As an alternative, not updating the recreational vehicle administrative code chapters will continue to create less clarity for the general public who desire to be in compliance with the law and for law enforcement who desire enforcement certainty.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
The following statutes grant authority to the department to promulgate rules which create a framework to govern the use of recreational vehicles through means such as the creation of equipment standards, rules of operation, registration procedures, traffic rules, and designation of uniform navigation aids:
s. 23.33, Wis. Stats. – All-terrain vehicles and utility terrain vehicles.
s. 30.5 to s. 30.66, Wis. Stats. – Regulation of boating.
s. 227.11 (2) – Agency rule-making authority.
s. 350, Wis. Stats. – Snowmobiles.5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
Approximately 400-600 hours of department staff time will be needed to develop the proposal and promulgate the rules.
6. List with description of all entities that may be affected by the proposed rule:
People affected by this proposed rule include recreational vehicle user groups and individuals who are presently regulated or affected by recreational vehicle provisions such as off-highway vehicle associations and boating associations, statutorily established councils such as the off-road vehicle council and snowmobile recreational council, law enforcement agencies, and the general public.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The proposed rule will maintain alignment between Wisconsin Administrative Code provisions pertaining to the regulation of boating with Coast Guard requirements contained in federal law.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The department does not anticipate any costs to implement the proposed rule. The proposed rule is not likely to have a significant economic impact on small businesses.
9. Anticipated number, month and locations of public hearings:
The department anticipates holding two public hearings in Fall 2019 in Madison and Wausau.
Contact Person: Sandra Smith-Loomans, Policy Analyst, Bureau of Law Enforcement, 608-264-9230.
Preston D. Cole, Secretary
Date Submitted
