Statutes Interpreted: Chapters 101 and 145, Stats., and 2005 Wisconsin Act 25

Statutory Authority: Chapters 101 and 145, Stats., and 2005 Wisconsin Act 25

Related Statute or Rule: None.

Explanation of Agency Authority: Chapter 101, Stats., authorizes the Department of Commerce to adopt reasonable and proper rules relative to the exercise of its powers and authorities, including the issuance and renewal of various credentials to businesses and individuals. Chapter 145, Stats., grants the Department authority to promulgate rules governing plumbers and automatic fire sprinkler system installers. 2005 Wisconsin Act 25 contains revisions to the credential terms for plumbers and automatic fire sprinkler system installers.

Summary of proposed rules: Chapter Comm 5 of the Wisconsin Administrative Code contains the Department's rules for the issuance and renewal of numerous credentials which businesses and individuals are either mandated or permitted to obtain. These credentials are licenses, certifications and registrations that relate to activities associated with the construction and inspection of buildings and structures or specific components and elements that serve buildings and structures.

The proposed rules consist of revisions in chapter Comm 5 in order to address some administrative issues that have occurred since the last update of chapter Comm 5. The definition of HVAC equipment and an exception for obtaining the HVAC contractor registration are being revised in order to clarify who must obtain the registration. The credential terms for automatic fire sprinkler system installers and plumbers are changed to 4 years. The respective credential fees and any required continuing education hours are adjusted accordingly. The experience requirements for qualifying for the examination for the commercial electrical inspector certification are removed. The proposed rules also include the creation of continuing education requirements for the renewal of the license as a utility contractor. The proposal also removes dates and date-dependent requirements which are no longer relevant.

The proposed rules address administrative issues unique to the department's rules. There are no existing or proposed federal regulations that address the activities to be regulated by the proposed rules.

The proposed rules address administrative issues unique to the department's rules. There are no similar rules in the states of Illinois, Iowa, Michigan and Minnesota.

There were no factual data or analytical methodologies used to develop the proposed rules.

The proposed rules should have a minimal effect on small business. There were no supporting documents used to determine the effect on small business, and an economic impact report was not prepared.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Types of small businesses that will be affected by the rules: The rules will affect any business that obtains a credential from the department for an HVAC contractor, automatic fire sprinkler system installer, plumber, commercial electrical inspector, or utility contractor.

Reporting, bookkeeping and other procedures required for compliance with the rules: There are no reporting or bookkeeping procedures required for compliance with the rules.

Types of professional skills necessary for compliance with the rules: There are no types of professional skills necessary for compliance with the rules.

Rules have a significant economic impact on small businesses: No. Rules not submitted to Small Business Regulatory Review Board.

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at carol.dunn@wisconsin.gov.

The Safety and Buildings Division is responsible for administering and enforcing chapter Comm 5. The proposed rules contain changes in some of the Division's license and registration fees in correlation with the changes in the respective license and registration terms. Therefore, over a given period of time, the revenues collefted will be unchanged. Also, the proposed rules will not create any additional workload costs.

The proposed rules will not have a significant fiscal effect on the private sector. The higher initial fees will be offset by the longer credential terms.

NOTICE IS HEREBY GIVEN that pursuant to s. 41.41 (7) (k), States., the Kickapoo Reserve Management Board will hold a public hearing at the time and place shown below to consider amending s. KB 1.09 (8) relating to capacity limits at camping areas and s. KB 1.10 regarding fees for hunting and fishing within the Kickapoo Valley Reserve.

The public hearing will be held in the Kickapoo Valley Reserve Visitor Center meeting room; S.3661 Highway 131, La Farge, Wisconsin on Tuesday, April 25, 2006 beginning at 6:00 p.m. Copies of the Hearing Notice, complete rule text and other information regarding the Kickapoo Valley Reserve is available via the agency website: http://kvr.state.wi.us through the contact information listed below.

Written comments on the proposed rule amendment may be sent to the contact person by April 30, 2006. Written comments will receive the same consideration as oral testimony presented at the hearing.

Statutory authority: s. 41.31 (7) (j), Stats.

Statutes interpreted: s. 41.41, Stats.

The Kickapoo Reserve Management Board (KRMB) was created in 1994 to manage the 8,569 - acre Kickapoo Valley Reserve (Reserve). Under a joint management agreement with the Ho-Chunk Nation, the KRMB administers the objective set forth in s. 41.41 to: “preserve and enhance its unique environmental, scenic and cultural features, to provide facilities for the use and enjoyment of visitors to the reserve and to promote the reserve as a destination for vacationing and recreation."

Under current rules (s. KB 1.09(8)) the Board limited the number of persons at one campsite to six people. The KRMB in working with the Department of Health and Family Services in the administration of campground rules allow for a variety of campsite sizes that have appropriate capacity limits based on specific area. The KRMB is seeking to eliminate the “6 person" limit of the current rule to allow for campsite capacity limits to be posted accurately on site. Also, KB 1.10 exempts persons who hunt, fish or trap from paying a fee to the Reserve. The amended rule would eliminate that exemption.

Text of Rule

Section 1. s. KB 1.09(8) is amended to read:

No more than one camping party is permitted at any camping site in the reserve. A camping party that includes persons other than immediate family members may not exceed posted capacity limits except a camping party that receives a permit to camp at a group campsite.

Section 2. s. KB 1.10 (1) is amended to read:

All users of the reserve are required to pay either annual, camping, day use or event fees.

The proposed rule will does not have a significant fiscal impact on governmental entities.

The proposed rule does not have a significant fiscal impact.

For additional information, copies of the proposed rules or to submit comments in writing contact:

Marcy West, Executive Director

Kickapoo Valley Reserve

S.3661 Highway 131

La Farge, Wisconsin 54639

Phone: 608-625-2960

Fax: 608-625-2962

Email: Kickapoo.reserve@krm.state.wi.us

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss. 227.11 (2), 458.03 (1) (b) and 458.085, Stats., and interpreting ss. 458.06, 458.08 and 458.13, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to repeal RL 80.03 (1a), (1b), (7g) (a) and (b), 81.02 (6), 83.01 (4) (a), 84.01 (2), (5), (6) (a) (intro.), 1., 2., 3., (b) (intro.), 1., 2., 3., the Note following RL 84.01 (6) (b) 3., (c) (intro.), 1. and 2. and (13), 85.02 (7) (a) (intro.), 1., 2., (b) (intro.), 1., 2., 3., (c) (intro.), 1., 2., 3., the Note following RL 85.02 (7) (c) 3., (d) (intro.), 1. and 2. and (11); to renumber and amend RL 80.03 (7g) (intro.), 84.01 (6) (intro.), 84.02, 84.03, 84.04, 85.02 (2) and (7) (intro.); to amend RL 80.03 (3), (9) and (13), 81.01, 81.02 (intro.), (3), (7), the Note following RL 81.02 (8), 81.03 (1) (title), (intro.), (c), (2) (intro.), (a), the Note following RL 81.03 (2) (d), the Note following RL 81.04 (1) (a), 81.04 (1) (c) (intro.) and 1., 81.05 (1) (title) and (2) (title), 82.01 (6), 83.01 (3) (intro.), (a) and (b), (4) (b), the Note following RL 83.01 (4) (c), 83.02 (2), 84.01 (1), (7) (b) and (c), (9) (d) and (e), (12) and the Note following RL 84.01 (12), 85.01 (1), (1m), (2), (3) and (5), 85.02 (1), (6), (8) (b) and (c), the Note following RL 85.02 (8) (d), (10), the Note following RL 85.02 (10), 86.01 (1), (2), (4) and (10), 87.01 (1), (2) and (3) and 87.02 (1), (2) (intro.) and (b); to repeal and recreate RL 80.03 (10), 84.01 (7) (e) and 85.02 (8) (e); and to create RL 80.03 (4m), a Note following RL 81.02 (5), 83.01 (3) (f) and (3m), a Note following RL 84.01 (6), 85.02 (2) (a) to (m), a Note following RL 85.02 (7), 86.01 (11) and 87.02 (2) (c), relating to definitions, experience, educational courses, continuing education, conduct and renewal for real estate appraisers.

Date:   May 10, 2006

Time:   9:15 A.M.

Location:   1400 East Washington Avenue

  Room 121C

  (Enter at 55 Dickinson Street)

  Madison, Wisconsin

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Council, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708, or by e-mail to pamela.haack@drl.state.wi.us. Written comments must be received by May 22, 2006, to be included in the record of rule-making proceedings.

Statutes interpreted: Sections 458.06, 458.08 and 458.13, Stats.

Statutory authority: Sections 227.11 (2), 458.03 (1) (b) and 458.085, Stats.

Explanation of agency authority: The Department of Regulation and Licensing is authorized under ss. 458.03 (1) (b) and 458.085, Stats., to promulgate rules establishing the criteria for the approval of educational programs and experience requirements for licensed and certified appraisers.

Related statute or rule: The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), 12 USC 3331 et seq.

Plain language analysis:

SECTION 1. In s. RL 80.03 (1a), the department repeals the definition of “ad valorem tax appraisal" and replaces it with the definition of “mass appraisal." The definition of “mass appraisal," which is created in SECTION 7, is more commonly used in the profession. Section RL 80.03 (1b), which contains the definition of “affidavit," is being repealed because the department no longer requires applicants to submit affidavits verifying appraisal experience.

SECTION 2. In s. RL 80.03 (3), the department amends the definition of “appraiser experience," to include the types of experience that it will accept for purposes of granting appraiser credentials. This change reflects the revisions made by the Appraiser Qualifications Board (“AQB") of the Appraisal Foundation to the Real Property Appraiser Qualification Criteria and Interpretations of the Criteria.

SECTION 3. Section RL 80.03 (4m) is being created to define “class hour" to mean 60 minutes, of which at least 50 minutes are instruction attended by the student. This definition replaces the definition of “hour of instruction" found in s. RL 80.03 (10), which is being repealed and recreated in SECTION 7.

SECTION 4. Section RL 80.03 (7g) (intro.) is renumbered s. RL 80.03 (7g) and is being amended to define distance education to mean any education process based on the geographical separation of student and instructor. This change reflects the revisions made by the Appraiser Qualifications Board (“AQB") of the Appraisal Foundation to the Real Property Appraiser Qualification Criteria and Interpretations of the Criteria.

SECTION 5. Refer to comments under SECTION 4 above.

SECTION 6. Section RL 80.03 (9) is being amended to make a minor correction.

SECTION 7. Refer to comments under SECTION 1 above.

SECTION 8. In s. RL 80.03 (13), the definition of “real estate consulting" is being revised to make a minor change to the rule.

SECTION 9. Section RL 81.01 is being amended to omit the references to sub. (1), because starting January 1, 2008, applicants may be required to satisfy additional educational requirements that are set forth in other subsections of the rules. Refer to SECTIONS 37, 38 and 39.

SECTION 10. Section RL 81.02 (intro.) is being amended to reduce the amount of time that applicants will be required to comply with a request for information related to an application from one year to 120 calendar days. At the expiration of the 120 day period, applicants will be required to file a new application and fee if certification or licensure is sought at a later date.

SECTION 11. A note following s. RL 81.02 (5) is being created to set forth the amount of time that applicants will be allowed to take and pass the state and national examinations and to complete all other requirements for licensure or certification. This change reflects the revisions made by the Appraiser Qualifications Board (“AQB") of the Appraisal Foundation to the Real Property Appraiser Qualification Criteria and Interpretations of the Criteria.

SECTION 12. Section RL 81.02 (6) is being repealed because the department will no longer require an applicant to submit an affidavit verifying appraisal experience.