Revises Chapter Jus 10, relating to firearms restriction records searches.

The primary objective of the rule is to update Chapter Jus 10 to conform to existing requirements in sections 175.35 (2g) (d) and 175.35 (2i), Stats.

Because the rule will implement explicit statutory directives, there are no legally viable policy alternatives available to the department. The principal purpose of the rule is to provide for departmental processing of information concerning orders involving firearms restrictions received from circuit courts under chs. 51 and 55, Stats., as provided in section 175.35 (2g) (d), Stats. The rule will also conform the fee provisions in Jus 10.11 (1) to the fee provisions in section 175.35 (2i), Stats.

Section 175.35 (1) (at), (2g) (c), (2g) (d), and (2i), Stats.

The rule will facilitate the operation of the national instant criminal background check system, 28 CFR Part 25.

The entity principally affected by the rule is the Wisconsin Department of Justice. Additional departmental staff time and additional data processing will be required. The rule will not significantly affect handgun dealers or handgun purchasers because the rule will conform Jus 10 to existing statutory requirements.

60 hours.

Walter Neverman, Director, Crime Information Bureau, Wisconsin Department of Justice, 17 West Main Street, Post Office Box 2718, Madison WI 53707-2718, (608) 264-6207, nevermanwm@doj.state.wi.us.

Revises Chapters NR 50, relating to snowmobile grant program and Chapter NR 64, relating to the all-terrain vehicle grant program.

The Department is requesting authorization to pursue a number of modifications to Chapters NR 50 (snowmobile grant program) and NR 64 (all-terrain vehicle grant program), Wis. Adm. Code. Modifications are needed to:

(1) Improve specifications for bridge design and the length of easement agreements on which bridge abutments are placed (both chs. NR 50 and NR 64);

(2) Incorporate statutory changes already in place regarding supplemental trail maintenance grant funding (in ch. NR 50);

(3) Adjust s. NR 64.14(6)(b) to allow state trail grants to fund the higher trail summer maintenance costs;

(4) Improve signage requirements (in ch. NR 64); and

(5) Add a description of “troute" — trail/route combination that provides a trail connector – and allow grant funding for this purpose (in ch. NR 64).

The Department has long published a set of guidelines for the design of bridge structures built with either snowmobile or all-terrain vehicle grant funds. With the continued increase in weight of snow grooming power units and drags, the infrastructure committee of the Governor's Snowmobile Recreation Council undertook a review of the specifications in conjunction with Sanjay Olson, Chief Engineer, Department's Facilities and Land Bureau. The design process was modified from point loading to train loading and the design load increased from its current 12,000 pounds to 14,000 pounds. Chapter NR 50, the administrative rule for snowmobile trail aids, needs to be revised to show the newer design load. Chapter NR 64, the administrative rules for all-terrain vehicle trails aids, is currently silent on the bridge design load and should be updated to reflect the newer design load.

In addition, the Governor's Snowmobile Recreation Council has requested that the Department develop a sliding scale for the length of easement agreements based on the total estimated cost of a bridge structure, i.e., longer easements required for more expensive, larger bridge structures. Easements are common for the land on which bridge abutments are built. The Council feels that the current minimum easement agreement length of 3 years is not sufficient for bridge structures costing in excess of $50,000.

The statutory authority to pursue the above rule modifications is contained in ss. 350.12(4) and 23.33(8)(a) and (9), Stats.

2005 Wis. Act 25 increased the cost threshold for supplemental snowmobile trail grant funding. Prior to the passage of 2005 Wis. Act 25, actual cost of grooming snowmobile trails had to exceed $130 per mile before a project sponsor was eligible for supplemental grant funding in any year. With the passage of 2005 Wis. Act 25, that threshold is now $150 per mile per year. Chapter NR 50 needs to be revised to reflect changes made in 2005 Wis. Act 25.

The statutory authority to pursue the rule modification is contained in s. 350.12(4)(bm)(2), Stats.

The Off Road Vehicle (ORV) Advisory Council has recommended an increase in summer all-terrain vehicle (ATV) trail maintenance payments from $450 per mile to $600 per mile to cover the actual trail maintenance costs that are now being absorbed by county or municipal funds. Chapter NR 64 needs to be revised to reflect the $600 per mile amount.

The statutory authority to pursue the rule modification is contained in s. 23.33(9)(b)(5), Stats.

There has been a need to distinguish between ATV trail use seasons. The ORV Council recommends three separate signs by which seasonal use can be identified.

The statutory authority to pursue the rule modification is contained in s. 23.33(9)(b)(4), Stats.

The Department is aware that several all-terrain vehicle (ATV) paths exist that also allow motor vehicle traffic. From the onset of the program, these paths were identified as trails and signed accordingly. In June 2008, DNR legal counsel advised that such paths were routes and not trails. The ORV Council, Wisconsin County Forestry Association, and DNR propose language for ch. NR 64 to accommodate paths with both ATV and motor vehicle traffic. These paths – now called “troutes" – will be grandfathered into the administrative code; proposed language reads as follows:

The proposal includes adding the definition of a troute (trail/route combination that allows ATVs and motor vehicles to utilize the same linear surface and is used as a trail connector) as defined in s. NR 64.02 (3), Wis. Adm. Code. Further, the department will provide state aid of up to 50% of the per-mile summer maintenance rate listed in s. NR 64.14 (2)(b), Wis. Adm. Code, for troutes. All troutes developed after June 2008 must be signed as routes and are eligible for funding as follows:

If a road is not receiving gas tax funding not more than 50% of the per mile rate as identified in s. NR 64.14 (2) (b), Wis. Adm. Code, will be provided. If a road is receiving gas tax funding, the grant amount will be calculated as the per-mile rate identified in s. NR 64.14 (2) (b) minus the gas tax received, not to exceed 50% of the rate in s. NR 64.14 (2) (b), Wis. Adm. Code. Further, rehabilitation of troutes will be calculated as 50% of total project costs, excluding the cost of any structures. Also, any troute not receiving gas tax funding will be allowed to sign as a route with signs no smaller than 6" x 6" in size and no larger than specified in s. NR 54.12 (7) (a), Wis. Adm. Code.

The statutory authority to pursue the rule modification is contained in s. 23.33 (9) (b), Stats.

The time necessary to draft the changes will be approximately 100 hours.