These rules are primarily applicable to individuals and impose no new compliance or reporting requirements for small business. Vendors who choose to serve as department license outlets would continue to have compliance and reporting requirements and follow operational standards, however, we do not anticipate that those will be significantly different than what is currently required of vendors.
These rules will not modify the actual fees for any licenses, permits, registrations, or trail use stickers.
Pursuant to the Governor’s Executive Order 50, Section II, this will be a level 3 economic impact analysis. For this permanent rule, a notice for Solicitation of comments on the analysis was posted on the department’s website in the summer season of 2017. The department received no comments on the economic impact analysis.
Effects on Small Business: The department currently contracts with a vendor and provides automated licensing to the public at private retail outlets, department service centers, and online. Following these rules, the same basic framework of license delivery would still be in place.
These rules are primarily applicable to individuals and impose no new compliance or reporting requirements for small business. Vendors who choose to serve as department license outlets would continue to have compliance and reporting requirements and follow operational standards, however, we do not anticipate that those will be significantly different than what is currently required of vendors.
Agency Contact Person: Linda Olver, Bureau of Customer and Outreach Services,101 South Webster St., PO BOX 7921, Madison, WI 53707-7921. (608) 264-8985, linda.olver@wisconsin.gov Section 1. Subch. I - NR 8 (title) is amended to read:
Subch. I - NR 8. Standards and Procedures for the Statewide Automated License Issuance System.
Section 2. NR 8.01 (1) is repealed and recreated to read:
NR 8.01 (1) “Authenticated”, for purposes of s. NR 8.045, means properly linked to a customer’s statewide automated system account, as verified using department of transportation records. Section 3. NR 8.01 (2) is repealed.
Section 4. NR 8.01 (3m) is created to read:
NR 8.01 (3m) “Digital file”, for purposes of s. NR 8.045, means a portable document format (PDF) file or Hyper Text Markup Language (HTML) file. Section 5. NR 8.01 (5) and (6) are repealed.
Section 6. NR 8.02 is amended to read:
NR 8.02 Authorization to issue approvals. All license agents shall issue all department approvals or federal approvals designated by the department to be issued through the statewide automated licensing system, except for approvals designated by the department to be issued only by the department or by specified license agents.
Section 7. NR 8.03 (2) (b) is repealed.
Section 8. NR 8.03 (2) (c) (Intro.) is amended to read:
NR 8.03 (2) (c) All license agent applicants not included in par. (a) or (b) shall be considered for approval by the department. Factors which may be considered for approval of an application include, but are not limited to the following:
Section 9. NR 8.03 (3) (b) is repealed.
Section 10. NR 8.04 (1) (a) and (b) are amended to read:
NR 8.04 (1) (a) An applicant shall provide appropriate identification and update all personal information as indicated by the department's license issuance manual when applying for an approval. In addition, an applicant shall sign the purchase receipt attesting to his or her residency and that his or her privileges for all approvals issued have not been suspended or revoked by a court of law.
(b) An applicant shall sign the issued approval, if required by the department on the approval form, before exercising any privileges authorized by the approval and carry the signed approval on their person when exercising privileges authorized by the approval.
Section 11. NR 8.045 is created to read:
NR 8.045 (Title) Forms of proof; reprints.
NR 8.045 (1) Pursuant to s. 23.47 (1) Stats., this subsection establishes that only the following, issued or authenticated through the statewide automated system, may be used in lieu of the original approval document to provide proof of authorization to engage in the activities in paragraphs (a) to (d): (a) For any of the following: hunting licenses, hunting stamps, goose permits, wild turkey harvest authorizations, deer carcass tags, and trapping licenses, authorized under subch. III of ch. 29, Stats., as published on January 5, 2017, except licenses and stamps authorized by s. 29.2297, Stats.; fishing licenses and fishing stamps, authorized under subch. III of ch. 29, Stats., as published on January 5, 2017, only while fishing on inland waters that are not boundary waters; disabled trolling, hunting and fishing permits issued under s. 29.193, Stats.; guide licenses authorized under s. 29.512, Stats.; certificates of accomplishment authorized under ss. 29.591, 29.595, and 29. 597, Stats.; and wild rice harvest licenses authorized under 29.607 (3): 1. A reprint, as designated under sub. (3), of the original approval document issued by the department or agent appointed under s. 29.024 (6) (a), Stats. 2. A conservation card issued under s. 23.47(2), Stats. 3. An authenticated, current, non-expired Wisconsin operator’s license issued by the department of transportation, of the type required under s. 343.18(1), Stats. 4. A discernible and easily viewable image produced by a digital file issued by the department, displayed on any electronic device, including a cellular telephone, in a manner that permits a law enforcement officer to complete a meaningful inspection of such image for purposes of establishing compliance with s. 29.024(1), Stats. (b) For fishing licenses and fishing stamps, authorized under subch. III of ch. 29, Stats., as published on January 5, 2017, while fishing on the waters that are boundary waters or while fishing on the waters that are outlying waters, a reprint, as designated under sub. (3), of the original approval document issued by the department or agent appointed under s. 29.024 (6) (a), Stats. 1. A reprint, as designated under sub. (3), of the original approval document issued by the department or agent appointed under s. 29.024 (6) (a), Stats. 2. A discernible and easily viewable image produced by a digital file issued by the department, displayed on any electronic device, including a cellular telephone, in a manner that permits a law enforcement officer to complete a meaningful inspection of such image for purposes of establishing compliance with the requirement to exhibit proof of the certificate.
(d) For an approval issued as a unique carcass tag for bear, goose, grouse, or sturgeon that has not been validated or used to harvest an animal, a reprint, as designated under sub. (3), of the original approval document issued by the department or agent appointed under s. 29.024 (6) (a), Stats. NOTE: Once an individual has harvested a bear, goose, grouse, or sturgeon under the authority of a unique carcass tag, the tag is no longer eligible to be reprinted.
NR 8.045 (2) For any approval not specifically enumerated in sub. (1), no alternative forms of proof are permitted.
NR 8.045 (3) Pursuant to s. 23.47 (3), Stats., for a license, stamp, certificate, or tag for which a reprint is authorized as proof of authorization under sub (1)., an approval holder may cause their original approval document to be reprinted by doing any of the following: (a) Utilizing a digital file issued by the department to produce a high-quality printed hard-copy that facilitates meaningful inspection by a law enforcement officer.
(b) Requesting the department to produce a printed hard-copy at a service center.
(c) Requesting an agent appointed under ss. 29.024 (6) (a) 2. or 3.Stats. to produce a printed hard-copy, if the approval is of the type the agent is authorized to issue. NR 8.045 (4) Any tag that is identified by a unique number is a unique carcass tag that remains as a singular harvest approval regardless of the number of reprints generated. Every reprint that bears an identical unique number collectively represent one authorization to harvest an animal; once an animal has been harvested under the authority of the harvest approval, all of the reprints are considered filled and the tag is no longer valid.
Section 12. NR 8.05 is repealed.
Section 13. NR 8.07 is amended to read:
NR 8.07 Variances. The department may approve a variance from nonstatutory requirements of this chapter upon request when the department determines that the variance is essential to accomplish the objectives of the statewide automated license issuance system and where special circumstances make the variances in the best interest of the program. Before granting a variance, the department shall take into account factors such as good cause and circumstances beyond the control of the requester.
Section 14. NR 8.52 (1) (b) 2., (c) 2. and (d) 2. are amended to read:
NR 8.52 (1) (b) 2. Update the department's Automated License Issuance System statewide automated system with a violator's revocation status, including the starting date and the ending date when known.
(c) 2. Update the department's Automated License Issuance System statewide automated system with a violator's revocation status, including the starting date and the ending date when known.
(d) 2. Update the department's Automated License Issuance System statewide automated system with any change in the violator's hunting, fishing and trapping revocation status.
