Under the rule, interstate bus companies will apportion income to the state based on the average of the ratio of gross receipts from the transport of customers in Wisconsin to these gross receipts everywhere, plus the ratio of ton miles of carriage in Wisconsin to these ton miles everywhere. “Ton mile” is defined in the rule to be the movement of one ton of persons or property, or both, the distance of one mile, with each person considered the equivalent of 200 pounds for carriage purposes.
Information from the 1994 tax filing season indicates that interstate bus companies have little or no net income subject to apportionment in the state. It is believed that the change in the tax rule could have a positive or negatives fiscal effect on individual interstate bus companies subject to tax in the state, but these changes are likely to be minimal. Thus, the impact on state tax revenues from the rule change is estimated to be minimal, but it is uncertain whether it will be positive or negative.
Department of Transportation
Notice is hereby given that pursuant to ss. 85.16(1) and 348.07(4), Stats., interpreting s. 348.07(4), Stats., the Department of Transportation will hold a public hearing at the following locations to consider the revision of ch. Trans 276, Wis. Adm. Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways.
Hearing Information
May 29, 1996 County Courthouse
Wednesday County Boardroom
1:00 p.m. 626 Main St.
Darlington, WI
May 30, 1996 Suring Village Hall
Thursday 604 East Main Street
1:00 p.m. Suring, WI
May 31, 1996 City Hall Forum
Friday 100 State Street
1:00 p.m. Beloit, WI
The hearing locations are accessible to persons with disabilities.
The public record on this proposed rule making will be held open until close of business, May 31, 1996, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such written comments should be submitted to Mark Morrison, Regional Traffic Engineer, Room 601, P. O. Box 7916, Madison, Wisconsin, 53707-7916.
A copy of the proposed rule may be obtained upon request from the Wisconsin Department of Transportation, State Traffic Engineer, at the address noted above. Hearing-impaired individuals may contact the Department using TDD (608) 266-0396.
NOTE: This hearing is being conducted at 2 locations in order to give the public greater opportunity to present its facts, arguments and opinions. The records from both locations will be combined into a single Hearing Record on which the Department will base its decisions. Individuals need only attend one of the public hearings for their testimony to be fully considered.
Analysis Prepared by the Wisconsin Department of Transportation
STATUTORY AUTHORITY: ss. 85.16(1) and 348.07(4)
STATUTE INTERPRETED: s. 348.07(4)
General Summary of Proposed Rule. This proposed rule amends s. Trans 276.07(7), Wis. Adm. Code, to add a segment of highway to the designated highway system established under s. 348.07(4), Stats. The actual highway segment that this proposed rule adds to the designated highway system is:
Hwy.
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From
|
To
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STH 32
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STH 22 in Gillett
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STH 64 S. of Mountain
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This proposed rule also repeals s. Trans 276.07(8m), Wisconsin Administrative Code, which was no longer in effect as of 1-1-92 due to a sunset clause imposed after reconstructing a bridge. The actual highway segment that this proposed rule removes from the listing of designated highways is:
Hwy.
|
From
|
To
|
STH 37
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STH 88 S. of Mondovi
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USH 10 in Mondovi
|
Note: The proposed rule text often achieves these objectives by consolidating individual segments into contiguous segments with new end points. In order to determine the actual highway segment added, it is necessary to compare the combined old designations with the combined new designation.
This proposed rule also repeals s. Trans 276.09(1), Wis. Adm. Code, which effectively adds several highway segments to the designated highway system established under s. 348.07(4), Stats. The actual highway segments that this proposed rule adds to the designated highway system are:
Hwy.
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From
|
To
|
USH 51
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Illinois Line at Beloit
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Broad Street in Beloit
|
STH 81
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STH 11 S. of Brodhead
|
STH 213 in Beloit
|
STH 213
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Broad Street in Beloit
|
STH 81 in Beloit
|
Broad Street
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STH 213 in Beloit
|
USH 51 in Beloit
|
The long trucks to which this proposed rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s. 348.07(2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.
Note: 45-foot buses are allowed on the National Network and Interstate system by Federal law. Section 4006(b) of the Intermodal Surface Transportation Efficiency Act of 1991.
The effect of this proposed rule will be to extend the provisions of s. 348.07(2)(f), (fm), (gm) and (gr), and s. 348.08(1)(e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highways. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segments. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segments provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on these highway segments provided the kingpin to rear axle distance does not exceed 41 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.
These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district or sewerage district.
Initial Regulatory Flexibility Analysis
The provisions of this proposed rule adding highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to the office of the State Traffic Engineer, P. O. Box 7916, Madison, Wisconsin, 53707, telephone (608) 266-1675. For questions about this rule making, please call Mark Morrison, Regional Traffic Engineer at (608) 266-1675. Alternate formats of the proposed rule will be provided to individuals at their request.
Text of Proposed Rule
Under the authority vested in the state of Wisconsin, department of transportation, by ss. 85.16(1) and 348.07(4), Stats., the department of transportation hereby proposes to amend ch. Trans 276, Wis. Adm. Code, interpreting s. 348.07(4), Stats., relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways, as follows:
SECTION 1. Trans 276.07(7) is amended to read:
Route
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From
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To
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STH 32
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USH 41 N. of De Pere
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STH 22 in Gillett 64 S. of Mountain
|
SECTION 2. Trans 276.07(8m) and 276.09(1) and (note) are repealed.
SECTION 3. Trans 276.09(2) and (3) are renumbered 276.09(1) and (2).
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
S. Chir 9.03 (6) - Relating to approved chiropractic college preceptorship programs.
Ch. ERB 5 - Relating to guidelines for the computer grant to committees as required by s. 166.20 (2) (bg), Stats.
S. WGC 24.13 (1) (d) -Relating to simulcasting fees.
Ch. HSS 62 - Relating to assessment and treatment of intoxicated drivers.
SS. HSS 201.30 (1) and 201.303 - Relating to participation of Aid to Families with Dependent Children (AFDC) recipients in the AFDC Benefit Cap Demonstration Project.
SS. NR 1.15, 10.104 and 10.28 - Relating to deer management goals, quotas and units.
S. NR 19.02 - Relating to requiring a handling fee for certain approvals required for hunting, trapping or fishing.
SS. NR 10.01, 10.31 and 10.32 - Relating to the early goose hunt subzone.
SS. NR 10.01, 10.02, 10.106, 10.145, 10.27, 10.29 and 10.40 - Relating to hunting and trapping.
S. N 8.08 (1) - Relating to requirements for malpractice insurance coverage for advanced practice nurse prescribers.
Ch. RL 7 and Appendix I - Relating to the impaired professionals procedure.
Ch. RL 9 - Relating to establishing a procedure for determining whether an applicant for credential renewal is liable for any delinquent taxes.
Ch. RL 1 - Relating to procedures to review denials of credentials.
SS. Tour 1.02, 1.03 and 1.05 - Relating to the Joint Effort Marketing Program.
S. Trans 201.16 (2) (e) - Relating to on-private property political signs next to interstates and freeways.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order repealing ch. HSS 3 and creating ch. HSS 83, relating to Community-Based Residential Facilities (CBRF's) for adults.
