This means that if an account balance exceeds $40 million, the maximum withdrawal is 5% of the balance. As each withdrawal is made, the balance falls and the 5% limit decreases, too. Once the balance on deposit reaches $40 million, withdrawals at a steady $2,000,000 per month may be made. Thus, under the present rule, it would take over five years for a separate retirement system with $374 million on deposit (as the City of Milwaukee had in December 1995 when it began making withdrawals) to fully withdraw its investment from the Trust Fund if it acts as quickly as possible. This time estimate is actually overly optimistic, since it ignores interest earned on the remaining balance which would be credited to the account during the five years, thereby prolonging the time needed to close the account.
Protection against extraordinarily large withdrawals is necessary, to avoid imprudently draining the Trust Fund's cash on hand or interfering with long-range investment plans by forcing the premature sale of investments. However, there is no reason to enforce the present 5% or $2 million limit if larger withdrawals could safely be made without harm to the Public Employe Trust Fund.
The proposed rule allows the DETF Secretary to permit more money to be withdrawn by a separate retirement system each month, provided the Secretary consults prior to each monthly withdrawal with the Executive Director of the State of Wisconsin Investment Board and is satisfied that no harm would result to the Public Employe Trust Fund (i.e., no imprudent reduction of cash on hand and no premature liquidation of investments) and/or to Wisconsin Retirement System participants who have a beneficial interest in the Trust Fund and its earnings.
The proposed rule also establishes the minimum period of advance notice required for any withdrawal at 21 days (instead of the current requirement for 60 days notice of withdrawals in excess of $10 million). Withdrawals are expressly limited to one per month, paid on the first working day of a month, which codifies present practices.
Fiscal Estimate
The Department estimates that there will be no direct fiscal impact from this rulemaking upon the state and anticipates no effect upon the fiscal liabilities or revenues of any county, city, village, town, school district, technical college district or sewerage district.
Initial Regulatory Flexibility Analysis
The Department anticipates that the provisions of this proposed rule will have no direct adverse effect on small businesses.
Copies of Rule and Contact Person
Copies of this rule are available without cost by making a request to:
Office of the Secretary
Telephone (608) 266-1071
Dept. of Employe Trust Funds
P.O. Box 7931
Madison, WI 53707
For questions about this rulemaking, please call Robert Weber, Chief Legal Counsel, (608) 266-5804.
Notice of Hearing
Regulation & Licensing
Notice is hereby given that pursuant to authority vested in the Department of Regulation and Licensing in ss. 227.11 (2) and 440.26, Stats., and s. 167.31 (4) (a) 4., Stats., as created by 1995 Wis. Act 122, and interpreting s. 167.31 (4) (a) 4., 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 and recreate s. RL 30.02 (7); and to create s. RL 30.02 (4m), relating to a private security person or a private detective carrying a loaded firearm in a vehicle while on duty as a private security person.
Hearing Information
September 27, 1996 Room 133
Friday 1400 E. Washington Ave.
11:00 a.m. MADISON, WI
Written Comments
Interested people are invited to present information at the hearing. People 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:
Office of Administrative Rules
Department of Regulation & Licensing
P.O. Box 8935
Madison, WI 53708
Written comments must be received by October 11, 1996 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation & Licensing
Statutes authorizing promulgation: ss. 227.11 (2) and 440.26, Stats., and s. 167.31 (4) (a) 4., Stats., as created by 1995 Wis. Act 122.
Statute interpreted: s. 167.31 (4) (a) 4.
Section 1 creates a definition of “in plain view,” as the Department of Regulation and Licensing is directed in s. 167.31 (4) (a) 4., Stats., as created by 1995 Wis. Act 122. This section of this proposed order permits the private security person to carry a firearm in a holster or without a holster, provided that the firearm or the holster with the firearm in it is entirely discernible from ordinary observation of a person located outside and within the immediate vicinity of the vehicle and is at all times within the control of the private security person and not accessible to other occupants in the vehicle. The holster may not be partially or wholly covered by the uniform of the private security person.
Section 2 repeals and recreates the current definition of “on duty” to clarify that a private security person is not on duty when the private security person drives to or from his or her place of employment or a facility at which he or she receives or intends to receive training to act as a private security person. The effect of this change and that described in Section 1 is to prohibit private security persons from having a loaded weapon in a vehicle when they drive to and from their place of employment or a facility at which they receive or intend to receive training to act as a private security person.
Text of Rule
SECTION 1. RL 30.02 (4m) is created to read:
RL 30.02 (4m) “In plain view,” as used in s. 167.31 (4) (a) 4., Stats., means a firearm which includes the following:
(a) Is not covered by any part of the uniform of a person acting as a private security person.
(b) Is or is not in a holster and the firearm or the holster with the firearm in it is entirely discernible from ordinary observation of a person located outside and within the immediate vicinity of the vehicle and is at all times within the control of the private security person and not accessible to other occupants in the vehicle.
Note: A firearm located in a glove compartment, in a briefcase or under a seat of a vehicle is not “in plain view,” as defined in this section.
SECTION 2. RL 30.02 (7) is repealed and recreated to read:
RL 30.02 (7) (a) “On duty,” except as provided in par. (b), means that time for which or during which a private detective or private security person:
1. Receives or is entitled to receive fees or other compensation for services as a private detective or a private security person; or
2. Acts or purports to be acting as a private detective or private security person.
(b) Notwithstanding subd. 1., “on duty” does not include that time during which a private security person drives in a vehicle to or from his or her place of employment or a facility at which the private security person receives or intends to receive training to act as a private security person.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to:
Pamela Haack, (608) 266-0495
Office of Administrative Rules
Dept. of Regulation & Licensing
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Notice of Hearing
Department of Transportation
Notice is hereby given that pursuant to s. 348.27(9r) and (12), Stats., interpreting s. 348.27(9r) and (12), Stats., the Department of Transportation will hold a public hearing on Wednesday, October 30, 1996 at the Hill Farms State Transportation Building, Room 813, 4802 Sheboygan Avenue, Madison, WI, at 1:00 PM, to consider the amendment of ch. Trans 269, Wis. Adm. Code, relating to transportation of garbage or refuse permits.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter by at least 10 days prior to the hearing.
Parking for persons with disabilities and accessible entrances are available on the north and south sides of the building.
Analysis Prepared by the Wisconsin Department of Transportation
STATUTORY AUTHORITY: s. 348.27(9r) and (12)
STATUTE INTERPRETED: s. 348.27(9r) and (12)
General Summary of Emergency Rule. An act of Congress declared a portion of USH 51 and STH 87 to be part of Interstate I-39. By this act, Congress also allowed the continued operation of overweight, divisible loads which are customarily prohibited from movement on Interstate highways. Corresponding changes in state statute were made in the 1995-97 Transportation Biennial Budget. However, for one type of overweight, divisible permit - garbage and refuse - the prohibition on Interstate movement appears only in the administrative rule. In order to allow overweight movement on the portion of I-39 which had been USH 51/STH 78, we need to revise the administrative rule.
An emergency rule is needed to allow immediate implementation of statutory changes and Congressional changes allowing overweight transport of garbage on the portion of I-39 which had been USH 51 from Wausau to the intersection of I-90/94. Interstate status for this highway segment became effective August 23, 1996, when signage was complete (which was earlier than anticipated), and permits which had been allowed under Trans 269 are no longer allowed. To prevent unsafe rerouting of overweight loads onto surface streets, inconsistent law enforcement among state and local law enforcement authorities, and confusion by the motor carrier industry, an emergency rule is needed while the permanent rule is developed.
The proposed rule change will benefit municipalities and counties by avoiding increased cost for removal of garbage and by avoiding increased travel on local roads by heavy vehicles. It will benefit the public by keeping heavy trucks off surface streets, avoiding traffic hazard. It will benefit the waste hauling industry by continuing most efficient transport routes. It will benefit law enforcement by maintaining status quo usage and keep this permit type parallel with all other similar permits.
Fiscal Impact
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
This proposed rule will have no adverse impact on small businesses.
Copies of Emergency Rule and Contact Person
A copy of the emergency rule may be obtained upon request from the Office of General Counsel, Wisconsin Department of Transportation, Room 115-B, P. O. Box 7910, Madison, WI 53707-7910, or by calling (608) 267-3703. Hearing-impaired individuals may contact the Department using TDD (608) 266-0396. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
