Register

Section 7 of the rule repeals and recreates s. Tax 11.83 (8), relating to taxes on motor vehicles used by licensed motor vehicle dealers. It changes the formula for calculating use tax on vehicles operated by an employe of the dealer to:

Sales and use tax rate (5% for the state, 0.5% for counties with a sales tax) multiplied by $96 per month per dealer license plate held by the dealership.

Further, it changes the formula for calculating use tax on other vehicles operated by the dealer to:

Sales and use tax rate multiplied by the monthly lease value of the motor vehicle, as shown in the lease value tables compiled by the Internal Revenue Service (IRS).

Section 7 reflects statutory changes made in 1995 Wis. Act 27 and does not have a fiscal effect.

Other rule sections reflect additional statutory changes in Act 27, clarify existing language, reflect a recent decision by the Wisconsin Tax Appeals Commission, and change style and format to conform with Legislative Council Rules Clearinghouse standards. These changes do not have a fiscal effect.

Notice of Hearing

Department of Transportation

Notice is hereby given that pursuant to ss. 343.02(1), 343.055(5), 343.06(3) and 343.14, Stats., and interpreting ss. 343.055 and 343.14, Stats., the Department of Transportation will hold a public hearing in Room 421 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 15th day of October, 1996, at 1:30 PM, to consider the amendment of ch. Trans 102, Wis. Adm. Code, relating to driver license issuance.

An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.

The public record on this proposed rule making will be held open until close of business, October 15, 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 comments should be submitted to Karen Schwartz, Department of Transportation, Bureau of Driver Services, Room 301, P. O. Box 7920, Madison, WI 53707-7920.

Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.

Analysis Prepared by the Wisconsin Department of Transportation

STATUTORY AUTHORITY: ss. 343.02(1), 343.055(5), 343.06(3) and 343.14

STATUTES INTERPRETED: ss. 343.055 and 343.14

General Summary of Proposed Rule. The purpose of this proposed rulemaking is threefold: to clarify when the commercial motor vehicle sanctions associated with “excessive speeding” apply to farm service CDL applicants; to permit the Division of Motor Vehicles (DMV) to issue training permits up to 60 days before a student begins behind the wheel training; and to permit additional alternative documents to be used as proof of identification for purposes of obtaining a driver license as suggested by the American Association of Motor Vehicle Administrators.

Under the Commercial Motor Vehicle Safety Act, accompanying federal regulations, and s. 343.315(2)(f)1., Stats., drivers who are convicted of as exceeding the posted speed limit in a commercial motor vehicle by 15 or more miles per hour are disqualified. Under the federal farm service CDL waiver, drivers who exceed posted limits by 15 or more miles per hour in any class of vehicle are not permitted to obtain seasonal farm service CDLs for a period of 2 years. There has been some confusion regarding the speed at which the “excessive speeding” sanctions apply because for many years the uniform traffic deposit schedule has provided different monetary fines and DOT has assessed more demerit points to drivers who exceeded the speed limit by more than 20 miles per hour. Trans 101.02(1)(j). The proposed amendment to s. Trans 102.20(2)(c) clarifies that the 15 mile per hour standard is used in determining farm service CDL eligibility.

Currently the applicant's signature is required on the application for an operator's license or identification card. The Division of Motor Vehicles is having operational difficulties with members of fringe groups who sign their driver licenses with false names or add “reservations of rights,” allegations that the license is obtained under duress, or other extraneous information on the license signature line. DMV's experience with these groups has been that the members tend to provide required information as requested only when some provision of law leaves no possible room for ambiguity. This proposed rulemaking specifies precisely that signatures must be in the format first name, middle initial or name, last name. The purpose of the proposed rulemaking is to attempt to provide counter personnel with a tool to speed up the handling of driver license applications by these people.

Documents that will be accepted by the Department as proof of name, date and place of birth, and identity are expanded and updated. The new documents are recommended in the Uniform Identification Practices materials prepared by the American Association of Motor Vehicle Administrator's Driver Licensing and Control Uniform Identification Working Group, September, 1995.

The rulemaking also proposes to permit out-of-state drivers with driver licenses from their home states to provide any reliable evidence of their place of birth to DMV rather than requiring a certified copy of birth certificate or passport. DMV has never tracked the place of birth information it is required to collect under s. 343.06(1)(j), Stats. Because the birth certificate is less reliable identification than an out-of-state driver license, and requiring immigrants to the state to obtain birth certificates creates an administrative burden for the driver (to obtain the license) and for DMV (to have to explain the requirement to the driver and make arrangements to process the person when he/she obtains the certificate), the Division is proposing to accept any reliable evidence of place of birth rather than requiring the certified birth certificate.

After having several incidents in which people misrepresented their identity to the Department using only a license renewal notice as identification, the Department is repealing the exceptions which permitted people holding renewal notices from being required to provide other forms of ID. People reinstating or renewing a license will now need to provide some sort of photo ID, such as their expired license or a student ID.

Finally, this proposed rulemaking would change the Department's longstanding practice of not issuing an instruction permit to a driver until 30 days prior to the time the student begins behind the wheel training. The proposed rule would permit issuance up to 60 days prior to the start of behind the wheel training. The Division believes changing its practice will reduce some administrative burdens to the Division and license applicants.

Fiscal Effect

The proposed rulemaking will have no material fiscal effect on the Department, but will reduce some administrative burdens on the Division of Motor Vehicles.

Initial Regulatory Flexibility Analysis

The proposed rulemaking will have no effect on small businesses.

Preparation and Copies of Proposed Rule

Preparation of this proposed rule was done by the Division of Motor Vehicles. Copies of the proposed rule may be obtained upon request, without cost, by writing to Karen Schwartz, Department of Transportation, Bureau of Driver Services, Room 301, P. O. Box 7920, Madison, WI 53707-7920, or by calling [phone]. Hearing-impaired individuals may contact the Department using TDD [phone]. Alternate formats of the proposed rule will be provided to individuals at their request.

Notice of Proposed Rule

Department of Transportation

Notice is hereby given that pursuant to the authority of ss. 110.075(6), 194.38(2), 194.43 and 346.45(4), Stats., and according to the procedure set forth in s. 227.16(2)(e), Stats., the Wisconsin Department of Transportation will adopt the following rule amending chs. Trans 325, 326 and 328 without public hearing unless, within 30 days after publication of this notice, on October 1, 1996, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rules; a municipality which will be affected by the rules; or an association which is representative of a farm, labor, business or professional group which will be affected by the rules.

Questions about this rule making and any petition for public hearing may be addressed to Lt. Lyle Walheim, Division of State Patrol, Room 551, P. O. Box 7912, Madison, Wisconsin 53707-7912, telephone [phone].

Analysis Prepared by the Wisconsin Department of Transportation

STATUTORY AUTHORITY: ss. 110.075(6), 194.38(2), 194.43 and 346.45(4)

STATUTES INTERPRETED: ss. 110.07, 110,075, 194.38 and 194.43

General Summary of Proposed Rule. This proposed rule making will amend three existing rules to bring them into compliance with changes to the federal regulations which have gone into effect as of November 1, 1996. These changes are as follows:

Chapter Trans 325 adopted motor carrier safety regulations of the United States Department of Transportation in effect on November 1, 1995. This proposed amendment changes the date from November 1, 1995 to November 1, 1996. This change allows Wisconsin to enforce the most recent motor carrier safety regulations. All vehicles operating in interstate commerce are already subject, under federal law, to any changes that have been adopted between November 1, 1995 and November 1, 1996.

The Department also proposes to incorporate recent changes to federal regulations that became effective April 3, 1996, that affects the agricultural industry in Wisconsin. The new federal rules provide exceptions to hours of service requirements for drivers transporting agricultural commodities or farm supplies for agricultural purposes within a 100 air mile radius from the source of the commodities or the distribution point of the farm supplies. The exception will apply during the “planting and harvesting season within the state” as determined by the state. The Department will propose the planting and harvesting season to be from March 15 to December 15 each year. The proposal will be consistent with surrounding state declarations.

Chapter Trans 326 adopted motor carrier safety requirements for transportation of hazardous materials of the United States Department of Transportation in effect on November 1, 1996. This proposed amendment changes the date from November 1, 1995 to November 1, 1996. This change allows Wisconsin to enforce the most recent version of the motor carrier safety requirements for transportation of hazardous materials. All vehicles operating in interstate commerce are already subject under federal law to any changes that have been adopted between November 1, 1995 and November 1, 1996.

Chapter Trans 328 adopted motor carrier safety requirements for intrastate transportation of hazardous materials of the United States Department of Transportation in effect on November 1, 1995. This proposed amendment changes the date from November 1, 1995 to November 1, 1996. This change allows Wisconsin to enforce the most recent version of the motor carrier safety requirements for intrastate transportation of hazardous materials.

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, sewerage district, or any federally-recognized tribes or bands.

Initial Regulatory Flexibility Analysis

This proposed rule will have no adverse impact on small businesses.

Copies of Rule

This proposed rule was prepared by Lt. Lyle Walheim, Division of State Patrol. Copies of the rule may be obtained upon request, free of charge, from the Division of State Patrol, P. O. Box 7912, Room 551, Madison, WI 53707-7912, or by calling [phone]. Hearing-impaired individuals may contact the Department using TDD [phone]. 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. 110.075(6), 194.38(2), 194.43 and 346.45(4), Stats., the department of transportation hereby amends rules interpreting ss. 110.07, 110,075, 194.38 and 194.43, Stats., relating to motor carrier safety regulations, motor carrier safety requirements for transportation of hazardous materials, and motor carrier safety requirements for intrastate transportation of hazardous materials.

SECTION 1. Trans 325.01 is renumbered 325.02.

SECTION 2. Trans 325.01 is created to read:

Trans 325.01 DEFINITION. “Planting and harvesting season” means the period of time beginning March 15 through December 15 of each year.

SECTION 3. Trans 325.02(intro.), as renumbered, is amended to read:

Trans 325.02 FEDERAL RULES ADOPTED. (intro.) The following federal motor carrier safety regulations adopted by the United States department of transportation and in effect on November 1, 1995 1996, are adopted by the department and shall be enforced in relation to those carriers, drivers or vehicles to which these federal rules apply in the same manner as though the regulations were set out in full in this chapter:

SECTION 4. Trans 326.01(intro.) is amended to read:

Trans 326.01 FEDERAL RULES ADOPTED. The following federal motor carrier safety regulations adopted by the United States department of transportation and in effect on November 1, 1995 1996, are adopted by the department and shall be enforced in relation to those carriers, drivers or vehicles to which these federal rules apply in the same manner as though the regulations were set out in full in this chapter:

SECTION 5. Trans 328.03(intro.) is amended to read:

Trans 328.03 FEDERAL RULES ADOPTED. The following federal motor carrier safety regulations adopted by the United States department of transportation and in effect on November 1, 1995 1996, are adopted by the department and shall be enforced in relation to those carriers, drivers or vehicles to which these federal rules apply in the same manner as though the regulations were set out in full in this chapter:

Notice of Hearings

Workforce Development

(Migrant labor, Ch. DWD 301)

Notice is given that pursuant to s. 103.905 (1), Stats., the Department of Workforce Development proposes to hold public hearings to consider the revision of ch. ILHR 301 [DWD 301], Wis. Adm. Code, relating to Migrant Labor.

Hearing Information

October 21, 1996   Job Service Office

Monday   349 N. Peters Ave.

10:00 a.m.   Fond du Lac

November 5, 1996   Cartwright Center

Tuesday   1741 State Street

10:00 a.m.   La Crosse

A copy of the rules to be considered may be obtained from the State Department of Workforce Development, Division of Workforce Excellence, 201 E. Washington Ave., P.O. Box 7972, Madison, WI 53707, by calling [phone] or at the appointed times and places the hearings are held.

Interested persons are invited to appear at the hearings and will be afforded the opportunity of making an oral presentations of their positions. Persons making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearings may be submitted no later than October 25, 1996, for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to Vidal Rodriquez at the address noted above. Written comments will be given the same consideration as testimony presented at the hearings. Persons submitting comments will not receive individual responses.

These hearings are held in accessible facilities. If you have special needs or circumstances which may make communication or accessibility difficult at the hearing, please call [phone] or Telecom-Communication Device for the Deaf (TDD) at [phone] at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators or materials in audio tape format will, to the fullest extent possible, be made available on request by a person with a disability.

Analysis

This rule revises the code enforcement system followed by the Bureau of Migrant Services of the Department of Workforce Development. Its goal is to improve enforcement by rewarding code-compliant camp operators with lower fees and fewer inspection visits while increasing the attention, and the penalty fees, directed at camp operators with serious violations.

Under the proposed rule, the department will refund the camp certificate application fee for a timely applicant if the camp is certified on the basis of the first inspection. If a second visit is necessary for certification, there is no refund of the fee. If a third inspection visit is required, the department will charge an additional fee of $500. If four or more visits are required, the department will charge an additional $750 fee for each additional inspection.

For violations found after a post-occupancy inspection, the proposed rule would replace the current citation system with a system that bases the penalty fee on the gravity of the violation, the probability of harm, and mitigating factors like the compliance history of the employer.

The proposed fee changes have resulted from a review of fees caused by the statutory changes made by 1995 Act 27. The fee for migrant labor contractor certification, now $25 for one year, is changed to $250 for two years. The application fee for operating a migrant labor camp is raised from $10 to $100 plus the cost of water sampling and testing, and the late application fee is raised from $25 to $150 plus the cost of water sampling and testing. (As of now, this cost is about $35 per well.)

Other proposed rule changes will make corrections in cross-references, printing errors, and references to other statutes or legal requirements.

The rule is renumbered from ILHR 301 to DWD 301 to reflect the change in the department's name from the Department of Industry, Labor and Human Relations to the Department of Workforce Development.

Initial Regulatory Flexibility Analysis

1. Types of small businesses that will be affected by the rules.

Employers that operate migrant labor camps and provide housing to migrant workers.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

This rule doesn't add any new requirements.