December 16, 1996 Room 901A
Monday Hill Farms State Trans. Bldg.
9:30 am. 4802 Sheboygan Ave.
MADISON, WI
Parking for people with disabilities and an accessible entrance are available on the north side of the Hill Farms State Transportation Building.
An interpreter for the hearing-impaired will be available on request for this hearing. Please make reservations for a hearing interpreter no later than 10 days prior to the hearing.
Written Comments and Contact Person
The public record on this proposed rulemaking will be held open until close of business December 16, 1996, to permit the submission of written comments from people unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to:
Marcia Traska
Local Transportation Aids, Room 951
Department of Transportation
P. O. Box 7913
Madison, WI 53707-7913
Analysis Prepared by the Wis. Dept. of Transportation
Statutory authority: s. 85.16
Statute interpreted: s. 86.303 (5) (f) (intro.) and (i) (intro.)
General Summary of Proposed Rule.
The General Transportation Aids (GTA) Program is a program provided to defray a portion of the costs incurred with constructing and maintaining roads under local jurisdiction. The GTA program is a reimbursement program based on each local government's spending patterns. GTA funds are distributed to all Wisconsin counties and municipalities in amounts determined using a formula which is based on local “eligible costs.” Generally, all road or street construction and maintenance expenditures within the right-of-way are considered eligible costs. A percentage of other expenditures are also considered eligible costs, including law enforcement, street lighting maintenance and construction, and storm sewer construction.
The share of cost rate is determined by the available funding and the six-year average costs reported by each county and municipality. Distribution of GTA payments to local governments are computed and paid on a calendar year basis. Quarterly payments are made on the first Monday of January, April, July and October. The Department obtains cost data from Financial Reports which all local units of government must file annually with the Department of Revenue. The reports are based upon calendar year expenditures and revenues and are submitted each spring and summer.
Late filing of Financial Report forms will result in a reduction of the local government's GTA received in 1996. Failure to submit the Financial Report with the Department of Revenue by the deadline will result in a reduction in GTA payments the following year. The reduction will be equal to 1% for each day late, to a maximum of 10%, as provided in s. 86.303 (5) (f) and (i), Stats.
As provided in s. 86.303(5)(f)(intro.) and (i)(intro.), Stats., the Department proposes this rulemaking to administratively interpret the phrase “each day” to exclude Saturday, Sundays and legal holidays. The Department's long-standing and consistent interpretation of the phrases “within 30 days” and “each day” has been calendar days. The Department has concluded that it would be fairer and more reasonable to continue to interpret the phrase “within 30 days” as calendar days, but to exclude Saturdays, Sundays and legal holidays from the interpretation of the phrase “each day” for the purposes of the one percent reduction for each day that the report is late. The reason for this revised interpretation is that the 10% penalty cap can still be reached within 30 calendar days. Using this interpretation, timely reports and calculations will still be available for state and local budgeting and planning purposes.
Fiscal Estimate
Four local governments will be affected for 1997 GTA payments. These four local governments will receive a total of $18,061.93 more based on less days of penalties. This does slightly affect the distribution of funds, but not the appropriation amounts.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Rule
Copies of the rule may be obtained upon request, without cost, by contacting:
Julie Johnson, Paralegal, (608) 267-3703
Office of General Counsel, Room 115-B
Department of Transportation
P. O. Box 7910
Madison, WI 53707-7910
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.
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.
Agriculture, Trade & Consumer Protection
(CR 96-71):
An order affecting chs. ATCP 10 to 12, relating to animal health, including farm-raised deer and poultry disease reporting requirements.
Effective 01-01-97.
An order repealing and recreating s. ETF 10.75, relating to signatures on Wisconsin Retirement System (WRS) documents by an agent holding the person's power of attorney.
Effective 01-01-97.
An order creating ss. ETF 20.04 (4), 20.07 and 60.53, relating to optional forms of annuity and to automatic distributions of Wisconsin Retirement System (WRS) benefits to participants and alternate payees who have attained age 69.5 and to beneficiaries of deceased annuitants.
Effective 01-01-97.
An order affecting ss. ETF 10.01, 20.14, 20.15 and 20.16, relating to purchases of service under the Wisconsin Retirement System, including forfeited, qualifying and other governmental service.
Effective 01-01-97.
An order affecting ss. HSS 124.27, 124.29, 124.30, 124.31, 132.812, 132.815 and 134.815, relating to review of plans for constructing or remodeling a hospital, nursing home or facility for the developmentally disabled (FDD), including review for compliance with the State Building Code, and fees for plan review.
Effective 01-01-97.
An order affecting chs. Ins 14 and 51, relating to financial standards for insurers.
Effective 01-01-97.
An order creating s. NR 20.04 (5), relating to sport fishing in urban waters.
Effective 01-01-97.
An order repealing and recreating s. NR 10.01 (1) (b) and (g) 1. a. - k., (g) 2., (g) 3., (u) 1. and (u) 2., relating to the 1996 migratory game bird season.
Effective 02-01-97.
An order repealing and recreating s. NR 20.038, relating to special size and bag limits for sport fishing on the Lac du Flambeau reservation.
Effective 01-01-97.
An order repealing and recreating s. Tax 11.95, relating to the retailer's discount.
Effective 01-01-97.
An order affecting ss. Tax 11.28, 11.46, 11.51 and 11.87, relating to Wisconsin sales and use taxes.
Effective 01-01-97.
An order affecting chs. SEC 2, 3, 4, 5, 32, 33, 35 and 37 and ss. SEC 7.06, 9.01, 31.01 and 34.01, relating to:
1) Securities registration exemptions;
2) Securities registration procedures, substantive registration standards and disclosure requirements;
3) Securities broker-dealer, securities agent and securities investment adviser licensing requirements and procedures;
4) Franchise definitions;
5) Franchise registration exemptions;
6) Franchise registration procedures, substantive registration and disclosure requirements;
7) Franchise registration or exemption revocations and fraudulent practices;
8) Franchise fee-related provisions; and
9) Franchise forms.
Effective 01-01-97.
The following administrative rule orders have been adopted and published in the November 30, 1996 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade & Consumer Protection
(CR 96-2):
An order affecting s. ATCP 3.02 and ch. ATCP 50, relating to soil and water resource management.
Effective 12-01-96.
Financial Institutions-Banking
(CR 96-67):
An order affecting ss. Bkg 76.01, 76.03, 76.04 and 76.14, relating to sales finance companies.
