RL 52.04 (2) (b) The bond shall be payable to the state department of regulation and licensing for the benefit of purchasers of stored property or their assignees.
SECTION 6. RL 52.04 (2) (d) is created to read:
RL 52.04 (2) (d) The bond shall remain in effect throughout the time that the warehouse remains approved by the department and the warehouse keeper shall submit a copy of each bond renewal certificate to the department.
SECTION 7. RL 53.02 (3) is amended to read:
RL 53.02 (3) COMPLETE ANSWERS; CERTIFICATION. No request for approval shall be processed until all questions appearing on the application are fully completed, and certified as accurate, and sworn to before a notary public, and all required documents are received by the department.
SECTION 8. RL 54.04 (1) (b), (3) and (4) are amended to read:
RL 54.04 (1) (b) Publicly traded preferred or common stock of regulated utilities in the United States whose debt is rated AA or above by Standards & Poors Poor's or by Moody's Investors Services. Once the debt rating of the issuing utility drops below an A rating and remains below that rating for 2 consecutive quarters, the cemetery authority shall divest those instruments within 180 days or proceed under par. (e).
(3) No cemetery authority may invest in any entity or company in which an officer or trustee of the cemetery authority has more than a 5% ownership interest is a shareholder who beneficially owns, holds or has the power to vote 5% or more of any class of securities issued by the entity or company.
(4) No cemetery authority may invest in any entity or company in which a spouse or child of an officer or trustee of the cemetery authority or other family member who receives one-half of his or her support from an officer or trustee shall have more than a 5% ownership interest is a shareholder who beneficially owns, holds or has the power to vote 5% or more of any class of securities issued by the entity or company.
SECTION 9. RL 54.05 (2) and (3) are amended:
RL 54.05 (2) If the affidavit submitted to the department pursuant to sub. (1) lists investments in classes other than those described in s. RL 54.04 (1) (a) to (d), the affidavit shall be accompanied by a sworn written statement by a licensed investment advisor or a licensed securities broker, stating that his or her belief that such investments will provide safety equal to or greater than the investment classes described in s. RL 54.04 (1) (a) to (d).
(3) If the investment proposal meets the criteria set forth in s. RL 54.04, the department may issue a letter of approval. Investments which are approved A decision by the department not to approve an alternative investment may be appealed under ch. RL 1.
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 Hearings
Transportation
Notice is hereby given that pursuant to ss. 85.16 (1), 227.11 (2) (a), and 348.25 (3), Stats., the Department of Transportation will hold public hearings at the following locations to consider the creation of ch. Trans 253, and amendments to chs. Trans 255 and 259, Wis. Adm. Code, relating to overweight and oversize permits.
Hearing Information
February 17, 1997   County Board Room, 3rd Floor
Monday   Marinette County Courthouse
10:00 a.m. to   MARINETTE, WI
12:00 p.m. (noon)
This hearing site is fully accessible to people with disabilities.
February 21, 1997   Room 421
Friday   Hill Farms State Trans. Bldg.
1:30 p.m. to   4802 Sheboygan Ave.
3:30 p.m.
Parking for people with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Written Comments and Contact Person
The public record on this proposed rulemaking will be held open until February 28, 1997, 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:
Susan Kavulich
Motor Carrier Services Section, Room 151
Division of Motor Vehicles
Wis. Dept. of Transportation
P. O. Box 7981
Madison, WI 53707-7981
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 Wis. Dept. of Transportation
Statutory authority: ss. 85.16 (1), 227.11 (2) (a), and 348.25 (3)
Statutes interpreted: ss. 348.06, 348.07, 348.15, 348.25, 348.26, and 348.27
General Summary of Proposed Rule. 1995 Wis. Act 163 amended s. 348.27 (9m), Stats., which allows the Department to issue permits for loads of bulk potatoes to be hauled at weights in excess of the statutory maximum weights of 80,000 pounds. These permits allow transportation of bulk potatoes from storage to rail loading facilities. The proposed rule amends ch. Trans 259 to conform with this statutory amendment.
1993 Wis. Act 439 created a statutory definition of “raw forest products” in s. 348.01 (bt), Stats. The proposed rule repeals the previously existing definition of “raw forest products” in s. Trans 259.02 (2) (d).
1995 Wis. Act 347 amended requirements for overweight and oversize vehicles operating within 11 miles of the Wisconsin/Michigan border, in s. 348.27 (9) (a), Stats. The proposed rule creates ch. Trans 253 that establishes standards and procedures for the issuance of these permits.
The proposed rule creates s. Trans 255.06 (6) that specifies that the person issued a permit for an overheight vehicle is responsible for ensuring that the vehicle clears all overhead structures by at least 3 inches.
The proposed rule amends the definition of “fruit or vegetable” in s. Trans 259.02 (2) (a), by expanding the meaning to include not only fruits and vegetables for human consumption but also fruits and vegetables not intended for human consumption (for example, field corn and soybeans).
Fiscal Estimate
The Department estimates that there may be a fiscal impact on the liabilities or revenues of any county, city, village or town responsible for maintaining local roads.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Proposed Rule
Copies of the rule may be obtained upon request, without cost, by writing to:
Susan Kavulich
Telephone (608) 261-6305
Motor Carrier Services Section, Room 151
Division of Motor Vehicles
Wis. Dept. of Transportation
P. O. Box 7981
Madison, WI 53707-7981
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.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection (CR 96-138):
Ch. ATCP 98 - Relating to financial standards and security requirements for vegetable contractors.
Agriculture, Trade and Consumer Protection (CR 96-139):
S. ATCP 21.15 - Relating to potato late blight.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.