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.
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 Emergency 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. 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 rule-making 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 that filed late in 1996 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.
Contact Person and Copies of Emergency Rule
Copies of this emergency rule are available without cost upon request by writing to:
Department's Office of General Counsel, Room 115-B
Telephone (608) 267-3703
P. O. Box 7910
Madison, WI 53707-7910
Alternate formats of the proposed rule will be provided to individuals at their request. Hearing-impaired individuals may contact the Department using TDD (608) 266-0396.
Notice of Hearing
Transportation
Notice is hereby given that pursuant to s. 341.45(5g), Stats., and interpreting s. 341.45(5g), 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 6th day of
May, 1997, at 1:00 PM, to consider the amendment of ch. Trans 152, Wis. Adm. Code, relating to Wisconsin Interstate Fuel Tax.
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 May 7, 1997, 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 Susan Kavulich, Department of Transportation, Division of Motor Vehicles, Motor Carrier Services Section, 4802 Sheboygan Avenue, Room 151, P. O. Box 7981, Madison, WI 53707-7981.
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: s. 341.45(5g)
Statute Interpreted: s. 341.45(5g)
General Summary of Proposed Rule.
The International Fuel Tax Agreement (IFTA) is an agreement among states and Canadian provinces that simplifies the reporting and distribution of fuel use taxes paid by interstate motor carriers. Currently Wisconsin-based interstate trucking companies pay $3 annually for an IFTA license and $2 per vehicle annually for IFTA decals. Prior to January 1, 1997, Wisconsin received fuel tax license and decal fees from IFTA and non-IFTA motor carriers. As of January 1, 1997, there are no longer any non-IFTA motor carriers purchasing fuel tax licenses or decals. Therefore, revenue from fuel tax license and decal fees no longer covers the Department's costs to administer the fuel tax program. The Department proposes a rule change to increase the annual IFTA decal and license fees, and replacement license and decal fees in an equitable manner to support the administrative cost of the IFTA program. This proposal will amend ch. Trans 152 to increase the fees paid by Wisconsin-based interstate trucking companies for IFTA decals and licenses, and replacement decals and licenses.
Fiscal Estimate
The purpose of the proposed fee increases is to raise the necessary revenue to support the costs of administering the IFTA program in Wisconsin. The Department estimates that annual administrative costs for the IFTA program are $518,000, and the proposed fees will raise approximately that amount of revenue each year, based upon 3,700 licenses and 69,500 decals.
Initial Regulatory Flexibility Analysis
The proposed fee increases assess the administrative costs of the IFTA program to smaller and larger carriers in an equitable manner. The administrative costs to process the quarterly fuel tax reports or annual IFTA license renewal do not vary significantly by fleet size. Administrative costs for conducting IFTA audits tend to increase for very large fleets. To reflect these trends, the Department balanced the fee increases between license fee (a flat fee assessed per fleet) and the decal fee (a fee assessed for each vehicle in a fleet). As a result, the proposed fees do not place an inordinate burden on either the smaller or larger fleets.
Copies of Rule
Copies of the proposed rule may be obtained upon request, without cost, by writing to Susan Kavulich, Department of Transportation, Division of Motor Vehicles, Motor Carrier Services Section, 4802 Sheboygan Avenue, Room 151, P. O. Box 7981, Madison, WI 53707-7981, or by calling (608) 261-6305. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. 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 s. 341.45(5g), Stats., the department of transportation hereby proposes an order to amend a rule interpreting s. 341.45(5g), Stats., relating to Wisconsin interstate fuel tax.
SECTION 1. Trans 152.05(2)(i) and (j), and (12), as renumbered by Clearinghouse Rule Number 96-171, are amended to read:
Trans 152.05(2)(i) License fee of $3.00
$70.00.
(j) Decal fee of $2.00 $4.00.
(12) REPLACEMENT LICENSE OR DECAL. If a license or a fuel decal is lost prior to expiration, the department may issue a replacement license for $3.00 $10.00 or fuel decal for $2.00 $4.00.
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.
SS. ETF 10.03 (3t) and 20.12 - Relating to conditions under which the Department of Employe Trust Funds will treat payments received under a court order or compromise settlement as earnings for retirement benefit purposes.
S. NR 10.09 (1) (c) 1. a. - Relating to the definition of a muzzleloader for the muzzleloader gun deer season.
SS. NR 20.02, 20.03 and 25.06 - Relating to sport and commercial fishing for yellow perch in Lake Michigan.
Ch. RL 50 and ss. RL 52.02, 52.04, 53.02, 54.04 and 54.05 - Relating to the regulation of cemetery authorities, cemetery salespeople and preneed sellers of cemetery merchandise.
Regulation and Licensing
(CR 97-1):
Ch. RL 25 - Relating to educational requirements for real estate salesperson's and broker's licenses.
S. VE 4.01 (3) - Relating to evidence that would be required in order to obtain a veterinary license for a candidate who is not a graduate of a school that has been approved by the Board.
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 96-139):
An order creating s. ATCP 21.15, relating to potato late blight.
Effective 05-01-97.
Barbering & Cosmetology Examining Board
(CR 95-217):
An order creating s. BC 2.03 (7), relating to standards of conduct.
Effective 06-01-97.
Chiropractic Examining Board
(CR 96-95):
An order affecting ss. Chir 6.015 and 6.02 and creating ch. Chir 11, relating to patient records.
Effective 06-01-97.
An order affecting ch. Med 13, relating to continuing medical education for podiatrists.
Effective 06-01-97.
An order affecting ss. NR 10.01, 10.26 and 11.08, relating to sharp-tailed grouse hunting.
Effective 06-01-97.
An order affecting ch. Trans 152, relating to Wisconsin Interstate Fuel Tax and the International Registration Plan.
Effective 06-01-97.
An order repealing and recreating ch. Trans 76, relating to general transportation aids.
