The final phase of motor vehicle emission limitations (“final cutpoints”) in ch. NR 485, Wis. Adm. Code, is scheduled to go into effect on December 1, 1997. These cutpoints are to be used in the state's motor vehicle emission inspection and maintenance (I/M) program, which is operating in seven southeastern Wisconsin counties. Currently less restrictive cutpoints are in effect through November 30, 1997. The proposed rule will relax the final cutpoints for some categories of 1990 and older model year vehicles and postpone by one year the effective date for the final cutpoints for the remaining 1990 and older vehicles. This rule is being postponed because recent technical information indicates that many older vehicles cannot reasonably maintain a level of emissions which would comply with the final cutpoints in the current rule. The proposed rule will also add a new set of fast-pass cutpoints to ch. NR 485.
Fiscal impact:
The proposed rule is not expected to change the state's costs for administering the I/M program; however, the proposed rule is expected to change the state and local government costs for repairing the vehicles that fail the I/M program's emissions test. Under the proposed rule, the percentage of government vehicles that would fail the test would be less than the percentage that would fail under the “final cutpoints” in the current rule, but more than the percentage that are currently failing. As shown in the table following, over the three year period starting December, 1997, the annual repair costs under the proposed rule are estimated to exceed the current repair costs by $4,000 to $5,000 for all state government ($800 to $1,000 for DNR) and by $15,000 to $20,000 for all local governments. Under the current rule, after the final cutpoints go into effect on December 1, 1997, the annual repair costs over the next three years are estimated to exceed current costs by $6,500 to $10,000 for all state government ($1,500 to $2,000 for DNR) and by $25,000 to $40,000 for all local governments. Thus, the proposed rule will increase costs relative to current costs, but will decrease costs relative to future costs under the current rule.
Improved vehicle fuel efficiency resulting from the repairs may offset some of these increased costs; thus, these costs estimates likely overestimate the actual costs.
Estimated Increases in Annual Repair Costs and
Estimated Increases in Failure Percentages for
Government Vehicles
Dec-97 to Nov-98
Dec-98 to Nov-99
Dec-99 to Nov-00
All State Government
Current Rule
Proposed Rule
$10,000 (8%)
$4,000 (3%)
$9,000 (7%)
$5,000 (4%)
$6,500 (5%)
$5,000 (4%)
Current Rule
Proposed Rule
$2,000 (8%)
$800 (3%)
$2,000 (7%)
$1,000 (4%)
$1,500 (5%)
$1,000 (4%)
All Local Governments
Current Rule
Proposed Rule
$40,000 (8%)
$15,000 (3%)
$35,000 (7%)
$20,000 (4%)
$25,000 (5%)
$20,000 (4%)
1. The current estimated annual repair costs are $6,500 for all state government ($1,500 for DNR) and $25,000 for all local governments. The current failure rate for government vehicles is approximately 5%.
2. The cost estimates assume an average repair cost of $180 for vehicles failing the emissions test and assume that the number of vehicles tested per year is 700 for all state government (150 for DNR) and 2800 for all local governments. No fuel efficiency improvements from the repairs is assumed, so the cost estimates likely overestimate actual costs.
Long-range fiscal implications:
After November, 2000, the increased annual repair costs (relative to current costs) under the proposed rule are expected to be no more than $5,000 for all state government ($1,000 for DNR) and no more than $20,000 for all local governments.
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.
Administration (CR 96-164):
Ch. Adm 66 - Relating to financial qualifications of manufactured home dealer license applicants.
Administration (CR 96-165):
Chs. Adm 67 and Trans 141 - Relating to manufactured home dealer trade practices, facilities and records.
Administration (CR 96-166):
Ch. Adm 68 - Relating to length, expiration date and fee for licenses issued to manufactured and mobile home dealers and salespeople and for registration plates issued to dealers.
Commerce (CR 97-96):
Chs. Comm 2, 5 and 18 - Relating to the inspection of elevators and mechanical lifting devices.
Employe Trust Funds (CR 97-104):
S. ETF 10.65 - Relating to the Department of Employe Trust Funds refunding contributions to the Wisconsin Retirement System (WRS) that exceed the contributions limits set forth in internal revenue code and Wisconsin Statutes.
Employe Trust Funds (CR 97-105):
S. ETF 10.79 - Relating to the Department of Employe Trust Funds procedures for locating missing participants and transferring the balances of abandoned accounts to the annuity reserve.
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.
Accounting Examining Board (CR 97-70):
An order creating s. Accy 7.035, relating to the education required of candidates to take the examination leading to receipt of a credential as a certified public accountant after December 31, 2000.
Effective 12-01-97.
Financial Institutions--Savings Banks (CR 97-28):
An order affecting s. DFI-SB 3.08, relating to the definition of “primary liquid assets” in the liquidity rule for savings banks.
Effective 12-01-97.
Commissioner of Insurance (CR 97-71):
An order affecting ss. Ins 17.01 and 17.28, relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 1997; adding certain physician specialties to those currently listed in the rule; and providing that UW hospital and clinics residents' fees be calculated on a full-time-equivalent (FTE) basis in the same manner as medical college of Wisconsin resident fees are currently calculated.
Effective 12-01-97.
Law Enforcement Standards Board (CR 96-118):
An order affecting chs. LES 1 to 6, relating to training and employment standards for law enforcement, tribal law enforcement, jail and secure detention officers and to administration of training.
Effective 12-01-97.
Public Service Commission (CR 95-62):
An order repealing and recreating ch. PSC 168, relating to establishing new and revised rules for the certification and regulation of alternative telecommunications utility (ATU) resellers and providers of operator services, also known as alternative operator services (AOS).
Effective 12-01-97.
Revenue (CR 97-56):
An order affecting ss. Tax 11.32 and 11.68, relating to Wisconsin sales and use taxes.
Effective 11-01-97.
Transportation (CR 97-6):
An order affecting chs. Trans 253 and 259 and s. Trans 255.06 (6), relating to overweight permits.
Effective 12-01-97.
Transportation (CR 97-34):
An order creating ch. Trans 177, relating to motor carriers.
Effective 12-01-97.
rules_published Rules Published In This Wis. Adm. Register
The following administrative rule orders have been adopted and published in the October 31, 1997 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.
Commerce (CR 97-37):
An order creating subchs. I, II and III of ch. DOD 6, and creating ch. Comm 108, relating to the Community Development Block Grant Program.
Effective 11-01-97.
Financial Institutions--Credit Unions (CR 97-49):
An order affecting ch. CU 54 (ch. DFI-CU 54), relating to real estate mortgage loans in credit unions.
Effective 11-01-97.
Financial Institutions--Credit Unions (CR 97-50):
An order repealing ch. CU 55 (ch. DFI-CU 55), relating to credit union check cashing, money orders, and traveler's checks.
Effective 11-01-97.
Financial Institutions--Credit Unions (CR 97-51):
An order repealing ch. CU 57 and creating ch. DFI-CU 57, relating to retention of credit union books and records.
Effective 11-01-97.
Financial Institutions--Credit Unions (CR 97-52):
An order affecting ch. CU 70 (ch. DFI-CU 70), relating to participation loan authority parity with federal credit unions.
Effective 11-01-97.
Educational Approval Board (CR 97-35):
An order affecting chs. EAB 1, 4, 5, 6, 7, 8, 9 and 10, relating to approving and licensing schools and programs, setting fees, advertising, setting bond levels, defining tuition refund policy and procedures, outlining complaint procedures, mandating records retention and all matters related to oversight of approved postsecondary educational institutions.
Effective 12-01-97.
Funeral Directors Examining Board (CR 96-183):
An order creating ch. FD 6, relating to the registration and regulation of agents authorized to represent funeral directors or funeral establishments in the sale or solicitation of burial agreements that are funded with the proceeds of a life insurance policy.
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.