Telephone (608) 266-9536
Office of the Commissioner of Railroads
610 North Whitney Way, Room 110
P.O. Box 8968
Madison, WI 53708-8968
Analysis
Statutory authority: ss. 189.02 (1), 195.03 (1), 195.39 and 227.11 (2) (a) and (b)
Statutes interpreted: ss. 189.02, 195.03 to 195.043, 195.05, 195.08 to 195.17, 195.21, 195.37 to 195.39
Legislative Council Staff Recommendations
On June 25, 1997, the office received the Legislative Council Staff's (LCS) Clearinghouse Report on the proposed rule. The LCS submitted no suggested changes.
Analysis Prepared by the Office of the Commissioner of Railroads
The Wisconsin Office of the Commissioner of Railroads proposes to repeal ch. RR 3, Railroad Ratemaking, which sets forth procedural and substantive provisions for the regulation of intrastate railroad rates. Chapter RR 3 has been preempted by federal law.
The Interstate Commerce Commission Termination Act granted exclusive jurisdiction over the regulation of railroad economic activity to the Surface Transportation Board (Board). 49 USC sec. 10501. The Termination Act preempted state regulation of intrastate railroad rates with which ch. RR 3 was concerned. The Termination Act states, “The jurisdiction of the Board over (1) transportation by rail carriers, and the remedies provided in this part with respect to rates, classifications, rules (including car service, interchange, and other operating rules), practices, routes, services, and facilities of such carriers . . . is exclusive . . . [T]he remedies . . . with respect to regulation of rail transportation are exclusive and preempt the remedies provided under Federal or State law.” 49 USC 10501 (b) (1). See also, 61 FR 14849 in which the Board stated its conclusion that the Termination Act preempts state regulation in this area.
The legislative history of the Termination Act also demonstrates Congressional intent to preempt state regulatory authority over intrastate rail rates. The House Transportation Committee report stated that the new law effects a “general pre-emption of State economic regulation of rail carriers . . .” H.R. Rep. No. 311, 104th Cong., 1st Sess. 103 (1995).
For these reasons, the office proposes to repeal ch. RR 3.
Text of Rule
SECTION 1. Chapter RR 3 is repealed.
Note: The Interstate Commerce Commission Termination Act granted exclusive jurisdiction over the regulation of railroad economic activity to the Surface Transportation Board (STB). 49 USC sec. 10501. The Termination Act preempted state regulation of intrastate railroad rates with which chapter RR 3 was concerned. See also, 61 FR 14849, in which the STB stated its conclusion that the Termination Act preempts state regulation in this area. The STB took over many of the duties of the Interstate Commerce Commission, which the Termination Act abolished. The Board can be reached at: Office of Public Services, Room 848, Surface Transportation Board, 1925 K St. N.W., Washington, DC 20423-0001. (202) 565-1592.
Fiscal Estimate
There is no fiscal impact from the adoption of these rules. A copy of the proposed rules and a full fiscal estimate may be obtained without cost from the contact person at the Office of the Commissioner of Railroads upon request.
Initial Regulatory Flexibility Analysis
These rule changes will not affect small business.
Notice of Hearing
Workforce Development
(Economic Support, Chs. DWD 11-59)
Notice is hereby given that pursuant to s. 49.26, Stats., the Department of Workforce Development proposes to hold a public hearing to consider the revision of s. DWD 12.25, Wis. Adm. Code, relating to amendments to the Learnfare Program.
Hearing Information
The public hearing is scheduled as follows:
March 16, 1998 Room 400X, GEF #1
Monday 201 E. Washington Ave.
10:00 a.m. Madison, WI
This hearing is held in an accessible facility. If you have special needs or circumstances which may make communication or accessibility difficult at the hearing, please call the EEO/AA office of the Division of Economic Support at (608) 267-0927 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
Statutory authority for rule: s. 49.26 (1) (gm) 2 and (h) 1
Statute interpreted by the rule: s. 49.26
This rule implements changes to the Learnfare Program made by 1997 Wis. Act 27 by amending the existing rules on the Learnfare Program, s. DWD 12.25, Wis. Adm. Code, as follows:
Application of the school attendance requirement is changed from children aged 6 to 19 to children aged 6 to 17.
A child will not meet the Learnfare attendance requirement if the child is not enrolled in school or was not enrolled in the immediately preceding semester.
Participation in case management is required for a child who does not meet the attendance requirements or who is a minor parent, a dropout, a returning dropout, or a habitual truant. If a child fails to meet the attendance requirements, or if the child and the child's parent fail to attend or reschedule a case management appointment or activity after two written advance notices have been given by the W-2 agency, the W-2 agency is required to impose a financial penalty, unless an exemption reason or a good cause reason is verified.
The exemption reasons are the same criteria that have in the past been treated as good cause under Learnfare. In addition, good cause for failing to participate in Learnfare case management includes any of the following:
⍽ Child care is needed and not available.
⍽ Transportation to and from child care is needed and not available on either a public or private basis.
⍽ There is a court-ordered appearance or temporary incarceration.
⍽ Observance of a religious holiday.
⍽ Death of a relative.
⍽ Family emergency.
⍽ Illness, injury or incapacity of the child or a family member living with the child.
⍽ Medical or dental appointment for the minor parent or the minor parent's child.
⍽ Breakdown in transportation.
⍽ A review or fair hearing decision identifies good cause circumstances.
⍽ Other circumstances beyond the control of the child or the child's parent, as determined by the W-2 agency.
The financial penalty will be imposed as a reduction of the benefit amount paid to a W-2 participant who is in a community service job (CSJ) or transitional placement and will be imposed as a liability against a W-2 participant who is in a trial job. The amount of the penalty will be $50 per month per child, not to exceed $150 per W-2 group per month. The financial penalty will be imposed each month until the child meets the school attendance or case management requirements or until an exemption or good cause reason is verified.
Copies of Rule
A copy of the rules to be considered may be obtained from:
Division of Economic Support
State Dept. of Workforce Development
Telephone (608) 266-0988
One West Wilson Street
P.O. Box 7935
Madison, WI 53707-7935
Copies may also be obtained at the appointed time and place the hearing is held.
Written Comments
Interested people are invited to appear at the hearing, and will be afforded the opportunity of making an oral presentation of their positions. People making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from people unable to attend the public hearing, or who wish to supplement testimony offered at the hearing may be submitted no later than March 20, 1998 for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to Dianne Reynolds at the address previously given. Written comments will be given the same consideration as testimony presented at the hearing. People submitting comments will not receive individual responses.
Fiscal Estimate
This is the rule to implement the changes to the Learnfare Program made in 1997 Wis. Act 27.
All costs to the Department and local governments for the operation of the Learnfare Program were included in the 1997-1999 biennial budget act, 1997 Wis. Act 27. There are no additional costs for state government or local governments as a result of the promulgation of these administrative rule changes.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules:
None. These rules affect W-2 participants with children between the ages of 6 to 17.
2. Reporting, bookkeeping and other procedures required for compliance with the rules:
Not applicable.
3. Types of professional skills necessary for compliance with the rules:
Not applicable.
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.
Ch. DOC 309 - Relating to leisure time activities, inmate activity groups and religious beliefs and practices for inmates. (withdrawn)
Chs. HFS 10 and 67 and HSS 118 - Relating to hearings on relief from institutional charges, a low-income standard for allocating state nutrition and senior volunteer funds, and maintaining the confidentiality of personal facts included in medical information obtained by Department staff in the conduct of official business.
