RL 125.07 Trust account designation.
SECTION 16. RL 125.08 (title) is amended to read:
RL 125.08 Notification of the department regarding trust account.
SECTION 17. RL 125.08 (3) and (4) are created to read:
RL 125.08 (3) An auctioneer or auction company shall notify the department no later than 10 days after a change has been made to an auction trust account name, auction trust account number or depository institution name. The notification shall be provided on a form prepared by the department.
(4) An auctioneer or auction company shall notify the department no later than 10 days after an auction trust account has been closed. This notification shall be made in writing to the department.
SECTION 18. RL 125.11 is renumbered RL 125.12 (intro.) and RL 125.12 (title) and (intro.) are amended to read
RL 125.12 Trust account bookkeeping system. An auctioneer or an auction company required to maintain a trust account shall maintain a bookkeeping system that enables the auctioneer or auction company to adequately account for all trust funds in a trust account, to maintain an accurate and sufficient balance in the account and to account for all trust funds received from specified buyers and paid to specified sellers for specified purchases. The bookkeeping system shall consist of at least the following:
SECTION 19. RL 125.11 (1) to (4) are created to read:
RL 125.11 (1) CHECK REGISTER. An auctioneer or an auction company shall maintain a record regarding a trust account, called a check register, which shall show the date, the payee, the number of the check, share draft or draft and the amount.
(2) BANK RECONCILIATION. An auctioneer or an auction company shall reconcile the trust account in writing each month except in the case where there has been no activity during the month. The written reconciliation shall include all of the following:
(a) The ending bank statement balance.
(b) The date and amounts of the deposits in transit.
(c) The check number and amounts of outstanding checks.
(d) The resulting reconciled bank statement ending balance.
(3) VALIDATION. The auctioneer or auction company shall review the reconciled bank statement ending balance, the account summary sheets described in sub. (4), and the check register to ensure that all of the records are accurate and in agreement as of the date the trust account statement has been reconciled.
(4) ACCOUNT SUMMARY SHEET. An auctioneer or auction company shall maintain a record, called an account summary sheet, which shows the receipts, deposits, expenses and disbursements as they affect each individual auction.
SECTION 20. RL 125.12 is renumbered RL 125.025 and RL 125.025 (intro.) is amended to read:
RL 125.025 Use of computers. An auctioneer or an auction company may maintain trust account any records required by this chapter in a computerized system, provided that:
SECTION 21. RL 126.02 (11), (12) and (13) are created to read:
RL 126.02 (11) Cheating on the registration examination or soliciting or knowingly disclosing registration examination content.
(12) Failing to post written notice at and prior to the commencement of an auction of the terms and conditions under which the registrant will accept payment by buyers.
(13) If a buyer's premium or surcharge is a condition of sale, failing to post written notice at and prior to the commencement of an auction of the percentage or other amount of the buyer's premium or surcharge.
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 and Licensing
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Notice of Hearing
Transportation
Notice is hereby given that pursuant to s. 341.085, Stats., and interpreting s. 341.085, Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of ch. Trans 309, Wis. Adm.Code, relating to ambulance inspection:
Hearing Information
October 15, 1998 State Patrol Hdqtrs. District 4
Thursday Downstairs Meeting Room
9:00 a.m. Hwys. NN & 51
Wausau, WI
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 October 16, 1998, 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 Ted Waite, Department of Transportation, Division of State Patrol, Room 551, P. O. Box 7912, Madison, WI 53707-7912.
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. 341.085
Statute interpreted: s. 341.085
General Summary of Proposed Rule. Chapter Trans 309 was created in November 1, 1986, replacing ch. Trans 157. The purpose of this chapter is to prescribe minimum vehicle and medical equipment specifications for ambulances and to establish administrative procedures for implementing the ambulance inspection program under s. 341.085, Stats.
The rule was last revised in 1993-94. This rule change came about after requests came from the Wisconsin EMS Physician's Board and the Wisconsin EMS Board. Their request was to bring the rule up to today's medical standard.
This proposed rule making:
♢ Addresses the problem of an increased number of ambulances that need to be inspected and the allotted person power to do those inspections. The inspections would go from annual to biennial, with the option of spot checks to verify compliance.
♢ Sets up an out of service criteria and a penalty section for noncompliance of the rule.
♢ Establishes requirements for required paper work the service provider is to keep and provide to the inspector upon inspection of the ambulance. This requirement will help ensure that the ambulance and equipment used has been properly maintained for the safe transportation of the sick and injured.
♢ Provides that all “In-Service" ambulances carry defibrillators which will bring the rule into compliance with DHFS requirements. With the advent of public defibrillation, the ambulance service provider must be able to maintain or increase the level of care given to the patient.
♢ Provides that the medical and surgical equipment carried on an ambulance meets the requirements of the medical field.
♢ Provides for the protection of a latex sensitive patient or EMT by requiring that the ambulance carries a latex free kit containing items most used in care for a patient.
Fiscal Estimate
This proposed rule will have an adverse effect on a limited number of public entities providing ambulance service. For those services that keep their ambulances stocked with the bare minimum of medical and surgical equipment, the Department estimates that their cost per ambulance would be less than $1,000. Most service providers will have very little monetary hardship because they already carry most of the equipment that this rule would require. The Department estimates that there would be a $200 cost per ambulance. This proposed rule will increase revenues for noncompliance of certain parts of this rule by assessing monetary penalties by about $1,000.00 per year.
Initial Regulatory Flexibility Analysis
This proposed rule will have an adverse effect on a limited number of small businesses providing ambulance service. For those services that keep their ambulances stocked with the bare minimum of medical and surgical equipment, the Department estimates that their cost per ambulance would be less than $1,000. Most service providers will have very little monetary hardship because they already carry most of the equipment that this rule would require. The Department estimates that there would be a $200 cost per ambulance.
Copies of Proposed Rule
Copies of the rule may be obtained upon request, without cost, by writing to Frieda Andreas, Division of State Patrol, P. O. Box 7912, Madison, WI 53707-7912, or by calling (608) 266-6936. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Transportation
Notice is hereby given that pursuant to ss. 110.075(6), 194.38(2), 194.43 and 346.45(4), Stats., interpreting ss. 110.07, 110,075, 194.38 and 194.43, Stats., the Department of Transportation will hold a public hearing on the 5th day of October, 1998, at the Hill Farms State Transportation Building, Room 551, 4802 Sheboygan Avenue, Madison, WI, at 1:30 PM, to consider the emergency rule amendment of chapter Trans 328, Wis. Adm. Code, relating to motor carrier safety requirements for intrastate transportation of hazardous materials.
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.
Parking for persons with disabilities and an accessible entrance are available.
Analysis Prepared by the Wisconsin Department of Transportation
Statutory authority: ss. 110.075(6), 194.38(2), 194.43 and 346.45(4)
Statutes interpreted: ss. 110.07, 110,075, 194.38 and 194.43
General Summary of Emergency Rule. The Department, by this rule making, is adopting changes to federal hazardous material regulations that have been expanded to include intrastate transportation and provides for some agricultural exceptions for farmers, allows for the use of some non-specification packages for intrastate transportation only, and provides exceptions for "materials or trades." These exceptions will only apply if state statutes or regulations are in effect prior to October 1, 1998, allowing these exceptions.
In addition, Ch. Trans 328 adopted motor carrier safety requirements for intrastate transportation of hazardous materials of the United States Department of Transportation in effect on November 1, 1996. This amendment changes the date from November 1, 1996 to August 1, 1998. This change allows Wisconsin to enforce the most recent version of the motor carrier safety requirements for intrastate transportation of hazardous materials and will include exceptions provided in revised federal rules.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district, sewerage district, or any federally-recognized American Indian tribes or bands.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Emergency Rule and Contact Person
Copies of the rule may be obtained upon request, free of charge, from the Division of State Patrol, P. O. Box 7912, Room 551, Madison, WI 53707-7912, or by calling (608) 266-6936. 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.
Text of Emergency Rule
Under the authority vested in the state of Wisconsin, department of transportation, by ss. 110.075(6), 194.38(2), 194.43 and 346.45(4), Stats., the department of transportation hereby amends ch. Trans 328, Wisconsin Administrative Code, interpreting ss. 110.07, 110,075, 194.38 and 194.43, Stats., relating to motor carrier safety requirements for intrastate transportation of hazardous materials.
