Analysis Prepared by Department of Financial Institutions, Division of Banking
To create ss. DFI-SB 16.03 (8) and DFI-SL 16.06. The rules would allow state-chartered savings banks and state-chartered savings and loan associations, with the prior approval of the division of savings institutions, to acquire and hold stock in any of the following: a bank chartered under s. 221.1202, Stats.; a national bank chartered under 12 USC 27(b)(1); a bank holding company wholly owning a bank chartered under s. 221.1202; or a bank holding company wholly owning a bank chartered under 12 USC 27(b)(1). Section 221.1201 permits state-chartered banks to acquire stock in bank-owned banks. The rules would be the implementing provision under state law authorizing state-chartered savings banks and state-chartered savings and loan associaions to acquire and hold stock in bank-owned banks. The rules would ensure that state-chartered savings banks and state-chartered savings and loan associations will not be at a competitive disadvantage with other financial institutions that have received similar authority under state or federal laws.
Statutory Authority
Fiscal Estimate
There is no state fiscal effect, and there are no local government costs. No funding sources or ch. 20 appropriations are affected. There are no long-range fiscal implications.
Initial Regulatory Flexibility Analysis
The proposed rule will not have an effect on small businesses.
Contact Person
A copy of the full text of the proposed rules and fiscal estimate may be obtained through the following:
Mark Schlei, Deputy General Counsel
Department of Financial Institutions
Office of the Secretary
P.O. Box 8861
Madison, WI 53708-8861
Tel. (608) 267-1705
TTY (608) 266-8818
A copy of the full text of the proposed rules may also be obtained at the department's website, www.wdfi.org.
Notice of Hearings
Natural Resources
(Environmental Protection-General)
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2), 281.15 and 283.13, Stats., interpreting ss. 281.15 and 283.13, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 102, 104 and 106, Wis. Adm. Code, relating to stream classifications. Chapter NR 102 contains water quality standards for Wisconsin surface waters. The major change made to ch. NR 102 includes relocation of standards and associated rule language from ch. NR 104 to ch. NR 102 since it is the more appropriate rule for language associated with specific designated use categories and water quality criteria necessary to support those uses for the surface waters of Wisconsin. A minor change has been to reserve Subchapter II for the thermal water quality standards currently being developed.
Chapter NR 104 contains the uses and designated standards for surface waters. The purpose of the revisions to this chapter is to update the lists of uses and designated standards to reflect current state of knowledge for those waters.
Chapter NR 106 contains procedures for the calculation of water quality-based effluent limitations for toxic and organoleptic (taste & odor) substances. Two additional subchapters have been added to this rule. Subchapter II has been reserved for the procedures for calculating water quality-based effluent limitations for the discharge of heat (i.e., temperature limitations) which are currently under development, and Subchapter III has been created to include effluent limitations for water designated as limited aquatic life waters in ch. NR 104 have been transferred from ch. NR 104 to ch. NR 106 which is a more logical location.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Any business that may wish to discharge effluent to a stream.
b. Description of reporting and bookkeeping procedures required: Would be specified in a permit issued to the business depending on the type and amount of effluent discharged.
c. Description of processional skills required: Dependent on the size and type of business discharging effluent.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
February 20, 2002   Room 027, GEF #2,
Wednesday     101 South Webster Street
at 1:00 p.m.     Madison
February 21, 2002   Conference Room, DNR
Thursday     West Central Region Headquarters,
at 1:00 p.m.     1300 W. Clairemont Avenue,
    Eau Claire
March 4, 2002     Meeting Room
Monday     Appleton Public Library
at 1:00 p.m.     225 N. Oneida St.
    Appleton
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Laura Bub at (608) 261-4385 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no expected fiscal effect at the state or local level. The proposed amendments do not create additional regulatory workload beyond the requirements of the WPDES permit program.
Some stream classifications have become more restrictive and others less restrictive. This has resulted in cost expenditures at some facilities and cost savings at other facilities. It is important to stress that these revisions to chs. NR 102, 104, and 106 do not force any facilities to upgrade or make operational changes to meet limits that may be associated with an upgraded stream classification. These changes are to update ch. NR 104 with currently recognized and implemented stream classifications.
Written comments on the proposed rule may be submitted to Ms. Laura Bub, Bureau of Watershed Management, P.O. Box 7921, Madison, WI 53707 no later than March 15, 2002. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WI-11-02] and fiscal estimate may be obtained from Ms. Bub.
Notice of Proposed Rule
Transportation
[CR 02-003]
NOTICE IS HEREBY GIVEN that pursuant to the authority of ss. 110.075 (6), 194.38 (2), 194.43, 346.45 (4), and 227.11, Stats., interpreting ss. 110.07, 110.075, 194.38 and 194.43, Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Wisconsin Department of Transportation will adopt the following rule amending ch. Trans 325 and 326, relating to motor carrier safety regulations, without public hearing unless, within 30 days after publication of this notice February 1, 2002, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Questions about this rule may be addressed to Charles Teasdale, Division of State Patrol, Room 551, P. O. Box 7912, Madison, Wisconsin 53707-7912, telephone (608) 266-0305.
Analysis Prepared by the Wisconsin Department of Transportation
STATUTORY AUTHORITY: ss. 110.075 (6), 194.38 (2), 194.43 and 346.45 (4), Stats.
STATUTES INTERPRETED: ss. 110.07, 110.075, 194.38 and 194.43, Stats.
This rule making will amend two existing chapters to bring them into compliance with changes to the federal regulations which go into effect on June 1, 2002. These changes are as follows:
Chapter Trans 325 adopted motor carrier safety regulations of the United States Department of Transportation in effect on April 1, 2000. This amendment changes the date from April 1, 2000 to June 1, 2002. This change allows Wisconsin to enforce the most recent motor carrier safety regulations. All vehicles operating in interstate commerce are already subject, under federal law, to any changes that have been adopted between April 1, 2000 and June 1, 2002.
Chapter Trans 326 adopted motor carrier safety requirements for transportation of hazardous materials of the United States Department of Transportation in effect on April 1, 2000. This amendment changes the date from April 1, 2000 to June 1, 2002. This change allows Wisconsin to enforce the most recent version of the motor carrier safety requirements for transportation of hazardous materials. All vehicles operating in interstate and intrastate commerce are already subject under federal law to any changes that have been adopted between April 1, 2000 and June 1, 2002.
Text of Proposed 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 proposes to amend rules interpreting ss. 110.07, 110.075, 194.38 and 194.43, Stats., relating to motor carrier safety regulations.
SECTION 1. Trans 325.02 (intro.) and (8) are amended to read:
Trans 325.02 Federal rules adopted. The following federal motor carrier safety regulations adopted by the United States department of transportation and in effect on April 1, 2000 June 1, 2002, are adopted by the department and shall be enforced in relation to those carriers, drivers or vehicles to which these rules apply in the same manner as though the regulations were set out in full in this chapter:
(8) Every traffic officer and state patrol inspector employed under the authority of s. 110.07, Stats., is authorized to declare vehicles and drivers out-of-service in accordance with the 2000 2002 North American uniform out-of-service criteria.
SECTION 2. Trans 326.01 (intro.) and (8) are amended to read:
Trans 326.01 Federal rules adopted. The following federal motor carrier safety regulations adopted by the United States department of transportation and in effect on April 1, 2000 June 1, 2002, are adopted by the department and shall be enforced in relation to those carriers, drivers or vehicles to which these federal rules apply in the same manner as though the regulations were set out in full in this chapter:
(8) Every traffic officer and state patrol inspector employed under the authority of s. 110.07, Stats., is authorized to declare vehicles and drivers out-of-service in accordance with the 2000 2002 North American uniform out-of-service criteria.
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, vocational, technical and adult education district or sewerage district, or any federally-recognized tribes or bands.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Rule and Contact Person
Copies of this proposed rule can be obtained, without cost, by writing to Charles Teasdale, Division of State Patrol, 4802 Sheboygan Avenue, Room 551, P. O. Box 7912, Madison, WI 53707-7912, or by calling (608) 266-0305. Alternate formats of the proposed rule will be available to individuals upon request.
Notice of Hearing
Transportation
[CR 02-005]
NOTICE IS HEREBY GIVEN that pursuant to s. 343.14 (2) (f), Stats., and interpreting s. 343.14 (2) (f), Stats., the Department of Transportation will hold a public hearing in Room 115-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 15th day of February, 2002, at 10:00 a.m., to consider the amendment of ch. Trans 102, Wis. Adm. Code, relating to the issuance of driver's licenses and identification cards.
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 on February 15, 2002, 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 Phil Alioto, Department of Transportation, Division of Motor Vehicles, Room 255, Hill Farms State Transportation Building, Madison, WI 53707-7907.
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. 343.14 (2) (f), Stats.
Statute Interpreted: s. 343.14 (2) (f), Stats.
This rule amends s. Trans 102.15 (3) (a) 8. to require additional proof of identification documents from persons using a “parolee" or “refugee" version of the federal I-94 arrival departure record. The “parolee" or “refugee" version of the federal I-94 document is a standard I-94 document that is hand-stamped to indicate the possessor's parolee or refugee status. The document is not secure identification and can be easily forged.
Under the current regulation, such an I-94 document is accorded the same veracity as proof of identity as a passport or certified birth certificate. Refugees and parolees often leave their countries without passports or other identification documents, making it difficult for them to document their identities to the satisfaction of driver licensing agencies. The Department proposes to require persons having these types of I-94 documents as their sole source of identification to also provide the Department with a letter from their immigration sponsor and a copy of their Reception and Placement Program Assurance Form, which bears a photograph of the person. Applicants who are unable to provide a copy of this form may be issued an ID or driver license, but only after the U.S. Immigration and Naturalization Service verifies their identity, which can take up to 60 days.
These rules are proposed in response to the September 11, 2001, terrorist hijackings in the United States, and are intended to help uncover any possible terrorist attempting to obtain identification documents through the Wisconsin Department of Transportation. The Department expects it will need to make significant revisions to existing s. Trans 102.15, which specifies what documents the Department will accept for identification purposes when issuing driver licenses or identification documents. This rule making is intended to immediately interrupt the possible use of forged federal I-94 documents as identification documents. The Department has no evidence of past improper use of these documents by terrorists.
Officials have confirmed that 15 of the 19 suspected hijackers involved in the September 11, 2001, incidents obtained US visas in Saudi Arabia. Saudi officials have insisted that the men who obtained the visas likely engaged in identity theft, and that there is no way of knowing if they really were Saudi citizens. These men would not have entered the U.S. as “parolees" or “refugees" and this rule making would not have any effect on terrorists attempting to obtain Wisconsin identification documents with Saudi passports or other official entry documents.
On November 21, 2001, the New York Times reported that to support their terrorism, terrorists have committed crimes including skimming money from a charity for Muslim orphans in Albania and robbing an Italian diplomat's home in Jordan. They acquired or forged seals from universities, border guards and the Saudi Arabian Interior Ministry. According to the Times, these extremists used the Muslim pilgrimages to Islamic holy sites in Saudi Arabia as a cover for recruiting new members or passing cash from one member to another. They moved money around the globe to bail members out of jail in Algeria or Canada, and to finance applications for political asylum and thus implant terrorist cells in Western Europe. This rule change could interrupt the mechanism for terrorists who have applied for or received asylum in the United States to obtain Wisconsin identification documents.
Accordingly, this rule is proposed as a mechanism to avoid issuing identification documents to any terrorist who has applied for asylum in the United States.
Text of Proposed Rule
Under the authority vested in the state of Wisconsin, department of transportation, by s. 343.14 (2) (f), Stats., the department of transportation hereby proposes to amend a rule interpreting s. 343.14 (2) (f), Stats., relating to the issuance of driver's licenses and identification cards.
SECTION 1. Section Trans 102.15 (3) (a) 8. is amended to read:
Trans 102.15 (3) (a) 8. A federal I-94 “parole edition" or “refugees version" arrival-departure record, together with a certification, on the department's form, by the person, of the person's name and date of birth, a copy of a U.S. department of state refugee data center reception and placement program assurance form and a letter from the person's sponsoring agency on its letterhead, supporting the person's application for a Wisconsin ID or driver license and confirming the person's identification. Applicants who are unable to provide a reception and placement program assurance form may be issued a license, but only after their identification has been confirmed by the U.S. immigration and naturalization service;
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