NOTICE IS HEREBY GIVEN that pursuant to ss.
227.10,
341.405 (1) and
341.45 (5), Stats., and interpreting ss.
341.405 and
341.45, 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
13th day of February, 2004, at
10:00 AM, to consider the amendment of ch.
Trans 152, Wisconsin Administrative Code, relating to Wisconsin interstate fuel tax and international registration program.
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 the day of the hearing 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 Tim Galbraith, Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 151, P. O. Box 7955, Madison, WI 53707-7955.
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
General Summary of Proposed Rule
This rule making amends ch.
Trans 152, relating to Wisconsin Interstate Fuel Tax and International Registration Plan programs. The rule making clarifies Department policies regarding application requirements, business location, collections, and overdue billings. The rule making also reflects a statutory change in
1999 Wis. Act 145 that transfers appeals of certain determinations of the Department of Transportation from the Division of Hearings and Appeals to the Tax Appeals Commission.
The rule making clarifies terms of application requirements, including “established place of business," “reporting period," and “license." The rule codifies Department policy that an IRP, IFTA, or SSRS applicant's established place of business is in Wisconsin, and the documentation required to support the application. The rule also clarifies that the licensee is responsible to account for IFTA decals, and the penalty for failure to account.
The rule clarifies the Department's policy, including penalties and fees, when customers do not submit IFTA or IRP payments, or both, to the Department by the due date.
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, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis
The Department anticipates that this rule making will have no direct adverse effect on small businesses. This rule making establishes no additional compliance, bookkeeping, or reporting requirements for small businesses.
Copies of Rule and Contact Person
Copies of the proposed rule may be obtained upon request, without cost, by writing to Tim Galbraith, Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 151, P. O. Box 7955, Madison, WI 53707-7955, or by calling (608) 261-2573. 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.
Notice of Hearing
Workforce Development
(Public Works Construction)
NOTICE IS HEREBY GIVEN that pursuant to sections
66.0903 (5),
103.49 (3g),
779.14 (1s), and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider the amendment of rules relating to the adjustment of thresholds for application of prevailing wage rates and payment and performance assurance requirements.
Hearing Information
Thursday, February 19, 2004
1:30 p.m.
GEF 1 Building, Room B103
201 E. Washington Avenue
Madison
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
Adjustment of thresholds for application of prevailing wage rates. The state prevailing wage laws require that when a state agency or local governmental unit contracts for the construction of a public works project it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with those wage rates. Under current law, the state prevailing wage rate laws do not apply to any single-trade public works project for which the estimated cost is below $37,000, and do not apply to any multi-trade public works project for which the estimated cost is below $180,000.
Pursuant to ss.
66.0903 (5) and
103.49 (3g), Stats., and s.
DWD 290.15, the department is required to adjust the dollar amounts of the thresholds each year in proportion to any change in construction costs since the thresholds were last determined. The threshold adjustment is based on changes in the construction cost index published in the
Engineering News-Record, a national construction trade publication. This rule adjusts the thresholds from $37,000 to $38,000 for single-trade projects and from $180,000 to $186,000 for multi-trade projects based on a 3.33% increase in the construction cost index between December 2002 and December 2003.
Adjustment of thresholds for payment and performance assurance requirements.
Section
779.14, Stats., sets payment and performance assurance requirements that apply to contracts for the performance of labor or furnishing of materials for a public improvement project or public work. Section
779.14 (1s), Stats., requires the department to adjust the thresholds for various requirements in proportion to any change in construction costs since the last adjustment if the adjustment would not be less than 5%. The last adjustment was effective in January 2002 based on figures from December 2001. The thresholds are adjusted to reflect a 6.13% increase in the construction cost index from December 2001 to December 2003. These adjustments are also based on changes in the construction cost index as published in the
Engineering News-Record and are rounded to the nearest thousand.
Initial Regulatory Flexibility Analysis
The proposed rules do not affect small business as defined in s.
227.14, Stats.
Fiscal Impact
The proposed rules provide that a state agency or local governmental unit contracting for the construction of a single-trade public works project that costs more than $37,000 but less than $38,000 or a multi-trade project that costs more than $180,000 but less than $186,000 will not covered by the prevailing wage requirement.
Contact Information
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
201 E. Washington Avenue
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written Comments
Written comments on the proposed rules received at the above address no later than February 20, 2004, will be given the same consideration as testimony presented at the hearing.
