Agency contact person
Please contact Frank Humphrey at (608) 261-5364 or
fhumphre@dor.state.wi.us, with any questions regarding this proposed rule order.
Place where comments are to be submitted and deadline for submission: Comments are to be sent to the attention of the above-listed contact person at Department of Revenue, Mail Stop 6-97, 2135 Rimrock Road, P.O. Box 8971, Madison, WI 53708-8971. Comments must be submitted by June 2, 2005.
Text of Rule
Section 1: Tax 18.07 (1) (b) 6. and 7. and (1) (c) 7. are created to read as follows:
18.07 (1) (b) 6. To avoid negative use values in 2005, the 2005 average gross income per acre for each category of agricultural land shall be calculated as described in subd. 2, except that each category's 5-year average yield per acre shall be based on yield data from 1996 to 2000, and the 5-year average market price per unit of output shall be based on market price data from 1996 to 2000.
7. To avoid negative use values in 2005, the 2005 average total cost of production per acre for each category of agricultural land shall be calculated as described in subd. 3, except that the 5-year average cost of production per acre shall be based on cost data from 1996 to 2000.
18.07 (1) (c) 7. To avoid negative use values in 2005, the 2005 capitalization rate for each municipality shall be calculated as described in subd. 5, except the statewide moving average rate, as described in subd. 4, shall be based on data from 1998 to 2002, and the net tax rate for each municipality shall be based on 2001 taxes, payable 2002.
Initial Regulatory Flexibility Analysis
The proposed rule will have no adverse impact on small businesses.
Hearing Information
The hearing will be held at 9:00 A.M. on Thursday, May 26, 2005, in the Events Room (1st floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, Wisconsin.
Handicap access is available at the hearing location.
Comments on the Rule
Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person shown below no later than June 2, 2005, and will be given the same consideration as testimony presented at the hearing.
Contact Person
Frank Humphrey
Department of Revenue
Mail Stop 6-97
2135 Rimrock Road
P.O. Box 8971
Madison, WI 53708-8971
Telephone (608) 261-5364
E-mail fhumphre @dor.state.wi.us
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
343.10, Stats., and interpreting s.
343.10, Stats., the Department of Transportation will hold a public hearing in
Room 394 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
26th day of May, 2005, at
1:00 PM, to consider the amendment of ch.
Trans 117, Wisconsin Administrative Code, relating to CDL occupational licenses.
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 on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted: s.
343.10, Stats.
Statutory authority: s.
343.10, Stats.
Explanation of agency authority: The Department is authorized to issue occupational licenses under s.
343.10, Stats., to allow a person whose operating privileges are suspended or revoked to engage in an occupation, homemaking or study. Only licenses revoked under Chapter
343, ss.
767.303,
938.34 (14q),
943.21 (3m) or
961.50, Stats., are eligible for an occupational license.
Plain Language Analysis: This proposed rules modifies ch.
Trans 117, relating to occupational licenses. The Motor Carrier Safety Improvement Act of 1999 (MCSIA) forbids states from knowingly issuing a temporary license permitting a person to drive a commercial motor vehicle (CMV) while their driving privileges are revoked, suspended or cancelled, per CFR 384.210. Following federal requirements, the legislature eliminated statutory authority for CDL occupational licenses, effective September 30, 2005, by amendment to s.
343.10 (2) (c), Stats.,
2003 Wis. Act 33. These amendments to ch.
Trans 117 as required by the statutory change, remove all of the references to commercial occupational driver's licenses in the Department's occupational licensing rule.
References to s.
346.65 (6), Stats., throughout the chapter are no longer correct. The language allowing the courts authority to order an ignition interlock device is now found in s.
343.301 (1), Stats. The relevant provisions of ch.
Trans 117 are proposed to be amended accordingly. The rule also makes clear that any statutorily-mandated restriction will be imposed on any occupational license.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: As of September 30, 2005, federal law prohibits states from issuing an occupational license to operate a commercial motor vehicle. (
49 CFR 384.210)
2003 Wis. Act 33 and this rule making bring Wisconsin into compliance with that requirement.
Comparison with Rules in Adjacent States: As of September 30, 2005 all states are prohibited from issuing an occupational license to operate a commercial motor vehicle. (
49 CFR 384.210). This includes all adjacent states. Thus, Wisconsin law will be identical to all other states on this point. No state will issue CDL occupational licenses.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: The Department will not issue occupational licenses to operate a commercial motor vehicle after September 30, 2005 (s.
343.10 (2) (c), as amended by
2003 Wis. Act 33). Failure to comply would result in the loss of federal highway funding.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: This proposed rule could impact small businesses that employ commercial drivers. Any commercial driver who loses his or her driving privileges may be eligible for a Class D occupational license, however, they will not be able operate a commercial motor vehicle. In 2004, the Department issued 1,088 occupational licenses for commercial drivers. None of these drivers can be issued or hold an occupational license after September 30, 2005.
If a driver cannot operate a commercial motor vehicle, and it is part of their job duties to do so, the employee must be reassigned to duties that do not require the operation of a commercial motor vehicle. As an alternative, the small business may choose to terminate the employee for being unable to perform his or her job duties and hire someone else with a valid commercial driver's license.
The Department will enforce the rule by not issuing occupational licenses to operate commercial motor vehicles after September 30, 2005.
Fiscal Effect and Anticipated Costs Incurred by Private Sector: Small businesses might be adversely affected if the number of qualified, available drivers under MCSIA is reduced. Employers may find that they have to pay drivers a premium wage in order to continue to provide their current level of service.
The National Compensation Survey of Milwaukee-Racine, conducted in October 2003, found that transportation and material moving employees (includes truck drivers and industrial truck and tractor equipment operators) earned an average of $18.00 per hour. If 10% premium were applied to retain qualified, available drivers under MCSIA, this would cost a small business an additional $3744 per year. $18.00 * 10% = $1.80 * 2080 hours = $3744
The predicted fiscal impacts of the federal regulation, which imposed these new requirements upon states, were published in the Federal Register at Volume 67, No. 147, July 31, 2002, p. 49472. This federal register is available online at:
Place Where Comments are to be Submitted and Deadline for Submission: 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 comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Erin Egan, Department of Transportation, Division of Motor Vehicles, Bureau of Driver Services, Room 351 Hill Farms, P.O. Box 7920, Madison WI 53707-7920. You may also contact Ms. Egan by phone at (608) 266-1449.
