Statutory authority
Staff time required
50 hours and no other resources are necessary.
Comparison with federal requirements
None.
Entities affected by the rule
Health insurers authorized to offer small employer group health insurance.
Revenue
Subject
S.
Tax 2.50, relating to the apportionment of net business income of interstate public utilities.
Policy analysis
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect law changes. If the rules are not changed, they will be incorrect in that they will not reflect current law or current Department policy.
Entities affected by the rule
Certain public utilities that are engaged in business both in and outside of Wisconsin. This includes water, gas, electric, and telecommunications companies. Also affected will be entities that prepare Wisconsin franchise or income tax returns for these companies.
Comparison with federal requirements
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Objective of the rule. The objective of the proposed rule is to reflect the following law changes relating to the apportionment of income by interstate public utilities:
Effective for taxable years beginning on or after January 1, 2006, certain public utilities begin a phase-in of single sale factor apportionment. This includes water, gas, and electric companies.
Effective for taxable years beginning on or after January 1, 2005, the sourcing of sales of services for purposes of the apportionment factor is changed.
Statutory authority
227.11 (2) (a), Stats.
Staff time required
The department estimates it will take approximately 400 hours to develop this rule order.
Transportation
Subject
Objective of the rule. This proposal will amend ch.
Trans 276, which establishes a network of highways on which long combination vehicles may operate, by adding one highway segment to the network. The actual segment being proposed is the Chippewa Falls STH 29 bypass. In addition, a short segment of old highway 29 between the Seymour Cray Sr. Blvd. Interchange on the new bypass and STH 124 will retain its long truck route designation.
Policy analysis
Wisconsin state law requires that the Department use the administrative rule process to make changes to the long truck route network. Chapter
Trans 276 is an existing rule set up for long truck routes.
The Department has constructed a bypass around Chippewa Falls for STH 29. Under current administrative rules, long trucks traveling between I-94 in Elk Mound and Green Bay are required to exit STH 29 at the edges of Chippewa falls and use STH 124 and STH 53 to detour around portions of STH 29 in Chippewa Falls that cannot accommodate long trucks. This rule making will remove the current requirement that trucks exit STH 29 at the Highway 53 and 124 highway intersections and permit them to use the bypass.
In addition, a short segment of what will become old highway 29 (or be renamed by local authorities) between STH 124 and the Seymour Cray Sr. Blvd. Interchange with the new STH 29 bypass on the east side of Chippewa Falls will retain its long truck route designation. This is to provide a means of connection between STH 29 and STH 124 for long trucks. (There is no STH 29 – STH 124 interchange).
Comparison with federal requirements
In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:
• No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.
• No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.
• No state may limit the length of truck tractors.
• No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.
• No state shall prohibit operation of truck tractor-semitrailer-trailer combinations.
The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted
23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In
1983 Wisconsin Act 78, the legislature enacted §
348.07 (4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.
The Department of Transportation first adopted ch.
Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with
23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in
23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in §
348.07 (4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 5 miles from a designated route. A process to review and respond to requests for reasonable access is required by
23 CFR Part 658.
Entities affected by the rule
The rule will affect all “long trucks" operated along STH 29 as it bypasses the city of Chippewa Falls, Wisconsin, and any “long trucks" operated between STH 124 and STH 29.
Statutory authority
Staff time required
It is estimated that state employees will spend 40 hours on the rule-making process, including research, drafting and conducting a public hearing.
