Statute interpreted
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
N/A
Plain language analysis
2007 Wisconsin Act 20, the biennial budget bill, created a new competitive grant program under s.
115.28 (47), Stats., appropriating $250,000 annually for school districts, other than Milwaukee Public Schools, to employ additional school nurses or contract for additional nursing services.
Grants must be awarded based on greatest need such as the ratio of pupils to nurses, rate of chronic health problems among pupils, and number of pupils from low-income families. Recipients may not supplant existing nursing staff or services and must submit a report to the department describing how the school district used the money and its effectiveness in providing additional nursing services to pupils who need such services.
The proposed rule establishes criteria and procedures for awarding grants to eligible school districts.
Emergency rules were promulgated effective November 24, 2007, in order to establish application criteria and procedures in time for the program to operate in the second semester of the school year.
Comparison with federal regulations
N/A
Comparison with rules in adjacent states
Illinois, Iowa, Michigan, and Minnesota do not have rules relating to grants for nursing services.
Summary of factual data and analytical methodologies
The rules reflect statutory language. Because
2007 Wisconsin Act 20 creating this grant program became effective October 27, 2007, the rule established an application deadline of December 14 to expedite the awarding of funds in 2007-08. In subsequent years, applications will be due April 30 to coincide with application timelines established for other grants awarded by the department.
Analysis and supporting documents used to determine effect on small business
N/A
Initial Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Fiscal Estimate
Under s.
20.255 (2) (dL), Stats.,
2007 Wisconsin Act 20 appropriated $250,000 annually for the department to award nursing services grants to school districts (other than Milwaukee Public Schools) to employ additional school nurses or contract for additional nursing services.
The rule establishes criteria and procedures for awarding these program grants. The rules will have no fiscal effect on local governments or small businesses as defined in s.
227.114 (1) (a), Stats.
The costs associated with administering this grant program will be absorbed by the department.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
194.407(1) and
(3), Stats., as created by
2007 Wis. Act 20, interpreting s.
194.407, Stats., the Department of Transportation will hold a public hearing on
March 5, 2008 at the Hill Farms State Transportation Building,
Room 144-B, 4802 Sheboygan Avenue, Madison, WI, at
10:00 AM, to consider the creation of ch.
Trans 178, Wis. Adm. Code, relating to the Unified Carrier Registration system.
Parking for persons with disabilities and an accessible entrance are available.
Copy of Rule
A copy of the proposed rule may be obtained upon request from Carson Frazier, Wisconsin Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 255, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or e-mail:
carson.frazier@dot.state.wi.us.
Agency Contact Person and Submission of Written Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing, March 5, 2008, 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 Carson P. Frazier, Division of Motor Vehicles, P.O. Box 7911, Madison WI 53707-7911, by calling (608) 266-7857 or via e-mail at
carson.frazier@dot.state.wi.us.
To view the proposed rule, and submit written comments via e-mail/internet, you may visit the following website:
Analysis Prepared by the Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
194.407 of the statutes authorizes the Department to implement and administer a unified registration system for motor carriers consistent with
49 USC 13908 and
14504a, and to prescribe annual fees for that registration.
Related statute or rule
Plain language analysis
This chapter establishes in Wisconsin Administrative Code the fees to be charged under the Unified Carrier Registration (UCR) system, and establishes a method for counting the number of vehicles so that an entity knows whether it is required to register under UCR and, if so, which fee bracket applies to the entity.
Comparison with federal regulations
This proposed rule complies and is consistent with federal law and regulations pertaining to the Unified Carrier Registration system.
Comparison with rules in adjacent states
Michigan: There are no regulations pertaining to UCR, as of January 3, 2008.
Minnesota: Minnesota is not a participating state in the UCR program in 2007. There are no regulations pertaining to UCR, as of January 3, 2008.
Illinois: There are no regulations pertaining to UCR, as of January 3, 2008.
Iowa: There are no regulations pertaining to UCR, as of January 3, 2008.
Summary of factual data and analytical methodologies
This proposed rule is derived solely from federal law, federal regulation and Unified Carrier Registration Agreement, both of which are authorized by
49 USC 13908 and
14504a and implement those sections. If Wisconsin chooses not to participate in the UCR program, Wisconsin will forfeit revenues from carrier registration pursuant to federal law.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s.
227.114 (1) (a), Stats.
Small business regulatory review coordinator
Analysis and supporting documentation used to determine effect on small business
This proposed rule is derived solely from federal law, federal regulation, and Unified Carrier Registration Agreement. Any effect on small businesses is a result of federal law, federal regulation and the Unified Carrier Registration Agreement. The bill will affect some small businesses by requiring them to pay an annual registration fee based on the size of its truck fleet, with fees of $39 to $806 annually. These fees are established under federal law at
49 CFR 367.20 but may be revised annually by publication in the federal register. If Wisconsin does not charge these fees, small businesses that operate affected trucks and trailers outside this state will nevertheless be required to pay these same fees to other states.
Fiscal Estimate
This proposed rule is derived solely from federal law, federal regulation, and Unified Carrier Registration Agreement. Any 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 is a result of federal law, federal regulation and the Unified Carrier Registration Agreement. The Unified Carrier Registration Agreement authorizes states to exempt solely intra-state carriers and qualified school buses from the registration fee, and the Department has made registration and payment of the fees optional for those entities.
Anticipated costs incurred by private sector
This proposed rule is derived solely from federal law, federal regulation, and Unified Carrier Registration Agreement. Any cost incurred by the private sector is a result of federal law, federal regulation and the Unified Carrier Registration Agreement. Many parties subject to these fees are paying higher fees under the Single State Registration System (SSRS), which the Unified Carrier Registration fee replaces; they will see significant annual fee reductions. Numerous smaller motor carriers, motor private carriers, brokers, leasing companies, and freight forwarders are exempt from SSRS and are made subject to Unified Carrier Registration; they will be required to pay annual fees of $39-$806 or more depending upon their fleet size. The sum of fees collected by this state will be the same under Unified Carrier Registration as presently collected under SSRS. Under federal law, federal regulation, and the Unified Carrier Registration Agreement, the amounts of UCR registration fees is established so that the amount collected, in total, is the same as the total amount of fees that had been collected under the former SSRS program. More motor carriers are required to register and pay fees under UCR than were required to register and pay under the SSRS program. Therefore, some types of carriers may pay more (those newly subject to UCR) or less (those previously subject to SSRS) fees under UCR, but the sum of fees is the same.
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.147 (6),
103.005 (17), and
227.11 (2) (a), Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules affecting ch.
DWD 12, relating to Wisconsin Works temporary absence of a child and job access loans and affecting small businesses.
Hearing Information
February 21, 2008
Thursday
1:30 p.m.
|
MADISON
G.E.F. 1 Building, A415
201 E. Washington Avenue
|
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 regarding communication or accessibility 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.
Agency Contact Person
The agency contact for issues related to temporary absence of a child is Jude Morse, W-2 Policy Section, (608) 266-2784,
jude.morse@dwd.state.wi.us. The agency contact for issues related to job access loans is Rose Prochazka, W-2 Policy Section, (608) 267-7398,
rose.prochazka@dwd.state. wi.us.
Copy of Rule and Submission of Written Comments
An electronic copy of the proposed rules is available at
http://www.dwd.state.wi.us/dwd/hearings.htm. A copy of the proposed rules is also available at
http://adminrules. wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule or fiscal estimate by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written comments on the proposed rules received at the above address, email, or through the
http://adminrules.wisconsin.gov web site no later than February 22, 2008, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Workforce Development
Statutory authority
