Rule-Making Notices (Hearing Notices)

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 [phone] or e-mail: [e-mail].

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 [phone] or via e-mail at [e-mail].

To view the proposed rule, and submit written comments via e-mail/internet, you may visit the following website:

http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.

Analysis Prepared by the Department of Transportation

Statutes interpreted

Section 194.407, Stats., as created by 2007 Wis. Act 20

Statutory authority

Section 194.407 (1) and (3), Stats., as created by 2007 Wis. Act 20

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

Section 194.407, Stats., 49 USC 13908 and 14504a, 49 CFR 367.

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

The Department's Regulatory Review Coordinator may be contacted by e-mail at [e-mail], or by calling [phone].

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

CR 08-004

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 [phone] 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, [phone], [e-mail]. The agency contact for issues related to job access loans is Rose Prochazka, W-2 Policy Section, [phone], [e-mail]. 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

[phone]

[e-mail]

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

Sections 49.147 (6) (b), 103.005 (17), and 227.11, Stats.

Statutes interpreted

Sections 49.147 and 49.145 (2) (a), Stats.

Related statute or rule

42 USC 608 (10)

Explanation of agency authority

Section 49.147 (6) (a), Stats., provides that an individual is eligible to receive a job access loan if, in addition to meeting Wisconsin Works (W-2) eligibility requirements, all of the following conditions are met: (1) the individual needs the loan to address an immediate and discrete financial crisis; (2) the individual needs the loan to obtain or continue employment, including a loan needed to repair or purchase a vehicle that is needed to obtain or continue employment; (3) the individual is not in default on any previous job access loan or repayment of any W-2 overpayments; and (4) the individual is not a migrant worker. Section 49.147 (6) (b), Stats., directs the department to promulgate rules establishing the terms of any job access loan, including: (1) the maximum and minimum loan amounts in any 12-month period; (2) the method of loan disbursement; and (3) the terms and conditions of repayment.

Section 49.145 (2), Stats., provides that an individual is eligible for a W-2 employment position and a job access loan in a month only if all nonfinancial eligibility requirements are met, including the requirement under par. (a) that the individual is a custodial parent.

Section 103.005 (17), Stats., provides that the department shall administer those programs of public assistance that are specified in subch. III of ch. 49.

Summary of the proposed rule

The proposed rules will make changes to the Wisconsin Works program affecting (1) temporary absence of the child from the home due to child welfare issues; and (2) job access loans.

Under the current s. DWD 12.10, a dependent child may be absent from the custodial parent's home but still be considered under the care of the custodial parent if: (a) the dependent child will not be or has not been continuously absent for more than 3 months and the child is expected to return to the custodial parent's home; (b) the absence is not the result of removal of a child under a dispositional order issued under s. 48.355, Stats., which places custody of a child outside the home for an indefinite period or a period of 3 months or more; and (c) the custodial parent continues to exercise responsibility for the care and control of the child.

The proposed rules will allow a dependent child to be absent from the custodial parent's home due to child welfare issues but still be considered under the care of the custodial parent if the W-2 agency, in consultation with the child welfare agency, determines that there is substantial compliance with the following 9 conditions:

•   The child welfare agency confirms the child was removed from the home due to child welfare issues.

•   The parent maintains an appropriate home for the child.

•   The permanency plan under s. 48.38 (1) (b), Stats., states that the child is expected to be reunified with the parent in the parent's household within 6 months of the initial day of the child's temporary absence from the home.

•   The child's out-of-home placement type is consistent with reuniting the child with the parent in the parent's household within 6 months of the initial day of the child's temporary absence from the home.

•   The child's absence is not the result of removing the child under a dispositional order under s. 48.355, Stats., which places the child outside the home indefinitely or for longer than 6 months.

•   The custodial parent continues to exercise responsibility for the care and control of the child while the child is placed out of the home.

•   The custodial parent is cooperating with the W-2 agency.

•   The custodial parent is participating in and satisfactorily completing employability plan activities and any other requirements of the W-2 agency.

•   The custodial parent is cooperating with child welfare agency activities required for reunification with the child.

A custodial parent of a dependent child who fails to notify the W-2 agency of the absence of the dependent child from the home due to child welfare issues by the end of the 5-day period that begins with the date that that the parent knows that the child is absent from the home is not eligible for W-2. The W-2 agency shall accept a report of a child's temporary absence from the home by the child welfare agency as a report from the parent and shall inform the parent of the child welfare agency's report.

The current rules on job access loans provides that W-2 agencies shall issue a job access loan to an eligible individual in an amount not less than $25 and not more than $1,600 in any 12-month period. The maximum allowable amount for all loans and the maximum outstanding balance for each individual receiving a job access loan is $1,600.

The proposed rules will increase the maximum allowable job access loan amount in any 12-month period and the maximum outstanding balance for each individual receiving a job access loan to $2,500 if the loan will be used to purchase a vehicle that is needed to obtain or continue employment. The maximum loan amount and outstanding balance will remain at $1,600 in all other cases.

Summary of factual data and analytical methodologies

A longer W-2 eligibility period when the child is absent from the home due to child welfare issues will support service integration between the W-2 and child welfare programs and help stabilize and support families for reunification with their children.

A $2,500 maximum job access loan rather than a $1,600 maximum job access loan is closer to the amount necessary to obtain a vehicle that will be reliable for commuting to work.

Comparison with federal regulations

42 USC 608 (10) requires denial of assistance for a minor child who has been, or is expected by a parent to be absent from the home for a period of 45 consecutive days, or at the option of the State., such period of not less than 30 and not more than 180 consecutive days as the State may provide for the State plan. The State may establish good cause exceptions to this provision as it considers appropriate if the exceptions are provided for in the State plan.