This statement of scope was approved by the Governor on July 25, 2013.
Rule No.
Relating to
Size and weight of vehicles and vehicle combinations.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to bring ch.
Trans 276 into compliance with Wisconsin Statutes. First, the proposed rule seeks to conform s.
Trans 276.05 (2) to
(3) to s.
348.07 (4), Stats., by removing the outdated reference to “5-mile access routes." Second, the proposed rule seeks to conform ch.
Trans 276 to ss.
348.07 (1) and
348.08 (1) (a), Stats., by repealing s.
Trans 276.06 in its entirety. These removals will clarify changes made to s.
348.07 (1), Stats., as a result of
2011 Wisconsin Act 54, and to s.
348.08 (1) (a), Stats., as a result of
2011 Wisconsin Act 243.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Sections
Trans 276.05 (2) and
276.05 (3) specify that certain specified vehicles may not travel more than 5 miles on access routes to and from designated highways. These 2 sections of the rule are inconsistent with s.
348.07 (4), Stats., which specifies the distance as “15-miles." The distance these specified vehicles may travel on access routes to and from designated highways may change in the future and should not appear in both the rule and statute. Therefore, the references to specific distance in s.
Trans 276.05 (2) to
(3) should be removed.
Section
Trans 276.06 specifies the maximum overall length for vehicles operating in double or triple saddlemount without a permit as 75 feet or less. This rule has been made obsolete by s.
348.08 (1) (a), Stats., as amended by
2011 Wisconsin Act 243. Previously, s.
348.08 (1) (a), Stats., only permitted vehicles to operate in double or triple saddlemount without a permit if they were 65 feet or less in overall length. As a result of
2011 Wisconsin Act 243, s.
348.08 (1) (a), Stats., now specifies the distance as 75 feet or less. Since both the statute and the rule specify maximum overall length as 75 feet, this section of the rule is unnecessary and should be repealed.
Section
Trans 276.06 also specifies the maximum overall length for a motor bus to operate without a permit as 45 feet or less. This rule has been made obsolete by s.
348.07 (1), Stats., as amended by
2011 Wisconsin Act 54. Previously, s.
348.07 (1), Stats., only permitted a motor bus to operate without a permit if they were 40 feet or less in overall length. As a result of
2011 Wisconsin Act 54, s.
348.07 (1), Stats., now specifies the distance as 45 feet or less. Since both the statute and the rule specify maximum overall length as 45 feet, this section of the rule is unnecessary and should be repealed.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Under s.
85.16, Stats., WisDOT has the authority to make reasonable and uniform rules for the discharge of its powers, duties and functions. Section
227.11 (2), Stats., identifies areas where rule-making authority is expressly conferred upon agencies, including where necessary to effectuate the purpose of the statute.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
40 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
None. The proposed changes will amend language in ch.
Trans 276 that is obsolete as a result of conflicts with recent statutory changes. The proposed changes will also clarify the law as it already exists.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no existing or proposed federal regulations that are intended to address the activities to be regulated by the proposed rule changes.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Implementation of the proposed changes is not anticipated to have any economic impact on small businesses.
9. Contact Person
Reed McGinn, Legislative Liaison, Division of Motor Vehicles, Wisconsin Department of Transportation, (608) 266-7857.
Workforce Development
This statement of scope was approved by the Governor on August 1, 2013.
Rule No.
Relating to
Unemployment Insurance Work Registration, Work Search and Benefit Claiming Procedures.
Rule Type
Permanent.
1. Detailed Description of the Objective of the Proposed Rule
The proposed rule will amend and update current rules related to the UI program by disqualifying claimants who are not actively seeking work and reducing the amount of time that claimants collect UI benefits. The amendments to the rules will ensure that those receiving UI benefits are engaging in activities that an unemployed person who wants to work would perform. The amendments will enhance the department's ability to guarantee that claimants perform those activities directed by the department to assist claimants in becoming reemployed and prescribe methods by which claimants will be notified of requirements with respect to benefit eligibility.
• Section
108.04 (2) (a) 3., Stats., as amended by
2013 Wis. Act 20, requires weekly work search activities for a UI Benefit claimant be increased from 2 to at least 4 searches per week, and some claimants may be required to conduct more than 4 work searches per week.
• Section
108.04 (15), Stats., created by
2013 Wis. Act 36 authorizes the department to request information from UI benefit claimants related to work search efforts.
• Section
108.04 (2) (a) 4., Stats., as created by
2013 Wis. Act 36, authorizes the department to request information from UI benefit claimants related to work search efforts.
2. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
UI benefits provide a temporary safety net for employees who are out of work through no fault of their own until they secure additional employment. Section
108.04 (2), Stats., provides that an otherwise qualified claimant is eligible for UI benefits in any given week if the individual is able and available to work during that week, has registered for work, and the individual conducts a reasonable search for suitable work.
2013 Wisconsin Act 20 provided changes to these qualification requirements. First,
2013 Wisconsin Act 20 provides that an individual's registration for work must be done as directed by the department. Second,
2013 Wisconsin Act 20 increased the number of weekly work search actions a claimant must conduct from two to at least four, unless the department waives the work search requirement. Third,
2013 Wisconsin Act 20 specified that the department must adopt rules to prescribe when it may require a claimant to conduct more than four work search actions in a week. Finally, as the department enhances its focus on assisting claimants to become reemployed, the administrative rules must authorize the department to be able to provide claimants with notifications through email and other modern technological means.
The amendments to the administrative rules will make the rules consistent with the newly enacted legislation and will clarify and narrow the exemptions available to a claimant who is required to conduct work searches. These rule changes will strengthen the requirements for unemployed individuals to actively seek employment and thereby improve their employment prospects and align the job search requirements with the underlying goal of the UI program.
Currently, the department may require claimants to participate in a public employment office workshop which offers instruction in improving the claimant's skills for finding and obtaining employment. The amendments to the rules will enable the department to identify additional services it may provide claimants to become more quickly employed and potentially require claimants to attend training services to enhance their job prospects.
Finally, as required by
2013 Wisconsin Act 20, the amendments will provide criteria as to when the department may require a claimant to conduct more than four weekly work search actions.
The policy alternative of doing nothing is not acceptable, because, if the department fails to adopt amendments to the rules related to work search activities, the administrative rules will be inconsistent with state statutes. In addition, without updating the rules, the department will be deterred from verifying that claimants are actively seeking work. Moreover, it may encourage some claimants to remain unemployed and to continue to collect unemployment benefits rather than obtain employment.
3. Detailed Explanation of Statutory Authority for the Rule, Including the Statutory Citation and Language
Section
108.04 (2) (b), Stats., provides: “The requirements for registration for work and search for work shall be prescribed by rule of the department, and the department may by general rule waive these requirements under certain stated conditions."
In addition, s.
108.14 (2), Stats., provides in part: “The department may adopt and enforce all rules which it finds necessary or suitable to carry out this chapter."
Other statutory authority includes:
Section
108.03, Wis. Stats. Payment of benefits — authority to prescribe conditions.
Section
108.04, Wis. Stats. Eligibility for benefits — authority to adopt rules on the requirement for work searches.
Section
108.08, Wis. Stats. Notification of unemployment.
Section
108.09, Wis. Stats. Settlement of benefit claims — authority to adopt rules on filing claims.
4. Estimate of Amount of Time that State Employees Will Spend Developing the Rule, and Other Resources Necessary to Develop the Rule
The total amount of staff time is estimated to be 480 hours.
5. List with Description of all Entities that may be Affected by the Proposed Rule
These rules will impact all individuals who qualify for UI benefits. The rules will also impact businesses in two aspects. First, the rule changes are projected to cause more unemployed individuals who are collecting benefits to find employment. As a result, unemployed individuals will be collecting lower amounts of UI benefits and there will be fewer charges to employers' UI accounts. This will result in employers having to pay lower amounts of unemployment tax. Second, more unemployed individuals will seek employment. As a result, there are likely to be more job applications for employers to review when employers are seeking to hire individuals.
6. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Federal law states individuals must be registered for work and must be available and actively seeking work to be eligible for regular unemployment compensation. In addition, federal law requires claimants to participate in reemployment services to which they have been referred as a condition of UI eligibility. These rules will clarify what are the required work search activities a claimant must conduct and strengthen the ability of the department to monitor the claimants' efforts to obtain employment and require them to participate in reemployment services.
7. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have an Economic Impact on Small Businesses)
These rules will have a positive economic impact. The increase in the requirement for work search activities and work registration will likely decrease charges to the UI trust fund due to individuals obtaining employment sooner or becoming disqualified for not actively seeking work. This will have a positive economic impact on employers, due to fewer charges to employers' UI accounts.
Contact Person
