Federal Amendment 192-90, relating to qualification of pipeline personnel corrections. This rule took effect on August 20, 2001.
Federal Amendment 193-17, relating to incorporation of standard NFPA 59A in the liquefied natural gas regulations. This rule took effect March 31, 2000.
In this proceeding, the Commission will consider rule revisions designed to codify for state purposes these recently-enacted federal changes. The Commission may also consider revisions to its additions to the pipeline safety provisions. Currently, the Commission has promulgated several additions to the code. These additions are permitted under the federal agreement, as long as the additions do not adversely impact the federal requirements.
Statutory authority
Staff time required
The Commission estimates that fewer than 200 hours of employee time will be required to develop the rules. No additional resources are likely to be needed in order to complete this project.
Revenue
Subject
Sections
Tax 6.40,
11.11 and
12.40 - Relating to application procedures for property tax exemptions for waste treatment facilities.
Objectives of the Rule. To comply with the changes made to s.
70.11 (21), Stats., that eliminate the exemption application requirement for waste treatment property taxed under chapter 70 and to update statutory cross-references.
Policy analysis
Section
Tax 12.40 (2) specifies the application and approval process for the industrial waste treatment property tax exemption. Sections
Tax 11.11 (2) and
(5) (c) specify that industrial waste treatment property qualifies for sales and use tax exemptions if it has been approved as exempt from the property tax.
Under
2001 Wis. Act 16, owners of industrial waste treatment facilities will no longer be required to apply to the Department of Revenue (DOR) for property tax exemptions; the application process would continue to be required for property taxed under ch.
76, Stats. This change requires that ss.
Tax 12.40 and
Tax 11.11 be amended to eliminate reference to the DOR approval process for industrial property taxed under ch.
70, Stats.
Renumbering of the statutes in
1995 Act 227 and
1997 Act 35 and a change of address necessitate an update to s.
Tax 6.40 which guides the exemption for waste treatment facilities owned by public utilities.
No new policies are being proposed other than to reflect changes made in
1995 Act 227,
1997 Act 35 and
2001 Wis. Act 16. The standards and uses required for the property and the sales and use tax exemptions for industrial waste treatment property are unchanged.
Statutory authority
Staff time required
The department estimates it will take approximately 80 hours to develop this rule order.
Transportation
Subject
Objective of the rule. This rule making proposes to amend s.
Trans 102.15 (3) (a) 8. to require additional proof of identification documents from person using a “parolee" or “refugee" version of the federal I-94 arrival departure record. The “parolee" or “refugee" version of the federal I-94 document is a standard I-94 document that is hand-stamped to indicate the possessor's parolee or refugee status. The document is not secure identification and can be easily forged.
Policy analysis
Under the current regulation, such an I-94 document is accorded the same veracity as proof of identity as a passport or certified birth certificate. Refugees and parolees often leave their countries without passports or other identification documents, making it difficult for them to document their identities to the satisfaction of driver licensing agencies. The Department proposes to require persons having these types of I-94 documents as their sole source of identification to also provide the Department with a letter from their immigration sponsor and a copy of their Reception and Replacement Program Assurance Form, which bears a photograph of the person. Applicants who are unable to provide a copy of this form may be issued an ID or driver license, but only after the U.S. Immigration and Naturalization Service verifies their identity, which can take up to 60 days.
These rules are proposed in response to the September 11, 2001, terrorist hijackings in the United States, and are intended to help uncover any possible terrorist attempting to obtain identification documents through the Wisconsin Department of Transportation.
Statutory authority
Staff time required
50 hours.
Transportation
Subject
Objective of the rule. This rule making will amend ch.
Trans 201, relating to outdoor advertising sign control, to address the broad range of issues related to signs controlled under the Highway Beautification Act and Wisconsin sign control law. The changes will address topics that have led to confusion and misunderstandings, appeals of Departmental decisions, and concern about the effectiveness of the program to achieve its objectives. The broad based amendment will include a comprehensive view of the rule to deal with the rule structure, inconsistencies and clarity.
Policy analysis
The existing rule establishes requirements and limitations for signs to carry out the federal and state law. Criteria established are in need of clarification to aid in the administration of the program. The clarification is needed to assist those that may be seeking a sign to understand the requirements, as well as be useful in reducing the likelihood of appeals based on differing interpretations of the current law or rule. Much of the rule has remained unchanged for nearly 20 years, and changes are needed to reflect experience with the rule and current drafting standards. Policy issues to be addressed include, but are not limited to: directional sign criteria; nonconforming signs; co-location of signs for on-premise activities; seasonal and temporary signs; fees; and electronic signs.
Statutory authority
Staff time required
Approximately 1000 hours, which represents the collective time anticipated to be spent by the Outdoor Advertising Program Coordinator, district sign coordinators, the Office of General Counsel, and the Bureau Director of the Highway Operations.
Transportation
Subject
Objective of the rule. This rule making will explain and clarify motor carrier weighing procedures at permanent weighing facilities operated by the Department of Transportation, Division of State Patrol (DSP) and private scales.
Policy analysis
Chapter
Trans 276, relating to size and weight of vehicles and vehicle combinations, identifies and designates highways where overlength vehicles and combinations of vehicles can be operated and clarifies state and federal rules affecting the weight, width and length of vehicles and combinations of vehicles and the number of vehicles in combination.
The proposed amendment to ch.
Trans 276 will explain and clarify weighing procedures referenced in s.
348.15 (5), Stats., as being “performed in accordance with and under conditions accepted as good weighing technique and practice" by incorporating the weighing techniques identified in the DSP “Weight Enforcement Manual." These techniques are currently incorporated into DSP motor carrier weighing procedures and are taught by the Wisconsin State Patrol Academy to State Patrol and non-State Patrol law enforcement officers who also enforce motor carrier weight limitations specified in Wisconsin statutes and federal rules.
Statutory authority
Sections. 85.16 (1) and 227.11 (2) (a), Stats.
The statues to be interpreted by this rule making are ss.
348.01 (2) (am) and
348.15 (5), Stats., relating to weighing motor carriers and general terms of enforcement of weight limitations for motor carriers.
Staff time required
100 hours.
