NOTICE IS HEREBY GIVEN that pursuant to ss. 85.16 (1) and 348.07 (4), Stats., interpreting s. 348.07 (4), Stats., the Department of Transportation will hold a public hearing at the following location to consider the amendment of ch. Trans 276, Wis. Adm. Code, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways:

Tuesday, May 15, 2001

Hill Farms State Transportation Building

4802 Sheboygan Avenue

Room 419

Madison, WI

10:00 AM

(Parking is available for persons with disabilities)

The public record on this proposed rule making will be held open until close of business on the date of the hearing to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such written comments should be submitted to Ashwani K. Sharma, Traffic Operations Engineer, Bureau of Highway Operations, Room 501, P. O. Box 7986, Madison, Wisconsin, 53707-7986.

Statutory authority: ss. 85.16(1) and 348.07(4).

Statute interpreted: s. 348.07(4).

This proposed rule amends Trans 276.07(10), Wisconsin Administrative Code, to add one segment of highway to the designated highway system established under s. 348.07(4), Stats. The actual highway segment that this proposed rule adds to the designated highway system is:

Hwy.   From To

STH 48   STH 53 in Rice Lake STH 40

The proposed rule text often achieves these objectives by consolidating individual segments into continuous segments with new end points. In order to determine the actual highway segment added, it is necessary to compare the combined old designations with the combined new designation.

The long trucks to which this proposed rule applies are those with 53-foot semitrailers, double bottoms and the vehicles which may legally operate on the federal National Network, but which exceed Wisconsin's regular limits on overall length. Generally, no person may operate any of the following vehicles on Wisconsin's highways without a permit: A single vehicle with an overall length in excess of 40 feet, a combination of vehicles with an overall length in excess of 65 feet, a semitrailer longer than 48 feet, an automobile haulaway longer than 66 feet plus allowed overhangs, or a double bottom. Certain exceptions are provided under s. 348.07(2), Stats., which implements provisions of the federal Surface Transportation Assistance Act in Wisconsin.

45-foot buses are allowed on the National Network and Interstate system by Federal law. Section 4006 (b) of the Intermodal surface Transportation Efficiency Act of 1991.

The effect of this proposed rule will be to extend the provisions of ss. 348.07 (2) (f), (fm), (gm) and (gr), and 348.08 (1) (e), Stats., to the highway segments listed above. As a result, vehicles which may legally operate on the federal National Network in Wisconsin will also be allowed to operate on the newly-designated highways. Specifically, this means there will be no overall length limitation for a tractor-semitrailer combination, a double bottom or an automobile haulaway on the affected highway segments. There also will be no length limitation for a truck tractor or road tractor when operated in a tractor-semitrailer combination or as part of a double bottom or an automobile haulaway. Double bottoms will be allowed to operate on the affected highway segments provided neither trailer is longer than 28 feet, 6 inches. Semitrailers up to 53 feet long may also be operated on these highway segments provided the kingpin to rear axle distance does not exceed 43 feet. This distance is measured from the kingpin to the center of the rear axle or, if the semitrailer has a tandem axle, to a point midway between the first and last axles of the tandem. Otherwise, semitrailers, including semitrailers which are part of an automobile haulaway, are limited to 48 feet in length.

These vehicles and combinations are also allowed to operate on undesignated highways for a distance of 5 miles or less from the designated highway in order to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly or points of loading or unloading.

The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district or sewerage district.

The provisions of this proposed rule adding highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes.

NOTICE IS HEREBY GIVEN that pursuant to ss. 108.04 (2), 108.14 (2), and 227.11, Stats., the Department of Workforce Development proposes to hold three public hearings to consider the amendment of ss. DWD 128.01 and 128.02, relating to the unemployment insurance requirement of ability to work and availability for work.

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.

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.

Statutory authority: Sections 108.04 (2), 108.14 (2), and 227.11.

Statute interpreted: Section 108.04 (2).

Federal and state unemployment insurance law requires that a claimant may be eligible for benefits only if the claimant is able to work and available for work. Section DWD 128.02 provides a temporary grace period from the general able and available requirements in s. DWD 128.01 if the claimant has certain uncontrollable restrictions. Claimants are eligible for a grace period as designated in s. DWD 128.02 (2) if they have uncontrollable restrictions that limit them to less than 15% of suitable work, their previous employment was terminated for reasons unrelated to those restrictions, and they are able and available for work under the same conditions that applied to their most recent employment.

The department has never intended that s. DWD 128.02 mean that a claimant who was not able and available for any work would be eligible for UI. However, in light of a recent decision by the Labor and Industry Review Commission (LIRC) in Vuttiphan Z. Honea v. Milwaukee Ballet Company, Inc., the federal Department of Labor has expressed concern that s. DWD 128.02 could be read to mean that Wisconsin was not following the federally-mandated able and available requirement for eligibility. The Honea decision suggests that if s. DWD 128.02 (1) (a) is to be interpreted as requiring a claimant to be available for at least some work, the rule language that currently says “less than 15% of the opportunities for suitable work" should read “less than 15% but more than 0% of the opportunities for suitable work." This proposed rule makes that change in the general able and available requirement in s. DWD 128.01 and the criteria for a temporary grace period in s. DWD 128.02.

Also in response to Department of Labor concerns over the LIRC decision in the Honea case, the proposed rule clarifies that the grace period in s. DWD 128.02 does not apply to aliens who are not able and available for work because their authorized work has ended or their work authorization period has expired. There has been some confusion in situations where the authorized work has ended but the work authorization period is not expired. However, since federal immigration law provides that once the authorized work has ended the alien must depart the United States, these claimants cannot be considered able and available for work and are not eligible for unemployment insurance. The Honea decision is available on the LIRC web site at http://www.dwd.state.wi.us/lirc/ucdecsns/654.htm.

The proposed rule also makes a technical correction to s. DWD 128.01 (2) (b). A recent amendment to s. DWD 128.02 (1) (a) added “psychological condition" to the description of uncontrollable restrictions that may make a claimant eligible for the grace period. This change was made to reflect court interpretations. The language in s. DWD 128.01 (2) (b) is intended to parallel the language in s. DWD 128.02 (1) (a) but the amendment was inadvertently not made in s. DWD 128.01 (2) (b). The proposed rule amends s. DWD 128.01 (2) (b) to include “psychological condition."

In addition, obsolete references to ILHR are updated to DWD in the note following s. DWD 128.01.

SECTION 1. DWD 128.01 (2) (b), DWD 128.01 (note), and DWD 128.02 (1) (a) are amended to read:

DWD 128.01 (2) (b) The claimant's physical or psychological condition, or personal circumstances over which the claimant has no control limit the claimant to less than 15%, but more than 0%, of the opportunities for suitable work, including all such jobs whether vacant or filled, in the claimant's labor market area; or

DWD 128.01 Note: Section ILHR DWD 128.01 (2) (a) applies to a claimant whose restrictions on availability for work are within his or her power to change or alter. School attendance is generally a controllable restriction and, therefore, “without good cause" unless the person is enrolled in an approved training program under s. 108.04 (16), Stats. The wage demand of a claimant is also considered a controllable restriction. A claimant obligated to care for minor children is expected to make arrangements which would permit the claimant to accept suitable work. Unwillingness or failure to make such arrangements are controllable restrictions and, normally, without good cause.

Section ILHR DWD 128.01 (2) (b) applies to a claimant whose physical condition or uncontrollable personal circumstances limit the opportunity for suitable work. A claimant may be severely limited in the type of work which he or she could perform because of illness, disability, injury or age, but still be able to perform at least 15% of the suitable jobs in the claimant's labor market area.

DWD 128.02 (1) (a) The claimant's physical or psychological condition, or personal circumstances over which the claimant has no control limit the claimant to less than 15%, but more than 0%, of the opportunities for suitable work, as specified under s. DWD 128.01 (2) (b);

SECTION 2. DWD 128.02 (3) is created to read:

DWD 128.02(3) This section is not applicable to an alien whose authorized work has ended or whose authorization to work has expired, whichever is earlier.

The proposed rule does not affect small business.

There is no fiscal impact.

For substantive questions concerning the proposed rule, contact Tom Smith, Research Attorney, UI Bureau of Legal Affairs, 266-9641.

Written comments on the proposed rules received at the following address no later than May 31, 2001, will be given the same consideration as testimony presented at the hearing.