It is estimated that state employees will spend 40 hours on the rule-making process, including research, drafting and conducting a public hearing.

Objective of the rule. This proposal will amend ch. Trans 276, which establishes a network of highways on which long combination vehicles may operate, by adding one highway segment to the network. The actual segment being proposed is:

STH 57 from Sturgeon Bay to Sister Bay

Federal law requires the Department of Transportation to react within 90 days to requests for changes to the long truck route network. Wisconsin state law requires that the Department use the administrative rule process to make changes to the long truck route network. Chapter Trans 276 is an existing rule set up for long truck routes. The Department has received a request from Representative Garey Bies, on behalf of businesses of the 1st Assembly District, to add this highway segment.

In the Surface Transportation Assistance Act of 1982 (STAA), the federal government acted under the Commerce clause of the United States Constitution to provide uniform standards on vehicle length applicable in all states. The length provisions of STAA apply to truck tractor-semitrailer combinations and to truck tractor-semitrailer-trailer combinations. (See Jan. 6, 1983, Public Law 97-424, § 411) The uniform standards provide that:

• No state shall impose a limit of less than 48 feet on a semitrailer operating in a truck tractor-semitrailer combination.

• No state shall impose a length limit of less than 28 feet on any semitrailer or trailer operating in a truck tractor-semitrailer-trailer combination.

• No state may limit the length of truck tractors.

• No state shall impose an overall length limitation on commercial vehicles operating in truck tractor-semitrailer or truck tractor-semitrailer-trailer combinations.

• No state shall prohibit operation of truck tractor-semitrailer-trailer combinations.

The State of Wisconsin complied with the federal requirements outlined above by enacting 1983 Wisconsin Act 78 which amended s. 348.07 (2), Stats., and s. 348.08 (1), Stats. This act created ss. 348.07 (2) (f), (fm), (gm) and 348.08 (1) (e) to implement the federal length requirements. In 1986 the legislature created s. 348.07 (2) (gr), Stats., to add 53 foot semitrailers as part of a two vehicle combination to the types of vehicles that may operate along with STAA authorized vehicles. (See 1985 Wisconsin Act 165)

The vehicles authorized by the STAA may operate on the national system of interstate and defense highways and on those federal aid primary highways designated by regulation of the secretary of the United States Department of Transportation. In 1984 the USDOT adopted 23 CFR Part 658 which in Appendix A lists the highways in each state upon which STAA authorized vehicles may operate. Collectively these highways are known as the National Network. In 1983 Wisconsin Act 78, the legislature enacted s. 348.07 (4), Stats., which directs the Wisconsin Department of Transportation to adopt a rule designating the highways in Wisconsin on which STAA authorized vehicles may be operated consistent with federal regulations.

The Department of Transportation first adopted ch. Trans 276 of the Wisconsin Administrative Code in December of 1984. The rule is consistent with 23 CFR Part 658 in that the Wisconsin rule designates all of the highways in Wisconsin that are listed in 23 CFR Part 658 as part of the National Network for STAA authorized vehicles. The federal regulation does not prohibit states from allowing operation of STAA authorized vehicles on additional state highways. The rule making authority granted to the Wisconsin Department of Transportation in s. 348.07 (4), Stats., allows the DOT to add routes in Wisconsin consistent with public safety. The rule making process also provides a mechanism to review requests from businesses and shipping firms for access to the designated highway system for points of origin and delivery beyond 5 miles from a designated route. A process to review and respond to requests for reasonable access is required by 23 CFR Part 658.

The rule will affect the requester of the route to be designated and other operators of commercial motor vehicles.

s. 348.07(4), Stats.

It is estimated that state employees will spend 40 hours on the rule-making process, including research, drafting and conducting a public hearing.

Chapter DWD 272, Minimum wages.

Pursuant to ss. 103.005 (5) (a) and 104.04, Stats., DWD created a Minimum Wage Advisory Council in January 2004. The Council collected and analyzed data relating to the issue of the State of Wisconsin's minimum wage rates, determined the adequacy of the current minimum wage rates, and made recommendations to the Department on potential adjustments to the minimum wage rates.

The Minimum Wage Advisory Council recommended an increase in the general minimum wage rate to $5.70 on October 1, 2004, and to $6.50 on October 1, 2005, and various increases to special wage rates. The Department incorporated the Minimum Wage Advisory Council's recommendations in the proposed rule CR04-036. Legislative committees objected to that rule.

The Department proposes a new rule to increase the general minimum wage rate to $5.70 when the rule is effective and to increase it to $6.50 on June 1, 2006; to increase special rates for opportunity employees, agricultural workers, camp counselors, and golf caddies; and to create a special rate for minors on these new effective dates.

Employers and employees

The federal general minimum wage rate is $5.15 per hour and the opportunity rate is $4.25 per hour for employees under 20 years old for the first 90 days of employment. There are no special rates for minors, agricultural workers, camp counselors, or golf caddies.

Sections 103.005 (1), 104.04, 104.045, 104.07, and 227.11, Stats.

150 hours.