• Clarify a provision regarding advertising banners towed by aircraft.
• Update examples, and update notes to list the department's Internet web site, and the current location and mailing address.
• Correct a typographical error and a cross reference to another paragraph.
• Reflect correct numbering system, punctuation, grammar, format, and terminology, per Legislative Council Rules Clearinghouse standards.
Policy Analysis
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect law changes and private letter rulings. If the rules are not changed, they will be incorrect in that they will not reflect current law or current Department policy. The rules also will not reflect current Clearinghouse standards, and desired clarifications will not be made.
Statutory authority
Staff time required
The department estimates it will take approximately 100 hours to develop this rule order.
Transportation
Subject
This rule making will amend ch.
Trans 313, relating to ignition interlock devices (IIDs) and driver licensing, to implement a statewide ignition interlock program and to develop a pilot project. The proposed statewide IID program will update reporting requirements for vendors and service providers to improve coordination and cooperation between the Department, assessment agencies and law enforcement.
Policy Analysis
(1) Create a process for the selection of persons to install, service and remove IIDs from motor vehicles;
(2) Provide for a periodic review of the fees charged to the owner of a vehicle for the installation, service and removal of an IID;
(3) Require IID providers in Wisconsin to establish pilot programs involving the voluntary use of IIDs;
(4) Require IID providers to provide DOT and designated law enforcement any IID installation, tampering, service and failure reports in a timely manner; and
(5) Require IID providers to notify DOT of any IID tampering, circumvention, bypass or violation resets and other relevant data recorded in the IID's memory, with DOT subsequent notification to the assessment agency of such information.
In this rule making, DOT proposes to meet these requirements as follows:
(1) Create a process for the selection of persons to install, service and remove IIDs from motor vehicles. Current rules require manufacturers of IIDs to carry product liability insurance and agree to indemnify the state for claims arising out of the use of IIDs. No other criteria for determining whether a person is qualified to install, service or remove IIDs exist.
DOT proposes to meet the legislative requirements by establishing criteria for the selection of an installer or service technician including background checks for criminal history, technical training and other relevant criteria. Training requirements should reduce the risk of an installer damaging an IID customer's vehicle and help ensure safe installation practices. The criminal history checks requirement would be used to screen persons convicted of sexual offenses, fraud, or repeat OWI violations, to protect the public and prevent repeat OWI offenders from learning how to circumvent the devices.
(2) Provide for a periodic review of the fees charged to the owner of a vehicle for the installation, service and removal of an IID. The proposed rule making will establish a schedule for vendors to submit their fee schedule to DOT for review, with administrative followup procedures for non-compliance. The Department proposes to require IID vendors to notify DOT of any changes to their fee schedule (before/within X days after) changes to the fees. DOT will post a list of authorized IID vendors and their fees on its internet site. Any changes in fees would be posted on the Department internet site before the fees become effective so the customers can compare the services and rates of authorized vendors.
The policy alternatives are to require vendor notification of fee schedule changes periodically to DOT or conducting site visits. Conducting site visits would consume scarce administrative resources. Submission of fee schedule changes to DOT for internet posting allows the Department to monitor fee changes and thereby address consumer protection concerns. Additionally, monitoring IID program fee schedule changes by requiring the posting of vendor fees on DOT's internet site allows the Department to effectively utilize limited administrative resources.
(3) Require IID providers in Wisconsin to establish pilot programs involving the voluntary use of IIDs. IID vendors may already install IIDs on vehicles of persons who are not required by law to have such a device on their vehicle. DOT proposes to gather data from vendors who install IIDs on vehicles of persons who are not required by law to have the device on their vehicle. The Department proposes to collect vendor data to facilitate possible future study to determine whether IID voluntary use reduces drunk driving among non-regulated population (e.g., company fleet vehicle drivers, teenage drivers, and first offense OWI offenders).
The alternative to requiring that vendors share data with DOT is to continue current practice whereby vendors may install IIDs on vehicles of persons who are not required by law to have the device on their vehicle without reporting. However, absent a requirement that vendors participate in the program and report information to DOT, the Department would not be able to effectively gather the data and potentially study the effects of IID voluntary use in that population.
(4) Require IID providers to provide DOT and designated law enforcement any IID installation, tampering, service and failure reports in a timely manner. Currently, IID vendors or service providers are required to share installation, removal, tampering, circumvention, bypass and violation reset reports with local law enforcement. Vendors or service providers must report within three working days installation or removal of IIDs to the Department or to the sheriff of the county where the driver resides. The vendor or service provider reports the removal or installation in a specific form designated by the Division of Motor Vehicles, which is mailed to the DMV office in Madison.
To address the timeliness concern expressed in s.
110.10 (4), Stats., DOT proposes to review the time periods for submission of the reports in the current rule. The Department may also require IID installers to electronically report installation, removal, or any indication of tampering, circumvention, bypass and violation resets when installing, removing or servicing IIDs to DOT, law enforcement and district attorneys.
Without reporting timelines DOT, law enforcement and district attorneys would be unable to respond on a timely fashion to potential IID violations. Untimely reports make it difficult for law enforcement to allocate resources to investigate possible violations. Requiring installers or service providers to electronically report installation, removal, tampering, circumvention, bypass and violation resets may prove to be an effective way to distribute the information to DOT, law enforcement and district attorneys at minimum taxpayer cost.
(5) Require IID providers to notify DOT of any IID tampering, circumvention, bypass or violation resets and other relevant data recorded in the IID's memory, with DOT subsequent notification to the assessment agency of such information. DOT proposes the establishment of a mechanism for notification of the assessment agency that administers the IID violator's driver safety plan. When vendor or service provider reports indicate IID tampering, circumvention, bypass, violation resets, or removal, DOT will make such information available to the assessment agency.
The Department also proposes to consider screening reports gathered by vendors, or have vendors screen reports before its submission to DOT, so that only reports that appear to definitely establish a violation are reported to the assessment agency.
An alternative to DOT screening reports is to provide all reports to assessment agencies and allow them to do the screening. This alternative could bury assessment agencies in paper, consume their limited resources and detract from their main purpose. Removal, tampering, circumvention, bypass and violation resets reports from vendors may lead to licensing actions by the Department or non-compliance findings by assessment agencies or treatment facilities.
This rule making, in addition to the foregoing, is also intended to: (1) improve administrative procedures to enable ignition interlock providers to comply with regulatory requirements more efficiently, (2) update regulations regarding the responsibilities of the Department, vendors and service providers, and (3) establish driver license processes related to drivers whose operating privileges or vehicles are subject to IID restrictions.
Statutory authority
Staff time required
Approximately 120 hours.
Veterans Affairs
Subject
Amendment of s.
VA 12.02 (7) and
(16) Wis. Adm. Code – relating to the maximum loan amount under the personal loan program.
Objective of the rule. The proposed rule would raise the maximum loan amount under to the personal loan program to the statutory maximum of $15,000.
Policy Analysis
The Department of Veterans Affairs administers a personal loan program that may be used by veterans and their dependents for various statutory purposes. The purposes include debt consolidation, payment of delinquent child support, education expenses, and medical and funeral expenses, and the purchase of a mobile home or business property. The current maximum loan amount, set by the Department at s.
VA 12.02 (7), Wis. Adm. Code, is $10,000. The permissible statutory maximum loan amount may be $15,000, as set by the Department by administrative rule.
The Department proposes to raise the maximum loan amount to the statutory maximum for several reasons. Raising the maximum loan amount will provide additional lower-than-market loan resources to veterans and their families in a time of economic uncertainty. Additionally, the personal loan program is the primary source of revenue for the veterans trust fund. Infusion of additional assets in the form of personal loans will provide significant financial support for the trust fund.
Statutory authority
Staff time required
Approximately 1 hour of Department of Veterans Affairs staff time will be needed to promulgate the rules.
Veterans Affairs
Subject
Amendment of s.
VA 12.02 (4) Wis. Adm. Code – relating to the determination of interest rates under the personal loan program.
Objective of the rule. The proposed rule would identify additional criteria that the secretary of the department could use to adjust personal loan program interest rates.
Policy analysis
The lending industry is able to adjust interest rates based upon various factors, including the cost of money, term of the loan, loan security, creditworthiness of the applicant, and other relevant factors. Under the current rule, the secretary may adjust interest rates only on the basis of the income and type of security offered by the applicant. In order to be competitive with the lending industry and provide a sound marketing strategy for the program, it is essential that the secretary be able to adjust the personal loan program interest rates in a similar manner. The proposed rule will identify additional criteria to enable the secretary to accomplish these goals.
Statutory authority
Staff time required
Approximately 5 hours of Department of Veterans Affairs staff time will be needed to promulgate the rules.
