Feed for /code/register/2004/585b/rulemaking_notices
The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Jeff Hanson, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 1, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained by writing Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-7718.
Notice of Hearings
Natural Resources
Environmental Protection—Air Pollution Control, Chs. NR 400
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 285.11 (1) and (6), 285.60 (2g), (3) and (6) and 285.69 (1), Stats., interpreting ss. 285.11 (6), 285.60 (2g) and (3), 285.61 and 285.62, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 400, 406, 407 and 410, Wis. Adm. Code, relating to implementing general and registration air permit programs required by 2003 Wisconsin Act 118. The State Implementation Plan developed under s. 285.11 (6), Stats., will also be revised. The proposed rule revision establishes criteria and procedures for the issuance of general and registration air permits. These rules are intended to provide industry and the Department with a streamlined approach to permitting low emitting sources or categories of similar sources. Sources that are eligible for and which choose to take advantage of a general or registration permit would complete a simplified permit application form. General and registration permits would already have been completed by the Department for the targeted sources or source categories using permit language that is standard for the sources to be covered by the permit. This process will provide greater certainty, flexibility and timeliness to the permitting process.
The proposed rule establishes the general framework for these permits by setting implementation criteria. Specific permit criteria will be developed during permit preparation of sources that could be regulated by registration or general permits include those that have actual emissions significantly lower than federal major source thresholds, nonmetallic mineral processing plants, asphalt plants, small natural gas fired generators, digestors, small heating units, printing presses and hospital sterilization equipment.
Also included in this proposed rule is a minor change to clarify the permit exemption criteria for grain processing and grain storage facilities. This clarification is necessary to ensure that column dryers and rack dryers are included in the exemption criteria, as was intended in the original rule development. Included in this package as well is a minor technical change to provide correct references to the recently updated ch. NR 445 which was inadvertently omitted in the processing of that rule package.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Thursday, October 28, 2004 at 3:00 p.m.
Room 511, GEF #2
101 South Webster Street
Madison
Wednesday, November 3, 2004 at 1:00 p.m.
Room 141, DNR SE Region Hdqrs.
2300 N. Dr. Martin Luther King Jr., Drive
Milwaukee
Thursday, November 4, 2004 at 1:00 p.m.
Schmeekle Room, UW-Stevens Point
2419 North Point Drive
Stevens Point
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bob Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The use of general and registration permits will result in reduced programmatic costs in the long run. While the Department will spend resources similar to that of a standard permit review to prepare a general permit or a registration permit, the resulting product will be used to regulate several similar sources resulting in lower costs associated with review of permit applications.
It is anticipated that approximately 50 registration permits and 50 general permits will be issued for new construction annually. Under proposed fees for these projects, the department would see $155,000 in additional revenue. If these projects were required to undergo the traditional permit route, the Department would garner approximately $500,000 in permit fees for these projects. Although the registration and general permit programs will result in less administrative burden for regulated facilities, the department will incur the costs of implementing the program and developing permits for use under these programs. Thus, these programs are not expected to change the department's need for permitting resources.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Jeff Hanson, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 5, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained by writing Proposed Rules, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-7718.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss. 343.02, 343.03 (5) and 343.14 (2) (f), Stats., and interpreting s. 343.14 (2) (f), Stats., the Department of Transportation will hold a public hearing in Room 421 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 12th day of October, 2004, at 1:30 PM, to consider the amendment of ch. Trans 102, Wisconsin Administrative Code, relating to the issuance of driver licenses and identification cards.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Statutory Authority: ss. 343.02, 343.03 (5) and 343.14 (2) (f), Stats.
Statutes Interpreted: s. 343.14 (2) (f), Stats.
Plain Language Analysis: This proposed rule modifies s. Trans 102.14, relating to the issuance of driver licenses and identification cards. Current law requires the Department to issue driver licenses at motor vehicle service centers. This rule making is intended to permit the Wisconsin Division of Motor Vehicles (DMV) to mail permanent driver license and ID card documents from a centralized issuance facility. DMV would issue a temporary paper receipt (license or ID card) at DMV service centers. DMV recognizes a number of business advantages to using a centralized issuance system including a reduction in identity theft, persons having multiple identities, and residency fraud.
In addition, this rule making makes clear that the department may decline to immediately issue licenses and ID cards at motor vehicle service centers to persons who have not previously been issued licenses in Wisconsin or another jurisdiction. Licenses are mailed to such individuals at the address specified in their license application. DMV has been mailing out licenses to individuals in these categories on a pilot basis and determined that it helps identify persons who are fraudulently representing themselves as Wisconsin residents.
Finally, the proposed rule making would give DMV explicit authority to withhold immediate distribution of licenses and to use mail distribution if other patterns of fraudulent application activity are determined and a person's application fits that pattern.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: There are no existing or proposed federal regulations on this matter.
Comparison with Rules in Adjacent States:
Michigan: Central Issuance System
Minnesota: Central Issuance System
Illinois: Over-the-counter Issuance System
Iowa: Over-the-counter Issuance System
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: DMV has mailed licenses since March 1, 2004 to drivers who are new license or ID applicants in Wisconsin and who have not been previously licensed in another jurisdiction. In that time, about 600 licenses or IDs have been returned to the department and cancelled because the mailing address provided by the applicant was invalid. The fact that this mechanism has been successful in reducing the issuance of falsified identification documents suggests that permanent adoption of a Central Issuance System is appropriate. The American Association of Motor Vehicle Administrators (AAMVA), which represents all U.S. and Canada jurisdictions, recommends a centralized issuance system as an effective method in reducing identity theft, residency fraud, and internal theft of stock materials needed to manufacture licenses and ID cards. A number of long-term, over-the-counter issue states such as Kansas, Washington, Colorado, Utah and Maine have recently switched to a central issuance system to reduce identity theft and other fraud-related issues. Delaying issuance will allow the Department to review and investigate questionable applications before the permanent card is issued.
Persons applying for a license under a centralized issuance system would receive a temporary license document if they need a license document.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: This proposed rule will have no adverse impact on small businesses. You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.
Fiscal Effect and Anticipated Costs Incurred by Private Sector: The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Place Where Comments are to be Submitted and Deadline for Submission: The public record on this proposed rule making will be held open until close of business on the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Phil Alioto, Department of Transportation, Division of Motor Vehicles, Room 255, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Mr. Alioto by phone at (608) 267-4524.
To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s. 343.14 (2) (f), Stats., and interpreting s. 343.14 (2) (f), Stats., the Department of Transportation will hold a public hearing in Room 421 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 12th day of October, 2004, at 1:30 PM, to consider the amendment of ch. Trans 102, Wisconsin Administrative Code, relating to proof of identification.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Statutory Authority: s. 343.14 (2) (f), Stats.
Statutes Interpreted: s. 343.14 (2) (f), Stats.
Plain Language Analysis: This proposed rule modifies s. Trans 102.15, relating to proof of identification required to obtain a Wisconsin driver license or identification card. The amendment updates what documents the Department will accept for identification purposes when issuing driver licenses or identification cards. The Department proposes removing documents that no longer exist and removing documents with poor security and integrity. The Department also proposes to add acceptable identity documents that are useful in verifying a person's name, date of birth, identity and residency. The rule changes will help ensure that driver licenses and identification cards are issued to correctly identified people and not to persons using fictitious identities.
Other proposed changes include:
Establishing acceptable documents as proof of Wisconsin residency.
Giving law enforcement and Department employees the right to confiscate documents submitted for proof to support a false statement of the person's name and date of birth, identity or residency.
Permitting the Department to require additional proof of identity in circumstances where identity theft has been reported.
This rule making creates s. Trans 102.025 which establishes criteria for all documents accepted by the Division of Motor Vehicles (DMV) as part of an application for driver license. This also sets the general rule that a document with a photograph of a person will not be accepted unless the person is readily recognizable from the photograph. Throughout s. Trans 102.15, the descriptive word "identifiable" is deleted because the now "readily recognizable" standard is adopted with regard to all documents that contain photographs. The intent is to give DMV field staff and processors more ability to request additional ID when a person is not easily recognized as being the person in a photo ID document.
Finally, this rule making proposes to permit the Department to enter into an agreement with the Department of Corrections (DOC) under which the DOC, as agent for the Department, can take digital photographs of inmates or to accept and transmit entire driver license applications to DMV. Permitting the Department of Corrections to transmit driver license applications to DMV may reduce DOC costs and enhance security by allowing driver license and ID card applications to be processed without requiring the DOC to transport inmates to DMV service centers.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: Federal law requires all commercial driver license (CDL) applicants provide social security numbers to the Department. Current statutes, however, require the Division of Motor Vehicles to issue a license without a social security number to any person who completes a form specified by the Department of Workforce Development (DWD). The DWD's form does not permit CDL applicants to obtain a waiver of the social security number requirement.
Comparison with Rules in Adjacent States: The following chart summarizes the provisions of proposed amendments to Ch. Trans 102 and how the issue is dealt with in the states bordering Wisconsin.
Wisconsin
Michigan
Minnesota
Illinois
Iowa
Confiscation of Documents –Proposed Trans 102.025 (3) would permit DMV to seize suspected false identification documents.
Does the state permit the DMV to confiscate suspected false identification?
Yes, documents turned over to Investigative Unit
No, copy made, license not issued until issue resolved.
No, document turned over to investigator on-site
Yes
SSN Religious Exemption – Repeal of existing s. Trans 102.15 (5) (b) would eliminate citizens' ability to cite religious grounds as a reason to decline to provide a social security number when obtaining a driver license.
Does the state permit persons to decline to provide a SSN when obtaining a driver license?
Yes
No
No
No
This rulemaking proposes to disallow use of a number of documents as identity documents in the driver licensing process. The following shows whether the states identified permit or do not permit the use of the cited documents for identification purposes in driver licensing.
Wisconsin
Michigan
Minnesota
Illinois
Iowa
A notification of birth registration issued by the state division of health or a county or health department s. Trans 102.15 (3) (a) 12.
No
No
No
No
A federal I-181 "memorandum of creation of lawful permanent residence"
s. Trans 102.15 (3) (a) 13.
No
No
No
No
A northern marina card
s. Trans 102.15 (3) (a) 14.
No
Yes
No
No
A U.S. merchants service photo identification card
s. Trans 102.15 (4) (a) 8.
No
No
No
No
A copy of the person's federal or state income tax return
s. Trans 102.15 (4) (a) 9.
No
No
No
Only tax documents completed by gov. agency
A professional license
s. Trans 102.15 (4) (a) 10.
No
No
No
No
A private investigator's license
s. Trans 102.15 (4) (a) 15.
No
No
No
No
A life insurance policy
s. Trans 102.15 (4) (a) 16.
No
No
No
No
A canceled check
s. Trans 102.15 (4) (a) 17.
No
No
No
No
A Canadian social insurance card
s. Trans 102.15 (4) (a) 20.
No
No
No
Yes
Amended – Proof of Name and Date of Birth
Proposed s. Trans 102.15(3)(a)15. would permit DOT to accept Native American identification cards if they meet several requirements.
Does the state permit the use of Native American identification cards for identification purposes in driver licensing?
No
No
Permits use of ID card issued by the Cana-dian Dept. of Indian Affairs. U.S. Bureau of Indian Affairs or tribal ID cards are not acceptable as primary, but are accepted as secondary document
The rule proposes to accept driver licenses or IDs from other jurisdictions that are expired for less than 8 years.
s. Trans 102.15(3)(a)16.
s. Trans 102.15(4)(a)2. and 5.
Does the state accept driver licenses or IDs from other jurisdictions as proof of ID? If so, may the license/ID be expired?
Accepts another state or a Canadian driver license or identifica-tion card with a photo.
Accepts a photo driver's license, state identification card, or permit issued by a US state other than MN, DC, Guam, US VI, or Canadian Province or territory that is current or expired for 5 years or less.
Accepts out-of state drivers license/ID card only if "current."
Accepts photo driver's license/ID card or certified copy of a license/ID card that is valid or has not been expired more than 1 yr.
(Specifically rejects state ID cards from a few selected states.)
This rule proposes to allow DMV to accept a court order under seal related to the adoption or divorce of the individual or to a name or gender change that includes the person's current full legal name, date of birth and, in the case of a name change or divorce orders, the person's prior name.
s. Trans 102.15(3)(a)17.
Does the state permit the use of court orders as ID?
Court Orders with seals or be a true copy.
Certified Court Orders
Court Order
Court order containing the applicant's full name, date of birth and court seal may be used as primary identification.
A court order that does not contain the applicant's date of birth but does have full name may be used as a secondary form of ID.
Amended – Proof of Identity
Proposed s. Trans 102.15(4)(a)6. would allow employer IDs to be used as proof of ID if the ID meets certain requirements.
Does the state permit use of employer IDs as proof of identity?
No
No
Yes
Proposed s. Trans 102.15(4)(a)7. would allow a student photo identification card containing a photograph of the person to be used as ID.
Does the state permit photo student IDs to be used as proof of identity?
Yes
Yes
No
Yes
Proposed s. Trans 102.15(4)(a)12. would permit the use of a valid original driver license from a foreign country accompanied by an international driver's permit that translates the original license as ID.
Does the state permit licenses from other countries and their translations to be used as proof of ID?
Yes
No
No
No
Does the state permit welfare cards (Wisconsin Quest cards) to be used as proof of ID?
s. Trans 102.15(4)(a)18.
No
No
No
Yes
s. Trans 102.15(4)(a)19.
No
No
No
Yes
Does the state permit use of identification cards issued by a Mexican consulate bearing photo-graphs and signatures, or reproduction of the signatures, of the person as proof of ID?
s. Trans 102.15(3)(a)19.
No
No
No
The department proposes to permit the department of corrections to take photos and accept driver license and ID applications from inmates and to accept the Wisconsin department of corrections ID cards as identity documents.
s. Trans 102.15(3)(a)20.
Does the state permit use of prison system IDs as proof of ID or permit prison staff to collect driver license applications on behalf of the driver licensing agency?
No
No
No
No
The department proposes to permit use of utility bills for water, gas, electric or land line phone service to be used as proof of Wisconsin residency.
s. Trans 102.15(4m)(b)
Does the state permit use of utility bills to prove residency?
No
No
Yes
Yes
The department proposes to permit the use of paycheck or pay stub with the customer's name and address, and the employer's name and address as proof of Wisconsin residency. s. Trans 102.15(4m)(c)
Does the state permit use of pay stubs as proof of residency?
No
No
yes
Yes
The department proposes to permit use of an account statement at least 30 days old from a Wisconsin financial institution as proof of residency. s. Trans 102.15(4m)(d)
Does the state permit use of financial institution account statements as proof of residency?
No
No
Yes
Yes
The department proposes to permit use of Milwaukee county ID cards issued after February 2000, but no later than July 1, 2003, as proof of residency. s. Trans 102.15(4m)(e)
Does the state permit the use of county ID cards as proof of residency?
No
No
No
No
The department proposes to permit the use of an individual taxpayer identification number, or ITIN, along with the IRS letter listing a Wisconsin address as proof of residency.
s. Trans 102.15(4m)(f)
Does the state permit use of tax ID numbers and IRS correspondence as proof of residency?
No
No
No
No
The department proposes to permit use of Wisconsin work permits for minors to be used as proof of residency.
s. Trans 102.15(4m)(g)
Does the state permit use of state issued work permits to be used as proof of residency?
No
No
No
No
The department proposes to permit an affirmation by an applicant's spouse, mother, father, child or legal guardian verifying that the applicant is a resident of Wisconsin as proof of residency if the person affirming holds a valid Wisconsin drivers license or ID card. s. Trans 102.15(4m)(h)
Does the state permit parents, spouses, children or legal guardians who hold driver licenses to affirm the residency of the driver?
No
No
No
No
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: The Department compared the requirements of Wisconsin law with those of other states, AAMVA recommendations, and recommendations from Department staff in making changes to the types of documentation that will be acceptable as proof of name, date of birth, identity and residency.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: This proposed rule will have no adverse impact on small businesses. You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.
Fiscal Effect and Anticipated Costs Incurred by Private Sector: The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Place Where Comments are to be Submitted and Deadline for Submission: The public record on this proposed rule making will be held open until close of business on the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Phil Alioto, Department of Transportation, Division of Motor Vehicles, Room 255, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Mr. Alioto by phone at (608) 267-4524.
To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.
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