Rule-making notices
Notice of Hearing
Elections Board
NOTICE IS HEREBY GIVEN that pursuant to ss. 5.05 (1) (f) and 227.11 (2) (a), Stats., and interpreting ss. 5.02 (6m), (14), (17), 6.27, 6.29, 6.33, 6.34, 6.36, 6.40, 6.48, 6.50, 6.54, 6.55, and 6.56, Stats., the State Elections Board will hold a public hearing at the Brookfield City Hall, Common Council Chambers, located at 2000 North Calhoun Road, in the City of Brookfield, Wisconsin, on the 4th of October, 2006, at 9:30 a.m., to consider adoption of emergency rule s. ElBd 3.04.
Analysis Prepared by the State Elections Board
This amended rule interprets ss. 5.02 (6m), (14), (17), 6.27, 6.29, 6.33, 6.34, 6.36, 6.40, 6.48, 6.50, 6.54, 6.55, and 6.56, Stats. The rule requires that persons who register on election day and who have been issued a current and valid Wisconsin driver's license number shall provide that number in completing the registration form, or shall be allowed to vote a provisional ballot under s. 6.97, Stats.
The Elections Board finds that an emergency exists in the 2002 change in federal law that requires persons who have been issued a current and valid driver's license to list that number in completing a voter registration application or their registration may not be processed.
In 2002, Congress enacted the Help America Vote Act to address problems and issues that surfaced in the 2000 presidential election. Section 303(a)(5)(A)(i) of the Act provided that "an application for voter registration for an election for Federal office may not be accepted or processed by a state unless the application includes – in the case of an applicant who has been issued a current and valid driver's license, the applicant's driver's license number." To comply with federal law, but also to avoid disenfranchising those Wisconsin election day registrants who have been issued a current and valid Wisconsin driver's license but do not provide that number on their registration form, the Board has adopted s. ElBd 3.04, providing for the issuance of a provisional ballot to those registrants, pursuant to s. 6.97, Stats. Under that statute, the provisional ballot will be counted if the registrant provides, by any means feasible, his or her driver's license number to the clerk of the municipality in which the registrant has voted, not later than 4:00 p.m., on the day following the election.
Pursuant to the authority vested in the State of Wisconsin Elections Board by ss. 5.05 (1) (f) and 227.11 (2) (a), Stats., the Elections Board hereby creates Rule ElBd 3.04 interpreting ss. 5.02 (6m), (14), (17), 6.27, 6.29, 6.33, 6.34, 6.36, 6.40, 6.48, 6.50, 6.54, 6.55, and 6.56, Stats.:
SECTION 1. ElBd 3.04 is created to read:
ELBD 3.04 Requiring provision of certain information by election-day voter registration applicants. (1) A qualified elector registering to vote at a polling place on election day, who has been issued a current and valid Wisconsin driver's license, shall list his or her Wisconsin driver's license number on the voter registration application before the registration may be accepted or processed and before the person is allowed to vote at any election in Wisconsin. A Wisconsin driver's license that has expired, or has been suspended or revoked, is not a current and valid driver's license.
(2) If a current and valid Wisconsin driver's license has been issued to the registration applicant, but the registration applicant does not list the driver's license number on the registration application, the applicant will be allowed to vote a provisional ballot under s. 6.97, Stats. Individuals voting provisional ballots shall be given the written information required under s. 6.97 (1), Stats. If the person voting a provisional ballot provides his or her driver's license number to the municipal clerk, by any means feasible, including but not limited to in person, email, facsimile or telephone, not later than 4:00 p.m., on the day following the day of the election, the person's ballot will be counted.
(3) If a current and valid Wisconsin driver's license has not been issued to the applicant, the applicant shall list on the registration application either the last four digits of the applicant's Social Security Number, or the Wisconsin Department of Transportation identification card number if one has been issued to the applicant. If neither a driver's license nor a Social Security Number has been issued to the applicant, the applicant shall check the appropriate box on the application before the application may be accepted or processed and the registrant is allowed to vote.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Contact Person
George A. Dunst
Legal Counsel, State Elections Board
17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone 266-0136
Notice of Hearing
Elections Board
NOTICE IS HEREBY GIVEN that pursuant to ss. 5.05 (1) (f) and 227.11 (2) (a), Stats., and interpreting ss. 11.01 (1), (6), (15), (16), 11.05 (1), (7), 11.06 (1), (3), (4), (12), 11.07, 11.10 (4), 11.24 (2), 11.26 (4), (10), 11.38 (1), Stats., the State Elections Board will hold a public hearing on the adoption of the rule proposed in this notice on Wednesday, October 4, 2006, beginning at 9:30 a.m., at the Brookfield City Hall, Common Council Chambers, located at 2000 North Calhoun Road, to consider the adoption of rule s. ElBd 1.395, relating to use of federal campaign funds in a campaign for a Wisconsin elective office.
Analysis Prepared by State Elections Board
Statutory authority: ss. 5.05 (1) (f) and 227.11 (2) (a).
Statutes interpreted: ss. 11.01 (1), (6), (15), (16), 11.05 (1), (7), 11.06 (1), (3), (4), (12), 11.07, 11.10 (4), 11.24 (2), 11.26 (4), (10), 11.38 (1), Stats.
This rule interprets ss. 11.01 (1), (6), (15), (16), 11.05 (1), (7), 11.06 (1), (3), (4), (12), 11.07, 11.10 (4), 11.24 (2), 11.26 (4), (10), 11.38 (1), Stats. The rule prohibits the use, for political purposes in Wisconsin, of funds that have been converted by a federal campaign committee to a state campaign committee, if those funds were the result of contributions to the federal campaign committee that could not have been given directly to a state campaign committee under Wisconsin law.
Since the Bi-Partisan Campaign Reform Act of 2002 (BICRA), transfers of funds from a federal campaign committee to a state campaign committee had not been authorized under federal law. In November, 2004, Congress amended the Federal Election Campaign Act, (H.R. 4818, s.532(3) and 532(4), to permit the transfer of a federal candidate's campaign committee's funds to the candidate's state campaign committee, if state law permitted, and subject to the state law's requirements and restrictions.
Because of Congress' action in November, 2004, money which had not been available to a state committee under BICRA, and which might not have qualified for use for political purposes in a state campaign because of its source or because of other noncompliance with state law, could now be transferred to a state committee, if state law permitted. Wisconsin law, under the Board's previous rule, ElBd 1.39, Wis. Adm. Code, allowed for conversion of federal campaign committees, and their funds, to a state campaign committee without regard to the source of those funds and without regard to contribution limitations.
Restricting the use of such money to that money which has been contributed to the candidate's federal committee, under circumstances in which the contribution would have complied with Wisconsin law if it had been given directly to the Wisconsin campaign committee, is found to be in the public interest.
Pursuant to the authority vested in the State of Wisconsin Elections Board by ss. 5.05 (1) (f) and 227.11 (2) (a), Stats., the Elections Board hereby creates Rule ElBd 1.395 interpreting ss. 11.01 (1), (6), (15), (16), 11.05 (1), (7), 11.06 (1), (3), (4), (12), 11.07, 11.10 (4), 11.24 (2), 11.26 (4), (10), 11.38 (1), Stats., as follows:
SECTION 1. ElBd 1.395 is created to read:
ELBD 1.395 USE OF FUNDS TRANSFERRED BY A FEDERAL CAMPAIGN COMMITTEE TO A STATE COMMITTEE RESTRICTED
ElBd 1.395 Use of funds transferred by a federal campaign committee to a state committee restricted.
Funds which have been converted by a federal campaign committee to a Wisconsin state campaign committee may not be used for political purposes in Wisconsin if the contribution of those funds to the federal campaign committee would not have complied with Wisconsin law if the contribution had been made directly to a Wisconsin campaign committee. The state campaign committee shall divest itself of such money in compliance with s. 11.26 (11), Stats.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Contact Person
George A. Dunst
Legal Counsel, State Elections Board
17 West Main Street, P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone 266-0136
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss. 50.01 (1b), 121.555 (3) (c) and (4) (a), 146.82 (3), 343.12 (2), 343.16 (5), 343.20 (1), 343.21 (s), 343.23 (2), 343.237, 441.16 (2), Stats., and interpreting ss. 50.01 (1b), 121.555 (3) (c) and (4) (a), 146.82 (3), 343.12 (2), 343.20 (1), 343.21 (s), 343.23 (2), 343.237, 343.16 (5), 441.16 (2), Stats., the Department of Transportation will hold a public hearing in Room 394 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 19th day of September, 2006, at 10:00 AM, to consider the amendment of ch. Trans 112, Wisconsin Administrative Code, relating to medical standards for driver licensing and general standards for school bus endorsements.
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.
Analysis Prepared by the Wisconsin Department of Transportation
Explanation of agency authority: The Wisconsin Department of Transportation is responsible for licensing drivers to operate school buses. Current law requires the Department of Transportation to complete background and criminal history checks of school bus drivers and to disqualify drivers with certain criminal convictions. Current law also authorizes Advanced Practice Nurse Prescribers ("APNP") to take certain medically related actions, including reporting drivers the APNP believes are medically, physically or mentally incapable of exercising reasonable control over a motor vehicle. Current law prohibits the Department from issuing a school bus driver's license to any person who lacks sufficient use of both hands and the foot normally employed to operate the foot brake and foot accelerator correctly and efficiently, or who does not meet physical standards established by the Department. Upon receiving such reports from qualified medical practitioners, the Department may investigate and require medical re-examination to determine the reported person's ability to drive safely.
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