2. Statutes interpreted: 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.
3. Explanation of agency authority: 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 ElBd s.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 casting a provisional ballot provides 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.
Previously, the Board's policy had been to process the election day registration of those registrants who failed to list their driver's license number on their registration application, if they had provided, on their registration form, a Wisconsin-issued Identification Card Number or the last four digits of their Social Security Number. Whether that policy complied with federal law had been in issue. To assure that Wisconsin's practice complies with federal law, the Elections Board proposes to promulgate the following rule providing for the issuance of a provisional ballot to those Wisconsin election day registrants who have been issued a current and valid Wisconsin driver's license but do not provide that license number on their registration form. This rule is consistent with both federal and state law and has been approved by the U. S. Department of Justice.
4. Related statute(s) or rule(s): Subchapter II of chapter 6, Stats. and ElBd chapter 3, Wis. Adm. Code, Voter Registration.
5. Plain language analysis: The proposed rule provides the method by which persons who are not registered and who do not provide their driver's license number, for whatever reason, may register and vote on election day.
6. Summary of, and comparison with, existing or proposed federal regulations: The rule is consistent with Section 303(a)(5)(A)(i) of the Help America Vote Act, which provides 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."
7. Comparison with rules in adjacent states: The rule is consistent with the requirements in Illinois, Iowa, Michigan and Minnesota, similar to those in federal law, 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."
8. Summary of factual data and analytical methodologies: Adoption of the rule was predicated on federal and state mandate rather than on any factual data or analytical methodology.
9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: The rule will have no effect on small business nor any economic impact.
10. Effect on small business: The creation of this rule does not affect business.
11. Agency contact person (including e-mail and telephone): George A. Dunst, Legal Counsel, State Elections Board, 17 West Main Street, P.O. Box 2973, Madison, Wisconsin 53701-2973; Phone 266-0136;
(george.dunst@seb.state.wi.us)
12. Place where comments are to be submitted and deadline for submission: State Elections Board, 17 West Main Street, P.O. Box 2973, Madison, WI 53701-2973; (elections.state.wi.us)
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., as follows:
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
Public Service Commission
Hearing Date: Friday, January 26, 2007 - 1:30 p.m.
Hearing Location: Public Service Commission, 610 North Whitney Way, Madison, WI (Amnicon Falls Hearing Room - 1st Floor)
This docket uses the Electronic Regulatory Filing system (ERF)
Comments Due: Friday, January 26, 2007 - 4:00 p.m.
FAX Due: Thursday, January 25, 2007 - 4:00 p.m.
Address Comments to:
Sandra J. Paske, Secretary to the Commission
Public Service Commission
P.O. Box 7854
Madison, WI 53707-7854
FAX (608) 266-3957
The Public Service Commission of Wisconsin proposes an order to create ch.
PSC 137 relating to energy efficiency and renewable resource programs.
Analysis Prepared by the Public Service Commission of Wisconsin
Statute interpreted: s.
196.374, Stats.
2005 Wisconsin Act 141 substantially revised Wisconsin law regarding the energy efficiency programs and renewable resource programs that public utilities offer to their customers and retail electric cooperatives offer to their members. This act, whose general effective date is July 1, 2007, replaces the programs that the Department of Administration had previously been administering, which were commonly known as the “Focus on Energy." The Department contracted with third parties to implement these programs and the customers of electric and gas utilities paid for the programs either through public benefits fees or mandatory utility contributions.
Act 141 provides that the investor-owned electric and gas utilities must collectively establish and fund statewide energy efficiency and renewable resource programs. The energy utilities must contract with one or more program administrators to develop and run the programs, soliciting for program administrators on a competitive basis. The proposed rules specify the application requirements and procedures for conducting such a solicitation. The rules prescribe the procedures the energy utilities must use for contracting with program administrators, identifying the criteria for evaluating responses to their solicitation and discussing methods by which the energy utilities may appeal decisions of the Commission concerning their selection criteria and their contracts with program administrators.
The proposed rules also set forth minimum requirements for the portfolio of statewide programs. These programs must: serve all customers (except those served by a utility-administered program or by a large energy customer's self-directed program); deliver environmental benefits; allocate at least 10 percent of the available funds for energy efficiency programs that serve local government and agricultural producers; establish performance goals, collect appropriate data for tracking performance, and report on performance results; include strategies to overcome market barriers and support the effective delivery of statewide programs; fund research and development projects; ensure equal opportunities for eligible customers to participate; and deliver programs that pass a portfolio test of net cost-effectiveness. The energy utilities must notify the Commission of their intent to sign a collective contract for statewide programs. The proposed rules explain the minimum requirements of such a contract and provide a method by which the energy utilities can dispute Commission decisions to modify or reject a proposed contract.
Under Act 141, municipal electric utilities and retail electric cooperatives must charge monthly fees to continue their “Commitment to Community" programs. Act 141 also permits these energy providers to contribute the fees to statewide programs and substitute the statewide programs for the Commitment to Community programs. A municipal utility or retail electric cooperative that does so makes a 3-year commitment to the statewide programs. The proposed rules explain the procedures for delivering these fees to a fiscal agent and tracking the contributions of municipal utilities and retail electric cooperatives.
Act 141 allows an energy utility, with the Commission's approval, to administer energy efficiency programs that it provides to large commercial, industrial, institution, or agricultural customers. Act 141 provides that the funding available for such a “utility-administered" program will come from moneys that would otherwise be available for statewide programs. The proposed rules state that funding for a utility-administered program must equal the revenues collected from the energy utility's customers who are eligible for the program, less any funds set aside for statewide renewable resource programs. Act 141 further provides that an energy utility can voluntarily choose to administer or fund additional energy efficiency or renewable resource programs, above and beyond its legal requirements. The law requires that these programs also require the Commission's approval. The proposed rules set forth minimum criteria for the utility-administered programs and for voluntary utility programs, and explains how an energy utility can contest Commission decisions to modify or deny an energy utility's request to initiate either of these programs.
Act 141 prescribes a method by which a “large energy customer" can conduct its own energy efficiency program, which is funded out of moneys the customer would otherwise pay to finance the statewide programs. By law, a large energy customer is defined as a customer whose facility consumes at least 1,000 kilowatts of electricity per month or at least 10,000 decatherms of natural gas per month and who is billed at least $60,000 in a month for electric and gas services. Under the proposed rules the Commission will determine the annual funding level for each large energy customer. The law requires the Commission's prior approval of a large energy customer program; the proposed rules establish the minimum requirements for these programs and the method by which a large energy customer can dispute Commission decisions to modify or deny a request to implement such a program.
Initial Regulatory Flexibility Analysis
The rule will have no effect on small businesses.
TEXT OF PROPOSED RULE
The text of the proposed rule is set forth at psc.wi.gov. Use the docket number 1-AC-220 to find the proposed rule order attached to notice of hearing.
Fiscal Estimate
the proposed rules will replace the existing statewide Energy Efficiency and Renewables Program at DOA and move the monitoring of the new Program to the PSC. It is expected there will be the same number of state staff, at about the same costs, working on the programs as there are now at DOA. Therefore, the result of the creation of these rules do not increase or decrease state expenditures. WI Act 141 provides for certain expenditures by local governments, however, the rules merely implement these requiremenets and in and of themselves do not increase or decrease local costs.
There is also no financial impact on the private sector.
Notice of Hearing
NOTICE IS GIVEN that pursuant to s.
227.16 (2) (b), Stats., the Commission will hold a public hearing on these proposed rule changes on Friday,
January 26, 2007, at 1:30 p.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the docket coordinator listed below.
Written Comments
Any person may submit written comments on these proposed rules. The hearing record will remain open for written comments from the public until January 26, 2007. All written comments must include a reference on the filing to docket 1-AC-220. File by one mode only.
Industry: File comments using the Electronic Regulatory Filing system. This can be accessed from the Commission's website psc.wi.gov.
Members of the Public:
If filing electronically: Use the Public Comments system or the Electronic Regulatory Filing system. Both of these can be accessed from the Commission's website psc.wi.gov.
If filing by mail, courier, or hand delivery: Address your comments as shown in the box on page 1.
If filing by fax: Send fax comments to (608) 266-3957. Fax filing cover sheet must state “Official Filing", the docket number 1-AC-220, and the number of pages (limited to 25 pages for fax comments).
Contact Peron
Questions regarding this matter may be directed to docket coordinator Carol A. Stemrich at (608) 266-8174. Media questions should be directed to Linda Barth, Director of Governmental and Public Affairs at (608) 266-9600. Hearing or speech-impaired individuals may also use the Commission's TTY number, if calling from Wisconsin (800) 251-8345, if calling from outside Wisconsin (608) 267-1479.
The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to get this document in a different format should contact Carol Stemrich, as indicated in the previous paragraph, as soon as possible.
Notice of Hearing
Workforce Development
(Labor Standards)
NOTICE IS HEREBY GIVEN that pursuant to Section
105.115 (5), Stats., as created by
2005 Wisconsin Act 197, and s.
227.11 (2) (a), Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules relating to notice to home care consumers and workers and affecting small businesses.
Hearing Information
Thursday, January 25, 2007 at 1:30 p.m.
G.E.F. 1 Building, B103
201 E. Washington Avenue
Madison
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.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. 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.
Analysis Prepared by the Department of Workforce Development
Explanation of agency authority. Section
105.115, as created by
2005 Wisconsin Act 197, requires a home care placement agency that places a home care worker in the residence of a home care consumer to provide the following notices:
• Notice to the home care consumer of the consumer's duties, responsibilities, and liabilities with respect to the home care worker, unless the worker is temporarily substituting for the consumer's regular home care worker.
• Notice to the home care worker stating the worker's employment status, specifically, whether the worker is an employee of the home care placement agency, an employee of the home care consumer, or an independent contractor.
Section
105.115, Stats., specifies additional information that must be included in each of the notices and requires that the notices be on forms prescribed by the Department. Among other things, the notice to the home care consumer must contain a statement acknowledging that the home care consumer has received and understands the notice and a line for the home care consumer's signature located immediately below that statement. The home care placement agency must give the home care consumer one copy of the notice signed by the home care consumer and retain one copy in its files. Among other things, the notice to the home care worker must contain a statement acknowledging that the home care worker has received and understands the notice and a line for the home care worker's signature located immediately below that statement. The home care placement agency must also give the home care worker one copy of the notice signed by the home care worker and retain one copy in its files.
