Address: 125 South Webster St., 2nd Floor
Madison, WI 53703-3474
Mail: PO Box 7873, Madison WI 53707-7873
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Statutes interpreted
Statutory authority
Explanation of agency authority
2009 Act 11 specifically permits the commissioner to enact this rule.
Related statutes or rules
Plain language analysis
In December 2009 Congress enacted section 1010 of the federal department of defense appropriations act, 2010 (“DOD Act"). This section extended the federal premium subsidy provided under the American Recovery and Reinvestment Act of 2009, provided for retroactive extension of coverage for a transition period, and required that notice of the extended subsidy and retroactive coverage and premium payment be given to assistance eligible individuals. This rule makes it clear that these rights must also be extended to assistance eligible individuals who are or were eligible for coverage under state law, either under s.
632.897, Stats., or s. INS 3.75, Wisconsin Administrative Code. These rights include the following:
(a)
The DOD Act extended the federal premium reduction eligibility period for two months until February 28, 2010 and increased the maximum period for receiving the subsidy for an additional six months (from nine to 15 months).
(b)
Individuals who had reached the end of the federal reduced premium period before the DOD Act extended it to 15 months will have an extension of their grace period to pay the reduced premium. To continue their coverage they must pay the 35 percent of premium costs by February 17, 2010, or, if later, 30 days after they receive notice of the extension.
(c)
Individuals who ended the federal reduced premium subsidy and paid the full premium may obtain a credit for future months of coverage or a reimbursement of the overpayment.
(d)
Individuals who are assistance eligible individuals on or after October 31, 2009 or who experience a qualifying event on or after that date are entitled to notice, or additional notice, of the extended federal premium subsidy.
(e)
Individuals who are entitled to an extended premium grace period as described in paragraph (b), or a credit or refund for premium paid as described in paragraph (c), are entitled to notice of those rights.
Comparison with federal regulations
The proposed rule parallels the standards enacted by the DOD Act and makes it clear they are applicable to assistance eligible individuals who are or were entitled to coverage under s.
632.897, Stats., or s.
Ins 3.75, Wis. Adm. Code.
Comparison of similar rules in adjacent states
Illinois: None.
Iowa: None.
Michigan: None.
Minnesota: None.
Factual data and analytical methodologies
This proposed rule is based on, and parallels the DOD Act.
Analysis and supporting documentation used to determine rule's effect on small businesses
The rule imposes no substantial requirements on small employers but would allow discontinued employees of small employer who have group insurance the ability to elect continuation of health insurance coverage.
Small Business Impact
This rule will have little or no negative effect on small businesses and does not impose any additional requirements on small businesses.
Small Business Regulatory Coordinator
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266-7843 or at email address
eileen.mallow@wisconsin.gov
Fiscal Estimate
State and local government fiscal impact
There will be no state or local government fiscal effect.
Private sector fiscal impact
This rule change will have no significant negative effect on the private sector regulated by OCI but will allow numerous people to continue group health insurance that would not be able to without this change.
Agency Contact Person
Inger Williams, OCI
Public Information and Communications
Phone: (608) 264-8110
Address: 125 South Webster St., 2nd Floor
Madison, WI 53703-3474
Mail: PO Box 7873, Madison WI 53707-7873
Notice of Hearings
Justice Assistance
NOTICE IS HEREBY GIVEN that pursuant to ss.
16.964 (16) (b) and
227.11 (2) (a), Stats., the Office of Justice Assistance (OJA) will hold public hearings at the times and places indicated below to consider the creation of Chapter
OJA 1, relating to
the collection and analysis of motor vehicle traffic stop information.
Hearing Information
Date and Time Location
April 26, 2010 Room 142 C (Student Lounge)
4:00 PM Madison Area Technical College
3550 Anderson Street
Madison, Wisconsin
April 28, 2010 Room 250, Zelazo Center
4:00 PM University of Wisconsin — Milwaukee
2419 East Kenwood Boulevard
Milwaukee, Wisconsin
The public hearing sites are accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at a hearing, please call (608) 261-7005 at least 10 days prior to the hearing date. Accommodations will be made available to the fullest extent possible.
Copies of Proposed Rule
Copies of this proposed rule are available on the Office of Justice Assistance website at
http://oja.wi.gov under “Current News" or at the state administrative rules website at
http://adminrules.wisconsin.gov (search under “traffic stop"). Copies may also be obtained at no charge by making a request to Dennis Schuh, Program Director, Office of Justice Assistance, 1 S. Pinckney Street, Suite 615 Madison, WI 53703, Phone: (608) 266-7682. Email: Dennis.Schuh@ wisconsin.gov.
Appearances at the Hearing and Submission of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation, but are urged to submit facts, opinions and argument in writing as well. Comments may also be submitted using the Wisconsin Admin. Rules Website at http://adminrules. wisconsin.gov or submitted by mail addressed to the agency contact person listed above. The deadline for submitting comments to the Office of Justice Assistance is 4:30 p.m. on April 30, 2010.
Analysis Prepared by the Office of Justice Assistance
Statutes interpreted
Statutory authority
Explanation of agency authority
(11y) RULE-MAKING RELATED TO TRAFFIC STOP INFORMATION COLLECTION AND ANALYSIS. The office of justice assistance in the department of administration shall submit in proposed form the rules required under section
16.964 (16) (b) of the statutes, as created by this act, to the legislative council staff under section
227.15 (1) of the statutes no later than February 1, 2010.
Under the provisions of s.
16.964 (16) (b), Stats. as created by
2009 Wisconsin Act 28, “(t)he office shall promulgate rules relating to . . ." (traffic stop data collection, submittal, analyses and reports). “Office" is defined to mean “the office of justice assistance." s.
16.964 (1) (g), Stats.
Related statute or rule
Under
s.
349.027, Stats., the person in charge of a law enforcement agency shall “cause to be obtained" information required by the OJA rules relating to each traffic stop made on or after January 1, 2011. The person in charge of a law enforcement agency is also required to submit the information to the OJA using the process and format prescribed by OJA rules.
Plain language analysis
These rules fulfill a statutory mandate that OJA adopt rules relating to the collection of information on traffic stops by law enforcement agencies (agencies) and analysis of the collected information by OJA. By statute, the rules are to relate to:
•
The types of information that agencies must collect and the circumstances under which it must be collected;
•
The process and format that agencies must use to submit the collected information to the OJA;
•
The types of analyses that OJA will perform; and,
•
Requirements for making reports to the legislature.
Proposed ch.
OJA 1, in s.
OJA 1.03, includes definitions of terms used in the statute and rule, including “law enforcement agency," “law enforcement officer," “person in charge of a law enforcement agency employing the law enforcement officer" “race or ethnicity" and “traffic stop."
No later than June 30, 2010, the Department of Transportation and the OJA are to enter into a memorandum of understanding covering traffic stop data collection procedures, forms, procedures, costs, staffing and training. Among other things, the terms of the agreement are to minimize impact on the time and expense of law enforcement agencies. Section
OJA 1.04.
In section
OJA 1.05, the rules describe the type of information that police officers must collect relating to traffic stops, categorized as operator, occupant, event and search data. The process that law enforcement agencies must use to submit traffic stop data to the Office of Justice Assistance is set out in s.
OJA 1.06.
The types of data analysis that OJA will perform is described in s.
OJA 1.07. The analysis will be completed by the Statistical Analysis Center in OJA. The Center will analyze the traffic stop data under the tests identified in s.
16.964 (16) (a), Stats., specifically, to determine:
(a) Whether the number of traffic stops involving motor vehicles operated or occupied by members of a racial minority is disproportionate to the number of traffic stops involving motor vehicles operated or occupied solely by persons who are not members of a racial minority.
(b) Whether the number of searches involving motor vehicles operated or occupied by members of a racial minority is disproportionate to the number of searches involving motor vehicles operated or occupied solely by persons who are not members of a racial minority.
Under the rule, the analysis may also evaluate correlations between the race and ethnicity of vehicle occupants and traffic stop events such as search requests and stop duration. OJA may also note whether other factors, such as specific law enforcement strategies, may contribute to identified disproportionalities. OJA is required to identify benchmarks and other analytical tools used in preparing its reports.
All of the OJA traffic stop reports shall be filed as required by statute and published on the agency's website. Section
OJA 1.08.
Under section
OJA 1.10, a law enforcement agency that does not submit traffic stop data will be identified in OJA reports.
Comparison with federal regulations
There is no known federal law requiring the collection and analysis of data about the racial or ethnic characteristics of individuals involved in traffic stops. However, the Federal Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) 23 USC s. 1906 provides guidance on local legislation. Section 1906 provides incentive funding for states to enact a law that prohibits the use of racial profiling in highway law enforcement and to allow public inspection of statistical information for each motor vehicle stop regarding the race and ethnicity of the driver and passengers.
Comparison with rules in adjacent states
Minnesota:
