Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Submittal of Written Comments
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than July 15, 2010, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by Department of Public Instruction
Statute interpreted
Statutory authority
Explanation of agency authority
Section
119.23 (2) (a) 6. c., Stats., requires the department to, by rule, implement a process to issue a temporary, nonrenewable waiver to certain teachers that meet specific statutory requirements and who are employed by a private school participating in the Milwaukee Parental Choice Program (MPCP) program.
Section
119.23 (11), Stats., requires the department to promulgate rules to implement and administer the MPCP.
Section
227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
SECTION 9139 (4r) of the nonstatutory provisions of
2009 Wisconsin Act 28 allows the department promulgate emergency rules without a finding of emergency or a statement as to why the rule is necessary for the preservation of the public peace, safety or welfare.
Related statute or rule
N/A
Plain language analysis
2009 Wisconsin Act 28, the 2009-11 biennial budget bill, made several modifications to the Milwaukee Parental Choice Program under s.
119.23, Stats. Several of the modifications require that the department develop rules to implement the statutory provisions. One of those modifications requires the department to develop a rule setting forth the process to issue a temporary, nonrenewable waiver for eligible teachers who have been teaching in a participating private school for at least 5 consecutive years immediately preceding July 1, 2010, but do not have a bachelor's degree.
By statute, a teacher may apply for a temporary, nonrenewable waiver if he or she:
•
Was employed by the private school participating in the Milwaukee Parental Choice Program (MPCP) on July 1, 2010,
•
Has been teaching for at least the 5 consecutive years immediately preceding July 1, 2010, and
•
Does not have a bachelor's degree from an accredited institution of higher education on July 1, 2010.
The statutes further require the applicant to submit to the department a waiver application designed by the department and a plan for satisfying the requirements under s.
119.23 (2) (a) 6. a., Stats., including the name of the accredited institution of higher education at which the teacher is pursuing or will pursue the bachelor's degree and the anticipated date on which the teacher expects to complete the bachelor's degree.
The rules include the statutory requirements described above and establish the process for requesting the temporary, nonrenewable waiver. The rules require specific information to be submitted by July 31, 2010, when applying for the waiver, including:
•
Information documenting that the institution of higher education is accredited.
•
The name and contact information of the accredited institution of higher learning.
•
A list of specific classes to be taken to complete the bachelor's degree, including updates of any changes that have occurred in the applicant's plan.
•
If applicable, an official transcript showing courses already completed that count toward the bachelor's degree.
•
Information demonstrating a bachelor's degree from the accredited institution of higher education can be issued within five years under the plan proposed by the applicant.
Finally, no waiver granted under these rules is valid after July 31, 2015.
The Act required permanent rules be submitted to the Legislative Council by October 1, 2009. The permanent rule process is nearly complete but emergency rules are being promulgated to establish the waiver application requirements prior to the July 1, 2010, teacher criteria deadline, established under s.
119.23 (2) (c), Stats.
Comparison with federal regulations
N/A
Comparison with rules in adjacent states
Illinois, Iowa, Michigan, and Minnesota do not have rules relating to private school voucher programs.
Summary of factual data and analytical methodologies
The waiver granted under these rules is only available to teachers that meet the requirements on July 1, 2010 and valid until July 31, 2015. The information required in the rule is typical of information requested from regular teachers in determining whether they are on-track to receiving proper certification.
Analysis and supporting documents used to determine effect on small business
N/A.
Anticipated costs incurred by private sector
N/A.
Small Business Fiscal Impact
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Fiscal Estimate
The rule sets forth the process to issue a temporary, nonrenewable waiver for eligible teachers who have been teaching in a participating private school but do not meet the new licensing requirement created by
2009 Wis. Act 28 under s.
119.23 (2) (a) 6. a, Stats.
The rules will have no local fiscal effect and will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
The costs associated with the new waiver application process and review will be absorbed by the department.
Agency Contact Person
Robert Soldner, Director
School Management Services
Phone: (608) 266-7475
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
85.16 (1),
227.11,
343.02 and
344.66, Stats., the Department of Transportation will hold a public hearing to consider the amendment of Chapter
Trans 100, Wis. Adm. Code, relating to license reinstatement.
Hearing Information
Date: July 21, 2010
Time: 10:30 a.m.
Location: Hill Farms State Transportation Bldg.
Room 144-B
4802 Sheboygan Avenue
Madison, WI
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Reginald Paradowski at (608) 264-7002 with specific information on your request at least 10 days before the date of the scheduled hearing. Accommodations such as interpreters, English translators, or materials in alternative format will, to the fullest extent possible, be made available upon a request from a person with a disability to accommodate your needs.
Copies of Proposed Rule
A copy of the rule may be obtained upon request from Reginald Paradowski, Section Chief, Division of Motor Vehicles, Driver Information Section, Room 301, P. O. Box 7983, Madison, WI 53707-7983. You may also contact Mr. Paradowski by phone at (608) 264-7002 or via e-mail:
reginald.paradowski@wisconsin.gov to obtain copies of the proposed rule. Copies will also be available at the hearing.
Submittal of Written Comments
The public record on this proposed rule making will be held open until close of business 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 Reginald Paradowski, Section Chief, Division of Motor Vehicles, Driver Information Section, Room 301, P. O. Box 7983, Madison, WI 53707-7983, or by calling (608) 264-7002. You may also contact Mr. Paradowski via e-mail at:
dotuninsuredmotorist@dot.wi.gov.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
The Department is charged with administering the safety responsibility and damage judgment laws contained in Ch.
344. This rule making deals with reinstatement of operating privileges following suspension for nonpayment of a damage judgment. The Department is also charged with administering provisions of the mandatory insurance law, Subchapter
VI to Ch.
344, Stats. This rule making implements that new law.
Related statute or rule
Plain language analysis
This proposed rule making revises those provisions of Ch.
Trans 100 to reflect statutory requirements and to codify DMV practices and procedures that are used in the administration of the safety responsibility and damage judgment laws. The damage judgment law provides that a driver's operating privilege may be suspended for up to 20 years if the driver fails to pay down the judgment to the same extent it would have been paid had the driver carried the minimum insurance required under Wisconsin's safety responsibility law. The safety responsibility law requires drivers involved in accidents without insurance to post a deposit with the Department to cover potential damages resulting from the accident. Failure to post the deposit results in suspension of operating privileges.
A second objective of this rule making, discussed below, is to establish standards for filings made in lieu of insurance with the Department pursuant to s.
344.63, Stats., as created by
2009 Wis. Act 28, and establish any other regulations made necessary by Wisconsin's new mandatory insurance law.
Safety Responsibility and Damage Judgment Law Related Proposed Rules
Section
344.01 (2) (d), Stats., sets minimum mandatory insurance limits in Wisconsin of $50,000 because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, in the amount of $100,000 because of bodily injury to or death of 2 or more persons in any one accident and in the amount of $15,000 because of injury to or destruction of property of others in any one accident.
1 Section
344.26 (3), Stats., provides that unpaid damage judgments in excess of those amounts are “deemed satisfied" for purposes of the damage judgment law when payments in those amounts have been credited to the judgments. Payments made in settlement of any claims because of bodily injury, death or property damage arising from a motor vehicle accident are credited in reduction of the respective amounts so specified.
1 These dollar amounts can be adjusted in accordance with variance in the consumer price index beginning in 2017. The rule text reflects this fact, but for purposes of the analysis, the current $15,000, $50,000 and $100,000 amounts shall be used to simplify the text and improve the understandability of the analysis.
It should be noted in this regard that the term “satisfied" as used in ss.
344.25 to
344.27, Stats., is not used in the commonly understood legal parlance of the term. Ordinarily, to lawyers, “satisfaction" of a judgment means the payment of all amounts due under the judgment. In s.
344.26(3), Stats., however, the different meaning described in the preceding paragraph is ascribed to the term solely for purposes of the damage judgment law. This is consistent with the safety responsibility law. Under the safety responsibility law, a person who had a contract of insurance with the minimum coverages described in s.
344.01(2)(d), Stats., would not be subject to that law's bond requirements. s.
344.14 (2) (a), Stats.
This proposed rule making would amend Ch.
Trans 100 to make clear that payment of a judgment to the $15,000 for property damage plus $50,000 or $100,000 level for injuries is sufficient to warrant release of any damage judgment suspension by the Division of Motor Vehicles. It also imposes a requirement that any settlement agreement between the parties state the nature of the damages involved and the amount at which the possibility of re-suspension under the DMV damage judgment law expires.
An additional proposed amendment to Ch.
Trans 100 is intended to resolve a potential ambiguity in ss.
344.25 to
344.27, Stats. Since the inception of this program, DOT has interpreted those statutes as permitting release of a DMV damage judgment suspension once upon a debtor driver entering into a private repayment agreement and once upon that debtor driver obtaining a court-ordered repayment plan under s.
344.27, Stats. DMV has required satisfaction of the judgment as a condition of reinstatement following default on any judicial plan because of the s.
344.27(3), Stats., requirement that “[I]f the judgment debtor fails to pay any installment as specified by such order, the secretary, upon notice of such default, shall immediately suspend the operating privilege and registrations of the judgment debtor until such judgment is satisfied as provided in s.
344.26." In drafting this rule, the Department considered whether it could permit these steps to be done in a different sequence and whether multiple agreements could be permitted.
In the end, the Department concluded that the above-quoted language of s.
344.27(3), Stats., prevents DMV from permitting reinstatement of operating privileges following default on a court-ordered repayment plan unless the driver (or someone on the driver's behalf) actually pays $15,000, $50,000 or $100,000, as appropriate, to the judgment creditor. DMV also concluded that it would not permit repeated private repayment agreements for a single damage judgment. The proposed rule reflects these determinations.
