Scope Statements
Children and Families
Subject
Revises Chapters
DCF 52,
54, and
57, relating to rates charged by residential care centers, group homes, and child welfare agencies.
Policy Analysis
Effective January 1, 2011, under s.
49.343, Stats., as amended by
2009 Wisconsin Acts 28,
71, and
335, the department will establish the per client rate that a residential care center for children and youth or a group home may charge for its services, and the per client administrative rate that a child welfare agency may charge for the administrative portion of its treatment foster care services. In establishing rates for a placement specified in s.
938.357 (4) (c) 1. or
2., Stats., the department shall consult with the Department of Corrections. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same treatment foster care services. The department will determine the foster care levels of care to which this rate regulation applies.
By October 1, annually, a residential care center for children and youth or a group home shall submit to the department the per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for treatment foster care services provided in the next year. The department shall review the proposed rate and audit the provider submitting the proposed rate to determine whether the proposed rate is appropriate to the level of services to be provided, the qualifications of the provider to provide those services, and the reasonable and necessary costs of providing those services. In reviewing a proposed rate, the department shall consider all of the following factors:
•
Changes in the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on June 30 of the year in which the proposed rate is submitted.
•
Changes in the consumer price index for all urban consumers, U.S. city average, for the medical care group, as determined by the U.S. department of labor, for the 12 months ending on June 30 of the year in which the proposed rate is submitted.
•
Changes in the allowable costs of the residential care center for children and youth, group home, or child welfare agency based on current actual cost data or documented projections of costs.
•
Changes in program utilization that affect the per client rate or per client administrative rate.
•
Changes in the department's expectations relating to service delivery.
•
Changes in service delivery proposed by the provider and agreed to by the department.
•
The loss of any source of revenue that had been used to pay expenses, resulting in a lower per client rate or per client administrative rate for services.
•
Whether the agency is accredited by a national accrediting body that has developed child welfare standards.
•
Changes in any state or federal laws, rules, or regulations that result in any change in the cost of providing services, including any changes in the minimum wage.
•
Competitive factors.
•
The availability of funding to pay for the services to be provided under the proposed rate.
•
Any other factor relevant to the setting of a rate that the department may determine by rule.
If the department determines that a proposed rate submitted is appropriate, the department shall approve the proposed rate. If the department does not approve a proposed rate, the department shall negotiate with the provider to determine an agreed to rate. If after negotiations a rate is not agreed to, the department and the provider shall engage in mediation under a rate resolution procedure promulgated by rule to arrive at an agreed to rate. If after mediation a rate is not agreed to, the department shall order a rate for the service after considering the factors listed above. A provider may appeal the rate set by the department as a contested case under ch.
227 by filing with the department a request for a hearing within 30 days after the date of the order.
The department shall promulgate rules providing for all of the following:
•
Standards for determining whether a proposed rate is appropriate to the level of services to be provided, the qualifications of a provider to provide those services, and the reasonable and necessary costs of providing those services.
•
Factors for the department to consider in reviewing a proposed rate.
•
Procedures for reviewing proposed rates, including procedures for ordering a rate when negotiations and mediation fail to produce an agreed to rate.
The department has created an advisory committee consisting of representatives of purchasers; county departments; the Bureau of Milwaukee Child Welfare; tribes; consumers; and a statewide association of private, incorporated family and children's social service agencies representing all groups of providers that are affected by the rate regulation process. The committee will advise the department on the development of the proposed rules and the implementation of rate regulation for residential care centers for children and youth, group homes, and child welfare agencies.
Statutory Authority
Comparison with Federal Regulations
None.
Entities Affected by the Rule
Residential care centers for children and youth, group homes, child welfare agencies, counties, and tribes.
Estimate of Time Needed to Develop the Rule
500 hours.
Contact Information
Mary Morse
Child Welfare Licensing Section
Bureau of Permanence and Out-of-Home Care
Phone: (608) 266-0415
Commerce
Subject
Creates Chapter
Comm 9, relating to movable soccer goals and revises Chapters
Comm 83 to
85, relating to private sewage systems.
Objective of the Rule
One objective of the potential rule-making projects is to establish or revise administrative rules regarding buildings, building components or structures affected by legislation enacted during the 2009-2010 legislative session. This includes mandates under:
The rule-making project regarding private sewage systems may also involve technical revisions to address code inconsistencies and new technologies.
The objectives of these rule projects may be incorporated into more than one package and may include revisions to other chapters of department administrative rules affected by the proposal.
Policy Analysis
Under the statutory authority of chapters 101 and 145, Stats., the department has the responsibility to protect public health, safety and welfare in the design and construction of public buildings, places of employment and one- and 2- family dwellings and their components. The department has established building and construction codes that establish minimum standards for the protection of public health, safety and welfare.
Currently, the Department has no administrative rules governing soccer goals.
The primary alternative would be to delay the rule-making process. This delay would reduce the public benefits that would otherwise occur by beginning these projects now and would not be consistent with the implementation timelines mandated in the legislation.
Statutory Authority
Chapters
101,
145 and
167, Stats., as affected by 2009 legislation.
Comparison with Federal Regulations
The US Consumer Product Safety Commission has published Guidelines for Movable Soccer Goal Safety, January 1995, publication #CPSC 326.
There are two existing federal regulations that address some aspects of private sewage systems,
40 CFR 144.80(e) and
40 CFR Part 122. Under federal regulations private sewage systems are classified as Class V Wells, Shallow Injection Wells and large private sewage systems require National Pollutant Discharge Elimination System (NPDES) permits which are currently administered by the Department of Natural Resources under its Wisconsin Pollutant Discharge Elimination System (WPDES) program.
There are no existing or proposed federal regulations that would address the matters that are regulated under this rule-making project.
Entities Affected by the Rule
The rule project pertaining to soccer goals will affect public and private entities that own or utilize soccer goals for the activities; this would include public and private schools and soccer clubs and associations.
The rule project pertaining to private sewage systems will affect public and private entities that own private sewage systems or are involved in program administrative functions such as soil testing, design, construction, inspection and maintenance.
Estimate of Time Needed to Develop the Rule
The department estimates it will take approximately 200 hours to develop the rules pertaining to soccer goals. This time includes reviewing national standards, drafting the rules and processing the rules through public hearings, legislative review and adoption. The department will assign existing staff to undertake this rule-making project.
The department estimates it will take approximately 400 hours to develop the rules pertaining to private sewage systems. This time includes reviewing current rules, drafting the rules and processing the rules through public hearings, legislative review and adoption. The department will assign existing staff to undertake this rule-making project.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100—
Subject
Creates Chapter
Comm 103, relating to the Disabled Veteran-Owned Business Certification program.
Objective of the Rule
The proposed rules would implement the provisions of
2009 Wisconsin Act 299. The rules will establish the eligibility criteria and process for obtaining certification under the disabled veteran-owned business certification program.
Policy Analysis
The Department currently operates the Minority Business Certification Program and the Woman-Owned Business Certification Program. The proposed rules for the Disabled Veteran-Owned Business Certification program will be similar to the structure of the rules for these two programs.
Under the proposed rules, as required by
2009 WI Act 299, the Department would certify Wisconsin businesses that are at least 51 percent owned, controlled, and actively managed by disabled veterans. The Department may establish a processing fee to cover the department's expenses in making the certification determination. Alternatively, the Department may seek to enter into a Memorandum of Understanding (MOU) with the Wisconsin Department of Veterans Affairs (DVA) to operate the certification program. The Department is required to promulgate rules to implement the provisions of
2009 WI Act 299.
Statutory Authority
Comparison with Federal Regulations
Title 13 of the Code of Federal Regulations, Part 25, Subparts A thru E, address the definitions, eligibility requirements, contracting requirements, protest procedures, and penalties and records retention requirements under the federal Small Business Administration Service-Disabled Veteran-Owned (SDVO) Small Business Concern (SBC) Program. The purpose of the SDVO SBC Program is to assist small businesses in obtaining a fair share of Federal Government contracts, subcontracts, and property sales. An SDVO SBC is one in which at least 51% of the business is owned, controlled, and actively managed by service-disabled veterans, or in the case of a veteran with a permanent and severe disability, a spouse, surviving spouse, or permanent caregiver of the veteran. The SDVO SBC must also meet the small size standards corresponding to the NAICS code assigned to the contract at the time of the contract offer. Verification eligibility is for a 12-month period.
Title 38 of the
Code of Federal Regulations, Part 74, addresses the application guidelines, oversight and records management requirements of the U.S. Department of Veterans Affairs (VA) Center for Veterans Enterprise (CVE) VetBiz Vendor Information Pages (VIP) database. Eligibility criteria for the CVE VIP are based on ownership and control, and the absence of: (a) debarment or suspension concerns; (b) false application statements; and (c) significant unresolved financial obligations to the Federal Government. Applications for the VetBiz VIP verification status must be filed electronically in the VIP database located at
http://www.VetBiz.gov.
Entities Affected by the Rule
The rules may affect disabled veteran-owned businesses in Wisconsin, private- and public-sector entities with supplier- diversity programs that relate to disabled veteran-owned businesses, any state agencies or other entities required to ensure that a portion of orders or contracts are paid or awarded to disabled veteran-owned businesses, and any state agencies or other entities required to submit annual reports to the Department of Administration on these orders or contracts.
Estimate of Time Needed to Develop the Rule
The staff time necessary to develop the rules is expected to range from 80 to 100 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption in collaboration with the Wisconsin Department of Veterans Affairs. There are no other resources necessary to promulgate the rules.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100—
Subject
Creates Chapter
Comm 135, relating to food processing plant and food warehouse investment credit.
Objective of the Rule
The proposed rules would implement the provisions of
2009 Wisconsin Act 295 that relate to certifying applicants and allocating to them tax credits for investments in food processing plants and food warehouses.
Policy Analysis
The Department has rules for several other programs associated with tax credits, but none of those programs relate specifically to investments in food processing plants and food warehouses.
The proposed rules are expected to address: (1) the eligibility requirements for applicants; (2) the documentation that must be submitted by applicants to become certified as eligible for the investment credit, and to receive acceptance of incurred expenses; (3) the Department's response to the submitted documentation; and (4) filing a claim with the Department of Revenue for the corresponding tax credit.
The alternative of not promulgating these rules would conflict with the directive in section
560.2056 (4) of the Statutes that requires this promulgation, in consultation with the Department of Revenue.
Statutory Authority
Comparison with Federal Regulations
Neither the Department nor the Department of Revenue is aware of any existing or proposed federal tax credits that are similar to these tax credits.
Entities Affected by the Rule
The proposed rules may affect entities that incur expenses relating to modernization or expansion of food processing plants or food warehouses.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to range from 40 to 60 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100—
Subject
Creates Chapter
Comm 139, relating to rural outsourcing grants.
Objective of the Rule
The proposed rules would implement the provisions of
2009 Wisconsin Act 265 that relate to awarding grants to businesses for outsourcing work to rural municipalities.
Policy Analysis
The Department has rules for several other programs associated with economic and business development grants, but those programs are not targeted specifically to grants to businesses for outsourcing work to rural municipalities.
The proposed rules are expected to address (1) the eligibility requirements for applicants and projects; (2) the documentation that must be submitted by applicants; (3) the Department's response to the submitted documentation; and (4) the Department's use of any funds that are not applied for by the end of the 2009-11 fiscal biennium.
The alternative of not promulgating these rules would conflict with the directive in SECTION 45 (1) (b) in
2009 Wisconsin Act 265 that requires this promulgation.
Statutory Authority
Comparison with Federal Regulations
No similar existing or proposed federal regulations or programs were found through review of the Code of Federal Regulations and pertinent federal agency Web sites – including at the US Department of Agriculture, the US Department of Commerce, the US Economic Development Administration, and the US Small Business Administration.
Entities Affected by the Rule
The proposed rules may affect businesses that incur expenses relating to outsourcing work to rural municipalities.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rules is expected to range from 40 to 60 hours, depending upon the associated complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to promulgate the rules.
Health Services
Management and Technology and Strategic Finance,
Chs.
DHS 1—
Community Services, Chs.
DHS 30—
Health, Chs.
DHS 110—
Subject
Revises Chapter
DHS 12, relating to caregiver background checks and Appendix A, relating to offenses affecting caregiver eligibility.
Revises Chapter
DHS 83, relating to community-based residential facilities.
Revises Chapter
DHS 88, relating to licensed adult family homes.
Revises Chapter
DHS 124, relating to hospitals.
Revises Chapter
DHS 127, relating to rural medical centers.
Revises Chapter
DHS 148, relating to cancer and chronic disease drug repository program.
Repeals Chapter
DHS 165, relating to laboratory certification.
Objective of the Rule
To update, correct or remove outdated rule provisions and cross-references.
Policy Analysis
DHS 12
Chapter
DHS 12, Appendix
A is a list of Wisconsin crimes and other offenses that the legislature under s.
50.065, Stats., determined either require rehabilitation review approval before a person may work as a caregiver, reside as a non-client resident at or contract with an entity, or that act to permanently bar a person from receiving approval to be a foster parent. Over the years, the legislature has revised the crimes and offenses listed in s.
50.065, Stats., making Appendix A incomplete and outdated. To ensure that the list of crimes and offenses now listed by the department in Appendix A is available to the public in an accurate and timely manner, the department intends to repeal Appendix A and publish the list of crimes and offenses affecting caregiver eligibility on the department's website at dhs.wisconsin.gov.
The department intends to update the list of entities, as defined under s.
50.065, which are subject to the caregiver background law, make other minor changes, and clarify rule provisions.
DHS 83
The department intends to amend ch.
DHS 83 to clarify and correct certain provisions in the rule relating to health monitoring, administrator training, resident assessment, doors and construction type, make other minor changes, clarify rule provisions and to update charts, references and links.
DHS 88
2007 Wisconsin Act 20 repealed ss. 50.033 (2r), (2s) and (2t), Stats., making the provisions in ss. DHS 88.06 (1) (a) 4. and (4) no longer valid. Chapter
DHS 88.06 (1) (a) 4. and (4) requires an adult family home to provide information and referral of a prospective resident to the aging and disability resource center. These requirements were repealed under
2007 Wisconsin Act 20. The department intends to remove the information and referral requirements from ch.
DHS 88.
Section
DHS 88.10 (5) (b) relating to resident grievance procedures contains an incorrect cross-reference concerning patient storage space. The department intends to correct the cross-reference.
DHS 124
Section DHS 124.14 (3) (a) 16. relating to anatomical gifts contains a cross-reference to s. DHS 124.05 (3) (i) 1. which was repealed in a recent revision of ch. DHS 124. The department intends to correct the cross reference.
DHS 127
Chapter
DHS 127.02 (2)
defines an
ambulatory surgery center to have the meaning given in s. 49.45 (6r) (a) 1., Stats.
1997 Wisconsin Act 252 repealed s. 49.45 (6r), Stats., making the definition no longer valid. The department intends to amend the definition of ambulatory surgical center at s.
DHS 127.02 (2), by adopting the federal definition given under
42 CFR 416.2, which defines an ambulatory surgical center (ASC) to mean any distinct entity that operates exclusively for the purpose of providing surgical services to patients not requiring hospitalization, has an agreement with the Centers of Medicare and Medicaid Services (CMS) to participate in Medicare as an ASC, and meets the conditions set forth in subparts B and C. Subparts B and C of
42 CFR 416.2 are the general conditions, requirements and specific conditions for coverage for ambulatory surgical services.
DHS 148
2009 Wisconsin Act 142, effective March 18, 2010, removes certain barriers to donating prescription drug samples and expands the drug repository program to allow individuals to donate unused prescription medications that are in the original packaging, not just drugs to treat cancer and other chronic diseases as previously specified. The department intends to amend ch.
DHS 148 to reflect these changes
.
DHS 165
The Department proposes to repeal ch.
DHS 165 because the department has no statutory authority for the rule. In Wisconsin, laboratories are monitored under federal regulations contained in
42 CFR 493 and
42 CFR 1310 to
405.1317.
Statutory Authority
Sections
50.02 (2),
50.033 (2),
50.065 (1) (ag) 1. a.,
(2) (d),
(4),
(5) and
(6) (b) and
(c),
50.36 (1),
50.51 (2),
227.11 (2), and
255.056 (7), Stats.
Comparison with Federal Regulations
Chapter DHS 12, Caregiver Background Checks. There appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.
Chapter DHS 83, Community-Based Residential Facilities. There appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.
Chapter DHS 88, Licensed Adult Family Homes. There appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.
Chapter DHS 124, Hospitals. There appear to be no existing or proposed federal regulations that address clinical records to be maintained for anatomical gifts.
Chapter DHS 127, Rural Medical Centers. There appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rule.
Chapter DHS 148, Cancer and Chronic Disease Drug Repository Program. The proposed rules are affected by
21 CFR 200-
299,
21 CFR 1300-
1302, and
21 CFR 1304-
1308. These regulations constitute the Food and Drug Administration (FDA) and Drug Enforcement Agency (DEA) regulations that will affect the type of medications that can to be donated to the drug repository.
Entities Affected by the Rule
The proposed rule will affect community-based residential facilities, adult family homes, hospitals, rural medical centers, pharmacists, pharmacies, advocacy organizations, trade associations, and entities regulated under chs.
DHS 34,
35,
36,
40,
61,
63,
75,
82,
83,
85,
88,
89,
105,
124,
127,
131,
132,
133, and
134.
Estimate of Time Needed to Develop the Rule
The Department of Health Services estimates that approximately 100 hours of staff time will be required to promulgate the proposed rules.
Contact Information
Pat Benesh
Division of Quality Assurance
Phone: (608) 264-9896
Health Services
Subject
Revises Chapter
DHS 120, relating to health information.
Objective of the Rule
To create rules governing how individually identifiable cancer registry information may be disclosed to persons conducting research on cancer, cancer prevention or cancer control.
Policy Analysis
Section
255.04 (3) (c), Stats., as created by
2009 Wisconsin Act 28 (the state's biennial budget) permits the dissemination of individually identifiable state cancer registry information to qualified researchers upon request. The request must include a written application, documentation of IRB approval and fee payment to the department, for the purpose of studying cancer, cancer prevention, or cancer control or performing other cancer research.
Previously, disclosure of this information outside the Department of Health Services was limited to a central tumor registry in another state when the subject of the information resides in that state, or to a national tumor registry.
The department intends to propose rules to specify the procedures the department intends to use to assess researchers' applications for cancer registry information, and the fee structure or basis of the fees to be charged researchers to obtain this cancer registry information.
Statutory Authority
Comparison with Federal Regulations
There appear to be no existing or proposed federal regulations that address the activities to be regulated by the proposed rules. However, the 1992 Cancer Registries Amendment Act (Public Law 102-515) established the National Program of Cancer Registries (NPCR), currently regulated within the Centers for Disease Control and Prevention, Department of Health and Human Services. PL
102-515 (2) (D) (vi) requires that the funding recipient's State law and associated administrative rules authorizes a means by which confidential case data may, in accordance with State law, be disclosed to cancer researchers for the purposes of cancer prevention, control and research. Section
255.04, Stats., and the Department's proposed administrative rules are intended to comply with this federal law.
In applying for and accepting NPCR grant funding for the cancer registry, Wisconsin agreed to provide the assurances required under PL
102-515 (2), including the specific assurance on data release mentioned above.
Entities Affected by the Rule
The proposed rule will affect those that meet the statutory requirements under s.
255.04 (3) (c), Stats. These entities include:
1. Research universities with an approved federal-wide assurance Institutional Review Board (IRB.)
2. Hospitals with an approved federal-wide assurance IRB, or obtained approval from an institution that houses such an IRB.
3. National and state cancer organizations (such as the American Cancer Society) with an approved federal-wide assurance IRB, or obtained approval from an institution that houses such an IRB.
4. Private research institutes (such as Westat, RTI or the National Opinion Research Center) with an approved federal-wide assurance IRB, or obtained approval from an institution that houses such an IRB.
5. Private researchers who obtained approval from a federal-wide assurance IRB.
Estimate of Time Needed to Develop the Rule
The Department of Health Services estimates that approximately 75 hours will be needed.
Contact Information
Laura Stephenson
Division of Public Health
Phone: (608) 266-8926
Public Service Commission
Subject
Revises Chapter
PSC 118, relating to renewable resource credits.
Objective of the Rule
This rulemaking will revise ch.
PSC 118 to reflect changes found in
2009 Wis. Act 406 regarding renewable resource credits.
Policy Analysis
2009 Wis. Act 406 revises s.
196.378, Stats., regarding the creation of renewable resource credits by electric providers, and the inclusion in the renewable portfolio standard of resources that generate electric power from certain kinds of fuel, synthetic gas, or fuel pellets.
Statutory Authority
Comparison with Federal Regulations
Various federal regulations concern renewable energy, but the commission is not aware of any existing or proposed federal regulation in this specific area.
Entities Affected by the Rule
The rulemaking will affect all electric providers and wholesale suppliers. It may also affect the members or customers of an electric provider or a wholesale supplier.
Estimate of Time Needed to Develop the Rule
The commission estimates that approximately 500 hours of commission staff time will be required in this rulemaking. Commission staff may meet and consult with staff from other state agencies and members of the public during the course of this rulemaking.
Technical College System Board
Subject
Revises section
TCS 17.06, relating to training program grants.
Objective of the Rule
Chapter
TCS 17 relates to training grants for technical college districts that provide skills training or other education related to the needs of business. A 25% match is required as a condition of the grant awards. The proposed amendment would eliminate the match requirement.
Policy Analysis
Not applicable.
Statutory Authority
Comparison with Federal Regulations
Not applicable.
Entities Affected by the Rule
Wisconsin Technical Colleges or employers receiving funding under the grant.
Estimate of Time Needed to Develop the Rule
Minimal time will be spent and no additional resources will be needed.
Contact Information
Morna Foy, Executive Assistant/Vice President
Wisconsin Technical College System
Phone: (608) 266-2449
Transportation
Subject
Revises Chapter
Trans 132, relating to the temporary operation plate.
Objective of the Rule
Section
341.09, Stats., authorizes the Department of Transportation (DOT) to issue temporary operation plates or permits. This section provides that DOT shall specify the size, color, design, form and specifications for temporary operation plates, which DOT does in ch.
Trans 132. Trans 132 also specifies that the temporary operation plate shall be displayed on the rear of the vehicle.
Section
341.04 (1), Stats., requires an automobile or light truck (8,000 pounds or less) to display either a metal license plate or a temporary operation plate within 2 business days of the vehicle's sale or transfer.
The Division of Motor Vehicles (DMV) within DOT is developing an online program which will allow the public to apply for and receive title and registration for automobiles, light trucks (8,000 pounds or less) and motorcycles purchased through private (non-dealer) sales. To comply with s.
341.04 (1), Stats., DMV will issue a temporary operation plate that the online program prints on paper at the applicant's printer, and shall be displayed in the rear window of the vehicle. The temporary operation plate number, vehicle description, and owner information will be available to law enforcement, real time and online.
This rule making amends ch.
Trans 132 to specify size, color, design, form and specifications for temporary operation plates that DMV issues through the online program, and to specify display, usage, restrictions, and other similar requirements for this temporary operation plate.
Policy Analysis
Currently, DMV issues only a cardboard temporary operation plate. The temporary operation plate must be issued by hand or by mail from DMV inventory. With an online title and registration process, DMV must be able to issue a temporary operation plate immediately to a person after the person completes the online process. Otherwise, the registrant may not legally operate the vehicle until the metal plate arrives.
DMV has considered alternative ways to immediately provide a temporary operation plate to online title and registration customers. We considered mailing a cardboard temporary operation plate, but that would be only slightly quicker than mailing the metal plate. We considered requiring the customer to come to a DMV service center to obtain a temporary operation plate, but that defeats the benefit of online program – the customer might as well have DMV staff process the application and immediately obtain a metal plate.
DMV has concluded that a temporary operation plate printed on paper at the customer's printer and displayed in the rear window of the vehicle meets the requirement under s.
341.04, Stats. Since the temporary operation plate number and vehicle and owner identifying information will be available real time online to law enforcement, DMV has concluded that the risk of fraud or counterfeiting is minimized.
Statutory Authority
Comparison with Federal Regulations
No federal regulations apply to activities to be regulated by the proposed rule.
Entities Affected by the Rule
Any Wisconsin citizen who purchases a motor vehicle in a private (non-dealer) sale, and needs a temporary operation plate.
Law enforcement personnel will need to know about display and online look-up of vehicle and owner information.
DMV agents that provide intake of completed vehicle title and registration applications and issue temporary operation plates.
Estimate of Time Needed to Develop the Rule
80 hours.
Transportation
Subject
Revises Chapter
Trans 178, relating to the Unified Carrier Registration Agreement.
Objective of the Rule
Ch.
Trans 178 establishes provisions related to fees for motor carriers under the Unified Carrier Registration Agreement, consistent with federal law and regulation. Federal law and regulation changed the fee schedule beginning with 2010 fees, and also removed towed vehicles from the definition of commercial motor vehicle for the purpose of the Unified Carrier Registration program. As provided in s.
Trans 178.03 (2), the new fee schedule became effective in Wisconsin May 27, 2010. This rule making will replace the obsolete fee schedule with the new fee schedule and will eliminate the reference to towed vehicles in the definition of commercial motor vehicle [s.
Trans 178.02 (2)], to conform with federal law.
Policy Analysis
Ch.
Trans 178 conforms to federal law and regulation regarding Unified Carrier Registration definitions, eligibility, fee structure and schedule. Originally, UCR included towed vehicles (trailers) in the definition of commercial motor vehicles for the purposes of UCR; subsequently, federal law eliminated towed vehicles from the definition. In addition, federal regulation changed the fee schedule, beginning with 2010 fees. As provided in s.
Trans 178.03 (2), the new fee schedule became effective in Wisconsin May 27, 2010. Ch.
Trans 178 needs to be updated to reflect the new fee schedule and the removal of towed vehicles from the definition of commercial motor vehicle for purposes of UCR.
Statutory Authority
Comparison with Federal Regulations
Ch.
Trans 178 must conform to federal law and regulation related to the Unified Carrier Registration Agreement, and this rule making will update the rule to conform to changes in federal law and regulation.
Entities Affected by the Rule
Motor carrier fleets, brokers, freight forwarders that are subject to Unified Carrier Registration Agreement fee payments.
Estimate of Time Needed to Develop the Rule
40 hours.
Transportation
Subject
Revises Chapter
Trans 300, relating to safety-related standards for school buses.
Objective of the Rule
Chapter
Trans 300 governs and sets the standards for safe transportation of pupils and other authorized persons on school buses. It provides specific safety-related standards regarding the design, construction, inspection and operation of school buses. There have been a number of updates in the school bus industry as it relates to technology and manufacturing standards. Rule changes are needed to address these updates. Some of the proposed revisions relate to:
•
Mounting of video and audio recorders, currently addressed in s.
Trans 300.81.
•
Authorized optional equipment (e.g., navigation and passenger detection devices; laptop computers; theft detection devices; storage containers, AEDs, blood-born pathogen kits, hand sanitizer) currently in s.
Trans 300.81.
•
Interior and exterior lettering, adding optional and required lettering,
currently addressed in ss.
Trans 300.39 and
300.61.
•
Changes to lighting, lamps and reflector requirements, currently addressed in s.
Trans 300.54 and SAE J887
. Intended to develop regulations regarding the eight-light warning system and establish a time frame for implementation. Clarify flash rate of a strobed warning light. Develop language for background color of eight-light warning system.
•
Changes in color and trim color requirements, currently addressed in s.
Trans 300.34. Intended to remove paint requirement for rub rails and stop arm brackets. Intended to include back up lamp as an acceptable light to have a black background.
•
Clarify
pre-trip inspection and add requirements of employer and driver responsibilities; also clarify reporting requirements, currently addressed in ss.
Trans 300.15 and
300.16.
•
Safety belt installation--require compliance with FMVS22 for voluntary safety belt installation
not currently addressed in ch.
Trans 300. Section
Trans 300.59 and
FMVSS 222.
•
Specify location of book racks, currently addressed in s.
Trans 300.30.
Policy Analysis
Recent technology and industry manufacturing changes require that ch.
Trans 300 be revised and updated.
Statutory Authority
Comparison with Federal Regulations
The changes being proposed will conform to any federal regulations that exist in Title 49, Code of Federal Regulations, and industry standards in the Society of Automotive Engineers reference manual that pertain.
Entities Affected by the Rule
Wisconsin-based school buses and the industry that manufacturers and operates them would be affected by changes to this rule.
Estimate of Time Needed to Develop the Rule
200 hours.
