Analysis Prepared by the Wis. Dept. of Transportation
Statutory authority: ss. 343.32 (2) (bc) as created by s. 2749gg 1999 Wis. Act 9, 343.32 (2) (c) 2. as created by s. 2749gr of 1999 Wis. Act 9, 343.085 (1) (b) as created by s. 2734rh of 1999 Wis. Act 9, 343.06 (1) (cm) as created by s. 2734qd. of 1997 Wis. Act 9, 351.02 (1) (f), 343.02 (1), 85.16, s. 9150 (5g), 1999 Wis. Act 9.
Statutes interpreted: ss. 343.32 (2) (bc) as created by s. 2749gg 1999 Wis. Act 9, 343.32 (2) (c) 2. as created by s. 2749gr of 1999 Wis. Act 9, 343.085 (1) (b) as created by s. 2734rh of 1999 Wis. Act 9, 343.06 (1) (cm) as created by s. 2734qd. of 1997 Wis. Act 9, 351.02 (1) (f), 343.02 (1), 85.16, s. 9150 (5g), 1999 Wis. Act 9.
General Summary of Proposed Rule. 1999 Wis. Act 9, the 1999 budget bill, incorporated the provisions of 1999 AB 52 and established a Graduated Driver License (“GDL") system for Wisconsin. The general scheme of the legislation is to require drivers to practice more before obtaining their first drivers licenses, to restrict the types of driving activities they may engage in after first obtaining their licenses, and to penalize those that break traffic laws, such as speeding, more harshly than experienced drivers.
This proposed rule-making administratively interprets the GDL provisions of 1999 Wis. Act 9 and provides a framework for enforcement of the driver license restrictions applied to new drivers and to implement the harsher demerit point system applied to drivers that are subject to the new law.
In addition to implementing a GDL law, 1999 Wis. Act 9 also amended existing law to provide the Department with authority to regulate the copying of driver licenses. This rule proposes to implement that legislative directive by permitting any business to copy driver licenses for legitimate business purposes, provided they do not compile a library of photographs from the copies, nor sell them.
In addition, where administrative changes in rules being amended were already contemplated by the Department, those changes are incorporated into this rule-making.
Demerit Point Counting. 1999 Wis. Act 9 requires the Secretary to double demerit points assessed for second and subsequent traffic offenses to drivers who obtain probationary licenses or are eligible for probationary licensing after September 1, 2000. Under current ch. Trans 101, two extra points per offense are charged to a driver who commits such offenses. This rule making proposes to eliminate the current rule providing for only two extra points per offense and provides that all probationary drivers shall be subject to the same point doubling rules after September 1, 2000.
Under current law, a person who accumulates 12 demerit points in a one-year period is subject to a 2-month suspension. Act 9 requires that GDL holders receive 6 month license suspensions for accumulating 12 demerit points in a year. This rule-making proposes to implement this requirement, but retains the Department's current rule which calls for revoking or suspending the driver license of a driver who accumulates more than 30 points in a year.
As under current law, a driver's first traffic offense does not result in increased point assessments, but all subsequent offenses do. Unlike current law, safety equipment violations, such as speedometer violations, missing lights, or failure to buckle small children into child safety restraints cannot be enhanced. This rule-making proposes to amend ch. Trans 101 to conform to these new requirements.
License Eligibility - Clean Driver Record Requirement. Act 9 requires the Department to establish a list of offenses which, if committed within 6 months of application for a GDL, makes the person ineligible for licensing. The usual impact of this provision will be to delay an instruction permit holder who is ticketed for a traffic law violation from receiving his or her GDL.
This rule proposes to make any person committing a demerit point offense ineligible for licensing, except for equipment violations resulting in assessment of 2 points or less and illegal riding. Although Act 9 prohibits the doubling of demerit points for seat belt, child restraint and defective speedometer violations, this rule proposes to make drivers who commit those specific equipment violations ineligible for licensing for 6 months.
Restriction Extensions. Act 9 provides that all new drivers' licenses shall be restricted for the first 9 months they hold their GDL. Those extensions can be extended if the drivers commit certain offenses during that first 9 month period. The Department is required to promulgate rules defining which offenses will result in extension of the restrictions.
This rule-making proposes to extend GDL restrictions for drivers who commit any offense for which demerit points are assessed or any of the following:
• Underage “drinking and driving" offenses.
• Hit and run offenses.
• Offenses in other jurisdictions which, if committed in Wisconsin, would result in an extension.
Extensions will not, however, be required for drivers who commit any of the following offenses:
• Any violation of ch. 347, Stats., resulting in 2 or fewer demerit points except that child safety restraint, seat belt and defective speedometer violations will be used. (These are primarily equipment violations.)
• Illegal riding.
• Operating with Multiple Licenses.
• Operating without a license. [Required by 1999 Wis. Act 9 s. 9150 (5g)]
• Unlawful possession of a commercial driver license.
• Operating while suspended or revoked. [Required by 1999 Wis. Act 9 s. 9150 (5g)]
• Operating while disqualified.
Most of these offenses are not “moving violations" under Wisconsin law in that neither operating a motor vehicle nor being on duty time with respect to a commercial motor vehicle is an element of the offense, s. 343.01 (2) (cg), Stats. Under s. 343.085 (2m) (b) 1., the Department may only extend restrictions of drivers who are convicted of moving offenses. In addition, s. 9150 (5g) of 1999 Wis. Act 9 prohibits the Department from proposing in this rule draft to extend restrictions based upon conviction of any of the offenses set forth in that section.
Other Administrative Changes. The Department also proposes a few administrative housekeeping changes to the chapters affected by this GDL rule-making. Provisions are proposed that permit the Department to deny knowledge tests to applicants who repeatedly take and fail the tests unless they provide some evidence that they have taken a class or there is some other basis to believe they have improved the likelihood of their passing. The Department is faced with certain individuals who will take and retake these tests for months and who come no closer to passing them. This rule-making is intended to reduce the administrative burden of testing, testing and retesting these individuals when diminished capacities make them unable to pass driver knowledge tests.
The Department's nearly 10 years of experience testing CDL drivers has led it to conclude that it is not necessary to completely retest most drivers who fail an airbrake restriction, school bus or abbreviated skills test. Usually, these drivers are competent, but simply forgot to check one item (a score of 100% is federally required to pass). Retesting them on just the air brake portion of the test is usually sufficient. This rule does provide, however, that an examiner may require a complete skills test if the results of a renewal test lead the examiner to question the driver's competence to operate commercial motor vehicles.
Effective Date. This rule becomes effective September 1, 2000, the effective date for the graduated driver license provisions of 1999 Wis. Act 9. These rules apply to all persons holding probationary licenses or graduated driver licenses after that date.
Fiscal Estimate
Act 9, as it relates to Graduated Driver Licensing, will directly impact approximately 103,600 16- and 17-year-old drivers. Cost and revenue impact are as follows:
The Department of Transportation will incur:
1) $383,700 in one-time costs:
• $292,700 for 476 DP development days or 2.6 programmers for 9 months to complete computer system changes.
• $ 91,000 for public awareness, materials and training.
2) $41,100 net ongoing cost increase including an additional 1 FTE in DMV for additional customer contacts and processing.
3) $57,400 net ongoing revenue increase related to instruction permits processed.
Local Costs
1) Courts incur an indeterminable cost increase and related revenue increase from the additional operating while suspended convictions due to an increase in demerit point suspensions.
2) The Wisconsin Technical College System (WTCS) will incur an indeterminable cost increase and related revenue increase from additional attendees in traffic safety school due to an increase in attendance in point reduction classes.
Initial Regulatory Flexibility Analysis
This rule-making will have no effect on small businesses, except that it may increase revenues to commercial driving schools to the extent that some parents may have commercial schools provide their children with the training needed to meet the 30 hour practice driving requirements for driver licensing.
Copies of Proposed Rule and Contact Information
Copies of this proposed rule may be obtained upon request, without cost, by writing to John Alley, Department of Transportation, Bureau of Driver Services, Room 351, P. O. Box 7920, Madison, WI 53707-7920, or by calling (608) 266-0614. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Veterans Affairs
Notice is hereby given that the Department of Veterans Affairs will hold a public hearing on the 14th
day of April, 2000, at 9:00 a.m., in the 8th floor board room at 30 West Mifflin Street in Madison, Wisconsin.
Analysis Prepared by the Department of Veterans Affairs
Statutory authority: ss. 45.35 (3) and (14) (h) and 45.356 (7)
Statutes interpreted: ss. 45.35 (14) (h), 45.351 (lj), and 45.356
In relation to the health care aid grant program, the proposed rule would raise the income eligibility limit for low income applicants on January 1 rather than on July 1 of each year. The increase in the eligibility limit would then coincide with cost of living adjustments for federal benefit programs and assure continued eligibility for low income veterans.
In relation to the personal loan program, the proposed rule would permit each spouse in a married couple, in which both spouses are veterans, the opportunity to receive a personal loan in the amount of $10,000, or an aggregate amount of $20,000. Under current rules, such a couple would be limited to an aggregate amount of $10,000 in personal loan program proceeds. It would recognize the service of each veteran under these circumstances.
In relation to tribal grant agreements, the proposed rule would identify the eligibility criteria for federally recognized American Indian tribes and bands who seek to receive a service officer grant. The legislature created the program through the enactment of 1999 Wis. Act 9 and directed the department to promulgate rules to implement the program.
Internal Regulatory Flexibility Analysis
This rule is not expected to have an adverse impact on small businesses.
Fiscal Estimate and Contact Person
A copy of the proposed rules and the full fiscal estimate may be obtained by writing to:
John Rosinski
Wisconsin Department of Veterans Affairs
P.O. Box 7843
Madison, WI 53707-7843
Telephone (608) 266-7916
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Ch. CVRB 1 - Relating to the review of complaints alleging violations of the rights of crime victims.
S. ETF 20.25 (1) - Relating to the distribution to annuitants of the total amount distributed from the transaction amortization account to the annuity reserve under the non-statutory provisions of 1999 Wis. Act 11.
SS. ETF 10.31 and 10.35 - Relating to participation in the variable trust fund.
SS. ETF 10.01 (1k) and 20.19 - Relating to the Department's interpretation of what Wisconsin Retirement System (WRS) creditable service is considered to be performed before January 1, 2000 (versus considered to be performed on or after that date) under 1999 Wis. Act 11.
Financial Institutions-Securities
(CR 00-17):
S. DFI-Sec 5.01 (4) (b) and (e) - Relating to investment adviser representative competency examination grandfathering provisions.
S. Ins 6.57 (4) - Relating to listing fees for resident agents.
Ch. VA 4 - Relating to the primary mortgage loan program.
