• 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.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order affecting ch. PSC 160, relating to the provision of universal telecommunications service and administration of the universal service fund.
Effective 05-01-00.
An order affecting s. Tax 11.67, relating to service enterprises.
Effective 05-01-00.
The following administrative rule orders have been adopted and published in the March 31, 2000 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
(CR 99-87):
