General Summary of Proposed Rule. Ch. Trans 131 governs the operation of the Vehicle Emission Inspection Program. This rule making proposes to amend s. Trans 131.03 (2) (b) which requires a vehicle purchaser to obtain an emission test within 45 days after purchase, unless the vehicle had passed the emission test within 90 days before purchase. Existing policy is that the vehicle has to have been tested within 90 days before vehicle purchase. This provision was intended to assure that no more than 15 months would have passed between a vehicle's testing. However, the requirement dates from the time that tests were done manually. Currently, tests are done every two years, and the 90-day window is more restrictive than necessary. The Department proposes making the window 180 days instead of 90 days.
Text of Rule
Under the authority vested in the state of Wisconsin Department of Transportation by ss. 110.06, 110.20 and 227.11 (2), Stats., the Department of Transportation hereby proposes to amend a rule interpreting s. 110.20, Stats., relating to emission tests.
SECTION 1. Trans 131.03 (2) (b) is amended to read:
Trans 131.03 (2) (b) Within 45 days of an ownership change registration issuance for vehicles more than 5 model years old at the time of ownership change, unless the vehicle passed inspection within 90 180 days prior to such ownership change registration, or
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district or sewerage district. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Rule
Copies of this proposed rule can be obtained, without cost, by writing to Carson Frazier, Division of Motor Vehicles, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, Wisconsin 53707-7911, or by calling (608) 266-7857. Alternative formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Technical College System Board
Notice is hereby given that pursuant to ss. 38.305 (4), and 227.11, Stats., and interpreting s. 38.305, Stats., the Wisconsin Technical College System Board will hold a public hearing at the time and place indicated below to consider the creation of ch. TCS 16, relating to Technical and Occupational Program grants to students.
Hearing Information
The public hearing will be held:
Date and Time Location
May 1, 2000 WTCSB Board Room
Monday 310 Price Place
1:00 p.m. MADISON, WI
Analysis Prepared by the Technical College System Board
Statutory authority: s. 38.305 (4)
Statute interpreted: s. 38.305
The purpose of the rule is to implement and administer the awarding of grants to first-year students who are enrolled full-time at a technical college within three years of graduating from a Wisconsin high school and who maintain a grade point average of 2.0.
Section 38.305 (4), Stats., authorizes the Technical College System Board to establish, by administrative rule, policies and procedures to implement, and thereafter administer, the awarding of grants of $500 per school year for educational programs in occupational and technical areas. An eligible student may also receive a subsequent award of $500 for a second year of study.
When granting an award, the Board must determine the eligibility of the prospective student using the following criteria:
a) The student has enrolled in a technical college within 3 years of graduating from a Wisconsin high school;
b) The student is a first-year student at a technical college;
c) The student is enrolled full-time in an associate degree program or a vocational (technical) diploma program; and
d) The student maintains a grade point average of at least 2.0.
Certain policies and procedures, including the right to appeal adverse decisions affecting a student's initial or continued eligibility for receiving a grant, are contained in the rule.
Text of Rule
Section 1. Chapter TCS 16 (title) is created to read:
Chapter TCS 16
TECHNICAL AND OCCUPATIONAL PROGRAM GRANTS
TCS 16.01 Purpose. The purpose of this chapter is to establish procedures to implement and administer grants to students enrolling in technical and occupational educational programs at a Wisconsin technical college as authorized under s. 38.305, Stats.
TCS 16.02 Definitions. In this chapter:
(1)
“Associate degree program" has the meaning given in s. 38.01 (1), Stats.
(2) “
Board" means the Wisconsin technical college system board.
(3) “
State director" means the person appointed by the board under s. 38.04 (2), Stats.
(4) “
District" means a technical college district established under ch. 38, Stats.
(5) “
District board" means the district board in charge of the technical colleges of a district.
(6) “
District director" means the person employed by a district board under s. 38.12 (3) (a), Stats.
(7) “
Initial eligibility end date" is the date that a student's period of eligibility for an initial TOP grant ends. It is calculated from the first full month immediately following the date of high school graduation and ends on the last day of the 36th month.
(8) “
First-year student" for purposes of eligibility for a TOP grant, means any technical college student who has earned, completed, or received no more than 18 (eighteen) program credits from or at a technical college after graduating from high school. Any postsecondary program credit earned while serving on active duty shall not be counted against this credit limitation.
(9) “
Enrolled full-time" for purposes of TOP grant eligibility, means enrolled in at least 12 (twelve) program credits per semester.
(10) “
Grade point average or GPA" means the semester grade earned by a student, calculated by dividing the total grade points earned by the number of credits earned during the semester.
(11) “
Graduated from high school" for purposes of TOP grant eligibility, means having received a diploma in satisfaction of school board requirements under s. 118.33, Stats., or a high school equivalency diploma under s. 115.29 (4), Stats.
(12) “
Grant applicant" means any person who has applied for a TOP grant under this chapter.
(13) “
Grant or TOP grant" means a technical and occupational program grant for students as authorized under s. 38.305, Stats.
(14) “
Grant recipient" means a student who has been awarded a TOP grant under this chapter.
(15) “
Program credits" are those academic credits that count toward a board approved degree or diploma program.
(16) “
School year" has the meaning given in s. 38.01 (9), Stats.
(17) “
Student" means a person enrolled at a technical college.
(18) “
Technical college" means a Wisconsin technical college established under ch. 38, Stats.
(19) “
Technical diploma" is synonymous with vocational diploma.
(20) “
Vocational diploma program" has the meaning given in s. 38.01 (11), Stats.
TCS 16.02 Period of initial eligibility. (1) The eligibility period for an initial TOP grant begins on the date a person graduates from high school and ends on his or her initial eligibility end date.
(2) Unless a deferment has been granted under s. TCS 16.06 (1) (a) or (2), a student may not be awarded an initial TOP grant beyond his or her initial eligibility end date.
TCS 16.03 Initial TOP grant eligibility. A student is eligible for an initial TOP grant only upon meeting all of the following eligibility requirements:
(1) The student has graduated from high school as verified by the district;
(2) The student is a first-year student at a technical college;
(3) The student has enrolled full-time in a technical diploma or associate degree program; and
(4) The student is registered for classes that are scheduled to begin at the technical college on or before the student's initial eligibility end date, unless a deferment has been approved under s. TCS 16.06 (1) (a) or (2).
TCS 16.04 Awarding of the TOP grant. (1) A grant applicant meeting all of the eligibility criteria under s. TCS 16.03(1)-(4) shall receive an initial TOP grant of $250 to be applied toward a student's costs of tuition and fees at the beginning of the semester in which the student is eligible.
(2) A grant applicant meeting the eligibility criteria for the continuation of a TOP grant under s. TCS 16.05 (1) shall receive a TOP grant of $250 to be applied toward a student's costs of tuition and fees at the beginning of the semester in which a student is eligible.
(3) A grant recipient is eligible to receive up to 2 (two) TOP grants totaling no more than $500 (five hundred) per school year. In no case shall a grant recipient be awarded more than 4 (four) TOP grants in total.
(4) A student must receive all 4 (four) TOP grants within 6 (six) consecutive semesters, unless a general deferment has been approved under s. TCS 16.06 (1) in which case the following applies:
(a) If a student has received 1 (one) general deferment, then he or she must receive all TOP grants within 6 (six) consecutive semesters, plus 1 (one) fall or spring semester, whichever first follows these 6 (six) semesters.
(b) If a student has received 2 (two) general deferments, then he or she must receive all 4 (four) TOP grants within 6 (six) consecutive semesters, plus 1 (one) fall and 1 (one) spring semester immediately following those 6 (six) semesters.
TCS 16.05 Continuation of TOP grant eligibility. To receive a TOP grant for a 2nd, 3rd, or 4th semester after receiving an initial grant award, a student shall meet all of the following eligibility requirements:
(1) The student is not serving a probationary semester under s. TCS 16.07; and
(2) The student has enrolled full-time in a technical diploma or occupational associate degree program.
TCS 16.06 Deferment. (1) General. General deferments are given to either postpone a student's initial eligibility end date or extend the number of semesters in which a student must receive all of his or her TOP grants.
(a) Postponing initial eligibility. A person, who may otherwise meet the eligibility requirements for an initial TOP grant award under s. TCS 16.03, may request a general deferment for reasons owing to personal hardship, as determined by the district, anytime before the start of the semester for which a general deferment is requested and before a student's initial eligibility end date. A deferment approved under this paragraph shall stop the running of a student's initial eligibility date for the duration of that semester and any remaining TOP grant eligibility time shall be recalculated from the last day of the semester for which the deferment was approved.
(b) Extending continued eligibility. A student who has received a TOP grant under ss. TCS 16.03 or 16.05 may request a general deferment for reasons owing to personal hardship, as determined by the district, anytime before the start of the semester for which a general deferment is requested. A deferment approved under this paragraph shall extend the time in which a student has to receive all of his or her TOP grants. Deferments approved under this paragraph are subject to the provisions of s. TCS 16.04 (4).
(c) Number of deferments allowed. A person may apply for up to 2 general deferments under this subsection.
(2) Military deferment. A high school graduate, who may otherwise meet the eligibility requirements for a TOP grant under s. TCS 16.03 and who enters the U.S. armed forces on active duty before his or her initial eligibility end date, shall be eligible for a military deferment for up to 2 years. The time that a student serves on active duty in the U.S. armed forces shall stop the running of his or her initial eligibility end date and any remaining TOP grant eligibility time shall be calculated from the date of discharge from active duty. A deferment under this subsection shall be in addition to a deferment under sub. (1).
(3) Application. In order to receive a deferment, a student shall apply to the district director or designee. Application for a general deferment must be made before the start of the semester for which the deferment is requested. Application for a military deferment must be made within 30 days of discharge from active duty in the military service or before the end of the member's original initial eligibility end date, whichever is later.
(4) Approval. Each district shall establish policies for approving TOP grant deferments other than military deferments under sub. (2).
