Copies of Rule and Contact Person
Copies of this proposed rule can be obtained, without cost, by writing to Charles Teasdale, Division of State Patrol, 4802 Sheboygan Avenue, Room 551, P. O. Box 7912, Madison, WI 53707-7912, or by calling (608) 266-0305. Alternate formats of the proposed rule will be available to individuals upon request.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to s.
343.14 (2) (f), Stats., and interpreting s.
343.14 (2) (f), Stats., the Department of Transportation will hold a public hearing in
Room 115-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
15th day of
February,
2002, at
10:00 a.m., to consider the amendment of ch.
Trans 102, Wis. Adm. Code, relating to the issuance of driver's licenses and identification cards.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business on February 15, 2002, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Phil Alioto, Department of Transportation, Division of Motor Vehicles, Room 255, Hill Farms State Transportation Building, Madison, WI 53707-7907.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
This rule amends s.
Trans 102.15 (3) (a) 8. to require additional proof of identification documents from persons using a “parolee" or “refugee" version of the federal I-94 arrival departure record. The “parolee" or “refugee" version of the federal I-94 document is a standard I-94 document that is hand-stamped to indicate the possessor's parolee or refugee status. The document is not secure identification and can be easily forged.
Under the current regulation, such an I-94 document is accorded the same veracity as proof of identity as a passport or certified birth certificate. Refugees and parolees often leave their countries without passports or other identification documents, making it difficult for them to document their identities to the satisfaction of driver licensing agencies. The Department proposes to require persons having these types of I-94 documents as their sole source of identification to also provide the Department with a letter from their immigration sponsor and a copy of their Reception and Placement Program Assurance Form, which bears a photograph of the person. Applicants who are unable to provide a copy of this form may be issued an ID or driver license, but only after the U.S. Immigration and Naturalization Service verifies their identity, which can take up to 60 days.
These rules are proposed in response to the September 11, 2001, terrorist hijackings in the United States, and are intended to help uncover any possible terrorist attempting to obtain identification documents through the Wisconsin Department of Transportation. The Department expects it will need to make significant revisions to existing s.
Trans 102.15, which specifies what documents the Department will accept for identification purposes when issuing driver licenses or identification documents. This rule making is intended to immediately interrupt the possible use of forged federal I-94 documents as identification documents. The Department has no evidence of past improper use of these documents by terrorists.
Officials have confirmed that 15 of the 19 suspected hijackers involved in the September 11, 2001, incidents obtained US visas in Saudi Arabia. Saudi officials have insisted that the men who obtained the visas likely engaged in identity theft, and that there is no way of knowing if they really were Saudi citizens. These men would not have entered the U.S. as “parolees" or “refugees" and this rule making would not have any effect on terrorists attempting to obtain Wisconsin identification documents with Saudi passports or other official entry documents.
On November 21, 2001, the New York Times reported that to support their terrorism, terrorists have committed crimes including skimming money from a charity for Muslim orphans in Albania and robbing an Italian diplomat's home in Jordan. They acquired or forged seals from universities, border guards and the Saudi Arabian Interior Ministry. According to the Times, these extremists used the Muslim pilgrimages to Islamic holy sites in Saudi Arabia as a cover for recruiting new members or passing cash from one member to another. They moved money around the globe to bail members out of jail in Algeria or Canada, and to finance applications for political asylum and thus implant terrorist cells in Western Europe. This rule change could interrupt the mechanism for terrorists who have applied for or received asylum in the United States to obtain Wisconsin identification documents.
Accordingly, this rule is proposed as a mechanism to avoid issuing identification documents to any terrorist who has applied for asylum in the United States.
Text of Proposed Rule
Under the authority vested in the state of Wisconsin, department of transportation, by s.
343.14 (2) (f), Stats., the department of transportation hereby proposes to amend a rule interpreting s.
343.14 (2) (f), Stats., relating to the issuance of driver's licenses and identification cards.
Trans 102.15 (3) (a) 8. A federal I-94 “parole edition" or “refugees version" arrival-departure record, together with a certification, on the department's form, by the person, of the person's name and date of birth, a copy of a U.S. department of state refugee data center reception and placement program assurance form and a letter from the person's sponsoring agency on its letterhead, supporting the person's application for a Wisconsin ID or driver license and confirming the person's identification. Applicants who are unable to provide a reception and placement program assurance form may be issued a license, but only after their identification has been confirmed by the U.S. immigration and naturalization service;
Fiscal Estimate
The Department estimates there will be no direct fiscal estimate from this rule.
Initial Regulatory Flexibility Analysis
The provisions of this emergency rule have no effect on small businesses.
Copies of Rule and Contact Person
Copies of the rule may be obtained upon request, without cost, by writing to Phil Alioto, Division of Motor Vehicles, Hill Farms State Transportation Building, Room 255, Madison, WI 53707, or by calling (608) 266-0978. 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
Workforce Development
(Economic Support, Chs.
DWD 11 to
59)
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.155 (1d) and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules relating to day care certification.
Hearing Date, Time and Location
February 15, 2002 GEF 1 Building, Room B103
Friday 201 E. Washington Avenue
1:30 p.m. Madison, WI
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis of Proposed Rules
The proposed rules amend the certification requirements for child care providers who provide care and supervision of children whose care is subsidized under s.
49.155, Stats.
Training on SIDS prevention. The rules incorporate the requirement in
2001 Wisconsin Act 16 that all certified providers and their employees and volunteers receive training in the most current medically accepted methods of preventing sudden infant death syndrome if they will be providing care and supervision for children under one year of age. The provider, employee, or volunteer must receive this training before the provider is certified or the employment or volunteer work commences.
Certification process. The rules on the certification process are amended to require that the applicant's references not be related to the applicant. The county or tribal certification agency shall check references prior to granting the initial certification and may check references at certification renewal. The results of the TB test that is required prior to certification may be from a test given up to one year before the application date. The county or tribal agency will conduct an on-site inspection of the place where child care will be provided before certification or within 30 days following certification, recertification, or a provider's move to a new location. If the applicant is licensed or certified to care for children or adults separate from the proposed family day care, such as foster care or adult care, the county or tribal agency will request a statement for the appropriate regulating agency indicating that the regulating agency approves a child care business in the applicant's home. The request shall include a request for permission for the licensed or certified caregiver to release information necessary for criminal history record search for residents and clients in the applicant's home. The county or tribal certification agency shall provide information on child care and the certification system to applicants prior to initial certification. The information shall include materials on sudden infant death syndrome, child development, positive discipline, health and safety, and nutrition. The proposed rules also create a requirement that all new workers in a child care certification agency complete the department-approved training during the first 6 months of employment.
Certification denial, suspension, revocation, or refusal to renew. The proposed rules create additional reasons for which a county or tribal agency may deny, suspend, or revoke, or refuse to renew certification and discontinue payment, including the provider submits false attendance records to the child care subsidy administrative agency, the provider fails to cooperate with the certifying agency, the applicant's license or certificate to care for children or adults has been denied or revoked, the provider misrepresents or withholds information, or the provider denies the day care certification worker access to the premises to monitor compliance with the certification standards. The certifying agency shall require a provider to submit a new application for certification if the provider's previous certification was denied, revoked, or not renewed. The certifying agency may refuse to accept a new application for 2 years after the date of the denial, revocation, or refusal to renew the certification. A provider whose certification has been revoked twice for non-compliance with the certification standards shall be permanently barred from certification.
Level I training. The proposed rule specifies that the 15 hours of child care training that regular Level I certified providers receive shall include information on child growth and development, positive discipline, child abuse and neglect, interpersonal relationships, daily schedule, health and safety, sudden infant death syndrome, business practices, and nutrition.
Provider's home. The standards for the provider's home are amended to provide that firearms and ammunition shall be stored in separate, locked areas that are inaccessible to the children. Concrete and asphalt shall be prohibited under climbing equipment, swings, and slides. In-ground pools, on-ground pools with rigid sides, hot tubs, and large outdoor trampolines may not be used during hours of care and shall be inaccessible to children by use of a permanent barrier or other preventive measure. Wading pools may be used if the water is changed daily and the pool is disinfected daily. “Wading pool" is defined as a shallow pool, capable of being dumped to change water, and used primarily for small children. Pets that may pose any risk to the children shall be restricted from indoor and outdoor areas used for day care. The certifying agency may prohibit the use of a cellular phone as a primary phone. If a cellular phone is used as a primary phone, it shall be operational during the hours of child care. If the child care is provided in a rental property, the provider shall obtain permission from his or her landlord to operate a child care business. The requirement that water be tested for lead when a public water supply is not available is repealed because it has been found to be unnecessary and is not required of licensed child care providers.
Child health care. The standards on child health care are amended to require that the provider change a child's diaper on an easily cleanable surface that is cleaned with soap and water and a disinfectant solution after each use. The provider shall clean a child's superficial wound with soap and water only and protect it with a band-aid or bandage.
Supervision. The standards on supervision are amended to require that the provider's attendance records include the arrival and departure times for each child and that attendance records are stored at least 3 years.
Provider interaction with children. The standards on a provider's interaction with the children are amended to specify the following:
•
Prohibited discipline that is frightening to a child includes binding or trying to restrict the child's movement or enclosing the child in a confined space such as a closet, basement, locked room, box, or similar cubicle.
•
The provider shall provide positive guidance and redirection for the children and set clear limits for the children.
•
The provider shall help each child develop self-control, self-esteem, and respect for the rights of others.
•
The provider may not use time-out periods for a child under 3 years of age. A provider may use time-outs that do not exceed 5 minutes for a child who is 3 years old or older. A “time-out" is defined as an interruption of unacceptable behavior by the removal of the child from the situation.
•
The provider may not punish a child for lapses in toilet training.
•
The provider shall respond promptly to a crying infant or toddler's needs.
•
The provider shall provide physical contact and attention to each infant and toddler throughout the day, including holding, rocking, talking to, singing to, and taking on walks inside and outside the home.
•
The provider shall periodically change the position and location in the room of a non-walking child who is awake.
Children's activities. The standards on children's activities and equipment are amended to clarify that the requirement that each child engage in outdoor activities daily, weather permitting, includes infants and toddlers. The provider shall encourage each child to play with a variety of toys and equipment. Activities shall include opportunities for each child to be involved in a variety of activities during a week, including opportunities for play that enhance creativity, language development, use of large and small motor skills, and imagination. Activities shall also include reading to the children each day. There shall be opportunities for a non-walking child who can creep or crawl to move freely in a safe, clean, open, warm, and uncluttered area during each day.
Transporting children. The standards on transporting children are amended to require that a provider ensure that a written permission slip signed by a parent or guardian is on file and children are not left unattended in a vehicle.
Rest. The standards on rest are amended to require that each infant be placed to sleep on his or her back to reduce the risk of sudden infant death syndrome, unless otherwise directed by the child's physician. All sleeping arrangements for children under one year of age shall use firm mattresses and may not use soft bedding materials, such as comforters, pillows, fluffy blankets, or stuffed toys. A safe crib or playpen shall be available for each child under one year of age to use for napping.
Provider–parent communication. The standards on provider-parent communication are amended to require that the provider use information obtained on the department-provided “day care intake for child under 2 years" form, which collects essential information for infants and toddlers, to individualize the program of care for each child under 2 years of age. The provider shall inform a child's parent of any disciplinary action taken or any injury to the child that occurred during day care hours. The provider shall also inform the parent in writing of the amount of insurance coverage on the premises.
Monitoring compliance. The provider shall permit a day care certification worker to conduct home inspections to monitor compliance with the certification standards.
Initial Regulatory Flexibility Analysis
The proposed rules affect certified child care providers. The proposed changes require no significant professional skills or reporting or bookkeeping procedures for compliance with the rule.
Fiscal Impact
The proposed rule changes affect county and tribal child care certification agencies but the changes have no significant fiscal effect.
Contact Information
A paper copy may be obtained at no charge by contacting:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
201 E. Washington Avenue
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written Comments
Written comments on the proposed rules received at the above address no later than February 15, 2002, will be given the same consideration as testimony presented at the hearing.
