Rule-making notices
Notice of Hearing
Optometry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Optometry Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
449.18 (7), Stats., and interpreting ss.
449.01 (1),
449.08 and
449.18 (7), Stats., the Optometry Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal the Note following s.
Opt 6.03 (2), the Note following ss.
Opt 6.04 (1), and
Opt 6.05 (4); to renumber s.
Opt 6.04 (2); to renumber and amend s.
Opt 6.05 (6); to amend the Note following ss.
Opt 5.10 (3),
Opt 5.16,
6.04 (1),
6.05 (2) (a) and
(b) and the Note following s.
Opt 6.05 (6); and to create ss.
Opt 5.02 (5),
5.08 (2) (d),
6.02 (3),
6.04 (2),
(6) and
(7) and
6.05 (6) (a) to
(o), relating to conduct, examinations, continuing education, and affecting small business.
Hearing Date, Time and Location
Date: June 2, 2005
Time: 9:30 A.M.
Location: 1400 East Washington Avenue
Room 180
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by June 12, 2005 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Explanation of agency authority: The Optometry Examining Board is authorized under ss.
449.07 and
449.08, Stats., to discipline optometrists for unprofessional conduct and under s.
449.18 (7), Stats., to require applicants for renewal to attend continuing education courses approved by the board.
Related statute or rule: There are no statutes or rules other than those listed above.
Plain language analysis:
SECTIONS 1 and 2. Under the current law, it is unprofessional conduct for an optometrist to fail to perform a minimum eye examination in certain instances. There are three exceptions to this provision in the current rules. In these rules, the board proposes to add a fourth exception which would permit an optometrist to perform a “limited eye screening" without having to perform a minimum eye examination. The proposed rules also include a definition of the term “limited eye screening."
SECTIONS 3 and 4. Under the current law, it is unprofessional conduct for an optometrist to fail to release, upon request by a patient and at no cost to the patient, a copy of the patient's contact lens prescription following release of the patient from contact lens fitting and initial follow-up care. In these rules, the board proposes to remove the language from the rules that conditions the release of a contact lens prescription upon a patient's request. This change is consistent with regulations recently adopted by the Federal Trade Commission.
SECTIONS 5 and 11. Under the current law, optometrists who hold certificates to use therapeutic pharmaceutical agents are required to complete 30 hours of continuing education biennially in order to renew their certifications. The current law does not limit the number of continuing education hours that may be obtained through alternative delivery methods such as home-study courses, self-study packages, computer courses, televideo conferencing, or other delivery methods. In these rules, the board proposes to limit the number of hours that may be obtained through alternative delivery methods to 6 hours per biennium. One exception to this limitation would be in instances where certificate holders submit evidence of “hardship." The proposed rules include a definition of the term “hardship."
SECTIONS 6 and 8 repeal Notes.
SECTION 9 renumbers a subsection.
SECTION 10. Under the current law, the 30 hours of continuing education that optometrists who hold certificates to use therapeutic pharmaceutical agents are required to complete biennially must relate to the diagnosis and management of eye disease or removal of superficial foreign bodies from the eye or from an appendage to the eye. In these rules, the board proposes to expand the subject matter of continuing education course work to include areas of practice that relate to the “practice of the profession of optometry" as defined in s.
449.01, Stats. Note that the board also proposes to limit the number of hours to six that may be claimed for subject matter that is not specifically related to the diagnosis and management of eye disease or removal of superficial foreign bodies from the eye or from an appendage to the eye.
SECTION 12. Under the current law, the 30 hours of continuing education that optometrists who hold certificates to use therapeutic pharmaceutical agents are required to complete biennially must relate to the diagnosis and management of eye disease or removal of superficial foreign bodies from the eye or from an appendage to the eye. In these rules, the board proposes to expand the subject matter of continuing education course work to include areas of practice that relate to the “practice of the profession of optometry" as defined in s.
449.01, Stats. Note that the board also proposes to limit the number of hours, to six, that may be claimed for subject matter that is not specifically related to the diagnosis and management of eye disease or removal of superficial foreign bodies from the eye or from an appendage to the eye.
SECTION 13 repeals a subsection.
SECTIONS 14 and 15. Under the current law, the board accepts continuing education course work approved by the Council on Optometric Practitioner Education (COPE). The law does not specify the subject matter of COPE courses that may be taken to satisfy the continuing education requirements. In these proposed rules, the board proposes to specify the subject matter of the COPE courses that may be taken to satisfy the continuing education requirements.
Summary of, and comparison with, existing or proposed federal regulation: The Federal Trade Commission requires a prescriber to provide a patient with a copy of a contact lens prescription when the prescriber completes a contact lens fitting, regardless of whether or not the patient makes a request for a copy of the prescription.
Comparison with rules in adjacent states
Minnesota:
The rules specify that under 145.712 Requirements for contact lenses prescriptions. Subdivision 1. Copy of prescription. An optometrist or physician must provide a copy of the patient's prescription upon completion of the patient's eye examination and fitting. An optometrist or physician may refuse to give a patient a copy of the patient's prescription until after the patient has paid for the eye examination and fitting, but only if the optometrist or physician would have required immediate payment from that patient if the examination had revealed that no ophthalmic goods were required.
The rules appear to be silent as to performing a “limited eye screening."
The rules under CE requirements are silent as to any provision or exemptions regarding a “hardship," credit hour limitations in any specific topic or courses approved by COPE. Minnesota does have provisions for acceptable CE requirements and limitations including 40 hours of CE are required in a biennium, allows 15 credits of CE courses received from an alternative delivery method, no more than 8 credits in a biennium may be taken in an optometry related topic, and accept courses approved by Cope (Minnesota R 6500.0900 to 5400.1700).
Michigan:
The rules are silent as to performing a “limited eye screening" and Contact Lens Release.
The rules under CE requirements are silent as to any provision or exemptions regarding a “hardship" and CE courses received from an alternating delivery method. However, the rules do have provisions for acceptable CE requirements and limitations including 40 hours of CE are required in a biennium, no more than 8 credits in a biennium may be taken in an optometry related topic, and accept courses approved by Cope (Michigan R 338.256, 338.256a, 338.256b).
More may be found at:
Illinois:
The rules have a provision which is similar to that of the “limited eye screening" and is allowed under Illinois Rules Section 1320.1200 regarding Visual Screening: defined as a limited series of ocular observations, measurements or tests provided without a fee to determine if a complete eye examination, as described in Section 1320.90, by a licensed optometrist or a physician licensed to practice medicine in all of its branches, is recommended.
3) When a visual screening is performed, the recipient of the screening shall be clearly informed in writing and shall receive a copy of the following:
A) Results and limitations of the screening;
B) That the screening is not representative of or a substitute for an eye exam;
C) That the screening will not result in a prescription for visual correction:
D) That visual screening referral criteria for a complete eye examination must meet accepted optometric professional standards criteria; and
E) The name and address of the charitable organization sponsoring the screening and the chairperson of the supervisory committee.
The rules appear to be silent as to the release of contact lens prescriptions.
The rules under CE requirements are silent regarding CE courses received from an alternative delivery method, courses offered by COPE (with the exception of out-of-state CE courses), and maximum CE credits per topic in a biennium. However, the rules do have provisions for receiving a waiver for CE requirements in cases of Hardship and 24 hours of CE are required in a biennium.
Iowa:
The rules appear to be silent as to performing a “limited eye screening."
The rules have a provision under Iowa Rules Chapter 182.3 (2) for the release of contact lens prescription stating: After the contact lenses have been adequately adapted and the patient released from initial follow-up care by the prescribing practitioner, the prescribing practitioner shall, upon request of the patient, provide a copy of the contact lens prescription, at no cost, for the duplication of the original contact lens.
The rules under CE courses received from an alternative delivery method, and CE credit limits per topic, with the exception of Ocular Disease (20 hours per biennium). The rules do specify an exception for a hardship under Iowa's Rule Chapters
645—181.9(154,272C) Continuing education exemption for disability or illness. The board may, in individual cases involving disability or illness, grant exemptions of the minimum continuing education requirements or extension of time within which to fulfill the same or make the required reports. Iowa also accepts courses approved by Cope.
Summary of factual data and analytical methodologies
No study resulting in the collection of factual data was used in reference to this rule-making effort. The primary methodology for revising the rule is the board's ongoing analysis and determination that a rule change is necessary.
Determination of significant fiscal effect on the private sector:
The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal estimate
The proposed rule will have minimal impact on the department's funds.
Effect on small business
These proposed rules are still being reviewed by the department's Small Business Review Advisory Committee to determine the economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
christopher.klein@drl.state.wi.us, or by calling (608) 266-8608.
Agency contact person
Pamela Haack, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495.
Place where comments are to be submitted and deadline for submission
Comments may be submitted to Pamela Haack at the Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 171, P.O. Box 89235, Madison, Wisconsin 53708-8935. Email to
pamela.haack@drl.state.wi.us. Comments must be received on or before June 13, 2005 to be included in the record of rule-making proceedings.
Text of Rule
SECTION 1. Opt 5.02 (5) is created to read:
Opt 5.02 (5) “Limited eye screening" means an event where no spectacle prescription, contact lens prescription or treatment or management plan is generated.
SECTION 2. Opt 5.08 (2) (d) is created to read:
Opt 5.08 (2) (d) Where a limited eye screening is performed.
SECTION 3. The Note following Opt 5.10 (3) is amended to read:
Note: Federal Trade Commission
Rule Rules 16 CFR 315.3 and 16 CFR 456.2 (a)
requires require the release of
a spectacle
prescription but does not require the release of a and contact lens
prescription prescriptions. Under s.
Opt 5.16, it is unprofessional conduct for an optometrist to fail to release,
upon request by a patient and at no cost to the patient, a copy of the patient's contact lens prescription following release of the patient from contact lens fitting and initial follow-up care.
SECTION 4. Opt 5.16 is amended to read:
Opt 5.16 Contact lens prescription release. It shall be unprofessional conduct for an optometrist to fail to release, upon request by a patient and at no cost to the patient, a copy of the patient's contact lens prescription following release of the patient from contact lens fitting and initial follow-up care.
SECTION 5. Opt 6.02 (3) is created to read:
Opt 6.02 (3) “Hardship" means serious illness, as determined by a licensed health care provider, or some other personal adversity, as determined by the board.
SECTION 6. The Note following Opt 6.03 (2) is repealed.
SECTION 7. Opt 6.04 (1) is amended to read:
Opt 6.04 Continuing education. (1) A certificate holder shall complete 30 hours of approved continuing education relating to diagnosis and management of eye disease or removal of superficial foreign bodies from the eye or from an appendage to the eye in each biennial registration period. Seven A minimum of 7 of the 30 hours must shall be in the diagnosis and management of approved glaucoma
education, and 2 of the 30 hours must relate to the responsible use of controlled substances and substance abuse concerns, new drugs used for ophthalmic therapeutic purposes which have been approved by the federal food and drug administration or other topics as designated by the board. Except as provided in sub. (2), approved continuing education hours shall relate to the diagnosis and management of eye disease or the removal of superficial foreign bodies from the eye or from an appendage to the eye.
SECTION 8. The Note following Opt 6.04 (1) is repealed.
SECTION 9. Opt 6.04 (2) is renumbered Opt 6.04 (2m).
SECTION 10. Opt 6.04 (2) is created to read:
Opt 6.04 (2) No more than a combined total of 6 hours of continuing education per biennium may be claimed for course work that relates to one or more of the following subject matter:
(a) Contact lens.
(b) Functional vision – pediatrics.
(c) General optometry.
(d) Low vision.
(e) Jurisprudence.
(f) Practice management.
SECTION 11. Opt 6.04 (6) and (7) are created to read:
Opt 6.04 (6) Except as provided in sub. (7), no more than a combined total of 6 hours of continuing education per biennium may be claimed for course work obtained through alternative delivery methods such as home-study courses, self-study packages, computer courses, televideo conferencing, or other delivery methods approved by the board under s.
Opt 6.05 (5).
(7) The board may permit a certificate holder to claim more than 6 hours of continuing education per biennium for course work obtained through alternative delivery methods such as home-study courses, self-study packages, computer courses, televideo conferencing, or other delivery methods approved by the board, if the credential holder submits evidence, satisfactory to the board, of hardship.
SECTION 12. Opt 6.05 (2) (a) and (b) are amended to read:
Opt 6.05 (2) (a) The subject matter of the course pertains to therapeutic pharmaceuticals, removal of superficial foreign bodies from the eye or from an appendage to the eye, responsible use of controlled substances and substance abuse concerns, new drugs used for ophthalmic therapeutic purposes which have been approved by the federal food and drug administration, or other topics as designated by the board the practice of optometry.
(b) The provider of the continuing education course agrees to monitor the attendance and furnish a certificate of attendance to each participant. The certificate of attendance shall certify successful completion of the course.
SECTION 13. Opt 6.05 (4) is repealed.
SECTION 14. Opt 6.05 (6) is renumbered Opt 6.05 (6) (intro.) and is amended to read:
Opt 6.05 (6) (intro.) A continuing education course approved by the council on optometric practitioner education Council on Optometric Practitioner Education (COPE) which satisfies the criteria established under sub. (2), and is included in one of the following categories established by COPE, may shall be approved by the board without receipt of a course approval application from the provider.:
SECTION 15. Opt 6.05 (6) (a) to (o) are created to read:
Opt 6.05 (6) (a) CL - Contact lens.
(b) FV - Functional vision – pediatrics.
(c) G – Glaucoma.
(d) GO - General optometry.
(e) JP – Jurisprudence.
(f) LV - Low vision.
(g) NO - Neuro-optometry.
(h) OS - Management of ophthalmic surgery.
(i) PD - Principles of diagnosis.
(j) PH – Pharmacology.
(k) PM - Practice management.
(L) RS - Refractive surgery management.
(m) SD - Systemic disease.
(n) TA - Treatment anterior segment.
(o) TP - Treatment posterior segment.
SECTION 16. The Note following Opt 6.05 (6) is amended to read:
Note: The Council on Optometric Practitioner Education (COPE) is a committee of the International Association of Boards of Examiners in Optometry, Inc., (IAB). An application for course approval by COPE may be obtained at 4330 East West Highway, Suite 1117, Bethesda, Maryland 20814-4408 1750 South Brentwood Boulevard, Suite 503, St. Louis, MO 63144-1341.
Notice of Hearing
Revenue
Notice is hereby given that, pursuant to s.
227.11 (2), Stats., and interpreting s.
70.32 (2r) (c), Stats., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the amendment of rules relating to 2005 agricultural use value.
Analysis Prepared by the Department of Revenue
Explanation of agency authority: Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Plain language analysis: Pursuant to s.
70.32 (2r) (c), the assessment of agricultural land is assessed according to the income that could be generated from its rental for agricultural use. Wisconsin Chapter
Tax 18 specifies the formula that is used to estimate the net rental income per acre. The formula estimates the net income per acre of land in corn production based on a 5-year average corn price per bushel, cost of corn production per bushel and corn yield per acre. The net income is divided by a capitalization rate that is based on a 5-year average interest rate for a medium-sized, 1-year adjustable rate mortgage and net tax rate for the property tax levy two years prior to the assessment year.
For reasons of data availability, there is a three-year lag in determining the 5-year average. Thus, the 2003 use value is based on the 5-year average corn price, cost and yield for the 1996-2000 period, and the capitalization rate is based on the 5-year average interest rate for the 1998-2002 period. The 2005 use value is to be based on the 5-year average corn price, cost and yield for the 1998-2002 period, and the capitalization rate is to be based on the 2000-2004 period.
The data for the 1998-2002 period yields negative net income per acre due to declining corn prices and increasing costs of corn production. As a result, reliance on data for the 1998-2002 period will result in negative use values.
Under the proposed rule order, the 2005 average net income per acre of agricultural land is to be based on corn yield, production and price data for the 1996-2000 period and interest and tax rate data for the 1998-2002 period as detailed in the summary of factual data section below.
Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states: The valuation of agricultural land in Illinois, Michigan and Minnesota are specified by statute; therefore, there are no administrative rules related to agricultural valuation in these states. The Iowa administrative rule related to agricultural valuation provides no detail regarding the formula used to calculate agricultural land value; reference is made to the Iowa real property appraisal manual.
Summary of factual data and analytical methodologies: Under the proposed rule order, the 2005 average net income per acre of agricultural land is to be based on the following:
•
the 5-year average corn yield per acre from 1996 to 2000,
•
the 5-year average market corn price per bushel from 1996 to 2000, and
•
the 5-year average cost of corn production per bushel from 1996 to 2000.
The rule also specifies that the 2005 use values will be based on a capitalization rate that is the sum of the following:
•
the 5-year average interest rate for a medium sized, 1-year adjustable rate mortgage for farm loans for the period from 1998 to 2002, and
•
the net property tax rate for each municipality for 2001 taxes, payable 2002.
Analysis and supporting documents used to determine effect on small business: The department has prepared a fiscal estimate regarding this proposed rule order. It was determined that there is not a significant fiscal effect on small business.
Effect on small business
This proposed rule order does not have a significant fiscal effect on small business.
Fiscal estimate
The proposed rule amending ch.
Tax 18 would have the effect of freezing the 2005 assessment of agricultural land at 2003 levels. The proposed permanent rule is identical to the emergency rule promulgated December 29, 2004.
Under the current rule, the 2005 use value of agricultural land would be based on the 5-year average corn price, cost and yield for the 1998-2002 period, and the capitalization rate is based on the 5-year average interest rate for the 2000-2004 period.
Using the data for these periods, it is estimated that agricultural land values would be negative. It is unclear how property with negative values would be taxed.
Under the proposed permanent rule, the 2005 use values are to be based on the same data used to calculate the 2003 use values. As a result, statewide agricultural land values will approximately equal the estimated 2005 value of $1.95 billion.
Under the proposed permanent rule, local assessors will apply 2003 unit values to calculate 2005 values; however, parcel records and land values will require updates due to new assessment ratios and possible changes in land use.
Under the proposed rule, there will be no loss of state forestry tax revenue. To the extent that the current rule would result in an exemption of agricultural land and therefore a loss of state forestry tax revenue, the proposed rule would result in an increase in $390,000 in state forestry tax revenues ($1.95 billion x .0002) relative to current law.
Agency contact person
Please contact Frank Humphrey at (608) 261-5364 or
fhumphre@dor.state.wi.us, with any questions regarding this proposed rule order.
Place where comments are to be submitted and deadline for submission: Comments are to be sent to the attention of the above-listed contact person at Department of Revenue, Mail Stop 6-97, 2135 Rimrock Road, P.O. Box 8971, Madison, WI 53708-8971. Comments must be submitted by June 2, 2005.
Text of Rule
Section 1: Tax 18.07 (1) (b) 6. and 7. and (1) (c) 7. are created to read as follows:
18.07 (1) (b) 6. To avoid negative use values in 2005, the 2005 average gross income per acre for each category of agricultural land shall be calculated as described in subd. 2, except that each category's 5-year average yield per acre shall be based on yield data from 1996 to 2000, and the 5-year average market price per unit of output shall be based on market price data from 1996 to 2000.
7. To avoid negative use values in 2005, the 2005 average total cost of production per acre for each category of agricultural land shall be calculated as described in subd. 3, except that the 5-year average cost of production per acre shall be based on cost data from 1996 to 2000.
18.07 (1) (c) 7. To avoid negative use values in 2005, the 2005 capitalization rate for each municipality shall be calculated as described in subd. 5, except the statewide moving average rate, as described in subd. 4, shall be based on data from 1998 to 2002, and the net tax rate for each municipality shall be based on 2001 taxes, payable 2002.
Initial Regulatory Flexibility Analysis
The proposed rule will have no adverse impact on small businesses.
Hearing Information
The hearing will be held at 9:00 A.M. on Thursday, May 26, 2005, in the Events Room (1st floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, Wisconsin.
Handicap access is available at the hearing location.
Comments on the Rule
Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person shown below no later than June 2, 2005, and will be given the same consideration as testimony presented at the hearing.
Contact Person
Frank Humphrey
Department of Revenue
Mail Stop 6-97
2135 Rimrock Road
P.O. Box 8971
Madison, WI 53708-8971
Telephone (608) 261-5364
E-mail fhumphre @dor.state.wi.us
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
343.10, Stats., and interpreting s.
343.10, Stats., the Department of Transportation will hold a public hearing in
Room 394 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
26th day of May, 2005, at
1:00 PM, to consider the amendment of ch.
Trans 117, Wisconsin Administrative Code, relating to CDL occupational licenses.
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.
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
Statutes interpreted: s.
343.10, Stats.
Statutory authority: s.
343.10, Stats.
Explanation of agency authority: The Department is authorized to issue occupational licenses under s.
343.10, Stats., to allow a person whose operating privileges are suspended or revoked to engage in an occupation, homemaking or study. Only licenses revoked under Chapter
343, ss.
767.303,
938.34 (14q),
943.21 (3m) or
961.50, Stats., are eligible for an occupational license.
Plain Language Analysis: This proposed rules modifies ch.
Trans 117, relating to occupational licenses. The Motor Carrier Safety Improvement Act of 1999 (MCSIA) forbids states from knowingly issuing a temporary license permitting a person to drive a commercial motor vehicle (CMV) while their driving privileges are revoked, suspended or cancelled, per CFR 384.210. Following federal requirements, the legislature eliminated statutory authority for CDL occupational licenses, effective September 30, 2005, by amendment to s.
343.10 (2) (c), Stats.,
2003 Wis. Act 33. These amendments to ch.
Trans 117 as required by the statutory change, remove all of the references to commercial occupational driver's licenses in the Department's occupational licensing rule.
References to s.
346.65 (6), Stats., throughout the chapter are no longer correct. The language allowing the courts authority to order an ignition interlock device is now found in s.
343.301 (1), Stats. The relevant provisions of ch.
Trans 117 are proposed to be amended accordingly. The rule also makes clear that any statutorily-mandated restriction will be imposed on any occupational license.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: As of September 30, 2005, federal law prohibits states from issuing an occupational license to operate a commercial motor vehicle. (
49 CFR 384.210)
2003 Wis. Act 33 and this rule making bring Wisconsin into compliance with that requirement.
Comparison with Rules in Adjacent States: As of September 30, 2005 all states are prohibited from issuing an occupational license to operate a commercial motor vehicle. (
49 CFR 384.210). This includes all adjacent states. Thus, Wisconsin law will be identical to all other states on this point. No state will issue CDL occupational licenses.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: The Department will not issue occupational licenses to operate a commercial motor vehicle after September 30, 2005 (s.
343.10 (2) (c), as amended by
2003 Wis. Act 33). Failure to comply would result in the loss of federal highway funding.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: This proposed rule could impact small businesses that employ commercial drivers. Any commercial driver who loses his or her driving privileges may be eligible for a Class D occupational license, however, they will not be able operate a commercial motor vehicle. In 2004, the Department issued 1,088 occupational licenses for commercial drivers. None of these drivers can be issued or hold an occupational license after September 30, 2005.
If a driver cannot operate a commercial motor vehicle, and it is part of their job duties to do so, the employee must be reassigned to duties that do not require the operation of a commercial motor vehicle. As an alternative, the small business may choose to terminate the employee for being unable to perform his or her job duties and hire someone else with a valid commercial driver's license.
The Department will enforce the rule by not issuing occupational licenses to operate commercial motor vehicles after September 30, 2005.
Fiscal Effect and Anticipated Costs Incurred by Private Sector: Small businesses might be adversely affected if the number of qualified, available drivers under MCSIA is reduced. Employers may find that they have to pay drivers a premium wage in order to continue to provide their current level of service.
The National Compensation Survey of Milwaukee-Racine, conducted in October 2003, found that transportation and material moving employees (includes truck drivers and industrial truck and tractor equipment operators) earned an average of $18.00 per hour. If 10% premium were applied to retain qualified, available drivers under MCSIA, this would cost a small business an additional $3744 per year. $18.00 * 10% = $1.80 * 2080 hours = $3744
The predicted fiscal impacts of the federal regulation, which imposed these new requirements upon states, were published in the Federal Register at Volume 67, No. 147, July 31, 2002, p. 49472. This federal register is available online at:
Place Where Comments are to be Submitted and Deadline for Submission: The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Erin Egan, Department of Transportation, Division of Motor Vehicles, Bureau of Driver Services, Room 351 Hill Farms, P.O. Box 7920, Madison WI 53707-7920. You may also contact Ms. Egan by phone at (608) 266-1449.
