NOTICE IS HEREBY GIVEN that pursuant to s.38.41, Stats., and interpreting ss. 20.292 (1) (eh) and 38.41, Stats., the Wisconsin Technical College System Board will hold a public hearing to consider creation of rules relating to training program grants.
Hearing Information
Date:   January 4, 2006
Time:   1:30 p.m.
Location:   Wis. Technical College System Office
  345 West Washington Avenue
  First Floor Meeting Room
  Madison, Wisconsin
Analysis Prepared by the Wisconsin Technical College System Board
1. Statutes interpreted: Wis. Stats. s. 20.292 (1) (eh) and s. 38.41.
2. Statutory authority: Wis. Stats. s. 38.41.
3. Explanation of agency authority: Section 38.41 (4), Stats., authorizes the technical college system board to promulgate rules to implement and administer the awarding of grants to technical college district boards to provide skills training or other education related to the needs of business.
4. Related statute or rule: none
5. Plain language analysis: No grant award criteria are specified in statute. The purpose of the rule is to implement and administer the awarding of training program grants to technical college districts to provide skills training or other education related to the needs of business. To be eligible for grant awards, technical college districts will develop proposals with a business to provide skills training or education to improve employee skill levels, and workplace efficiency and productivity. Grant proposals will also be assessed for the extent to which the proposed training or education supports regional workforce and economic development efforts.
6. Summary of, and comparison with, existing or proposed federal regulations: not applicable
7. Comparison with rules in adjacent states: not applicable
8. Summary of factual data and analytical methodologies: not applicable
9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: not applicable
10. Effect on small business: Small businesses may access training or education through the training program grants, but there is no mandated participation in the program.
11. Agency contact person: Morna Foy, Executive Assistant, Wisconsin Technical College System, 345 W. Washington Ave, P.O. Box 7874, Madison, Wisconsin 53707-7874, telephone (608) 266-2449, e-mail morna.foy@wtcsytem.edu.
It is the policy of the Wisconsin Technical College System Board (WTCSB) to provide accommodations to persons with disabilities which may affect their ability to access or participate in WTCS activities. Persons may request assistance or reasonable accommodation for the scheduled public hearing by contacting Morna Foy at (608) 266-2449 or accessing the telecommunications device for the deaf at (608) 267-2483 on or before December 28, 2005.
12. Place where comments are to be submitted and deadline for submission: Written comments will be accepted by the agency contact person listed above until 4:00 p.m. on January 4, 2006. Written comments will be given the same consideration as testimony presented at the hearing. People submitting comments will not receive individual responses.
TEXT OF RULE
Section 1. Chapter TCS 17 (title) is created to read:
CHAPTER TCS 17 (title)
TRAINING PROGRAM GRANTS
TCS 17.01 PURPOSE. The purpose of this chapter is to establish procedures to implement and administer training grants to technical college districts to provide skills training or other education related to the needs of business s. 38.41, Stats.
TCS 17.02 DEFINITIONS. In this chapter:
(1) “Board" means the Technical College System Board established under ch. 15.94, Stats.
(2) “District" means a technical college district established under ch. 38, Stats.
(3) “District board" means the district board in charge of the technical colleges of a district.
(4) “Instructional Materials, Software, and Equipment" means instructional materials, software and equipment to be directly used or consumed by the business employees during instructional activities.
(5) “Staff Development" means learning activities that can be expressly designed to increase the expertise of a technical college district instructor who will deliver instruction described in the grant application.
(6) “Technical college" means a Wisconsin technical college established under ch. 38, Stats.
TCS 17.03 GENERAL . (1) Only technical college districts are eligible to apply for grants funds under this chapter.
(2) The Board shall approve grant guidelines and may update as needed. The guidelines shall contain application instructions, requirements and procedures, application deadline dates, allowable uses of funds, and award limits.
TCS 17.04 GRANT APPLICATIONS. (1) At times established by the board, a district may submit a proposal for a grant to provide skills training or other education related to the needs of business.
(2) Each grant proposal shall include all of the following:
(a) A description of the process used to identify both employee and company needs and the goals and expectations of the program.
(b) A description of the nature of the business receiving training as well as their products and or services, including a description of the impact of the business on the local or regional economy.
(c) A description of the allowable activities to be funded by the grant.
(d) A standard financial report and detailed budget.
TCS 17.05 GRANT AWARD CRITERIA. When considering approval or disapproval of a grant award, the board shall consider:
(1) Whether the grant proposal has sufficient financial resources to successfully provide the training or education as proposed in the grant proposal.
(2) The extent to which the proposed training or education will improve employee skill levels, workplace efficiency and productivity.
(3) The extent to which the proposed training or education will improve the availability of services to businesses and promote an increased investment in the development of incumbent workers.
(4) The extent to which the proposed training or services support regional workforce and economic development efforts.
TCS 17.06 CONDITIONS OF THE GRANT AWARD. (1) District boards or employers receiving skills training or education under the grant shall contribute matching funds, other than in-kind matching funds, equal to at least 25% of total approved project costs.
(2) Grant award funds, including matching funds, may not be used for administration, marketing, or indirect costs.
(3) The board may establish limitations on the percentage of the grant award funds and matching funds that may be used to purchase or lease instructional materials, software, equipment or supply items and that may be used to fund staff development costs. Such limitations shall be specified in the grant guidelines approved by the board under TCS 17.02 (2).
TCS 17.07 REPORTING REQUIREMENTS. (1) A district receiving a grant under this chapter shall submit to the board data and information on the use and effect of grant funds as specified in the grant guidelines approved by the board under TCS 17.02 (2).
Proposed Effective Date
The proposed effective date for this rule is May 1, 2006.
Final Regulatory Flexibility Analysis
Not applicable.
Fiscal Estimate
These rules implement s. 38.41, Wis. Stats., which requires the technical college system board to establish administrative rules to implement and administer training program grants.
The functions required by these rules can be absorbed within existing staff. Therefore, there is no fiscal effect on the agency. A fiscal estimate based on the fiscal effect of the authorizing statute may be obtained from the Wisconsin Technical College System Board upon request.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s. 343.02 (1) Stats., and interpreting s. 343.05 (4) (b) 1., Stats., the Department of Transportation will hold a public hearing in Room 254 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 11th day of January, 2006, at 2:00 PM, to consider the amendment of ch. Trans 102, Wisconsin Administrative Code, relating to the time period within which a person moving to Wisconsin may operate a motor vehicle under a driver license from his or her previous state of residence.
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. 343.05 (4) (b) 1., Stats.
Statutory authority: s. 343.02 (1), Stats.
Explanation of agency authority: Section 343.02(1), Stats., grants the Department responsibility for administering and enforcing Chapter 343, Stats., and authority to promulgate such rules as the secretary considers necessary for that purpose.
Related statute or rule:
Section 340.01 (37), the definition of "Nonresident" for the motor vehicle code.
Section 343.01 (2) (g), the definition of "Resident" for driver licensing purposes.
Section 343.06 (1) (k), which prohibits issuance of licenses to nonresidents.
Plain language analysis: Current law requires all persons to have driver licenses as a condition of operating a motor vehicle on a highway. Residents must hold a Wisconsin driver license. s. 343.05, Stats. Nonresidents must be at least 16 years old have a license from their home jurisdiction. Nothing in the statutes deals with the situation of a person moving to Wisconsin and establishing residence here. Statutorily, once a person establishes their one permanent home in this state, they cannot operate on the license from their old state of residence. The statutes do not provide any leeway or time period within which a person may operate on their out-of-state license upon moving to this state.
Because this circumstance arises frequently, WisDOT promulgated an administrative rule that provides a 30-day deadline for new residents to obtain a driver license. In practice, police agencies statewide do not arrest persons for driving without a driver license within the first 30 days after they move to this state following the spirit of the regulation.
In the past year, WisDOT has implemented new, more stringent proof of identity requirements as a condition of obtaining a Wisconsin driver license. Rather than simply accepting the out-of-state license as evidence of identity, the Department also requires documentation such as a certified birth certificate or passport.
DMV has found that person moving to this state often cannot obtain these required documents within 30 days of moving to this state. Accordingly, this rule making proposes to extend the time period within which people should obtain a Wisconsin driver license after moving to this state to 60 days.
Summary of, and preliminary comparison with, existing or proposed federal regulation: There is no federal legislation on this point. Federal CDL law, in fact, permits states to issue CDLs to drivers who are not residents of their states.
Comparison with Rules in Adjacent States:
Michigan: Michigan law does not appear to allow a driver any grace period. Mich. Comp. Laws, ss. 257.301 and 257.302.
Minnesota: Allows new resident 60 days to obtain Class D or M Minnesota license, 30 days to obtain a Minnesota CDL. s. 171.03, Minn. Stats.
Illinois: Allows new resident 90 days to obtain an Illinois driver license. 625 ILCS 5/6.102(7).
Iowa: License must be obtained immediately upon establishing residency in Iowa. s. 321.174, Iowa Code.
Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen: Not applicable.
Analysis and supporting documentation used to determine effect on small businesses: None.
Effect on small business: This proposed rule would have no effect on small business. The Department's Regulatory Review Coordinator may be contacted by e-mail at andrew.ruiz@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal effect and anticipated costs incurred by private sector: 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, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Agency contact person and 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, Office of Program Operations, Room 351, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Egan by phone at (608) 266-1449.
To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.
Notice of Hearing
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