400 hours.
Transportation
Subject
Objective of the rule. 2005 Wisconsin Act 126 requires individuals applying for a driver's license or identification card to provide documentary proof of U.S. citizenship or legal presence in this country. This rule making will amend s.
Trans 102.15 (proof of identification) to include documentary proof of U.S. citizenship or legal presence, as required by
2005 Wisconsin Act 126.
Policy analysis
Current law requires applicants to provide proof of name and date of birth, identity and residency. This will require applicants to also provide proof of U.S. citizenship or legal presence. This rule making is required to comply with
2005 Wisconsin Act 126, which takes effect April 1, 2007.
Comparison with federal regulations
Proposed changes will move Wisconsin towards compliance with the federal REAL ID Act, which takes effect May 11, 2008.
Entities affected by the rule
Immigration advocacy groups
Law enforcement
Statutory authority
Staff time required
40 hours.
Transportation
Subject
This rulemaking will amend ch.
Trans 112, relating to the issuance of motor vehicle operator licenses to persons that have a medical condition that may affect their ability to exercise reasonable control over a motor vehicle. Currently, physicians are the only approved medical professionals allowed to submit to DMV medical information concerning drivers, or report drivers who may be medically unfit to drive. This rule making will allow Advanced Practice Nurse Prescribers (APNP) to complete and submit medical reports to the Department. In addition, the proposed changes will clarify the requirements of full or partial limb amputees to undergo a reevaluation by the Department to insure the amputation has not affected their ability to exercise reasonable control over a motor vehicle.
Section
343.12 (7), Stats., lists crimes the conviction for which disqualifies a person from possessing a license to drive a school bus. That statute both describes the offense and lists a statutory reference to that offense. That statute also disqualifies school bus drivers who are convicted under the laws of another state for crimes that would be a listed crime if committed in this state. In effect, the substance of the out-of-state conviction and its comparability to a disqualifying Wisconsin statute determines whether the out-of-state conviction is a disqualifying offense. Section
343.12 (8), Stats., requires the Department to promulgate rules listing additional disqualifying crimes and to establish the disqualification periods for those crimes. Several school bus drivers licensed by this state have been convicted of the offenses described in s.
343.12 (7), Stats., or described in ch.
Trans 112, Wis. Admin. Code, albeit under different statutory references. For example, drug convictions under chapter 961, Stats., are disqualifying offenses, but convictions of those described crimes prior to July 1996 appear as convictions under ch. 161, Stats. (ch. 161, Stats., was renumbered to ch. 961, Stats., by
1995 Wisconsin Act 448). The Department believes that s. 343.12 (7), Stats., intends to disqualify drivers convicted of those substantive crimes, even if the numeric statutory reference of the conviction is different from that listed. Because ch.
Trans 112 also contains numeric statutory references, the Department is amending the rule to clarify that the indicated period of disqualification applies to any individual convicted of the substantive crimes listed, even if the numeric statutory reference is different.
Policy analysis
APNP are currently authorized to verify a driver's eligibility for disabled license plate products and to submit an interim school bus medical report required by ch.
Trans 112. Amputation--this policy is a long-term past practice based under s.
343.16, Stats., but must be clarified to ensure continued fair and equitable use.
The alternative to specifying that the substance of a crime controls whether the driver is disqualified is to give controlling effect to the numeric statutory references. For example, persons who are convicted of a drug crime under ch.
161, Stats., before July 1996 would not be disqualified from driving a school bus, while persons convicted of the substantively identical crime after July 1996 are disqualified because that conviction occurred under ch.
961, Stats. This alternative would also allow future convictions to avoid being disqualifying offenses if the numeric references are changed. For example, if ch. 961, Stats., is one day renumbered to ch. 962, persons convicted under new ch. 962, Stats., would not be disqualified even though the substantive crime is unchanged.
Comparison with federal regulations
Federal regulations at
23 CFR 391.41(b)(1) and 391.41(b)(2) requires special testing of commercial drivers who lose a hand, arm or limb or have limb impairment. Federal regulations at
23 CFR 390.5 include advanced practice nurses (along with doctors of medicine, doctors of osteopathy, physician assistants and doctors of chiropractic) in the definition of “medical examiner."
Entities affected by the rule
Wisconsin and border state medical professionals, Wisconsin HMO and Hospital Organizations, drivers with medical and/or functional impairments, school bus companies, school bus drivers and the school districts that employ or contract for them, persons convicted of felonies under statutes since renumbered, persons missing hands, feet or limbs, or having impairment of limbs.
Statutory authority
Staff time required
40 hours.
