October 19, 2007   Room 606
Friday at 1:00 p.m.   GEF #2 Office Building
      101 S. Webster Street
      Madison, WI
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kent Van Horn at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The proposed changes will not result in any significant changes in spending or revenue. There are no government costs anticipated due to the provisions of this rule.
Submission of Comments
Written comments on the emergency rule may be submitted to Mr. Kent Van Horn, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than October 23, 2007. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule may be obtained from Mr. Van Horn. The emergency rule may be reviewed and comments electronically submitted at the following internet site: http://adminrules.wisconsin.gov.
Notice of Hearing
Natural Resources
(Environmental Protection-Air Pollution Control, Chs. NR 400—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 285.11 (1) and (6) and 285.21 (1) (a), Stats., interpreting s. 285.21 (1) (a), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 404 and 484, Wis. Adm. Code, relating to ambient air quality standards for total suspended particulates (TSP) and particulate matter (PM) and affecting small business. The State Implementation Plan developed under s. 285.11(6), Stats., is also revised. The proposed rule will repeal ambient air standards for TSP and annual PM10 from ch. NR 404 and federal monitoring requirements for TSP and annual PM10 from ch. NR 484. The proposed rule will adopt U.S. Environmental Protection Agency promulgated national ambient air quality standards (NAAQS) for PM2.5 into ch. NR 404 and incorporate the corresponding federal PM2.5 monitoring requirements for that ambient air standards into ch. NR 484.
The proposed rules would assure that the Wisconsin Administrative Code is consistent with the NAAQS for particulate matter, as required under s. 285.21 (1) (a), Stats., and reflect the science of particle pollution effects on human health. If any areas in the state are designated as nonattainment for the new air quality standards, the Department is required to develop an air quality state implementation plan to ensure that the ambient air quality standards are attained and maintained in those areas.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Any small business emitting particulate matter.
b. Description of reporting and bookkeeping procedures required: No new state procedures are required.
c. Description of professional skills required. No new skills are required.
The Department's Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
October 12, 2007   Room G09, GEF #2 Building
Fridayat 1:30 p.m.   101 South Webster
      Madison, WI
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at (608) 266-2856 or by e-mail at Robert.Eckdale@wisconsin.gov with specific information on your request at least 10 days before the date of the scheduled hearing.
The proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order No. AM-23-07). Written comments on the proposed rule may be submitted via U.S. mail to Mr. Bill Adamski, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to William.Adamski@wisconsin.gov. Comments may be submitted until October 22, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 266-2856.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss. 85.16, 343.02 (1), 343.32 (2) (a) and (5), Stats., and interpreting s. 343.32, Stats., the Department of Transportation will hold a public hearing in Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 1st day of October, 2007, at 1:30 PM, to consider the amendment of ch. Trans 101, Wisconsin Administrative Code, relating to the demerit point system.
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.
Analysis Prepared by the Department of Transportation
Statute interpreted
Section 343.32, Stats.
Statutory authority
Sections 85.16, 343.02 (1), 343.32 (2) (a) and (5), Stats.
Explanation of agency authority
Section 343.32 (2) (a), Stats., permits the Secretary to suspend a person's operating privilege if the person appears by the records of the department to be a habitually reckless or negligent operator of a motor vehicle or to have repeatedly violated any of the state traffic laws, any local ordinance enacted under ch. 349 or any traffic laws enacted by a federally recognized American Indian tribe or band in this state if the tribal traffic laws violated strictly conform to provisions in chs. 341 to 348 or, if the offense occurred on a federal military installation located in this state, any federal law which is in strict conformity with a state traffic law. The Department has used a demerit point system to accomplish this end since 1958. The statute permits the Secretary to adopt by rule a method of weighing traffic convictions by their seriousness and allows the Secretary to change that weighted scale “as experience or the accident frequency in the state makes necessary or desirable," though much flexibility in the system has been eliminated over the years by statutory amendment mandating specific assignment of demerit points, suspension of operating privileges at specific point levels and doubling of demerit point assessments for probationary drivers.
Section 343.32 (5), Stats., provides that the secretary also may provide by rule for a reduction of points if a person shows to the department satisfactory evidence of completion of a course of instruction in traffic safety, defensive driving or similar course or driver improvement counseling approved by the secretary.
Related statute or rule
Section 343.44, Stats. Persons whose operating privileges are suspended under s. 343.32 (2), Stats., as a result of demerit point accumulation are subject to prosecution for operating after suspension if they continue to operate motor vehicles.
Plain language analysis
The proposed rule makes the following changes to Wisconsin's demerit point system:
  Violations will only be used once to create a point case.
  No convictions that result in a withdrawal will be used in a point case, unless the withdrawal is a disqualification under s. 343.315, or if the underlying convictions results in a withdrawal for failure to pay or for a habitual traffic offender revocation.
  An existing point case may be amended, if a driver is still suspended and the additional convictions are within one year of each other by date of violation.
  For persons who are subject to a court-ordered suspension, as well as a suspension for a point case, the longer suspension period will apply.
  Revocation language for demerit point cases has been removed, as all point withdrawals are now suspensions due to 1997 Wisconsin Act 84.
  Completion of point reduction school may be used to reduce points assessed against a driver's license that has already been suspended.
  Point reduction is allowed every three years.
No specific effective date is provided in this rule. DMV will need to reprogram its systems in order to implement this rule making. (DMV is rewriting the computer systems associated with demerit point suspensions in any event, and the simplification of the system proposed in these rules reduces the complexity of that task and, therefore, the cost of rewriting the system.) When DMV knows that the system will be ready to use on a specific date, it will publish an independent notice in the administrative register announcing the effective date. The date may well be something other than the first day of a month. Historically, WisDOT has implemented major computer system changes over weekends to provide time for programmers to react to any unexpected difficulties.
Comparison with federal regulations
Driver improvement programs are state functions.
Comparison with adjacent states
Michigan: Michigan has a driver responsibility program. This program assesses a driver responsibility fee for drivers who accumulate seven or more points in a two-year period (Category 1) or are convicted of specific qualifying offenses (Category 2). If a driver fails to pay the driver responsibility fee, their license is suspended.
Under Category 1, offenses such as careless driving, drag racing, speeding, improper turn, following too close, failure to yield, failure to obey signal and improper use of lights result in a point assessment under Category 1. The fees begin at $100 and increase by $50 for each additional point above seven points, and are assessed yearly.
A sample of Category 2 offenses and fees are:
  Operating While Intoxicated - $1000
  Reckless Driving - $500
  No proof of insurance - $200
  Operating on Expired License - $150
Fees are paid directly to the Michigan Department of the Treasury, and are imposed in addition to any fee or forfeiture imposed by the court.
Minnesota: The commissioner of the Minnesota Department of Safety may administratively suspend a driver's license for a number reasons, including habitual reckless or negligent operation of a motor vehicle or being a habitual violator of state traffic laws.
Illinois: A driver's license will be suspended for three traffic violations committed within any 12-month period. For drivers under age 21, two traffic violations within any 24-month period will result in a suspension. Drivers under age 18 must successfully complete a driver remedial education course to reinstate driving privileges. The length of the suspension varies according to the seriousness of the traffic offenses.
Iowa: Three countable offenses within 12 months or a speeding violation of 25+ miles per hour over the limit results in driver improvement school. Countable offenses include all moving violations, except for certain speeding offenses less than 10 mph over the limit, parking violations, equipment violations, and failure to appear.
After successful completion of the driver improvement program, a driver is on probation for one year. A driver convicted of a moving violation while on probation, will have their license suspended. Failure to complete the driver improvement program also results in a license suspension.
Summary of factual data and analytical methodologies
In 2006, there were 33,569 driver license suspensions because a person accumulated too many points. Currently, someone that accumulates more than 12 demerit points in a 12-month period, based on the date of violation, will be suspended.
The Department expects the number of driver's license suspensions for points to decrease. This proposed rule making allows someone to receive a 3 demerit point reduction for attending traffic safety school every 3 years, instead of 5 years currently allowed under the existing rule. As such, people will have an additional opportunity to reduce their points that does not exist today.
It is difficult to estimate exactly how many people will take advantage of this proposed change, since people have many reasons to attend traffic safety school. Some are required to attend traffic safety school (Group Dynamics) for an impaired driving conviction, while others attend traffic safety school to learn how to operate a motorcycle (Basic Rider Education). Some judges also require a person to attend traffic safety school for other reasons. As such, we have no clear data that shows how many people attend traffic safety school simply for the point reduction.
Analysis and supporting documentation used to determine effect on small businesses
There should be no detrimental impact on small business. The changes being proposed to ch. Trans 101 will likely cause a slight decrease in the number of persons whose driver's license is administratively suspended for points. As such, there will be more persons with valid driver's licenses available to employers.
Small Business Analysis
There will be no significant adverse effect on small businesses. The Department's Regulatory Review Coordinator may be contacted by e-mail at ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Estimate
Vocational, technical and adult education districts will see a slight increase in tuition paid, as technical colleges offer point reduction school. Under the proposed rule, people will be eligible for point reduction every three years instead of five years. The Department will see a slight decrease in reinstatement and occupational license fees, as the changes will likely cause a slight decrease in the number of persons who are administratively suspended for points.
Anticipated Costs Incurred by Private Sector
The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Agency Contact Person and Submission of Comments
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 Mary Jackson, Department of Transportation, Bureau of Driver Services, Driving Privileges and Withdrawals Unit, Room 305, P. O. Box 7917, Madison, WI 53707-7917. You may also contact Ms. Jackson by phone at (608) 264-7173 or via e-mail: mary.jackson@dot.state.wi.us.
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.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.