Related Statute or Rule: Not applicable.
Plain Language Analysis: Executive Order #15 provides for each state agency to review its administrative rules and replace any derogatory or offensive terminology with current inclusive terminology. This includes replacing "mentally retarded" with "intellectually disabled," "mental retardation" with "intellectual disability," and "handicapped" with "disabled."
The Legislative Reference Bureau Bill Drafting Manual directs agencies to avoid disfavored terminology such as “disabled person” and “person who suffers from a disability (or other condition),” unless to conform language to federal law. The Legislative Reference Bureau Bill Drafting Manual also directs agencies to consult The Chicago Manual of Style if a question of style, grammar, or usage is not answered in the drafting manual. The Chicago Manual of Style states that, in general, it is best to “emphasize the person, not a characteristic.”
This proposed rule is intended to accomplish only terminology changes in existing rules to eliminate outdated language and replace language that is derogatory or offensive with current, inclusive terminology. This rulemaking is intended to leave the scope and subjects of existing rules unchanged, resulting in no substantive effect on any entity.
The below rule replaces “disabled persons” with “individuals with disabilities;” “elders” with “seniors;” and “Indian” or “Native American” with “American Indian.”
According to the Legislative Reference Bureau Bill Drafting Manual, the preferred terminology when referring to American Indian tribes, bands, or individuals is “American Indian.” Previously, the Trans code referred to American Indian tribes, bands, or individuals as “American Indian,” “Indian,” or “Native American,” interchangeably. This rule amends all references to “Indian” and “Native American” to “American Indian” for consistency and accuracy.
This rule also amends many references to gender-specific language, such as “his or her,” “he or she,” and “him or her” and replaces these pronouns to the corresponding nouns. The Legislative Reference Bureau Bill Drafting Manual directs each agency, when drafting new rules and revisiting existing rules, to eliminate all terminology that is not sex-neutral and avoid the repetitious use of phrases of “he or she” and “his or her.” The rule changes reflect every instance in which replacing the pronoun with the corresponding noun would not create undue confusion.
Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations: The Department is unaware of any existing or proposed federal language that would affect terminology used in this state’s administrative code.
Comparison with Rules in Adjacent States:
Illinois:
Upon a review of Illinois’ transportation rules, Illinois uses the terms, “handicap,” “handicapped,” and “elderly” sporadically. See 92 Ill. Adm. Code 445 App. A and App. B, 92 Ill. Adm. Code 534.210, 92 Ill. Adm. Code 651.103 and 651.301, 92 Ill. Adm. Code 1001.410 and 1001.420, and 92 Ill. Adm. Code 1040.20 and 1040.80.
Iowa:
Upon review of Iowa’s transportation rules, Iowa uses the term, “elderly,” on a very limited basis and does not use the terms, “handicap,” “handicapped,” “mentally retarded,” nor “mental retardation.” See Iowa Admin. Code 761-910.4(324A) App. and Iowa Admin. Code 761-411.2(321L).
Michigan:
Upon review of Michigan’s transportation rules, Michigan uses the term, “elderly,” on a very limited basis and does not use the terms, “handicap,” “handicapped,” “mentally retarded,” nor “mental retardation.” See Mich. Admin. Code R 247.4102, 247.4201, and 247.4202.
Minnesota:
Upon review of Minnesota’s transportation rules, Minnesota uses the term, “elderly,” throughout Minn. R. 8840. Minnesota’s transportation rules do not appear to use the terms, “handicap,” “handicapped,” “mentally retarded,” nor “mental retardation.”
Summary of the Factual Data and Analytical Methodologies: The Department has determined that the rule will not have a significant economic impact on a substantial number of small businesses, as the rule does not regulate small businesses.
Analysis Regarding Rule’s Effect on Small Businesses: Not applicable.
The agency contact person listed below is also the small business regulatory coordinator for this proposed rule. This proposed rule, fiscal estimate, and other related documents may be viewed at https://docs.legis.wisconsin.gov/code. Agency Contact Person:
Alicia Augsburger
State of Wisconsin Department of Transportation
Office of General Counsel
4822 Madison Yards Way Room S934
Madison, Wisconsin 53705
(608) 266-3353
Place Where Comments Should Be Submitted and Deadline: Comments may be submitted to the agency contact person listed above or through the Legislature’s Administrative Rules website http://docs.legis.wisconsin.gov/code until the deadline given in the forthcoming notice of public hearing. TEXT OF RULE
Section 1. Trans 1.015 (4m) and (5) are amended to read:
Trans 1.015 (4m) “Priority trips" means trips for elderly and disabled persons seniors or individuals with disabilities to medical, nutritional and work-related activities as required in s. 85.21 (4) (a), Stats. (5) “Space available" means passenger carrying capacity which is in excess of the capacity necessary to meet the transportation needs of elderly or disabled persons seniors and individuals with disabilities.
Section 2. Trans 1.02 (2) (b), (c), and (3) are amended to read:
Trans 1.02 (2) (b) For the purposes of determining a county's proportionate share, the department shall include all elderly and disabled persons seniors and individuals with disabilities who reside within that county.
(c) Disabled persons Individuals with disabilities who are age 65 or older shall be counted only once for aid allocation purposes.
(3) Subject to adjustments that ensure that each county receives not less than 0.5% of the total annual appropriation for the program, the amount of aids allocated to each county shall equal the total amount available for allocation for the calendar year multiplied by the ratio of the number of elderly and disabled persons seniors and individuals with disabilities in the county to the total number of elderly and disabled persons seniors and individuals with disabilities in Wisconsin.
Section 3. Trans 1.03 (1), (2) (c), and (d) are amended to read:
Trans 1.03 (1) A county shall use its allocated aid to provide or assist transportation services designed for use by elderly or disabled persons seniors or persons with disabilities. A county may, at its discretion, make these services also available to any other person on a space available basis.
(2) (c) Directly subsidize elderly or disabled senior passengers or passengers with disabilities for their use of transportation service;
(d) Reimburse elderly or disabled persons seniors or individuals with disabilities for use of their personal means of transportation, when prior approval of such transportation has been given by the county based on qualification standards which the county establishes;
Section 4. Trans 1.035 (1) (a) is amended to read:
Trans 1.035 (1) (a) Counties may establish the transportation of elderly and disabled persons seniors and individuals with disabilities to medical, nutritional and work-related activities as the priority for the specialized transportation services receiving program aid, as allowed under s. 85.21 (4) (a), Stats. A county may limit the use of its allocated aid to subsidize only those trips which are made for one or more of the purposes specified under s. 85.21 (4) (a), Stats. Section 5. Trans 1.04 is amended to read:
Trans 1.04 Accessibility. A county application for aids shall address the issue of the need for transportation services that are accessible to the developmentally and physically disabled population of individuals with developmental and physical disabilities of that county. A county shall describe its efforts to make accessible transportation available to all elderly and disabled individuals seniors and individuals with disabilities or prove that accessible transportation services are currently available.
Section 6. Trans 1.05 (3) is amended to read:
Trans 1.05 (3) All revenue received from passengers for transportation service shall be applied to approved elderly senior and disabled transportation projects. Counties may solicit revenue from passengers for non-transportation purposes if the solicitation indicates the intended use of the revenue.
Section 7. Trans 2.10 (1) (a) 6. and (b) 6. are amended to read:
Trans 2.10 (1) (a) 6. Elderly Senior and disabled citizen advocates;
(b) 6. Act on requests by local public bodies to be designated as coordinators of transportation services for elderly and disabled persons seniors and individuals with disabilities for the purpose of becoming eligible for assistance under the federal sec. 5310 program.
Section 8. Trans 3.03 (2) (a) is amended to read:
Trans 3.03 (2) (a) Since there are substantial differences among the various participating urban mass transit systems with respect to tariff schedules, elderly senior and disabled reduced fare programs, route service plans, subsystem arrangements, and operating procedures, no single method of calculating annual passenger trips is appropriate for every system. When reviewing a system's proposed election of the methods prescribed in sub. (1), the department shall determine whether its election will be appropriate for that system for the purpose of providing valid and reliable measure of that system's ridership and will allow that system's total to be comparable to the totals of all other participating systems.
Section 9. Trans 4.02 (8) is amended to read:
Trans 4.02 (8) “Subsystem" means that part of a transit system which provides special services to elderly or disabled persons seniors or individuals with disabilities.
Section 10. Trans 6.02 (2) is amended to read:
Trans 6.02 (2) “Eligible applicant” means a local public body or federally recognized American Indian tribal governing body.
Section 11. Trans 57.03 is amended to read:
Trans 57.03 Responsibility. The secretary, or his or her the secretary’s designee, may issue a certificate of airport site approval for a new airport upon determination that the location is compatible with existing and planned transportation facilities in the area.
