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.
Section 12. Trans 57.07 is amended to read:
Trans 57.07 Issuance of certificate. A certificate may be issued by the secretary, or his or her the secretary’s designee, if it is determined that the location of the proposed airport site is compatible with existing and planned transportation facilities in the area. A certificate does not waive or preempt compliance with any applicable ordinances, laws or regulations of any other governmental body or agency. The certificate is permanent.
Section 13 Trans 58.06 (3) (g) is amended to read:
Trans 58.06 (3) (g) Wisconsin American Indian Tribes.
Section 14. Trans 100.05 (3) (intro.) is amended to read:
Trans 100.05 (3) (intro.) Notwithstanding sub. (1), a law enforcement officer, emergency medical technician, first responder or fire fighter may request a reportable accident not be reported on a public abstract of his or her their driver record by submitting the approved form. The licensee must show that one or more of the following conditions existed at the time of the accident:
Section 15. Trans 100.15 (3) (a) is amended to read:
Trans 100.15 (3) (a) The person submits credible evidence to the department that he or she the person was not the driver or owner of the vehicle involved in the accident.
Section 16. Trans 100.18 (2) (b) is amended to read:
Trans 100.18 (2) (b) Tribal judgments. Upon receipt of a certified damage judgment naming a Wisconsin resident or licensed driver as judgment debtor from an American Indian tribal court in Wisconsin, the department shall provide notice of the receipt of the certification to the judgment debtor. The department shall suspend the operating privilege and motor vehicle registrations of the judgment debtor unless, within 30 days of the issuance of the notice by the department, the person satisfies one of the requirements of sub. (1) (a) to (i).
Section 17. Trans 101.07 (3) (Note) is amended to read:
Trans 101.07 (3) (Note) For example, if a driver who is suspended with 13 points completes a course, the driver's point reduction shall be applied to reduce his point total to 10 points and the case will be released. (Potentially making the driver eligible for reinstatement if he/she the driver is otherwise eligible for licensing). Similarly, a driver who has accumulated 10 points and attends traffic safety school would receive the 3-point reduction to seven points. If he the driver then received a 4-point assessment for a violation, his the driver’s point total will be 11 points and he the driver will not be subject to suspension. If a driver has 2 or fewer demerit points on his the driver’s record before attending driver school and accumulates an additional 12 demerit points after course completion, the Department will apply the demerit point reduction only to reduce the 2-point total the driver had before attending the school. [See subs. (1) (intro.) and (5)] Thus, upon using the reduction, this driver's demerit point total would be 12 points and the driver would be subject to a demerit point suspension.
Section 18. Trans 102.15 (3) (a) 2., 15. (intro.), (c) (Note), (5) (d), (5m) (b) 1., 3g. h., and (6m) (e) are amended to read:
Trans 102.15 (3) (a) 2. For a person born in another jurisdiction, other than a province of the Dominion of Canada, a certified copy of his or her the person’s birth certificate or the equivalent document from that other jurisdiction or a certificate of birth abroad issued by the U.S. department of state (federal form FS-545 or DS-1350);
15. (intro.) A Native An American Indian identification card meeting all of the following requirements:
(c) (Note) See, State v. Hansford, 219 Wis. 2d 226, 580 N.W.2d 171 (1998); 35 Wis. Op. Atty. Gen. 178, 179 (1946). This process may be used to overcome an error on a supporting document, such as a spelling error or incorrect name, to enable an applicant to receive an identification card in his or her the applicant’s legally correct name. (5) (d) Any person issued an identification card without charge for purposes of voting without a social security number as provided in par. (a) is required to provide his or her the person’s social security number on any subsequent application for an instruction permit or operator's license, unless another exception applies to that application.
(5m) (b) 1. If a person applies for and requests an identification card without charge for the purposes of voting and the person's proof of name and date of birth under sub. (3) or of proof of U.S. citizenship under sub. (3m) is unavailable, the person may make a written petition to the administrator for an exception to the requirement for which proof is unavailable. The department shall provide appropriate translation for any person who is unable to read or understand the petition process instructions and related communications under this subsection or sub. (6m). The petition shall include the person's statement under oath or affirmation of all of the following: that the person is unable to provide documentation under sub. (3) or proof of U.S. citizenship under sub. (3m); that the documents are unavailable to the person; and of his or her the person’s name, date of birth, place of birth, and such other birth record information requested by the department, or the person's alien or U.S. citizenship and immigration service number or U.S. citizenship certificate number.
3g. h. Other documentation deemed acceptable to the administrator, within his or her the administrator’s reasonable discretion.
(6m) (e) Address changes. Whenever any person, after receiving an identification card receipt under this subsection, moves from the address named in the application or in the receipt issued to him or her the person or is notified by the local authorities or by the postal authorities that the address so named has been changed, the person shall, within 30 days, notify the department of his or her the person’s change of address. Upon receiving a notice of change of address, the department shall promptly issue a new receipt under par. (a) showing the correct address and having the expiration date of the prior receipt.
Section 19. Trans 104.03 (5) (h) is amended to read:
Trans 104.03 (5) (h) The need for vehicle control in the proximity of sight-impaired pedestrians with vision impairments.
