This language in ch. Trans 101 has a long history. The implementation of the policy, however, has changed dramatically over time as staff resources for handling Department workload have diminished. At one point, probably as recently as the late 1970's or early 1980's, there was a concerted effort to collect licenses from drivers when they appeared in court or by sending law enforcement officers or driver license examiners out to the person's home. Since there is no research to support the premise that taking the license document prevents or dissuades people from driving, this use of valuable resources for this purpose was discontinued.
Until about 1996, a person could surrender a driver's license at one of the Division of Motor Vehicles field offices throughout the state and have it returned to the central office in Madison for recording on the driver licensing system. The Division discontinued taking the license in 1996, because of the staff time required to handle the licenses in the field.
In 1996, the Division fully implemented a computer image system to store documents and eliminate all paper files for revocations and suspensions cases. Currently, the Division has no file system in which to store driver licenses. For the few licenses, about 10,000 per year, that are sent into the Madison central office, the Division keys a surrender date and destroys the license. Last year, the Division completed 333,000 license revocations or suspensions. The current system -- with a small number of surrenders being keyed online -- results in very unequal application of this portion of ch. Trans 101.
There are two possible alternatives to the proposal of eliminating surrender date:
• Continue the existing system of inconsistently using surrender date in determining the effective date of withdrawal cases.
• Allocate sufficient staff resources to collecting, recording and storing licenses to be able to apply consistently a surrender effective date.
Neither alternative would require a rule change. Making no change, however, would continue the current inconsistent system at a cost in lost processor time for no perceivable benefit. Allocating resources to collect invalid licenses is not possible without significant budget changes to pay for the staffpower required to carry out that work.
Statutory authority for the rule:
Section 343.32 (2) (a), Stats.
Estimate of the amount of time that state employes will spend developing the rule and of other resources necessary to develop the rule:
35 hours
Workforce Development
(Prevailing Wage Rates, Chs. DWD 290
to 294)
Subject:
Chs. DWD 290 and 294 - Relating to prevailing wage rates.
Description of policy issues:
Objective of the proposed rule:
In 1995 Wis. Act 215 created the first major update of Wisconsin's prevailing wage laws since the inception of those in the 1930's. The proposed rules attempt to update the Department's regulations to reflect the recent changes in the statutes. The proposals also incorporate into the rules some long-standing Department policies. Finally, the proposed rule contains changes concerning a few issues agreed upon by a focus group representing all of the major parties with interests related to these rules.
Proposed changes:
Prior to the passage of Act 215, the Department maintained separate administrative rules for s. 66.293, Stats., (ch. DWD 290) and s. 103.49, Stats., (ch. DWD 292). With passage of Act 215, the Department repealed ch. DWD 292. Chapter DWD 290 was then intended to apply both to ss. 66.293 and 103.49, Stats. Unfortunately ch. DWD 290 failed to contain some references to s. 103.49, Stats. The proposed rule corrects these omissions.
Passage of Act 215 changed some terminology used in the statutes. The proposed rule modifies the current rule to use the new terminology. For example, the term “municipality” was changed in the law to refer to “local governmental unit.”
Over the past three years the Department met with industry and labor leaders to reach a common policy which could be applied in certain circumstances. One of these problem areas concerned the payment of fringe benefits for apprentices. The parties agreed to adopt a rule that would set a standard practice of paying fringe benefits to apprentices on public works projects. Previously, there was no set standard in this area. Even with union contracts, the various unions had no one set manner for dealing with this issue.
The focus group also agreed that any supply and installation work performed on the site of a project would be covered by state prevailing wage rates. Previously under certain circumstances the Department had exempted supply and installation work performed on the site of the public project from the state prevailing wage rates.
Another area upon which the focus group reached agreement concerned the definition of cross-classification work. The Department had a long-standing policy of allowing workers to work in more than one classification up to twenty percent of a given work week on a public project without having to receive a separate pay rate for the second classification of work. The focus group agreed to adopt a set definition of incidental cross-classification work which would total no more than 15% of an individual's work time on a public project in a given work week.
Statutory authority for the proposed rule:
Sections 66.293 (12) (e) and 103.49 (7) (e), Stats.
Estimate of the amount of time employes will spend developing the proposed rule and of other resources needed to develop the rule:
Less than 40 hours.
Submittal of Rules to Legislative Council Clearinghouse
Notice of Submittal of Proposed Rules to
Wisconsin Legislative Council Rules Clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection
Rule Submittal Date
On September 1, 1999, the Wisconsin Department of Agriculture, Trade and Consumer Protection submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule amends ch. ATCP 105, relating to motor vehicle fuel sales below cost.
Agency Procedure for Promulgation
Public hearings are required. Three hearings will be held after the Wisconsin Legislative Council Rules Clearinghouse completes its review of the proposed rule. One hearing is scheduled for Monday, October 11, 1999 from 1:00 to 4:00 p.m. at the Marathon Public Library, 300 North 1st St., Wausau. The second hearing is scheduled for Tuesday, October 12, 1999 from 1:00 to 4:00 p.m. in the Board Room at the Wisconsin Department of Agriculture, Trade and Consumer Protection, 2811 Agriculture Dr., Madison. The third hearing is scheduled for Thursday, October 14, 1999 from 1:00 to 4:00 p.m. in Room 129, DOC, State Office Bldg., 141 NW Barstow St., Waukesha. The Division of Trade and Consumer Protection is primarily responsible for promulgation of this rule.
Contact Information
If you have questions regarding this rule, you may contact:
Kevin LeRoy
Division of Trade and Consumer Protection
Telephone (608) 224-4928
or
Attorney Karl Marquardt
Telephone (608) 224-5031
Controlled Substances Board
Rule Submittal Date
On August 24, 1999, the Controlled Substances Board submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
Statutory Authority: ss. 961.11 (1) and (2), 961.15, 961.17 and 961.19, Stats.
The proposed rule-making order relates to the scheduling of certain drugs under ch. 961, Stats., the Uniform Controlled Substances Act.
Agency Procedure for Promulgation
A public hearing is required and will be held on October 6, 1999 at 9:30 a.m. in Room 179A at 1400 East Washington Avenue, Madison, Wisconsin.
Contact Information
If you have questions regarding this rule, you may contact:
Pamela Haack, Administrative Rules Coordinator
Telephone (608) 266-0495
Higher Educational Aids Board
Rule Submittal Date
On August 27, 1999, the Higher Educational Aids Board submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
Statutory authority: Sections 39.28 (1) and 227.11 (2), Stats.
The proposed rule affects s. HEA 11.03, Wis. Adm. Code, relating to administration of the Minority Teacher Loan Program.
Reason for rules:
The 1989 Wis. Act 31 created s. 39.40, Stats., which provides for loans to minority students enrolled in programs of study leading to licensure as a teacher. The Wisconsin Higher Educational Aids Board (HEAB) administers this loan program under s. 39.40, Stats., and under ch. HEA 11. Current rules require that a student be enrolled full time and show financial need to be considered for participation in the Minority Teacher Loan Program. Students who did not enroll full time and did not show financial need were allowed to participate in the program in the past when part of the program was administered by another administrative body. These students are enrolled in teacher education programs that train teachers specifically for the school districts named in the statutes that outline the intent of the Minority Teacher Loan Program.
Unless the Board changes its rules, many participating students will lose their eligibility in the program. This will cause a hardship to those students who relied on the interpretation of the prior system administration. This rulemaking order expands program eligibility to allow students who were eligible to participate under this program in the past, when it was administered by a different system, to continue to be eligible to participate in the future. Students who are enrolled at least halftime and students who do not show financial need will be able to participate in this program. The proposed revision will not affect expenditures of State funds for the Minority Teacher Loan Program.
Agency Procedure for Promulgation
Public hearing under ss. 227.16, 227.17, and 227.18, Stats.; approval of rules in final draft form by the HEAB Secretary; and legislative standing committee review under s. 227.19, Stats.
Contact Information
Jane Hojan-Clark
Higher Educational Aids Board
Telephone (608) 264-6181
Kickapoo Reserve Management Board
Rule Submittal Date
