(4) If a statement of economic interests is received within 26 to 30 days after the due date for that statement, a settlement offer of $100 may be extended to the official.
(5) If a statement of economic interests is received more than 30 days after the due date for that statement, a settlement offer of $250 may be extended to the official.
(6) Notwithstanding the settlement terms provided in subs. (1) to (5), the board may consider mitigating circumstances, including the fact that the board's staff failed to notify the person filing the statement of the requirement to file the statement of economic interests, in determining the amount of the settlement offer.
22.04 Violations of subch. III of ch. 13, Stats., the Regulation of Lobbying in Wisconsin. (1) VIOLATIONS OF S.
13.64, STATS., FAILURE OF A PRINCIPAL TO TIMELY FILE A REGISTRATION STATEMENT. (a) If the registration statement of a principal, as required by s.
13.64, Stats., is received within 7 days after the due date for that registration, no penalty may be imposed on the principal, but a warning that any future failure to timely file could lead to a forfeiture will be issued.
(b) If the registration statement of a principal is received within 8 to 14 days after the due date for that registration, a settlement offer of $250 may be extended to the principal.
(c) If the lobbying registration statement of a principal is received within 15 to 21 days after the due date for that registration, a settlement offer of $500 may be extended to the principal.
(d) If the lobbying registration statement of a principal is received within 22 to 28 days after the due date for that registration, a settlement offer of $750 may be extended to the principal.
(e) If the lobbying registration statement of a principal is received more than 28 days after the due date for that registration, a settlement offer of $1,000 may be extended to the principal.
(2) VIOLATIONS OF S.
13.66, STATS., FAILURE OF A LOBBYIST TO TIMELY OBTAIN A LICENSE TO ACT AS A LOBBYIST. (a) If a lobbyist fails to timely obtain a license to act as a lobbyist under s.
13.66, Stats., but obtains that license within 7 days after the due date for obtaining that license, no penalty may be imposed on the lobbyist, but a warning that any future failure to timely file could lead to a forfeiture will be issued.
(b) If a lobbyist fails to timely obtain a license to act as a lobbyist under s.
13.66, Stats., but obtains that license within 8 to 14 days after the due date for obtaining that license, a settlement offer of $75 may be extended to the lobbyist.
(c) If a lobbyist fails to timely obtain a license to act as a lobbyist under s.
13.66, Stats., but obtains that license within 15 to 21 days after the due date for obtaining that license, a settlement offer of $125 may be extended to the lobbyist.
(d) If a lobbyist fails to timely obtain a license to act as a lobbyist under s.
13.66, Stats., but obtains that license within 22 to 28 days after the due date for obtaining that license, a settlement offer of $250 may be extended to the lobbyist.
(e) If a lobbyist fails to timely obtain a license to act as a lobbyist under s.
13.66, Stats., and does not obtains that license until more than 28 days after the due date for obtaining that license, a settlement offer of $500 may be extended to the lobbyist.
(3) VIOLATIONS OF S.
13.65, STATS., FAILURE OF A PRINCIPAL TO TIMELY FILE A WRITTEN AUTHORIZATION FOR A LOBBYIST TO REPRESENT THE PRINCIPAL. (a) If a principal fails to timely file a written authorization for a lobbyist to represent the principal under s.
13.65, Stats., but files that authorization within 7 days after the due date for filing that authorization, no penalty may be imposed on the principal, but a warning that any future failure to timely file could lead to a forfeiture will be issued.
(b) If a principal fails to timely file a written authorization for a lobbyist to represent the principal under s.
13.65, Stats., but files that authorization within 8 to 14
days after the due date for filing that authorization, a settlement offer of $125 may be extended to the principal.
(c) If a principal fails to timely file a written authorization for a lobbyist to represent the principal under s.
13.65, Stats., but files that authorization within 15 to 21 days after the due date for filing that authorization, a settlement offer of $250 may be extended to the principal.
(d) If a principal fails to timely file a written authorization for a lobbyist to represent the principal under s.
13.65, Stats., but files that authorization within 22 to 28 days after the due date for filing that authorization, a settlement offer of $375 may be extended to the principal.
(e) If a principal fails to timely file a written authorization for a lobbyist to represent the principal under s.
13.65, Stats., and does not file that authorization until more than 28 days after the due date for filing that authorization, a settlement offer of $500 may be extended to the principal.
(4) VIOLATIONS OF S.
13.68, STATS., FAILURE OF A PRINCIPAL TO TIMELY FILE THE SEMIANNUAL REPORT OF LOBBYING EXPENSES AND INCURRED OBLIGATIONS. (a) If a principal fails to timely file the semi-annual report of lobbying expenses as required by s.
13.68, Stats., but files that report within 2 days after the due date for filing that report, no penalty may be imposed on the principal.
(b) If a principal fails to timely file the semi-annual report of lobbying expenses as required by s.
13.68, Stats., but files that report within 3 to 6 days after the due date for filing that report, a settlement offer of $50 may be extended to the principal.
(c) If a principal fails to timely file the semi-annual report of lobbying expenses as required by s.
13.68, Stats., but files that report within 7 to 14 days after the due date for filing that report, a settlement offer of $200 may be extended to the principal.
(d) If a principal fails to timely file the semi-annual report of lobbying expenses as required by s.
13.68, Stats., but files that report within 14 to 21 days after the due date for filing that report, a settlement offer of $500 may be extended to the principal.
(5) VIOLATIONS OF S.
13.67, STATS., FAILURE OF A PRINCIPAL TO TIMELY REPORT THE SUBJECT MATTER OF LOBBYING. If a principal has failed to timely report the subject matter of lobbying, as required by s.
13.67, Stats., the board's staff will determine a settlement offer on a case-by-case basis, taking into consideration whether the principal's violation is a first, second, or third offense and taking into consideration the number of late-reported interests and the time period in which the violation or violations occurred.
(6) VIOLATIONS OF S.
13.625, STATS., PROHIBITED CAMPAIGN CONTRIBUTIONS BY LOBBYISTS. If a lobbyist makes a campaign contribution prohibited by s.
13.625, Stats., the recipient will be required to donate that contribution to charity and a settlement offer of $500 may be extended to the lobbyist.
(7) EFFECT OF MITIGATING OR AGGRAVATING CIRCUMSTANCES. The board's staff shall have the authority to increase or decrease any settlement offer extended for violations of subch.
III of ch. 13, Stats., based on mitigating or aggravating circumstances surrounding the violation.
Agency Contact Person
Michael R. Haas, Staff Counsel, Government Accountability Board, 212 E. Washington Avenue, 3rd Floor, P.O. Box 7984, Madison, Wisconsin 53707-7984; Phone 608-266-0136;
Michael.Haas@wi.gov
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
84.015,
84.41 (7) and
347.48 (2m) (e), Stats., the Department of Transportation will hold a public hearing to consider the amendment by emergency rule, of Chapter
Trans 315, Wisconsin Administrative Code, relating to safety belt medical use exemption.
Hearing Information
The public hearing will be held as follows:
Date and Time
|
Location
|
September 8, 2009
10:00 a.m.
|
Hill Farms State Transportation
Building
|
|
Room 144-B
|
|
4802 Sheboygan Avenue
Madison
|
An interpreter for the hearing impaired will be available on request for this hearing. Parking for persons with disabilities and an accessible entrance are available.
Copies of Emergency Rule and Agency Contact Person
A copy of the emergency rule may be obtained upon request from Laura Andreasson, Department of Transportation, Division of State Patrol, Room 551, P. O. Box 7936, Madison, WI 53707-7936. You may also contact Ms. Andreasson by phone at (608) 267-5136.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
Current law requires every person over 8 years of age to be properly restrained by a safety belt whenever traveling in a motor vehicle. Current law allows the Department to exempt from this safety belt use requirement any person who, because of a physical or medical condition, cannot properly be restrained in a safety belt. Department rules authorize physicians, chiropractors and Christian Science practitioners to grant exemptions from wearing safety belts. Federal law makes highway safety grant moneys available for safety belt use requirements, but federal law recognizes only medical exemptions issued by physicians. Federal grant moneys expire on July 1, 2009, and this state may not qualify for approximately $15,000,000 in federal moneys if persons other than physicians are authorized to exempt persons from safety belt use laws.
Related statute or rule
Plain language analysis
This rule making deletes authority of any person other than physicians to exempt persons from safety belt use requirements. This rule making will result in increased use of safety belts, and increase receipt of federal moneys for highway safety activities.
Comparison with federal regulations
Federal policy states that safety belt use requirements do not apply to, “Persons with medical conditions who are unable to use a safety belt, provided there is written documentation from a physician." The Department's current rules go further by allowing chiropractors and Christian Science practitioners to grant those exemptions.
Comparison with rules in adjacent states
Michigan
Mich. Comp. Laws. Annot. 257.710e(1)(e) exempts a person who possesses a written statement from a physician from safety belt use requirements. The Department was unable to identify any administrative rules on this topic.
Minnesota
Minn. Stats. Annot. §
169.686 (2)(3) allows physicians to exempt persons from safety belt use requirements. The Department was unable to identify any administrative rules on this topic.
Illinois
92 IL Admin. Code 1030.84 exempts from safety belt use requirements only to a person “possessing a written statement from a physician that the person is unable, for medical or physical reasons, to wear a seat safety belt."
Iowa
IA Admin. Code 761-600.16(321) authorizes physicians and chiropractors to exempt a person from safety belt use requirements for medical reasons. The Department identified no authority for Christian Science practitioners to exempt persons from safety belt use requirements.
Summary of factual data and analytical methodologies
None. NHTSA legal counsel informed the Department that in order to qualify for funds under
23 USC 406, any administrative rule that exempts a person from safety belt use requirements must be consistent with the medical exemption permitted in the implementing guidelines for section 406 eligibility. Those guidelines limit the exemption to physicians.
Analysis and supporting documentation used to determine effect on small businesses
This rule making has no effect on small businesses.
Small Business Impact
This rule making will eliminate one issue of noncompliance specifically identified by NHTSA that makes Wisconsin ineligible for approximately $15,000,000 in federal safety belt use grant moneys.
Small business regulatory coordinator
The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@wisconsin.gov, or by calling (414) 438-4585.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Text of Emergency Rule
SECTION 1. Trans 315.03 (1) (a) and (c) are amended to read:
Trans 315.03(1)(a) The person has a written statement signed by a licensed physician, chiropractor or a Christian Science practitioner residing in this state and listed in the Christian Science Journal indicating the person cannot be restrained by a safety belt because of a physical or medical condition, or words to that effect.
(c) The statement in par. (a) contains an address and telephone number of the physician, chiropractor, or Christian Science practitioner.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
341.08 (2) (e),
341.10 (6),
341.63 and
342.255, Stats., the Department of Transportation will hold a public hearing to consider the creation of Chapter
Trans 123, Wisconsin Administrative Code, relating to registration of non-standard vehicles.
Hearing Information
The public hearing will be held as follows:
Date and Time
|
Location
|
July 29, 2009
10:00 a.m.
|
Hill Farms State Transportation
Building
|
|
Room 254
|
|
4802 Sheboygan Avenue
Madison
|
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.
Copies of Proposed Rule
A copy of the proposed rule may be obtained upon request from Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail at carson.frazier@ dot.state.wi.us.
Submission of Written Comments and Agency Contact Person
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 Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or e-mail:
carson.frazier@dot.state.wi.us.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
