This proposed rule change will align chs.
PI 11,
18, and
24 with the statutory changes made as a result of
2011 Wisconsin Act 105. Any other changes to chs.
PI 11,
18, and
24 that are needed to align these rules with current statutes will also be made.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
This is a technical change to align these PI rule chapters with statutes.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Under s.
227.11 (2) (a) (intro), Stats., “Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation." As such, ch.
PI 11 is required to effectively implement and provide transparency to the programs involving children with disabilities under Subchapter
V of ch. 115, Stats.
PI 18 has statutory authority under s.
118.33 (2), Stats.
118.33 High school graduation standards; criteria for promotion.
(2) The state superintendent shall:
(c) Establish course requirements under sub. (1) (a) and approve any school board's high school graduation standards policy that is equivalent to the requirements under sub. (1).
(m) Adopt policies to accommodate pupils with exceptional educational interests, needs or requirements, not limited to children with disabilities, as defined under s.
115.76 (5).
(4) (a) The state superintendent shall establish procedures for school boards to certify to the state superintendent whether they are in compliance with the requirements under sub. (1) and the rules promulgated under sub. (2).
(b) The state superintendent may periodically review school district high school graduation standards and shall notify any school board not in compliance with the requirements under sub. (1) or the rules promulgated under sub. (2), identifying the changes necessary.
PI 24 has statutory authority under s.
118.43 (6m), Stats.
118.43 Achievement guarantee contracts; state aid.
(6m) Rules. The department shall promulgate rules to implement and administer the payment of state aid under sub. (6).
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are minimal.
6. List with Description of all Entities that may be Affected by the Proposed Rule
No entities should be affected by this rule change since the change will only be done to align the PI rule chapters with the statutes.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
N/A.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats.
9. Agency Contact
Bureau for Policy and Budget
Katie Schumacher
267-9127
Transportation
This statement of scope was approved by the governor on August 12, 2013.
Rule No.
Relating to
Ambulance inspection.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only):
N/A.
2. Detailed Description of the Objective of the Proposed Rule
Section
341.085, Stats
., authorizes the
Wisconsin Department of
Transportation (WisDOT) to
inspect all ambulances prior to
issuing an original or renewal registration, and authorizes the
adoption of
rules necessary for
the
administration of the ambulance inspection program. It
also authorizes the
adoption of rules necessary to
prescribe ambulance service equipment and standards. Chapter
Trans 309, which governs the
ambulance inspection program in
the State of Wisconsin, has not been updated or
technically modified since 1999. As a
result of requests by
the
Wisconsin Assembly and Senate Transportation Committees, and
to
comply with the Governor's Executive Order #61, WisDOT believes it must consider changes to
industry standards, practices, and
regulations since 1999 to
appropriately revise ch.
Trans 309. Given the
significant changes to
industry standards, practices, and regulatory compliance, corrections, updates, and modifications are warranted. The proposed changes to ch.
Trans 309 will consider the
Department of Health Service's (DH
S's) administrative rule ch.
DHS 110, industry standards, regulatory complianc
e, and technological changes to
ensure the
highest possible level of
ambulance vehicle safety for
the
public that uses ambulance services in
the
State of Wisconsin.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Some definitions are outdated, irrelevant, inaccurate, or obsolete. The sequencing of vehicle inspection intervals, personnel resource allocation, and registration requirements are inaccurate. Some practices and procedures require modernization, modification, elimination, or replacement.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
341.085, Stats., provides the statutory authority of the
department regarding ambulance inspection.
Section
227.11 (2) (a), Stats
., grants general rule-making authority to
WisDOT to enforce or
administer Section
341.085, Stats.
341.085 Registration of ambulances. (1) The department shall inspect all ambulances prior to issuing an original or renewal registration to determine that the vehicles meet requirements specified by law or administrative rule as to specifications, medical equipment, supplies and sanitation.
(2) The department may adopt rules necessary for administration of this section and prescribe ambulance service equipment and standards therefor, except that any ambulance which does not conform to rules adopted by the department may be used until December 30, 1979.
Cross-reference: See also ch. Trans 309, Wis. adm
. code.
Trans 309.01 Purpose and scope; construction.
(1) The
purpose of this chapter
is to prescribe
minimum vehicle
and medical
equipment specifications
for
ambulances and
to estab
lish
administrative procedures for
implementing
the ambulance
inspection
program under
s.
341.085,
Stats.
Note: To be licensed as an ambulance service provider in Wisconsin, all ambulances used by the ambulance service provider must be first inspected by Wisconsin DOT per ch. Trans 309.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 160 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Entities affected by the proposed rule may include:
The citizens of Wisconsin who rely on dependable, safe, and efficient emergency services transportation for both emergency and nonemergency medical transportation;
Wisconsin emergency medical services providers who are or may become licensed to operate ambulances;
The Wisconsin Department of Health Services (DHS) which regulates and approves all Wisconsin emergency medical services providers;
WisDOT, Division of State Patrol, Ambulance Inspection Program;
Local and Municipal government in Wisconsin.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
The following regulations/standards may be used or referenced: Federal Specification Standard KKK 1822 (or current);
49 CFR Federal Motor Carrier Safety Regulations;
49 CFR 571 Federal
Motor Vehicle
Safety
Standards.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
It is not anticipated that the rule changes will have more than a very modest impact (positive or negative) to the industry and department as a whole. It is expected to require some minimal expenses necessary for changing operational procedures or adding medical personnel or equipment.
9. Contact Person
Bernard Coxhead, (608) 261-5858.
