Rule-making notices
Notice of Hearing
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss. 15.08 (5) (b) and 227.11, (2), Stats., and interpreting s. 443.09 (5), Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to repeal s. A-E 4.08 (1) (c); and to amend s. A-E 4.05 (1) (c), (2) (b) and (3) (c), relating to the barrier free design parts of the board's examinations for professional engineers.
Hearing Date, Time and Location
Date:     November 18, 2004
Time:     9:15 A.M.
Location:     1400 East Washington Avenue
    Room 179
    Madison, Wisconsin
Appearances at the Hearing:
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 26, 2004 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats.
Statutes interpreted: s. 443.09 (5), Stats.
Currently, all professional engineering candidates must successfully complete the fundamentals of engineering examination, the principles and practice of engineering examination, and the barrier-free design parts of the board's examination on the statutes, rules and regulations governing the practice of professional engineering in Wisconsin.
Although there are a variety of types of engineers that will never do design work that would entail barrier-free designs, all engineering fields must currently take and pass this component of examination according to s. A-E 4.05 (1) (c), (2) (b), (3) (c) and 4.08 (1) (c). In order to attain a degree at the university level engineers are thoroughly trained in this area and should not be required to take and pass the barrier free portion of the examination.
SECTION 1 removes the language that requires an applicant to take and pass the barrier free design part of the board's examination.
SECTION 2 repeals s. A-E 4.08 (1) (c) that relates to the barrier free examination.
Comparison with similar rules in adjacent states
Wisconsin is the only state among the adjacent states that requires all engineering applicants to take the barrier free portion of the examination.
Existing or proposed federal legislation
The Wisconsin Department of Commerce has incorporated into its Commercial Building Code the International Building Code and the ICC/ANSI A117.1., Standard for Accessible and Usable Buildings and Facilities to assure barrier-free accessibility and to meet the federal Americans with Disabilities Act Accessibilities Guidelines. The federal government does not regulate or oversee the application process for engineers involving licensure requiring such a component like the barrier-free examination is met, and a search of the United States Code Services (USCS) and the Code of Federal Regulations (CFR) returned no entries regarding this subject. Because of the federal and state building mandates, a unit must be built conforming to stringent standards that only capable engineers and architects can meet.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
Private Sector Fiscal Impact
The department has determined that this rule will have no significant fiscal effect on the private sector.
Initial Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors in ss. 15.08 (5) (b) and 227.11, (2), Stats., and interpreting s. 443.06 (3), Stats., the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to amend s. A-E 6.05 (1) and (2) (b), and 6.07 (1) and (2), relating to the name of the principles and practice examination for land surveyors.
Hearing Date, Time and Location
Date:   November 18, 2004
Time:   9:15 A.M.
Location:   1400 East Washington Avenue
  Room 179
  Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 26, 2004 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b) and 227.11 (2), Stats.
Statutes interpreted: s. 443.06 (3), Stats.
In November, 2002, the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors adopted a rule creating s. A-E 6.07 (CR02-090). The proposed rule-making order relating to land surveyors referred to the “state jurisdictional examination" rather than the “principles and practice examination." A comment in the Clearinghouse Report suggested the name be changed to the “principles and practice examination" because “state jurisdictional examination" was not used elsewhere in the rule. That change was made and the rule was adopted.
However, since this examination is more commonly known in the field as the “state jurisdictional examination," this proposed rule-making order amends s. A-E 6.05 (1) and (2) (b) and 6.07 (1) and (2) changing the name of the examination from the “principles and practice examination" to the “state jurisdictional examination."
Comparison with similar rules in adjacent rules: N/A
Existing or proposed federal legislation: N/A.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
Private Sector Fiscal Impact
The department has determined that this rule will have no significant fiscal effect on the private sector.
Initial Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.041, 29.4035 and 227.11 (2), Stats., interpreting ss. 29.014, 29.041, 29.403 and 29.4035, Stats., the Department of Natural Resources will hold a public hearing on repealing and recreating ss. NR 20.20 (53) (f) and (63) (c), Wis. Adm. Code, relating to trout fishing on the Pine River and Melancthon Creek in Richland and Vernon Counties. In response to a citizen petition, the Department is proposing this rule to change the Richland and Vernon county trout fishing regulation of the Pine river (uppermost STH 80 bridge upstream to CTH CH in the Village of Yuba) from catch and release to 3 trout bag limit and 9-inch size limit. It also changes the regulations on Melancthon creek from catch and release with artificial lures on the whole stream for all trout to allow the harvest of 5 trout in total, only 3 of which can be brook trout. Brown or rainbow trout must be over 7 inches while brook trout must be between 6 and 9 inches. Anglers can use bait downstream of STH 80, but can only use artificial lures upstream from STH 80.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Thursday, November 11, 2004 at 7:00 p.m.
County Courtroom, Richland Co. Courthouse
181 W. Seminary
Richland Center
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Steve Hewett at (608) 267-7501 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
There is no fiscal impact.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Mr. Steve Hewett, Bureau of Fisheries management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 17, 2004 Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Hewett.
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014 (1), 29.403, 29.4035 and 227.11 (2), Stats., interpreting ss. 29.014 (1), 29.403 and 29.4035, Stats., the Department of Natural Resources will hold a public hearing on amending s. NR 20.40 (6)(d) and creating s. NR 20.40 (am) and (d) and (6m), Wis. Adm. Code, relating to bass fishing tournaments. The passage of 2003 Wisconsin Act 249 requires the Department to promulgate rules to establish a program to authorize and regulate fishing tournaments. In addition, Act 249 establishes a bass fishing tournament pilot program that creates a study in which the sorting/culling of bass by tournament anglers in 4 permitted bass tournaments per year is allowed and the impacts evaluated. Act 249 requires that the Department create, by rule, live well standards that all pilot program boats must meet to be considered for the program. Recommended live well standards include:
1. The live well must be an original manufactured part of the boat and have a capacity of at least 25 gallons;
2. The live well must be in working condition and its operation must be demonstrated prior to fishing in the tournament;
3. The live well must be capable of continuously pumping freshwater into it;
4. The live well must be capable of holding, recirculating and aerating water.
The pilot program and the live well standards sunset on December 31, 2006.
In addition, based on public comments, the Department may make additional changes to existing tournament rules, including but not limited to allowable length of tournaments, to accommodate the 2 year pilot tournament program.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Thursday, November 11, 2004 at 7:00 p.m.
Gathering Waters Room, South Central Region Hdqrs.
3911 Fish Hatchery Road
Fitchburg
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Pat Schmalz at (608) 266-8170 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
None anticipated.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Mr. Pat Schmalz, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 18, 2004. Written comments whether submitted electronically or by U.S. Mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Schmalz
Notice of Hearing
Natural Resources
(Environmental Protection - Solid Waste Management)
NOTICE IS HEREBY GIVEN that pursuant to ss. 289.05 (1), 289.06 (1), 289.07 (1) and 287.03 (1) and (2), Stats., interpreting ss. 287.09 (2) (a), 287.11, 287.27, 289.35 and 289.55, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 500, 502 and 544 and the repeal of ch. NR 545, Wis. Adm. Code, relating to recycling. The intent of the proposed revisions is to eliminate obsolete language and references, to confirm the original intent and scope of rules through clarification of rule language and definitions and to update certain provisions to reflect changes in recycling methods and technology. Chapter NR 545 which addresses out-of-state units with an effective recycling program is repealed. The proposed revisions include:
Technical edits – All references to recycling requirements for out-of-state units and volume based fee systems are eliminated. Also eliminated are references to obsolete sections of statutes and code and to dates that are long past.
Code updates – Other revisions are proposed to clarify the original intent and scope of recycling requirements by state law and under local ordinance, to address changes to recycling collection and processing systems, and to ensure that materials recovery facilities are operated and maintained in a manner so as to protect the environment and human health.
NR 500 – Definitions are revised to be consistent with statutory definitions or to add clarity.
NR 502 – Language is added to ensure that transfer and solid waste processing facilities are maintained and operated in a manner so as to protect the environment and human health, and eliminate exemptions for handling of waste tires. Language is added to ensure that recycling services inform their clients of recycling requirements under state and local law.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Recycling collection and processing systems, and transfer and solid waste processing facilities
b. Description of reporting and bookkeeping procedures required: No new procedures
c. Description of professional skills required: No new skills
The Department's Small Business Regulatory Coordinator may be contacted at:
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Monday, November 15, 2004 at 10:00 a.m.
Video conference participation will be available at
Room 139, State Office Building, 718 W. Clairemont Ave., Eau Claire
Room 618, State Office Building, 200 N. Jefferson St., Green Bay
Pyle Center, 702 Langdon Street, Madison
Room 98, State Office Building 819 N. 6th Street, Milwaukee
Conference Room, DNR Region Office, 810 W. Maple, Spooner
Room CCC124, Communications Arts Center, 1101 Reserve St., Stevens Point
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Cynthia Moore at (608) 267-7550 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The only revision which will have a minor state fiscal impact is the requirement for waste tire processors to obtain an approval for plan of operation. We estimate this will cost the department approximately $500 in salary for plan review and approvals.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Ms. Cynthia Moore, Bureau of Waste Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until November 29, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Moore.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and ss. 440.99, 440.991, 440.915, 440.992, 440.9925, 440.993, 440.9935, 440.994, 440.9945, 440.995, 440.9955, 440.996, 440.9975, 440.998 and 440.999, Stats., as created by 2003 Wisconsin Act 150, and interpreting Chapter 440, Subchapter XII, the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below on an order adopting emergency rules to create chapters RL 150-154, relating to the licensure and regulation of athlete agents.
Hearing Date, Time and Location
Date:   November 12, 2004
Time:   10:00 a.m.
Location:   1400 East Washington Avenue
  Room 179A
  Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 22, 2004, to be included in the record of rule-making proceedings. Analysis prepared by the Department of Regulation and Licensing.
Analysis
Statutes authorizing promulgation: s. 227.11 (2), Stats., and ss. 440.99, 440.991, 440.915, 440.992, 440.9925, 440.993, 440.9935, 440.994, 440.9945, 440.995, 440.9955, 440.996, 440.9975, 440.998 and 440.999, Stats., as created by 2003 Wisconsin Act 150.
Statutes interpreted: Chapter 440, Subchapter XII.
This emergency rule is promulgated pursuant to 2003 Wisconsin Act 150. This Act grants the Department of Regulation and Licensing the authority to create rules relating to the licensure and regulation of athlete agents.
In this order adopting emergency rules the Department of Regulation and Licensing creates rules relating to the licensure of athlete agents. These rules are as a result of 2003 Wisconsin Act 150 which enacted the Uniform Athlete Agents Act. Chapters RL 150 to 154 establish requirements and standards for registration and the practice of registered athlete agents. The rules specify the registration requirements for temporary and permanent registration, renewal requirements, and prohibited conduct for athlete agents.
SECTION 1 creates Chapter RL 150 which sets forth the statutory authority and the definitions for the proposed rules.
SECTION 2 creates Chapter RL 151 which sets forth the application process and requirements for an initial certificate of registration, including the application process for a temporary certificate of registration.
SECTION 3 creates Chapter RL 152 which sets forth the application process and requirements for renewal of a certificate of registration.
SECTION 4 creates Chapter RL 153 which outlines the standards of practice which apply to a credential holder.
SECTION 5 creates Chapter RL 154 which defines unprofessional conduct.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs for staff to print and distribute the rule change.
In addition, 2003 Wisconsin Act 150 charged the department to calculate initial credentialing costs to calculate initial fees for licensure as an athlete agent. The initial fee shall be $312.
Copies of Rule and Contact Person
Copies of this emergency rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and ss. 440.99, 440.991, 440.915, 440.992, 440.9925, 440.993, 440.9935, 440.994, 440.9945, 440.995, 440.9955, 440.996, 440.9975, 440.998 and 440.999, Stats., as created by 2003 Wisconsin Act 150, and interpreting Chapter 440, Subchapter XII, the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to create chapters RL 150-154, relating to the licensure and regulation of athlete agents.
Hearing Date, Time and Location
Date:   November 12, 2004
Time:   10:00 a.m.
Location:   1400 East Washington Avenue
  Room 179A
  Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by November 22, 2004, to be included in the record of rule-making proceedings. Analysis prepared by the Department of Regulation and Licensing.
Analysis
Statutes authorizing promulgation: s. 227.11 (2), Stats., and ss. 440.99, 440.991, 440.915, 440.992, 440.9925, 440.993, 440.9935, 440.994, 440.9945, 440.995, 440.9955, 440.996, 440.9975, 440.998 and 440.999, Stats., as created by 2003 Wisconsin Act 150.
Statutes interpreted: Chapter 440, Subchapter XII.
Regulation in adjoining states:
Michigan: None.
Illinois: None. [The Uniform Athlete Agents Act (UAAA), is pending. 2003 Wisconsin Act 150, is Wisconsin's enactment of the UAAA.]
Minnesota: Has adopted the Uniform Athlete Agents Act (UAAA), but has not promulgated rules.
Indiana : Indiana Administrative Code:
ARTICLE 4. ATHLETE AGENTS- Rule 1. Authority and Applicability
10 IAC 4-1-1 Authority
Authority: IC 4-6-2-1.3
Affected: IC 25-5.2
Sec. 1. This article is adopted under the authority granted to the attorney general by the uniform athlete agent act (IC 25-5.2). (Office of Attorney General for the State; 10 IAC 4-1-1; filed Feb 22, 2002, 2:52 p.m.: 25 IR 2208)
10 IAC 4-1-2 Applicability
Authority: IC 4-6-2-1.3
Affected: IC 25-5.2
Sec. 2. The definitions in the uniform athlete agent act and in this rule apply throughout this article. (Office of Attorney General for the State; 10 IAC 4-1-2; filed Feb 22, 2002, 2:52 p.m.: 25 IR 2208)
Rule 3. Fees
10 IAC 4-3-1 Fee for registration as an athlete agent
Authority: IC 4-6-2-1.3
Affected: IC 25-1-8-2; IC 25-5.2-2-7
Sec. 1. The fee for a two (2) year application for registration or renewal of registration is seven hundred dollars ($700). (Office of Attorney General for the State; 10 IAC 4-3-1; filed Feb 22, 2002, 2:52 p.m.: 25 IR 2208)
Rule 6. Agency Contract Notice Provision
10 IAC 4-6-1 Format for notice on agency contract
Authority: IC 4-6-2-1.3
Affected: IC 4-21.5-3-35; IC 25-5.2-2-8
Sec. 1. For the purposes of IC 25-5.2-2-8, the notice required in IC 25-5.2-2-8(c) shall be considered adequate if the notice is in 14-point boldface type in capital letters within two (2) inches of the signature of the student athlete on the same page as the signature of the student athlete. (Office of Attorney General for the State; 10 IAC 4-6-1; filed Feb 22, 2002, 2:52 p.m.: 25 IR 2209)
Iowa: [Not based on the Uniform Athlete Agents Act (UAAA)]
ATHLETE AGENT REGISTRATION (IAC 721 Chap 42)
721—42.1(9A,17A) Fees. The fee for the initial application for certificate of registration as an athlete agent is $300. The fee for a renewal application for certificate of registration is $150.
721—42.2(9A,17A) Surety bond. An athlete agent shall have on file with the secretary of state, before the issuance or renewal of a certificate of registration, a surety bond executed by a surety company authorized to do business in this state, in the sum of $25,000. The bond shall be executed on the form prescribed by the secretary of state. The prescribed bond form may be obtained by writing to the Secretary of State, Hoover State Office Building, Des Moines, Iowa 50319, or by calling (515)242-5071.
721—42.3(9A,17A) Agent contract. An agent contract to be entered into by a registered athlete agent and a student athlete who has not previously signed a contract of employment with a professional sports team shall be on a form approved by the secretary of state. If the form of the contract is in compliance with any players association form contract, the contract shall be approved by the secretary of state. Forms may be submitted to the secretary of state for approval by forwarding the forms to: Secretary of State, Athlete Agent Registration, Hoover State Office Building, Des Moines, Iowa 50319.
721—42.4(9A,17A) General information. Further information pertaining to the Registration of Athlete Agents Act and all application forms may be obtained by contacting the Secretary of State, Corporations Division, Hoover State Office Building, Des Moines, Iowa 50319, (515)242-5071 during regular office hours, 8 a.m. to 4:30 p.m. Monday through Friday except legal holidays. These rules are intended to implement Iowa Code chapter 9A. [Filed emergency 7/8/88—published 7/27/88, effective 7/8/88]
In this proposed rule-making order the Department of Regulation and Licensing creates rules relating to the licensure of athlete agents. These rules are as a result of 2003 Wisconsin Act 150 which enacted the Uniform Athlete Agents Act. Chapters RL 150 to 154 establish requirements and standards for registration and the practice of registered athlete agents. The rules specify the registration requirements for temporary and permanent registration, renewal requirements, and prohibited conduct for athlete agents.
SECTION 1 creates Chapter RL 150 which sets forth the statutory authority and the definitions for the proposed rules.
SECTION 2 creates Chapter RL 151 which sets forth the application process and requirements for an initial certificate of registration, including the application process for a temporary certificate of registration.
SECTION 3 creates Chapter RL 152 which sets forth the application process and requirements for renewal of a certificate of registration.
SECTION 4 creates Chapter RL 153 which outlines the standards of practice which apply to a credential holder.
SECTION 5 creates Chapter RL 154 which defines unprofessional conduct.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs for staff to print and distribute the rule change.
In addition, 2003 Wisconsin Act 150 charged the department to calculate initial credentialing costs to calculate initial fees for licensure as an athlete agent. The initial fee shall be $312. The calculation of costs for initial credentialing and revenue needed, assuming 100 agents are initially credentialed, appears on the attached page.
Private Sector Fiscal Effect
The department has determined that this rule has no significant fiscal effect on the private sector.
Initial Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Proposed Rule
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) and 458.24, Stats., and interpreting ss. 458.24 and 458.26 (3) (b), Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Department of Regulation and Licensing will adopt the following rules as proposed in this notice, without public hearing unless, within 30 days after publication of this notice, November 1, 2004, the Department of Regulation and Licensing is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: ss. 227.11 (2) and 458.24, Stats.
Statutes interpreted: ss. 458.24 and 458.26 (3) (b), Stats.
In this proposed rule-making order the Department of Regulation and Licensing proposes to repeal and recreate ch. RL 87, Appendix I, which incorporates by reference the 2004 edition of the Uniform Standards of Professional Appraisal Practice (USPAP).
SECTION 1. The department proposes to repeal ch. RL 87, Appendix I, which incorporates by reference the 2004 edition of the USPAP and recreate it to incorporate by reference the 2005 edition of the USPAP.
As required under s. 227.21, Stats., the department has obtained the consent of the attorney general and revisor of statutes to the incorporation of the 2005 edition of USPAP into the rules by reference.
Text of Rule
SECTION 1. Ch. RL 87, Appendix I is repealed and recreated to read:
APPENDIX I
UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE
The 2005 edition of the Uniform Standards of Professional Appraisal Practice (USPAP) is hereby incorporated by reference into this Appendix. The 2005 edition of USPAP is effective January 1, 2005 to December 31, 2005.
After January 1, 2005, copies of the 2005 edition of USPAP may be purchased from the Appraisal Standards Board of the Appraisal Foundation, 1029 Vermont Avenue, N.W., Suite 900, Washington, D.C. 20005-3517, and (202) 347-7722. After January 1, 2005, copies of the 2005 edition of USPAP may also be obtained, at no charge, from the Appraisal Foundation's website at http://www.appraisalfoundation.org.
Note: As required under s. 227.21, Stats., the attorney general and revisor of statutes have consented to the incorporation by reference of the 2005 edition of the Uniform Standards of Professional Appraisal Practice. After January 1, 2005, copies of the 2005 edition of the USPAP will be on file in the offices of the department, the secretary of state and the revisor of statutes.
Federal Regulations
The Federal Reform, Recovery, and Enforcement Act (“FIRREA"), 12 U.S.C. 3331 et seq., (Title XI) was enacted in 1989. Under FIRREA, insured financial institutions and insured credit unions are required to obtain the services of a state certified or licensed appraiser for appraisals conducted in connection with “federally related transactions."
The Appraisal Subcommittee of the Federal Financial Institutions Examination Council is authorized under FIRREA to monitor the requirements established by states for the certification and licensing of individuals who are qualified to perform appraisals in connection with federally related transactions. 21 USC 3333; Appraisal Subcommittee – Policy Statements Regarding State Certification and Licensing of Appraisers.
Under FIRREA, real estate appraisals performed in connection with federally related transactions are required to be performed in accordance with generally accepted appraisal standards as evidenced by the appraisal standards promulgated by the Appraisal Standards Board (ASB) of the Appraisal Foundation. 21 USC 3339; Appraisal Subcommittee – Policy Statements Regarding State Certification and Licensing of Appraisers, Statement 3.
The appraisal standards promulgated by the ASB are contained in the Uniform Standards of Professional Appraisal Practice (USPAP) and are available on the Appraisal Foundation's website at: http://www.appraisalfoundation.org.
States Regulations
Under FIRREA, all states, including Illinois, Iowa, Michigan and Minnesota , must assure that certified appraisers comply with the Uniform Standards of Professional Appraisal Practice promulgated by the Appraisal Standards Board. In Wisconsin, USPAP has been incorporated by reference in Appendix I to ch. RL 87, Code. See also, s. 458.24, Stats.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
Private Sector Fiscal Impact
The department has determined that this rule will have no significant fiscal effect on the private sector.
Initial Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935, (608) 266-0495.
Notice of Proposed Rule
Transportation
NOTICE IS HEREBY GIVEN that pursuant to the authority of s. 194.09, and 227.11, Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Wisconsin Department of Transportation will adopt the following rule repealing ch. Trans 302 without public hearing unless, within 30 days after publication of this notice, on November 1, 2004, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Analysis Prepared by the Wisconsin Department of Transportation
Statutory Authority: s. 194.09, Stats.
Statutes Interpreted: s. 194.09, Stats.
Plain Language Analysis: Wisconsin statutes require in s.194.09 that each motor vehicle operating in Wisconsin as a common motor carrier, as a contract carrier or as a private motor carrier, be clearly marked to identify that the motor carrier meets the regulations identified in ch. 194. Chapter 194 sets standards for motor carriers to ensure safe, competitive and efficient transportation services and includes regulations for licensing, permitting, certifications, inspections, penalties for violations of traffic laws, restrictions, appeal processes, insurance and taxation.
For the purposes of both statutory authority and administrative rule authority, the types of motor carriers are defined in ch. 194 as follows:
1. “Common motor carrier" means any person who can be hired to operate a motor carrier for the transport of persons and property. The focus of common carriers is to transport people over regular routes or routes with fixed endpoints. The transportation of property in conjunction with the transport of passengers is a secondary activity.
2. “Contract motor carrier" means any person who can be hired to operate a motor carrier to transport property over a regular or irregular route.
3. “Private motor carrier" means a person who operates her/his own motor carrier to transport property over a regular or irregular route.
Ch. Trans 302, Vehicle Marking, under the authority of Chapter 194, provides out-dated regulations for marking intrastate motor carriers operating in Wisconsin, including for-hire motor carriers and private vehicles having a gross vehicle weight of more than 12,000 pounds. However, regulations for operating motor carriers are found also in two other DOT administrative rules, Trans 325, Motor Carrier Safety Regulations for intrastate motor carriers, and Trans 327, Motor Carrier Safety for interstate motor carriers. Trans 325 and Trans 327 have adopted federal regulations identified in Title 49 CFR Part 390.21 for marking commercial motor carriers. The adoption of these marking regulations by Trans 325 and Trans 327 makes Trans 302 inconsistent with 49 CFR Part 390.21 and thus confusing for the motor carrier industry.
To eliminate outdated information and information inconsistent with adopted federal guidelines, the DOT proposes that ch. Trans 302 be repealed.
Text of Rule
SECTION 1. Chapter Trans 302 is repealed.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: Federal motor carrier regulation 49 CFR Part 390.21 requires motor carriers to be marked to display:
1. The legal name or single trade name of the self-propelled motor carrier as listed on the motor carrier identification report (From MCS-150) and submitted in accordance with federal regulations.
2. The USDOT motor carrier identification number.
3. The name of the operator of the motor carrier if different from the motor carrier owner by using the term “operated by".
4. The ICCMC number where applicable.
5. Required identification in the prescribed format, color, and lettering size.
6. Required identification prescribed for rented motor vehicles.
Chapter Trans 302 requires intrastate motor carriers to be marked to display:
1. The legal name of the carrier.
2. The city and state of the motor carrier's headquarters.
3. Any applicable federal transportation authority number.
4. The empty weight of the power unit.
5. Identification in the prescribed format, color, and lettering size.
6. In accordance with 43 CFR Part 390.21 as an alternative to meeting the regulations identified in Trans 302.
The intent of repealing ch. Trans 302 is to keep Wisconsin laws and motor carrier administrative rules compliant with existing federal regulations. Specifically, federal regulations regarding motor carrier marking, 49 CFR Part 390.21, have been adopted in ch. Trans 325 for intrastate motor carriers and ch. Trans 327 for interstate motor carriers.
Comparison with Rules in Adjacent States:
Michigan: Currently drafting legislation to adopt federal regulations except requirement for display of the USDOT number for intrastate motor carriers.
Minnesota: Adopted federal regulations in statute (221.031 subchapter 6).
Illinois: Has not adopted the federal regulations for intrastate motor carriers.
Iowa: Adopted federal regulations.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: Ch. Trans 302 was created in 1982 to provide a uniform means for identifying the owner or operator subject to ch. 194, Stats., and private vehicles having a gross vehicle weight of more than12,000 pounds. Since 1982, 49 CFR Part 390.21 has been adopted by chs. Trans 325 and Trans 327 for motor carriers engaged in both interstate and intrastate commerce.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: Small motor carrier businesses based in Wisconsin will benefit from the repeal of ch. Trans 302 through the elimination of inconsistencies related to vehicle marking. The small businesses that provide intrastate motor carrier services will have only one source of regulations, thus making their efforts to comply easier. Small businesses that provide both intrastate and interstate motor carrier services will be able to simultaneously comply with both Wisconsin and federal regulations thus making their efforts easier.
Enforcement of the rule will be performed as part of routine motor carrier enforcement in Wisconsin. The repeal of ch. Trans 302 will be made known to motor carriers though routine dialogue with industry representatives, contact with individual motor carrier services and in routine State Patrol documents. Since the result of the repeal of ch. Trans 302 will simplify marking regulations, small businesses motor carriers will generally be in compliance by simply following federal regulations.
You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:
Fiscal Effect and Anticipated Costs Incurred by Private Sector: 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 revenues or liabilities. The private sector of the motor carrier industry will benefit by having a single set of regulations for vehicle marking, thus saving time and cost on obtaining applicable regulations and painting only minimal information on the vehicles.
Place Where Comments are to be Submitted and Deadline for Submission: Questions about this rule and any petition for public hearing may be addressed to Lt. Charles Teasdale, Division of State Patrol, Room 551, P. O. Box 7912, Madison, Wisconsin 53707-7912, telephone (608) 267-0305.
To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss. 121.555 (3) (c), 121.555 (4) (a), 343.12 (2), 343.20 (1), 343.21 (3), 343.23 (2), 343.237, Stats., and interpreting ss. 121.555 (3) (c), 121.555 (4) (a), 343.12 (2), 343.20 (1), 343.21 (3), 343.23 (2), 343.237, Stats., the Department of Transportation will hold a public hearing in Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 15th day of November, 2004, at 1:00 PM, to consider the amendment of ch. Trans 112, Wisconsin Administrative Code, relating to medical standards for driver licensing and general standards for school bus endorsements.
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 on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Plain Language Analysis: Under current law, a person may not operate a school bus without a school bus endorsement issued by the Department of Transportation (DOT). DOT may issue a school bus endorsement to a person's valid motor vehicle operator's license if the person meets certain qualifications, including being free of conviction for certain crimes. A school bus endorsement is valid for the eight–year duration of the person's operator's license. Under certain circumstances, DOT must cancel the operator's license of a person to whom a school bus endorsement has been issued.
2003 Wisconsin Act 280 modified the existing criminal history requirements, and imposed additional requirements for the initial issuance or renewal of a school bus endorsement. That act prohibits DOT from issuing or renewing a school bus endorsement to an applicant if the applicant has been convicted of or adjudicated delinquent for any specified disqualifying crime or offense within a prior minimum specified time. These disqualifying crimes and offenses and minimum time periods for disqualification include those specified under current statutes, including various crimes against children. The act also authorizes DOT to specify by rule additional disqualifying crimes and offenses and the time period during which the disqualification applies.
Prior to Act 280, persons were not eligible for a school bus endorsement if he or she has been convicted of listed offenses (including a felony or an “offense against public morals") within the past five years, if the circumstances of the offense are “substantially related" to the circumstances of operating a school bus, or was convicted of specified offenses (including OWI and operating with a suspended or revoked license) within the past two years, regardless of whether the circumstances of the offense are “substantially related" to the circumstances of operating a school bus. Thus, Act 280 lengthened the periods of disqualification for some offenses, and listed some offenses that arguably are not “substantially related" to the circumstances of operating a school bus.
This rule establishes three periods of disqualification from eligibility for a school bus driver endorsement for conviction of listed felonies and misdemeanors. A lifetime disqualification is imposed on any person convicted of violent crimes resulting in death or serious physical injury to another, of sex offenses involving children and other vulnerable persons, or of other crimes involving predation or victimization of children or other vulnerable persons. A five-year disqualification is imposed on any person convicted of other crimes against life and bodily security, of other crimes against children, of crimes involving use of a motor vehicle, including operating while intoxicated (OWI), of possession of illegal weapons or of similar offenses likely to result in serious injury to others. A two-year disqualification is imposed on any person convicted of negligent operation of a motor vehicle, of obstructing emergency and rescue personnel or of other crimes.
Many of the listed offenses comprise felonies and misdemeanors. Under the rule, if a person provides evidence to the Department that his or her conviction of a listed offense is a misdemeanor conviction, the disqualification period is shortened to the next shorter disqualification period. However, there is no reduced disqualification period for misdemeanor sexual assault convictions, and the minimum period of disqualification for any listed offense (whether felony or misdemeanor) is two years.
The rule requires the Department to conduct a criminal history record search of every applicant for initial issuance or renewal to determine whether the person is convicted of disqualifying offenses. Although a school bus endorsement is renewed every eight years, DOT must conduct a criminal history search four years after the person obtains a school bus endorsement and, if appropriate, cancel the endorsement.
The rule also requires any person applying for initial issuance or renewal of a school bus endorsement to certify whether he or she has been convicted of any disqualifying offense, and allows the department to disqualify the person for the appropriate period based on that certification.
The rule requires any person who has resided in another state within the previous two years to notify the department of those other states, and requires the department to make a god faith effort to obtain the criminal history records from those other states, including submitting the persons fingerprints to the Department of Justice for a nationwide criminal history search.
The rule allows DOT to require every applicant for initial issuance or renewal of a school bus endorsement to provide two sets of fingerprints, and to pay fees for the two criminal history records searches that will be completed at initial issuance or renewal, and four years after the person obtains the school bus endorsement.
This rule making also makes minor changes to medical standards for school bus drivers not required under 2003 Wisconsin Act 280, including the following:
1. Allows physician to certify driver is following treatment plan for cerebrovascular function, without such certification of the patient.
2. Shortens from 12 to 6 months the period during which a school bus driver must be free of any cerebrovascular incident.
3. Eliminates the 12 month period during which school bus driver must be free of destructive behavior or suicidal tendencies, instead making eligible a driver who is free of such behaviors or tendencies at the time of application.
4. Provides that a license restriction imposed on a physician's recommendation may be lifted only by the physician that recommended the restriction or by the Department following its evaluation of the person's ability to drive.
5. Provides that a person who does not meet minimum waiting periods following certain medical disqualifications cannot request a medical review board assessment of those disqualifications, because those waiting periods cannot be waived.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: Federal school bus driver qualifications are set forth at 49 CFR 383.123. Under federal regulations, an applicant must certify and the State must verify that, during the two-year period immediately prior to applying for the school bus endorsement, the applicant has not been convicted of any of the disqualifying offenses in 49 CFR 383.51(b) (generally, OWI, speeding, leaving the scene of an accident, serious moving violations, and offenses involving alcohol and drugs) while operating a CMV or of any offense in a non-CMV that would be disqualifying under 49 CFR 383.51(b) if committed in a CMV; has not had more than one conviction of any of the serious traffic violations defined in 49 CFR 383.5, while operating any type motor vehicle; has not had any conviction for a violation of State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident and; has as not been convicted of any motor vehicle traffic violation that resulted in an accident.
No federal regulations have been proposed regarding school bus driver qualifications within the previous two years.
Comparison with Rules in Adjacent States:
Michigan: Michigan administrative rules require the driver to meet only statutory requirements, none of which relate to the driver's criminal background. Mich. Adm. Code R 340.232, 340.1252 (2004). Michigan statutes require a school to request a criminal background check prior to employing a driver, but do not appear to require the school to take any action based on the result of the search and do not appear to establish licensing qualifications based on criminal background. § 257.1853(4), Mich. Comp. Laws Svc. (2004).
Minnesota: Minnesota school bus driver qualifications are set forth at s. 7414.0400, Minn. Adm. Code. Minnesota disqualifies a person convicted of a felony or certain misdemeanors from holding a school bus endorsement for 5 years after the conviction or for 5 years after the release from incarceration, whichever occurs later. An applicant is ineligible for a school bus endorsement while he or she has felony charges pending against him or her. Minnesota requires a criminal background check at initial issuance and renewal, but requires the school district or its contractor to complete the background check. However, an applicant who has resided in a state other than Minnesota within the preceding five years must have the background check completed by the FBI, by the state or the state's contractor. Minnesota imposes a lifetime disqualification for Head Start bus drivers convicted of certain crimes against minors. Scholl bus driver qualifications are set forth in s. 171.3215, Minn. Stat.
Illinois: Illinois school bus driver qualifications are set forth at 92 Ill. Adm. Code 1035.15. Illinois imposes a lifetime disqualification for convictions of committing or attempting to commit listed felonies and misdemeanors, and a three year disqualification for reckless driving, OWI, or reckless homicide resulting from operation of a motor vehicle. Illinois statutes list disqualifying offenses at 625 ILCS 5/6-106.1, (2004). Illinois requires the prospective employer to collect fingerprints from the school bus permit applicant, and to submit those prints to the Secretary of State for an FBI background check. 92 Ill. Adm. Code 1035.25 (2004). Illinois requires the denial or cancellation of the school bus permit issued to any person whose criminal record check indicates is ineligible to hold the school bus permit. 92 Ill. Adm. Code 1035.35 (2004).
Iowa: Iowa school bus driver qualifications are set forth at 761 IAC 911.6(321). Iowa requires the regional transit system to conduct a criminal records review of each driver prior to employment and on an annual basis. This review verifies that the driver has no history of child abuse or other criminal activity. Each driver who transports students must have an authorization to operate a school bus issued by the department of education in accordance with Iowa Code section 321.376. Illinois statutes make ineligible any person convicted for a public offense as defined by the Iowa criminal code, if the offense is relevant to and affects driving ability, or if the offense includes sexual involvement with a minor student. Iowa Code § 321.375.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: 2003 Wisconsin Act 280 requires DOT to promulgate rules specifying crimes or other offenses, in addition to those specified in the statutes, the conviction for which, or adjudication of delinquency for which, disqualifies the applicant from initial issuance or renewal of a school bus endorsement and, for each such crime or offense, the time period within which the disqualification applies. The time period may be permanent but may not be less than the time period specified in the statutes. DOT first examined the statutes for every crime, and classified them by felony or misdemeanor. DOT further classified those crimes according to the threat they represented to school children or other vulnerable persons, to sexual offenses, to operation of a large motor vehicle, and that reflected on the person's trustworthiness with children. DOT established these criteria and completed the classification in consultation with the Wisconsin School Bus Association, a nonprofit organization that represents school bus companies and serves as Wisconsin's contact to the National Association of State Directors of Pupil Transportation. DOT and Wisconsin School Bus Association examined anecdotal examples known by those organizations and presented to the legislature during hearings on 2003 Senate Bill 350 (enacted as 2003 Wisconsin Act 280). Those anecdotes presented examples of school bus drivers that committed criminal offenses while holding a school bus endorsement who were skilled operators but that had criminal histories that suggested the driver might commit the offense. DOT has no factual data to support those anecdotes.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: This rule making will prohibit some skillful drivers from obtaining a school bus endorsement, and employment as a school bus driver. To the extent that this rule reduces the pool of school bus drivers, DOT expects that the cost of employing school bus drivers will rise. DOT has no factual data to determine how many bus drivers will be made ineligible by this rule. In its fiscal estimate for 2003 Senate Bill 350 prepared in January, 2004, DOT stated that it issues approximately 2,000 school bus driver endorsements each year, and projected 2,000 background checks per year. DOT has no information regarding how many applicants have resided in other states within the previous two years, or of how many school districts and school bus companies might already be employing criminal background checks as part of their ordinary employment practices.
You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:
Fiscal Effect and Anticipated Costs Incurred by Private Sector: As stated in more detail above, this rule will prohibit some skillful drivers from obtaining a school bus endorsement, and employment as a school bus driver. To the extent that this rule reduces the pool of school bus drivers, DOT expects that the cost of employing school bus drivers will rise. DOT has no information regarding how many school bus companies might already be employing criminal background checks as part of their ordinary employment practices.
Place Where Comments are to be Submitted and Deadline for Submission: The public record on this proposed rule making will be held open until close of business November 22, 2004, 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 Karen Schwartz, Department of Transportation, Records and Licensing Info Section, Room 351, P. O. Box 7918, Madison, WI 53707-7918. You may also contact Ms. Schwartz by phone at (608) 266-0054.
To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss. 121.555 (3) (c), 121.555 (4) (a), 343.12 (2), 343.20 (1), 343.21 (3), 343.23 (2), 343.237, Stats., and interpreting ss. 121.555 (3) (c), 121.555 (4) (a), 343.12 (2), 343.20 (1), 343.21 (3), 343.23 (2), 343.237, Stats., the Department of Transportation will hold a public hearing on the 15th day of November, 2004, at the Hill Farms State Transportation Building, Room 144-B, 4802 Sheboygan Avenue, Madison, WI, at 1:00 PM, to consider the emergency rule amendment of ch. Trans 112, Wisconsin Administrative Code, relating to medical standards for driver licensing and general standards to school bus endorsements.
Parking for persons with disabilities and an accessible entrance are available.
Analysis Prepared by the Wisconsin Department of Transportation
Plain Language Analysis: Under current law, a person may not operate a school bus without a school bus endorsement issued by the Department of Transportation (DOT). DOT may issue a school bus endorsement to a person's valid motor vehicle operator's license if the person meets certain qualifications, including being free of conviction for certain crimes. A school bus endorsement is valid for the eight–year duration of the person's operator's license. Under certain circumstances, DOT must cancel the operator's license of a person to whom a school bus endorsement has been issued.
2003 Wisconsin Act 280 modified the existing criminal history requirements, and imposed additional requirements for the initial issuance or renewal of a school bus endorsement. That act prohibits DOT from issuing or renewing a school bus endorsement to an applicant if the applicant has been convicted of or adjudicated delinquent for any specified disqualifying crime or offense within a prior minimum specified time. These disqualifying crimes and offenses and minimum time periods for disqualification include those specified under current statutes, including various crimes against children. The act also authorizes DOT to specify by rule additional disqualifying crimes and offenses and the time period during which the disqualification applies.
Prior to Act 280, persons were not eligible for a school bus endorsement if he or she has been convicted of listed offenses (including a felony or an “offense against public morals") within the past five years, if the circumstances of the offense are “substantially related" to the circumstances of operating a school bus, or was convicted of specified offenses (including OWI and operating with a suspended or revoked license) within the past two years, regardless of whether the circumstances of the offense are “substantially related" to the circumstances of operating a school bus. Thus, Act 280 lengthened the periods of disqualification for some offenses, and listed some offenses that arguably are not “substantially related" to the circumstances of operating a school bus.
This rule establishes three periods of disqualification from eligibility for a school bus driver endorsement for conviction of listed felonies and misdemeanors. A lifetime disqualification is imposed on any person convicted of violent crimes resulting in death or serious physical injury to another, of sex offenses involving children and other vulnerable persons, or of other crimes involving predation or victimization of children or other vulnerable persons. A five-year disqualification is imposed on any person convicted of other crimes against life and bodily security, of other crimes against children, of crimes involving use of a motor vehicle, including operating while intoxicated (OWI), of possession of illegal weapons or of similar offenses likely to result in serious injury to others. A two-year disqualification is imposed on any person convicted of negligent operation of a motor vehicle, of obstructing emergency and rescue personnel or of other crimes.
Many of the listed offenses comprise felonies and misdemeanors. Under the rule, if a person provides evidence to the Department that his or her conviction of a listed offense is a misdemeanor conviction, the disqualification period is shortened to the next shorter disqualification period. However, there is no reduced disqualification period for misdemeanor sexual assault convictions, and the minimum period of disqualification for any listed offense (whether felony or misdemeanor) is two years.
The rule requires the Department to conduct a criminal history record search of every applicant for initial issuance or renewal to determine whether the person is convicted of disqualifying offenses. Although a school bus endorsement is renewed every eight years, DOT must conduct a criminal history search four years after the person obtains a school bus endorsement and, if appropriate, cancel the endorsement.
The rule also requires any person applying for initial issuance or renewal of a school bus endorsement to certify whether he or she has been convicted of any disqualifying offense, and allows the department to disqualify the person for the appropriate period based on that certification.
The rule requires any person who has resided in another state within the previous two years to notify the department of those other states, and requires the department to make a god faith effort to obtain the criminal history records from those other states, including submitting the persons fingerprints to the Department of Justice for a nationwide criminal history search.
The rule allows DOT to require every applicant for initial issuance or renewal of a school bus endorsement to provide two sets of fingerprints, and to pay fees for the two criminal history records searches that will be completed at initial issuance or renewal, and four years after the person obtains the school bus endorsement.
This rule making also makes minor changes to medical standards for school bus drivers not required under 2003 Wisconsin Act 280, including the following:
1. Allows physician to certify driver is following treatment plan for cerebrovascular function, without such certification of the patient.
2. Shortens from 12 to 6 months the period during which a school bus driver must be free of any cerebrovascular incident.
3. Eliminates the 12 month period during which school bus driver must be free of destructive behavior or suicidal tendencies, instead making eligible a driver who is free of such behaviors or tendencies at the time of application.
4. Provides that a license restriction imposed on a physician's recommendation may be lifted only by the physician that recommended the restriction or by the Department following its evaluation of the person's ability to drive.
5. Provides that a person who does not meet minimum waiting periods following certain medical disqualifications cannot request a medical review board assessment of those disqualifications, because those waiting periods cannot be waived.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: Federal school bus driver qualifications are set forth at 49 CFR 383.123. Under federal regulations, an applicant must certify and the State must verify that, during the two-year period immediately prior to applying for the school bus endorsement, the applicant has not been convicted of any of the disqualifying offenses in 49 CFR 383.51(b) (generally, OWI, speeding, leaving the scene of an accident, serious moving violations, and offenses involving alcohol and drugs) while operating a CMV or of any offense in a non-CMV that would be disqualifying under 49 CFR 383.51(b) if committed in a CMV; has not had more than one conviction of any of the serious traffic violations defined in 49 CFR 383.5, while operating any type motor vehicle; has not had any conviction for a violation of State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident and; has as not been convicted of any motor vehicle traffic violation that resulted in an accident.
No federal regulations have been proposed regarding school bus driver qualifications within the previous two years.
Comparison with Rules in Adjacent States:
Michigan: Michigan administrative rules require the driver to meet only statutory requirements, none of which relate to the driver's criminal background. Mich. Adm. Code R 340.232, 340.1252 (2004). Michigan statutes require a school to request a criminal background check prior to employing a driver, but do not appear to require the school to take any action based on the result of the search and do not appear to establish licensing qualifications based on criminal background. § 257.1853 (4), Mich. Comp. Laws Svc. (2004).
Minnesota: Minnesota school bus driver qualifications are set forth at s. 7414.0400, Minn. Adm. Code. Minnesota disqualifies a person convicted of a felony or certain misdemeanors from holding a school bus endorsement for 5 years after the conviction or for 5 years after the release from incarceration, whichever occurs later. An applicant is ineligible for a school bus endorsement while he or she has felony charges pending against him or her. Minnesota requires a criminal background check at initial issuance and renewal, but requires the school district or its contractor to complete the background check. However, an applicant who has resided in a state other than Minnesota within the preceding five years must have the background check completed by the FBI, by the state or the state's contractor. Minnesota imposes a lifetime disqualification for Head Start bus drivers convicted of certain crimes against minors. School bus driver qualifications are set forth in s. 171.3215, Minn. Stat.
Illinois: Illinois school bus driver qualifications are set forth at 92 Ill. Adm. Code 1035.15. Illinois imposes a lifetime disqualification for convictions of committing or attempting to commit listed felonies and misdemeanors, and a three year disqualification for reckless driving, OWI, or reckless homicide resulting from operation of a motor vehicle. Illinois statutes list disqualifying offenses at 625 ILCS 5/6-106.1, (2004). Illinois requires the prospective employer to collect fingerprints from the school bus permit applicant, and to submit those prints to the Secretary of State for an FBI background check. 92 Ill. Adm. Code 1035.25 (2004). Illinois requires the denial or cancellation of the school bus permit issued to any person whose criminal record check indicates is ineligible to hold the school bus permit. 92 Ill. Adm. Code 1035.35 (2004).
Iowa: Iowa school bus driver qualifications are set forth at 761 IAC 911.6(321). Iowa requires the regional transit system to conduct a criminal records review of each driver prior to employment and on an annual basis. This review verifies that the driver has no history of child abuse or other criminal activity. Each driver who transports students must have an authorization to operate a school bus issued by the department of education in accordance with Iowa Code section 321.376. Illinois statutes make ineligible any person convicted for a public offense as defined by the Iowa criminal code, if the offense is relevant to and affects driving ability, or if the offense includes sexual involvement with a minor student. Iowa Code § 321.375.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: 2003 Wisconsin Act 280 requires DOT to promulgate rules specifying crimes or other offenses, in addition to those specified in the statutes, the conviction for which, or adjudication of delinquency for which, disqualifies the applicant from initial issuance or renewal of a school bus endorsement and, for each such crime or offense, the time period within which the disqualification applies. The time period may be permanent but may not be less than the time period specified in the statutes. DOT first examined the statutes for every crime, and classified them by felony or misdemeanor. DOT further classified those crimes according to the threat they represented to school children or other vulnerable persons, to sexual offenses, to operation of a large motor vehicle, and that reflected on the person's trustworthiness with children. DOT established these criteria and completed the classification in consultation with the Wisconsin School Bus Association, a nonprofit organization that represents school bus companies and serves as Wisconsin's contact to the National Association of State Directors of Pupil Transportation. DOT and Wisconsin School Bus Association examined anecdotal examples known by those organizations and presented to the legislature during hearings on 2003 Senate Bill 350 (enacted as 2003 Wisconsin Act 280). Those anecdotes presented examples of school bus drivers that committed criminal offenses while holding a school bus endorsement who were skilled operators but that had criminal histories that suggested the driver might commit the offense. DOT has no factual data to support those anecdotes.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: This rule making will prohibit some skillful drivers from obtaining a school bus endorsement, and employment as a school bus driver. To the extent that this rule reduces the pool of school bus drivers, DOT expects that the cost of employing school bus drivers will rise. DOT has no factual data to determine how many bus drivers will be made ineligible by this rule. In its fiscal estimate for 2003 Senate Bill 350 prepared in January, 2004, DOT stated that it issues approximately 2,000 school bus driver endorsements each year, and projected 2,000 background checks per year. DOT has no information regarding how many applicants have resided in other states within the previous two years, or of how many school districts and school bus companies might already be employing criminal background checks as part of their ordinary employment practices.
You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:
Fiscal Effect and Anticipated Costs Incurred by Private Sector: As stated in more detail above, this rule will prohibit some skillful drivers from obtaining a school bus endorsement, and employment as a school bus driver. To the extent that this rule reduces the pool of school bus drivers, DOT expects that the cost of employing school bus drivers will rise. DOT has no information regarding how many school bus companies might already be employing criminal background checks as part of their ordinary employment practices.
Copies of Emergency Rule: Requests for copies of the emergency rule should be submitted to Karen Schwartz, Department of Transportation, Records and Licensing Information Section, Room 253, P. O. Box 7918, Madison, WI 53707-7918. You may also contact Ms. Schwartz by phone at (608) 266-0054.
To view the emergency rule or the proposed permanent rule, or submit written comments on the permanent rule via e-mail/internet, you may visit the following website:
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.