(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.

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 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.

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.

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.

To view or print a copy of the emergency rule, you may visit the following website:
http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm.

Section 347.48(2m)(e), Stats.

Sections 84.015, 84.41 (7) and 347.48 (2m) (e), Stats.

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.

23 USC 406, 71 Fed. Reg. 4196 (Jan. 25, 2006).

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.

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.

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.

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.

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."

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.

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.

This rule making has no effect on small businesses.

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.

The Department's Regulatory Review Coordinator may be contacted by e-mail at ralph.sanders@wisconsin.gov, or by calling (414) 438-4585.

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.

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 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.

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.

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.

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.

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.

Section 341.10(6), Stats.

“Grounds for refusing registration," s. 341.10 (6), Stats.; “When registration to be suspended," s. 341.63, Stats.; “Cancellation of title or registration," s. 342.255, Stats.; “Application for registration," s. 341.08 (2) (e), Stats.

Current law prohibits the Department of Transportation from registering for on-road use any motor vehicle that is “originally designed and manufactured for off-highway operation" unless the vehicle bears a label on which the manufacturer certifies that the vehicle meets federal standards for on-road vehicles. Current law also requires the Department to suspend registration if it discovers that the registrant does not or cannot register the vehicle properly, and to cancel registration and title if it discovered that law prohibits the issuance or possession of a title or registration. Current law does not specify how to determine whether a vehicle is “originally designed and manufactured for off-highway operation." Federal law states that any vehicle made for on-road use in this country after 1967 must meet federal equipment standards. The Department applied that policy to conclude that a vehicle “originally designed and manufactured for off-highway operation" after 1967 is any vehicle that was not made for on-road use in this country. Federal law allows importation of vehicles originally made for foreign markets if the vehicle meets U.S. on-road standards, or is a model deemed to be “substantially similar" to vehicle models made for sale in this country, or is more than 25 years old at the time of importation. This rule making is intended to harmonize state law regarding registration for on-road use with the federal law requiring that vehicles meet U.S. on-road standards, except that this rule making does not adopt the federal exception for imported vehicles made after 1967 that are more than 25 years old.

“Motor Vehicle Safety," 49 USC 30101-30170 (2006); “Importing motor vehicles capable of complying with standards," 49 USC 30141 (2006); “Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment," 49 USC 30112 (2006); “Certification of compliance," 49 USC 30115; “Federal motor vehicle safety standards“ 49 CFR 571 (2008); “Certification," 49 CFR 567 (2008).

This rule making creates ch. Trans 123, relating to grounds for the Department to refuse vehicle registration. Section 341.10(6), Stats., refers to a vehicle “originally designed and manufactured for off-highway operation." This proposed rule clarifies that the Department's registration or refusal of registration conforms to the National Highway Traffic Safety Administration (NHTSA) regulations implementing Federal Motor Vehicle Safety Standards (FMVSS). In 1967, Congress declared a need to reduce traffic accidents and deaths and injuries resulting from traffic accidents and found it necessary to prescribe motor vehicle safety standards for motor vehicles and motor vehicle equipment in interstate commerce. The FMVSS were established in response.

NHTSA defines a “motor vehicle" as a vehicle that uses the public highways on a necessary and recurring basis and can exceed 20 miles per hour. The proposed rule defines “off-road vehicle" as a motor vehicle under Ch. 340, Stats., that does not meet the definition of “motor vehicle" under federal law.

The proposed rule states that the Department shall register any vehicle that was manufactured before 1968. The vehicle may be subject to equipment requirements under Ch. 347, Stats., and registration requirements under s. 341.268, Stats., regarding homemade and replica vehicles.

The proposed rule clarifies that the proof that a vehicle complies with FMVSS is that the vehicle displays a certification label as required by s. 114 of the National Traffic and Motor Vehicle Safety Act of 1966, as amended, or bears an FMVSS-conforming vehicle identification number (VIN). A vehicle manufactured for the non-U.S. market may be registered if it meets one of three certification methods to show that it complies with FMVSS.

The proposed rule establishes that an off-road vehicle with a model year 1968 or newer will be registered only if the vehicle displays a certification label that indicates the vehicle is certified by the manufacturer as meeting Federal Motor Vehicle Safety Standards, or if the manufacturer or importer certifies in one of three other methods that the vehicle complies with FMVSS.

The proposed rule requires the Department to cancel registrations initially made after the rule takes effect if the registration application contained incorrect or false information. The rule “grandfathers" in vehicles currently registered and allows them to continue to be registered until the vehicle is transferred to a new owner.

This proposed rule establishes Wisconsin refusal of registration for motor vehicles in conformity with federal NHTSA regulations implementing FMVSS.