Sections 227.11 (2), 304.06 (1) (c), and 304.06 (1) (em), Stats.

The commission estimates that it will take approximately 50 hours to develop this rule, including drafting the rule and complying with rulemaking requirements.

The rule affects persons who are convicted of criminal offenses and receive a sentence under s. 973.01, Stats., Department of Corrections staff, and Parole Commission staff.

There are no federal regulations which address the issue of modification of sentences under s. 973.01, Wis. Stats.

Kathryn R. Anderson, Chief Legal Counsel, Wisconsin Department of Corrections, 3099 East Washington Avenue, P.O. Box 7925, Madison, WI 53707-7925, (608) 240-5049, kathryn.anderson@wisconsin.gov.

This statement of scope was approved by the governor on August 9, 2011.

Revises section PD 3.03, relating to determination of financial eligibility.

Proposed changes to section PD 3.03 are made in response to the directives of 2011 Act 32.

Wis. Stats. s. 977.02 authorizes the State Public Defender Board to promulgate rules regarding indigency and eligibility for legal services. In determining indigency, s. 977.02 (3) directs the State Public Defender to consider a person's available assets and income. Section 977.02 (3) (c) directs the SPD to consider as income only that income which exceeds the income limitations in s. 49.145 (3) (b). The executive budget act of the 2011 legislature, Act 32, sections 3559d and 3559h, made the following changes to the way by which the SPD considers the assets and income of persons applying for public defender representation.

Assets:

Prior legislation, 2009 Act 164, directed the State Public Defender, in determining whether someone was eligible for public defender representation, to consider assets in the manner described in s. 49.145 (3) (a) (Wisconsin Works). 2011 Act 32 changed these Act 164 provisions relating to W2, and directs the SPD to make the eligibility determination based on a combined equity value of available assets, without regard to asset valuation under Wis. Stats. s. 49.145 (3) (a).

Income:

Prior legislation, 2009 Act 164, tied eligibility to the federal poverty guidelines. Under prior legislation, eligibility for public defender representation would automatically change if the federal poverty guidelines were adjusted.

Pursuant to 2011 Act 32, eligibility will not automatically change when the federal poverty guideline is updated. Instead, income eligibility is frozen at 115% of the 2011 federal poverty guideline. Thus, in the event the federal poverty guideline changes, eligibility for state public defender representation will still be determined by the 2011 rate.

Changes mandated by 2011 Act 32 are ministerial in nature and will not require extensive expenditures of time or resources.

Over time, as the poverty line adjusts, counties will spend additional resources on persons who do not qualify for State public defender representation.

This statement of scope was approved by the governor on August 16, 2011.

Payment of legal fees; ability to pay; indigency.

Revises section PD 6.025 are made in response to the directives of 2011 Act 32.

Wis. Stats. s. 977.02 authorizes the State Public Defender Board to promulgate rules regarding eligibility for legal services.

Prior legislation, 2009 Act 164, tied eligibility and ability to pay for SPD representation to the federal poverty guidelines. Pursuant to 2011 Act 32, sections 3559(d) and 3559(h) the guidelines used for determining whether someone is eligible for, and has ability to pay for, SPD representation will not automatically change when the federal poverty guideline is updated. Instead, the guidelines for income eligibility for representation and income available to repay the SPD for that representation, are frozen at 115% of the 2011 federal poverty guideline.

Pursuant to Wis. Stats. s. 977.02 (3) (b), 977.02 (3) (c), and 977.02 (4m), the SPD is directed to promulgate rules related to the ability of persons eligible for SPD representation to re-pay the cost of that representation.

Changes mandated by 2011 Act 32 are ministerial in nature and will not require extensive expenditures of time or resources.

Over time, as the poverty line adjusts, counties will spend additional resources on appointing attorneys to represent persons who do not qualify for State public defender representation but cannot afford to retain private counsel.

N/A.

Kathleen Pakes, Legal Counsel, State Public Defender, (608) 261-0633.

This scope statement was approved by the governor on August 16, 2011.

Revises Chapter Tax 7.

Requirements for fermented malt beverage wholesalers' permits and authorized activities for persons holding wholesalers' and brewers' permits.

The objective of the proposed rule changes is to administer the provisions of ss. 125.28 (5) (e) and 125.29 (3), Stats., as created by 2011 Wisconsin Act 32, and reflect revisions made by the Act to the authorized activities of persons holding wholesalers' and brewers' permits.

Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect law changes. If the rules are not changed, they will be incorrect in that they will not reflect current law or current Department policy.

Section 125.28 (5) (e), Stats., as created by 2011 Wisconsin Act 32, requires the Department to promulgate rules to administer and enforce the requirements for fermented malt beverage wholesaler's permits under the Act. In addition, Act 32 converted the wholesaler's license issued by a local municipality to a statewide permit issued by the Department of Revenue and revised the authorized activities for wholesalers and brewers. These law changes must be reflected appropriately in Chapter Tax 7.

Section 125.03, Stats., provides “[t]he department, in furtherance of effective control, may promulgate rules consistent with this chapter and ch. 139."

Section 125.28 (5) (e), Stats., as created by 2011 Wisconsin Act 32, provides “[t]he department shall promulgate rules to administer and enforce the requirements under this subsection. The rules shall ensure coordination between the department's issuance and renewal of permits under this section and its enforcement of the requirements of this subsection, and shall require that all applications for issuance or renewal of permits under this section be processed by department personnel generally familiar with activities of fermented malt beverages wholesalers. The department shall establish by rule minimum requirements for warehouse facilities on premises described in permits issued under this section and for periodic site inspections by the department of such warehouse facilities."

Section 227.24 (1) (a), Stats., provides “[a]n agency may promulgate a rule as an emergency rule without complying with the notice, hearing and publication requirements under this chapter if preservation of the public peace, health, safety or welfare necessitates putting the rule into effect prior to the time it would take effect if the agency complied with the procedures."

The department estimates it will take approximately 175 hours to develop the emergency and proposed permanent rule orders.

Municipal fermented malt beverage wholesaler licensees and retailer licensees, holders of brewer, brewpub and out-of-state shippers' permits, and all cities, villages, and towns issuing fermented malt beverage licenses.

The Federal Alcohol Administration Act, Title 27 United States Code, contains provisions regarding the qualification and operation of alternating proprietors at breweries and contract brewing arrangements as regulated by the U.S. Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau (TTB). The department's emergency and proposed rule orders will be influenced by these regulations, but will not interfere with or duplicate them.

Dale Kleven (608) 266-8253.

This statement of scope was approved by the governor Scope on August 18, 2011.

Revises Chapter Trans 327, relating to motor carrier safety.

The federal regulations at 49 CFR 383 and 391 were revised by “Medical Certification Requirements as Part of the CDL", 73 FR 73096 (Dec. 1, 2008; RIN 2126-AA10). This rule implements new federal requirements for commercial drivers obtaining and submitting medical certificates conformity with those federal regulations. Section 343.065 (3) of the statutes, created 2011 Wisconsin Act 32, requires the department to downgrade commercial drivers licenses of drivers who fail to provide federally mandated medical certifications, and to promulgate rules defining this downgrade process.

This rule-making will allow the department to:

Starting in January 2012, all original and renewal applicants for a commercial driver's license must certify their driving type (Tier). Drivers operating in interstate commerce who are not subject to the exceptions identified (Tier 1) also must furnish a copy of their federal medical certificate (sometimes called a “Fed Med card") to the department. The department must electronically capture the information on the federal medical certificate, and retain a copy of the federal medical certificate on file.

In January 2014, ALL persons in Wisconsin that hold a commercial driver's license (CDL) will be required to comply with these requirements as well. The department will downgrade drivers that fail to comply with these requirements in accordance with the procedures defined below.

These federal regulations, as well as s. 343.065 (3), stats., require the department to downgrade a driver's commercial driving privileges if the driver is operating in non-excepted interstate commerce (Tier 1) and fails to submit a federal medical certificate or to keep his or her federal medical certificate current.

Several alternatives exist to implementing these new regulations for allowing drivers to certify their driving type as well as the downgrade process.