CR_09-044 Hearing to consider rules to create Ch. Trans 123, relating to registration of non-standard vehicles.

Plain language analysis

This rule making deletes authority of any person other than physicians to exempt persons from safety belt use requirements. This rule making will result in increased use of safety belts, and increase receipt of federal moneys for highway safety activities.

Comparison with federal regulations

Federal policy states that safety belt use requirements do not apply to, "Persons with medical conditions who are unable to use a safety belt, provided there is written documentation from a physician." The Department's current rules go further by allowing chiropractors and Christian Science practitioners to grant those exemptions.

Comparison with rules in adjacent states

Michigan

Mich. Comp. Laws. Annot. 257.710e(1)(e) exempts a person who possesses a written statement from a physician from safety belt use requirements. The Department was unable to identify any administrative rules on this topic.

Minnesota

Minn. Stats. Annot. § 169.686 (2) (3) allows physicians to exempt persons from safety belt use requirements. The Department was unable to identify any administrative rules on this topic.

Illinois

92 IL Admin. Code 1030.84 exempts from safety belt use requirements only to a person "possessing a written statement from a physician that the person is unable, for medical or physical reasons, to wear a seat safety belt."

Iowa

IA Admin. Code 761-600.16(321) authorizes physicians and chiropractors to exempt a person from safety belt use requirements for medical reasons. The Department identified no authority for Christian Science practitioners to exempt persons from safety belt use requirements.

Summary of factual data and analytical methodologies

None. NHTSA legal counsel informed the Department that in order to qualify for funds under 23 USC 406 , any administrative rule that exempts a person from safety belt use requirements must be consistent with the medical exemption permitted in the implementing guidelines for section 406 eligibility. Those guidelines limit the exemption to physicians.

Analysis and supporting documentation used to determine effect on small businesses

This rule making has no effect on small businesses.

Small Business Impact

This rule making will eliminate one issue of noncompliance specifically identified by NHTSA that makes Wisconsin ineligible for approximately $15,000,000 in federal safety belt use grant moneys.

Small business regulatory coordinator

The Department's Regulatory Review Coordinator may be contacted by e-mail at [e-mail] , or by calling [phone].

Fiscal Estimate

The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.

Text of Emergency Rule

SECTION 1. Trans 315.03 (1) (a) and (c) are amended to read:

Trans 315.03(1)(a) The person has a written statement signed by a licensed physician , chiropractor or a Christian Science practitioner residing in this state and listed in the Christian Science Journal indicating the person cannot be restrained by a safety belt because of a physical or medical condition, or words to that effect.

(c) The statement in par. (a) contains an address and telephone number of the physician , chiropractor, or Christian Science practitioner .

Notice of Hearing

Transportation

CR 09-044

NOTICE IS HEREBY GIVEN that pursuant to ss. 341.08 (2) (e) , 341.10 (6) , 341.63 and 342.255 , Stats., the Department of Transportation will hold a public hearing to consider the creation of Chapter Trans 123 , Wisconsin Administrative Code, relating to registration of non-standard vehicles.

Hearing Information

The public hearing will be held as follows:

Date and Time	Location
July 29, 2009 10:00 a.m.	Hill Farms State Transportation Building
	Room 254
	4802 Sheboygan Avenue Madison

An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.

Parking for persons with disabilities and an accessible entrance are available.

Copies of Proposed Rule

A copy of the proposed rule may be obtained upon request from Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at [phone] or via e-mail at carson.frazier@ dot.state.wi.us.

Submission of Written Comments and Agency Contact Person

The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at [phone] or e-mail: [e-mail] .

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 .

Analysis Prepared by the Wisconsin Department of Transportation

Statutes interpreted

Section 341.10(6) , Stats.

Statutory authority

"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.

Explanation of agency authority

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.

Related statute or rule

"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).

Plain language analysis

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.

Comparison with federal regulations

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

Comparison with rules in adjacent states

Michigan

Michigan law requires vehicles to comply with Michigan law equipment requirements for on-road operation, for titling and registration. If an imported vehicle is subject to federal standards, it must be upgraded by a registered importer before it may be titled and registered in Michigan. If a vehicle was manufactured before 1968, it is considered an antique vehicle and must have all on-road equipment required by Michigan law in effect at the time of manufacture.

Minnesota

Minnesota law requires that a vehicle comply with federal motor vehicle safety standards, for titling and registration. An imported vehicle must be certified by the importer as meeting federal safety standards. A collector military vehicle, 20 years old or older, may be registered only by a non-profit organization and only for operation as a collector's item and not for general transportation purposes.

Illinois

Illinois law requires that a vehicle comply with federal motor vehicle safety standards, for titling and registration. An imported vehicle must be certified by the importer as meeting federal safety standards.

Iowa

Iowa law requires that if federal law requires a vehicle to bear a manufacturer's label, that the vehicle complies with federal motor vehicle safety standards, the label must be present for titling and registration.

Summary of factual data and analytical methodologies

The Department had for several years followed a policy interpreting s. 341.10 (6) , Stats., which prohibits the Department from registering off-road vehicles that do not meet the requirements of s. 114 of the National Traffic and Motor Vehicle Safety Act of 1966. This Department policy does not define "off-road" vehicles but essentially refuses to register for on-road use any vehicle that does not meet federal on-road safety and equipment standards.

The Department concluded that the statutory provision requires Wisconsin to conform to federal regulations. The Department has revised its policy to conform to federal interpretations, and this rule codifies the current Department policy. The Department also addresses issues that were raised in a recent WDOA Division of Hearings and Appeals administrative hearing regarding the Department's cancellation of registration of imported military vehicles made after 1967. Vehicle Owned by Paul Underwood, Case TR-08-0027 (Sept. 18, 2008).

Analysis and supporting documentation used to determine effect on small businesses

This proposed rule clarifies statutory provision that the Department will refuse registration to certain motor vehicles that do not meet FMVSS. Motor vehicle dealers and importers will need to understand eligibility criteria for vehicle registration, before they import or attempt to sell motor vehicles intended for on-road use in this state.

Small Business Impact

The rule will enable small businesses that are dealers and importers to know the criteria for registration before they import or attempt to sell motor vehicles.

Small business regulatory coordinator

The Department's Regulatory Review Coordinator may be contacted by e-mail at [e-mail] , or by calling [phone].

Fiscal Estimate

The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands.

Anticipated costs incurred by private sector

The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.

Text of Proposed Rule

SECTION 1 . Chapter Trans 123 is created to read:

Chapter Trans 123

Registration of Non-Standard Vehicles

Trans 123.01 Purpose. The purpose of this chapter is to interpret s. 341.10(6) , Stats., and to establish eligibility criteria for off-road vehicles for the purpose of vehicle registration under ch. 341 , Stats.

Trans 123.02 Applicability. This chapter applies to any vehicle presented to the department for registration under ch. 341 , Stats.

Trans 123.03 Definitions. Unless otherwise stated, the definitions of words and phrases in ss. 340.01 and 341.01 , Stats., apply to this chapter. In this chapter:

(1) "Manufacturer's certification label" means the label or tag permanently affixed to the vehicle in conformity with s. 114 of the National Traffic and Motor Vehicle Safety Act of 1966, as amended, 49 USC 30115 (2006) and 49 CFR 567 (2008), that indicates the vehicle complies with applicable federal motor vehicle safety standards.

(2) "NHTSA" means the National Highway Traffic Safety Administration of the U. S. Department of Transportation.

(3) (a) "Off-road vehicle" means a motor vehicle that is any of the following, and includes any motor vehicle that is made after 1967 and that does not conform to federal motor vehicle safety standards or is not required to conform to those standards:

1. Not considered to be a motor vehicle for purposes of the National Traffic and Motor Vehicle Safety Act of 1966 as amended, 49 USC 30101-30170 (2006), that is subject to Federal Motor Vehicle Safety Standards established by NHTSA at 49 CFR 571 (2008).

2. Deemed by NHTSA to be a motor vehicle under its regulations and interpretations prior to the effective date of this chapter … . [legislative reference bureau inserts date], but is not subject to federal motor vehicle safety standards established by NHTSA.

3. Not deemed to be a motor vehicle by NHTSA.

4. Not a motor vehicle that uses public highways on a necessary and recurring basis or is not capable of exceeding 20 miles per hour on paved, level ground.

(b) Notwithstanding par. (a), "off-road vehicle" does not include any vehicle that:

1. Has been certified to NHTSA as meeting federal motor vehicle safety standards by an importer that is registered with NHTSA.

2. Is listed by NHTSA as a model made for use in another country that is substantially similar to a motor vehicle originally made for import into and sale in this country and that meets federal motor vehicle safety standards or meets the requirements in 49 USC 30112 (2) (2006).

(4) "Register" means to register a vehicle under ch. 341 , Stats.

Trans 123.04 Vehicles manufactured before 1968. Upon application to register a vehicle, the department shall register any vehicle manufactured before 1968 for which a vehicle classification exists under ch. 341 , Stats. The vehicle may be subject to equipment requirements under s. 347.02(7) , Stats., and registration requirements under s. 341.268 , Stats.

Trans 123.05 Registration of off-road vehicles manufactured 1968 or after. (1) Upon application to register a vehicle, the department may register an off-road vehicle manufactured 1968 or after only if the vehicle displays a manufacturer's certification label. The department shall consider the manufacturer's certification label as the only proof that the vehicle meets the provisions of s. 114 of the National Traffic and Motor Vehicle Safety Act of 1966, as amended.

(2) Title or registration obtained in another state does not conclusively establish the vehicle's eligibility for title and registration issued by Wisconsin. The Department shall independently assess whether a vehicle is eligible for registration under the laws of this state.

Trans 123.06 Grandfathered nonconforming vehicles. Notwithstanding any provision of this chapter that might otherwise prohibit registration, the owner of any vehicle that is registered in this state on the effective date of this section … . [legislative reference bureau inserts date] may renew that registration and may change the type of registration. This section applies only until the owner shown on department records on the effective date of this section .... [legislative reference bureau inserts date] is removed from department records as an owner of the vehicle. For vehicles owned by more than one owner on the effective date of this section … . [legislative reference bureau inserts date], this section applies only until the last owner shown on department records on the effective date of this section … . [legislative reference bureau inserts date] is removed from department records as an owner of the vehicle. Lien holders are not considered owners for purposes of this section.

Trans 123.07 Cancellation of registration . If, subsequent to registering a vehicle, the department learns that the information the applicant had presented was incorrect or false and the vehicle should not have been registered, the department shall cancel the registration of the vehicle. If the department cancels the registration of the vehicle under this section, the applicant may reapply for registration at any time but shall present to the department information that proves to the department that the vehicle is eligible for registration. This section does not apply to vehicles eligible for registration under s. Trans 123.065 .

Notice of Hearing

Transportation

CR 09-049

NOTICE IS HEREBY GIVEN that pursuant to s. 84.01 (6m) (b) 6. and 7. , Stats., as created by 2007 Wis. Act 125 , and s. 227.11 (2) (a) , Stats., the Department of Transportation will hold a public hearing to consider the revision of Chapters Trans 510 and 512 , Wisconsin Administrative Code, relating to the transportation facilities economic assistance and development program, and the transportation infrastructure loan program.

Hearing Information

The public hearing will be held as follows:

Date and Time	Location
August 5, 2009 10:00 a.m.	Hill Farms State Transportation Building
	Room 901
	4802 Sheboygan Avenue Madison

An interpreter for the hearing impaired will be available on request for this hearing. Parking for persons with disabilities and an accessible entrance are available.

Copies of Proposed Rule

A copy of the rule may be obtained upon request from Dennis Leong, Department of Transportation, Division of Investment Management, Economic Development Section, Room 901, P. O. Box 7913, Madison, WI 53707-7913. You may also contact Mr. Leong by phone at [phone] or via e-mail at [e-mail] .

Submission of Written Comments and Agency Contact Person

The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Dennis Leong, Department of Transportation, Division of Investment Management, Economic Development Section, Room 901, P. O. Box 7913, Madison, WI 53707-7913. You may also contact Mr. Leong by phone at [phone] or via e-mail at [e-mail] to obtain copies of the proposed rule.

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 .

Analysis Prepared by the Wisconsin Department of Transportation

Statutes interpreted

Section 84.01 (6m) (b) 6. and 7. , Stats., as created by 2007 Wis. Act 125 .

Statutory authority

Section 84.01 (6m) (b) 6. and 7. , Stats., as created by 2007 Wis. Act 125 , and section 227.11 (2) (a) , Stats.

Explanation of agency authority

Presently, chs. Trans 510 and 512 do not include a requirement for the submittal of a verified statement signed by both an independent certified accountant and the director or principal officer of the recipient of an economic development grant or loan as required under 2007 Wis. Act 125 . Also, these rules do not specify what actions the department is permitted to take in the event of the submittal of false or misleading information or noncompliance with the contract. Ch. Trans 510 includes no specific guidelines requiring that grant or loan recipients submit a report to the Department, as required under 2007 Wis. Act 125 .

Related statute or rule

ss. 84.185(4) and 85.52 , Stats.

Plain language analysis

This rule making will implement the provisions of 2007 Wis. Act 125 that relate to: (1) providing verified statements from an independent certified accountant and the director or principal officer of the recipient of a grant or loan, (2) permitting the Department to recoup payments made, withhold payments due, or impose a forfeiture on a noncompliant recipient of a grant or loan, and (3) including contract provisions into project agreements specifying the format and frequency of the report to be submitted by the recipient to the Department. These rule changes will affect the reporting and evaluation of performance measures for each economic development program administered by the Department.

Comparison with federal regulations

No federal regulation applies to other DOT programs defined as an "economic development program" under 2007 Wis. Act 125 . The Act defines economic development program as a program or activity having the primary purpose of encouraging the establishment of growth of business in the state, including the creation and retention of jobs. Department programs are transportation infrastructure projects that contribute to the mobility, safety and transportation efficiency for transporting freight and the traveling public.

Comparison with rules in adjacent states

Michigan

Economic grants and loans to businesses are administered through the Michigan Economic Development Corporation, formed in 1999 through an alliance between the State of Michigan and several local communities. The Corporation is the successor to the Michigan Jobs Commission, the state's economic development department. The corporation maintains the database regarding the grant and loan awards and conducts audits regarding the performance of the financial programs. Travel Michigan, a division of the Corporation, provides the tourism promotional functions for the state. There is no online website or annual reports available via the website with a listing for the grant and loan recipients.

Minnesota

Section 116J.994, creation of a Business Assistance Report with a list of businesses receiving state assistance, amount of subsidy, number of jobs, hourly wages, and cost of health insurance broken down by wage level. Information on companies receiving assistance is posted online.

Illinois

Public Act 552-93 of 2003, annual progress reports required as to the amount and type of assistance, job creation/retention, job classifications and average wages. Progress reports are available online in searchable database by year and program type.

Iowa

Iowa Code s. 15.113 and other statutes require mandatory reports regarding the financial assistance provided to private businesses. The Iowa Department of Economic Development administers and provides oversight for the assistance programs. The development agency adopted rules on June 15, 2007, to implement a new job counting and tracking method. Under this Department, there is a legal and compliance team responsible for conducting onsite monitoring at project completion, job maintenance, contract amendments, and the preparation of progress reports. These reports are published periodically and are available online.

Summary of factual data and analytical methodologies

The amendments to ss. Trans 510.08 and 512.06 were proposed to bring the Department's economic development programs in compliance with the specific reporting and evaluation requirements of s. 84.01 (6m) (b) 6. and 7. , as created by 2007 Wis. Act 125 .

Analysis and supporting documentation used to determine effect on small businesses

A database of 296 previous and current TEA grant awards were analyzed for impacts to small businesses

Small Business Impact

Since TEA grants provide transportation infrastructure necessary for newly-created or expanded businesses in the state, the analysis revealed that the kind of businesses in the program will have little or no difficulty in complying with the jobs reporting requirement. Job numbers are also reported as part of the unemployment compensation program under the Department of Workforce Development The sponsoring community receiving the grant award will be asked to provide a jobs information report compiled by an independent certified accountant and a public official of the recipient community for each business as specified in the jobs guarantee agreement that benefited from the transportation infrastructure improvement. The annual jobs report will be provided to the TEA grant manager annually for seven years or for a duration as specified in the jobs guarantee agreement. Failure to provide annual reports could result in the reimbursement of the grant to the Department of Transportation.

Small business regulatory coordinator

The Department's Regulatory Review Coordinator may be contacted by e-mail at [e-mail] , or by calling [phone].

Fiscal Estimate

The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands.

Anticipated costs incurred by private sector

The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.

Notice of Hearing

Veterans Affairs

EmR0911

NOTICE IS HEREBY GIVEN That pursuant to s. 45.40 (3m) , Stats., and Chapter 227 , Stats., the Wisconsin Department of Veterans Affairs will hold a public hearing to consider the creation of section VA 2.01 (1) (u) , (3) (d) , (e) , and (f) as emergency rules relating to the assistance to needy veterans grant program.

Hearing Information

The public hearing will be held as follows:

Date and Time	Location
August 14, 2009 Friday	Department of Veterans Affairs Board Room
10:00 a.m.	8th Floor
	30 West Mifflin Street Madison, WI

The public hearing site is accessible to people with disabilities.

If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact James A. Stewart at [phone] or [e-mail]

Submission of Written Comments

Comments on the emergency rules may be submitted to James A. Stewart, 30 West Mifflin Street, P.O. Box 7843, Madison, WI 53707-7843. Phone: [phone] E-Mail: [e-mail] .

Comments should be submitted no later than August 28, 2009.

Analysis Prepared by the Wisconsin Department of Veterans Affairs

Statute interpreted

Section 45.40 (2) , Stats.

Statutory authority

Section 45.40 (3m) , Stats.

Explanation of agency authority

The department is charged with administering a grant program to assist needy veterans with health care. It provides eligible applicants with dental, hearing and vision care through private health care providers. The Legislature has granted the agency authority to promulgate "eligibility criteria" which the agency interprets to include both definitions of the eligible care under this program and the amount of funding for each type of eligible care. These emergency rules were promulgated under the authority of s. 227.24 (1) (c) , Stats.

Related statute or rule

There is no related statute or rule.

Plain language analysis

The creation of s. VA 2.01 (1) (u) , (3) (d) , (e) , and (f) will create a definition of "vision care" and establish the limitation of health care assistance available under this program. The program is intended to provide health care assistance to those veterans who are not eligible for the federal assistance offered to veterans. Current definitions of "dental care" and "hearing care" do not provide an eligibility limitation on the provision of care which health care professionals can provide. No definition or eligibility limitation on services exists for "vision care" in the current program. The creation of eligibility limitations for "dental care" and "hearing care", as well as the creation of a definition and eligibility limitation for "vision care" will allow veterans to receive a reasonable modicum of the benefits available to those veterans eligible for federal assistance. The creation of VA 2.01 (3) (d), (e), and (f) will place eligibility limitations upon the cost, provision and frequency of available services.

Comparison with federal regulations

There is no current or pending federal regulation which would provide health care aid for the eligible veterans under this program.

Comparison with rules in adjacent states

There are no similar rules in adjacent states.

Summary of factual data and analytical methodologies

Surveys of multiple private vendors of dental care services, hearing care services, and vision care services were undertaken to refine the definition of each service. The United States Department of Veterans Affairs was also contacted to determine what services were offered through that agency and to review costing mechanisms used in the provision of each of the elaborated health care services.

Analysis and supporting documents used to determine effect on small business

No analysis was performed regarding an economic impact statement.

Small Business Impact

These rules have no effect upon small businesses, nor any significant fiscal impact upon the private sector.

Fiscal Estimate

Assumptions used in arriving at fiscal estimate

Provisions of 2007 Wisconsin Act 20 eliminated caps for dental care, hearing care and vision care and increased the lifetime cap to $7,500. Prior to those changes, the annual cap for dental care was $2,500, $1,500 per ear for hearing care and $500 for vision care. The lifetime cap was $5,000. The authorized funding for the 2007-09 biennium is $1,492,000. Of that amount, $1,277,700 was expended in FY08, which left a balance of $214,300 to cover FY09 payments. As a result, the program was closed in October, 2008. Based on the FY08 usage rate and assuming the proposed rule changes are not enacted, the total estimated HCAG demand for the 2009-11 biennium would be about $5.5 million.

Only $1,991,500 in budget authority was requested in the 2009-11 biennial budget based on the assumption that rule changes would be adopted that reduce the amount of grants awarded under the ANV program to that level. Under the proposed rule changes noted above, the estimated demand would be about $2.24 million for the 2009-11 biennium. Thus, while the projected biennial savings as a result of the proposed rule changes would be about $3.3 million, an additional $240,000 of budget authority will be needed to cover the projected demand under the proposed rule changes.

State fiscal effect

Decrease costs.

Local government fiscal effect

None.

Fund sources affected

SEG.

Affected Ch. 20 appropriations

Section 20.485 (2) (vm) , Stats.

Agency Contact Person

James A. Stewart, Chief Legal Counsel, 30 West Mifflin Street, P.O. Box 7843, Madison, WI 53707-7843; Phone: [phone]; E-Mail: [e-mail] .

Text of Emergency Rule

SECTION 1. VA 2.01 (1) (u) is created to read:

VA 2.01 (1) (u) "Vision care

SECTION 2. VA 2.01 (3) (d) is created to read:

VA 2.01 (3) (d) Dental care limitation. Dental care shall not exceed $500 in any consecutive 12 month period except where an upper and lower denture is required and each denture shall not exceed $1875.00 in any consecutive 48 month period.

SECTION 3. VA 2.01 (3) (e) is created to read:

VA 2.01 (3) (e) Hearing care limitation. Hearing care shall not exceed $200.00 in any consecutive 12 month period except where a right or left ear hearing aid is required and each hearing aid shall not exceed $1875.00 in any consecutive 48 month period.

SECTION 4. VA 2.01 (3) (f) is created to read:

VA 2.01 (3) (f) Vision care limitation. Vision care shall not exceed $400.00 for both a vision exam and the purchase of lens and frame in any consecutive 12 month period.

Effective Dates

The emergency rules contained in this order took effect on the date of publication in the official state newspaper, July 1, 2009, as provided in s. 227.24 (1) (c) , Stats. The emergency rules shall apply to all applications received on or after that effective date. These rules shall terminate November 28, 2009, or 60 days following the date of any extension which may be granted, whichever is later.

Finding of Emergency

The Wisconsin Department of Veterans Affairs finds that an emergency exists and that the attached rules are necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is: The economic recession in effect for the last fiscal year has adversely affected the veteran population. Many veterans have lost their employment or had their scope of employment reduced. In addition to losing employment, many veterans have seen their health care reduced or eliminated. In order to serve the largest population of veterans and ensure minimal health care for that population, the department is requesting emergency rules to define "vision care" and to limit the eligibility, by available funding, for "dental care", "hearing care", and "vision care". These eligibility limitations, which address the cost, type and frequency of care available under the program, will allow more veterans in need to access the limited resources of this program.