CR_09-049 Hearing to consider rules to revise Chs. Trans 510 and 512, relating to Transportation Facilities Economic Assistance and Development program and the Transportation Infrastructure Loan program.

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.