Rule-Making Notices
Notice of Hearing
Children and Families
Family and Economic Security, Chs. DCF 101-153
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.138
and
227.11 (2) (a)
, Stats., the Department of Children and Families proposes to hold a public hearing to consider rules relating to emergency assistance for needy families.
Hearing Information
September 2, 2009
|
MADISON
|
Wednesday
|
GEF 1 Building
|
1:30 p.m.
|
201 E. Washington Avenue Room H204
|
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.
Copies of Proposed Rule
A copy of the proposed rules is available at
http://adminrules.wisconsin.gov
. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule or fiscal estimate by contacting:
Elaine Pridgen
Office of Legal Counsel
Department of Children and Families
201 E. Washington Avenue
Madison, WI 53707
(608) 267-9403
Submission of Written Comments
Written comments on the proposed rules received at the above address, email, or through the
http://adminrules.wisconsin.gov
web site no later than September 2, 2009, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Children and Families
Statutory authority
Statutes interpreted
Related statutes or rules
Explanation of agency authority
Section
49.138
, Stats., provides that the Department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or impending homelessness, or energy crisis. Needy person has the meaning specified by the Department by rule. There are 6 criteria under which a family may be considered to be homeless or to be facing impending homelessness. One of these criteria is if the family is without a fixed, regular, and adequate nighttime residence.
The Department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member.
Summary of the rule
Eligibility for tenants facing impending homelessness because of a foreclosure action
Under the current rule on Emergency Assistance, a group in rental housing that is facing impending homelessness because of a foreclosure action against their landlord is not eligible for assistance to obtain a new permanent living accommodation. To be eligible for Emergency Assistance for impending homelessness a group must be experiencing a financial crisis that makes it very difficult to make a rent payment, mortgage payment, or property tax payment and have been notified that they will be required to leave their current housing if they do not make that payment immediately.
In 2008, foreclosure filings in Wisconsin were 62% higher than in 2007 and were 249% higher than in 2006. The Joint Center for Housing Studies estimates that investor-owned one- to four-family rental properties account for nearly 20% of all foreclosures nationally. Despite the fact that low income families generally know that Emergency Assistance is not available for renters losing their housing due to a foreclosure action against the owner, at least 18 families in this situation have applied for Emergency Assistance at Milwaukee Wisconsin Works (W-2) agencies in recent months.
Renters of properties in foreclosure can be even more vulnerable to homelessness than owners because tenants often have limited notice of the foreclosure and few resources to allow them to obtain replacement housing quickly. Until the recent enactment of s.
846.35
Stats., as created by
2009 Wisconsin Act 2
, there was no requirement of notice to tenants in foreclosure of residential rental property. Section
846.35
, Stats., provides that the plaintiff in an action for foreclosure of residential rental property must notify the tenant at filing of the action, when judgment is entered, and when the hearing to confirm the sale of the property has been scheduled. In addition, a tenant may retain possession of the rental unit for up to 2 months after the end of the month in which the sale of the property is confirmed. These new protections for tenants apply to foreclosure actions that are commenced on or after March 5, 2009.
The proposed rule will provide that a group in rental housing that is facing impending homelessness because of a foreclosure action against their landlord will be eligible for Emergency Assistance to obtain a new permanent living accommodation. To be eligible for assistance, the group must have received written or oral notice that they will be removed from their rental housing because of a foreclosure action against the owner, the removal of the group from the rental housing is scheduled to occur within 30 days, and the group needs emergency assistance to obtain a new permanent living accommodation. The W-2 agency will verify eligibility.
Financial eligibility
Under the current rule, the W-2 agency's determination of financial eligibility is based on total financial need. Total financial need is determined adding all unpaid expenses for the group and the costs of needs due to the emergency and subtracting all available income and resources. The rule provides a list of 9 types for needs due to the emergency. Income is determined in the same manner as the W-2 program, except income from W-2 benefits, kinship care payments, SSI, and SSI supplemental payments for children of recipients is disregarded. There is a $3,000 asset limit.
W-2 agencies and others have found this methodology for determining financial eligibility to be confusing, time-consuming, and cumbersome. The proposed rule repeals and recreates the methodology for determining financial eligibility to make it similar to W-2. The proposed rule provides that the gross income of the emergency assistance group may not exceed 115% of the poverty line. The W-2 agency will determine income in the same manner as W-2, with income disregards for kinship care payments and foster care payments if the foster payment is on behalf of a child who is a relative. Foster care payments are added as an income disregard because under the graduated licensing system for foster care in
2009 Wisconsin Act 28
, some caretaker relatives who are currently receiving kinship care payments will instead be receiving foster care payments when the new foster care licensing system is implemented in 2010. To facilitate automation of emergency assistance eligibility determination by making it the same as W-2, the proposed rule repeals the exclusion of Supplemental Security Income payments and SSI supplemental payments for children of recipients and changes the emergency assistance asset limit to $2,500.
Payment amounts for types of need other than energy crisis
Section
49.138
, Stats., provides that the Department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member. Under the current rule, the payment amount for fire, flood, natural disaster, homelessness, and impending homelessness is the lowest of the following:
•
The total of the maximum payment amount per group member multiplied by the number of members of the Emergency Assistance group.
•
The amount requested by the group.
•
Financial need.
Maximum payment amount multiplied by number in group.
For many years, the maximum payment amount per group member has been $150. A 2-person group is eligible for a grant of $300 and a 3-person group is eligible for a grant of $450. The current grant amounts for homelessness and impending homelessness are insufficient for smaller households to obtain or retain a permanent living accommodation. The Department's analysis of housing costs for low-income families found that average rental costs are higher than $470 for the smallest households in the counties where a majority of Emergency Assistance grants are issued, and rent does not increase proportionally with each new group member. Housing costs for families with 2 – 4 members are similar, and housing costs for families of 5 or more are similar with some increases for larger families. In SFY 09, Emergency Assistance grants issued to smaller size families of 2 to 3 members were 55.2% of total grants.
The proposed rule changes the payment amounts that eligible families will receive by increasing the amounts for smaller size families and decreasing the amounts for larger size families. The amounts were arrived at by attempting to make the overall fiscal impact cost neutral and within the existing amount of funds allocated for the Emergency Assistance program. The maximum payment amounts will be $258 per group member when the group is 2 members, $172 per group member when the group is 3 members, $129 per group member when the group is 4 or 5 members, and $110 per group member when the group is 6 or more members. This will result in the following total payment amounts:
2 to 4 members
$516
5 members
$645
6 members
$660
7 + members
$110 for each additional member
Notice of changes to the maximum payment amounts will be published in the Administrative Register.
The rule complies with the statutory requirement that the Department establish the maximum amount of aid to be granted per family member by having different maximum payment amounts for members of groups of different sizes.
Amount requested by the group.
The proposed rule repeals the "amount requested by the group" as an option for the payment amount to ensure that families do not receive a smaller payment because they were not informed of the full payment for which they were eligible.
Financial need.
Under the current rule, when a payment is based on financial need, the amount is determined by adding all unpaid expenses for the group and the costs of needs due to the emergency and subtracting all available income and resources. The rule provides a list of 9 types of needs due to the emergency.
The proposed rule provides for payment amounts based on financial need that are specific to the type of need. For need due to impending homelessness, a payment based on financial need would be the amount of unpaid rent and related late fees and court costs. For need due to homelessness, a payment based on financial need would be the amount of the first month's rent, security deposit, and necessary household items. For need due to fire, flood, or natural disaster, the payment based on financial need would be the total need in any of the following categories: temporary housing, first month's rent and security deposit, clothing, food, medical care, transportation, necessary appliances and household items, and necessary home repairs.
Energy crisis
Under the current rule, an Emergency Assistance group is eligible for assistance if need has resulted from an emergency due to energy crisis, including lack of or imminent loss of essential home heating, with an immediate threat to the health or safety of the group either existing or likely to exist. The payment amount is the lowest of the amount requested by the group or the total financial need due to the emergency. Financial need may include heating fuel, electricity, and repair or replacement services necessary to obtain or maintain the basic heat and electricity requirements of an average household.
There is currently no maximum payment amount for Emergency Assistance due to an energy crisis. For all other types of need, there is a maximum payment amount based on group size. The average Emergency Assistance grant for all types of need is approximately $512. Some grants for energy crisis have been as high as $3,300. From July 2007 to September 2008, approximately 6% of Emergency Assistance grants for energy crisis were $1,000 or above, totaling over $41,000.
This proposed rule establishes a maximum payment amount per group for need due to energy crisis. The initial maximum payment amount will be $500 and changes to that amount will be announced in the Administrative Register. A group is eligible for assistance if the group meets the following criteria:
•
The group has exhausted resources available through the Wisconsin Home Energy Assistance Program (WHEAP), assistance available through local utility companies as required by the Public Service Commission, and any other available energy resources.
•
The group needs financial assistance to obtain or maintain essential utility service.
•
The lack or imminent loss of essential utility service is or is likely to be an immediate threat to the health or safety of the group.
•
The energy crisis is due to reasons beyond the control of an adult member of the group or constitute good cause as determined by the W-2 agency.
The WHEAP program had $147 million available for low income energy assistance this past heating season. The total Emergency Assistance available for all types of emergency for FY10 is $6.5 million.
Summary of factual data and analytical methodologies
The policy changes in this rule are based on recommendations of a workgroup comprised of representatives of W-2 agencies and advocacy groups.
Impending homelessness due to foreclosure.
Section
49.138 (1m)
provides that a family is homeless or facing impending homelessness if the family is not in a fixed, regular, and adequate residence. A family is not in a fixed, regular, and adequate residence if they have been notified that they will be removed from their rental housing due to a foreclosure action against the owner and the removal of the group is scheduled to occur within 30 days.
The statistics on the increase in foreclosures in Wisconsin are from
Home foreclosures up 81% in U.S., 62% in Wisconsin
,
http://www.madison.com
, January 15, 2009.
The estimate on the number of foreclosures that are one- to four-family rental properties is by Nicolas P. Retsinas, Director of the Joint Center for Housing Studies, quoted on the website of the National Coalition for the Homeless,
http://www.nationalhomeless.org/foreclosure/index.html
, March 9, 2009.
Payment amounts
The Department analysis of the housing costs of low-income families is based on data from the Food Share program for December 2007.
Energy crisis
Section
49.138 (1m)
, Stats., provides that the Department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member. The statute is silent on whether the Department may establish a maximum payment amount based on any criteria other than per family member for cases of need due to energy crisis. The rule establishes a maximum payment amount per group regardless of group size.
Comparison with federal requirements
Emergency Assistance is a Temporary Assistance to Needy Families (TANF) program option available to states under previous Aid to Families with Dependent Children (AFDC) statutes to provide short-time assistance to needy families with children. Wisconsin chose to continue the Emergency Assistance program when Wisconsin repealed the AFDC program and accepted federal TANF block grant funds.
There are no federal requirements related to this rule, except that TANF funds must be used to provide assistance to families with children.
Comparison with rules in adjacent states
None of the adjacent states appear to have an Emergency Assistance program that is as similar to the AFDC-related Emergency Assistance program as that of Wisconsin. These states do have a variety of crisis assistance and prevention programs that are administered in different ways. The programs are generally not limited to families with children.
Analysis used to determine effect on small businesses
W-2 agencies will be affected by the proposed rule, but the effect will be minimal. Agency representatives have requested these changes.
Small Business Impact
The proposed rule will affect small businesses as defined in s.
227.114 (1)
, Stats., but will not have a significant economic impact on a substantial number of businesses.
The Department's Small Business Regulatory Coordinator is Elaine Pridgen, (608) 267-9403,
elaine.pridgen@ wisconsin.gov
.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The proposed rule changes the amounts eligible families would receive by increasing the amounts for smaller size families and decreasing the amounts for larger size families. The amounts were arrived at by attempting to make the overall fiscal impact cost neutral that is within the existing amount of funds allocated for emergency assistance. Average family sizes receiving emergency assistance grants in SFY 07-08 were used in the calculation.
The rule also changes the amount payable to an eligible family due to energy crisis from the current unlimited level to a maximum of $500. This change will allow the agency to use funds otherwise going to pay for energy services to pay for other emergencies.
In addition, the rule allows a payment to families who are renters and in a situation where the building they are living in is subject to foreclosure. While this will increase the number of cases eligible for emergency assistance it is estimated to be within what the current allocation can absorb.
The proposed rule also changes the method for determining financial eligibility to make it similar to the eligibility criteria for W-2. This change is not expected to have a significant fiscal effect because many agencies already applied the W-2 criteria due to confusing language in the current rule.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Notice of Hearing
Employee Trust Funds
The Wisconsin Department of Employee Trust Funds proposes an order to revise Chapters
ETF 10
,
11
,
20
,
52
, and
60
, relating to technical and minor substantive changes in existing ETF administrative rules.
Hearing Information
A public hearing on this proposed rule will be held:
September 10, 2009
Conference Room GB
at 1:00 p.m.
Dept. of Employee Trust Funds
801 West Badger Road
Madison, Wisconsin
Persons wishing to attend should come to the reception desk up the stairs (or by elevator) from the main entrance to the building.
Submission of Written Comments
Written comments on the proposed rule may be submitted to David Nispel, General Counsel, Department of Employee Trust Funds, 801 W. Badger Road, P. O. Box 7931, Madison, WI 53707. Written comments must be received at the Department of Employee Trust Funds no later than 4:30 p.m. on Friday, September 11, 2009.
Copies of Proposed Rule
Copies of the proposed rule are available without cost from the Office of the Secretary, Department of Employee Trust Funds, P. O. Box 7931, Madison, WI 53707-7931. The telephone number is: (608) 266-1071.
Analysis Prepared by the Department of Employee Trust Funds
Statute interpreted
Various statute sections in ch.
40
, Wis. Stats., regarding the Public Employee Trust Fund.
Statutory authority
Explanation of agency authority
By statute, the DETF Secretary is expressly authorized, with appropriate board approval, to promulgate rules required for the efficient administration of any benefit plan established in ch.
40
of the Wisconsin statutes. Also, each state agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
The various statute sections in ch.
40
, Wis. Stats., and the existing administrative rules promulgated by the Department of Employee Trust Funds are related to this technical rule.
Plain language analysis
The purpose of this rule is to revise existing administrative rules of the Department of Employee Trust Funds to reflect enactment of
2007 Wisconsin Act 131
, other changes made to ch.
40
, Wis. Stats., and current practices of the department.
Comparison with federal regulations
The only federal regulations that may be affected by this proposed rule are provisions of the Internal Revenue Code regulating qualified pension plans. The Wisconsin Retirement System is required to be maintained as a qualified plan by s.
40.015
, Stats.
Comparison with rules in adjacent states
Periodically, retirement systems in adjacent states promulgate technical rules to update existing administrative rules.
Summary of factual data and analytical methodologies
The department is proposing this rule to update existing rules and create other rules in light of
2007 Wisconsin Act 131
, and in order to reflect current interpretations of existing statutes.
Analysis and supporting documents used to determine effect on small business
The rule does not have an effect on small businesses because private employers and their employees do not participate in, and are not covered by, the Wisconsin Retirement System.
Small Business Impact
There is no effect on small business.
Fiscal Estimate
The rule codifies current department practice. The rule will have no effect on state funds.
Agency Contact Person
Please direct any questions about the proposed rule to David Nispel, General Counsel, Department of Employee Trust Funds, P. O. Box 7931, Madison, WI 53707. The email address is:
david.nispel@etf.state.wi.us
. The telephone number is: (608) 264-6936.
Notice of Hearing
Financial Institutions — Securities
NOTICE IS HEREBY GIVEN That pursuant to ss.
551.406 (5)
,
551.605 (1)
, and
227.11 (2)
, Stats., the Department of Financial Institutions, Division of Securities will hold a public hearing to consider a rule revising Chapters
DFI-Sec 1
to
5
,
7
, and
9
, relating to minor revisions to securities administrative code sections for conformity with Wisconsin securities statutes, filings, and securities agent examination matters.
Hearing Information
The hearing will be held:
September 21, 2009
Dept. of Financial Institutions
at 9:00 a.m.
345 W. Washington Avenue
5
th
Floor
Madison, Wisconsin
Copies of Proposed Rule, Submission of Written Comments, and Agency Contact Person
To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, or for questions regarding the agency's internal processing of the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705, e-mail
mark.schlei@wisconsin.gov
. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institution's website,
www.wdfi.org
. Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.
For substantive questions on the proposed rule, contact Randall Schumann, Attorney, Department of Financial Institutions, Division of Securities, P.O. Box 1768, Madison, WI 53701-1768, tel. (608) 266-3414, e-mail
randall.schumann@wisconsin.gov
.
Analysis Prepared by the Department of Financial Institutions, Division of Securities
Statute interpreted
Statutory authority
Related statute or rule
None.
Explanation of agency authority
Pursuant to ch.
551
, Stats., the department regulates securities.
Summary of proposed rule
The purpose of the rule is as follows:
Section 1. These amendments are necessary to clarify that these apply to federally-covered advisors, their investment adviser representatives and state advisers, and also to correct cross references.
Section 2. This section can be repealed as duplicative to the definition in s. 551.102(11)(m), Stats.
Section 4. These sections can be repealed because of the language and scope of the merger/reorganization and employee benefit plan registration exemptions resulting from
2007 Wisconsin Act 196
.
Section 5. These amendments provide for an electronic filing alternative (to the existing hard copy notice filing provision) for federal Regulation D/Rule 506 securities offerings that are or will be made in Wisconsin.
Section 6. This amendment provides specific recognition of electronic prospectus delivery modes that comply with federal requirements on the subject.
Section 7. The amendment to s.
DFI-Sec 4.01 (3)
clarifies that if an applicant has received a waiver, he or she need not again take and pass such exams. The amendments to s.
DFI-Sec 4.01 (4) (e)
to
(g)
clarify that the even though the applicant may receive a waiver, it does not relieve the applicant from passing one of the state law exams.
Section 9. Corrects a citation.
Section 10. Is necessary to provide the exemption from registration for investment adviser representatives of noticed filed federal covered investment advisers in order to comply with the provisions of federal law.
Section 11. Because of the change from "licensing" to "registration" for broker-dealer and investment adviser matters, these amendments help differentiate between "licensee" matters and registration of securities matters.
Section 12. Form IAR (WI) is no longer necessary because renewals are handled via IARD, and form IAUSR(WI) will be discontinued as part of the application process.
Comparison with federal regulations
There are no newly-developed or proposed federal regulations addressed by this rule. However, Wisconsin Securities Law and rules are generally coordinated with corresponding federal requirements, pursuant to s.
551.615
, Stats.
Comparison with rules in adjacent states
These rule chapters reflect the 2002 Uniform Securities Act which Iowa and Minnesota have adopted and written rules; Illinois and Michigan have not.
Summary of factual data and analytical methodologies
The division applied its own experience in its regulation of securities generally for the minor clarifications, corrections, revisions and examination matters addressed by the rule.
Small Business Impact
The rule makes minor clarifications, corrections and revisions for conformity with existing statutes; imposes no additional substantive requirements; and reduces the same.
Fiscal Estimate
The rule places no additional duties or burdens on state or local government, and hence has no affect on costs to either.
Notice of Hearing
Insurance
NOTICE IS HEREBY GIVEN that pursuant to the authority granted under s.
601.41 (3)
, Stats., and the procedures set forth under s.
227.18
, Stats., the Office of the Commissioner of Insurance will hold a public hearing to consider the adoption of the proposed rulemaking order affecting Section
Ins 17.28 (3h)
, Wis. Adm. Code, relating to supervision and direction.
Hearing Information
Date:
September 9, 2009
Time:
10:00 a.m., or as soon thereafter as the
matter may be reached
Place:
OCI, Room 227 (2
nd
Floor)
125 South Webster Street
Madison, WI
Submission of Written Comments
Written comments can be mailed to:
Theresa L. Wedekind
OCI Rule Comment for Rule Ins 1728
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
Theresa L. Wedekind
OCI Rule Comment for Rule Ins 1728
Office of the Commissioner of Insurance
125 South Webster St – 2
nd
Floor
Madison WI 53703-3474
Comments can be emailed to:
Theresa L. Wedekind
The deadline for submitting comments is 4:00 p.m. on the 14
th
day after the date for the hearing stated in this Notice of Hearing.
Copies of Proposed Rule
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet Web site at
http://oci.wi.gov/ocirules.htm
or by contacting Inger Williams, Public Information and Communications, OCI, at:
inger.williams@wisconsin.gov
, (608) 264-8110, 125 South Webster Street – 2
nd
Floor, Madison WI or PO Box 7873, Madison WI 53707-7873.
Analysis Prepared by the Office of the Commissioner of Insurance
Statutes interpreted
Statutory authority
Explanation of agency authority
The commissioner of insurance may promulgate such rules under ch.
227
as are necessary to enable the performance of responsibilities under chapter 655 Stats.
Related statutes or rules
None
Plain language analysis
This rule clarifies what constitutes direction and supervision of a health care provider's employees defined under s.
655.001 (7t)
, Wis. Stats., as it relates to the health care provider having employee coverage under the fund.
Comparison with federal regulations
To the fund board's and OCI's knowledge there is no existing or proposed federal regulation that is intended to address patient compensation fund administration.
Comparison of rules in adjacent states
To the fund board's and OCI's knowledge there are no similar rules in the adjacent states to compare this rule to as none of these states have a patients compensation fund created by statute.
Summary of factual data and analytical methodologies
The fund's board of governors established a special committee to review issues related to fund coverage. The committee determined that a rule was needed to clarify the meaning of direction and supervision of health care practitioners. The committee recommended to the board the proposed language and the recommendation was approved by the board.
Small Business Impact
This rule does not impose any additional requirements and will have no effect on small businesses.
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266-7843 or at email address
eileen.mallow@wisconsin.gov
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The Injured Patients and Families Compensation Fund (IPFCF or Fund) is a segregated fund that provides excess medical malpractice coverage to Wisconsin health care providers. Chapter
655
, Wis. Stats., provides employee coverage to health care providers although specific health care practitioners must practice under the supervision and direction of a physician or CRNA. This rule clarifies supervision and direction and has no fiscal effect.
There is no effect on GPR.
State fiscal effect
None.
Local government fiscal effect
None.
Private sector fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Inger Williams, OCI Services Section, at:
Phone:
(608) 264-8110
Address:
125 South Webster Street, 2
nd
Floor
Madison, WI 53703-3474
Mail:
PO Box 7873
Madison, WI 53707-7873
Notice of Hearing
Transportation
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 of Chapter
Trans 315
, Wis. Adm. Code, relating to safety belt medical use exemption.
Hearing Information
The hearing will be held:
September 8, 2009
Hill Farms State Transportation Bldg.
at 10:00 AM
Room 144-B
4802 Sheboygan Avenue
Madison, WI
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.
Submission of Written Comments and Agency Contact
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 either hearing. Any such comments should be submitted to Laura Andreasson, Department of Transportation, Division of State Patrol, Room 551, P. O. Box 7936, Madison, WI 53707-7936. You may also contact Laura by phone at (608) 267-5136 or via e-mail at laura.andreasson@ wisconsin.gov.
Copy of Proposed Rule
A copy of the 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.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
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.
Related statute or rule
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 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 Impact
This rule making has no effect on small businesses.
The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@wisconsin.gov
, or by calling (414) 438-4585.
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 Proposed 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
.
