Fish, Game, etc., Chs. NR 1—
Section 1 — Clarifies the definition of Enforcement Officer in order for the patrol agency to qualify for state aid.
Section 6 — Adds Municipal Boat Patrol U.S. Coast Guard Annual Report (Form 8700-330) to the list of forms required as part of the annual reimbursement claim submittal. Information collected on this form is required in the U.S. coast guard federal grant application process.
Section 7 — Reduces the maximum allowable administrative percentage to 30% of the total hours claimed. Provides consistency across the three patrol unit types and limits the administrative hours claimed by a patrol unit to ensure patrol units are reimbursed for time spent patrolling vs. administrative tasks, thereby reducing the cost per citation.
Section 8 — Creates the ability for patrols to include hours for safety education teaching as a reimbursable cost, consistent with water safety patrol requirements. Allowing safety education teaching hours as exempt hours will allow the patrol units to include all relevant hours on their claim, while keeping the patrol hours as actual hours spent patrolling.
Summary of, and comparison with, existing or proposed federal statutes and regulations
Not applicable.
Summary of factual data and analytical methodologies used and how any related findings support the regulatory approach chosen
Proposed changes will have an overall positive economic impact on the county sheriff's departments and local municipalities identified in the list at the end of this document.
A Department analysis of the 174 patrol claims received for the 2013 boating season and the 2013-2014 ATV and Snowmobile seasons indicates that 78% of the patrols would receive an increase in their reimbursement payment, 10% would see a decrease in their reimbursement payment, and 12% of the patrols would need to increase their patrol numbers in order to meet the minimum standards proposed in this rule.
E-mail:
penny.kanable@wisconsin.gov
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
1. Type of Estimate and Analysis
|
X
Original
⍽
Updated
⍽
Corrected
|
2. Administrative Rule Chapter, Title and Number
|
NR 50 – Law Enforcement Aids to Counties and Municipalities
|
3. Subject
|
The Bureau of Law Enforcement recommends promulgating administrative rules that modify section of Chapter NR 50.12, NR 50.13 and NR 64.15 relating to law enforcement aids to counties and municipalities
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽
GPR
⍽
FED
⍽
PRO
⍽
PRS
⍽
SEG
⍽
SEG-S
|
|
6. Fiscal Effect of Implementing the Rule
|
X
|
No Fiscal Effect
⍽
Indeterminate
⍽
Increase Existing Revenues
⍽
Decrease Existing Revenues
|
⍽
Increase Costs
⍽
Could Absorb Within Agency's Budget
⍽
Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽
State's Economy
X
Local Government Units
|
⍽
Specific Businesses/Sectors
⍽
Public Utility Rate Payers
⍽
Small Businesses
(if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽
Yes
X
No
|
9. Policy Problem Addressed by the Rule
|
The proposed revisions are intended to provide consistency of eligibility and reimbursement standards for recreational vehicle patrol units. Inconsistencies include the definition of allowable hours for patrol units, limits to the percentage of reimbursable administrative hours, eligibility to include time law enforcement officers spend teaching safety education classes, and depreciation methods. The proposed revisions would also increase the allowable fringe rate percentage and change the dollar amount of capital equipment and repairs to capital equipment from $1,000 to $2,500 to reflect current day practices and expenditures
The proposed revisions would increase the number of patrol hours required for reimbursement eligibility as follows: all-terrain vehicle from 20 to 40 hours, snowmobile from 20 to 40 hours and waters safety patrol from 40 to 80 hours providing an increased law enforcement presence throughout the state which will have a positive effect on health and safety
The proposed revisions will provide consistency and standardization for the state, counties, and municipalities in the administration of the law enforcement aids program.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
Revisions will affect county sheriff, city, village, township and lake protection districts conducting ATV, snowmobile and water safety patrol activities.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
See list at end of this document.
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
Proposed changes will have an overall positive economic impact on the county sheriff's departments and local municipalities identified in the list at the end of this document.
A review of the reimbursement payments for the past three years indicates that increasing the minimum patrol hour requirement could affect 5 ATV patrol units, 12 water safety patrol units and 5 snowmobile patrol units that would have to increase their patrol efforts in order to meet the minimum standards. However, the revision will provide for an increased law enforcement presence thereby providing a positive impact for health and safety.
The revisions propose capping the reimbursable administrative time to 30%, which is close to the amount used for federal grants and other aids program within the State of Wisconsin. While reducing the maximum administrative time allowed will impact patrol unit reimbursement claims, the intent of the law enforcement aids program is to provide reimbursement for law enforcement activities.
An analysis of the 174 patrol claims received for the 2013 boating season and the 2013-2014 ATV and Snowmobile seasons indicates that 78% of the patrols would receive an increase in their reimbursement payment, 10% would see a decrease in their reimbursement payment, and 12% of the patrols would need to increase their patrol numbers in order to meet the minimum standards proposed in this rule.
A final analysis will be completed after public comments are received.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The proposed revisions will provide consistency of eligibility and reimbursement standards for recreational vehicle patrol units. The revision will also provide for an increased law enforcement presence thereby providing a positive impact for health and safety.
|
14. Long Range Implications of Implementing the Rule
|
None
|
15. Compare With Approaches Being Used by Federal Government
|
Not applicable
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota
)
|
N/A
|
17.
Contact Name
|
18. Contact Phone Number
|
Roy Zellmer
|
608-212-5385
|
This document can be made available in alternate formats to individuals with disabilities upon request.
ATV
|
BOAT
|
SNOWMOBILE
|
MUNICIPALITY
|
1
|
1
|
1
|
ADAMS COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
ASHLAND COUNTY SHERIFF'S DEPT
|
|
1
|
|
BALSAM LAKE, VILLAGE OF
|
1
|
1
|
1
|
BARRON COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
BAYFIELD COUNTY SHERIFF'S DEPT
|
|
1
|
|
BIG CEDAR LAKE P&R DISTRICT
|
1
|
1
|
1
|
BROWN COUNTY SHERIFF'S DEPT
|
|
1
|
|
BURLINGTON, TOWN OF
|
1
|
1
|
1
|
BURNETT COUNTY SHERIFF'S DEPT
|
|
1
|
1
|
CALUMET COUNTY SHERIFF'S DEPT
|
|
1
|
|
CHENEQUA, VILLAGE OF
|
1
|
1
|
1
|
CHIPPEWA COUNTY SHERIFF'S DEPT
|
|
1
|
|
CHURCH PINE, ROUND & BIG LAKE
|
1
|
1
|
1
|
CLARK COUNTY SHERIFF'S DEPT
|
|
1
|
|
COLOMA, TOWN OF
|
1
|
1
|
1
|
COLUMBIA COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
DANE COUNTY SHERIFF'S DEPT
|
|
1
|
|
DEERFIELD, TOWN OF
|
|
1
|
|
DELAFIELD, CITY OF
|
|
1
|
|
DELAVAN, TOWN OF
|
1
|
1
|
1
|
DODGE COUNTY SHERIFF'S DEPT
|
|
1
|
1
|
DOOR COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
DOUGLAS COUNTY SHERIFF'S DEPT
|
|
1
|
|
DOVER, TOWN OF
|
|
|
1
|
DUNN COUNTY SHERIFF'S DEPT
|
|
1
|
|
EAGLE, TOWN OF
|
|
1
|
|
EAST TROY, TOWN OF
|
1
|
1
|
1
|
EAU CLAIRE COUNTY SHERIFF'S DEPT
|
|
1
|
|
ELKHART LAKE, VILLAGE OF
|
|
1
|
|
FARMINGTON, TOWN OF
|
1
|
1
|
1
|
FLORENCE COUNTY SHERIFF'S DEPT
|
|
1
|
1
|
FOND DU LAC COUNTY SHERIFF'S DEPT
|
|
1
|
|
FONTANA, VILLAGE OF
|
1
|
1
|
1
|
FOREST COUNTY SHERIFF'S DEPT
|
|
1
|
|
FOX LAKE, TOWN OF
|
|
1
|
|
GENEVA LAKE LAW ENFORCEMENT
|
|
1
|
|
GENEVA, TOWN OF
|
1
|
|
1
|
GREEN COUNTY SHERIFF'S DEPT
|
|
1
|
|
GREEN BAY, CITY OF
|
1
|
1
|
1
|
GREEN LAKE COUNTY SHERIFF'S DEPT
|
|
1
|
|
HANCOCK, VILLAGE OF
|
|
1
|
|
HARTFORD, TOWN OF
|
1
|
1
|
1
|
IRON COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
JACKSON COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
JEFFERSON COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
JUNEAU COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
KENOSHA COUNTY SHERIFF'S DEPT
|
|
|
1
|
KEWAUNEE COUNTY SHERIFF'S DEPT
|
|
1
|
|
LA GRANGE, TOWN OF
|
|
1
|
|
LAC LA BELLE, VILLAGE OF
|
|
1
|
|
LACROSSE COUNTY SHERIFF'S DEPT
|
1
|
|
|
LAFAYETTE COUNTY SHERIFF'S DEPT
|
|
1
|
|
LAKE DELTON, VILLAGE OF
|
|
1
|
|
LAKE GENEVA, CITY OF
|
|
1
|
|
LAKE MILLS, TOWN OF
|
1
|
|
1
|
LANGLADE COUNTY SHERIFF'S DEPT
|
|
1
|
|
LAUDERDALE LAKE MGMT
|
|
1
|
|
LAVALLE, TOWN OF
|
|
1
|
|
LEGEND LAKE PRD
|
1
|
1
|
1
|
LINCOLN COUNTY SHERIFF'S DEPT
|
|
1
|
|
LINCOLN, TOWN OF (LAKE WAPAGASSET/BEAR TRAP)
|
|
1
|
|
LINN, TOWN OF
|
|
1
|
|
LITTLE CEDAR LAKE P&R DISTRICT
|
|
1
|
|
MANITOWISH WATERS, TOWN OF
|
1
|
1
|
1
|
MANITOWOC COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
MARATHON COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
MARINETTE COUNTY SHERIFF'S DEPT
|
|
1
|
|
MARION, TOWN OF
|
|
1
|
1
|
MARQUETTE COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
MENOMINEE COUNTY SHERIFF'S DEPT
|
|
1
|
|
MEQUON, CITY OF
|
|
1
|
|
MERTON, TOWN OF
|
1
|
1
|
1
|
MILWAUKEE COUNTY SHERIFF'S DEPT
|
|
1
|
|
MILWAUKEE, CITY OF
|
|
1
|
|
MINOCQUA/WOODRUFF BOAT PATROL
|
|
1
|
|
MUKWONAGO, TOWN OF
|
|
1
|
|
MUSKEGO, CITY OF
|
|
1
|
|
NORWAY, TOWN OF
|
|
1
|
|
OAKLAND, TOWN OF
|
|
1
|
|
OCONOMOWOC LAKE, VILLAGE OF
|
|
1
|
|
OCONOMOWOC, CITY OF
|
|
1
|
|
OCONOMOWOC, TOWN OF
|
1
|
1
|
1
|
OCONTO COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
ONEIDA COUNTY SHERIFF'S DEPT
|
|
1
|
|
OSCEOLA, TOWN OF
|
|
1
|
1
|
OUTAGAMIE COUNTY SHERIFF'S DEPT
|
|
|
1
|
OZAUKEE COUNTY SHERIFF'S DEPT
|
|
1
|
|
PADDOCK LAKE, VILLAGE OF
|
|
1
|
|
PARK LAKE MGMT DISTRICT
|
|
1
|
|
PEWAUKEE, CITY OF
|
1
|
1
|
1
|
PIERCE COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
POLK COUNTY SHERIFF'S DEPT
|
|
1
|
|
PORT WASHINGTON, CITY OF
|
1
|
1
|
1
|
PORTAGE COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
PRICE COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
RACINE COUNTY SHERIFF'S DEPT
|
|
1
|
|
RANDALL, TOWN OF
|
|
1
|
|
RICHFIELD, TOWN OF
|
|
|
1
|
RICHLAND COUNTY SHERIFF'S DEPT
|
|
1
|
1
|
ROCK COUNTY SHERIFF'S DEPT
|
|
1
|
|
ROCK RIVER SAFETY PATROL
|
|
1
|
|
ROME, TOWN OF
|
1
|
1
|
1
|
RUSK COUNTY SHERIFF'S DEPT
|
|
1
|
1
|
ST CROIX COUNTY SHERIFF'S DEPT
|
|
1
|
|
SALEM, TOWN OF
|
1
|
1
|
1
|
SAUK COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
SAWYER COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
SHAWANO COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
SHEBOYGAN COUNTY SHERIFF'S DEPT
|
|
1
|
|
SILVER LAKE P&R DISTRICT
|
|
1
|
|
SILVER LAKE, VILLAGE OF
|
|
1
|
|
SPRINGWATER, TOWN OF
|
|
1
|
|
STEPHENSON, TOWN OF
|
|
1
|
|
STURGEON BAY, CITY OF
|
|
1
|
|
SUMMIT, TOWN OF
|
|
|
1
|
TAYLOR COUNTY SHERIFF'S DEPT
|
|
1
|
|
THREE LAKES, TOWN OF
|
|
1
|
|
TROY TOWN OF
|
|
1
|
|
TWIN LAKES, VILLAGE OF
|
|
1
|
1
|
VILAS COUNTY SHERIFF'S DEPT
|
1
|
1
|
1
|
WALWORTH COUNTY SHERIFF'S DEPT
|
1
|
|
1
|
WASHBURN COUNTY SHERIFF'S DEPT
|
|
|
1
|
WASHINGTON COUNTY SHERIFF'S DEPT
|
|
1
|
|
WATERFORD, TOWN OF
|
1
|
1
|
1
|
WAUKESHA COUNTY SHERIFF'S DEPT
|
|
1
|
1
|
WAUPACA COUNTY SHERIFF'S DEPT
|
|
1
|
1
|
WAUSHARA COUNTY SHERIFF'S DEPT
|
|
1
|
|
WEBB LAKE, TOWN OF
|
|
1
|
|
WHEATLAND, TOWN OF
|
|
1
|
|
WHITEWATER, TOWN OF
|
|
1
|
|
WILLIAMS BAY, VILLAGE OF
|
1
|
1
|
1
|
WINNEBAGO COUNTY SHERIFF'S DEPT
|
|
1
|
1
|
WOOD COUNTY SHERIFF'S DEPT
|
46
|
123
|
62
|
|
Notice of Hearings
Safety and Professional Services —
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss.
15.08 (5) (b)
and
457.02 (5m)
, Stats., and interpreting s.
457.02 (5)
and
(5m)
, Stats., the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal section
MPSW 1.09
and create section
MPSW 1.095
, relating to substance abuse specialty.
Hearing Information
Date:
Friday, December 19, 2014
Time:
10:30 a.m.
Location:
1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8935, or by email to
Sharon.Henes@wisconsin.gov
. Comments must be received at or before the public hearing to be held on
December 19, 2014
, to be included in the record of rule-making proceedings.
Copies of Rule
Copies of this proposed rule are available upon request to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708, by email at
Sharon.Henes@wisconsin.gov
.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Each board shall promulgate rules for its own guidance and the guidance of the profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular profession.
The board establishes the educational and supervised training requirements in rules promulgated by the board to authorize an individual who is certified or licensed by the board to treat alcohol or substance dependency or abuse as a specialty. In promulgating rules under this subsection, the examining board shall consider the requirements for qualifying for a credential under s.
440.88
, Stats.
Related statute or rule
N/A
Plain language analysis
Section 1 repeals s.
MPSW 1.09
in its entirety.
Section 2 creates the educational and supervised training requirements for a person credentialed by the board to treat alcohol or substance dependency as a specialty.
The first subsection delineates the use of the title and scope of practice. If a person who is credentialed by the board wants to treat alcohol or substance dependency or abuse as a specialty, without being credentialed under s.
440.88
, Stats., the person must meet the requirements in this section.
The second subsection recognizes that a credential holder who holds a master's degree would have received education in treatment, therefore, a minimum of 135 contact hours of substance use disorder education is required to supplement that education in four subject matter areas (understanding addiction; knowledge of addiction treatment; application to addiction practice; and professional readiness in addiction treatment). The credential holder would also be required to have 200 hours of supervised face-to-face client treatment. The education could be obtained in the course of earning the master's degree or in the addition of the degree. The 200 hours of supervised training may have been obtained during or separately of the hours required to obtain the underlying credential.
The third subsection provides the requirements for a credential holder who holds a bachelor's degree would not have had the advance education. The requirements include 180 contact hours of substance use disorder education in four subject matter areas (understanding addiction; treatment knowledge; application to practice; and professional readiness) which must include specific content within each subject matter area and 1,000 hours of supervised face-to-face client substance use disorder treatment experience. The education could be obtained in the course of earning of the bachelor's degree or in addition to the degree. The 1,000 hours of supervised training may have been obtained during or separately of the hours required to obtain the underlying credential.
The fourth subsection indicates the qualifications for a person who is supervising the person obtaining the training for the specialty. The following people are qualified, provided they have knowledge in psychopharmacology and addiction treatment: a licensed marriage and family therapist, a licensed professional counselor, a licensed clinical social worker, a licensed psychologist, a licensed physician, a clinical supervisor as defined by s.
DHS 75.02 (11)
or another individual approved in advance of the training by the board.
The fifth subsection indicates that at least 6 continuing education hours in substance use disorder must be obtained during each biennial credentialing period. This continuing education may be counted toward the continuing education required for the renewal of the underlying credential.
Summary of, and comparison with, existing or proposed federal regulation
None.
Comparison with rules in adjacent states
Illinois:
Illinois does not have requirements for a marriage and family therapist, professional counselor or social worker to obtain specified education or training to specialize in substance use disorder treatment.
Iowa:
Iowa does not have requirements for a marriage and family therapist, professional counselor or social worker to obtain specified education or training to specialize in substance use disorder treatment.
Michigan:
Michigan does not have requirements for a marriage and family therapist, professional counselor or social worker to obtain specified education or training to specialize in substance use disorder treatment.
Minnesota:
Minnesota does not have requirements for a marriage and family therapist, professional counselor or social worker to obtain specified education or training to specialize in substance use disorder treatment.
Summary of factual data and analytical methodologies
The Board considered the requirements for qualifying for a credential under s.
440.88
, Stats.,
Scopes of Practice & Career Ladder for Substance Use Disorder Counseling
(September 2011) by Substance Abuse and Mental Health Services Administration and U.S. Department of Health and Human Services and the Technical Assistance Publication Series
Addiction Counseling Competencies
(March 2008) by Substance Abuse and Mental Health Services Administration.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
In preparation of the EIA, the rule was posted for economic comments for a period of 14 days and received no comments. The Board determines there is no effect on small business.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is below.
Initial Regulatory Flexibility Analysis or Summary
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department's Regulatory Review Coordinator may be contacted by email at
Tom.Engels@wisconsin.gov
, or by calling (608) 266-8608.
Agency Contact Person
Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-2377; email at
Sharon.Henes@wisconsin.gov
.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
1. Type of Estimate and Analysis
|
X
Original
⍽
Updated
⍽
Corrected
|
2. Administrative Rule Chapter, Title and Number
|
MPSW 1.09 and 1.095
|
3. Subject
|
Substance Abuse Specialty
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽
GPR
⍽
FED
X
PRO
⍽
PRS
⍽
SEG
⍽
SEG-S
|
20.165 (1) (g)
|
6. Fiscal Effect of Implementing the Rule
|
⍽
No Fiscal Effect
⍽
Indeterminate
|
⍽
Increase Existing Revenues
⍽
Decrease Existing Revenues
|
X
Increase Costs
X
Could Absorb Within Agency's Budget
⍽
Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽
State's Economy
⍽
Local Government Units
|
⍽
Specific Businesses/Sectors
⍽
Public Utility Rate Payers
⍽
Small Businesses
(if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽
Yes
X
No
|
9. Policy Problem Addressed by the Rule
|
The proposed rule clarifies and updates the educational and supervised training requirements for a person credentialed by the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board to treat alcohol or substance dependency as a specialty.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
The rule was posted for 14 days for economic impact comments and none were received.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
None. This will not affect local governmental units.
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
This rule will not have an economic and fiscal impact on businesses, business sectors, public utility rate payers, local governmental units and the state's economy as a whole.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The benefit is to clearly delineate the requirements for a person credentialed by the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board to treat alcohol or substance dependency as a specialty.
|
14. Long Range Implications of Implementing the Rule
|
The long range implication is the requirements are clearer and have been updated to reflect current practices and trends.
|
15. Compare With Approaches Being Used by Federal Government
|
None
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota
)
|
Our neighboring states to not have requirements for a marriage and family therapist, professional counselor or social worker to obtain specified education or training to specialize in substance use disorder treatment.
|
17. Contact Name
|
18. Contact Phone Number
|
Sharon Henes
|
(608) 261-2377
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearings
Transportation
NOTICE IS HEREBY GIVEN that, pursuant to ss.
227.17
and
227.24 (4)
, Stats., the State of Wisconsin Department of Transportation ("WisDOT") will hold a public hearing on
EmR1421
, an emergency rule and proposed permanent rule that will revise Wis. Admin. Code. ch.
Trans 102
, relating to operator's licenses and identification cards.
Hearing Information
Date:
Thursday, December 11, 2014
Time:
6:00 to 8:00 p.m.
Location:
Marquette University High School
Cannon Commons
3401 W. Wisconsin Avenue
Milwaukee, WI 53208
If you have special needs or circumstances regarding communication or accessibility at a hearing, please call Jennifer Peters, Administrative Rulemaking Coordinator, at (608) 267-6979 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.
Appearances at the Hearing and Written Comments
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 written comments. WisDOT will accept written comments until
December 18, 2014
at 4:30 p.m. Written comments may be sent to Patrick Fernan, Administrator, WisDOT Division of Motor Vehicles, 4802 Sheboygan Avenue, Room 225, Madison, Wisconsin 53705,
Patrick.Fernan@dot.wi.gov
.
Copies of the Rule
You may receive a paper copy of the rules or fiscal estimate by contacting Jennifer Peters, Administrative Rulemaking Coordinator at WisDOT Office of General Counsel, 4802 Sheboygan Avenue, Room 115B, Madison, Wisconsin 53705,
Jennifer.Peters@dot.wi.gov
. A copy of the rule is available at
http://adminrules.wisconsin.gov
. This site allows you to view documents associated with this emergency rule and proposed permanent rule promulgation.
Analysis Prepared by the Department of Transportation
Statutes interpreted
Statutory authority
Explanation of statutory authority
Wis. Stat. ss.
343.14
and
343.50(4)
specify the contents of applications for identification cards and authorizes the Department to require such information as the Department considers appropriate to identify the applicant.
Wis. Stat. s.
343.50
requires the Department to issue identification cards.
Wis. Stat. s.
343.50 (5) (a) 3.
prohibits the Department from charging a fee for an identification card requested by a qualified applicant who requests it free of charge for purposes of voting.
Wis. Stat. s.
343.02 (1)
authorizes the Department to promulgate such rules concerning ID cards that the Secretary considers necessary.
Wis. Stat. s.
85.16 (1)
authorizes the Secretary of the Department to make rules deemed necessary to the discharge of the powers, duties and functions vested in the department.
Related statutes and rules
Wis. Stat. s.
343.50
requires the Department to issue identification cards.
Section
Trans 102.15
, Wis. Adm. Code, requires proof of identification for issuance, renewal, reissuance, reinstatement or duplicate driver license or identification card, and specifies the acceptable documentary proof. That section also establishes a petition process under which an applicant may request an exception to the documentary proof requirements for name and date of birth.
Plain language analysis
Background
The Department of Transportation, Division of Motor Vehicles ("DMV") has evaluated the holding in
Milwaukee Branch of NAACP v. Walker
,
2014 WI 98
,
851 N.W. 2d 262
, and current statutes and has determined that rulemaking is appropriate to harmonize the two. In that case, the Wisconsin Supreme Court upheld this state's law that requires presentation of specified identification, including identification cards issued by the Department, as a condition of voting (commonly referred to as the "Voter ID law"). The court found that the existing petition process allowed applicants to obtain an identification card required for voting without payment of any fee to a government agency.
This rulemaking is intended to prescribe the manner in which DMV can issue ID cards to individuals requesting them free of charge for voting purposes consistent with the holding in
NAACP v. Walker
and current statutes. The Department has a petition process that allows identification card applicants to provide secondary proof of name and date of birth in the event a birth certificate is unavailable. But the Department does not currently consider a document that is available upon payment of a fee to a government agency to be "unavailable" for the purpose of using the petition process.
Rule content
This rule considers any document that is required to be submitted as part of an application for an identification card requested without charge for voting purposes to be considered "unavailable" if the applicant does not have the document and cannot obtain the document without payment of a fee to a government agency. In such cases, the Department will request the applicant provide his or her name, date of birth, place of birth and other birth information. The Department will then verify that birth information with the Wisconsin Department of Health Services and, if confirmed, will issue the identification card. If the birth record information or naturalization information cannot be confirmed, the Administrator of DMV may approve secondary documentary proof of name, date of birth and U.S. citizenship.
Section 1 specifies that an identification card issued under the petition process must be readily identifiable as non-compliant with the federal REAL-ID law, similar to the treatment of certain driver's licenses by s.
343.03 (3r)
, Stats.
Section 2 establishes qualifications for issuance of an identification card without charge for voting purposes, and prohibits the Department from inquiring further about the applicant's qualifications to vote.
Sections 3 and 4 retain the existing definition of "unavailable" documents ordinarily required for issuance of a driver's license or identification card, and creates a definition of "unavailable" that applies only to identification cards issued free of charge for voting purposes consistent with the Wisconsin Supreme Court's decision in
NAACP v. Walker
, par. 69.
Sections 5 and 6 recognize the petition process under proposed s.
Trans 102.15 (5m)
creates an exception to the documentary proof requirements that ordinarily apply to identification cards.
Section 7 is amended so that an identification card issued without a birth certificate cannot be used as proof of name and date of birth for a driver's license. The Department believes that without this treatment, unlicensed drivers 17 years of age or older who lack a birth certificate could request an identification card free of charge for voting purposes and immediately exchange it for a driver's license, thereby creating a state burden of birth record verification unrelated to the act of voting.
Section 8 renumbers the existing petition process to a new subsection (5m). The Department intends to retain the existing petition process for driver's licenses and for identification cards that are not requested without charge for purposes of voting.
Section 9 renumbers the authority of the Administrator of the DMV to delegate authority to accept or reject extraordinary proof provided under the petition process, so that delegation will apply to the existing process as well as the petition process to be employed for identification cards requested without charge for voting purposes.
Section 10 creates a title for the petition process.
Section 11 creates the petition process to be employed if an applicant requests an identification card without charge for voting purposes does not have the documentary proof ordinarily required for an identification card. Under the petition process, the applicant must provide information sufficient for the Department of Health Services (DHS) to locate the applicant's birth certificate, in this state or in another state. If DHS can verify the existence of the birth certificate and the birth record information, the Department will issue the identification card relying on that information as proof of name and date of birth. If the DHS cannot verify that information, the Department will notify the applicant that it cannot confirm a birth certificate match for the information supplied by the applicant, and that the Department cannot issue an identification card unless the applicant can provide some other documentary proof of establishing his or her name and date of birth. Similarly, the petition process will verify a naturalized applicant's name and date of birth by verifying federally issued proof of a U.S. citizen's foreign birth, U.S. citizenship and immigration service number, or U.S. citizenship certificate number if those documents are unavailable and can be obtained only upon payment of a fee to a government agency.
Section 12 creates a process of approving name changes without requiring the applicant to provide a document that may be available only upon payment of a fee to a government agency. The Department will verify the birth record information with the names associated with an individual's records maintained by the federal social security administration. In this way, the Department can verify that an application for an identification card in the name of, for example, John Smith is proper if requested by an applicant who proves only that he was born John Doe.
Section 13 creates a judicial right of review of the petition decision made by the Administrator of DMV, similar to that created by s.
343.40
, Stats., for driver licensing decisions.
Section 14 corrects a cross-reference to a rule renumbered by this rulemaking.
Section 15 states the effective date of this rule.
Summary of and comparison with existing or proposed federal statutes and regulations
Federal law generally does not regulate the issuance of identification cards by states, however federal law (the "REAL-ID law", P.L.
109-13
, section 202 (d) (11)) prohibits the use of state-issued identification cards for purposes of federal identification or any other official federal purpose, such as entering federal buildings or airports, unless the identification card application included federally required documents and the state stored and retained those documents. Federal law requires that identification cards that do not meet those requirements be distinct in appearance from those that do.
There are no federal identification requirements to vote. In general, voting requirements are established by state law.
Comparison with rules in adjacent states
Illinois:
Illinois requires applicants for an original identification card or driver's license to provide documentary proof of signature, date of birth, social security number and residency. Documents acceptable to prove date of birth are original: Adoption Records; Birth Certificate; Court Order — Change of Birth Date; Certified Grade/High School/College/University Transcript; U.S. Citizenship and Immigration Services (USCIS) forms; U.S. Visa Military Driver's License — U.S.; Military Identification Card — U.S.; Military Service Record -- DD214; Naturalization Certificate; Passport — Valid with Complete Date of Birth; U.S. Passport Card — Valid with Complete Date of Birth; or Social Security Award Letter (Primary Beneficiary Only). 92 Ill. Adm. Code 1030 App. B.
Illinois issues identification cards for the homeless at no cost. Applicants for a no-fee homeless identification card must provide proof of name, date of birth and social security number ordinarily required, but in lieu of proof of address may submit a `homeless status certification signed by the homeless applicant before a notary public and attested to by a representative of a homeless service agency that receives public funding; an attorney; a public school homeless liaison or school social worker; a human services provider funded by the State of Illinois; a representative of a religious organization that offers services to the homeless. 92 Ill. Adm. Code 1030.12; 92 Ill. Adm. Code 1030 App. B.
Iowa:
An applicant for an original driver's license or identification card must provide proof of identity, date of birth, social security number, Iowa residency and current residential address, and lawful status in the United States. IA ADC 761-601.5(321) To establish identity and date of birth, an applicant must submit at least one of the following documents: A valid, unexpired U.S. passport or U.S. passport card; A certified copy of a birth certificate and, if applicable, a certified amended birth certificate showing a change in name, date of birth, or sex, filed with a state office of vital statistics or equivalent agency in the applicant's state of birth. The birth certificate must be a certified copy and have the stamp or raised seal of the issuing authority. A hospital-issued certificate is not acceptable; A Consular Report of Birth Abroad issued by the U.S. Department of State; A valid, unexpired Permanent Resident Card issued by the U.S. Department of Homeland Security or U.S. Immigration and Naturalization Service; An unexpired employment authorization document issued by the U.S. Department of Homeland Security; An unexpired foreign passport with a U.S. visa affixed, accompanied by the approved 1-94 form documenting the applicant's most recent admittance into the United States; Certificate of Naturalization issued by the U.S. Department of Homeland Security; A Certificate of Citizenship issued by the U.S. Department of Homeland Security; A REAL ID driver's license or identification card issued in compliance with the standards established by
6 CFR Part 37
; Such other documents as the U.S. Department of Homeland Security may designate as acceptable proof of identity and date of birth for REAL ID purposes by notice published in the Federal Register; An Inmate Descriptor Inquiry, Client Information Inquiry or Offender Snapshot document issued by the Iowa department of corrections or the United States District Court, Northern and Southern Districts of Iowa. The document must contain the applicant's full legal name and date of birth and be notarized. IA ADC 761-601.5(321).
Michigan:
Michigan requirements for state identification cards are set forth in statute, and do not appear to be set addressed in administrative code. In general, residents applying for a state ID card must present documentation of a valid
Social Security numberU.S. citizenship or legal presence, identification and Michigan residency
. Mich. Comp. Laws Annot. 28.304. Application requirements for a "Standard official state personal identification card" are set forth at Mich. Comp. Laws Annot. 28.291 to 28.300. The following documents are acceptable proof of identity: Out-of-state, U.S. territories, or Canadian driver's license or ID card, expired for less than one year; Marriage license issued in the U.S.; Divorce decree issued in the U.S.; U.S. court order for a name change; Photo ID card issued by a federal or Michigan government agency; U.S. Customs and Border Protection Trusted Traveler Card ; U.S. military ID card with photo; U.S. military discharge or separation documents; Tribal photo ID card from a federally recognized Native American tribe; Michigan Department of Corrections prisoner ID card (requires verification); Michigan driver education certificate(applicants age 18 and younger); Michigan adoption record; U.S. school records (School ID cards with name and photo, diplomas, transcripts or yearbooks); If the applicant is below age 18 and does not have one of the above, a parent or guardian must present their driver's license or ID and sign for the teen.
Minnesota:
Minnesota requires applicants for original driver's license or identification card to provide documentary proof of date of birth, full legal name, social security number, photographic identity, and U.S. citizenship. The applicant must present one legible, unaltered, primary document that contains the applicant's full name and date of birth as proof of name, date of birth, and identity, which are described as follows: A copy of the applicant's record of birth certified by the issuing government jurisdiction of the United States or U.S. territory; A certified copy of an adoption certificate with the applicant's full name and date of birth from a United States court of competent jurisdiction ; An unexpired identification card issued to the applicant by the United States Department of Defense for active duty, reserve, or retired personnel; A valid unexpired passport issued to the applicant by the United States Department of State; An applicant or owner may present a valid, unexpired passport issued to the applicant from a jurisdiction other than the United States Department of State with either a United States Department of Justice or United States Department of Homeland Security Arrival and Departure Form I-94 attached or an unexpired I-551 stamp; An applicant or owner may present a Canadian birth certificate or Canadian naturalization certificate with a United States Department of Justice or a United States Department of Homeland Security Arrival and Departure Form I-94 attached, bearing the same name as that on the Canadian birth certificate or Canadian naturalization certificate and containing an unexpired endorsement of the alien's nonimmigrant status or authorized presence; one of the listed documents issued by the United States Department of Justice or the United States Department of Homeland Security including Certificate of Naturalization, Certificate of Citizenship, United States Citizen Identification card, Permanent Resident or Resident Alien card, Northern Mariana card, American Indian card, employment authorization document with a photograph, or unexpired Re-entry Permit/Refugee Travel Document. MN Adm. Code 7410.0400.
Minnesota does grant variances to applicants whose required documentation is not available. MN ADC 7410.0600. If a person is unable to comply with the proof requirements of part 7410.0400, the person may make written application to the commissioner of public safety or a designee for a variance. The applicant must submit written documentation of the reasons why a variance should be granted, including the reasons the required documents are not available. The applicant must provide additional information regarding the applicant's name and identity, such as names of relatives, date and place of birth, place of residence, social security number, military service information, and any arrest information, to aid the commissioner in verifying the applicant's identity. In making a decision to grant or deny the variance, the commissioner or a designee shall consider the following: the availability of the required documents; the degree of hardship placed on the applicant; the effect of granting the variance on the public; the effect of granting the variance on the integrity of the record system; and the trustworthiness of the information supplied by the applicant regarding the applicant's name and identity. The commissioner shall grant the variance if all of the following conditions are present: the documents required by part 7410.0400 are either not reasonably available or do not exist; compliance with part 7410.0400 would cause an undue hardship for the applicant; granting the variance will have no adverse effect on the public; granting the variance will not jeopardize the integrity of the record system; and the applicant has established the applicant's name and identity by trustworthy evidence and documentation. MN Adm. Code 7410.0600.
Minnesota does issue a state identification card at a reduced fee to a qualified applicant with a condition of developmental disability, mental illness, or a physical disability. MN Adm. Code 7410.0700.
Summary of factual data and analytical methodologies
To develop this rule, the Department reviewed state laws related to issuance of an identification card, its past practice under the existing petition process and the number and facts of exceptions approved to the documentary proof requirements using the petition process. The Department also analyzed the list of documents acceptable to prove name and date of birth and U.S. citizenship under existing Trans 102.15, Wis. Adm. Code, to determine which documents were available without payment of any fee to a government agency, and which of those documents were available to the Department without charge to the applicant, particularly those available using existing electronic means of inter-governmental data exchange.
Analysis and supporting documents used to determine effect on small business
Identification cards are issued only to natural persons. The Department identified no effect on small businesses related to this rule.
Effect on Small Business
The Department anticipates no effect on small businesses as result of this rule. The Department is unaware of any business that provides assistance in obtaining government documents required to support an application for an identification cards that will no longer be required for certain applicants under this rule.
Initial Regulatory Flexibility Analysis
This rule is not expected to have an effect on small businesses.
Economic Impact Analysis
This rule addresses only documentary requirements for individuals wishing to obtain an identification card free of charge for voting purposes. The rule has no direct effect on small businesses, and no discernible indirect effects on small businesses. Accordingly, the Department anticipates no effect on specific businesses, business sectors, public utility ratepayers, local governmental units, or the state's economy as a whole. The Department did not solicit information or advice from businesses, associations representing businesses, local governmental units. The Department also did not solicit information from individuals that may be affected by the proposed rule, as the Department determined the rule had no direct or indirect financial effect on individuals.
DOT Contact
Questions and comments (including hearing comments) related to this rule may be directed to:
Patrick Fernan, Administrator
Division of Motor Vehicles
4802 Sheboygan Ave. Rm. 225
Madison, WI 53707
(608) 261-8605
Text of Permanent Rule
Section 1. Trans 102.04 (4) is created to read:
Trans 102.04 (4). If any identification card is issued based upon extraordinary proof of name, date of birth or U.S. citizenship under Trans 102.15 (5m), the identification card shall, in addition to any other legend or label, be marked in a manner consistent with requirements under applicable federal law and regulations to indicate that the identification card is issued in accordance with P.L.
109-13
, section 202 (d) (11), and is not intended to be accepted by any federal agency for federal identification or any other official purpose.
Section 2. Trans 102.14 (1g) is created to read:
Trans 102.14 (1g). The department may not issue an identification card without charge for voting purposes to any person who is not a U.S. citizen or is not age 17 or older. The department may not determine whether a person is otherwise eligible to vote.
Section 3. Trans 102.15 (1) is renumbered Trans 102.15 (1) (a) and amended to read:
Trans 102.15 (1) "UNAVAILABLE" DEFINED. (a)
In
Except as provided in par. (b), in
this section, "unavailable" does not include documents which persons have forgotten to bring with them when applying for a license or identification card, or a lost or destroyed document if a replacement original or a certified copy of the document is available to those persons upon proper request.
Section 4. Trans 102.15 (1) (b) is created to read:
Trans 102.15(1)(b). For purposes of a person applying for an identification card who requests that the identification card be provided without charge for voting purposes, "unavailable" means that the applicant does not have the documents required by Trans 102.15 (3)(a) or proof of citizenship under sub. (3m) and would be required to pay a government agency to obtain them, in addition to the meaning given in par. (a).
Section 5. Trans 102.15 (2) (c) is amended to read:
Trans 102.15(2)(c)
A
Except as provided in sub. (5m), a
person shall provide proof of the person's name and date of birth under sub. (3), of the person's identity under sub. (4), and of the person's residency under sub. (4m), upon the first application for an original, renewal, reinstatement or duplicate operator's license or identification card following:
Section 6. Trans 102.15 (3) (a) 2. Note is amended to read:
Trans 102.15 (3) (a) 2. Note:
Neither
Except as provided in Trans 102.15 (5m) (b) 2., neither
a hospital birth certificate, a notification of birth registration nor baptismal certificate satisfies this requirement. Effective November 1, 1986 s.
69.24 (1) (a)
, Stats., prohibits Wisconsin hospitals from issuing a document which appears to be a birth certificate.
Section 7. Trans 102.15 (3) (a) 6. Is amended to read:
Trans 102.15(3)(a)6. A Wisconsin identification card issued under s.
343.50
, Stats., bearing a photograph of the person
, other than an identification card issued under sub. (5m)(b)
;
Section 8. Trans 102.15 (3) (b) is renumbered Trans 102.15 (5m) (a) and Trans 102.15 (5m) (a) (intro.), as renumbered, is amended to read:
Trans 102.15 (5m) (a) (intro.)
If
Except as provided in par. (b), if
a person is unable to provide documentation under
par.
sub. (3) (a) and (3m)
, and the documents are unavailable to the person, the person may make a written petition to the administrator
of the division of motor vehicles
for an exception to the requirements of
par.
sub. (3) (a) and (3m)
. The application shall include supporting documentation required by sub. (4) and:
Section 9. Trans 102.15 (3) (c) is renumbered Trans 102.15 (5m) (c) and amended to read:
Trans 102.15(5m)(c) The administrator may delegate to the administrator's subordinates the authority to accept or reject such extraordinary proof of name
and
,
date of birth
, or citizenship under this subsection
.
Section 10. Trans 102.15 (5m) (title) is created to read:
Trans 102.15(5m)(title)
Extraordinary proof of name, date of birth, or U.S. citizenship.
Section 11. Trans 102.15 (5m) (b) is created to read:
Trans 102.15 (5m) (b) 1. If a person requests an identification card without charge for the purposes of voting and the person's birth certificate is unavailable, the person may make a written petition to the administrator for an exception to the requirements of proof of name and date of birth under sub. (3) or of proof of citizenship under sub. (3m). The petition shall include: the person's statement under oath or affirmation that the person is unable to provide documentation under sub. (3) or proof of citizenship under sub. (3m); that the documents are unavailable to the person; and his or her name, date of birth, place of birth, and such other birth record information requested by the department, or the person's alien or U.S. citizenship and immigration service number or U.S. citizenship certificate number. Upon receiving a petition, the department shall provide the person's birth record information to the department of health services, for the sole purpose of verification by the department of health services of the person's birth certificate information or the equivalent document from another jurisdiction, other than a province of the Dominion of Canada, or to a federal agency for the sole purpose of verifying the person's certificate of birth abroad issued by the U.S. department of state, or of verifying the person's alien or U.S. citizenship and immigration service number or U.S. citizenship certificate number. The department may not complete application processing prior to receiving verification under this subdivision, unless the petition is approved under subd. 2.
2. If the department does not receive verification under subd. 1, the department shall notify the person of that failure to verify. The department may thereafter issue an identification card to the person only if the department receives verification under subd. 1, the person provides proof required under sub. (3) or (3m), or the department receives other secondary documentation that is extraordinary proof and deemed acceptable to the administrator to prove name, date of birth or U.S. citizenship, which may include the following:
a. Baptismal certificate.
b. Hospital birth certificate.
c. Delayed birth certificate.
d. Census record.
e. Early school record.
f. Family Bible record
g. Doctor's record of post-natal care.
h. Other documentation deemed acceptable to the administrator, within his or her reasonable discretion.
Note: Whoever under oath or affirmation makes or subscribes a false statement which he or she does not believe is true, when such oath, affirmation, or statement is authorized or required by law or is required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action, is guilty of a Class H felony, per s.
946.32
, Stats.
Section 12. Trans 102.15 (3) (d) is created to read:
Trans 102.15 (3) (d) The administrator may approve a name change requested by a person who cannot provide documentation of the name change if the administrator receives proof of the name change from the federal social security administration and proof of identity in the new name.
Section 13. Trans 102.15 (5m) (e) is created to read:
Trans 102.15 (5m) (e) The denial of a petition under par. (b) is subject to judicial review in the manner provided in ch.
227
for the review of administrative decisions.
Section 14. Trans 102.15 (6) (intro.) is amended to read:
Trans 102.15 (6) TEMPORARY DRIVER RECEIPT. The department may issue a temporary driver receipt for operation of class D or M vehicles to a person who is temporarily unable to meet the identification requirements of sub. (3). The temporary driver receipt shall state the date of issue, shall be clearly marked "NOT VALID FOR IDENTIFICATION," and shall be validated for the operation of a vehicle for a stated period of up to 60 days from the date issued. The person may complete his or her license application within this period by presenting proof of the person's name and date of birth in accordance with sub. (3) (a). For good cause shown, the department may renew the driving receipt once for an additional period of no more than 60 days. This subsection does not prohibit a person from proceeding under sub
. (3) (b)
(5m)(a).
This subsection applies only to persons who meet all of the following:
Section 15. EFFECTIVE DATE: This rule shall take effect on the first day of the month following the Register, as provided in s.
227.22 (2) (intro.)
, Stats.
Dated this
13
th
day of November 2014.
WISCONSIN DEPARTMENT OF
TRANSPORTATION
By:
____________________________
Mark Gottlieb, P.E., Secretary
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
1. Type of Estimate and Analysis
|
X
Original
⍽
Updated
⍽
Corrected
|
2. Administrative Rule Chapter, Title and Number
|
Chapter Trans 102, Operator's Licenses and Identification Cards
|
3. Subject
|
This rule change expands the definition of documents that are `unavailable', during an application for a no-fee identification card for voting purposes to include documents that the applicant does not possess and would be required to pay a fee to a government agency in order to acquire.
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽
GPR
⍽
FED
⍽
PRO
⍽
PRS
X
SEG
⍽
SEG-S
|
|
6. Fiscal Effect of Implementing the Rule
|
⍽
No Fiscal Effect
X
Indeterminate
|
⍽
Increase Existing Revenues
⍽
Decrease Existing Revenues
|
⍽
Increase Costs
⍽
Could Absorb Within Agency's Budget
⍽
Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽
State's Economy
⍽
Local Government Units
|
⍽
Specific Businesses/Sectors
⍽
Public Utility Rate Payers
⍽
Small Businesses
(if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽
Yes
X
No
|
9. Policy Problem Addressed by the Rule
|
This rule change is needed to ensure the Department's Division of Motor Vehicles (DMV) has a documented means to provide free identification (ID) cards for the purposes of voting, without requiring documentation that costs a governmental fee to obtain.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
The Department of Transportation did not contact any of these non-individual entities for comments, as the rule affects only individuals.
This rule change will allow DMV to serve individuals that request an ID card for the purposes of voting, but who do not possess the documentation ordinarily required for proof of name, date of birth or U.S. citizenship (e.g. a birth certificate) and cannot obtain those documents without payment of a fee to a government agency, to obtain an ID card using alternative documentary proof. DMV will facilitate no-fee source documentation verification to replace the need for those individuals to present proof of name, date of birth, or U.S. Citizenship when obtaining the ID card for voting purposes.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
N/A
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12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
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DMV has completed training for all field personnel (approximately 385 individuals) in DMV service centers, instructing them how to process ID card requests made without the documentary proof ordinarily required, in conformity with Emergency Rule EmR1421. EmR1421 took effect on September 17, 2014. DMV will continue to incur costs assessing and verifying any documentation submitted by an individual as part of the petition process. From September 15, 2014 through October 28, 2014, DMV has issued 6,476 ID cards through the normal application process and has received 387 applications for ID cards through the petition process. DMV's costs incurred in these processes have been absorbed by existing staff.
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13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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The rule change will allow DMV to provide ID cards without charge for the purposes of voting, without requiring documentation that costs a governmental fee to obtain, while ensuring that the ID card positively identifies the bearer.
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14. Long Range Implications of Implementing the Rule
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This change would adjust the process of ID card issuance that will continue indefinitely.
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15. Compare With Approaches Being Used by Federal Government
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N/A
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16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota
)
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Illinois: Applicants for an original identification card or driver license are required to provide documentary proof of signature, date of birth, social security number and residency. Illinois issues identification cards for the homeless at no cost. Applicants for a no-fee homeless identification card must provide proof of name, date of birth and social security number ordinarily required, but in lieu of proof of address may submit a `homeless status certification' signed by the homeless applicant before a notary public. This certification must be attested to by a representative of a homeless service agency that receives public funding; an attorney; a public school homeless liaison or school social worker; a human services provider funded by the State of Illinois; a representative of a religious organization that offers services to the homeless.
Iowa: An applicant for an original driver license or identification card must provide proof of identity, date of birth, social security number, Iowa residency and current residential address, and lawful status in the United States.
Michigan: Residents applying for a state identification card must present documentation of a valid social security number, U.S. citizenship or legal presence, identification, and Michigan residency. If the applicant is below the age of 18 and does not have one of the acceptable forms of proof of identity, a parent or guardian must present their driver's license or identification card and sign for the applicant who is a minor.
Minnesota: Applicants for an original driver license or identification card are required to provide documentary proof of date of birth, full legal name, social security number, photographic identity, and U.S. citizenship. Minnesota does grant variances to applicants whose required documentation is not available. If a person is unable to comply with the proof requirements, the person may make written application to the commissioner of public safety or a designee for a variance. The applicant must submit written documentation of the reasons why a variance should be granted, including the reasons the required documents are not available. The applicant must provide additional information regarding the applicant's name and identity, such as names of relatives, date and place of birth, place of residence, social security number, military service information, and any arrest information, to aid the commissioner in verifying the applicant's identity. Minnesota does issue a state identification card at a reduced fee to a qualified applicant with a condition of developmental disability, mental illness, or a physical disability.
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17. Contact Name
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18. Contact Phone Number
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Robert Combs, DMV, Wisconsin Dept. of Transportation
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(608) 266-1449
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This document can be made available in alternate formats to individuals with disabilities upon request.
ATTACHMENT A
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1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)
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N/A
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2. Summary of the data sources used to measure the Rule's impact on Small Businesses
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Small businesses are not involved in the issuance of these identification cards and are not eligible to receive them.
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3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?
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⍽
Less Stringent Compliance or Reporting Requirements
⍽
Less Stringent Schedules or Deadlines for Compliance or Reporting
⍽
Consolidation or Simplification of Reporting Requirements
⍽
Establishment of performance standards in lieu of Design or Operational Standards
⍽
Exemption of Small Businesses from some or all requirements
⍽
Other, describe:
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4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses
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5. Describe the Rule's Enforcement Provisions
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6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)
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⍽
Yes
⍽
No
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