—Adm 89 – Housing Cost Grants and Loans. Because the Department intends to update provisions of ss. Adm 89.02 (5) and Adm 89.05 (5) that exist solely to interpret “low or moderate income” in s. 16.304, Wis. Stats., and the Department has deemed this necessary to effectuate the purpose of that statute, this proposed change is authorized by s. 227.11 (2) (a), Wis. Stats. —Adm 92 – Relocation Assistance. Section 32.26 (2) (a), Wis. Stats., provides that the department “shall promulgate rules to implement and administer ss. 32.19 to 32.27.” This provides explicit statutory authority for the Department to revise its rules in ch. Adm 92, including rules regarding standards for decent, safe, and sanitary housing and services for displaced individuals, which all reference persons with disabilities. —ER 44 - Employment Development and Training. The provision that the Department intends to update, s. ER 44.09 (1), relates to the authority to fill positions with trainees. This rule is authorized by s. 230.04 (5), which explicitly authorizes the promulgation of rules “on all matters relating to the administration of the division and the performance of the duties assigned to the administrator.” Specifically, s. 230.046 (5) (c), Wis. Stats., provides for “rules of the administrator whenever on−the−job trainees are employed.” —Game 4 – Duties and Responsibilities of Associations and Racetrack Operators. This chapter exists under the authority of s. 562.02 (1) (a), which provides that the Department shall “[r]egulate racing and on-track pari-mutuel wagering in this state and shall promulgate all rules necessary to administer this chapter.” The non-substantive procedures that the Department intends to review and update are authorized by this statute and by s. 227.11 (2) (b), Wis. Stats. 4. Related statutes or rules:
2019 Wisconsin Act 1 made numerous terminology updates to administrative rules of the Department of Health Services, the Department of Safety and Professional Services, and the Public Service Commission, regarding references to individuals with intellectual disabilities. The proposed rule is intended to make similar updates with regard to usage of the term “disability” in place of outdated terminology in the Department’s existing rules. 5. Brief plain language summary of the proposed rule:
The proposed rule revises the Department’s administrative code provisions to refer to disability or individuals with disabilities, instead of handicap or handicapped individuals. In places where current rules provide a definition of the term “handicapped,” the rules are revised to remove that term and to instead define the term “disability” consistently with the federal definition of “disability” as set forth in the Americans with Disabilities Act of 1990.
6. Summary of, and preliminary comparison with, any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The federal Americans with Disabilities Act of 1990 does not use the outdated language of “handicapped,” instead referring to “individuals with disabilities.” Pub. L. No. 101-336, 104 Stat. 327, codified at 42 USC 12101–12213. The proposed rule is intended to align Wisconsin code provisions by updating terminology similarly. 7. Comparison with similar rules in Illinois, Iowa, Michigan, and Minnesota:
A review of administrative rules in Illinois, Iowa, and Michigan shows that most current provisions of these states’ rules use updated terminology, though some instances of the term “handicap” can still be found in certain rules in these states which have not been updated. An online search of Minnesota administrative rules was not able to identify any current provisions where the term “handicap” is used in reference to individuals with disabilities; it appears that all previous usage of such terminology has been repealed in Minnesota.
8. Summary of the factual data and analytical methodologies that the agency used in support of the proposed rule and how any related findings support the regulatory approach chosen for the proposed rule:
The Department reviewed existing statutes and administrative rules in order to determine the necessary revisions to the administrative rules to implement the Governor’s directive in Executive Order #15. Where appropriate, terminology and definitions were made consistent with those used in the federal Americans with Disabilities Act of 1990.
9. Effect on small business:
There is no anticipated effect on small business from implementing the proposed rule.
10. Any analysis and supporting documents used in support of the agency’s determination of the rule’s effect on small business or in preparation of economic impact report:
Not applicable.
11. Email address and telephone number of agency contact person:
Alexandra Arkin, Legal Counsel
101 E. Wilson Street
PO Box 7864
Madison, WI 53707
(608) 267-7877
12. Place where comments are to be submitted and deadline for submission:
A public hearing will be held on January 24, 2022, at 10:00 a.m., via conference call.
Rule comments will be accepted until 5:00 p.m. on January 24, 2022.
RULE TEXT
Section 1. Adm 1.05 (2) is amended to read:
Adm 1.05 (2) Accommodation for disabled employees. An employee's disability shall be shown by a statement from a physician, an advanced practice nurse, a physician assistant, a chiropractor or a Christian science practitioner, indicating that the employee is disabled according to those standards established in s. 341.14, Stats. Parking for vehicles with special identification cards for the physically handicapped disabled pursuant to s. 343.51, Stats., shall be provided as close as possible to an entrance which can be used by disabled employees. Disabled employees allocated parking under this section shall not be exempted from payment for parking privileges under s. 16.843 (2), Stats.
Section 2. Adm 1.05 (3) is amended to read:
Adm 1.05 (3) Accommodation for disabled visitors. Motor vehicles using public parking stalls or spaces designated for the handicapped individuals with disabilities shall be equipped with license plates issued to or for disabled persons pursuant to s. 341.14, Stats. Parking for vehicles with special identification cards for the physically handicapped disabled pursuant to s. 343.51, Stats., shall be provided as close as possible to an entrance which can be used by disabled visitors.
Section 3. Adm 2.04 (1m) (b) is amended to read:
Adm 2.04 (1m) (b) Events or exhibits, whether based upon permit or advance notice shall not be restricted, denied, or disallowed on the basis of age, race, creed, color, handicap disability, marital status, sex, sexual orientation, national origin, ancestry, arrest or conviction record, religion, or political affiliation of the person applying for the permit or giving notice.
Section 4. Adm 2.04 (5) is amended to read:
Adm 2.04 (5) The department and the applicant may not discriminate against any individual on the basis of age, race, creed, color, handicap disability, marital status, sex, sexual orientation, national origin, ancestry, arrest record, or conviction record in the utilization of state office buildings and facilities for government business, public meetings for free discussion of public questions, or for civic activities.
Section 5. Adm 21.09 (7) is amended to read:
Adm 21.09 (7) Any contractor or subcontractor who enters into a contract on a state construction project shall assume an obligation to take whatever affirmative action is necessary to assure equal employment opportunity in all aspects of employment, irrespective of age, race, religion, color, handicap disability, sex, physical condition, developmental disability as defined in s. 51.01 (5), Stats., or national origin. It is expected that all contractors and subcontractors will carry out that part of their contract pertaining to equal employment opportunity and affirmative action with the same amount of thought and diligence as with any other part of the contract. Section 6. Adm 30.05 (11) is amended to read:
Adm 30.05 (11) Nondiscrimination. The charitable organization shall have a policy and procedure of nondiscrimination in regard to race, color, religion, national origin, handicap disability, age, or sex applicable to persons served by the charitable organization, applicable to charitable organization staff employment, and applicable to membership on the charitable organization's governing board.
Section 7. Adm 50.02 (2) is amended to read:
Adm 50.02 (2) Encourage and foster to the fullest extent practicable the employment of all properly qualified persons regardless of their age, race, religion, color, handicap disability, sex, physical condition, developmental disability, sexual orientation, as defined in s. 111.32 (13m), Stats., or national origin.
Section 8. Adm 50.03 (1) is amended to read:
Adm 50.03 (1) (1) “Balanced work force" means an equitable representation of qualified handicapped persons with disabilities, minorities and women in each level of a work force which approximates the percentage of handicapped persons with disabilities, minorities and women available for jobs at any particular level from the relevant labor market. For construction work, the relevant labor market consists of all craft journeypersons, all craft indentured apprentices and all qualified apprentice applicants available for employment for a specific project. Persons in the construction workforce shall be excluded from the labor market where the contractor can show that these persons are unwilling to make themselves available at the job site for employment on a regular and ongoing basis.
Section 9. Adm 50.03 (6) is amended to read:
Adm 50.03 (6) “Handicapped person” “Disability” means any person who, with respect to an individual:
