Analysis Prepared by the Wis. Dept. of Transportation
Statutory authority: ss. 85.16 (1), 227.11 and 341.09
Statute interpreted: s. 341.09
General Summary of Proposed Rule. The proposed amendments to ch. Trans 132 are necessary to implement statutory changes adopted in 1997 Wis. Act 27. Section 3961p of the Act amended s. 341.04, Stats., to require that purchasers of automobiles, station wagons or motor trucks weighing 8,000 pounds or less obtain and display temporary operation license plates within two business days after purchase. Other changes were made by the Act to s. 341.09, Stats., to provide for issuance of the required temporary operation plates by the Department and by motor vehicle dealers.
Section 1 of the proposed rule amends the definition of “purchase” to include a lease. This reflects the fact that s. 341.09, Stats., was amended to permit dealers to issue temporary plates to persons leasing as well as purchasing vehicles from the dealer.
Sections 2 and 3 of the proposed rule provides for the addition of a portion of the vehicle identification number on temporary plates as a further element of identification.
Sections 5, 6 and 7 of the proposed rule amend s. Trans 132.05 to provide for issuance of temporary plates to motor vehicle dealers without prepayment of fees and to repeal limitations on the number of plates which can be obtained at one time. These changes in procedure reflect the fact that statutory changes have increased the number of plates which motor vehicle dealers will need to satisfy their customers' needs and the fact that no fee may be charged for issuance of temporary plates to purchasers from the dealer of automobiles, station wagons or motor trucks with a registered weight of 8,000 pounds or less.
Sections 8, 9, 10 and 11 make changes to s. Trans 132.06 to reflect that dealers must now issue temporary plates at no charge to persons purchasing or leasing automobiles, station wagons or light trucks from the dealer; may collect a fee from non-residents; and may collect a fee from any resident who has purchased a vehicle from a source other than the issuing dealer. In the latter case, the dealer may also collect a separate fee for special assistance to the purchaser.
Section 14 of the proposed rule adds a new provision to s. Trans 132.06 to provide that the plate number be written on the application form and a copy of the form provided to the purchaser. This reflects the fact that the Department has decided to eliminate a separate form which had acted as a receipt for the purchaser.
Section 15 amends s. Trans 132.07, relating to recordkeeping, to reflect the elimination of the separate receipt form and to permit electronic as well as manual recordkeeping systems. The information which had been contained on the receipt form MVD 2467 will still have to be kept as part of the records of plate issuance by the dealer.
Section 17 repeals s. Trans 132.09, due to the fact that the Department will no longer charge a prepayment fee for providing temporary plates to dealers.
Section 18 repeals and recreates s. Trans 132.10 to provide that if the Department contracts with persons under s. 341.09, Stats., to issue temporary plates, the provisions of ch. Trans 132 applicable to dealers will also be applicable to contractors.
Fiscal Estimate
Chapter Trans 132 implements statutes enacted in 1997 Wis. Act 27, the 1997-99 biennial budget. Chapter Trans 132 has no fiscal impact other than the fiscal impact resulting from the statute. The following fiscal impact is estimated for these statutory provisions:
Annual Cost to DOT
Total Cost: 7.3 FTE $505,400
Funded in Budget: 4.0 FTE $389,900
Remains Unfunded: 3.3 FTE $115,500
Annual Revenue to the Transportation Fund:
+$562,500
One-time Cost to DOT:
Total cost: $13,000 plus DP cost
Funded in Budget: None
Remains Unfunded: $13,000 (the program will not be
automated because data processing
work was not funded)
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district, sewerage district, or any federally-recognized American Indian tribes or bands.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Proposed Rule
Copies of the rule may be obtained upon request, without cost, by writing to:
Bev Schwartz, (608) 267-5253
Bureau of Vehicle Services, Room 301
Division of Motor Vehicles
P. O. Box 7909
Madison, WI 53707-7909
Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Workforce Development
(Worker's Compensation,
Chs. DWD 80-82)
Notice is given that pursuant to ss. 102.15 and 102.28 (2)(b), Stats., the Department of Workforce Development proposes to hold a public hearing to consider the revision of ch. DWD 80, Wis. Adm. Code, relating to self-insurance.
Hearing Information
July 16, 1998 Room 263-B, GEF 1
Thursday 201 E. Washington Ave.
10:00 a.m. Madison, WI
This hearing is held in an accessible facility. If you have special needs or circumstances which may make communication or accessibility difficult at the hearing, please call (608) 266-1340, or Telecommunication Device for the Deaf (TTY) at 608-266-1340, at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators or materials in audio tape format will, to the fullest extent possible, be made available on request by a person with a disability.
Copies of Rule
A copy of the rules to be considered may be obtained from the State Department of Workforce Development, Division of Worker's Compensation, 201 E. Washington Avenue, P.O. Box 7901, Madison, Wisconsin, 53707-7901, by calling (608) 266-1340, or at the appointed times and places the hearings are held.
Written Comments
Interested persons are invited to appear at the hearing and will be afforded the opportunity of making an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing may be submitted no later than July 17, 1998, for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to Richard D. Smith at the address noted above. Written comments will be given the same consideration as testimony presented at the hearing. Persons submitting comments will not receive individual responses.
Analysis of the Proposed Rule
Statutory Authority: ss. 102.15(1) and 102.28(2)(b)
This rule authorizes the Department to expand the duration of self-insurance orders from one year to three years, although the employer's annual reporting requirements for financial and claims information, and the $200 annual fee, are retained. The rule clarifies that the annual fee does not apply to political subdivisions that self-insure. The rule also clarifies the Department's authority to require other timely monitoring reports, particularly those related to the employer's organizational changes.
In Wisconsin, no self-insured employer has ever defaulted on its obligation to pay worker's compensation benefits due to financial problems. Still, under current law, as a condition of self- insurance, the Department typically requires self-insured employers to provide some form of security. This rule establishes standards for determining the amounts and types of security that the Department may require from self-insured employers. It also provides that the Department may call the security provided by the employer and use it to pay and administer that employer's worker's compensation liabilities if the Department has a reasonable basis to believe that the employer is not or will not be able to timely pay its worker's compensation liabilities from other employer resources.
Fiscal Estimate
The proposed rule changes are intended to simplify and clarify requirements for employers to be exempted from the need to carry worker's compensation insurance. The rule authorizes the Department to expand the duration of self-insurance orders from one year to three years, even though the employer is still required to report financial and claims information to the Department annually and to pay an annual self-insurance fee of $200. The rule establishes a minimum security requirement for self-insurers of $500,000, unless certain financial criteria are met to exempt the employer from this requirement. The rule also requires employers to use standard Department insurance and security forms. The Department is also granted authority to “call” the employer's security to administer and pay worker's compensation claims for which the employer is liable, if the Department determines the employer is not willing or able to timely meet its worker's compensation claim liabilities. The proposed rule changes do not modify the application fee for employers seeking exemption from the duty to insure, or the annual fee charged to employers already exempted. Therefore, there is no expected increase or decrease in revenue related to fees and assessments. The rule changes will reduce some of the staff work involving the issuance of annual renewal orders, but this will not result in a reduction in staff positions. Other aspects of the proposed rule change will modestly increase the staff workload, especially related to determining appropriate security requirements for self-insurers. The proposed rule changes to s. DWD 80.60 are not expected to have a significant impact on program revenues or expenditures.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Businesses that usually employ 3 or more employes or which pay $500 in a calendar quarter to all employes are subject to the Worker's Compensation Act and this rule.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The rule establishes security standards for self-insured employers for purposes of worker's compensation. Few, if any, small businesses are self-insured.
3. Types of professional skills necessary for compliance with the rules.
Financial. The rule relates to financial security instruments for self-insurance.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade & Consumer Protection
(CR 98-14):
Chs. ATCP 32, 33 and 35 - Relating to bulk fertilizer and pesticide storage and agrichemical cleanups.
Chs. ILHR 20-25 - Relating to the Uniform Dwelling Code.
SS. HSS 45.05 (11) and HFS 46.06 (11) - Relating to outdoor play space for children attending day care centers.
Chs. NR 500, 502, 507, 512, 520 and 680 and ss. NR 504.09, 509.07, 514.04 and 620.15 - Relating to solid and hazardous waste management activities.
SS. NR 487.03, 487.05, 487.07, 487.09 and 487.10 - Relating to the clean fuel fleet program to reduce volatile organic compound (VOC) and oxides of nitrogen emissions from fleet vehicles.
Ch. NR 10 and ss. NR 11.10, 15.02, 19.09, 19.30 & 27.03 - Relating to wildlife management housekeeping changes.
