Notice of Hearing
Financial Institutions - Corporate and Consumer Services
[
CR 01-122]
Pursuant to s.
227.17, Stats., notice is hereby given that the Department of Financial Institutions, Division of Corporate and Consumer Services will hold a public hearing at the time and place indicated below to consider repealing and creating rules regarding implementation of the Wisconsin Uniform Commercial Code and operation of a lien filing system. This hearing covers the emergency rules in effect since October 24, 2001 and proposed permanent rules regarding the same.
Date & Time Location
December 3, 2001 Tommy G. Thompson Conf. Room
Monday 5th Floor
9:00 a.m. Department of Financial Institutions
345 West Washington Avenue
Madison, WI 53703
This facility is accessible to individuals with disabilities through levels A, B or the first floor lobby. If you require reasonable accommodation to access any meeting, please call Ray Allen at (608) 264-9566 or TTY (608) 266-8818 for the hearing impaired at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided by the Americans with Disabilities Act.
Written comments in lieu of public hearing testimony must be received not later than the hearing date and should be addressed to Ray Allen, Administrator, Department of Financial Institutions, Division of Corporate and Consumer Services, 3rd Floor, P.O. Box 7846, Madison, WI 53707-7846.
Analysis Prepared by Department of Financial Institutions, Division of Corporate and Consumer Services
To repeal ch. SS 3 and to create chs.
DFI-CCS 1,
2,
3,
4,
5,
6 and
7; and to repeal emergency rules published and effective July 2, 2001. Statutory authority:
1995 Act 27 s.
9150 (2bt)(f), and ss. 227.24 (1), 227.11 (2) and 409.526, Stats. Summary:
2001 Act 10 repealed and recreated the Wisconsin Uniform Commercial Code (“UCC"), effective July 1, 2001. The act authorizes the Department of Financial Institutions to promulgate rules to implement the UCC. Without these rules, the department will be unable to give effect to the provisions of the UCC. The act is part of an effort by the National Conference of Commissioners on Uniform State Laws and all member states to implement a revised model Uniform Commercial Code on July 1, 2001 to facilitate interstate commerce with nation-wide uniformity in lien filings. The rules address general provisions, acceptance and refusal of documents, the information management system, filing and data entry procedures, search requests and reports, other notices of liens under the UCC, and realty-related filings.
Statutory Authority
Fiscal Estimate
A summary of the fiscal effects of the proposed rules is as follows. For state fiscal effect: increase existing appropriation and increase costs. For local fiscal effect: increase costs for counties. Fund sources affected: program revenue; affected Ch.
20 appropriations .20.144 (1) (g).
Initial Regulatory Flexibility Analysis:
The rule may have an impact on small businesses. Types of small businesses that will be affected by the rule: any small business which issues a lien or related document under the Wisconsin Uniform Commercial Code. Description of the proposed reporting, bookkeeping and other procedures required for compliance: revised forms and centralized filing location. Types of professional skills necessary for compliance: no new skills.
Contact Person
A copy of the full text of the proposed rules and fiscal estimate may be obtained through the following:
Ray Allen, Administrator
Department of Financial Institutions
Division of Corporate and Consumer Services
3rd Floor, P.O. Box 7846
Madison, WI 53707-7846
tel. (608) 264-9566
A copy of the full text of the proposed rules may also be obtained at the department's website,
www.wdfi.org.
Notice of Proposed Rule
NOTICE IS HEREBY GIVEN that pursuant to the authority of s.
110.20 (9) (d), Stats., as amended by
2001 Wis. Act 16, and 227.11, Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Wisconsin Department of Transportation will adopt the following rule amending ch.
Trans 131 without public hearing unless, within 30 days after publication of this notice, on November 15, 2001, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Questions about this rule and any petition for public hearing may be addressed to Jerry Medinger, Department of Transportation, Bureau of Vehicles Services, Room 253, P. O. Box 7909, Madison, WI 53707-7909, telephone (608) 266-2267.
Analysis Prepared by the Wisconsin Department of Transportation
Ch.
Trans 131 governs the operation of the Vehicle Emission Inspection Program. This rule making proposes to amend s.
Trans 131.03 (2) (a) which requires a vehicle registrant to obtain an emission test within 90 days prior to registration renewal. Originally, emission testing was done every year. Existing policy that the vehicle must be tested within 90 days prior to registration renewal was intended to assure that no more than 15 months would have passed between a vehicle's testing. Currently, tests are done every two years, and the 90-day window is more restrictive than necessary. We propose making the window 180 days instead of 90 days. The other provisions are references to the period of time prior to registration renewal in which a vehicle may be tested, and are simply changed to correspond to the 180-day period from 90-days.
Text of Proposed Rule
Under the authority vested in the state of Wisconsin, department of transportation, by s. 110.20 (9) (d), Stats., as amended by 2001 Wis. Act 16, the department of transportation hereby proposes to amend a rule interpreting s. 110.20 (6) (a) 1., Stats., relating to vehicle emission inspections.
SECTION 1. Trans 131.03 (2) (a) is amended to read:
Trans 131.03 (2) (a) No more than 90 180 days prior to renewal of annual registration. In the 2nd year after the nonexempt vehicle's model year and every 2 years thereafter.
SECTION 2. Trans 131.04 (1) (b) is amended to read:
Trans 131.04 (1) (b) The emission related repairs and adjustments made to the vehicle's emission control system, including cost for parts and labor, have been performed on the vehicle within 90 180 days prior to renewal of annual registration or within 90 180 days of vehicle ownership change registration and such repairs and adjustments are indicated in the space provided on the vehicle inspection report by the person performing the repairs. If the labor for vehicle repair is performed without charge or cost, only the cost of replacement parts shall be indicated. An itemized receipt indicating the parts, labor cost, and date of purchase shall be provided to the waiver investigator.
SECTION 3. Trans 131.08 (1) is amended to read:
Trans 131.08 (1) ELIGIBILITY. When a vehicle subject to the emission inspection requirements of this chapter is unavailable for an inspection due to either the vehicle's absence or inoperative condition, or the owner's or lessee's absence or incapacity, during the 90 180 day period prior to the license expiration date, or within 45 days of an ownership change registration or registration as a collector or hobbyist vehicle, and inspection is not available under Trans 131.10, the owner or lessee may request of the department a letter of temporary exemption from the requirements of this chapter.
SECTION 4. Trans 131.10 (1) is amended to read:
Trans 131.10 (1) COMPLIANCE. When a vehicle subject to the emission inspection requirements of this chapter is unavailable for an inspection due to the vehicle's absence from the Wisconsin inspection area during the 90 180 day period prior to the license expiration date, or within 45 days of an ownership change registration or registration as a collector or hobbyist vehicle, but is operating in another nonattainment area requiring vehicle emission inspections, the owner or lessee shall submit an official vehicle inspection report, or the equivalent document, from that area indicating that the vehicle has passed the emission inspection in that area.
Fiscal Effect
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 or sewerage district. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis.
This proposed rule will have no adverse impact on small businesses.
Copies of Rule
Copies of the proposed rule may be obtained upon request, without cost, by writing to Jerry Medinger, Third Party Programs Section, P. O. Box 7909, Madison, WI 53707-7909, or by calling (608) 266-2267. 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.
