Inger Williams, OCI Services
Phone: (608) 264-8110
Address: 125 South Webster Street — 2nd Floor
Madison WI 53703-3474
Mail: PO Box 7873, Madison, WI 53707-7873
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN That pursuant to ss.
115.745 (3) and
227.11 (2) (a), Stats., the Department of Public Instruction will hold a public hearing to consider emergency rules and proposed permanent rules creating Chapter
PI 39, relating to grants for tribal language revitalization. The hearing will be held as follows:
Hearing Information
Date and Time Location
January 15, 2010 Madison
2:30 — 4:00 p.m. GEF 3 Building
125 South Webster Street
Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call JP Leary, American Indian Studies Program Consultant, at (608) 267-2283 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Proposed Rule and Agency Contact Person
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Submission of Written Comments
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than January 22, 2010, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Public Instruction
Statute interpreted
Statutory authority
Explanation of agency authority
Section
115.745 (3), Stats., requires the department to promulgate rules to implement and administer this program.
Section
227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
N/A
Plain language analysis
2009 Wisconsin Act 28, the biennial budget bill, created a new competitive grant program under s.
115.745, Stats., appropriating $247,500 annually for a school board or cooperative educational service agency (CESA), in conjunction with a tribal education authority to apply to the department for a grant for the purpose of supporting innovative, effective instruction in one or more American Indian languages.
The proposed rule establishes criteria and procedures for awarding grants to eligible applicants. Rules must be in place as soon as possible to award grants in time for the upcoming school year. Therefore, emergency rules were promulgated effective December 15, 2009.
Comparison with federal regulations
N/A
Comparison with rules in adjacent states
Illinois, Iowa, Michigan, and Minnesota do not have rules relating to grants for tribal language revitalization.
Summary of factual data and analytical methodologies
Because
2009 Wisconsin Act 28 creating this grant program became effective June 30, 2009, the rule established an application deadline of January 29, 2010 to expedite the awarding of funds in 2009-10. In subsequent years, applications will be due March 1 to coincide with application timelines established for other grants awarded by the department.
Analysis and supporting documents used to determine effect on small business
N/A
Anticipated costs incurred by private sector
N/A
Small Business Impact
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Fiscal Estimate
Under s.
20.255 (2) (km), Stats.,
2009 Wisconsin Act 28, the biennial budget bill, appropriated $247,500 annually to create a new competitive grant program under s.
115.745, Stats. The grant program allows a school board or CESA in conjunction with a tribal education authority to apply to the department for a grant for the purpose of supporting innovative, effective instruction in one or more American Indian languages.
The rule establishes criteria and procedures for awarding these program grants. The rule, itself, will not increase local revenue. It is the school district's choice as to whether it will apply for a grant and implement an American Indian language program.
The costs associated with administering this grant program will be absorbed by the department.
Agency Contact Person
JP Leary
American Indian Studies Program Consultant
(608) 267-2283
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
342.245 (3) and
(4), Stats., the Department of Transportation will hold a public hearing to consider the creation of Chapter
Trans 148, Wis. Adm. Code, relating to electronic recording and release of liens by non-individual creditors.
Hearing Information
Date and Time
|
Location
|
January 29, 2010
|
Hill Farms State Transportation
Building
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11:00 a.m.
|
Room 144-B
|
|
4802 Sheboygan Avenue
|
|
Madison, WI
|
An interpreter for the hearing impaired will be available on request for this hearing. Parking for persons with disabilities and an accessible entrance are available.
Copies of Proposed Rule
A copy of the rule may be obtained upon request from Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail:
carson.frazier@dot.state. wi.us.
Submission of Written Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail:
carson.frazier@dot.state. wi.us.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
342.245 of the Wisconsin Statutes requires a secured party to use an electronic process prescribed by the Department of Transportation to file a security interest statement, and deliver a release of a security interest in a motor vehicle and to pay a fee for those actions. The Department may, by rule, exempt a person or a type of transaction from those requirements, except that any person who is exempted shall pay a fee to the department for processing applications and releases submitted by the person utilizing a process other than an electronic process. The statutes require the Department to promulgate rules to implement and administer these requirements. This rulemaking does that.
Related statute or rule
Plain language analysis
2009 Wis. Act 28 created s.
342.245, Stats., and amended related provisions, to require secured parties that are not individuals to file a security interest in a vehicle utilizing an electronic process prescribed by the Department. Act 28 also authorizes the Department to exempt a person or a type of transaction from that requirement. Act 28 requires the Department to promulgate administrative rules to implement and administer the statute.
In this rule making, the Department proposes policies and procedures to implement the requirement that non-individual secured parties file a security interest statement electronically. The Department uses as a model ch.
Trans 141, which requires licensed motor vehicle dealers to process title transactions using an electronic process prescribed by the Department.
Similar to policies established in ch.
Trans 141, the Department, in ch.
Trans 148, proposes to exempt from the requirement of electronic filing of security interest statement a secured party that has filed fewer than 49 security interest statements on Wisconsin motor vehicle titles during the previous calendar year. The proposed rule states that the Department may deny a secured party the authority to file and release security interest statements electronically based on the secured party's inadequate performance. As required by s.
342.245, Stats., and following the model of ch.
Trans 141, the Department proposes to charge a $5 fee per transaction for processing applications submitted by secured parties not required to process electronically, and the $5 fee and a $20 surcharge per transaction for processing applications submitted by secured parties not authorized to process electronically and by non-exempt secured parties that fail to comply with the law.
The Department proposes to exempt two types of transactions from the requirement that a secured party must file security interest statements electronically and, for these specifically exempted security interest transactions, the Department shall not charge a secured party a processing fee. First, if the security interest statement is being filed as part of a certificate of title transaction for a vehicle; and second, if the security interest statement is part of a transaction that is prohibited from successful electronic transaction because of an express limitation on the vehicle title or customer record, or on the e-MV Agent internet-based web application or APPS.
Comparison with federal regulations
No federal regulations govern the process covered in the proposed rule.
Comparison with rules in adjacent states
Michigan:
Michigan has no requirement, allowance, or means for a secured party to electronically file security interest statements.
Minnesota:
Minnesota has no requirement or allowance for a secured party to electronically file security interest statements. Minnesota at one time had such a pilot program; however, Minnesota has discontinued this practice.
Illinois:
