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:
Illinois has no requirement, allowance, or means for a secured party to electronically file security interest statements.
Iowa:
Iowa has no requirement, allowance, or means for a secured party to electronically file security interest statements.
Summary of factual data and analytical methodologies
Since 2007, all licensed motor vehicle dealers are required to process title and registration transactions. This law is implemented in chs.
Trans 141 and
Trans 156.
While financial institutions affected by ch.
Trans 148 are of course different from motor vehicle dealers, many of the issues involved in electronically processing transactions and updating the DMV database are the same. For example, all transactions are subject to the same federal and state privacy laws and DMV security procedures. All transactions utilize the same methods of payment to DMV.
Therefore, the Department uses chs.
Trans 141 and
Trans 156 as a basis for ch.
Trans 148, with changes as needed to address the different needs of secured parties.
Analysis and supporting documents used to determine effect on small businesses
The Department has analyzed the number of security interests listed on motor vehicle titles, by non-individual secured party, for calendar year 2008. There are more than 15,700 different secured parties that have current liens listed on motor vehicle titles.
The Department then excluded from the count security interests that were added as part of a title transaction (generally, a vehicle purchase in which the buyer obtained a loan). Of the total 15,700 secured parties, only about 2,080 secured parties listed security interests that are not part of a title transaction. Of the 2,080, only 433 secured parties listed 50 or more security interests, not part of a title transaction, in 2008. The 433 secured parties that listed 50 or more security interests are responsible for a total of 95,489 security interests not part of a title transaction. This is 88% of all security interests that are not part of a title transaction listed in calendar year 2008. The remaining 1,647 secured parties listed only 13,311 security interests not part of a title transaction, or 12% of all non-title security interests listed in 2008.
Therefore, the Department has concluded that a cut-off of 48 or fewer non-title transactions is a reasonable number. This number is the same number of sales which exempt a motor vehicle dealer from requirements under ch.
Trans 141, making program administration and communication with DMV's business partners easier while, at the same time, this number captures a very large share of the security interest filing volume.
In this proposed rule, the Department proposes the exemption cut-off at 48 or fewer non-title security interests listed during the previous calendar year.
Small Business Impact
Most non-individual secured parties are financial institutions, located in and outside Wisconsin. Virtually all financial institutions maintain their records in electronic format and possess computers and access to the Internet. On the other hand, the Department recognizes that some small businesses do not possess this capability.
While there is not a direct connection between the size of the business and the amount of business done with the Department, the Department believes that this is an adequate measure of a small business for which it may be difficult to purchase necessary hardware and software, or to hire sufficient staff to manage electronic security interest statement filing. Therefore, the proposed rule exempts secured parties that have filed 48 or fewer security interest statements in motor vehicles during the previous calendar year.
Small Business Regulatory Coordinator
Fiscal Estimate
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, sewerage district, or federally-recognized tribes or bands.
The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Agency Contact Person
Carson Frazier
Dept. of Transportation — Bureau of Vehicle Services
Room 253, P. O. Box 7911
Madison, WI 53707-7911
Phone : (608) 266-7857
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to ss.
103.34 (13) and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider the creation of Chapter
DWD 273, relating to the regulation of traveling sales crews.
Hearing Information
Date and Time
|
Location
|
January 20, 2010
|
Madison
|
Wednesday
|
G.E.F. 1 Building, B103
|
1:30 p.m.
|
201 E. Washington Avenue
|
Accessibility
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Copies of Proposed Rule
The proposed rules are available for review at the website
http://adminrules.wisconsin.gov and may also be obtained by contacting Howard Bernstein, Office of Legal Counsel, Dept. of Workforce Development, P.O. Box 7946, Madison, WI 53707-7946, (608) 266-9427, or
Howard.Bernstein@ dwd.wisconsin.gov.
Appearances at the Hearing and Submission of 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 facts, views, and suggested rewording in writing.
Written comments on the rule may be submitted to the website or to Howard Bernstein at the address listed above by January 22, 2010, and will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Workforce Development
Statutory authority
Statutes interpreted
Explanation of agency authority
Section
103.34, Stats., created by
2009 Wisconsin Act 3, provides for the regulation of traveling sales crews, which involves the employment of groups of persons as salespersons who travel to a variety of locations and sell consumer goods or services door to door. Section
103.34(13), Stats., provides the authority for rules interpreting the statute, establishing fees, and setting requirements for registration and safety.
Summary of the proposed rule
After providing brief statements on the authority, purpose and applicability of the rule, the proposed rule enumerates the items required for a certificate of registration. These include: a completed application form; two completed fingerprint cards (for the purpose of a criminal background check) for each person who is a proprietor, managing partner, manager, principal officer, employee, agent or representative of the traveling sales crew business who supervises or transports traveling sales crew workers; verification that the applicant has a surety bond, a certificate of deposit, an escrow account, or an irrevocable letter of credit, in the amount of at least $10,000; a registration fee, in the amount of $60 for each individual for whom a background check is required; a mechanic's certification that all vehicles to be used to transport sales crews are in compliance with all safety standards; copies of the information that is to be provided to employees describing the transportation to be provided, and any hazardous materials (such as cleaning supplies) that the crew may be storing, handling, transporting or otherwise having exposure to; and documents showing that the operator applicant has the required amount of insurance coverage.
The proposed rule provides that the Department will begin to process the application when it has received all of the required documents, and it will complete its processing of the application within 30 days of receipt of the results of the criminal background check.
The proposed rule specifies standards for the fingerprint cards that are to be submitted as part of the certification application, requires the applicant or certified operator to notify the Department of any change in information that has been submitted to the Department, and provides that a certificate of registration may be denied, suspended or revoked if the Department determines that the applicant or certified operator is not in compliance with the law.
The proposed rule specifies the employment and wage payment records that are to be maintained by a certified operator. The proposed rule requires that the vehicles used must meet all safety requirements and that the certified operator must provide written information to the crew members on the safe handling, storage and transportation of any products or other materials that accompany the crew in their vehicles.
The proposed rule describes the information that must be provided by the operator to the Department to obtain traveling sales crew member permits. This includes, for each crew member, a government picture ID, information on the area of recruitment, the locations where the crew will be working, a description of the duties of the crew members, a description of the products being sold, and a statement verifying that this information has been provided to the crew member. The proposed rule provides that permit applications will be processed and permits issued within ten days after the receipt of all application materials. The proposed rule provides that operators and crew members are required to carry permits and identification at all times while working.
The proposed rule provides that a person who is required to obtain a traveling sales crew member permit is entitled to file a claim for unpaid wages with the Department under sec. 109.09, Stats.
Comparison with federal regulations
There is no federal law which regulates traveling sales crews or which requires work permits for door to door sales.
Comparison with laws in adjacent states
None of the states adjacent to Wisconsin (Illinois, Iowa, Michigan and Minnesota) has a law which regulates traveling sales crews.
Summary of factual data and analytical methodologies
The proposed rule is based on the requirements of sec. 103.34, Stats.
Small Business Impact
