2013 WISCONSIN ACT 363
An Act to repeal 341.19 (1) (b) and 341.19 (2) (b); to consolidate, renumber and amend 341.19 (1) (intro.) and (a); to amend 13.92 (4) (c), 13.92 (4) (d), 13.92 (4) (e), 13.92 (4) (f), 25.40 (1) (a) 3., 35.93 (2) (b) 4., 35.93 (2) (c) 1., 35.93 (3), 35.93 (3) (e) (intro.), 35.93 (3) (e) 1., 84.59 (2) (b), 194.46, 227.01 (13) (intro.), 227.11 (2) (intro.), 227.27 (2) and 341.19 (2) (c); and to create 13.92 (4) (bm) and 227.265 of the statutes;
relating to: motor vehicle registration, motor carrier appeals, rulemaking procedures, and modifying and repealing various rules promulgated by the Department of Transportation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
363,1
Section
1. 13.92 (4) (bm) of the statutes is created to read:
13.92 (4) (bm) If 2 or more rules filed under s. 227.20 or modified under s. 227.265 affect the same unit of the Wisconsin administrative code without taking cognizance of the effect thereon of the other rules and if the legislative reference bureau finds that there is no mutual inconsistency in the changes made by each such rule, the legislative reference bureau shall incorporate the changes made by each rule into the text of the unit and document the incorporation in a note to the unit. For each such incorporation, the legislative reference bureau shall include in a correction bill a provision formally validating the incorporation. Section 227.27 (2) is not affected by printing decisions made by the legislative reference bureau under this paragraph.
363,2
Section
2. 13.92 (4) (c) of the statutes is amended to read:
13.92 (4) (c) The legislative reference bureau may insert in the Wisconsin administrative code a note explaining any change made under par. (b) or (bm).
363,3
Section
3. 13.92 (4) (d) of the statutes is amended to read:
13.92 (4) (d) Sections 227.114, 227.116, 227.135, and 227.14 to 227.24 do not apply to any change made by the legislative reference bureau under par. (b) or (bm).
363,4
Section
4. 13.92 (4) (e) of the statutes is amended to read:
13.92 (4) (e) The legislative reference bureau shall prepare and keep on file a record of each change made under par. (b) or (bm).
363,5
Section
5. 13.92 (4) (f) of the statutes is amended to read:
13.92 (4) (f) The legislative reference bureau shall notify the agency involved of each change made under par. (b) or (bm).
363,6
Section
6. 25.40 (1) (a) 3. of the statutes is amended to read:
25.40 (1) (a) 3. Revenues collected under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), (2e), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.269 (2) (b), 341.30 (3), 341.305 (3), 341.307 (4) (a), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14 that are pledged to any fund created under s. 84.59 (2).
35.93 (2) (b) 4. Copies of all rules filed with the legislative reference bureau under s. 227.20 (1) or modified under s. 227.265 since the compilation of the preceding register, including emergency rules filed under s. 227.24 (3).
35.93 (2) (c) 1. Each chapter of the Wisconsin administrative code that has been affected by rules filed with legislative reference bureau under s. 227.20 (1) or modified under s. 227.265, in accordance with sub. (3) (e) 1.
363,7
Section
7. 35.93 (3) of the statutes is amended to read:
35.93 (3) The legislative reference bureau shall compile and deliver to the department for printing copy for a register which shall contain all the rules filed under s. 227.20 or modified under s. 227.265 since the compilation of rules for the preceding issue of the register was made and those executive orders which are to be in effect for more than 90 days or an informative summary thereof. The complete register shall be compiled and published before the first day of each month and a notice section of the register shall be compiled and published before the 15th day of each month. Each issue of the register shall contain a title page with the name "Wisconsin administrative register", the number and date of the register, and a table of contents. Each page of the register shall also contain the date and number of the register of which it is a part in addition to the other necessary code titles and page numbers. The legislative reference bureau may include in the register such instructions or information as in the bureau's judgment will help the user to correctly make insertions and deletions in the code and to keep the code current.
35.93 (3) (e) (intro.) The legislative reference bureau shall incorporate into the appropriate chapters of the Wisconsin administrative code each permanent rule filed with the legislative reference bureau under s. 227.20 (1) or modified under s. 227.265 and, for each chapter of the administrative code affected by a rule, do all of the following:
35.93 (3) (e) 1. Publish the chapter in the appropriate end-of-month register in accordance with the filing deadline for publication established in the rules procedures manual published under s. 227.15 (7) or, in an end-of-month register agreed to by the submitting agency and the legislative reference bureau, or, in the case of a rule modified under s. 227.265, in the end-of-month register for the month in which the bill modifying the rule is enacted.
363,8
Section
8. 84.59 (2) (b) of the statutes is amended to read:
84.59 (2) (b) The department may, under s. 18.562, deposit in a separate and distinct special fund outside the state treasury, in an account maintained by a trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), (2e), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.269 (2) (b), 341.30 (3), 341.305 (3), 341.307 (4) (a), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14 and from any payments received with respect to agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section. The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section. Revenue obligations issued for the purposes specified in sub. (1) and for the repayment of which revenues are deposited under this paragraph are special fund obligations, as defined in s. 18.52 (7), issued for special fund programs, as defined in s. 18.52 (8).
363,9
Section
9. 194.46 of the statutes is amended to read:
194.46 Amendment, suspension, or revocation of certificate, license, or permit; hearing. The department may at any time, by its order duly entered after a hearing had, upon notice to the holder of any certificate, license, or permit under this chapter and an opportunity to be heard, at which it shall be proved that the holder has willfully violated or refused to comply with any of the provisions of this chapter or s. 346.924, or any orders or rules of the department, alter, amend, suspend, or revoke the certificate, license, or permit. The department may suspend or revoke a certificate, license, or permit under this chapter if, after providing the holder thereof notice and an opportunity to be heard on the matter, the department finds that service under the certificate, license, or permit has been abandoned. A person who is aggrieved by an order of the department under this section may, within 20 30 days after the date that the order is issued, request a review of the order by the division of hearings and appeals.
363,10
Section
10. 227.01 (13) (intro.) of the statutes is amended to read:
227.01 (13) (intro.) "Rule" means a regulation, standard, statement of policy, or general order of general application which has the effect of law and which is issued by an agency to implement, interpret, or make specific legislation enforced or administered by the agency or to govern the organization or procedure of the agency. "Rule" includes a modification of a rule under s. 227.265. "Rule" does not include, and s. 227.10 does not apply to, any action or inaction of an agency, whether it would otherwise meet the definition under this subsection, which:
363,11
Section
11. 227.11 (2) (intro.) of the statutes is amended to read:
227.11 (2) (intro.) Rule-making authority is expressly conferred on an agency as follows:
363,12
Section
12. 227.265 of the statutes is created to read:
227.265 Repeal or modification of rules. If a bill to repeal or modify a rule is enacted, the procedures under ss. 227.114 to 227.21 and 227.26 do not apply. Instead, the legislative reference bureau shall publish the repeal or modification in the Wisconsin administrative code and register as required under s. 35.93, and the repeal or modification shall take effect as provided in s. 227.22.
363,13
Section
13. 227.27 (2) of the statutes is amended to read:
227.27 (2) The code shall be prima facie evidence in all courts and proceedings as provided by s. 889.01, but this does not preclude reference to or, in case of a discrepancy, control over a rule filed with the legislative reference bureau or the secretary of state under s. 227.20 or modified under s. 227.265, and the certified copy of a rule shall also and in the same degree be prima facie evidence in all courts and proceedings.
363,14
Section
14. 341.19 (1) (intro.) and (a) of the statutes are consolidated, renumbered 341.19 (1) and amended to read:
341.19 (1) The department shall establish a telephone call-in procedure to authorize the operation of vehicles under the quarterly registration system in s. 341.30 or consecutive monthly registration system in s. 341.305. In addition to the registration fee required under s. 341.30 or 341.305, the following fees shall be paid to the department for authorizing the operation of a vehicle under this section: (a) The, a fee shall be paid to the department of the lesser of $10 per vehicle or the actual cost of the telephone authorization per vehicle as determined by the department.
363,15
Section
15. 341.19 (1) (b) of the statutes is repealed.
363,16
Section
16. 341.19 (2) (b) of the statutes is repealed.
363,17
Section
17. 341.19 (2) (c) of the statutes is amended to read:
341.19 (2) (c) Telephone authorization to operate a vehicle granted before the beginning of the registration period may be canceled by the applicant before the beginning of the registration period within 36 hours after making the request for telephone authorization, and the applicant shall not be required to pay the registration fee. The applicant shall pay to the department the authorization fee under sub. (1) (a) and may be charged a cancellation fee established by the department.
363,18
Section
18. Trans 131.03 (11) (L) of the administrative code is repealed.
363,19
Section
19. Trans 131.03 (15) (c) of the administrative code is amended to read:
Trans 131.03 (15) (c) Each operator of a vehicle failing the initial inspection shall receive a list of registered recognized automotive emission repair technicians and recognized repair facilities by area which includes information required under s. Trans 131.15. This listing may include other consumer information useful in obtaining vehicle emission repair service.
363,20
Section
20. Trans 131.11 (3) (a) of the administrative code is renumbered Trans 131.11 (3).
363,21
Section
21. Trans 131.11 (3) (b) of the administrative code is repealed.
363,22
Section
22. Trans 131.13 (5) (a) of the administrative code is renumbered Trans 131.13 (5).
363,23
Section
23. Trans 131.13 (5) (b) of the administrative code is repealed.
363,24
Section
24. Trans 133.02 (2) of the administrative code is repealed.
363,25
Section
25. Trans 133.04 (1) of the administrative code is amended to read:
Trans 133.04 (1) Department service schedule. Requests for telephone authorizations will be accepted by the department between 7:30 a.m. and 4:00 p.m. Monday through Friday except on New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve Day, Christmas Day, and New Year's Eve Day, and any other holiday when state offices are closed. When any of the named holidays falls on Sunday and is celebrated on the following Monday, applications will not be accepted on the day celebrated as the holiday at any time but will be processed by the department only during the department's regular business hours.
363,26
Section
26. Trans 133.04 (2) (h) of the administrative code is repealed.
363,27
Section
27. Trans 133.05 of the administrative code is repealed.
363,28
Section
28. Trans 133.06 (3) of the administrative code is repealed.
363,29
Section
29. Trans 133.07 (1) of the administrative code is amended to read:
Trans 133.07 (1) Schedule. The department shall mail a monthly invoice to any applicant that owes telephone authorization fees, late payment fees or cancellation fees as described in s. Trans 133.06.
363,30
Section
30. Trans 133.08 of the administrative code is amended to read:
Trans 133.08 Cancellation of telephone authorization. A telephone authorization may be cancelled providing if the applicant requests the cancellation by telephone and the registration period for which the vehicle has been granted approval to operate has not commenced within 36 hours after making the request for telephone authorization and vehicle operation has not commenced. Cancellation fees will be assessed as described in s. Trans 133.06 (4).
363,31
Section
31. Trans 133.09 (3) of the administrative code is repealed.
363,32
Section
32. Trans 138.05 (3) of the administrative code is amended to read:
