For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB262,1
1Section
1. 13.92 (4) (bm) of the statutes is created to read:
AB262,7,22
13.92
(4) (bm) If 2 or more rules filed under s. 227.20 or modified under s.
3227.265 affect the same unit of the Wisconsin administrative code without taking
4cognizance of the effect thereon of the other rules and if the legislative reference
5bureau finds that there is no mutual inconsistency in the changes made by each such
6rule, the legislative reference bureau shall incorporate the changes made by each
7rule into the text of the unit and document the incorporation in a note to the unit.
8For each such incorporation, the legislative reference bureau shall include in a
9correction bill a provision formally validating the incorporation. Section 227.27 (2)
1is not affected by printing decisions made by the legislative reference bureau under
2this paragraph.
AB262,2
3Section
2. 13.92 (4) (c) of the statutes is amended to read:
AB262,7,54
13.92
(4) (c) The legislative reference bureau may insert in the Wisconsin
5administrative code a note explaining any change made under par. (b)
or (bm).
AB262,3
6Section
3. 13.92 (4) (d) of the statutes is amended to read:
AB262,7,87
13.92
(4) (d) Sections 227.114, 227.116, 227.135
, and 227.14 to 227.24 do not
8apply to any change made by the legislative reference bureau under par. (b)
or (bm).
AB262,4
9Section
4. 13.92 (4) (e) of the statutes is amended to read:
AB262,7,1110
13.92
(4) (e) The legislative reference bureau shall prepare and keep on file a
11record of each change made under par. (b)
or (bm).
AB262,5
12Section
5. 13.92 (4) (f) of the statutes is amended to read:
AB262,7,1413
13.92
(4) (f) The legislative reference bureau shall notify the agency involved
14of each change made under par. (b)
or (bm).
AB262,6
15Section
6. 25.40 (1) (a) 3. of the statutes is amended to read:
AB262,7,2216
25.40
(1) (a) 3. Revenues collected under ss. 341.09 (2) (d), (2m) (a) 1., (4), and
17(7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1)
18(a) and (b), (2), (2e), and (2m), 341.17 (8), 341.19 (1)
(a), 341.25, 341.255 (1), (2) (a),
19(b), and (c), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264
20(1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.269 (2) (b), 341.30
21(3), 341.305 (3), 341.307 (4) (a), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and
22342.14 that are pledged to any fund created under s. 84.59 (2).
AB262,7
23Section
7. 35.93 (3) of the statutes is amended to read:
AB262,8,1224
35.93
(3) The legislative reference bureau shall compile and deliver to the
25department for printing copy for a register which shall contain all the rules filed
1under s. 227.20 or modified under s. 227.265 since the compilation of rules for the
2preceding issue of the register was made and those executive orders which are to be
3in effect for more than 90 days or an informative summary thereof. The complete
4register shall be compiled and published before the first day of each month and a
5notice section of the register shall be compiled and published before the 15th day of
6each month. Each issue of the register shall contain a title page with the name
7"Wisconsin administrative register", the number and date of the register, and a table
8of contents. Each page of the register shall also contain the date and number of the
9register of which it is a part in addition to the other necessary code titles and page
10numbers. The legislative reference bureau may include in the register such
11instructions or information as in the bureau's judgment will help the user to correctly
12make insertions and deletions in the code and to keep the code current.
AB262,8
13Section
8. 84.59 (2) (b) of the statutes is amended to read:
AB262,9,514
84.59
(2) (b) The department may, under s. 18.562, deposit in a separate and
15distinct special fund outside the state treasury, in an account maintained by a
16trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2),
17(2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2),
18(2e), and (2m), 341.17 (8), 341.19 (1)
(a), 341.25, 341.255 (1), (2) (a), (b), and (c), and
19(5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265
20(1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.269 (2) (b), 341.30 (3), 341.305
21(3), 341.307 (4) (a), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14 and from
22any payments received with respect to agreements or ancillary arrangements
23entered into under s. 18.55 (6) with respect to revenue obligations issued under this
24section. The revenues deposited are the trustee's revenues in accordance with the
25agreement between this state and the trustee or in accordance with the resolution
1pledging the revenues to the repayment of revenue obligations issued under this
2section. Revenue obligations issued for the purposes specified in sub. (1) and for the
3repayment of which revenues are deposited under this paragraph are special fund
4obligations, as defined in s. 18.52 (7), issued for special fund programs, as defined in
5s. 18.52 (8).
AB262,9
6Section
9. 194.46 of the statutes is amended to read:
AB262,9,19
7194.46 Amendment, suspension, or revocation of certificate, license, or
8permit; hearing. The department may at any time, by its order duly entered after
9a hearing had, upon notice to the holder of any certificate, license, or permit under
10this chapter and an opportunity to be heard, at which it shall be proved that the
11holder has willfully violated or refused to comply with any of the provisions of this
12chapter or s. 346.924, or any orders or rules of the department, alter, amend,
13suspend, or revoke the certificate, license, or permit. The department may suspend
14or revoke a certificate, license, or permit under this chapter if, after providing the
15holder thereof notice and an opportunity to be heard on the matter, the department
16finds that service under the certificate, license, or permit has been abandoned. A
17person who is aggrieved by an order of the department under this section may, within
1820 30 days after the date that the order is issued, request a review of the order by the
19division of hearings and appeals.
AB262,10
20Section
10. 227.01 (13) (intro.) of the statutes is amended to read:
AB262,9,2521
227.01
(13) (intro.) "Rule" means a regulation, standard, statement of policy
, 22or general order of general application which has the effect of law and which is issued
23by an agency to implement, interpret
, or make specific legislation enforced or
24administered by the agency or to govern the organization or procedure of the agency.
25"Rule" includes a modification of a rule under s. 227.265. "Rule" does not include, and
1s. 227.10 does not apply to, any action or inaction of an agency, whether it would
2otherwise meet the definition under this subsection, which:
AB262,11
3Section
11. 227.11 (2) (intro.) of the statutes is amended to read:
AB262,10,54
227.11
(2) (intro.) Rule-making authority is expressly conferred
on an agency 5as follows:
AB262,12
6Section
12. 227.265 of the statutes is created to read:
AB262,10,11
7227.265 Repeal or modification of rules. If a bill to repeal or modify a rule
8is enacted, the procedures under ss. 227.114 to 227.21 and 227.26 do not apply.
9Instead, the legislative reference bureau shall publish the repeal or modification in
10the Wisconsin administrative code and register as required under s. 35.93, and the
11repeal or modification shall take effect as provided in s. 227.22.
AB262,13
12Section
13. 227.27 (2) of the statutes is amended to read:
AB262,10,1813
227.27
(2) The code shall be prima facie evidence in all courts and proceedings
14as provided by s. 889.01, but this does not preclude reference to or, in case of a
15discrepancy, control over a rule filed with the legislative reference bureau
or the
16secretary of state under s. 227.20 or modified under s. 227.265, and the certified copy
17of a rule shall also and in the same degree be prima facie evidence in all courts and
18proceedings.
AB262,14
19Section
14. 341.19 (1) (intro.) and (a) of the statutes are consolidated,
20renumbered 341.19 (1) and amended to read:
AB262,11,221
341.19
(1) The department shall establish a telephone call-in procedure to
22authorize the operation of vehicles under the quarterly registration system in s.
23341.30 or consecutive monthly registration system in s. 341.305. In addition to the
24registration fee required under s. 341.30 or 341.305,
the following fees shall be paid
25to the department for authorizing the operation of a vehicle under this section
: (a)
1The, a fee shall be paid to the department of the lesser of $10 per vehicle or the actual
2cost of the telephone authorization per vehicle as determined by the department.
AB262,15
3Section
15. 341.19 (1) (b) of the statutes is repealed.
AB262,16
4Section
16. 341.19 (2) (b) of the statutes is repealed.
AB262,17
5Section
17. 341.19 (2) (c) of the statutes is amended to read:
AB262,11,126
341.19
(2) (c) Telephone authorization to operate a vehicle
granted before the
7beginning of the registration period may be canceled by the applicant
before the
8beginning of the registration period within 36 hours after making the request for
9telephone authorization, and the applicant shall not be required to pay the
10registration fee. The applicant shall pay to the department the authorization fee
11under sub. (1)
(a) and may be charged a cancellation fee established by the
12department.
AB262,18
13Section
18. Trans 131.03 (11) (L) of the administrative code is repealed.
AB262,19
14Section
19. Trans 131.03 (15) (c) of the administrative code is amended to read:
AB262,11,1915
Trans 131.03
(15) (c) Each operator of a vehicle failing the initial inspection
16shall receive a list of
registered recognized automotive emission
repair technicians
17and recognized repair facilities by area which includes information required under
18s. Trans 131.15. This listing may include other consumer information useful in
19obtaining vehicle emission repair service.
AB262,20
20Section
20. Trans 131.11 (3) (a) of the administrative code is renumbered
21Trans 131.11 (3).
AB262,21
22Section
21. Trans 131.11 (3) (b) of the administrative code is repealed.
AB262,22
23Section
22. Trans 131.13 (5) (a) of the administrative code is renumbered
24Trans 131.13 (5).
AB262,23
25Section
23. Trans 131.13 (5) (b) of the administrative code is repealed.
AB262,24
1Section
24. Trans 133.02 (2) of the administrative code is repealed.
AB262,25
2Section
25. Trans 133.04 (1) of the administrative code is amended to read:
AB262,12,113
Trans 133.04
(1) Department service schedule. Requests for telephone
4authorizations will be accepted by the department
between 7:30 a.m. and 4:00 p.m.
5Monday through Friday except on New Year's Day, Good Friday, Memorial Day,
6Independence Day, Labor Day, Thanksgiving, Christmas Eve Day, Christmas Day,
7and New Year's Eve Day, and any other holiday when state offices are closed. When
8any of the named holidays falls on Sunday and is celebrated on the following Monday,
9applications will not be accepted on the day celebrated as the holiday at any time but
10will be processed by the department only during the department's regular business
11hours.
AB262,26
12Section
26. Trans 133.04 (2) (h) of the administrative code is repealed.
AB262,27
13Section
27. Trans 133.05 of the administrative code is repealed.
AB262,28
14Section
28. Trans 133.06 (3) of the administrative code is repealed.
AB262,29
15Section
29. Trans 133.07 (1) of the administrative code is amended to read:
AB262,12,1816
Trans 133.07
(1) Schedule. The department shall mail a monthly invoice to
17any applicant that owes telephone authorization fees
, late payment fees or
18cancellation fees as described in s. Trans 133.06.
AB262,30
19Section
30. Trans 133.08 of the administrative code is amended to read:
AB262,12,25
20Trans 133.08 Cancellation of telephone authorization. A telephone
21authorization may be cancelled
providing if the applicant requests the cancellation
22by telephone
and the registration period for which the vehicle has been granted
23approval to operate has not commenced within 36 hours after making the request for
24telephone authorization. Cancellation fees will be assessed as described in s. Trans
25133.06 (4).
AB262,31
1Section
31. Trans 133.09 (3) of the administrative code is repealed.
AB262,32
2Section
32. Trans 138.05 (3) of the administrative code is amended to read:
AB262,13,63
Trans 138.05
(3) Retain Maintain a copy of
a properly completed, the signed
4wholesale auction dealer reassignment form title for each vehicle sold
with a
5nonconforming title as required under s. Trans 154.03 (3) (d) 3., and furnish 2 copies
6to the purchasing dealer and one copy to the selling dealer.
AB262,33
7Section
33. Trans 140.022 (2) of the administrative code is amended to read:
AB262,13,128
Trans 140.022
(2) Minimum security. A motor vehicle dealer or applicant for
9a motor vehicle dealer license shall provide and maintain in force a bond or letter of
10credit of not less than
$25,000 $50,000, or if the dealer or applicant sells or proposes
11to sell motorcycles and not other types of motor vehicles, a bond or irrevocable letter
12of credit of not less than $5,000.
AB262,34
13Section
34. Trans 140.07 (3) (a) of the administrative code is renumbered
14Trans 140.07 (3).
AB262,35
15Section
35. Trans 140.07 (3) (b) of the administrative code is repealed.
AB262,36
16Section
36. Trans 140.09 (2) (a) of the administrative code is amended to read:
AB262,13,1817
Trans 140.09
(2) (a) The following guidelines are used in determining the
18acceptable level of net worth of an applicant:
-
See PDF for table ![PDF](http://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB262,37
1Section
37. Trans 142.07 (5) (c) of the administrative code is amended to read:
AB262,14,62
Trans 142.07
(5) (c) The original or a copy of all recreational vehicle purchase
3contracts, purchase orders and invoices. The records shall also include a copy of
MV1 4Wisconsin title and registration application forms
submitted to the department as
5additional evidence of the sale as well as information regarding collection of
sales tax
6and Wisconsin title and registration fees.
AB262,38
7Section
38. Trans 144.01 of the administrative code is amended to read:
AB262,14,15
8Trans 144.01 Purpose. This chapter describes the periods, expiration dates,
9and fees for licenses issued by the department under the authority found in ch. 218,
10Stats., to motor vehicle dealers and their salespersons; moped dealers;
11manufacturers, distributors, wholesalers, and their representatives;
mobile home 12recreational vehicle dealers and their salespersons; motor vehicle auction dealers;
13salvage dealers; and buyer identification card holders. It also establishes the
14periods, expiration dates, and fees for registration plates issued to dealers,
15distributors, and manufacturers.
AB262,39
16Section
39. Trans 144.02 (1) of the administrative code is amended to read:
AB262,14,2017
Trans 144.02
(1) "Business license" means a license issued by the department
18under ch. 218, Stats., to a motor vehicle dealer, moped dealer,
mobile home 19recreational vehicle dealer, motor vehicle auction dealer, motor vehicle
20manufacturer, distributor, wholesaler, or salvage dealer.
AB262,40
21Section
40. Trans 144.04 (1) of the administrative code is amended to read:
AB262,15,2
1Trans 144.04
(1) The department shall collect the fees described in the
2following table from applicants before issuing their licenses or registration plates.
-
See PDF for table ![PDF](http://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB262,41
3Section
41. Trans 144.05 of the administrative code is repealed.
AB262,42
4Section
42. Trans 152.15 of the administrative code is amended to read:
AB262,16,8
5Trans 152.15 Revocation. If an assessed tax or fee has not been paid when
6due and the person has not filed a written appeal within 30 days of the notification
7of action or audit finding, that tax or fee becomes delinquent. A notice of delinquency
8and revocation shall be sent to the last known address of the licensee or registrant
9advising of the immediate revocation of fuel tax licensing, IRP registration
10privileges, or hire operating authority
and single-state insurance registration. A
1license may also be revoked if the licensee fails to comply with the provisions of this
2chapter or the provisions of the IFTA or IRP. An appealable notice of revocation shall
3be mailed to the licensee's or registrant's mailing address of record. If the appeal is
4not filed within 30 days, the revocation shall be final and conclusive. A license or
5registrant's licensing privileges shall remain revoked until the reason for the
6revocation has been removed. In addition, the department may revoke, suspend or
7refuse any registration, certificate or permit issued under the authority of the
8department upon revocation of a person's fuel tax or IRP licensing privileges.
AB262,43
9Section
43. Trans 156.04 (1) (c) of the administrative code is renumbered
10Trans 156.04 (1) (c) 1. and amended to read:
AB262,16,1911
Trans 156.04
(1) (c) 1.
The Except as provided in subd. 2., the applicant shall
12provide a surety bond or letter of credit along with the request for appointment in
13a form prescribed by the DMV.
The Except as provided in subd. 2., the bond or letter
14of credit shall be $10,000 for an agent doing renewal transactions and $25,000 for an
15agent doing title transactions and original registration. The bond shall indemnify
16the department against claims arising from the acts or omissions of agents under the
17contract including, but not limited to, missing or stolen license plates, stickers, and
18temporary certificate of registration paper stock. The requirement for a bond does
19not apply to units of government or to financial institutions.
AB262,44
20Section
44. Trans 156.04 (1) (c) 2. of the administrative code is created to read:
AB262,16,2521
Trans 156.04
(1) (c) 2. A contractor with the department under s. 110.20 (8)
22(am) 1., Stats., having more than 100 subcontractors, as described in s. 110.20 (8)
23(am) 7., Stats., that are applicants under this section may provide the surety bond
24or letter of credit on behalf of these applicants. The bond or letter of credit shall be
25$2,000 for each applicant on whose behalf the bond or letter of credit is provided.
AB262,45
1Section
45. Trans 156.06 (3) of the administrative code is repealed.
AB262,46
2Section
46. Trans 175.03 of the administrative code is amended to read:
AB262,17,10
3Trans 175.03 Registration. Each rental company, before engaging in such
4business, shall file an application with the department of transportation on forms
5prescribed by it and secure an identifying registration number. Said registration
6number will be issued after such investigation as the department may deem
7necessary, either with or without hearing.
The department, after giving applicant
8opportunity to be heard, may attach to such rental company registration such
9conditions as may be deemed necessary to accomplish the purpose of s. 194.44 (2),
10Stats.
AB262,47
11Section
47. Trans 175.04 (4) (e) of the administrative code is amended to read:
AB262,17,1712
Trans 175.04
(4) (e) Be executed in
triplicate duplicate. The originals including
13voided copies shall be retained by the rental company and filed in numerical order
, 14and one copy shall be retained by the renter
, and
one copy shall be carried on the
15motor vehicle specified therein during the entire period of the agreement by the
16renter and shall be made available for inspection immediately upon the request of
17any law enforcement officer.
AB262,48
18Section
48. Trans 177.04 of the administrative code is amended to read:
AB262,17,22
19Trans 177.04 Change of address. A person authorized as a carrier under ch.
20194, Stats., shall notify the department in writing
or
, by telephone
, or by any
21electronic means prescribed by the department of a change in the person's principal
22place of business within 30 days of the change.
AB262,49
23Section
49. Trans 177.09 (4) of the administrative code is amended to read:
AB262,18,3
1Trans 177.09
(4) A carrier may appeal the department's adverse determination
2relating to the carrier's application or authority within
20 30 days of the
3determination to the division of hearings and appeals.
AB262,50
4Section
50. Trans 177.10 of the administrative code is repealed.
AB262,51
5Section
51. Trans 196.02 (7) of the administrative code is amended to read:
AB262,18,96
Trans 196.02
(7) "Special handling" means a request by an applicant for
7accelerated service, fast handling, or priority service in the issuance of certificate of
8title or registration
, including the use of a special department telephone registration
9service for the payment of renewal fees.
AB262,52
10Section
52. Trans 196.02 (8) of the administrative code is repealed.