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15. 341.19 (1) (b) of the statutes is repealed.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16. 341.19 (2) (b) of the statutes is repealed.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.
AB262,53
11Section
53. Trans 196.04 (2) (b) of the administrative code is repealed.
AB262,54
12Section
54. Trans 196.04 (3) (d) of the administrative code is repealed.
AB262,55
13Section
55. Trans 196.04 (5) of the administrative code is repealed.
AB262,56
14Section
56. Trans 215.07 (2) (b) 1. of the administrative code is amended to
15read:
AB262,18,1816
Trans 215.07
(2) (b) 1. Initially, in order to be considered for financing under
17ch. Trans 215, the length must exceed 475 feet and the estimated cost must exceed
18$5 million $16,000,000.
AB262,57
19Section
57. Trans 215.07 (2) (d) of the administrative code is amended to read:
AB262,18,2220
Trans 215.07
(2) (d) Projects funded by the legislature and the local units of
21government as set forth in
s. 84.11 (5), Stats., to June 30, 1993, or s. 84.11 (5m), Stats.,
22after June 30, 1993, will proceed to construction.
AB262,58
23Section
58. Trans 215.08 (1) of the administrative code is renumbered Trans
24215.08 and amended to read:
AB262,19,3
1Trans 215.08 Apportionment of cost. Costs shall be apportioned in
2accordance with the provisions of
s. 84.11 (5), Stats., until June 30, 1993. Thereafter
3costs shall be apportioned in accordance with the provisions of s. 84.11 (5m), Stats.
AB262,59
4Section
59. Trans 215.08 (2) of the administrative code is repealed.
AB262,60
5Section
60. Trans 215.10 of the administrative code is amended to read:
AB262,19,9
6Trans 215.10 Execution and control of work. Execution and control of
7work shall be in accordance with the provisions of
s. 84.11 (7), Stats., until June 30,
81993. Thereafter execution and control shall be in accordance with the provisions
9of s. 84.11 (7m), Stats.
AB262,61
10Section
61. Trans 230.01 (3) (c) 1. of the administrative code is amended to
11read:
AB262,19,2412
Trans 230.01
(3) (c) 1. Except for general permits (s. Trans 230.06), industrial
13interplant permits (s. Trans 230.08),
pole and pipe transportation permits (ch. Trans
14257), vehicle transportation permits, double bottom milk truck permits and double
15bottom permits, permits shall not be issued nor valid for the transporting of loads or
16articles which could reasonably be divided in such a manner as to allow transporting
17of the loads or articles in 2 or more loads which would not exceed statutory size and
18weight limits, nor shall permits be issued or valid for the transporting of more than
19one article if the vehicle and load exceed statutory weight limits. (This does not
20prohibit the transporting of necessary blocking for a load, nor the transporting of
21such necessary blocking on the otherwise empty vehicle to and from the origin or
22destination of the load, but it does prohibit, among other things, the addition of an
23extra bucket, boom section, and so forth to a load being transported under a permit
24issued for an overweight vehicle and load.)
AB262,62
25Section
62. Chapter Trans 257 of the administrative code is repealed.
AB262,63
1Section
63. Trans 303.03 (4) of the administrative code is repealed.
AB262,64
2Section
64. Trans 303.04 of the administrative code is amended to read:
AB262,20,4
3Trans 303.04 Registration options. Any vehicle defined in s. Trans 303.03
4(2)
to (4) or (3) may, due to individual use, be registered as a special vehicle.
AB262,65
5Section
65. Trans 303.08 (1) (d) of the administrative code is amended to read:
AB262,20,66
Trans 303.08
(1) (d) All terrain vehicles
and utility terrain vehicles.
AB262,66
7Section
66. Trans 305.065 (3) of the administrative code is amended to read:
AB262,20,158
Trans 305.065
(3) Registration. As provided in s. 341.10 (6), Stats., no vehicle
9originally designed and manufactured for off-highway use may be registered by the
10department unless it bears the label required by section 114 of the national traffic
11and motor vehicle safety act of 1966, as amended. The label shall be affixed by the
12original manufacturer and shall certify that at the time of manufacture the vehicle
13met all applicable federal motor vehicle safety standards. Vehicles generally not
14eligible to be registered include, but are not limited to, mini-bikes, go-carts
and, 15all-terrain vehicles
, and utility terrain vehicles.
AB262,67
16Section
67. Trans 309.02 (1) of the administrative code is repealed.
AB262,68
17Section
68. Trans 312.03 (2) of the administrative code is amended to read: