July 8, 2013 - Introduced by Representatives Ripp,
Bernard Schaber,
Ballweg,
Bernier, Bies, Czaja, Danou, Doyle, Endsley, Jacque, Kahl, Kaufert,
Knodl, Kolste, T. Larson, LeMahieu, Marklein, Murphy, A. Ott, Sanfelippo,
Spiros, Stone, Strachota, Swearingen, Thiesfeldt, Tittl and Vruwink,
cosponsored by Senators Petrowski, Harsdorf and Moulton. Referred to
Committee on Transportation.
AB262,1,7
1An Act to repeal 341.19 (1) (b) and 341.19 (2) (b);
to consolidate, renumber
2and amend 341.19 (1) (intro.) and (a);
to amend 13.92 (4) (c), 13.92 (4) (d),
313.92 (4) (e), 13.92 (4) (f), 25.40 (1) (a) 3., 35.93 (3), 84.59 (2) (b), 194.46, 227.01
4(13) (intro.), 227.11 (2) (intro.), 227.27 (2) and 341.19 (2) (c); and
to create 13.92
5(4) (bm) and 227.265 of the statutes;
relating to: motor vehicle registration,
6motor carrier appeals, rulemaking procedures, and modifying and repealing
7various rules promulgated by the Department of Transportation.
Analysis by the Legislative Reference Bureau
Statutory treatments
Rulemaking procedures
Current law sets forth a procedure for the promulgation of administrative rules
(rules). Generally, that procedure consists of the following steps:
1. The agency planning to promulgate the rule prepares a statement of the
scope of the proposed rule, which the governor and the agency head must approve
before any state employee or official may perform any activity in connection with the
drafting of the proposed rule.
2. The agency drafts the proposed rule, together with an economic impact
analysis, plain language analysis, and fiscal estimate for the proposed rule, and
submits those materials to the Legislative Council Staff (LCS) for review.
3. Subject to certain exceptions, a public hearing is held on the proposed rule.
4. The final draft of the proposed rule is submitted to the governor for approval.
5. The final draft of the proposed rule, together with an economic impact
analysis, plain language analysis, and fiscal estimate for the proposed rule, are
submitted to the legislature for review by one standing committee in each house and
by the Joint Committee for Review of Administrative Rules (JCRAR).
6. The proposed rule is filed with the Legislative Reference Bureau (LRB) for
publication in the Wisconsin Administrative Code (code) and the Wisconsin
Administrative Register (register), and, subject to certain exceptions, the rule
becomes effective on the first day of the first month beginning after publication.
Under this bill, if a bill that repeals or modifies a rule is enacted, the ordinary
rule-making procedures under current law do not apply. Instead, the LRB must
publish the repeal or modification, in the code and the register, and the repeal or
modification, subject to certain exceptions, takes effect on the first day of the first
month beginning after publication.
Vehicle registration
Under current law, certain types of vehicles (mostly motor trucks and vehicles
weighing more than 8,000 pounds) may be registered for a quarterly period or a
period of consecutive months instead of for an annual or biennial registration period.
The Department of Transportation (DOT) must establish a telephone call-in
procedure for authorizing the operation of vehicles under DOT's quarterly or
consecutive monthly registration system. In addition to the regular registration fee,
a fee must be paid to DOT for using of the telephone call-in system. This fee is the
lesser of $10 per vehicle or the actual cost of the telephone authorization per vehicle
as determined by DOT. A $10 late fee must also be paid to DOT if DOT receives fees
arising from use of the telephone call-in system after the payment deadline
established by DOT. When the telephone call-in system is used, telephone
authorization to operate a vehicle may be canceled before the beginning of a
registration period but not after. If the telephone authorization is canceled, the
applicant is not required to pay the registration fee but must pay the telephone
authorization use fee and any cancellation fee established by DOT.
This bill eliminates the $10 late fee. The bill also allows a telephone
authorization to be canceled within 36 hours after making the request for telephone
authorization.
Motor carriers
Under current law, with limited exceptions, a person who transports
passengers or property for hire by motor vehicle on the highways is a common motor
carrier or a contract motor carrier (motor carrier). With limited exceptions, a motor
carrier must operate under a certificate, license, or permit (authority) authorizing
operation as a motor carrier. DOT may, by order, suspend, revoke, or alter a motor
carrier's authority, after notice and a hearing, for various violations. Within 20 days
after the date of the order, the motor carrier may appeal the order to the Department
of Administration's Division of Hearings and Appeals (DHA). This bill increases this
appeal time from 20 days to 30 days.
Treatments of administrative rules
This bill modifies and repeals various rules promulgated by DOT, as described
below.
Vehicle weigh station inspections
Under DOT's current rules, the operator of a truck weighing more than 8,000
pounds who approaches an open DOT weigh station must stop at the weigh station
and, if requested, permit the truck and its load to be weighed, measured, or
inspected. The operator of a truck weighing 8,000 pounds or less is not required to
stop at open DOT weigh stations as a matter of course, but must obey the request of
any traffic officer to stop the truck for weighing, measuring, or inspecting.
This bill amends DOT's rules so that only operators of trucks weighing more
than 10,000 pounds are required to stop at open DOT weigh stations to, upon request,
permit the truck and its load to be weighed, measured, or inspected.
Motor vehicle dealers
Under current statutes, a motor vehicle dealer, other than a motorcycle dealer,
must provide to DOT and maintain in force a bond or irrevocable letter of credit in
a minimum amount of $50,000. The bond or letter of credit must be executed in the
name of DOT for the benefit of any person who sustains a loss because of certain acts
of the motor vehicle dealer.
This bill amends DOT's rules to specify that the motor vehicle dealer's bond or
irrevocable letter of credit must be in a minimum amount of $50,000, rather than
$25,000, and to specify that a bond or letter of credit in this amount is also applicable
in determining an acceptable level of net worth for the dealer.
Under DOT's current rules, if a motor vehicle dealer is organized as a
corporation, an individual cannot hold the office of corporate president and also
either corporate secretary or vice president, as was formerly specified by a
since-repealed statute. This bill repeals this rule.
DOT's current rules require recreational vehicle dealers to maintain certain
books and records at their licensed business premises, including recreational vehicle
purchase contracts, purchase orders, and invoices; copies of MV1 Wisconsin title and
registration application forms (a printed form) as additional evidence of sales; and
information regarding collection of sales tax and Wisconsin title and registration
fees.
This bill amends DOT's rules so that a recreational vehicle dealer is required
to maintain copies of Wisconsin title and registration application forms submitted
to DOT, which may be the printed form MV1 or the electronic form MV11, and is not
required (by DOT rule) to maintain information regarding collection of sales tax.
Under DOT's current rules, when a motor vehicle dealer or wholesaler
reassigns ownership of a previously titled motor vehicle and the certificate of title
does not include available spaces for the reassignment of ownership (nonconforming
title), the reassignment of ownership and required odometer disclosure must be
completed by the dealer or wholesaler on a form approved by DOT.
DOT's current rules also require a motor vehicle wholesale auction dealer to
retain a copy of a properly completed, signed wholesale auction dealer reassignment
form for each vehicle sold with a nonconforming title and to furnish copies of it to the
purchasing and selling dealers. This bill amends DOT's rules to eliminate this
requirement and instead require the motor vehicle wholesale auction dealer to
maintain a copy of the signed title for each vehicle sold.
The bill also amends various rules to replace the term "mobile home dealer"
with the term "recreational vehicle dealer."
Motor vehicle emission and inspection program
Current statutes require DOT to conduct the motor vehicle emission inspection
and maintenance program (I/M program) in counties in which the air quality does
not meet certain federal standards (nonattainment counties). Under the I/M
program, most motor vehicles that are subject to emission limitations established by
the Department of Natural Resources (DNR) must pass periodic emission
inspections and may not be registered by DOT unless they have passed these
inspections. DOT may contract with third parties to perform vehicle emission
inspections under the I/M program.
Under DOT's rules relating to the I/M program, DOT must conduct audits of its
contractor inspection functions and inspection equipment and procedures. Also
under DOT's rules, all contractor employees and all employees of any authorized
inspection facility subcontractor who perform any official inspection functions must
have an inspector license issued by the contractor and DOT must conduct audits with
respect to inspectors. This bill repeals provisions of DOT's rules that allow a
contractor's or subcontractor's employee to appeal and request a hearing before a
DOT hearing officer if, as a result of a DOT audit, the employee's inspection license
is suspended or revoked and the employee is therefore removed from inspection
duties.
The bill also repeals a DOT rule that requires an inspector to refuse to perform
an inspection of a vehicle if the vehicle operator refuses to yield the driver's seat.
With respect to a requirement that the operator of a vehicle that fails an
inspection must receive a list of "registered automotive emission repair facilities,"
the bill changes this term to "recognized automotive emission repair technicians and
recognized repair facilities," which are terms defined by rule.
Under current statutes, DOT may contract with any person for title and
registration processing services and this program is known in DOT's current rules
as the "automated processing partnership system" (APPS) program. Under these
rules, an "agent" contracts with DOT to access and update vehicle records through
a computer system. A person applying to DOT to become an agent must provide a
surety bond or letter of credit in the amount of $10,000 if the person is applying to
do registration renewal transactions or $25,000 if the person is applying to do title
and original registration transactions. This bill modifies DOT's rules so that, if the
applicant is also a subcontractor of DOT's I/M program contractor and the I/M
program contractor has more than 100 subcontractors applying as agents, the I/M
program contractor may provide the surety bond or letter of credit on behalf of these
applicants and the amount of the surety bond or letter of credit is $2,000 for each
applicant.
Vehicle registration
With respect to DOT's current rules applicable to DOT's telephone call-in
procedure for authorizing the operation of vehicles under the quarterly or
consecutive monthly registration system, the bill repeals DOT's rule imposing a late
fee of $5 per vehicle if the applicant fails to pay to DOT all fees owing within 21 days
after the date of DOT's invoice.
Under DOT's current rules, DOT may require that an applicant for telephone
authorization use an authorization code during the telephone call-in procedure. The
"authorization code" is a combination of six letters or numbers issued to an applicant
by DOT for purposes of identification. This bill repeals all rules related to DOT's
issuance of, or an applicant's use of, an authorization code in connection with the
telephone call-in procedure.
The bill also specifies in DOT's rules that requests for telephone authorizations
will be accepted by DOT at any time but will be processed only during DOT's regular
business hours.
Under current statutes, all-terrain vehicles (ATVs) and utility terrain vehicles
(UTVs) are not required to be registered with DOT. DOT's current rules specify that
an ATV may not be registered as a "specially designed vehicle" operated by a person
holding a special restricted operator's license. DOT's current rules also specify that
ATVs are generally not eligible to be registered because registration is generally
prohibited for vehicles originally designed and manufactured for off-highway use.
This bill amends DOT's rules to include UTVs among the vehicles that DOT is
generally prohibited from registering.
Motor carriers
Like the statutes discussed above, DOT's current rules allow DOT to revoke or
suspend a motor carrier's authority if certain conditions exist, including that the
motor carrier has failed to satisfy certain requirements or is unfit to carry on
operations. A motor carrier may appeal, to DHA, an adverse determination by DOT
relating to a motor carrier's application or authority within 20 days of the
determination. This bill amends DOT's rule to increase this appeal time from 20 days
to 30 days.
DOT's current rules require motor carriers to notify DOT in writing or by
telephone of a change in their principal place of business within 30 days of the
change. This bill amends DOT's rules to also allow this notice by any electronic
means prescribed by DOT.
DOT's current rules require a person in the business of leasing motor vehicles
and trailers to motor carriers (rental company) to register with DOT. Each rental
company must negotiate rental agreements that are executed in triplicate, with
copies retained by the rental company, retained by the renter, and carried on the
leased motor vehicle. This bill amends DOT's rule so that the rental agreement is
required to be executed in duplicate, not triplicate, with the copy provided to the
renter also being the copy carried on the leased motor vehicle.
Local bridges
Under current statutes and DOT's current rules, DOT administers a local
bridge construction program for the construction or reconstruction (construction) of
bridges that are not on the state trunk highway system or connecting highways (local
bridges). Under the program, the construction of a local bridge project is under
DOT's control and supervision, but maintenance following construction is the
responsibility of the local governments. The cost of the bridge project is generally
divided in thirds between DOT and the county and municipality where the local
bridge is located. DOT must promulgate rules to implement this program, including
establishing eligibility criteria for local projects. DOT's current rules require that,
for a new bridge to be eligible at a new location, the length of the bridge must exceed
475 feet and the estimated cost must exceed $5,000,000. This bill amends DOT's rule
to increase the cost eligibility requirement from $5,000,000 to $16,000,000.
Technical corrections
The bill makes other minor and technical changes to DOT's rules, including
eliminating obsolete phase-in or transition dates; eliminating fees for services that
DOT no longer provides and fees repealed from the statutes; correcting references
to defunct programs or to repealed or defunct provisions of the administrative code
or statutes; and updating or repealing provisions that are inconsistent with current
statutes or that were promulgated based on statutes that have since been amended
or repealed.
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.