In this proposed rule-making order the Department of Regulation and Licensing proposes to repeal and recreate ch.
RL 87, Appendix
I, which incorporates by reference the 2004 edition of the Uniform Standards of Professional Appraisal Practice (USPAP).
SECTION 1. The department proposes to repeal ch.
RL 87, Appendix
I, which incorporates by reference the 2004 edition of the USPAP and recreate it to incorporate by reference the 2005 edition of the USPAP.
As required under s.
227.21, Stats., the department has obtained the consent of the attorney general and revisor of statutes to the incorporation of the 2005 edition of USPAP into the rules by reference.
Text of Rule
SECTION 1. Ch. RL 87, Appendix I is repealed and recreated to read:
APPENDIX I
UNIFORM STANDARDS OF PROFESSIONAL APPRAISAL PRACTICE
The 2005 edition of the Uniform Standards of Professional Appraisal Practice (USPAP) is hereby incorporated by reference into this Appendix. The 2005 edition of USPAP is effective January 1, 2005 to December 31, 2005.
After January 1, 2005, copies of the 2005 edition of USPAP may be purchased from the Appraisal Standards Board of the Appraisal Foundation, 1029 Vermont Avenue, N.W., Suite 900, Washington, D.C. 20005-3517, and (202) 347-7722. After January 1, 2005, copies of the 2005 edition of USPAP may also be obtained, at no charge, from the Appraisal Foundation's website at
http://www.appraisalfoundation.org.
Note: As required under s.
227.21, Stats., the attorney general and revisor of statutes have consented to the incorporation by reference of the 2005 edition of the Uniform Standards of Professional Appraisal Practice. After January 1, 2005, copies of the 2005 edition of the USPAP will be on file in the offices of the department, the secretary of state and the revisor of statutes.
Federal Regulations
The Federal Reform, Recovery, and Enforcement Act (“FIRREA"),
12 U.S.C. 3331 et seq., (Title XI) was enacted in 1989. Under FIRREA, insured financial institutions and insured credit unions are required to obtain the services of a state certified or licensed appraiser for appraisals conducted in connection with “federally related transactions."
The Appraisal Subcommittee of the Federal Financial Institutions Examination Council is authorized under FIRREA to monitor the requirements established by states for the certification and licensing of individuals who are qualified to perform appraisals in connection with federally related transactions.
21 USC 3333; Appraisal Subcommittee – Policy Statements Regarding State Certification and Licensing of Appraisers.
Under FIRREA, real estate appraisals performed in connection with federally related transactions are required to be performed in accordance with generally accepted appraisal standards as evidenced by the appraisal standards promulgated by the Appraisal Standards Board (ASB) of the Appraisal Foundation.
21 USC 3339; Appraisal Subcommittee – Policy Statements Regarding State Certification and Licensing of Appraisers, Statement 3.
The appraisal standards promulgated by the ASB are contained in the Uniform Standards of Professional Appraisal Practice (USPAP) and are available on the Appraisal Foundation's website at:
http://www.appraisalfoundation.org.
States Regulations
Under FIRREA, all states, including Illinois, Iowa, Michigan and Minnesota , must assure that certified appraisers comply with the Uniform Standards of Professional Appraisal Practice promulgated by the Appraisal Standards Board. In Wisconsin, USPAP has been incorporated by reference in Appendix I to ch.
RL 87, Code. See also, s.
458.24, Stats.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs to print and distribute the rule change.
Private Sector Fiscal Impact
The department has determined that this rule will have no significant fiscal effect on the private sector.
Initial Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708-8935, (608) 266-0495.
Notice of Proposed Rule
Transportation
NOTICE IS HEREBY GIVEN that pursuant to the authority of s.
194.09, and
227.11, Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Wisconsin Department of Transportation will adopt the following rule repealing ch.
Trans 302 without public hearing unless, within 30 days after publication of this notice, on
November 1, 2004, the Department of Transportation is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Analysis Prepared by the Wisconsin Department of Transportation
Statutory Authority: s.
194.09, Stats.
Statutes Interpreted: s.
194.09, Stats.
Plain Language Analysis: Wisconsin statutes require in s.194.09 that each motor vehicle operating in Wisconsin as a common motor carrier, as a contract carrier or as a private motor carrier, be clearly marked to identify that the motor carrier meets the regulations identified in ch.
194. Chapter
194 sets standards for motor carriers to ensure safe, competitive and efficient transportation services and includes regulations for licensing, permitting, certifications, inspections, penalties for violations of traffic laws, restrictions, appeal processes, insurance and taxation.
For the purposes of both statutory authority and administrative rule authority, the types of motor carriers are defined in ch.
194 as follows:
1. “Common motor carrier" means any person who can be hired to operate a motor carrier for the transport of persons and property. The focus of common carriers is to transport people over regular routes or routes with fixed endpoints. The transportation of property in conjunction with the transport of passengers is a secondary activity.
2. “Contract motor carrier" means any person who can be hired to operate a motor carrier to transport property over a regular or irregular route.
3. “Private motor carrier" means a person who operates her/his own motor carrier to transport property over a regular or irregular route.
Ch.
Trans 302, Vehicle Marking, under the authority of Chapter
194, provides out-dated regulations for marking intrastate motor carriers operating in Wisconsin, including for-hire motor carriers and private vehicles having a gross vehicle weight of more than 12,000 pounds. However, regulations for operating motor carriers are found also in two other DOT administrative rules, Trans 325, Motor Carrier Safety Regulations
for intrastate motor carriers, and Trans 327, Motor Carrier Safety for interstate motor carriers. Trans 325 and Trans 327 have adopted federal regulations identified in Title
49 CFR Part 390.21 for marking commercial motor carriers. The adoption of these marking regulations by Trans 325 and Trans 327 makes Trans 302 inconsistent with
49 CFR Part 390.21 and thus confusing for the motor carrier industry.
To eliminate outdated information and information inconsistent with adopted federal guidelines, the DOT proposes that ch. Trans 302 be repealed.
Text of Rule
SECTION 1. Chapter Trans 302 is repealed.
Summary of, and Preliminary Comparison with, Existing or Proposed Federal Regulation: Federal motor carrier regulation
49 CFR Part 390.21 requires motor carriers to be marked to display:
1. The legal name or single trade name of the self-propelled motor carrier as listed on the motor carrier identification report (From MCS-150) and submitted in accordance with federal regulations.
2. The USDOT motor carrier identification number.
3. The name of the operator of the motor carrier if different from the motor carrier owner by using the term “operated by".
4. The ICCMC number where applicable.
5. Required identification in the prescribed format, color, and lettering size.
6. Required identification prescribed for rented motor vehicles.
Chapter
Trans 302 requires intrastate motor carriers to be marked to display:
1. The legal name of the carrier.
2. The city and state of the motor carrier's headquarters.
3. Any applicable federal transportation authority number.
4. The empty weight of the power unit.
5. Identification in the prescribed format, color, and lettering size.
6. In accordance with
43 CFR Part 390.21 as an alternative to meeting the regulations identified in Trans 302.
The intent of repealing ch.
Trans 302 is to keep Wisconsin laws and motor carrier administrative rules compliant with existing federal regulations. Specifically, federal regulations regarding motor carrier marking,
49 CFR Part 390.21, have been adopted in ch.
Trans 325 for intrastate motor carriers and ch.
Trans 327 for interstate motor carriers.
Comparison with Rules in Adjacent States:
Michigan: Currently drafting legislation to adopt federal regulations except requirement for display of the USDOT number for intrastate motor carriers.
Minnesota: Adopted federal regulations in statute (221.031 subchapter 6).
Illinois: Has not adopted the federal regulations for intrastate motor carriers.
Iowa: Adopted federal regulations.
Summary of Factual Data and Analytical Methodologies Used and How the Related Findings Support the Regulatory Approach Chosen: Ch.
Trans 302 was created in 1982 to provide a uniform means for identifying the owner or operator subject to ch.
194, Stats., and private vehicles having a gross vehicle weight of more than12,000 pounds. Since 1982,
49 CFR Part 390.21 has been adopted by chs.
Trans 325 and
Trans 327 for motor carriers engaged in both interstate and intrastate commerce.
Effect on Small Business and, If Applicable, Any Analysis and Supporting Documentation Used to Determine Effect on Small Businesses: Small motor carrier businesses based in Wisconsin will benefit from the repeal of ch.
Trans 302 through the elimination of inconsistencies related to vehicle marking. The small businesses that provide intrastate motor carrier services will have only one source of regulations, thus making their efforts to comply easier. Small businesses that provide both intrastate and interstate motor carrier services will be able to simultaneously comply with both Wisconsin and federal regulations thus making their efforts easier.
Enforcement of the rule will be performed as part of routine motor carrier enforcement in Wisconsin. The repeal of ch.
Trans 302 will be made known to motor carriers though routine dialogue with industry representatives, contact with individual motor carrier services and in routine State Patrol documents. Since the result of the repeal of ch.
Trans 302 will simplify marking regulations, small businesses motor carriers will generally be in compliance by simply following federal regulations.
You may contact the Department's small business regulatory coordinator by phone at (608) 267-3703, or via e-mail at the following website:
Fiscal Effect and Anticipated Costs Incurred by Private Sector: 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 revenues or liabilities. The private sector of the motor carrier industry will benefit by having a single set of regulations for vehicle marking, thus saving time and cost on obtaining applicable regulations and painting only minimal information on the vehicles.
Place Where Comments are to be Submitted and Deadline for Submission: Questions about this rule and any petition for public hearing may be addressed to Lt. Charles Teasdale, Division of State Patrol, Room 551, P. O. Box 7912, Madison, Wisconsin 53707-7912, telephone (608) 267-0305.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
121.555 (3) (c),
121.555 (4) (a),
343.12 (2),
343.20 (1),
343.21 (3),
343.23 (2),
343.237, Stats., and interpreting ss.
121.555 (3) (c),
121.555 (4) (a),
343.12 (2),
343.20 (1),
343.21 (3),
343.23 (2),
343.237, Stats., the Department of Transportation will hold a public hearing in
Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
15th day of November, 2004, at 1:00 PM, to consider the amendment of ch.
Trans 112, Wisconsin Administrative Code, relating to medical standards for driver licensing and general standards for school bus endorsements.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Plain Language Analysis: Under current law, a person may not operate a school bus without a school bus endorsement issued by the Department of Transportation (DOT). DOT may issue a school bus endorsement to a person's valid motor vehicle operator's license if the person meets certain qualifications, including being free of conviction for certain crimes. A school bus endorsement is valid for the eight–year duration of the person's operator's license. Under certain circumstances, DOT must cancel the operator's license of a person to whom a school bus endorsement has been issued.
2003 Wisconsin Act 280 modified the existing criminal history requirements, and imposed additional requirements for the initial issuance or renewal of a school bus endorsement. That act prohibits DOT from issuing or renewing a school bus endorsement to an applicant if the applicant has been convicted of or adjudicated delinquent for any specified disqualifying crime or offense within a prior minimum specified time. These disqualifying crimes and offenses and minimum time periods for disqualification include those specified under current statutes, including various crimes against children. The act also authorizes DOT to specify by rule additional disqualifying crimes and offenses and the time period during which the disqualification applies.
Prior to Act 280, persons were not eligible for a school bus endorsement if he or she has been convicted of listed offenses (including a felony or an “offense against public morals") within the past five years, if the circumstances of the offense are “substantially related" to the circumstances of operating a school bus, or was convicted of specified offenses (including OWI and operating with a suspended or revoked license) within the past two years, regardless of whether the circumstances of the offense are “substantially related" to the circumstances of operating a school bus. Thus, Act 280 lengthened the periods of disqualification for some offenses, and listed some offenses that arguably are not “substantially related" to the circumstances of operating a school bus.
This rule establishes three periods of disqualification from eligibility for a school bus driver endorsement for conviction of listed felonies and misdemeanors. A lifetime disqualification is imposed on any person convicted of violent crimes resulting in death or serious physical injury to another, of sex offenses involving children and other vulnerable persons, or of other crimes involving predation or victimization of children or other vulnerable persons. A five-year disqualification is imposed on any person convicted of other crimes against life and bodily security, of other crimes against children, of crimes involving use of a motor vehicle, including operating while intoxicated (OWI), of possession of illegal weapons or of similar offenses likely to result in serious injury to others. A two-year disqualification is imposed on any person convicted of negligent operation of a motor vehicle, of obstructing emergency and rescue personnel or of other crimes.
Many of the listed offenses comprise felonies and misdemeanors. Under the rule, if a person provides evidence to the Department that his or her conviction of a listed offense is a misdemeanor conviction, the disqualification period is shortened to the next shorter disqualification period. However, there is no reduced disqualification period for misdemeanor sexual assault convictions, and the minimum period of disqualification for any listed offense (whether felony or misdemeanor) is two years.
The rule requires the Department to conduct a criminal history record search of every applicant for initial issuance or renewal to determine whether the person is convicted of disqualifying offenses. Although a school bus endorsement is renewed every eight years, DOT must conduct a criminal history search four years after the person obtains a school bus endorsement and, if appropriate, cancel the endorsement.
The rule also requires any person applying for initial issuance or renewal of a school bus endorsement to certify whether he or she has been convicted of any disqualifying offense, and allows the department to disqualify the person for the appropriate period based on that certification.
The rule requires any person who has resided in another state within the previous two years to notify the department of those other states, and requires the department to make a god faith effort to obtain the criminal history records from those other states, including submitting the persons fingerprints to the Department of Justice for a nationwide criminal history search.
The rule allows DOT to require every applicant for initial issuance or renewal of a school bus endorsement to provide two sets of fingerprints, and to pay fees for the two criminal history records searches that will be completed at initial issuance or renewal, and four years after the person obtains the school bus endorsement.
