Analysis Prepared by the Dept. of Transportation
Explanation of Agency Authority: The Department is charged with responsibility for suspending or refusing registration of vehicles for failure to pay various debts related to unpaid judgments, parking citations or towing and storage charges associated with parking citations. This chapter implements those requirements.
Plain Language Analysis
This proposed rule makes the following changes to current rule regarding the Traffic Violations Registration Program (TVRP): First, it adds towing and storage charges as eligible for TVRP action, as enacted in
2003 Act 201. Second, it adds provisions to accommodate electronic submission of notices that suspending authorities submit to the Department of Transportation, as well as manual or paper submission of notices. Third, the rule includes language to clarify the effect of bankruptcy on vehicle registration suspensions, to comport with federal and state law. The remainder of the rule making consists of re-organizing existing provisions into more readable and understandable format, elaborating on current policies for added clarity, and adding definitions that may be needed.
Comparison with Federal Regulation
No federal regulations require, encourage or discuss registration suspension or refusal for unpaid debts such as judgments, citations, or towing and storage charges.
Comparison with Rules in Adjacent States
Michigan: Michigan will sanction a person's driver's license for unpaid tickets rather than vehicle registration. If a person accumulates 6 or more parking tickets or 2 or more disabled parking tickets, the person is prevented from renewing his or her driver's license. Parking tickets only are included, not towing and storage charges. Information is submitted to DMV by the courts electronically. Some smaller jurisdictions may submit paper.
Minnesota: Minnesota will suspend the driver's licenses when the counties notify DMV. If there is an unpaid judgment, it could include unpaid towing/storage charges, but the parking citations do not. Information is submitted electronically from the counties to DMV.
Illinois: Illinois will suspend the person's driver's license, if the person accumulates 10 or more parking citations. The city determines the amount of the payment, so it may or may not include towing and storage charges. Information is sent to DMV in paper form.
Iowa: Iowa will suspend the person `s driver's license, if parking ticket (and subsequent charges from towing) are not paid; all charges would have to be paid before the suspension is lifted. Most parking authorities submit information electronically.
Summary of Factual Data and Analytical Methodologies
The regulatory approach in this proposed rule reflects no change from current regulatory approach governing the TVRP administration. No data analysis was required.
Analysis to Determine Effect on Small Businesses
The statutory provisions upon which this rule is based apply to governmental units, not to small businesses. Thus, this rule does not apply to small businesses.
Effect on Small Business
This rule affects governmental units, authorized by law to enforce non-moving traffic violations. The rule has no effect on small business, with the exception of any small business that might engage by contract with a governmental unit to process non-moving traffic violation notices to the Department. In that case, the business would be bound by its contract with the governmental unit. The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Effect and Anticipated Costs 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.
This rule also has no effect on costs incurred by the private sector.
Agency Contact Person and Submission of Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or e-mail:
carson.frazier@dot.state.wi.us.
Copy of Rule on Internet
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
227.11, Stats., and interpreting ss.
19.35,
85.105,
341.17,
342.09 and
343.24, 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
2nd day of August, 2007, at 10:30 AM, to consider the amendment of ch.
Trans 195, Wis. Adm. Code, relating to fees and procedures for searches and documentation of division of motor vehicle records.
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.
Analysis Prepared by the Dept. of Transportation
Statutory Authority: s.
227.11, Stats.
Explanation of Agency Authority: This is addressed in the next section, related statute or rule.
Related Statute or Rule
DMV may charge reasonable copy and search fees. These fees may not exceed DMV's actual, necessary and direct costs. Wis. Stat. s.
19.35(3). DMV is currently authorized to charge a search fee for driver and vehicle title and registration records. DMV can charge $5 for conducting a file search of vehicle registration records. Wis. Stat. s.
341.17(8) and ss.
Trans 195.04 and
195.09. DMV can charge $5 for conducting a file search of vehicle title records. Wis. Stat. s.
342.09(3) and ss.
Trans 195.04 and
195.09. DMV can charge $5 for conducting a file search of vehicle operator records. Wis. Stat. s.
343.24(2) and
(2m). DMV shall charge a copy fee of $5 for each file of uniform traffic citations or motor vehicle accidents. Wis. Stat. s.
343.24(2m). The Wisconsin Supreme Court has ruled that custodians can charge requesters for the cost of separating confidential from public information (redaction).
Osborn v. Board of Regents,
2002 WI 83,
254 Wis. 2d 266, 299-305 (2002).
DMV may contract with businesses to periodically provide information in an electronic medium from motor vehicle accidents and uniform traffic citations. Wis. Stat. ss.
85.105 and
343.24(2m).
Information in motor vehicle and driver records protected from disclosure under Wisconsin law includes:
Identification card information, Wis. Stat. s.
343.50 (8)
DMV may not disclose personal identifiers relating to driver licenses and identification cards in requests for 10 or more persons, if a person requests that this information not be disclosed. Personal identifiers may be disclosed to a law enforcement agency, state authority, or federal government agency to perform a legally authorized function; or to an insurer for insurance purposes. Wis. Stat. ss.
85.103,
343.14(2m),
343.235 and
343.51(1m).
DMV may not disclose personal identifiers relating to vehicle registrations in requests for 10 or more persons, if a person requests that this information not be disclosed. Personal identifiers may be disclosed to a law enforcement agency, state authority, or federal government agency to perform a legally authorized function; or to an insurer for insurance purposes. Wis. Stat. ss.
85.103,
341.08(1m), and
341.17(9).
DMV may not disclose personal identifiers relating to vehicle titles in requests for 10 or more persons, if a person requests that this information not be disclosed. Personal identifiers may be disclosed to a law enforcement agency, state authority, or federal government agency to perform a legally authorized function; or to an insurer for insurance purposes. Wis. Stat. ss.
85.103,
342.06(1)(i) and
341.17(9).
Section ADM 12.05(3) requires agencies to restrict and limit access to confidential records maintained in an electronic format.
Plain Language Analysis
Ch.
Trans 195 establishes fees for searches of vehicle and driver records. The provisions cover both single (individual) driver and vehicle records, and also large volumes of data that include many records, of multiple drivers or vehicles.
The amendment defines “records in bulk" to refer to more than 10 individual vehicle or driver records that are provided at one time, and distinguishes records in bulk from individual vehicle or driver license records. The amendment defines several terms relating to personal information that may not be disclosed under federal law or provisions of state law, and defines “redaction" as separating that personal information from records.
The amendment clarifies the procedure for a request to search vehicle and driver license records, eliminating obsolete, contradictory, and redundant provisions. The amendment clarifies what the fee is for search of individual vehicle or driver record, as distinct from the fee for records in bulk, which is a compilation of multiple individual records. The amendment establishes the fee for redaction or records.
The amendment adds a provision to reflect current technological ability to offer direct access to vehicle and driver license records. The provision allows DOT to provide direct access to vehicle and driver license records, under a contract developed by DOT. With certain exceptions, any person who enters such a contract must obtain a criminal history background check for any person who will have direct access to vehicle or driver license records.
Comparison with Federal Regulation
The federal Drivers Privacy Protection Act governs all State DMVs' authority to release certain personal information. This rule complies with DPPA.
Comparison with Rules in the Following States
Michigan: Michigan charges for individual record search $7; and $16/1,000 for records in bulk that are routinely generated, and $64/1000 that are custom-prepared. Charge is based on preparation plus market-based price. Michigan has statutory authority to sell records.
Minnesota: Minnesota charges for individual record search $9 if provided in paper and $5 if electronic; and $5,000 plus $850 weekly for records in bulk routinely generated. Charge is based on a reasonable fee in addition to costs of preparation. Minnesota has statutory authority to sell records.
Illinois: Illinois charges for individual record search $5 per record; and $50/1,000 for records in bulk that are routinely generated. Charge is based on costs of preparation or $50/1000, whichever is greater. Illinois has statutory authority to sell records.
Iowa: Iowa charges for individual driver record for $5.50 if provided in certified (paper) and $8.50 if electronic, and fee based on staff time and copy cost for vehicle records; and $12.09 per computer minute for certain records in bulk or $8.50 per record for certain other records in bulk. Iowa has statutory authority to sell records.
Summary of Factual Data and Analytical Methodologies
This rule making clarifies current DMV policies. No new regulatory approach is created.
Analysis to Determine Effect on Small Businesses
This amendment clarifies current DMV policies on fee calculation, and current contract requirement for any person who enters a contract with DOT for direct access to vehicle or driver license records. Fees are not changed by this rule making. A redaction fee would seldom be needed for record requests made by small businesses.
Effect on Small Business
This amendment will have minimal increased cost on small business. The rule requires that a business obtain a criminal background check from the Wisconsin Department of Justice for all persons who will have direct access to vehicle or driver license records. The Department of Justice currently charges a fee of $13 (request by internet) or $18 (request by mail or fax) for each criminal background check. For example, if a small business has 25 employees and 10 of those employees are proposed to have direct access to vehicle or driver license records, the small business would need to pay the Department of Justice up to $180 for criminal background checks. The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Effect
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.
Anticipated Costs Incurred by Private Sector
The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Agency Contact Person and Submission of Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing, to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or e-mail:
carson.frazier@dot.state.wi.us.
Copy of Rule on Internet
Notice of Hearing
Veterinary Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Veterinary Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
453.03, Stats., and interpreting ss.
453.062 and
453.07, Stats., the Veterinary Examining Board will hold a public hearing at the time and place indicated below to consider an order to renumber s.
VE 1.02 (1); and to create ss.
VE 1.02 (1),
7.01 (5),
7.025,
7.03 (2) (q) and
(3) (k),
7.06 (23) and
10.03 (4) (g), relating to continuing education, informed consent and recordkeeping.
Hearing Date, Time and Location
Date: August 8, 2007
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by August 10, 2007, to be included in the record of rule-making proceedings.
Analysis Prepared by Dept. of Regulation and Licensing
