Michigan and Illinois have not progressed as far as Iowa or Minnesota.
Comparison with federal regulations
There are no federal regulations proposed for electronic document recording in the local offices of the register of deeds at this time.
Summary of factual data
Surveys were conducted of most the register of deeds offices in the Midwest and phone interviews were conducted of other register/recorder/clerk's offices who are actively recording documents electronically. Laws and rules regarding electronic recording from other states were reviewed. Various experts attended council meetings and gave presentations that greatly enhanced understanding of issues and technology:
•
Mark Ladd, Technology Coordinator for the Property Records Industry Association (PRIA), shared updates on guidelines of this standard-setting organization;
•
Tim Reiniger of the National Notary Association explained his group's desire for increased education for notaries and implementation of electronic notarization;
•
Susan Churchill of the Wisconsin Secretary of State's Office explained plans to create a database of Wisconsin notaries;
•
Phil Dunshee, gave presentations on the Iowa Recorders Association's statewide portal for accessing information and recording electronic documents;
•
Marc Aronson from the US Notaries organization spoke on the National Uniform Committee's work on uniform notary law and his perspective on a range of acceptable methods for notaries;
•
Lisa Nelson and Luann Kohlmann of Associated Bank in Middleton explained electronic funds transactions that can be used to make payments for electronic recordings;
•
Bush Nielsen, counsel for the Wisconsin Land Title Association gave an interesting presentation on the importance of the prompt and proper order of recording documents;
•
Mark Saunders, deputy legal counsel and Donna Sorenson, paralegal for the Wisconsin Department of Administration, reviewed the administrative rule form, wording, process and timeline; and
•
Council administrative support provided by Amy K. Moran of the Department of Administration and Jim Pahl-Washa of the Department of Revenue.
Small Business Impact
The proposed rule will provide a clear path for recording documents electronically in Wisconsin allowing for speedier processing of conveyances. The proposed rule will have no significant economic impact on a substantial number of small businesses as defined in s.
227.114 (1), Wis. Stats.
Fiscal Estimate
State fiscal effect
This rule will provide technical standards for electronic recording of documents in the local Register of Deeds Offices in Wisconsin. It requires the Wisconsin Electronic Recording Council to identify and approve “trusted submitters," which are private entities that would be approved to record documents electronically in Wisconsin. The rule does not require any entity to record electronically. Recording fees are unchanged by the rule.
Wisconsin does not have a state-level Register of Deeds and the State would not be impacted by costs to implement electronic recording. The rule does not impact the current level of administrative support provided to the Wisconsin Electronic Recording Council by state resources or staff.
As a consumer, the State records documents with local Registers and pays recording and some copying fees. If the State elects to use electronic recording in counties which allow it, there may be some increased cost from software purchases or from trusted submitter fees. Since it is currently not known how many counties will elect to implement electronic recording, the cost to the State is indeterminate.
Local fiscal effect
The rule does not require local Registers to allow electronic recording of documents. However, if the local Register of Deeds Office chooses to allow electronic recording, it would need to purchase specific software that would enable it to receive documents for recording, indexing and returning a copy of the documents once recording is completed. There are approximately 17 large to mid-sized counties that are currently accepting certain documents for electronic recording. There are several vendors of electronic recording software, but costs for the systems vary and the cost appears to depend on the level of use.
Local Registers may also experience reduced costs as a result of electronic recording; including saving on scanning, copying and mailing costs, as well as more efficient identification and correction of errors in documents.
The fiscal impact on local units of government that choose to allow electronic recording is indeterminate. In addition, the proposed rule would not require local government entities to incur any costs since participation is voluntary.
Agency Contact Person
Donna Sorenson
Department of Administration
101 E. Wilson Street
P.O. Box 7864
Madison, WI 53707-7864
(608) 266-2887
Copies of Proposed Rules
The proposed rule may be viewed and downloaded and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. If you do not have Internet access, a copy of the proposed rule may be obtained from Donna Sorenson, Department of Administration, P.O. Box 7864, Madison, Wisconsin 53707 or by calling (608) 266-2887.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1),
101.982,
101.988 (2), and
227.24 (4) Stats., the Department of Commerce will hold a public hearing on emergency rules under Chapter
Comm 2, relating to the fees for plan review and inspection of public swimming pool and water attraction modifications and affecting small business.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
January 8, 2009
10:00 a.m.
|
Conference Room 3C
Thompson Commerce Center
201 West Washington Avenue
Madison
|
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the emergency rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on the emergency rules will remain open until January 16, 2009, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
Copies of Emergency Rule
The emergency rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Analysis Prepared by the Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
Explanation of agency authority
Chapters
101 and
145, Stats., grant the department general authority for the purpose of protecting public health, safety and welfare by establishing standards and regulatory oversight programs for the construction and maintenance of buildings, structures and dwellings, public swimming pools and water attractions. These programs are administered by the Safety and Buildings Division. Sections
101.19 and
145.26, Stats., grant the department authority to promulgate rules to fix and collect fees that reflect the cost of administering the public swimming pool and water attraction program.
Summary of proposed rules
The rules temporarily roll back the fees for plan review and inspection of modifications to public swimming pools and water attractions to those amounts charged prior to December 1, 2008. The temporary reduction is occurring in light of the implementation of the federal Virginia Graeme Baker Pool and Spa Safety Act which necessitates most existing public swimming pools and water attractions to undergo physical modifications to reduce the risk of entrapment at suction outlets. The reduction in fees reflects the department's expected costs to review and inspect modifications.
Comparison with federal regulations
An internet-based search of the code of federal regulations and the federal register did not identify any federal requirements relating to public swimming pool and water attraction plan review or inspection fees. The federal Consumer Product Safety Commission's implementation of the Virginia Graeme Baker Pool and Spa Safety Act necessitates the modification of existing pools to address entrapment at suction outlets.
Comparison with rules in adjacent states
An Internet-based search for the states of Illinois, Iowa, Michigan and Minnesota found the following:
Illinois:
No information was found indicating that Illinois regulates public swimming pools and water attractions at the state level.
Iowa:
The reconstruction plan review fee charged by the Iowa Department of Public Health is $250 for each swimming pool, spa or bathhouse altered in the reconstruction.
Michigan:
The permit fee established by the Michigan Department of Environmental Quality for a modification of an existing pool is $298.
Minnesota:
The Minnesota Department of Health's plan review and inspection fee is $400 for pool and spa alterations that do not involve alteration of the shape or size.
Summary of factual data and analytical methodologies
Implementation of the federal Virginia Graeme Baker Pool and Spa Safety Act necessitates most existing public swimming pools and water attractions to undergo physical modifications to reduce the risk of entrapment at suction outlets. The department estimates that 3,700 existing pools and water attractions will need to undergo some type of modifications. The current plan review fees reflect the estimated average time and costs to provide the service. For types of pool and attraction modifications necessary to comply with the Virginia Graeme Baker Pool and Spa Safety Act, the department believes that the time and cost to provide the service will be below the averages reflected under the fee structure of section
Comm 2.68.
Small Business Impact
The Virginia Graeme Baker Pool and Spa Safety Act has a compliance date of December 19, 2008. The department estimates approximately 80% of the existing 3,700 public swimming pools and water attractions will be able to take advantage of the reduced plan review fees. The plan review fees for pool and water attraction modifications are reduced by 33%. The reduction will save pool and water attraction owners $60 to $325 per plan submittal.
An economic impact report has not been required to be prepared.
Fiscal Estimate
Summary
The rules temporarily roll back the fees for plan review and inspection of modifications to public swimming pools and water attractions to those amounts charged prior to December 1, 2008. The department estimates approximately 80% of the existing 3,700 public swimming pools and water attractions will be able to take advantage of the reduced plan review fees. The plan review fees for pool and water attraction modifications are reduced by 33%. The reduction will save pool and water attraction owners $60 to $325 per plan submittal. The department estimates that 20% of the plan submittals, 592, will fall under the category involving department inspections and 80% of the plan submittals, 2,368, will fall under the category where the department does not conduct the inspections. Under this assumption the department will not realize $384,000 in plan review fees during the time period of the emergency rules.
State fiscal effect
Decrease existing revenues.
Local government fiscal effect
None.
Long-range fiscal implications
No long-range fiscal implications are anticipated.
Contact Information
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Notice of Hearing
Commerce
