A person who tows and stores a motor vehicle at the request of a law enforcement officer shall have a lien on the motor vehicle for the value of the storage and towing and the right to retain possession of the motor vehicle until the lien is lawfully discharged. An impounded vehicle is eligible for disposal or sale 15 days after notice to the owner, if the vehicle is determined to be an abandoned vehicle. An unauthorized vehicle impounded by the city of Minneapolis or by the city of St. Paul is eligible for disposal or sale 15 days after notice is sent by certified mail, return receipt requested, to the registered owner, if any, of the unauthorized vehicle and to all readily identifiable lienholders of record. If, before the expiration of the 15-day period following notice of taking, the registered owner or lienholder of record delivers to the impound lot operator a written statement of intent to reclaim the vehicle, the vehicle is not eligible for disposal or sale until 45 days after the notice of taking, if the owner or lienholder has not reclaimed. If an unauthorized vehicle is impounded, other than by the city of Minneapolis or the city of St. Paul, the impounded vehicle is eligible for disposal or sale the earlier of 45 days after notice to the owner; or the date of a voluntary written title transfer by the registered owner to the impound lot operator. A voluntary written title transfer constitutes a waiver by the registered owner of any right, title, and interest in the vehicle.
For vehicles impounded by units of government and peace officers, the entity taking the vehicle into custody must give written notice of the taking within five days, excluding Saturdays, Sundays, and legal holidays, to the registered vehicle owner and any lienholders. The notice must:
• Set forth the date and place of the taking;
Provide the year, make, model, and serial number of the impounded motor vehicle, if such information can be reasonably obtained, and the place where the vehicle is being held;
Inform the owner and any lienholders of their right to reclaim the vehicle
State that failure of the owner or lienholders to:
Exercise their right to reclaim the vehicle within the appropriate time allowed under and under the appropriate conditions constitutes a waiver by them of all right, title, and interest in the vehicle and a consent to the transfer of title to and disposal or sale of the vehicle
Exercise their right to reclaim the contents of the vehicle within the appropriate time allowed and under the appropriate conditions, constitutes a waiver by them of all right, title, and interest in the contents and consent to sell or dispose of the; and
State that a vehicle owner who provides to the impound lot operator documentation from a government or nonprofit agency or legal aid office that the owner is homeless, receives relief based on need, or is eligible for legal aid services, has the unencumbered right to retrieve any and all contents without charge.
The notice shall be sent by mail to the registered owner, if any, of an impounded vehicle and to all readily identifiable lienholders of record. This information must be made available to impound lot operators for notification purposes. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lienholders, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was towed from or abandoned. Published notices may be grouped together for convenience and economy. If an unauthorized vehicle remains unclaimed after 30 days from the date the notice was sent, a second notice must be sent by certified mail, return receipt requested, to the registered owner, if any, of the unauthorized vehicle and to all readily identifiable lienholders of record.
The owner or any lienholder of an impounded vehicle shall have a right to reclaim such vehicle from the unit of government or impound lot operator taking it into custody upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 or 45 days, after the date of the notice. Nothing impairs any lien of a garagekeeper, or the right of a lienholder to foreclose.
Summary of the factual data and analytical methodologies that the agency used in support of the proposed rule and how any related findings support the regulatory approach chosen for the rule
The proposed rule was drafted with input from towing services, governmental entities, and the Wisconsin Housing Alliance. The schedule of charges was based on a recommendation from the City of Milwaukee's tow lot management. The schedule was the result of a survey of municipalities throughout the state and nation. The average total charge for tow and storage among the surveyed municipalities was $125 and the goal was to establish a schedule that would be in keeping with that average. The design and display of the required notice was largely based on existing design standards for other signage (e.g. handicapped parking signs as defined in Wis. Admin. Code ch. Trans 200
), as well as standards in other states. The guidelines for tow services to provide notice to law enforcement were based on input from law enforcement.
Analysis regarding rule's effect on small businesses
There are many towing services throughout the state and it seems likely that some would qualify as a small business under s. 227.114
, Stats. It is unknown what the impact to those businesses would be. While, this rulemaking seeks to establish a schedule of reasonable charges for removal and storage of vehicles, as detailed in the previous section, it is possible that the established charges will be more or less than the charges some small businesses currently assess.
Summary of Fiscal Estimate
The Fiscal Estimate for EmR1425
may be summarized as follows. This rule establishes: (1) reasonable charges for removal and storage of vehicles; (2) the form and manner of display of notice necessary to qualify as “properly posted"; and (3) guidelines for towing services to notify law enforcement of removal. No fund source or ch. 20
, Stats., appropriations will be affected. Thus, implementing EmR1425
will have no fiscal effect on state government. EmR1425
will impact local governments, towing services, private property owners, traffic officers, parking enforcers, and law enforcement agencies, some of which may be small businesses. However, it is unknown what the impact on small businesses will be. While the goal of the rule is to standardize practice and rates statewide, it is possible that some small businesses may charge more or less than what is established in this rule. EmR1425
was drafted with input from towing services, governmental entities, and the Wisconsin Housing Alliance. The schedule of rates is based on a survey of municipalities throughout the state and nation, where $125 was the average rate. The design and display of the required notice is based on signage requirements in other arenas, such as handicapped parking in ch. Trans 220
, Admin. Code. The law enforcement call-in procedures are based on input from law enforcement agencies. Copies of the Fiscal Estimate may be obtained at no charge from the agency contact person listed above or at https://health.wisconsin.gov/admrules/public/Home
Small Business Matters
As noted above, there are many towing services throughout the state and it seems likely that some would qualify as a small business under s. 227.114
, Stats. It is unknown what the impact to those businesses would be. While this rulemaking seeks to establish a schedule of reasonable charges for removal and storage of vehicles, as detailed in the previous section, it is possible that the established charges will be more or less than the charges some small businesses currently assess. Reporting and compliance requirements of EmR1425
include: (1) private property owners posting a conspicuous notice that contains the words “private property" and “tow-away zone"; and (2) towing services contacting the law enforcement agency with primary jurisdiction over the area where a vehicle is improperly parked and provide descriptive information about the vehicle, as well as location and contact information for the location to which the car will be towed.
The agency contact person listed above is also the small business regulatory coordinator for EmR1425
. As noted above, the Emergency Rule, Fiscal Estimate, Certification, and Letter to the Legislative Reference Bureau may be viewed at https://health.wisconsin.gov/admrules/public/Home
. Written comments may also be submitted at this internet address.
Agency Contact Person
Laura Vande Hey
State of Wisconsin Department of Transportation
Division of State Patrol
4802 Sheboygan Avenue, Room 551
Madison, Wisconsin 53705
Notice of Hearings
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Veterans Affairs in section 45.46 of the Wisconsin Statutes, the Department will hold a public hearing at the time and place shown below to consider an order to create section VA 2.07
, relating to grants to non-profit organizations. As provided in s. 227.24 (4)
of the Statutes, this hearing will also be for emergency rules that identically address this chapter VA 2.07 criteria.
Date: Wednesday, November 12, 2014
Time: 9:30 a.m.
Location: 201 W. Washington Avenue
Madison, WI 53703
Hearing impaired persons may request and interpreter for this hearing. Please make reservations for a hearing interpreter by November 5, 2014, by writing to Kathy Marschman, Wisconsin Department of Veterans Affairs, 201 W. Washington Ave., P.O. Box 7843, Madison, WI 53703; or by emailing email@example.com
; or by telephone at (608) 266-2256. This hearing facility is handicap accessible.
Copies of Proposed Rule, Fiscal Estimate, and Economic Impact Analysis
You may obtain a free copy of this hearing draft rule and related documents including the economic impact analysis by contacting the Wisconsin Department of Veterans Affairs, 201 W. Washington Ave., P.O. Box 7843, Madison, WI 53703. You may also obtain a copy by calling (608) 266-2256 or by emailing firstname.lastname@example.org
. Copies will be available at the hearing. To view the hearing draft rule online, go to: http://adminrules.wisconsin.gov
Place Where Comments are to be Submitted and Deadline for Submission
Following the public hearing, the hearing record will remain open until 4:00 p.m. on November 19, 2014
for additional written comments. Comments may be sent to the Wisconsin Department of Veterans Affairs at the address above or to Kathy Marschman, email@example.com
Analysis Prepared by the Department of Veterans Affairs
Explanation of agency authority
Section 227.10 (1)
, Stats., requires each department to promulgate as a rule each statement of general policy and each interpretation of a statute which it specifically adopts to govern its enforcement or administration of that statute. Further, (2m) requires rule promulgation before a department may implement or enforce any standard, requirement, or threshold.
Section 227.11 (2) (a)
, Stats., authorizes the department to promulgate rules interpreting the provisions of any statute enforced or administered by the department, if the department considers it necessary to effectuate the purpose of the statute.
Section 45.03 (2)
, Stats., authorizes the Secretary to promulgate rules necessary to carry out the purposes of Chapter 45
and the powers and duties conferred upon it.
Related statute or rule
This rule administers a one-time competitive grant program for the award of grants to nonprofit organizations that provide assistance to veterans or their families. Although the Department administers various grant programs to organizations and individuals, the existing rules are insufficient and inappropriate for the new grant authority. Grants provided under existing sections of Chapter VA 2
are not competitive grants as is created by this rule. The existing grants in Chapter VA 2
are awarded to individuals based on financial need and the satisfaction of certain established criteria. Grants under Chapter VA 7
are awarded in compliance with s. 45.41
, Stats., which establishes eligibility criteria and specific award levels for veterans organizations that engage in veterans claims service. Grants under Chapter VA 8
are awarded in compliance with s. 45.82
, Stats., which establishes a sliding-scale grant level to counties for improvement of service to veterans based on county population. Grants under Chapter VA 15
are awarded in compliance with s. 45.82
, Stats., which establishes criteria and a sum-certain that is equally divided between qualifying tribes or bands that apply for the grant for improvement of service to veterans. Grants under Chapter VA 16
are awarded in compliance with s. 45.83
, Stats., to counties that provide transportation to veterans; eligible counties receive a proportion of the total appropriation based on the number of miles veterans were transported during a specified 12-month period.
Plain language analysis
This rule establishes the general criteria, procedures, requirements and conditions for the award of grants to nonprofits. It allows for grant applications from any nonprofit as defined in s.108.02 (19), to provide financial assistance or other services to veterans and their dependents.
The rule provides for solicitation of applications for grants in the form of public notice. Each grant applicant will be asked to provide: (1) proof of nonprofit status; (2) information about itself; (3) description of the financial assistance or other services it provides to veterans and their dependents; and (4) description of the need for the requested funds.
Summary of and comparison with, existing or proposed federal regulations
Research revealed no completely analogous grant program within the federal government, although the federal government offers grants to nonprofit organizations that provide certain specified services to veterans or their families, or provide services to a specific segment of the veterans' community, e.g., homeless veterans. An example is the US Department of Veterans Affairs Supportive Services for Veteran Families Program that provides grants to private nonprofit organizations and consumer cooperatives who coordinate or provide support services to very low income veteran families who meet certain criteria related to housing. Program grantees are responsible for providing outreach, case management, linkages to VA benefits, and linkages to other public benefits. This federal grant program is the mechanism for delivering the USDVA's programmatic services via third-party organizations.
Conversely, the state grant program administered by this rule is intended to complement the WDVA's services by providing financial assistance to nonprofit organizations that provide services to veterans not offered by the WDVA.
Comparison with rules in adjacent states
In reviewing the statutes, rules and websites of the veterans departments of adjacent states revealed no similar grant program.
Summary of factual data and analytical methodologies
The department analyzed the grant processes of organizations experienced in the administration of competitive grants and used those processes as a foundation for the rule and application procedures.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report
There is no effect on small business. This is a voluntary grant program available only to certain nonprofit organizations.
The proposed rule changes will have no additional fiscal impact.
Effect on Small Business
The proposed rule changes will have no impact upon small businesses.
Agency Contact Person
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
Fiscal Estimate & Economic Impact Analysis
1. Type of Estimate and Analysis
2. Administrative Rule Chapter, Title and Number
VA2 - Emergency, correspondence and part-time study, retraining and tuition and fee reimbursement grants.
Grants to Nonprofit organizations.
4. Fund Sources Affected
5. Chapter 20, Stats. Appropriations Affected
20.485 (2) (tf).
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy
⍽ Local Government Units
X Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
9. Policy Problem Addressed by the Rule
Allows Nonprofits serving Veterans to apply for grant funding through WDVA
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
11. Identify the local governmental units that participated in the development of this EIA.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
There should be no fiscal impact on the Business sector, Public Utility Rate Payers, local governments or the State's economy.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Provide a benefit to nonprofit organizations that are already serving Wisconsin veterans without assistance and encourage other nonprofits to provide benefit options for Wisconsin veterans.
14. Long Range Implications of Implementing the Rule
15. Compare With Approaches Being Used by Federal Government
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
17. Contact Name
18. Contact Phone Number
This document can be made available in alternate formats to individuals with disabilities upon request.
1. Summary of Rule's Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred)
Nonprofit businesses will apply for grant funds from WDVA to help offset costs of providing services to Wisconsin veterans.
2. Summary of the data sources used to measure the Rule's impact on Small Businesses
3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses?
⍽ Less Stringent Compliance or Reporting Requirements
⍽ Less Stringent Schedules or Deadlines for Compliance or Reporting
⍽ Consolidation or Simplification of Reporting Requirements
X Establishment of performance standards in lieu of Design or Operational Standards
⍽ Exemption of Small Businesses from some or all requirements
⍽ Other, describe:
4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses
Minimum reporting standards are required without involvement in the nonprofit business operations.
5. Describe the Rule's Enforcement Provisions
The WDVA has authority to audit all grantees, see s.45.47, record-keeping and audit requirements for grant programs administered by the department.
6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form)
⍽ Yes X No