AB262: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB262,1 Section 1. 13.92 (4) (bm) of the statutes is created to read:

AB262,7,2 13.92 (4) (bm) If 2 or more rules filed under s. 227.20 or modified under s. 227.265 affect the same unit of the Wisconsin administrative code without taking cognizance of the effect thereon of the other rules and if the legislative reference bureau finds that there is no mutual inconsistency in the changes made by each such rule, the legislative reference bureau shall incorporate the changes made by each rule into the text of the unit and document the incorporation in a note to the unit. For each such incorporation, the legislative reference bureau shall include in a correction bill a provision formally validating the incorporation. Section 227.27 (2) is not affected by printing decisions made by the legislative reference bureau under this paragraph.

AB262,2 Section 2. 13.92 (4) (c) of the statutes is amended to read:

AB262,7,5 13.92 (4) (c) The legislative reference bureau may insert in the Wisconsin administrative code a note explaining any change made under par. (b) or (bm).

AB262,3 Section 3. 13.92 (4) (d) of the statutes is amended to read:

AB262,7,8 13.92 (4) (d) Sections 227.114, 227.116, 227.135, and 227.14 to 227.24 do not apply to any change made by the legislative reference bureau under par. (b) or (bm).

AB262,4 Section 4. 13.92 (4) (e) of the statutes is amended to read:

AB262,7,11 13.92 (4) (e) The legislative reference bureau shall prepare and keep on file a record of each change made under par. (b) or (bm).

AB262,5 Section 5. 13.92 (4) (f) of the statutes is amended to read:

AB262,7,14 13.92 (4) (f) The legislative reference bureau shall notify the agency involved of each change made under par. (b) or (bm).

AB262,6 Section 6. 25.40 (1) (a) 3. of the statutes is amended to read:

AB262,7,22 25.40 (1) (a) 3. Revenues collected under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), (2e), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.269 (2) (b), 341.30 (3), 341.305 (3), 341.307 (4) (a), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14 that are pledged to any fund created under s. 84.59 (2).

AB262,7 Section 7. 35.93 (3) of the statutes is amended to read:

AB262,8,12 35.93 (3) The legislative reference bureau shall compile and deliver to the department for printing copy for a register which shall contain all the rules filed under s. 227.20 or modified under s. 227.265 since the compilation of rules for the preceding issue of the register was made and those executive orders which are to be in effect for more than 90 days or an informative summary thereof. The complete register shall be compiled and published before the first day of each month and a notice section of the register shall be compiled and published before the 15th day of each month. Each issue of the register shall contain a title page with the name "Wisconsin administrative register", the number and date of the register, and a table of contents. Each page of the register shall also contain the date and number of the register of which it is a part in addition to the other necessary code titles and page numbers. The legislative reference bureau may include in the register such instructions or information as in the bureau's judgment will help the user to correctly make insertions and deletions in the code and to keep the code current.

AB262,8 Section 8. 84.59 (2) (b) of the statutes is amended to read:

AB262,9,5 84.59 (2) (b) The department may, under s. 18.562, deposit in a separate and distinct special fund outside the state treasury, in an account maintained by a trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), (2e), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.269 (2) (b), 341.30 (3), 341.305 (3), 341.307 (4) (a), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14 and from any payments received with respect to agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section. The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section. Revenue obligations issued for the purposes specified in sub. (1) and for the repayment of which revenues are deposited under this paragraph are special fund obligations, as defined in s. 18.52 (7), issued for special fund programs, as defined in s. 18.52 (8).

AB262,9 Section 9. 194.46 of the statutes is amended to read:

AB262,9,19 194.46 Amendment, suspension, or revocation of certificate, license, or permit; hearing. The department may at any time, by its order duly entered after a hearing had, upon notice to the holder of any certificate, license, or permit under this chapter and an opportunity to be heard, at which it shall be proved that the holder has willfully violated or refused to comply with any of the provisions of this chapter or s. 346.924, or any orders or rules of the department, alter, amend, suspend, or revoke the certificate, license, or permit. The department may suspend or revoke a certificate, license, or permit under this chapter if, after providing the holder thereof notice and an opportunity to be heard on the matter, the department finds that service under the certificate, license, or permit has been abandoned. A person who is aggrieved by an order of the department under this section may, within 20 30 days after the date that the order is issued, request a review of the order by the division of hearings and appeals.

AB262,10 Section 10. 227.01 (13) (intro.) of the statutes is amended to read:

AB262,9,25 227.01 (13) (intro.) "Rule" means a regulation, standard, statement of policy, or general order of general application which has the effect of law and which is issued by an agency to implement, interpret, or make specific legislation enforced or administered by the agency or to govern the organization or procedure of the agency. "Rule" includes a modification of a rule under s. 227.265. "Rule" does not include, and s. 227.10 does not apply to, any action or inaction of an agency, whether it would otherwise meet the definition under this subsection, which:

AB262,11 Section 11. 227.11 (2) (intro.) of the statutes is amended to read:

AB262,10,5 227.11 (2) (intro.) Rule-making authority is expressly conferred on an agency as follows:

AB262,12 Section 12. 227.265 of the statutes is created to read:

AB262,10,11 227.265 Repeal or modification of rules. If a bill to repeal or modify a rule is enacted, the procedures under ss. 227.114 to 227.21 and 227.26 do not apply. Instead, the legislative reference bureau shall publish the repeal or modification in the Wisconsin administrative code and register as required under s. 35.93, and the repeal or modification shall take effect as provided in s. 227.22.

AB262,13 Section 13. 227.27 (2) of the statutes is amended to read:

AB262,10,18 227.27 (2) The code shall be prima facie evidence in all courts and proceedings as provided by s. 889.01, but this does not preclude reference to or, in case of a discrepancy, control over a rule filed with the legislative reference bureau or the secretary of state under s. 227.20 or modified under s. 227.265, and the certified copy of a rule shall also and in the same degree be prima facie evidence in all courts and proceedings.

AB262,14 Section 14. 341.19 (1) (intro.) and (a) of the statutes are consolidated, renumbered 341.19 (1) and amended to read:

AB262,11,2 341.19 (1) The department shall establish a telephone call-in procedure to authorize the operation of vehicles under the quarterly registration system in s. 341.30 or consecutive monthly registration system in s. 341.305. In addition to the registration fee required under s. 341.30 or 341.305, the following fees shall be paid to the department for authorizing the operation of a vehicle under this section: (a) The, a fee shall be paid to the department of the lesser of $10 per vehicle or the actual cost of the telephone authorization per vehicle as determined by the department.

AB262,15 Section 15. 341.19 (1) (b) of the statutes is repealed.

AB262,16 Section 16. 341.19 (2) (b) of the statutes is repealed.

AB262,17 Section 17. 341.19 (2) (c) of the statutes is amended to read:

AB262,11,12 341.19 (2) (c) Telephone authorization to operate a vehicle granted before the beginning of the registration period may be canceled by the applicant before the beginning of the registration period within 36 hours after making the request for telephone authorization, and the applicant shall not be required to pay the registration fee. The applicant shall pay to the department the authorization fee under sub. (1) (a) and may be charged a cancellation fee established by the department.

AB262,18 Section 18. Trans 131.03 (11) (L) of the administrative code is repealed.

AB262,19 Section 19. Trans 131.03 (15) (c) of the administrative code is amended to read:

AB262,11,19 Trans 131.03 (15) (c) Each operator of a vehicle failing the initial inspection shall receive a list of registered recognized automotive emission repair technicians and recognized repair facilities by area which includes information required under s. Trans 131.15. This listing may include other consumer information useful in obtaining vehicle emission repair service.

AB262,20 Section 20. Trans 131.11 (3) (a) of the administrative code is renumbered Trans 131.11 (3).

AB262,21 Section 21. Trans 131.11 (3) (b) of the administrative code is repealed.

AB262,22 Section 22. Trans 131.13 (5) (a) of the administrative code is renumbered Trans 131.13 (5).

AB262,23 Section 23. Trans 131.13 (5) (b) of the administrative code is repealed.

AB262,24 Section 24. Trans 133.02 (2) of the administrative code is repealed.

AB262,25 Section 25. Trans 133.04 (1) of the administrative code is amended to read:

AB262,12,11 Trans 133.04 (1) Department service schedule. Requests for telephone authorizations will be accepted by the department between 7:30 a.m. and 4:00 p.m. Monday through Friday except on New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve Day, Christmas Day, and New Year's Eve Day, and any other holiday when state offices are closed. When any of the named holidays falls on Sunday and is celebrated on the following Monday, applications will not be accepted on the day celebrated as the holiday at any time but will be processed by the department only during the department's regular business hours.

AB262,26 Section 26. Trans 133.04 (2) (h) of the administrative code is repealed.

AB262,27 Section 27. Trans 133.05 of the administrative code is repealed.

AB262,28 Section 28. Trans 133.06 (3) of the administrative code is repealed.

AB262,29 Section 29. Trans 133.07 (1) of the administrative code is amended to read:

AB262,12,18 Trans 133.07 (1) Schedule. The department shall mail a monthly invoice to any applicant that owes telephone authorization fees, late payment fees or cancellation fees as described in s. Trans 133.06.

AB262,30 Section 30. Trans 133.08 of the administrative code is amended to read:

AB262,12,25 Trans 133.08 Cancellation of telephone authorization. A telephone authorization may be cancelled providing if the applicant requests the cancellation by telephone and the registration period for which the vehicle has been granted approval to operate has not commenced within 36 hours after making the request for telephone authorization. Cancellation fees will be assessed as described in s. Trans 133.06 (4).

AB262,31 Section 31. Trans 133.09 (3) of the administrative code is repealed.

AB262,32 Section 32. Trans 138.05 (3) of the administrative code is amended to read:

AB262,13,6 Trans 138.05 (3) Retain Maintain a copy of a properly completed, the signed wholesale auction dealer reassignment form title for each vehicle sold with a nonconforming title as required under s. Trans 154.03 (3) (d) 3., and furnish 2 copies to the purchasing dealer and one copy to the selling dealer.

AB262,33 Section 33. Trans 140.022 (2) of the administrative code is amended to read:

AB262,13,12 Trans 140.022 (2) Minimum security. A motor vehicle dealer or applicant for a motor vehicle dealer license shall provide and maintain in force a bond or letter of credit of not less than $25,000 $50,000, or if the dealer or applicant sells or proposes to sell motorcycles and not other types of motor vehicles, a bond or irrevocable letter of credit of not less than $5,000.

AB262,34 Section 34. Trans 140.07 (3) (a) of the administrative code is renumbered Trans 140.07 (3).

AB262,35 Section 35. Trans 140.07 (3) (b) of the administrative code is repealed.

AB262,36 Section 36. Trans 140.09 (2) (a) of the administrative code is amended to read:

AB262,13,18 Trans 140.09 (2) (a) The following guidelines are used in determining the acceptable level of net worth of an applicant: - See PDF for table

AB262,37 Section 37. Trans 142.07 (5) (c) of the administrative code is amended to read:

AB262,14,6 Trans 142.07 (5) (c) The original or a copy of all recreational vehicle purchase contracts, purchase orders and invoices. The records shall also include a copy of MV1 Wisconsin title and registration application forms submitted to the department as additional evidence of the sale as well as information regarding collection of sales tax and Wisconsin title and registration fees.

AB262,38 Section 38. Trans 144.01 of the administrative code is amended to read:

AB262,14,15 Trans 144.01 Purpose. This chapter describes the periods, expiration dates, and fees for licenses issued by the department under the authority found in ch. 218, Stats., to motor vehicle dealers and their salespersons; moped dealers; manufacturers, distributors, wholesalers, and their representatives; mobile home recreational vehicle dealers and their salespersons; motor vehicle auction dealers; salvage dealers; and buyer identification card holders. It also establishes the periods, expiration dates, and fees for registration plates issued to dealers, distributors, and manufacturers.

AB262,39 Section 39. Trans 144.02 (1) of the administrative code is amended to read:

AB262,14,20 Trans 144.02 (1) "Business license" means a license issued by the department under ch. 218, Stats., to a motor vehicle dealer, moped dealer, mobile home recreational vehicle dealer, motor vehicle auction dealer, motor vehicle manufacturer, distributor, wholesaler, or salvage dealer.

AB262,40 Section 40. Trans 144.04 (1) of the administrative code is amended to read:

AB262,15,2 Trans 144.04 (1) The department shall collect the fees described in the following table from applicants before issuing their licenses or registration plates. - See PDF for table

AB262,41 Section 41. Trans 144.05 of the administrative code is repealed.

AB262,42 Section 42. Trans 152.15 of the administrative code is amended to read:

AB262,16,8 Trans 152.15 Revocation. If an assessed tax or fee has not been paid when due and the person has not filed a written appeal within 30 days of the notification of action or audit finding, that tax or fee becomes delinquent. A notice of delinquency and revocation shall be sent to the last known address of the licensee or registrant advising of the immediate revocation of fuel tax licensing, IRP registration privileges, or hire operating authority and single-state insurance registration. A license may also be revoked if the licensee fails to comply with the provisions of this chapter or the provisions of the IFTA or IRP. An appealable notice of revocation shall be mailed to the licensee's or registrant's mailing address of record. If the appeal is not filed within 30 days, the revocation shall be final and conclusive. A license or registrant's licensing privileges shall remain revoked until the reason for the revocation has been removed. In addition, the department may revoke, suspend or refuse any registration, certificate or permit issued under the authority of the department upon revocation of a person's fuel tax or IRP licensing privileges.

AB262,43 Section 43. Trans 156.04 (1) (c) of the administrative code is renumbered Trans 156.04 (1) (c) 1. and amended to read:

AB262,16,19 Trans 156.04 (1) (c) 1. The Except as provided in subd. 2., the applicant shall provide a surety bond or letter of credit along with the request for appointment in a form prescribed by the DMV. The Except as provided in subd. 2., the bond or letter of credit shall be $10,000 for an agent doing renewal transactions and $25,000 for an agent doing title transactions and original registration. The bond shall indemnify the department against claims arising from the acts or omissions of agents under the contract including, but not limited to, missing or stolen license plates, stickers, and temporary certificate of registration paper stock. The requirement for a bond does not apply to units of government or to financial institutions.

AB262,44 Section 44. Trans 156.04 (1) (c) 2. of the administrative code is created to read:

AB262,16,25 Trans 156.04 (1) (c) 2. A contractor with the department under s. 110.20 (8) (am) 1., Stats., having more than 100 subcontractors, as described in s. 110.20 (8) (am) 7., Stats., that are applicants under this section may provide the surety bond or letter of credit on behalf of these applicants. The bond or letter of credit shall be $2,000 for each applicant on whose behalf the bond or letter of credit is provided.

AB262,45 Section 45. Trans 156.06 (3) of the administrative code is repealed.

AB262,46 Section 46. Trans 175.03 of the administrative code is amended to read:

AB262,17,10 Trans 175.03 Registration. Each rental company, before engaging in such business, shall file an application with the department of transportation on forms prescribed by it and secure an identifying registration number. Said registration number will be issued after such investigation as the department may deem necessary, either with or without hearing. The department, after giving applicant opportunity to be heard, may attach to such rental company registration such conditions as may be deemed necessary to accomplish the purpose of s. 194.44 (2), Stats.

AB262,47 Section 47. Trans 175.04 (4) (e) of the administrative code is amended to read:

AB262,17,17 Trans 175.04 (4) (e) Be executed in triplicate duplicate. The originals including voided copies shall be retained by the rental company and filed in numerical order, and one copy shall be retained by the renter, and one copy shall be carried on the motor vehicle specified therein during the entire period of the agreement by the renter and shall be made available for inspection immediately upon the request of any law enforcement officer.

AB262,48 Section 48. Trans 177.04 of the administrative code is amended to read:

AB262,17,22 Trans 177.04 Change of address. A person authorized as a carrier under ch. 194, Stats., shall notify the department in writing or , by telephone, or by any electronic means prescribed by the department of a change in the person's principal place of business within 30 days of the change.

AB262,49 Section 49. Trans 177.09 (4) of the administrative code is amended to read:

AB262,18,3 Trans 177.09 (4) A carrier may appeal the department's adverse determination relating to the carrier's application or authority within 20 30 days of the determination to the division of hearings and appeals.

AB262,50 Section 50. Trans 177.10 of the administrative code is repealed.

AB262,51 Section 51. Trans 196.02 (7) of the administrative code is amended to read:

AB262,18,9 Trans 196.02 (7) "Special handling" means a request by an applicant for accelerated service, fast handling, or priority service in the issuance of certificate of title or registration, including the use of a special department telephone registration service for the payment of renewal fees.

AB262,52 Section 52. Trans 196.02 (8) of the administrative code is repealed.

AB262,53 Section 53. Trans 196.04 (2) (b) of the administrative code is repealed.