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.
Written Comments
The public record on this proposed rule-making will be held open until close of business on Wednesday, October 11, 2000, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Bev Schwartz, Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 253, P. O. Box 7909, Madison, WI 53707-7909.
Analysis by Wis. Dept. of Transportation
Statutory authority: ss. 85.16 (1) and 227.11
Statutes interpreted: ss. 341.21 and 341.255 (4)
General Summary of Proposed Rule. In 1995, s. 341.21, Stats., was created to provide the Department of Transportation authority to contract with any person for the provision of title and registration services under chs. 341 and 342 of the Wisconsin Statutes. This rule establishes policies and procedures by which the Department will accept and review applications from persons seeking to become contractors under the automated processing partnership system or “APPS" program. The rule also establishes policies and procedures for terminating contracts under the program, fees to be charged customers and records to be retained by contractors.
Fiscal Estimate
The Department estimates that there will be minimal fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district or sewerage district, or any federally-recognized tribes or bands. For those units of government who may choose to contract with the Department to provide registration and titling services, the estimated costs of obtaining electronic access to the Department databases from a vendor will be $7 to $8 per title transaction and $3 to $5 per renewal transaction. The program standards will permit units of government to charge customers up to $17.50 for a title transaction and up to $10 for a renewal transaction. Therefore, there should be no net adverse fiscal impact on local governments who choose to participate in the APPS program, since it is assumed that fees from customers will offset costs of providing the services.
The proposed rule will have no fiscal effect independent of the fiscal impact of s. 341.21, Stats. It is estimated that there will be no net annualized fiscal impact on state funds, based on the assumption that fees received from agents under s. 341.255 (4), Stats., will offset any loss of counter service fees from citizens who obtain title and registration services from contractors under s. 341.21, Stats., rather than at DMV service counters.
Initial Regulatory Flexibility Analysis
It is expected that small businesses will be among those entities who choose to become contractors under the APPS program. The costs of obtaining electronic access to DMV databases to provide title and registration services can be more than offset by the fees which contractors are permitted to charge for title and registration processing. The Department believes that the decision of a business to seek a contract with the DMV under s. 341.21, Stats., will be based on estimated demand for the services whether the business is large or small. The requirement of a bond has been waived for motor vehicle dealers and financial institutions which are expected to make up the majority of contractors under the program. After considering the methods mentioned in s. 227.114 (2), Stats., the Department concluded that the same program standards must apply to all contractors regardless of size. To incorporate any of the methods suggested in s. 227.114 (2), Stats., would be contrary to the objectives of s. 341.21, Stats. The Department believes that many small businesses will view the APPS program as a desirable opportunity to enhance their primary business activities by offering a related customer service which will be convenient and beneficial to both the contractor and its customers.
Copies of Rule and Contact Information
Copies of the proposed rule may be obtained upon request, without cost, by writing to Bev Schwartz, Division of Motor Vehicles, Bureau of Vehicle Services, Room 253, P. O. Box 7909, Madison, WI 53707-7909, or by calling (608) 267-5253. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Administration (CR 00-80):
Ch. Adm 43 - Relating to non-municipal electric utility public benefits fees.
Administration (CR 00-81):
Ch. Adm 44 - Relating to energy conservation and efficiency and renewable resource programs.
Administration (CR 00-82):
Ch. Adm 45 - Relating to low-income assistance public benefits.
Regulation and Licensing (CR 00-97):
S. RL 86.01 (6) and ch. RL 87, Appendix I - Relating to the Uniform Standards of Professional Appraisal Practice (USPAP).
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Commerce (CR 00-38):
An order repealing and recreating ch. Comm 43, relating to anhydrous ammonia.
Effective 10-01-00.
Workforce Development (CR 99-163):
An order affecting chs. DWD 100 to 102, 110, 111, 126 to 129, 132, 135, 140 and 149, relating to a limited waiver of the work search requirement, ability to work and availability for work, and various minor changes relating to unemployment insurance.
Effective 10-01-00.
rules_published Rules Published In This Wis. Adm. Register
The following administrative rule orders have been adopted and published in the August 31, 2000 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Arts Board (CR 00-63):
An order amending s. AB 2.09 (5), relating to the distribution of arts challenge initiative incentive grant funds.
Effective 9-01-00.
Employe Trust Funds (CR 97-72):
An order affecting s. ETF 20.02, relating to rehired annuitants.
Effective 09-01-00.
Health and Family Services (CR 00-1):
An order affecting chs. HFS 82, 83, 88, 124 and 131 to 134, relating to non-expiring licenses and certification and a required annual or biennial report for certified adult family homes, licensed adult family homes, community-based residential facilities (CBRFs), hospice programs, nursing homes, home health agencies and facilities for the developmentally disabled (FDDs) and a required annual report for hospitals.
Effective 09-01-00.
Health and Family Services (CR 00-52):
An order repealing and recreating ch. HFS 12, relating to uniform procedures for caregiver background checks.
Effective 09-01-00.
Insurance, Commissioner of (CR 00-61):
An order affecting ss. Ins 17.01 (3) and 17.28 (6) and (6a), relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 2000.
Effective 09-01-00.
Natural Resources (CR 99-109):
An order affecting ch. NR 300 and ss. NR 216.45, 400.02, 405.15, 406.08, 408.09 and 411.07, relating to the fee refund or “permit guarantee" program required by s. 299.05, Stats.
Effective 09-01-00.
Revenue (CR 00-23):
An order creating s. Tax 2.32, relating to defining “gross receipts" for the recycling surcharge.
Effective 09-01-00.
Technical College System Board (CR 00-44):
An order creating ch. TCS 16, relating to grants for students.
Effective 09-01-00.
Transportation (CR 00-57):
An order affecting chs. Trans 101 to 104 and s. Trans 117.03 (3) (j), relating to the demerit point system and graduated driver license (GDL) restriction extensions.
Effective 09-01-00.
Transportation (CR 00-68):
An order amending s. Trans 131.03 (2) (b), relating to emission tests.
Effective 09-01-00.
Transportation (CR 00-69):
An order amending ss. Trans 325.02 and 326.01 and repealing ch. Trans 328, relating to motor carrier safety regulations.
Effective 09-01-00.
Transportation (CR 00-77):
An order amending s. Trans 276.07 (4), relating to allowing the operation of “double bottoms" and certain other vehicles on certain specified highways.
Effective 09-01-00.
Transportation (CR 00-85):
An order affecting ss. Trans 142.01, 142.02 and 142.07, relating to recreational vehicle (RV) dealer trade practices, facilities and records.
Effective 09-01-00.
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