CR_10-142 Amendment of Chapter Trans 132, Wisconsin Administrative Code, relating to temporary operation plates or permits.

Recognizing the burden to the counties and need to revise the financial eligibility criteria, 2009 Wisconsin Act 164 , published March 29, 2010, mandated that financial eligibility standards for public defender representation be consistent with income guidelines of Wisconsin Works (W2). To carry out these changes, Act 164 directs the Wisconsin State Public Defender Board to promulgate rules regarding the revised determination of indigency. In promulgating these rules Act 164 directs the SPD to consider the costs of effective representation for the type of case in which a person seeks representation, and to consider a person's assets in the manner described in s. 49.145 , Stats., (Wisconsin Works) when evaluating a persons ability to pay the costs of legal representation.

In order to carry out the mandates of Act 164, including the need for consistency within an agency's administrative rules, Chapter PD 6 (Payment for Legal Representation) is revised at the same time as Chapter PD 3 (Determination of Indigency).

Related statute(s) or rule(s)

None.

Plain language analysis

Tying eligibility for representation to W2 (sec. 49.145(3)(a) Stats.) increases the number of clients served by the State Public Defender Agency. The State Public Defender, pursuant to statute, collects payments from clients for legal representation. Revisions to Chapter PD 6 correspond to revisions in Chapter PD 3 .

Summary of, and comparison with, existing or proposed federal regulation

There are no existing or proposed federal regulations that address the activities of the proposed rules.

Comparison with rules in adjacent states

Iowa:

Iowa has a statewide public defender system, but no statewide collection system for recovering fees. Instead, the public defender agency notifies individual Clerks of Court of what payment is due, and the courts add this amount to the court costs.

Illinois :

Does not have a statewide public defender system. The counties bear the cost of representation. Indigency determinations and collections are made on a county by county basis.

Michigan:

Does not have a statewide public defender system. The counties bear the cost of representation. Indigency determinations and collections are made on a county by county basis.

Minnesota:

Minnesota has a statewide public defender system. Upon disposition of a case, an individual who has received public defender services shall pay the court a $75 co-payment for representation provided by a public defender, unless the co-payment is, or has been, waived by the court. This co-payment is a civil obligation and may not be made a condition of a criminal sentence. See Minn. Stat. 611.17

Summary of factual data and analytical methodologies

N/A

Analysis and supporting documents used in determination of effect on small business or in preparation of economic impact report

N/A

Effect on Small Business

None.

Fiscal Estimate

The changes to Chapter PD 6 have no fiscal impact. For the fiscal impact of Chapter PD 3 , and 2009 Wisconsin Act 164 generally, see: http://legis.wisconsin.gov/2009/data/fe/AB-
395fe.pdf .

Agency Contact Person

Questions regarding these rules may be directed to Kathy Pakes at [e-mail] or 315 N. Henry Street, 2 nd Floor, Madison, WI 53703.

Notice of Hearing

Transportation

CR 10-142

NOTICE IS HEREBY GIVEN that pursuant to sections 85.16 (1) , 341.09 and 227.11 , Stats., interpreting sections 341.04 and 341.09 , Stats., the Department of Transportation will hold a public hearing to consider the amendment of Chapter Trans 132 , Wisconsin Administrative Code, relating to temporary operation plates or permits.

Hearing Information

The Department of Transportation will hold a public hearing at the time and location below:

Date and Time:	Location:
January 6, 2011 Thursday 10:00am	Hill Farms State Transportation Building Room 254 4802 Sheboygan Ave. Madison, WI 53705

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 Rhonda Alley at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing. Accommodations such as interpreters, English translators, or materials in alternative format will, to the fullest extent possible, be made available upon a request from a person with a disability to accommodate your needs.

Copies of Proposed Rule

A copy of the rule may be obtained upon request from Rhonda Alley, Chief, Title and Registration Processing Section, Division of Motor Vehicles, Bureau of Vehicle Services, Room 253, P.O. Box 7911 Madison, WI 53707-7911. You may also contact Ms. Alley by phone at [phone] or via e-mail: [e-mail] to obtain copies of the proposed rule. Copies will also be available at the hearing.

Submittal of Written 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 Rhonda Alley, Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Alley by phone at [phone] or via e-mail: [e-mail] .

To view the proposed amendments to the rule, view the current rule, and submit written comments via e-mail/internet, you may visit the following website: http://www.dot.wisconsin.gov/library/research/law/rulenotices.htm .

Analysis Prepared by the Department of Transportation

Statute(s) interpreted

Sections 341.04 and 341.09 , Stats.

Statutory authority

Sections 85.16 (1) , 227.11 and 341.09 , Stats.

Explanation of agency authority

The Department of Transportation is authorized and required to issue temporary operation plates for motor vehicles and to specify the size, color, design, form and specification of the temporary operation plates by rule, pursuant to s. 341.09 , Stats. This rule is proposed to meet those requirements.

Related statute(s) or rule(s)

Sections 340.01 , 341.04 , 341.12 , 341.13 , 341.15 , Stats., and chs Trans 128 and 141.

Plain language analysis

Chapter Trans 132 specifies the size, color, design, form and specifications, and display of temporary operation plates that DOT is authorized to issue under s. 341.09 , Stats.

The Division of Motor Vehicles (DMV) is developing an on-line program which will allow the public to apply for title and registration for certain vehicles electronically. To comply with s. 341.04 (1) , Stats., DMV will issue a temporary operation plate that the on-line program will print on paper at the applicant's printer and which shall be displayed in the rear window of the vehicle. The temporary plate number, vehicle description, expiration date, and owner information will be stored in the DMV database and will be available to law enforcement, real time and on-line.

This rule making amends ch. Trans 132 to specify size, color, design, form and specifications, and display of temporary operation plates that DOT will issue electronically as part of the on-line web application for electronic vehicle title and registration provided by the Department.

Summary of, and comparison with, existing or proposed federal regulation

No federal regulations apply to the activities to be regulated by the proposed rule.

Comparison with rules in adjacent states

Michigan:

Michigan does not issue temporary operation plates printed on paper at an applicant's printer and displayed in the rear window of the vehicle.

Minnesota:

Minnesota issues temporary operation permits printed on paper and affixed in the rear window. The temporary operation permit is not printed at an applicant's printer; instead, it is purchased from the DMV.

Illinois:

Illinois does not issue temporary operation plates printed on paper at an applicant's printer and displayed in the rear window of the vehicle.

Iowa:

Iowa issues a temporary "in-transit" permit that is displayed in the rear window of the vehicle. The permit is not printed at an applicant's printer; instead it is purchased in advance from the DMV and is available to dealers rather than individuals.

Summary of factual data and analytical methodologies

With an on-line title and registration process, DMV must be able to issue a temporary operation plate immediately to a person after the person completes the on-line process. This is to comply with s. 341.04 (1) , Stats. Otherwise, the registrant must refrain from operating the vehicle until the metal plate arrives.

DMV has considered alternative ways to immediately provide a temporary operation plate to on-line title and registration customers. DMV has concluded that a temporary operation plate printed on paper at the customer's printer and displayed in the rear window of the vehicle meets the requirement under s. 341.04 , Stats. Since the temporary operation plate number and vehicle and owner identifying information will be available real-time on-line to law enforcement, DMV has concluded that the risk of fraud or counterfeiting is minimized.

Analysis and supporting documents used in determination of effect on small business or in preparation of economic impact report

DMV is migrating toward as many applications as feasible to be conducted electronically, which will reduce time and cost burden to small businesses as well as individuals. Currently, any vehicle purchased through a Wisconsin-licensed motor vehicle dealer will be processed electronically by the dealer. DMV is developing a web-based electronic title and registration process for "private" — non-dealer — sales. DMV will offer this option for automobiles and light trucks (8,000 lbs or less) and motorcycles, which comprise almost 94% of all vehicles in Wisconsin.

Effect on Small Business

To the extent that small businesses purchase eligible vehicles through private sales, this application will have a positive effect on small businesses. The Department's Regulatory Review Coordinator may be contacted by e-mail at [e-mail] , or by calling [phone].

Fiscal Estimate

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

Rhonda Alley, Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Alley by phone at [phone] or via e-mail: [e-mail] .