Chapter Trans 128

Trans 128.13(1) (1) General. In accordance with s. 85.13, Stats., the department shall charge the cost of the development and operation of the traffic violation and registration program to all participating local units of government or other authorities based on the number of cases processed on their behalf.

Trans 128.13(2) (2) Development cost amortization.

Trans 128.13(2)(a) (a) The cost of development of systems for the traffic violation and registration program shall be amortized over the 4-year period following implementation of those systems.

Trans 128.13(2)(b) (b) The cost of enhancements, improvements or additional development of the system shall be amortized over the 4-year period following the implementation of such enhancements, improvements or additional development.

Trans 128.13(3) (3) Rate of payment.

Trans 128.13(3)(a) (a) The department shall establish the rate of payment required for each TVRP case submitted by a suspending authority based on the following factors:

Trans 128.13(3)(a)1. 1. The estimated annual volume of cases that will be processed by the department as calculated under ss. Trans 128.04 (2) to (5) and 128.14 which serves as the denominator in the rate calculation equation.

Trans 128.13(3)(a)2. 2. The estimated cost of operation, including employee salaries and fringe benefits, office space, office supplies and equipment, postage, computer charges, printing and forms, the annual amount of amortized enhancement, as described in sub. (2), any deficit from prior fiscal periods, and other necessary expenses which serves as the numerator in the rate calculation equation.

Trans 128.13(3)(b) (b) The rate of payment may be recalculated from time to time to reflect the costs of the program to the department. Rate increases, if any, may be imposed only on or after the next July 1 following the recalculation.

Trans 128.13(3)(c) (c) The department shall notify all participants of the rate of payment at least 30 days prior to the effective date of the rate.

Trans 128.13(4) (4) Method of payment. Participants shall pay the department for cases processed by one of the following methods:

Trans 128.13(4)(a) (a) Payment at the time the notice of unpaid judgment is submitted by a court to the department for processing.

Trans 128.13(4)(b) (b) Payment at the time the notice of unpaid citation or unpaid towing and storage charges associated with a parking citation is submitted by an authority or delegated agency to the department for processing.

Trans 128.13(4)(c) (c) Pre–payment by establishing an account with the department against which charges shall be made at the time any of the following occur:

Trans 128.13(4)(c)1. 1. Notice of unpaid judgment is processed for the local unit of government or other authority identified by a court on the notice of unpaid judgment form.

Trans 128.13(4)(c)2. 2. Notice of unpaid citation or unpaid towing and storage charges associated with a parking citation is processed for the authority or delegated agency of the local unit of government.

Trans 128.13(4)(d) (d) Automatic debit of the participants banking account through the automated clearing house, or ACH, transaction system of the federal reserve bank.

Trans 128.13(5) (5) Accounting report. The department shall provide to each active participant a monthly report on the status of their financial account established under sub. (4) (c).

Trans 128.13(6) (6) Refunds. When a participating local unit of government or other authority has elected to pay under sub. (4) (c), and later terminates participation as provided in s. Trans 128.03, any unused balance in the account shall be refunded by the department. An authority may request a refund of an unused balance under sub. (4) (c) at any time, but must elect another means of payment as a condition of continued participation in the program.

Trans 128.13 History History: CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.

Trans 128.14 Trans 128.14 Electronic notification of unpaid judgments, citations or towing and storage charges.

Trans 128.14(1) (1) Agreement. A suspending authority may enter into an agreement with the department to provide for electronic reporting of unpaid judgments, citations, or towing and storage charges associated with a parking citation.

Trans 128.14(2) (2) Consolidated reporting. A suspending authority that has entered into an agreement under sub. (1) may report multiple unpaid judgments applicable to a single person, or multiple citations or towing and storage charges associated with a parking citation that are applicable to a single vehicle or registration number in one consolidated report, provided that the suspending authority maintains a mechanism by which persons may determine the court case number, citation number, amount due and other identifying information related to unpaid judgments, citations, or towing and storage charges associated with a parking citation by contacting the suspending authority and providing the TVRP suspension number or the registration number of any vehicle affected. A consolidated report is composed of a discrete set of unpaid judgments, citations or towing and storage charges associated with a parking citation. After submitting the report to the department, an authority may not subsequently add unpaid judgments, citations or towing and storage charges associated with a parking citation to a consolidated report TVRP case.

Trans 128.14 Note Note: This provision does not prohibit the filing of a separate TVRP suspension report that includes a debt not listed in a prior report.

Trans 128.14(3) (3) Reporting requirements. Electronic notification reports submitted under this section shall be completed in the manner directed by the department and contain all information required by the department.

Trans 128.14(4) (4) Processing. The department may reject any electronic notification that does not meet the requirements of sub. (3).

Trans 128.14(5) (5) Records. The department may remove all records of unpaid judgments, citations or towing and storage charges associated with a parking citation reported under this section from the department’s records 6 years after the date of entry into the department’s records. Nothing herein shall prohibit a suspending authority from refiling notices of unpaid judgments, citations or towing and storage charges associated with a parking citation following removal from department records if they remain unpaid. The fee required by s. Trans 128.13 shall be payable for each refiled judgment, citation or towing and storage charge associated with a parking citation.

Trans 128.14(6) (6) Notice to vehicle owner. A registration renewal notice sent to a person for a vehicle that is subject to a suspension issued following notice provided under this section shall include the TVRP suspension number for the citations, judgments or towing and storage charges associated with a parking citation for each TVRP case and the contact information for the suspending authority that filed the notice with the department. The department may include other information in the notice at its discretion.

Trans 128.14 History History: CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.

Trans 128.15 Trans 128.15 Control group testing. The department may decline to issue any notice required by this chapter, or amend a notice to exclude information otherwise required under s. Trans 128.04, for the purpose of testing the effectiveness of such notice. Any such pilot program shall be limited to a defined portion of the vehicles registered in this state. The study shall be limited to 2 years in duration, but may be extended an additional 2 years upon the introduction of legislation or administrative rules to extend the pilot to vehicles not within the scope of the pilot.

Trans 128.15 History History: CR 07-065: cr. Register December 2007 No. 624, eff. 1-1-08.