Sunday, December 6, 2009

My Hearing Testimony In Favor of the HMV Bill Dec 3 2009

Testimony - Transportation Committee Hearing Dec 3, 2009

Jeff Rowsam
Spokesperson representing
Military Vehicle Preservation Association and
Wisconsin Historic Military Vehicle owners

We wish to submit testimony IN FAVOR of ASSEMBLY BILL 592.

Good Morning,

My name is Jeff Rowsam

I live at 5432 South County Hwy P, Town of New Denmark in Brown County, Wisconsin

I’m speaking today as a historic military vehicle owner and as the spokes person on behalf of the individual members of the Military Vehicle Preservation Association (MVPA) and the Historic Military Vehicle owners groups in Wisconsin.

Our members include The Midwest Military Vehicle Association (MMVA) from Southern WI, MV collectors of the Fox Valley Region and North East Wisconsin, Antigo Area MV owners, The Chippewa Valley Military Preservation Association, LLC (CVMPA) and the Red Arrow Chapter of the MVPA from Northwestern Wisconsin. These groups represent nearly 600 owners with an estimated 1500 Historic Military Vehicles.

Our member’s, many of whom are military veterans own a wide variety of vehicles mainly Jeeps and small to medium cargo trucks. They are regularly driven to and from public events such as parades on patriotic holidays, club activities, events honoring our state veterans, and historic displays for schools and the general public. And on occasion assist in rendering final honors for a veteran’s funeral. As collector vehicles, our owners also show their vehicles at car shows and enjoy the occasional short local drive as a form of recreation.

Military “all wheel drive” trucks are known for their rugged heavy duty construction, and have been purchased by municipalities, county highway departments, farmers, loggers and utility contractors for commercial service. Today, Individual preservationists purchase and restore these vehicles after they have reached the end of their useful commercial life.

Direct sales of surplus equipment continue today thru regular Internet bid sales by Government Liquidation LLC (a federal marketing contractor) and the General Services Administration (GSA).

Vehicles in many configurations from WWII and Korea thru Vietnam and the Cold War and to Desert Storm are considered historic and are restored to their original military configuration by hobbyists for public displays.

In 2007, we saw an increasing number of applications for titles and registration of HMV’s being rejected. Some applications for former military vehicles were approved. Others were not. The rejection of applications for models that had been licensed previously has vehicle owners confused and frustrated.



Page 2 of 3

We are told that the Department of Transportation is receiving an increasing volume of applications for registration of many different vehicles, both foreign and domestic, with a wide variety of ages and designs. That has raised concern about what is suitable for safe operation on highways.

The department has indicated to us that they regularly receive applications for registration of non standard vehicles for on road use. Examples include, motorized scooters, Gators & Mules, lawn tractors, mini-bikes, go-karts, golf carts, imported race cars, mini-trucks and yes, motorized bar stools.

The DOT has placed Imported and US manufactured military surplus vehicles in the same group. The on-highway use of wheeled military vehicles is well known and these historic vehicles do have the necessary equipment to operate safely on highway and do not belong in the same category with motorized bar stools.

We know of no fatalities in Wisconsin involving privately owned HMV’s. There is no data to indicate increased rates of civilian collisions or injuries involving HMV’s and there is no public protest demanding that Historic Military Vehicles be prohibited.

Our efforts consulting with HMV owners and giving input to legislative contacts and with dialog from the DOT to gain understanding of the issue, resulted in the creation of AB 592.

We believe that the provisions of Assembly Bill 592 would create a needed definition for the preservation of Historic Military Vehicles and would solve registration issues for preservationist owners and resolve many confusing title and registration issues for DMV officials.

Keeping HMV’s under the current Collector registration rules and adding a definition for HMV’s seemed a simple solution and was first proposed by our group. Keeping HMV’s under Collector status does not provide a long term solution and does not address all the concerns of collectors or the DOT or Law Enforcement.

We considered allowing HMV’s under the Wisconsin “Antique” vehicle license rules. After an extended review of the wide range of HMV configurations including Korea, Vietnam and Desert Storm Era’s we agreed that HMV’s did not fit in the existing antique category.

Thru the legislature, the DOT and collector groups we came to agree that legislation which created a distinct and separate HMV category with a distinctive plate would allow continued use of former military vehicles in a historic role and satisfy the DOT’s concern for public safety by restricting use to a profile similar to what preservationist collectors do now. That is, to limit use of their HMV’s to a few hundred miles per year.

Unlike in-experienced vehicle owners who want to purchase a low priced heavy duty surplus truck to use without restriction for any purpose, collectors place a high value on their Historic vehicles, spend large sums to complete a restoration and recognize the limitations and safety requirements of operating specialized vintage vehicles. They operate with greater caution over limited miles to preserve their high value vehicle


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Assembly Bill 592 meets the needs of Historic Preservation and public safety by:

1) Simplifying registration for owners and the DMV by providing a single, clear MV
category.

2) It allows HMV’s to be operated with limitations.
The current wording to allow driving for “necessary testing and maintenance” meets the collectors need the occasional short local drives.

3) Eliminates the previous requirement for US MV’s to be specified age or vintage.
a. The US military does not recognize model year. Many vehicles are sold by the US government with an incorrect year or notation “date of manufacture unknown” on the documents.
b. The bill simplifies the registration process that has been difficult to the point of confrontation between owners and DMV employees
c. It retains the 25 year age requirement for imported former military vehicles which is in line with federal regulations that exempt imported vehicles from NHTSA safety requirements on vehicles more than 25 years old.

4) Creates a provision to continue to allow municipal users to own and operate
former MV’s in special applications such as rural fire fighting and emergency government, but limits the public exposure by limiting operation to their local areas.

5) The distinctive license plate allows law enforcement to distinguish privately owned
HMV’s from active military vehicles.

6) Establishes a single HMV data base to track the future safety record of HMV’s.
The DOT maintains safety statistics by license type but currently can not track HMV’s that are grouped with other collector vehicles with blue plates.

There is a large group of citizens and veterans who have a passionate interest in preserving and operating Historic Military Vehicles. They recognize that these vehicles are an important part of our nation’s proud military history and should be preserved, and used to honor veterans and educate the public.

On behalf of the many owners of Historic Military Vehicles through out Wisconsin, we respectfully submit that Assembly Bill 592 be presented to the legislature for consideration.

Thank You. For the

Respectfully, Military Vehicle Preservation Association and Wisconsin Military Vehicle Collectors

Rep Ted Zigmunts Testimony introducing the HMV bill

Testimony by Representative Ted Zigmunt Regarding AB 592
For Assembly Committee on Transportation,
December 3, 2009
Mr. Chairperson, and members of the Transportation Committee, thank-you for allowing me to
present this brief testimony on behalf of Assembly Bill 592, or as we have named it the
“Historical Military Vehicle Bill.” I would also like to thank Chairperson Steinbrink, and
Representatives Ripp, Sinicki, and Vruwink of this committee for signing-on to this important
piece of legislation.
This legislation would ensure that privately owned historic military vehicles, many of which are
owned by veterans, could still be driven in important public events like Memorial Day, Veterans
Day and Fourth of July parades.
A constituent of mine, Jeff Rowsam, brought to my attention new state regulations that would
threaten the ability of military vehicle collectors to register and drive their historic vehicles. This
is clearly an issue that is very important to many collectors like Jeff and other enthusiasts across
the state.
For private collectors, veterans and their families, the preservation, restoration, and public
display of historic military vehicles including WWII Motorcycles, Korean War Jeeps, Vietnam
and Desert Storm era cargo trucks is not just a hobby, but an obligation to share living history.
With increasing numbers of many types of off-road recreational vehicles, the Wisconsin
Department of Transportation (DOT) has taken steps to restrict the registration of “non-standard”
vehicles operating on public highways. This threatens the ability of historic military vehicle
enthusiasts to share their historic equipment with the public. This legislation would allow
historic military vehicles to be licensed similarly to other antique vehicles, allowing them in
parades and special public events.
We have worked together with Mr. Paul Nilsen of the Department of Transportation over many
months to come to an understanding that is satisfactory to all parties involved.
I ask that you hold any questions you may have until Jeff Rowsam completes his testimony. If it
pleases the chairperson and committee members I would like to introduce you to Jeff Rowsam
who has been a Military Vehicle Collector for over 30 years and currently has four restored
Historic Military Vehicles.

Testimony Given at Public Hearing Dec 3

Yesterday, Dec 3, 2009 at the Wisconsin state capitol in Madison, we presented prepared testimony on behalf of the MVPA and WI HMV owners for the HMV bill. The Wisconsin House transportation committee heard our presentation in favor of AB 592 “The Historic Military Vehicle Registration” bill.

The bill was introduced to the committee by Rep Ted Zigmunt, the bill sponsor. I presented testimony with Rep Zigmunt in favor of the bill and fielded questions from the committee. A representative from the state Dept of Transportation testified for the state in favor of the bill. The DOT thanked the HMV clubs for our cooperation in helping create the bill. They agreed that it will resolve registration issues for the state DMV and MV owners. That was a big help in our favor with the transportation committee members.

Several other MVPA members, veterans and non veterans spoke in favor and presented photos as examples of HMV’s being used in recent parades honoring veterans from Iraq and Afghanistan.

The turn out of supporters for the bill was small, being a weekday and on short notice, and we were the last item on the long committee agenda. The committee chair thanked us for providing a factual presentation and keeping to the topic.

There were about 4 people who spoke as individuals and were against the bill. The individuals testifying against the bill sighted their views that the state was infringing on their “rights” to be able to register any surplus military vehicle and be allowed to use them without restriction for any private or commercial purpose.

The MVPA provided handout packages for the committee members that included recent issues of Army Motors and Supply Line. Numerous committee members who were not familiar with HMV’s told me after the meeting that the Supply Line and Army Motors periodicals were a great help in understanding what the HMV movement is about. The magazines and photos really had a great deal of visual impact with the committee and supported our case.

Having completed the hearing, the transportation committee will consider AB592 in their next committee meeting and are expected to approve it “without amendment” which will clear it to move to a floor vote in late January.

Before the meeting we did discuss asking for an amendment to clarify and expand the “vehicle use restriction” part of the bill. Our legislators cautioned against doing that. Explaining that the more vague the restriction is, the better for HMV owners. The old phrase “be careful what you ask for” was mentioned. Asking to change the bill now we are told, could case the existing co sponsors to question the changes and withdraw support. Based on earlier input from a few MV owners, I considered asking for a change, in the end I decided not risk the bill and to keep the bill as is. I really believe the bill “as is” will meet our needs. We also confirmed that if occasional use is a problem for owners in the future, we can amend the bill later. A future amendment if needed will be easier than trying to “over guess” issues that are not likely to cause problems for owners right now.

Several HMV owners asked the DOT rep privately about the same issue following the meeting. The DOT rep also confirmed again that the “necessary maintenance and testing” wording means you can take an occasional drive with the grandkids on a summer evening just don’t use it as daily transportation.

The next step will be a similar hearing for the Senate transportation committee where we have also secured sponsorships and will introduce the same bill in the next few weeks. I’m trying to meet with the Senate sponsor next week in Green Bay.

The bill could go to the state legislature for a floor vote in the general winter session starting in late January.

Friday, November 20, 2009

Public Hearing Scheduled for December 3 in Madison

We received notification today that the draft Historic Military Vehicle (HMV) bill has been introduced into the Transportation Committee and is now officially Assembly Bill 592.

The important public hearing has been scheduled at the state capitol in Madison for December 3.

We encourage you to attend the public hearing to express your views. It’s not necessary for you to testify but it’s important that HMV collectors attend to support the bill. Please try to make plans to attend the public hearing to protect your historic military vehicle driving rights.

Here's the public hearing time and location information.

Assembly
PUBLIC HEARING
Committee on Transportation

The committee will hold a public hearing on the following items at the time specified below:

Thursday, December 3, 2009
10:15 AM
417 North (GAR Hall)
State Capitol

Assembly Bill 592
Relating to: registration of former military vehicles.
By Representatives Zigmunt, Steinbrink, Soletski, Berceau, Brooks, Clark, Colon, Danou, Davis, Hraychuck, Jorgensen, Kerkman, Kleefisch, Knodl, Lothian, Molepske Jr., Pasch, Petersen, Pope-Roberts, Ripp, Schneider, Sinicki, Strachota, Suder, Townsend, Turner, Van Roy, Vruwink, M. Williams and Ziegelbauer; cosponsored by Senators Hansen, Plale, Holperin, Hopper, A. Lasee, Taylor and Wirch.

Note: Six other bills are also included in this public hearing.

Wednesday, November 18, 2009

Transport Committee Chair Co Sponsors HMV Bill

Last week, the HMV bill gained the support of the chairman of the house transportation committee. Rep John Seinbrink has signed as a co-sponsor. Rep Ted Zigmunt is Vice Chair and the original sponsor is onboard. And the bill also has the endorsment of Rep Thomas Nelson, house majority leader.

The bill proposal has circulated for two weeks in the State Legislature and Senate to allow legislators to sign on as co sponsors. The circulation period ended Monday. The bill now has over 30 house co-sponsors and more tha 10 senators. That is a very large list and puts the bill on good footing for passage.

We expect the bill will be introduced to the transportation committee soon and a public hearing will take place in December or January. The legislature goes into its winter session in late January 2010.

Jeff

Thursday, November 5, 2009

20 Co-Sponsors have signed on to our Bill

As of today, our bill to protect all Historic Military Vehicles now has 20 co-sponsors and Senator Dave Hansen is taking an active role in promoting the bill on the senate side.

There is also a competing bill that has been introduced by Senator Jon Erpenbach which is a much less detailed bill that proposes to simply add historic military vehicles under that current collector plate rules. It lacks the specifics required to protect our hobby.

We attempted this approach early in the negotiations with the legislature and the DOT. It was found that while a seemingly simple approach, keeping the HMV’s under the collector law will not provide the protection the hobby needs in the future. Please remember that we have crafted this bill to provide protection for owning and operating all wheeled HMV’s, large and small, past current and future and that includes armor as well as thin skinned tactical vehicles.

The possibility that the legislature and the DOT would support unlimited use of any military vehicle is doubtful. We remain committed to the Zigmunt bill as the best proposal for the HMV hobby.

Thanks for your continued interest and support

Jeff

Monday, November 2, 2009

Welcome to the Wisconsin HMV Blog

Thank you for taking interest in the Wisconsin Historic Military Vehicle legislation.

As more and more people ask for information, we thought it would be best to post the information where everyone interested can view it and get updates as the process continues. A web site takes time to design and launch. The Blog was faster.

We will keep everyone updated thru this BLOG. We have posted documents about why the DOT is rejecting applications for registration, FAQ’s about the proposed BILL and the full text of the proposed legislative bill LRB-3284.

Please continue to contact your legislators and urge them support and co sponsor the BILL LRB-3284. And tell others about this important issue.

The future of the Historic Military Vehicle hobby in Wisconsin depends on YOU to quickly take action.

Thanks for checking the Blog. Stop back often for updates.

More info on DMV rejecting registration of Military Vehicles

Many people continue to ask us “Why is the state rejecting applications to register former military vehicles”

There are two documents. One is state law. The other is the agency’s registration procedure document. Under the provisions of State Statutes the following law is applied as reason for rejection.

Chapter 341.10. Grounds for refusing registration.
The department shall refuse registration of a vehicle under any of the following circumstances:

341.10(6) Paragraph 6
The vehicle is originally designed and manufactured for off-highway operation unless the vehicle meets the provisions of s.114 of the national traffic and motor vehicle safety act of 1966, as amended, except as otherwise authorized by the statutes.

Below is the internal DMV document that has been used to guide offices on various vehicle circumstances. The “do not register” military vehicle columns are highlighted.

DMV Eligibility Document


Sunday, November 1, 2009

Oct 30 2009 WI HMV Bill FAQ's

From Jeff Rowsam – Denmark WI MV owner / collector / advocate

Frequently Asked Questions (FAQ’s)
Owning and Operating Former Military Vehicles in Wisconsin

Under the Proposed BILL LRB 3284/4
“Registration of Historic Military Vehicles”

This information is the result of meetings with state legislators, attorneys, WI DOT managers and Military Vehicle organizations.

1) Why is the State Of Wisconsin no longer registering former military vehicles?

a. There has been a huge increase in the volume of applications to register “non conforming” vehicles of many types. The safety capability of these vehicles is undocumented.
b. Included in that “non conforming” category are motorized scooters, pocket bikes, Gators & commercial Mules, lawn tractors, ‘medium-speed vehicles’, mini-bikes, Barbie cars, go-karts, golf carts, race cars, Japanese mini-trucks and military surplus vehicles.
c. Existing WI statute 341.10(6) states that WI shall not register any vehicle designed for off road use or that does not comply with Federal Regulations s114. (s114 is NHTSA) (read the full text)
d. With a newly networked and computerized data system, the state is now better equipped than in the past to review vehicle applications. The DOT has begun to enforce the existing law which was not done uniformly in the past.

2) My Military Vehicle seems pretty safe, what’s the big deal?

a. There is currently no known public data base to support the safety record of former military vehicles operated in WI. Law enforcement crash reports do not separate data other than by plate type.
b. The new HMV bill would put all the MV’s in a separate category and would build a data base that can be used in the future to support a lobby effort for expanded use of HMV’s.

3) If the Army can operate on public highways, why can’t we drive the same trucks?

a. The military operates under different federal rules. The HMV’s that we propose to operate are for the most part “tactical vehicles” designed to support a combat mission.
b. A simple WWII Jeep may seem no different than a civilian SUV but any new law must cover ALL ex-military vehicles, small and large, armored and thin skin types, vintage and modern.
c. Military tactical vehicles by there mission profile make safety compromises such as non standard bumper heights, impact hazards in the operators compartment and driver visibility.

4) How come we don’t sue the State of WI for unrestricted or at least collector use?

a. The state is enforcing an existing law.
b. Owners and collectors are currently not sufficiently organized or funded to mount a legal challenge to the “off road design” definition. It would require thousands of dollars in legal fees and collectors could still loose.

5) How come the MVPA doesn’t fight this at the federal level?

a. A challenge at the federal level was considered.
b. The cost of such a challenge is astronomical.
c. With a challenge about use, the Department of Defense could change policy and require complete demil mutilization of all future vehicle sales.
d. Title and registration is a state issue.

6) Why is the proposed bill so restrictive?

a. The state DOT will compromise a total ban on HMV’s only if the safety exposure to other motorists is reduced by limiting HMV use.
b. If the legislature would enact a new statute that would keep the HMV registrations “as is” under collector or regular plates, the DOT secretary will lobby the Governor to veto such a bill.
c. The bill we have crafted to allow owners to keep driving, LRB3284/4 “Registration of Historic Military Vehicles” is the result of input from vehicle clubs, owners, legislators and the DOT.

7) What’s the difference between getting a vehicle title and getting a vehicle registration?

a. Issue of a “Title” document conveys ownership. “Registration” allows operation on public highways.
b. The proposed bill LRB3284/4 addresses registration only.
c. Most applications received by the DMV request both documents in a single transaction. The DMV has been inconsistent in issuing these documents. The DOT agrees, that with the correct supporting documents, the state must legally issue title to demonstrate ownership.
d. We are addressing the registration issue with the legislature and will address the title issue with the DOT after the registration issue.

8) Why can’t we just keep our MV’s with the same collector plate we have now?

a. Vehicle use under the current collector plate law, allows any vehicle to be used as a daily driver (except in Jan and can’t haul more than 500 lbs). That includes HMV’s such as armored cars and oversize tactical trucks which are the safety concern of the state.

9) I thought that only vehicles made after 1968 were affected?

a. In 2009 the DOT proposed an administrative rule called “Trans 123” which was intended to address the issue of all “Non Conforming” vehicles thru the administrative process. That rule, as written by the DOT pointed to the federal safety requirements of National Highway Transportation Safety Act (NHTSA) of 1966 which took effect with 1968 model vehicles.
b. Trans 123 is on hold until the current HMV legislative proposal is addressed. The proposed bill would remove HMV’s from the Trans 123 rule proposal in the future.
c. The legislative bill we propose will create a new law that takes precedence over an administrative rule. However, to create a general law, it must cover all former military vehicles. Past, present and future without regard to individual vehicle years or models.

10) What is the difference between Imported and US military vehicles?

a. Imported vehicles must comply with the NHTSA until they are 25 years old. Foreign imports more than 25 years old are exempt from federal safety regulations.
b. The requirement in the proposed HMV bill to only allow imported HMV’s over 25 years old is to synchronize with federal import law. American built HMV’s that were used by foreign governments and returned to the US may be considered “Imported”.
c. The proposed bill LRB3284/4 allows any US produced military vehicle because the actual model year is often not available and current government sales sometimes lack model year or may list vehicles with rebuild dates and not model year.
d. The state registration forms will be simplified for US built HMV’s by dropping the requirement to establish a model year.

11) What if I don’t change my registration to the new Historic Military Vehicle license plate?

a. The DOT will not issue any warning notice to existing registrations.
b. HMV owners will be allowed a reasonable amount of time after the new HMV plates are available to apply and receive them. Probably 12 months.
c. After that it is a law enforcement issue. The fine for an unregistered vehicle is a $180 citation.

12) What happens to the “collector” plates I have now?

a. Collector plates are owned by the individual and will be retained by the owner.
b. They can be used on other qualified collector vehicles you may own now or in the future with a change in collector registration application.

13) If my MV is already registered and I apply for the new license, do I have to pay another fee?

a. No, the state can not charge twice for registration of the same vehicle. HMV owners with existing registrations will be required to apply for the new Historic Military Vehicle plate. The plate will be provided at no charge.
b. Refunds for previous registrations are not provided by the DMV.

14) I don’t understand the new fees for HMV registration?

a. Since the HMV proposal has restrictions for use, the fee for future registrations will be kept low at a one time fee of $5 per vehicle. The same as the current Wisconsin Antique plate
b. The cost of development for any new “special” plate that any group proposes to the state is $11,800. This is the cost of developing new application forms, computer language and programming and implementing the change.
c. Since the HMV owners did not ask for the new plate, the bill proposal LRB3284/4 was written to have the state fund the development cost and be repay by charging an additional $25 fee on any new HMV registrations until the $11,800. cost is retired.
d. A new registration will be $5 + $25 = $30 total. The fee returns to $5 per registration after the fund is repaid the $11,800.

The information in this document is accurate at the time it was produced. Since the legislation is pending and the final bill outcome may be revised, the information presented in the FAQ’s is subject to change without notice.

Oct 28 2009 Text Of WI HMV Bill LRB-3284/4

Text of Wisconsin Legislative Bill #LRB-3284/4

2009 - 2010 LEGISLATURE
2009 BILL

1 AN ACT to amend 25.40 (1) (a) 3., 84.59 (2) (b), 341.10 (6), 341.27 (1) and 347.02
2 (5); and to create 341.10 (6m), 341.14 (4u) and 341.269 of the statutes;
3 relating to: registration of former military vehicles.

Analysis by the Legislative Reference Bureau

Under current law, an owner of a motor vehicle that is of model year 1945 or earlier may register the vehicle as an antique vehicle. Antique vehicles may be driven only for special occasions such as display and parade purposes or for necessary testing, maintenance, and storage purposes. Also under current law, the Department of transportation (DOT) must refuse registration of any vehicle that is originally designed and manufactured for off-highway operation unless the vehicle meets certain federal motor vehicle safety standards.

This bill allows former military vehicles to be registered in a manner similar to antique vehicles, with similar operating restrictions. The bill defines a former military vehicle as a vehicle, including a trailer but excluding a tracked vehicle, that was manufactured for use in any country’s military forces and is maintained to accurately represent its military design and markings, regardless of the vehicle’s size or weight. A former military vehicle may be registered as a “historic military vehicle” if it is at least 25 years old and has been imported into the United States from another country or if it has not been imported and is of any age. It is the applicant’s burden to show that a vehicle is eligible for registration as a historic military vehicle. DOT must issue for the vehicle special plates of a distinctive design that show that the vehicle is registered as a historic military vehicle. The applicant must pay a one-time $5 registration fee and there is no fee for registration renewal. In addition, the applicant must pay a $25 processing fee, to cover the initial costs of production of special plates, until DOT has recovered $11,800 for its costs of plate development. However, if the vehicle is currently registered by DOT under another registration category, the vehicle may be registered as a historic military vehicle without payment of any fee.

The bill also prohibits DOT from registering any vehicle that was manufactured for use in any country’s military forces and that does not meet federal motor vehicle safety standards. However, the bill allows DOT to register a former military vehicle as a historic military vehicle, or as a municipal or county vehicle operated in the public service, even if the vehicle was originally designed and manufactured for off-highway operation, does not meet federal motor vehicle safety standards, and was manufactured for use in a country’s military forces.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

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

1 SECTION 1. 25.40 (1) (a) 3. of the statutes, as affected by 2009 Wisconsin Act 28,

2 section 669, is amended to read:
3 25.40 (1) (a) 3. Revenues collected under ss. 341.09 (2) (d), (2m) (a) 1., (4), and
4 (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1)
5 (a) and (b), (2), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and
6 (c), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1),
7 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.269 (2) (b), 341.30 (3),
8 341.305 (3), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14, except s. 342.14
9 (1r), that are pledged to any fund created under s. 84.59 (2).

10 SECTION 2. 84.59 (2) (b) of the statutes, as affected by 2009 Wisconsin Act 28,

11 section 1927, is amended to read:
12 84.59 (2) (b) The department may, under s. 18.562, deposit in a separate and
13 distinct special fund outside the state treasury, in an account maintained by a
14 trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2),

1 (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2),
2 and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), and (5),
3 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1),
4 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.269 (2) (b), 341.30 (3), 341.305 (3),
5 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14, except s. 342.14 (1r), and
6 from any payments received with respect to agreements or ancillary arrangements
7 entered into under s. 18.55 (6) with respect to revenue obligations issued under this
8 section. The revenues deposited are the trustee’s revenues in accordance with the
9 agreement between this state and the trustee or in accordance with the resolution
10 pledging the revenues to the repayment of revenue obligations issued under this
11 section. Revenue obligations issued for the purposes specified in sub. (1) and for the
12 repayment of which revenues are deposited under this paragraph are special fund
13 obligations, as defined in s. 18.52 (7), issued for special fund programs, as defined in
14 s. 18.52 (8).

15 SECTION 3. 341.10 (6) of the statutes is amended to read:

16 341.10 (6) The vehicle is originally designed and manufactured for
17 off-highway operation unless the vehicle meets the provisions of s. 114 of the
18 national traffic and motor vehicle safety act of 1966, as amended, except as otherwise
19 authorized by the statutes. This subsection does not apply to former military
20 vehicles, as defined in s. 341.269 (1), for which the department receives an
21 application, and which are eligible, for registration under s. 341.269 or, with respect
22 to a county or municipality, under s. 341.26 (2m).

23 SECTION 4. 341.10 (6m) of the statutes is created to read:

24 341.10 (6m) The vehicle was manufactured for use in any country’s military
25 forces and does not meet federal motor vehicle safety standards. This subsection

1 does not apply to former military vehicles, as defined in s. 341.269 (1), for which the
2 department receives an application, and which are eligible, for registration under s.
3 341.269 or, with respect to a county or municipality, under s. 341.26 (2m).

4 SECTION 5. 341.14 (4u) of the statutes is created to read:

5 341.14 (4u) For historic military vehicles as specified in s. 341.269. The special
6 plate for a historic military vehicle that is a motorcycle shall be the same size as the
7 usual registration plate for a motorcycle that is not a historic military vehicle.

8 SECTION 6. 341.269 of the statutes is created to read:

9 341.269 Historic military vehicles; registration, plates, use. (1) In this
10 section, “former military vehicle” means a vehicle, including a trailer but excluding
11 a tracked vehicle, that was manufactured for use in any country’s military forces and
12 is maintained to accurately represent its military design and markings, regardless
13 of the vehicle’s size or weight.
14 (2) (a) Any resident of this state who is the owner of a former military vehicle
15 that is at least 25 years old at the time of making application for registration and has
16 been imported into the United States from another country, or that is any age and
17 has not been imported into the United States, may upon application register the
18 vehicle under this section as a historic military vehicle upon payment of the fees
19 specified in par. (b). The applicant has the burden of providing evidence satisfactory
20 to the department that the vehicle may be registered under this section, including,
21 if applicable, providing documentation demonstrating that a former military vehicle
22 which is less than 25 years old was manufactured for U.S. military forces and was
23 never imported.

1 (b) 1. Except as provided in subd. 3., the fee to register a vehicle under this
2 section is $5. Upon application, the owner may reregister the vehicle under this
3 section without the payment of any additional fee.

4 2. Except as provided in subd. 3., in addition to the fee under subd. 1., an
5 applicant for initial registration under this section shall pay a one-time processing
6 fee of $25 for the initial costs of production of the special plates under par. (c).
7 3. The department may not collect any fee under subd. 1. or 2. if, at the time
8 of application for registration under this section, the vehicle is currently registered
9 under another provision of this chapter. The department shall cease collection of the
10 fee under subd. 2. when the department has collected a total of $11,800 from either,
11 or a combination of both, of the following sources:

12 a. The fee under subd. 2.
13 b. Any gift or contribution received by the department for purposes of funding
14 the initial costs of production of the special plates under par. (c).
15 (c) The department shall furnish the owner of the vehicle registered under this
16 section with registration plates of a distinctive design in lieu of the usual registration
17 plates, and those plates shall show that the vehicle is registered as a historic military
18 vehicle. The department shall specify the design for the registration plates furnished
19 under this paragraph after consulting with a group or organization chartered in this
20 state that is interested in historic military vehicles.
21 (3) A vehicle registered under this section may only be used for special
22 occasions such as display and parade purposes, including traveling to and from such
23 events, and for necessary testing, maintenance, and storage purposes.
24 (4) A motorcycle may be registered under this section if all of the requirements
25 for registration specified in this section are satisfied.

1 (5) Unless inconsistent with this section or s. 341.10 (6), the provisions
2 applicable to other motor vehicles apply to vehicles registered under this section as
3 historic military vehicles.

4 SECTION 7. 341.27 (1) of the statutes is amended to read:

5 341.27 (1) All automobiles, other than those that may be registered under s.
6 341.26 (2), 341.265, 341.266 or, 341.268, or 341.269 or are required by s. 341.29 to be
7 registered on a calendar-year basis, shall be registered by the department according
8 to the system of registration prescribed by this section.

9 SECTION 8. 347.02 (5) of the statutes is amended to read:

10 347.02 (5) If a vehicle registered under s. 341.25 (1) (a), 341.265 or, 341.266,
11 or 341.269 has equipment which was designated by the manufacturer as optional
12 equipment in the model year the vehicle was manufactured, it is not necessary for
13 such equipment to be in operating condition unless it replaces equipment which is
14 required by law to be both present and functioning.

15 SECTION 9. Nonstatutory provisions.

16 (1) Notwithstanding section 16.42 (1) (e) of the statutes, if this subsection takes
17 effect in fiscal year 2010-11, in submitting information under section 16.42 of the
18 statutes for purposes of the 2011-13 biennial budget bill, the department of
19 transportation shall submit information concerning the appropriation under section
20 20.395 (5) (cq) of the statutes as though the total amount appropriated under section
21 20.395 (5) (cq) of the statutes for the 2010-11 fiscal year was $11,800 less than the
22 total amount that was actually appropriated under section 20.395 (5) (cq) of the
23 statutes for the 2010-11 fiscal year.

24 SECTION 10. Fiscal changes.

1 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation
2 to the department of transportation under section 20.395 (5) (cq) of the statutes, as
3 affected by the acts of 2009, the dollar amount is increased by $11,800 for the fiscal
4 year in which this subsection takes effect to increase funding for special registration
5 plates associated with historic military vehicles.

6 SECTION 11. Initial applicability.

7 (1) This act first applies to applications received by the department of
8 transportation on the effective date of this subsection.

9 SECTION 12. Effective date.

10 (1) This act takes effect on the first day of the 7th month beginning after
11 publication.
12 (END)

Oct 1 2009 Proposal To Create HMV Protection Bill

The Wisconsin DOT continues to hold the position that “non standard vehicles” are for non road use and are prohibited from being registered (licensed) by current law in Wisconsin.

The State DOT includes privately owned former military vehicles in the same category as motorized scooters, pocket bikes, Gators & Mules, lawn tractors, ‘medium-speed vehicles’, mini-bikes, Barbie cars, go-karts, golf carts, race cars, Japanese mini-trucks. And yes, motorized bar stools in the same category.

We have worked with the legislature and the DOT to create a proposed solution that will allow military vehicle owners in Wisconsin to register them for highway use. We have lobbied, listened, argued and looked at this from every angle we can think of. We have reached an agreement that the DOT will allow an exception for former military vehicles by creating a new law that will create a new category of Historic Military Vehicles with a new license plate to identify them. The law is intended to allow historic military vehicles to be owned and operated WITH RESTRICTIONS similar to current WI antique plates. Unrestricted use of former military vehicles will not be an option in the future.

The proposed bill has been drafted and reviewed and is ready to be introduced to the legislature’s transportation committee and will be circulated among legislators for co-sponsorship. After sponsorship there will be a public hearing for public comment. And then a vote in the legislature.

Before we ask you to start calling your legislators to support the bill, we are asking each military vehicle owners club to review the content one last time.
The legislative summary is attached. The entire bill is 6 pages of legal description so let me highlight the major points.

1)Bill will create a new category of “Historic Military Vehicles” in Wisconsin.

2)This is for ANY age HMV. Not just post 1968 as discussed previously. WWII, Korean and earlier Vietnam era vehicles are included.

3)A new distinctive license plate design will be issued.

4)HMV will be the ONLY option to license and operate a former Military vehicle on road in WI. If it was military this is your only option.

5)HMV law will restrict operation to public displays, parades and special events plus driving to and from events, normal testing, maintenance and storage.

6)Any former military vehicle – regardless of size or weight is allowed, except that:

a.Foreign military vehicles imported to US must be 25 years old. Connects with Federal requirements
b.US built military vehicle – any age (keeps it simple – doesn’t matter what year the SF97 or your incorrect title says it is)
i.Must show evidence with application it is US built –TM photo or reference book illustration and photo of your truck.
ii.We will have opportunity to help design the DMV application forms so they are easy to understand and complete
c.No tracked vehicles allowed on the road. That includes WWII halftracks
d.Military motorcycles included.
e.Trailer included

7)Must be maintained in an original military configuration, color and markings.

8)Municipal governments may register former MV’s for local government use. (DOT considers this limited use as well)

9)Vehicles currently registered under collector or other registration will require owner to apply for new plate. No charge for new plate. DMV will not send notice. Estimated one year for HMV owners to change over without getting a ticket.

10) The fee for new registrations will be the same at the current WI antique license plate. $5 per vehicle and it does not expire. However, the cost to create, approve, create computer program and implement a new license plate design is one time $11,800Other groups who have proposed special plates have paid for this cost in the past. There is no funding available for a new HMV plate. We are proposing that NEW registrations will be charged $5 + $25 = $30 per vehicle. The $25 per new application would go to retire the $11,800. After that is paid off, the fee per vehicle returns to $5. Individuals, foundations or clubs may also donate to reduce the amount.

The DOT knows that many former military vehicles have been registered in the past with all sorts of inconsistent and incorrect descriptions. The State of Wisconsin wants to clean up the registration problems we have all encountered in the past and make the process simple in the future.

This draft bill could be introduced in the current legislative session. If fast tracked, including hearing, vote and approval it could be signed into law by the governor in January 2010. It will take about 5 months for the DMV to implement the changes and accept applications. New plates would be available next summer.

Please cut and paste this information into s new e mail and review it with your club members. Send me your comments by Friday Oct 23rd. The proposed bill has a committee sponsor, Rep Ted Zigmunt and momentum to pass, so we want to keep it moving unless we are way off base.

I believe this is a good solution for the HMV collector. It creates a specific definition and protection for the HMV hobby. Others can advocate for unrestricted use, but this bill provides collectors about the same use as most of use operate under today with collector plates and at a lower cost. And it solves the “what is it” issue with the State of Wisconsin.

July 2009 DOT Trans 123 Notice To Collectors

July 17, 2009

ATTENTION
OWNERS OF HISTORIC MILITARY VEHICLES

THE STATE OF WISCONSIN IS PROPOSING
TO PREVENT OPERATION OF MANY
HISTORIC MILITARY VEHICLES


Here are the facts:

Since 2007 the WI Department of Transportation (DOT) has been challenged by an increasing number of applications for registrations (license plates) for a wide variety of specialty vehicles. Many of these vehicles do not meet U.S. Federal Safety Standards. This concern by the DOT includes both U.S. manufactured and imported foreign military vehicles. Examples of other vehicles include European race cars, Japanese mini trucks, off road motorcycles and many others.

The WI DOT recognizes that in the past their Division of Motor Vehicles (DMV) offices have not been consistent in their approvals of specialty vehicle registrations. Some vehicles were registered that do not meet federal safety standards. Other applications for the same type of vehicles were denied.

The WI DOT is proposing to issue an administrative rule to create a new law called TRANS 123 in the WI Administrative Code. If adopted the rule becomes state law. The proposal to create TRANS 123 seeks to define the agency’s authority to prohibit registration of what are termed NON-CONFORMING VEHICLES.

A public hearing to receive public comments on the proposed rule is scheduled for Wednesday, July 29th in Room 254 of the Hill Farms State Office Building, 4802 Sheboygan Avenue, Madison.

The proposed rule and details of the hearing are available at http://apps.dhfs.state.wi.us/admrules/public/Rmo?nRmoId=4183

Anyone can attend and may speak at the hearing. Written comments can also be submitted to the DOT. Jeff Rowsam will testify on behalf of WI Historic Military Vehicle Collectors at the hearing.

Under the proposed rule, vehicles (including former military) built after January 1968 will NOT be registered. Vehicles built after January 1968 will be considered “off road vehicles” and will not be registered unless they meet the requirements of the National Transportation Safety Act of 1966 (NHTSA). Military vehicles are build to meet a military mission and do not meet NHTSA law.

Several Wisconsin collectors have been working with the Wisconsin legislature to present your collector interest and protect your ability to operate historic military vehicles in the future.

The first hearing on July 29th is to hear public comments on the proposed new rule. After the hearing the DOT can drop the proposal or modify the proposal and then submit it to the legislative committee that reviews and approves these administrative rules. There will be a second public hearing at that time. The legislative committee can approve, modify or reject the proposed rule based on their review. If approved it becomes law.

Other states including Florida, Ohio and Kansas have created specific laws under their collector or historic vehicle statutes that specifically identify Historic Military Vehicles (HMV’s) and allow their registration and use as collector vehicles.

WI DOT authorities have indicated they would likely not oppose a similar provision if it was introduced and approved by the WI legislature to operate HMV’s under the limits of current WI COLLECTOR plate rules.

We have contacted the legislature transportation committee Vice-chair Ted Zigmunt (D) 2nd district, to propose an HMV amendment. We received a commitment that Rep Zigmunt will sponsor a bill for collectors’ of HMV’s. Steps are being taken to write and introduce a new bill in the state legislature to create a provision to allow HMV’s to be operated under the current WI collector vehicle rules. Introduction could be as early as the fall session.

What can YOU do to continue to own and operate historic military vehicles in WI?

1)Stay informed. Register on the state website to receive updates. Register online at https://apps.dhfs.state.wi.us/admrules/public/Rmo?nRmoId=4183
2)Attend the hearings. You do not have to speak, but you should fill out a simple registration form when you arrive and indicate your position.
3)Write to the DOT with your concerns about TRANS 123.
4)Call, email and write your state legislators with your concerns about TRANS 123.
5)Call, email and write your legislators and ask them to contact Rep Ted Zigmunt’s office to help co-sponsor a bill for adding historic military vehicles to the collector vehicle laws.
6)This affects all collectors, we need everyone to voice their concerns, even if you own a vehicle made before 1968, they still need to hear from you. This is about the future of our HMV hobby.