Scope statements
Financial Institutions—Banking
Subject
Rule relating to responsible high cost mortgage lending.
Policy analysis
2003 Act 257 states that the department may promulgate rules for the administration of subch. II, ch.
428, Stats., regarding responsible high cost mortgage lending. This act states that such rules shall include guidelines for determining a customer's ability to repay a covered loan based upon the customer's debt-to-income ratio. The objective of the rule is to respond to the promulgation authority and requirements of
2003 Act 257. The rule discusses certain definitions, provides guidelines regarding prohibitions on and requirements of lenders and assignees, sets forth criteria regarding disclosures to customers, and includes guidelines for determining a customer's ability to repay a covered loan based upon the customer's debt-to-income ratio.
Statutory authority
Staff time required
500 hours.
Federal regulation addressing the activities
Health and Family Services
Subject
The Wisconsin Department of Health and Family Services proposes to create ch.
HFS 148, relating to cancer drug repository programs.
Policy analysis
2003 Wisconsin Act 175 created s.
255.055, Stats., which requires the Department to establish and maintain a cancer drug repository program by July 1, 2005. The intent of the legislation is to reduce the financial burden that cancer drugs and supplies needed to administer cancer drugs have on patients with cancer. The legislation allows individuals to donate cancer drugs or supplies that meet specific requirements to the repository. Those drugs will then be dispensed to eligible persons with cancer. In doing so, the program will eliminate the potential waste of cancer drugs and supplies due to changes in physician orders or patient death.
2003 Wisconsin Act 175 requires the Department to promulgate rules for the program. The proposed rules will do all of the following:
• establish a list of cancer drugs and supplies that the cancer drug repository program will accept and not accept for dispensing;
• establish eligibility requirements and standards and procedures for medical facilities' and pharmacies' accepting, storing and dispensing drugs and supplies;
• establish criteria for and the means of identifying individuals who are eligible to receive donated cancer drugs or supplies;
• establish the limit of the handling fee that medical facilities and pharmacies may charge for accepting, distributing or dispensing donated drugs or supplies; and
• establish the forms to be used to record the donation and dispersal of drugs and supplies.
Pursuant to section
2 of
2003 Wisconsin Act 175, the department is required to submit in proposed form the required rules to the Legislative Council Clearinghouse under s.
227.15 (1), Stats., by January 1, 2005.
Statutory authority
Staff time required
The Department estimates it will take 100 hours of staff time to draft the rules. An advisory committee will provide opportunities for consumer, advocate and provider input to the drafting process.
Comparison to federal regulations
The proposed rules are affected by
21 CFR 200-
299,
21 CFR 1300-
1302, and
21 CFR 1304-
1308. These regulations constitute the Food and Drug Administration (FDA) and Drug Enforcement Agency (DEA) regulations that will affect the type of medications that can to be donated to the cancer drug repository.
Natural Resources
Subject
Rule affecting Ch.
NR 10 pertaining to the modification of Deer Management Unit (DMU) population goals and boundaries.
Policy analysis
Wisconsin Deer herds are managed separately in 135 DMUs. These units generally have recognizable boundaries, are large enough for herd monitoring, and encompass areas of similar land use. Population goals are prescribed for each management unit. These goals describe the number of deer per square mile of deer range during winter. Deer population goals are based on considerations of ecological, social, economic, and management capability issues. They are formed following considerable public input on all of these issues. Therefore, deer population goal decisions reflect the Ecosystem Management Model adopted by the Natural Resources Board, where socio-economic, ecological and institutional factors are all weighted together.
Deer unit boundaries and goals are reviewed every 3 years according to the Wis. Adm. Code (s.
NR 10.104 (3)) requirements and Voigt case (Chippewa treaty rights) stipulations. However, given the constraints placed on agency resources due to CWD and the budget shortfall, the Department, in consultation with the Wisconsin Conservation Congress and Great Lakes Indian Fish and Wildlife Commission (GLIFWC) recommended a limited unit review in 2004.
The Conservation Congress, GLIFWC, and the Department determined which DMUs were selected for goal or boundary changes. The Department has evaluated the need for deer population goal reviews based on the following criteria: 1) Intolerable level of agricultural damage when at goal; 2) Ability for of hunters to harvest enough deer to keep the population at the goal level; 3) Hunter demand for antlerless permits; 4) Vehicle-deer accident rate; and 5) Hunter buck harvest success rate.
Statutory authority
Staff time required
Approximately 263 hours will be needed by the department.
Comparison to federal regulations
Provided state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of Federal statutes and regulations, the regulation of hunting and trapping of native species has been delegated to state fish and wildlife agencies. None of the proposed rules exceed the authorities granted the states in
50 CFR 10.
Entities affected by the rule
Deer affect nearly every Wisconsin citizen's life in some way. Many of these effects are significant from a recreational, economic, and/or social perspective. We expect controversy with Department recommendations for deer management unit goals, because no one goal can satisfy the concerns of all stakeholders. We particularly expect dissatisfaction from the hunting community and farming community in some units as some goals will not keep deer herds as abundant as hunters would like and others will not go far enough to address the concerns of farmers experiencing crop damage. We also expect controversy where Department recommendations are not identical to those developed by people attending the local hearings. In addition, controversy is expected where the department is not recommending unit boundary modifications preferred by those attending the hearings.
Transportation
Subject
Rule will amend ch.
Trans 28 by expanding eligibility for Harbor Assistance Program (HAP) grants to private owners of harbor facilities.
Policy analysis
2003 Wisconsin Act 208 expands the eligibility for program grants to private owners of harbor facilities. Section
85.095 (1) (a), Stats., was amended to define eligible applicant for a HAP grant to include a person who owns a harbor facility. Section
85.095 (5), Stats., was created to cause private owners of harbor facilities that receive HAP grants to hold the facilities benefiting from the grant open to public access for at least 10 years. This rule making will bring ch.
Trans 28 into compliance with the statutory changes.
Statutory authority
Staff time required
Approximately 160 hours.
Comparison to federal regulations
None.
Transportation
Subject
