Rule-Making Notices (Hearing Notices)

John Crook, City of Fitchburg

Joseph Donato, Gentex Corporation

John Eagon, American Institute of Architects, Wis. Society

Joseph Feuling, Sentra Protective Systems

Janet Harter, Eau Claire Fire Department

Chris Schoenbeck, Sprinkler Fitters Local 183

Curt Waddell, WPI Communications Systems

HVAC

Richard Lund, Plumbing-Heating-Cooling Contractors Association

Michael Mamayek, Plumbing and Mechanical Contractors of Milwaukee and SE Wisconsin

Richard Pearson, American Society of Heating, Refrigeration and Air-Conditioning Engineers, Madison Chapter

John Periard, Building Owners and Managers Association of Wisconsin

Daniel Rehbein, American Council of Engineering Companies of Wisconsin

Dan Rogers, Sheet Metal and Air-Conditioning Contractors of Wisconsin

David Stockland, Associated Builders and Contractors of Wisconsin

Harry Sulzer, League of Municipalities

Means of Egress and Accessibility

Larry Earll, Wisconsin Department of Administration

Cleo Eliason, Easter Seal Society of Wisconsin

Joseph Jurkiewicz, American Institute of Architects, Wisconsin Society

Larry Palank, Associated General Contractors of Greater Milwaukee

Richard Pomo, Wisconsin Council of the Blind

Ed Solner, American Institute of Architects, Wis. Society

Monica Sommerfeldt, Wisconsin Builders Association

David Wheaton, Wis. Building Inspectors Association

Structural

Greg Bares, Wisconsin Department of Administration

Steven Cramer, UW Madison Department of Civil and Environmental Engineering

David Hyzer, American Institute of Architects - Wisconsin

Michael Oliva, UW Madison Department of Civil and Environmental Engineering

John Rave, Associated Builders and Contractors of Wisconsin

Robert Schumacher, American Society of Civil Engineers

Alan Wagner, American Society of Civil Engineers

Michael West, American Society of Civil Engineers

Comm 14 – Fire Prevention Council

John Ashley, Wisconsin Association of School Boards

Gregg Cleveland, Wisconsin State Fire Chiefs Association

Marty King, Professional Fire Fighters of Wisconsin

Dave Lind, Wisconsin Fire Inspectors Association

John Periard, Building Owners and Managers Association

Jim Stormer, Wis. State Fire Fighter's Association Inc.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail], or at telephone [phone] or [phone] (TTY). Copies will also be available at the public hearing.

Environmental Analysis

Notice is hereby given that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:

Initial Regulatory Flexibility Analysis

1. Types of small businesses that will be affected by the rules.

The requirements of the Fire Prevention Code and the Commercial Building Code impact all businesses, regardless of size, utilizing public buildings and places of employment in Wisconsin. The codes impact a variety of businesses, including small businesses, particularly those businesses that design, build, or maintain commercial buildings; provide or produce building materials or components; own commercial buildings; or occupy commercial buildings. It is indeterminable how many small businesses may be impacted by the rules in some manner.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

The proposed rule revisions do not substantially modify the current administrative requirements of the Fire Prevention Code or the Commercial Building Code. Therefore, this type of impact on small businesses will not substantially change.

3. Types of professional skills necessary for compliance with the rules.

The codes establish numerous technical standards that are to be adhered to when designing, constructing, using, operating or maintaining a commercial building in order to protect public health, safety and welfare. The design, construction and maintenance of public buildings and places of employment typically necessitate building owners to acquire the services of architects, engineers, designers and various tradesmen, including plumbers, electricians, sheet metal workers, carpenters, sprinkler fitters and contractors.

4. Rules have a significant economic impact on small businesses.

No. Rules not submitted to Small Business Regulatory Review Board

Fiscal Estimate

The proposed rules will not have a significant effect on the private sector.

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Notice of Hearing

Financial Institutions - Banking

[CR 06-124]

NOTICE IS HEREBY GIVEN That pursuant to ss. 220.02 (2) and (3), and 227.11 (2), Stats., and interpreting 138.10 (15), Stats., the Department of Financial Institutions, Division of Banking will hold a public hearing at the Department of Financial Institutions, 345 W. Washington Avenue, 5th Floor, in the city of Madison, Wisconsin, on the 13th day of December, 2006, at 1:30 p.m. to consider a rule to repeal and recreate ch. DFI—Bkg 77, relating to any person licensed under s. 138.09, Stats., and operating as a pawnbroker.

Analysis Prepared by the Department of Financial Institutions, Division of Banking

The objective of the rule is to repeal and recreate ch. DFI—Bkg 77. Currently ch. DFI—Bkg 77, relates to the “Consumer Credit Review Board." However, this chapter is no longer necessary and should be repealed because this board was legislatively abolished. Currently pawnbrokers are subject to regulation under s. 138.10, Stats. However, 2005 Wisconsin Act 158 provides that, effective October 1, 2006, if a pawnbroker registers as a licensed lender under s. 138.09, Stats., the pawnbroker is exempt from the requirements of s. 138.10, Stats. The purpose of this rule is to set forth, in the recreated ch. DFI—Bkg 77, matters pertaining to the regulation of pawnbrokers, including definitions, hours and days of operation, holding periods, law enforcement requests and orders, notice of sales, effect of nonredemption, agreements and extensions, prohibited practices, and lost or damaged goods.

Fiscal Estimate

The rule's requirements place no additional duties or burdens on state or local government, and hence has no affect on costs to either.

Contact Person

To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, or for questions regarding the agency's internal processing of the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. [phone]. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institution's website, www.wdfi.org. Written comments regarding the proposed rule may also be submitted via the department's website contact page, e-mail the secretary. Written comments must be received by the conclusion of the department's hearing regarding the proposed rule. For substantive questions on the rule, contact Michael J. Mach, Administrator, Department of Financial Institutions, Division of Banking, P.O. Box 7876, Madison, WI 53707-7876, tel. [phone].

Notice of Hearing

Financial Institutions - Banking

[CR 06-123]

NOTICE IS HEREBY GIVEN That pursuant to ss. 426.104 (1) (e) and 227.11 (2), Stats., and interpreting s. 425.206 (1) (d), Stats., the Department of Financial Institutions, Office of Consumer Affairs will hold a public hearing at the Department of Financial Institutions, 345 W. Washington Avenue in the city of Madison, Wisconsin, on the 13th day of December, 2006, at 10:00 a.m. to consider a rule to amend s. DFI—Bkg 80.68, relating to nonjudicial enforcement and surrender of collateral.

Analysis Prepared by the Department of Financial Institutions, Office of Consumer Affairs

The objective of the rule is to amend s. DFI—Bkg 80.86. The purpose of this rule is to bring s. DFI—Bkg 80.68 into conformity with newly created s. 425.206 (1) (d), Stats. Under the current s. DFI—Bkg 80.68, where a merchant request or demands the return of collateral, after providing the customer with notice of default and opportunity to cure as required by s. 425.105, Stats., a release of the collateral by the customer is not a surrender under ss. 425.204 (3) and 425.206 (1), Stats., if the merchant fails to provide a notice to the customer which clearly informs the customer of the right to a hearing on the issue of default before any repossession. 2005 Wisconsin Act 255, s. 8 created s. 425.206 (1) (d), Stats. This statute section provides that notwithstanding any other provision of law, no merchant may take possession of collateral or goods subject to a consumer lease in this state except when, for motor vehicle collateral or goods subject to a motor vehicle consumer lease, the customer has not made a demand as specified in s. 425.205 (1g) (a) 3., Stats., and, no sooner than 15 days after the merchant gives the notice specified in s. 425.205 (1g) (a), Stats., the merchant has taken possession of the collateral or goods in accordance with s. 425.206 (2), Stats. The rule amends s. DFI—Bkg 80.68 to incorporate the provisions of s. 425.206 (1) (d), Stats. The rule provides that where a merchant requests or demands the return of collateral, after providing the customer with notice of default and opportunity to cure as required by s. 425.105, Stats., a release of the collateral by the customer is not a surrender under ss. 425.204 (3) and 425.206 (1), Stats., if the merchant fails to provide a notice to the customer which clearly informs the customer of the right to a hearing on the issue of default before any repossession unless the creditor has perfected its right to repossession under s. 425.206 (1) (d), Stats.

Fiscal Estimate

The rule places no additional duties or burdens on state or local government, and hence has no affect on costs to either.

Contact Person

To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, or for questions regarding the agency's internal processing of the proposed rule, contact Mark Schlei, Deputy General Counsel, Dept. of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. [phone]. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institution's website, www.wdfi.org. Written comments regarding the proposed rule may also be submitted via the department's website contact page, e-mail the secretary. Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.

For substantive questions on the rule, contact Paul Egide, Director, Department of Financial Institutions, Office of Consumer Affairs, P.O. Box 8041, Madison, WI 53708-8041, tel. [phone].

Notice of Hearing

Financial Institutions - Corporate and Consumer Affairs

[CR 06-122]

NOTICE IS HEREBY GIVEN That pursuant to ss. 227.11 (2) and 409.526 (1), Stats., and interpreting s. 409.519, Stats., the Department of Financial Institutions, Division of Corporate and Consumer Services will hold a public hearing at Wisconsin Department of Financial Institutions, Office of the Secretary, 345 W. Washington Avenue, 5th Floor in the city of Madison, Wisconsin, on the 13th day of December, 2006, at 9:00 a.m. to consider a rule to repeal and recreate s. DFI—CCS 5.04 relating to UCC search requests.

Analysis Prepared by Dept. of Financial Institutions, Division of Corporate and Consumer Affairs

The objective of the rule is to repeal and recreate s. DFI—CCS 5.04. Under current law, in creating search results for records of UCC documents filed with the department, certain standardized search logic is applied to the name presented to the filing office by the person requesting the search. The purpose of this rule is to set forth, in recreated s. DFI—CCS 5.04, revised standardized search logic. Under the proposed rule, the standardized search logic set forth more accurately reflects the methodology used.

Fiscal Estimate

The rule places no additional duties or burdens on state or local government, and hence has no affect on costs to either.

Contact Person

To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, or for questions regarding the agency's internal processing of the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. [phone]. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institution's website, www.wdfi.org. Written comments regarding the proposed rule may also be submitted via the department's website contact page, e-mail the secretary. Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.

For substantive questions on the rule, contact Ray Allen, Deputy Administrator, Department of Financial Institutions, Division of Corporate and Consumer Affairs, P.O. Box 7847, Madison, WI 53708-7847, tel. [phone].

Notice of Hearing