(608) 266-2784
Financial Institutions — Banking
Subject
Revises Chapters
DFI-Bkg 40 to
47, relating to transition from a registration system to a license system under subch.
III of ch. 224, Stats., branch offices, and use of trade names.
Policy Analysis
The purpose of this rule is to bring these chapters into conformity with subch. III, ch.
224, Stats., as mandated and affected by
2009 Wisconsin Act 2 and the Secure and Fair Enforcement for Mortgage Licensing (“S.A.F.E.") Act of 2008 regarding the transition from a registration system to a license system for mortgage bankers, mortgage brokers, mortgage loan originators and branch offices. Primarily affected are provisions regarding terminology, and licensing requirements and procedures. The purpose of the rule is also to provide guidance for the use of trade names.
Statutory Authority
Comparison with Federal Regulations
Secure and Fair Enforcement for Mortgage Licensing (“S.A.F.E.") Act of 2008.
Entities Affected by the Rule
Mortgage bankers, mortgage brokers, and mortgage loan originators.
Estimate of Time Needed to Develop the Rule
200 hours.
Contact Information
Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705, e-mail
mark.schlei@wisconsin.gov.
Financial Institutions — Securities
Subject
Revises Chapters
DFI-Sec 1 to
5,
7 and
9, relating to making minor changes to securities administrative code sections for conformity with Wisconsin securities statutes and securities agent examination matters.
Policy Analysis
The purpose of the rule is to bring these sections into conformity with Wisconsin securities statutes which were substantially revised in 2008 with the adoption of the Uniform Securities Act of 2002. There are also several securities licensing-related rules that deal with new developments regarding securities agent examinations. Matters affected include statutory citations, definitions, exempt securities and exempt transactions, prospectus requirements, securities registration procedures and exemptions, and securities licensing procedures and requirements.
Statutory Authority
Comparison with Federal Regulations
Section 203A(b)(1)A of the Investment Advisers Act of 1940, Section 205(a)(1) of the Investment Advisers Act of 1940, and Rule 420 of the Securities Act of 1933.
Entities Affected by the Rule
Issuers of registered securities or securities exempt from registration, broker-dealers and their securities agents, investment advisers and their investment adviser representatives, federal and state securities regulatory authorities, and securities self-regulatory organizations.
Estimate of Time Needed to Develop the Rule
100 hours.
Contact Information
Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705, e-mail
mark.schlei@wisconsin.gov.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Subject
Revises Chapter
NR 10, relating to establishing alternatives to earn-a-buck hunting regulations.
Objective of the Rule
The Natural Resources Board will establish a special study committee to develop potential alternatives to earn-a-buck regulations for the 2010 deer season. Any approved alternatives will require administrative rules that modify sections of Chapter
NR 10. These rules will establish a deer hunting season framework to be used when the normal season framework is insufficient to manage the deer herd.
Policy Analysis
The department currently has a variety of deer season framework options which are designed to effectively manage the size of the herd through hunting. To address hunters' concerns with existing season options, additional options will be investigated.
Currently, under Ch.
NR 10.01 (3) (ed), Wis. Adm. Code, the department may modify the deer hunting season upon finding it is unlikely the deer population for a management unit will be reduced to within 20% of the overwinter population goal under the established hunting seasons. Modifications include; 1) issuance of special free permits for antlerless deer when licenses are purchased and additional free tags and, 2) when a third season with free tags is not likely to reduce the population to within 20% of the overwinter population goal, hunters shall harvest or tag an antlerless deer in that unit or units before they may tag a buck (earn-a-buck) and, 3) additional earn-a-buck seasons can be held. A four day antlerless deer firearm season beginning on the Thursday nearest October 15 may be held when the antlerless:antlered harvest ration from the two previous years does not equal 2 in a deer management region.
This rule will propose alternative season frameworks which may be implemented to replace earn-a-buck to achieve deer population to goals established in s.
NR 10.104.
A wide variety of groups representing hunters and landowners will be invited to participate in developing alternatives that will be hunter supported, provide effective herd control, and which can be evaluated through established benchmarks. Invited participants may include the: Conservation Congress, Wis. Farm Bureau, WI Wildlife Federation, WI Deer Hunters Association, Whitetails Unlimited, Bowhunters Association, WI County Forest Association, WI Woodland Owners Association, Quality Deer Management Association, Governor's Council on Forestry, Safari Club, and the WI Hunter's Rights Coalition. Department staff will provide active support to the NRB committee.
Statutory Authority
Comparison with Federal Regulations
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Entities Affected by the Rule
Deer affect nearly every Wisconsin resident in some way. Many of these effects are significant from a recreational, economic, and/or social perspective. A wide variety of groups and individuals will be interested in this proposed rule. Some groups include: Conservation Congress, Great Lakes Indian Fish and Wildlife Commission, Wis Farm Bureau Federation, WI Wildlife Federation, WI Deer Hunters Assn., The Nature Conservancy, Whitetails Unlimited, WI Bowhunters Assn., WI County Forest Association, WI Woodland Owners Assn., Quality Deer Management Association, Rocky Mountain Elk Foundation, WI Bear Hunters Assn., and the Sierra Club.
Estimate of Time Needed to Develop the Rule
200 hours.
Contact Information
Keith Warnke
101 S Webster Street
Madison, WI 53707
(608) 264-6023
or
Scott Loomans
101 S Webster Street
Madison, WI 53707
(608) 267-2452
Regulation and Licensing
Subject
Revises section
RL 25.02 (2), relating to the number of required educational programming hours for initial licensure as a real estate broker.
Objective of the Rule
This rule will increase the number of required educational programming hours necessary to obtain initial licensure as a real estate broker in Wisconsin from 36 hours to 72 hours.
Policy Analysis
The current rule, s.
RL 25.02 (1) (a), requires an applicant for initial broker licensure to present evidence satisfactory to the department of successful completion, within 5 years before application for a license, of the educational program in sub. (2), which has been approved in accordance with this chapter, and either satisfy the salesperson's educational requirements in s.
RL 25.03 (3) or present evidence satisfactory to the department of licensure as a salesperson.
The educational program stipulated in sub. (2) states that an approved educational program will cover a required set of topics, that if doing so in a classroom setting, would be presented in a period of no less than 36 hours. The proposed change to the rule would require an additional 36 hours of education, for a minimum of 72 hours.
The need for such a rule change is two-fold: first, it will require greater education and knowledge for those entering this profession, which will directly benefit the applicant, as well as the public in that it helps to ensure the safe and competent practice of said professionals. Second, this rule change will bring Wisconsin more in line with other jurisdictions throughout the country that have significantly higher pre-license education requirements for those seeking licensure as a real estate broker.
This rule change will have clear implications for prospective broker applicants, as well as implications on the current structure of approved educational programs for real estate training in the new and/or additional courses may need to be developed. However, pre-licensure educational training is offered on a wide scale locally and nationally, thereby reducing the significance of any impact that might result from this rule change.
Statutory Authority
Comparison with Federal Regulations
There is no existing or proposed federal regulation regarding this matter as it is a regulatory activity undertaken by individual states.
Entities Affected by the Rule
Applicants for first-time real estate broker licensure, institutions of higher education offering pre-license education courses and other course providers.
Estimate of Time Needed to Develop the Rule
150 hours.
Transportation
Subject
Revises Chapter
Trans 101, relating to the Graduated Driver License, demerit points for parking violations, and demerit points for serious traffic offenses.
Objective of the Rule
Section
Trans 101.10 administratively interprets the Graduated Driver License (GDL) retractions and extensions. The GDL allows novice drivers (ages 15
½ to 18) to gain knowledge and driving experience while under the supervision of an experienced mentor under a specified set of restrictions as they progress through the learning stages. Restrictions are extended if the driver violates these restrictions, is convicted of a moving traffic violation, or if the person's license is revoked or suspended for any reason.
For efficiency, DMV has made its demerit point regulations consistent with Graduated Driver License provisions. This also makes the law considerably easier to administer and explain to drivers. In working on one individual case that recently arose, however, DMV discovered an inconsistency between the regulations that needs to be corrected.
Currently, DMV is treating convictions for parking on a highway under ss.
346.475,
346.51 (1) and
346.52 (1) (f), Stats., as moving violations and assessing two demerit points per violation. In contrast, parking convictions under s.
346.51 (1), Stats., are not treated as moving violations and no demerit points are assessed for those violations. Parking is not a moving violation; it is the exact opposite — a violation that occurs when vehicle operation ceases. Accordingly, parking violation should not extend GDL restrictions. (See s.
343.085 (2m) (b) 1. a., Stats.)
A further ambiguity in Ch.
Trans 101 that needs to be addressed is related to offenses that occur on a highway but outside of traffic lanes. Section
Trans 101.02 (4) (d) assesses two demerit points for parking on a highway in a traffic lane. No demerit points are assessed for parking on a highway but off the roadway under s.
Trans 101.02 (5) (sm). The rule does not address parking that falls into neither category: parking on a highway, on a roadway, but outside of a traffic lane. When ch.
Trans 101 was first promulgated, there were few paved shoulders on state highways, so this inconsistency would not have been important. Today, however, such violations are not uncommon and the rule should specify the demerit point repercussions of such violations.
