Scope statements
Commerce
Subject
Objective of the rule. The objective of the rule is to create chapter Comm 200 in response to
2003 Wisconsin Act 145. This Act directs each agency to develop rules to disclose in advance the discretion that the agency will follow in the enforcement of rules and guidelines against a small business.
Policy analysis
a) Existing policies. The Department currently does not have any specific rules relating to enforcement against small businesses as compared to other businesses.
b) New policies. This is a new policy initiative.
c) Policy alternatives. The alternative of not creating this code chapter would result in not complying with the directive in
2003 Wisconsin Act 145.
Statutory authority
Staff time required
The Department estimates that it will take approximately 100 hours to develop this rule. This time includes drafting the rule and processing the rule through public hearings, legislative review and adoption. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.
Comparison to federal regulations
There are no existing or proposed federal regulations that address or impact the activities to be regulated by this rule.
Financial Institutions - Banking
Subject
Rules relating to mortgage bankers, mortgage brokers, loan originators and loan solicitors that may address definitions, registration, the relationship between a loan originator and either a mortgage banker or mortgage broker, the division's review of operations, record keeping requirements, continuing education and examination records, trust accounts, discipline, fee splitting, consumer mortgage brokerage agreements and consumer disclosures, penalties and private causes of action, and limitation on actions for commissions and other compensation.
Policy analysis
Chapters DFI—Bkg 40 to 43 have been affected by various acts since 1991; however, with the exception of the promulgation of ch. DFI—Bkg 41 regarding fees and registration pursuant to
1997 Act 45, these chapters have not been updated to reflect these acts and the statutory and substantive changes therein. or current industry practices. Most recently,
2003 Act 260 requires that the department, by rule, define loan solicitor, establish standards for the approval by the loan originator council of examinations in the law of mortgage banking and mortgage brokering, establish standards for the approval by the loan originator council of curricula of education and minimum number of hours, prescribe the form and content for mortgage brokerage agreements, and prescribe the form and content of consumer disclosure statements. The requirements of Act 260 have yet to appear in the code. This rule will review and update administrative code provisions as needed regarding definitions, registration, the relationship between a loan originator and either mortgage banker or mortgage broker, the division's review of operations, record keeping requirements, continuing education and examination records, trust accounts, discipline, fee splitting, consumer mortgage brokerage agreements and consumer disclosures, penalties and private causes of action, and limitation on actions for commissions and other compensation, as affected by past acts and current industry practices. Pursuant to
2003 Act 260, the rule will also set forth the definition of loan solicitor, set forth guidelines regarding the examinations, curricula and hours; and set forth criteria for the form and content of the agreements and statements.
Statutory authority
Staff time required
500 hours.
Entities affected by the rule
Mortgage bankers and mortgage brokers may be affected by the rule.
Federal regulation addressing the activities
12 USC 2607 may affect the definition of loan solicitor.
Natural Resources
Subject
Objective of the rules. The objective of the proposed rules is to establish a program to authorize and regulate fishing tournaments in Wisconsin.
Policy analysis
By rule, the Department of Natural Resources (DNR) currently requires a fishing tournament permit for contests that meet all of the following criteria: 1) The event is an organized fishing activity; 2) The event is on any water of the state, at any time; 3) Competition is the primary intent; 4) Prizes valued at $500 or more are awarded for competition; 5) Participants number more than 40 individuals or 20 boats; 6) The waters to be fished are named; and 7) Participants are required to fish the same dates. The current rules, adopted in 1994, reflect the policy that permits are an information-gathering tool to determine the extent of tournament fishing in Wisconsin. The current rules do not provide much in the way of regulation, with only a few restrictions, such as: 1) no person may sponsor a fishing tournament less than two weeks apart; 2) no tournaments may be held on the opening weekend for that species; 3) the department may specify prohibited areas to protect sensitive habitats; 4) the department may specify fish holding conditions; 5) the department may specify a tournament not be catch and release based on weather or water conditions; 6) the use of tagged fish is prohibited unless approved by the department to enhance data collection.
The department will establish an advisory committee consisting of fishing tournament sponsors, the conservation congress, sport fishing organizations, and users of lakes and streams in Wisconsin to advise the department in promulgating fishing tournament rules. Members of the advisory committee will be appointed by the Secretary. New fishing tournament rules promulgated will lead to new DNR policies. These new policies will lead toward more DNR regulation of fishing tournaments. The department, with input from a tournament advisory committee, may propose: 1) rules governing the circumstances in which a waiver of a permit can be granted; 2) rules establishing of a training or educational program for tournament sponsors; 3) rules that control crowding, prevent unsafe conditions or prevent conflicts among water users (i.e. boat launches or on the water); 4) rules that prevent waste of a natural resource; 5) rules that protect water bodies, fish and other aquatic resources; 6) rules that specify the number of tournaments that may be held on a water body and how often they may be held; 7) rules that specify the locations where tournaments may or may not be held; 8) rules that specify the fish species that may be targeted, bag and size limits for fish caught in fishing tournaments; 9) rules governing the time of year when tournaments may be held; 10) rules that specify the qualities of waters where tournaments may be held; 11) rule that specify reporting requirements; and 12) rules that establish fees for fishing tournament permits. The department will also establish a bass fishing tournament pilot program in which the impacts of culling/sorting fish will be evaluated on up to 4 bass tournaments per year for the next two years. Culling is not allowed in Wisconsin for any anglers, and this study which is established by the statute, will look at both biological and public perception issues.
The Department may separate the rule development into multiple rule orders to address individual policy issues.
Statutory authority
Staff time required
Approximately 2080 hours will be needed by the Department to develop these fishing tournament rules. In addition, the tournament advisory committee, consisting of members outside the Department, will spend approximately 260 hours.
Entities affected by the rules
The new rules may impact tournament anglers and organizers, and potentially those businesses and local communities that benefit from the tourism generated by events. New tournament rules will also have an impact on department staff, increasing work load for both fisheries and law enforcement staff.
Preliminary analysis of federal regulations
There are no federal regulations regarding fishing tournament regulations.
Regulation and Licensing
Subject
2003 Wisconsin Act 151 amended section
440.03 (13), Stats., concerning investigations of individuals applying for or holding credentials issued by the department. The amendment requires that investigations of criminal backgrounds of applicants for or holders of credentials issued by the department be made only pursuant to rules promulgated by the department.
Objective of the rule. To specify the process by which the department will investigate whether an applicant for or holder of specified credentials has been charged with or convicted of a crime.
Policy analysis
The department is charged with insuring the health, safety and welfare of the citizens or Wisconsin by maintaining oversight of its credential holders within the bounds of the law.
Statutory authority
Staff time required
125 hours.
Comparison to federal regulations
This rule is created to facilitate acquisition of FBI criminal record reports for applicants and credential holders whose criminal backgrounds are being investigated for the purpose of protecting the health, safety and welfare of the public. The federal government does not partake directly in the licensing and regulation of the professions regulated by the Department of Regulation and Licensing. However, the federal government has mandated that the states which seek criminal records from the FBI for the purpose of professional licensing must do so by state statute. See Public Law 92-544.
Transportation
Subject
Objective of the rule. This rule making proposes to amend s.
Trans 102.14 (1), relating to the issuance of driver licenses and identification cards, to allow for the driver license or identification card to be printed centrally and mailed to the customer using a centralized “print to mail" system.
