Scope Statements
Children and Families
Family and Economic Security, Chs.
DCF 101—
Subject
Revises Chapter
DCF 120, relating to emergency assistance for families with needy children.
Policy Analysis
The Emergency Assistance program provides assistance to needy families in cases of fire, flood, natural disaster, homelessness, impending homelessness, or energy crisis. The proposed rules will make the following changes:
•
Allow eligibility for families in rental units facing impending homelessness because of a foreclosure action against their landlord.
•
Require that a family exhaust resources available through the Wisconsin Home Energy Assistance Program and assistance available through local utility companies as required by the Public Service Commission before receiving an Emergency Assistance payment for an energy crisis.
•
Establish a financial eligibility income limit at 115 percent of the federal poverty level, which is the same level as Wisconsin Works (W-2).
•
Disregard foster care payments in determining financial eligibility.
•
Revise the asset limit from $3,000 to $2,500 for consistency with W-2 and to facilitate automation of financial eligibility.
•
Simplify the financial need calculation, which is one of the methods used to determine the payment amount. The current financial need calculation includes all expenses of the group offset by available resources with needs in nine general categories for all emergency types. The proposed rule will have the specific needs that apply to the specific emergency types.
•
Eliminate “the amount requested by the family" as a method for determining the payment amount. This will ensure that families do not receive a smaller payment because they were not informed of the full payment for which they were eligible.
•
Establish a maximum payment based on need due to an energy crisis at $500.
Statutory Authority
Comparison with Federal Regulations
Emergency Assistance is a Temporary Assistance to Needy Families (TANF) program option available to states under previous Aid to Families with Dependent Children (AFDC) statutes to provide short-time assistance to needy families with children. Wisconsin chose to continue the Emergency Assistance program when Wisconsin repealed the AFDC program and accepted federal TANF block grant funds.
There are no federal requirements related to this emergency rule, except that TANF funds must be used to provide assistance to families with children.
Entities Affected by the Rule
W-2 agencies and low-income families.
Estimate of Time Needed to Develop the Rule
200 hours.
Contact Information
Jude Morse
Bureau of Working Families
(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.
