Rule-Making Notices (Hearing Notices)

Small Business Impact

The rules are not expected to impose significant costs or other adverse impacts on small businesses because the rules address submittal of documentation, and other activities, only by applicants that choose to pursue tax credits for job creation, capital investment, employee training and corporate headquarters.

Initial regulatory flexibility analysis

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

Businesses and individuals that choose to pursue tax benefits for job creation, capital investment, employee training, and corporate headquarters, as established under sections 560.701 to 560.706 of the Statutes.

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

A business certified under the rules must enter into a written agreement with the Department that establishes the responsibilities which the business will fulfill with regard to the Department's terms and conditions in allocating a tax credit.

Types of professional skills necessary for compliance with the rules.

No new professional skills are necessary for compliance with the rules.

Rules have a significant economic impact on small businesses?

No.

Small business regulatory coordinator

Any inquiries for the Small Business Regulatory Coordinator for the Department of Commerce can be directed to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53707, or at [e-mail], or telephone [phone].

Environmental Impact

The Department has considered the environmental impact of the proposed rules. In accordance with Chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

Fiscal Estimate

Assumptions used in arriving at fiscal estimate

Although the rules will newly result in review of documentation relating to certifying applicants as eligible to then claim allocated tax credits for job creation, capital investment, employee training, and corporate headquarters, the number of these reviews and allocations is expected to be about the same as in the five development-zone programs that are being replaced by this program. Therefore, the proposed rules are not expected to have any significant fiscal effect on the Department.

The proposed rules are not expected to impose any significant costs on the private sector because the rules address submittal of documentation, and other activities, only by applicants that choose to pursue tax credits for job creation, capital investment, employee training and corporate headquarters.

State fiscal effect

None.

Local government fiscal effect

None.

Long-range fiscal implications

None known.

Agency Contact Person

Todd Jensen, Wisconsin Department of Commerce, Bureau of Business Finance, 201 West Washington Avenue, Madison, WI, 53703; telephone: [phone]; E-Mail: [e-mail].

Notice of Hearing

Financial Institutions — Banking

rulemaking_notices CR 09-060 CR 09-060

NOTICE IS HEREBY GIVEN That pursuant to ss. 224.72 (7) (bm) and (8), 224.725 (4) (c), (5) (b) and (8), 224.73 (3) (a), and 227.11 (2), Stats., the Department of Financial Institutions, Division of Banking will hold a public hearing to consider a rule to repeal and recreate Chapters DFI-Bkg 40, 41, 42 and 43; amend s. DFI-Bkg 44.01 (1) (f); create s. DFI-Bkg 44.01 (1) (g); repeal Chapter DFI-Bkg 45; and create Chapter DFI-Bkg 47, relating to the transition from a registration system to a license system under subch. III of ch. 224, Stats., branch offices, mortgage broker agreements, surety bonds and trade names.

Hearing Information

The public hearing will be held at:

September 14, 2009 at 1:00 pm.

Department of Financial Institutions

345 W. Washington Avenue

5th floor

Madison, Wisconsin

Copies of Proposed Rule, Submission of Written Comments and Contact Persons

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], e-mail [e-mail]. 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 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].

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

Statute(s) interpreted

Sections 224.72 (7) (bm) and (8), 224.725 (4) (c), (5) (b) and (8), and 224.73 (3) (a), Stats.

Statutory authority

Sections 224.72 (7) (bm) and (8), 224.725 (4) (c), (5) (b) and (8), 224.73 (3) (a), and 227.11 (2), Stats.

Related statute or rule

None.

Explanation of agency authority

Pursuant to s. 220.02 (2) and (3), and subch. III of ch. 224, Stats., the division regulates mortgage banking.

Summary of proposed rule

The objective of the rule is to repeal and recreate chs. DFI-Bkg 40, 41, 42 and 43; amend s. DFI-Bkg 44.01; repeal ch. DFI-Bkg 45; and create ch. DFI-Bkg 47. 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 and mortgage loan originators. Primarily affected are provisions regarding terminology, and licensing requirements and procedures. Because of the numerous changes to terminology and deletion of text, the division proposes to repeal and recreate most of these chapters rather than extensively amend and renumber; otherwise the substance of the text remains largely the same. The purpose of the rule is also to provide clarification regarding branch offices, mortgage broker agreements, surety bonds and trade names.

Comparison with federal regulations

The requirements of 2009 Wisconsin Act 2 stem from the Secure and Fair Enforcement for Mortgage Licensing (“S.A.F.E.") Act of 2008.

Comparison with rules in adjacent states

Illinois, Iowa and Michigan have all adopted or are in the process of adopting the S.A.F.E Act of 2008; Minnesota is not adopting this act.

Summary of factual data and analytical methodologies

The changes are largely ones of terminology and procedure that stem directly from the S.A.F.E. Act of 2008 and 2009 Wisconsin Act 2. The division applied its own experience in its regulation of mortgage bankers and mortgage brokers regarding the clarifications on branch offices, surety bonds and trade names.

Small Business Impact

The rule reflects changes imposed congressionally by the S.A.F.E. Act of 2008 and legislatively by 2009 Wisconsin Act 2, and not by the department. Clarifications to matters regarding branch offices, mortgage loan agreements, surety bonds and trade names are already existing obligations for mortgage bankers and mortgage brokers. The rule itself therefore imposes no substantial impact on small businesses.

Fiscal Estimate

The state fiscal effect is an expected increase in costs which may be possible to absorb within the agency's budget; there are no local government costs.

Notice of Hearings

Health Services

Community Services, Chs. DHS 30—

rulemaking_notices CR 09-061 CR 09-061

NOTICE IS HEREBY GIVEN that pursuant to ss. 54.15 (7) and 227.11 (2) (a), Stats., the Department of Health Services will hold public hearings to consider the repeal and recreation of Chapter DHS 85, relating to non-profit corporations and unincorporated associations as guardians, and affecting small businesses.

Hearing Information

Date and Time	Location
October 8, 2009 1:00 PM to 3:00 PM	Waukesha State Office Bldg. 141 N. W. Barstow Street Room 151 Waukesha, WI
October 14, 2009 11:00 AM to 1:00 PM	La Crosse Public Library 800 Main Street Main Auditorium La Crosse, WI

Accessibility

English

DHS is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting Pat Benesh at [phone]. You must make your request at least 7 days before the activity.

Spanish

DHS es una agencia que ofrece igualdad en las oportunidades de empleo y servicios. Si necesita algún tipo de acomodaciones debido a incapacidad o si necesita un interprete, traductor o esta información en su propio idioma o en un formato alterno, usted puede pedir asistencia para participar en los programas comunicándose con Pat Benesh al número at [phone]. Debe someter su petición por lo menos 7 días de antes de la actividad.

Hmong

DHS yog ib tus tswv hauj lwm thiab yog ib qhov chaw pab cuam uas muab vaj huam sib luag rau sawv daws. Yog koj xav tau kev pab vim muaj mob xiam oob qhab los yog xav tau ib tus neeg pab txhais lus los yog txhais ntaub ntawv, los yog koj xav tau cov ntaub ntawv no ua lwm hom lus los yog lwm hom ntawv, koj yuav tau thov kev pab uas yog hu rau Pat Benesh ntawm at [phone]. Koj yuav tsum thov qhov kev pab yam tsawg kawg 7 hnub ua ntej qhov hauj lwm ntawd.

Agency Contact Person

Pat Benesh, Quality Assurance Program Spec-Senior

Division of Quality Assurance

1 West Wilson St., Room 1150

Madison, WI 53701

Phone: [phone]

Fax: [phone]

[e-mail]

Submission of Written Comments

Comments may be submitted to the agency contact person that is listed above. The deadline for submitting comments is October 21, 2009.

Analysis Prepared by the Department of Health Services

Statute interpreted

Section 55.02, Stats.

Statutory authority