Rule-Making Notices (Hearing Notices)

•   Sets standards for record-keeping consistent with NSSP guidelines.

Federal and surrounding state programs

Federal Programs

There is no federal law related to the transportation and processing of molluscan shellfish. However, FDA administers the National Shellfish Sanitation Program (NSSP), which developed a model ordinance that states may use to develop uniform shellfish regulations. Compliance with the model ordinance is deemed consistent with meeting applicable provisions in the Federal Food, Drug and Cosmetic Act.

Surrounding State Programs

Illinois is the only surrounding state currently participating in this program. Illinois' rules are consistent with this proposed rule. Unlike this proposed rule, Illinois requires molluscan shellfish processors to pay additional fees to participate in the program. Iowa, Michigan, and Minnesota do not participate. These states may be potential customers for molluscan shellfish sold by Wisconsin businesses.

Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis

This rule was requested by the large wholesale businesses it is most likely to impact. Small businesses are unlikely to participate in this program. DATCP provided an opportunity for comment on the economic impact of the rule during the Economic Impact Analysis comment period. No comments related to the economic impact were received.

Data and analytical methodologies

DATCP staff reviewed information to determine the extent to which other states have adopted NSSP guidelines and contacted staff in Illinois involved with regulating molluscan shellfish to determine the extent to which their rules are consistent with this proposed rule. DATCP obtained additional information about the applicable requirements through communications and training with FDA officials overseeing the NSSP.

Fiscal Estimate

This rule will not have a significant fiscal impact on state government and DATCP will absorb any costs with current budget and staff since food processing plants are already regulated by DATCP. This rule will have no fiscal effect on local governments or public utility rate payers. DATCP estimates it will use the equivalent of .1 Full-Time Employee (FTE) to revise this rule, and it will utilize existing staff for that work.

Business Impact Analysis and Effects on Small Business

This rule will have a positive impact on businesses in Wisconsin. Currently, Wisconsin businesses may receive and process molluscan shellfish from out of state, but may only sell these products within Wisconsin. This rule will allow Wisconsin businesses to expand their markets for these products by allowing them to process and sell molluscan shellfish in interstate commerce. In addition, as one of only two states in the Midwest to participate in the program, this rule will provide an incentive to large wholesalers that operate in several states to locate molluscan shellfish processing operations in Wisconsin.

The implementation costs for businesses to participate in this program are expected to be minimal. The provisions of this rule are consistent with general facility and sanitation standards that food processors must already meet. Businesses that choose to participate in the program would not need to modify existing facilities or implement unusual recordkeeping. Participation in the program is voluntary and only businesses that choose to sell molluscan shellfish in interstate commerce would be required to meet the requirements. There will be no additional licensing fees beyond those already required for a food processing plant license.

This rule will primarily benefit large businesses that provide wholesale food products to retail food establishment, restaurants, and other wholesale food industries nationwide. Small businesses are unlikely to participate in this program, with current regulations allowing them to receive and sell molluscan shellfish in their local market sufficient to meet their needs. Any business regardless of size that sells molluscan shellfish products in interstate commerce must meet NSSP requirements. However, a small business that chooses to participate in the program is expected to be able to easily meet program requirements. DATCP would also provide support and guidance to any small business interested in participation to ensure they meet Hazard Analysis Critical Control Points (HACCP) and other regulatory requirements.

Standards Incorporated by Reference

This rule incorporates by reference Section IV Chapter III .01 of the Shellfish Industry Equipment Construction Guide, National Shellfish Sanitation Program, Guide for the Control of Molluscan Shellfish, 2009. Consent will be requested from the Attorney General to incorporate these standards by reference. A copy of this document will be kept on file with DATCP and the Legislative Reference Bureau. The Shellfish Industry Equipment Construction Guide is also available in electronic format at:
http://www.fda.gov/Food/FoodSafety/Product-SpecificInformation/Seafood/FederalStatePrograms/NationalShellfishSanitationProgram/ucm070560.htm.

DATCP Contact

Questions and comments related to this rule may be directed to:

Tim Anderson

Chief, Regulatory and Technical Services

Department of Agriculture, Trade and Consumer Protection-Division of Food Safety

P.O. Box 8911

Madison, WI 53708-8911

Telephone [phone]

E-Mail: [e-mail]

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original Updated Corrected
Administrative Rule Chapter, Title and Number
ATCP 70, Food Processing Plants
Subject
Wisconsin's Shellfish Shippers and Processors
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
GPR FED PRO PRS SEG SEG-S
Fiscal Effect of Implementing the Rule
X No Fiscal Effect Indeterminate	Increase Existing Revenues Decrease Existing Revenues		Increase Costs X Could Absorb Within Agency's Budget Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
X State's Economy Local Government Units		X Specific Businesses/Sectors Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? Yes X No
Policy Problem Addressed by the Rule
This proposed rule would modify ch. ATCP 70, Food Processing Plants, to incorporate changes that apply to processing molluscan shellfish (e.g., oysters, clams and scallops). Currently, Wisconsin food processors may only sell these products within the state. The rule would establish a voluntary program that would allow Wisconsin businesses to process and repack molluscan shellfish for sale in other states and internationally. In general, the proposed rule adopts portions of the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish (2009), which sets the sanitary control standards for molluscan shellfish for human consumption. The rule revisions would add Wisconsin as a member of the Interstate Shellfish Sanitation Conference (ISSC). The ISSC is the primary voluntary national organization of state shellfish regulatory officials; it provides guidance and counsel on matters for the sanitary control of shellfish. The ISSC entered into a memorandum of understanding with the FDA to create a federal and state cooperative program called the National Shellfish Sanitation Program (NSSP). The NSSP promotes uniformity and improves the sanitation of shellfish moving in interstate commerce. Participating states codify this guidance to regulate the processing of shellfish in their jurisdictions for interstate commerce. FDA then recognizes regulations based on the guidance as suitable for ensuring compliance with the Federal Food, Drug and Cosmetic Act. Under the rule, Wisconsin food processing businesses that meet the standard would then be certified to process and ship shellfish in interstate commerce. Thirty-seven other states are currently members of ISSC. The rule does all of the following: •   Defines terms related to activities associated with the receipt, processing, labeling, and shipping of molluscan shellfish. •   Modifies current rules to include provisions of the National Shellfish Sanitation Program (NSSP) and the guidelines of the Interstate Shellfish Sanitation Conference (ISSC) related to receiving, processing, repacking, labeling and shipping molluscan shellfish for wholesale interstate trade. •   Applies existing standards for facilities, sanitation, and personal hygiene in food processing plants to molluscan shellfish shippers and reprocessors. •   Sets standards for record-keeping consistent with NSSP guidelines.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Businesses and Business Sectors The rule was requested by businesses that expressed an interest in processing and repackaging molluscan shellfish for sale in other states. Large businesses that provide wholesale food products to retail food establishments, restaurants, and other wholesale food industries nationwide are most likely to participate in the program. The rule will provide these large-scale food wholesalers with the option, under a food processing plant license, of breaking down and further processing shipments of molluscan shellfish to Wisconsin to meet the needs of their customers in other states. The department believes small businesses are unlikely to participate in the program, with current regulations that allow small business to receive and sell molluscan shellfish in their local market sufficient to meet their needs. However, the department expects any small business licensed as a food processor and who chooses to participate in the program to be able to easily meet program requirements. The department is unable to quantify the compliance costs to businesses of this rule, but these costs are expected to be minimal. The provisions of this rule are consistent with general facility and sanitation standards that food processors must already meet. Businesses that choose to participate in the program would not need to modify existing facilities or implement unusual recordkeeping. Participation in the program is voluntary and only businesses that choose to sell molluscan shellfish in interstate commerce would be required to meet the requirements. There will be no additional licensing fees beyond those already required for a food processing license. State's Economy Wisconsin does not produce molluscan shellfish, but some businesses bring this product in from other states and package and reprocess it for sale within the state. This rule will allow these businesses to sell this product in interstate commerce. Although the department cannot quantify the positive economic impact, this rule will benefit Wisconsin's economy by opening this new market and it will allow certain Wisconsin food processing businesses who participate in the program to increase sales. Adopting this rule will help eliminate an economic disadvantage with the 37 other states who currently participate in the program and allow the sale of molluscan shellfish in interstate commerce. For example, the rule will put Wisconsin on an equal footing with molluscan shellfish shippers and processors in Illinois-specifically in the Chicago area. The rule will also allow large wholesalers operating in several states to have the option of locating molluscan shellfish processing operations in Wisconsin, which may be more convenient for servicing markets in other states such as the Twin Cities, Michigan's Upper Peninsula, Iowa and the Dakotas. Local Governmental Units and Public Utility Rate Payers The rule will have no impact on local governmental units or public utility rate payers. Economic Impact Analysis Comments DATCP posted the proposed rule online as required under Wis. Stat. s. 227.137 and solicited comments from food processor businesses that the department believed might have an interest in processing and packaging molluscan shellfish for interstate sales, the Midwest Food Processors Association, the Wisconsin Restaurant Association, the Wisconsin Grocers Association, and state and local health employees. The department did not receive any comments on the economic impact of the rule. Fiscal Impact This rule will not have a significant fiscal impact on state government and DATCP will absorb any costs with current budget and staff since food processing plants are already regulated by DATCP. This rule will have no fiscal effect on local governments.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
This rule will have a positive impact on business in Wisconsin by opening new markets in other states for processed or repackaged molluscan shellfish for businesses that choose to participate in the program. If the rule is not implemented, there will be no provision to allow state food processing plants to process and repackage shellfish obtained from outside the state for sale in interstate commerce. If the rule is not adopted, Wisconsin will continue to have an economic disadvantage to other states, such as Illinois, that have adopted the standards and allow interstate sales of processed and repackaged molluscan shellfish.
Long Range Implications of Implementing the Rule
There are no long range negative implications of implementing the rule. In the long run, the rule will allow certain Wisconsin businesses to increase sales of molluscan shellfish in interstate commerce, while also helping to protect the public health of consumers who purchase molluscan shellfish.
Compare With Approaches Being Used by Federal Government
There is no federal law related to the transportation and processing of molluscan shellfish. However, FDA administers the National Shellfish Sanitation Program (NSSP), which developed a model ordinance that states may use to develop uniform shellfish regulations. Compliance with the model ordinance is deemed consistent with meeting applicable provisions in the Federal Food, Drug and Cosmetic Act.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Illinois is the only surrounding state currently participating in this program. Iowa, Michigan, and Minnesota do not participate and may be potential customers for molluscan shellfish sold by Wisconsin businesses.
Name and Phone Number of Contact Person
Tim Anderson Chief, Regulatory and Technical Services Department of Agriculture, Trade and Consumer Protection-Division of Food Safety P.O. Box 8911 Madison, WI 53708-8911 Telephone [phone] E-Mail: [e-mail]

Notice of Hearing

Financial Institutions — Banking

rulemaking_notices CR 12-034 CR 12-034

NOTICE IS HEREBY GIVEN that the Wisconsin Department of Financial Institutions will hold a public hearing on a proposed rule to create Chapter DFI—Bkg 78, relating to auto title loans.

Hearing Information

Date:   Monday, October 1, 2012

Time:   11:00 a.m.

Location:   Department of Financial Institutions
  345 W. Washington Avenue, 5th Floor
  Madison, WI 53703

Accessibility

If you need accommodations because of a disability, or need an interpreter or translator, at least one week prior to the hearing contact Eric Knight, Department of Financial Institutions, Office of the Secretary, 345 W. Washington Avenue, Madison, WI 53703, tel. [phone], e-mail [e-mail]. Alternately hearing impaired callers may contact the DFI TTY at [phone]. The hearing facility is handicap accessible.

Copies of the Rule and Fiscal Estimate

A copy of the rule, fiscal estimate and related rule documents may be obtained at no charge from the department's website, www.wdfi.org; the Wisconsin Administrative Rules Website, http://adminrules.wisconsin
.gov; or by contacting Eric Knight, Department of Financial Institutions, Office of the Secretary, 345 W. Washington Avenue, Madison, WI 53703, tel. [phone], e-mail [e-mail].

Submitting Comments on the Rule

Written comments on the rule should be submitted to Eric Knight, Department of Financial Institutions, Office of the Secretary, 345 W. Washington Avenue, Madison, WI 53703, e-mail [e-mail]. Comments may also be submitted through the Wisconsin Administrative Rule Website, http://adminrules.wisconsin.gov. The deadline for submitting comments is 4:30 p.m. on the 14th day after the date for the hearing.

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

Statutes interpreted

Section 138.16, Stats.

Statutory authority and explanation of statutory authority

The statutory authorities for the rule are the following:

Section 138.16 (2), Stats., which states that “[t]he division shall promulgate rules for determining the retail value of a motor vehicle for purposes of this paragraph, including rules specifying nationally recognized pricing guides that may be used for determining retail value at the time of loan origination."

Related rules or statutes

Section 138.09, Stats.

Plain language analysis

As a result of the passage of 2011 Wisconsin Act 32, a licensed lender that holds the proper certificate of authorization may make title loans. However, no licensed lender may make a title loan to a borrower that results in the borrower having liability for the loan, in principal, of more than 50 percent of the retail value of the motor vehicle used as security for the loan.

The objective is to promulgate a rule for determining the retail value of a motor vehicle, including specifying nationally recognized pricing guides that may be used for determining retail value at the time of loan origination.

Summary of and comparison with existing or proposed federal regulations

DFI is unaware of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.

Comparison with rules in adjacent states

Michigan and Iowa have no title lending rules.

Illinois has rules on title lending; however they do not address determining the retail value of a motor vehicle.

Minnesota has a limited number of rules regarding licensed regulated lenders, which may include payday lenders. Their rules cover the following topics: licensed office, maximum loan applies to multiple offices, licensees to be responsible for acts of assignees, management and control, transferred accounts, and computing date and time.

Summary of factual data and analytical methodologies

In developing these rules, the department reviewed title lending laws in states across the country. The department is engaged in outreach with title lenders and consumer organizations to gather input. Because the department regulates licensed financial services for the state, the division could rely on extensive staff expertise and experience in drafting regulations for these entities.

Analysis and supporting documents used to determine effect on small business

N/A.

Effect on Small Business

N/A.

Summary of Fiscal Estimate and Economic Impact Analysis

No impact.

Small Business Regulatory Coordinator

The agency's small business regulatory coordinator is Eric Knight, tel. [phone], e-mail
[e-mail].

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original     Updated     Corrected
2. Administrative Rule Chapter, Title and Number
Chapter 76, Title Loans
3. Subject
Title Loans
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
GPR   FED   X PRO   PRS   SEG   SEG-S			s. 20.144 (1) (g)
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect Indeterminate	Increase Existing Revenues Decrease Existing Revenues		Increase Costs Could Absorb Within Agency's Budget Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
State's Economy Local Government Units		X Specific Businesses/Sectors Public Utility Rate Payers Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? Yes     X No
9. Policy Problem Addressed by the Rule
2011 Wisconsin Act 32 requires the department to promulgate rules to approve the sources used to determine market value for vehicles in title loans.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Industry representatives and consumer groups.
11. Identify the local governmental units that participated in the development of this EIA.
None.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
None.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Provides guidance and clarification to the industry related to title lending.
14. Long Range Implications of Implementing the Rule
Continued guidance and clarification for the industry.
15. Compare With Approaches Being Used by Federal Government
None.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Michigan and Iowa have no related rules. Illinois has rules covering title lending, but the rules do not cover market value sources. Minnesota has a limited number of rules regarding licensed regulated lenders, but nothing that specifically addresses this subject.
17. Contact Name				18. Contact Phone Number
Susan Dietzel				608-267-0399

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Financial Institutions — Banking

rulemaking_notices CR 12-035 CR 12-035

NOTICE IS HEREBY GIVEN that the Wisconsin Department of Financial Institutions will hold a public hearing on a proposed rule to to amend sections DFI—Bkg 75.01 (3), 75.02 (intro), 75.03 (3) and (3) (c), 75.05 (4), 75.06 (2), 75.07 (a), 75.08 (4) and (4) (b), and 75.09 (3) (a) 3.; create sections 75.01 (9), 75.03 (5), (6) and (7), 75.06 (5) and 75.08 (d); repeal sections 75.02 (1) and (2), and 75.10 (6); and repeal and recreate section 75.08 (1), relating to payday lending.

Hearing Information

Date:   Monday, October 1, 2012

Time:   10:00 a.m.

Location:   Department of Financial Institutions
  345 W. Washington Avenue, 5th Floor
  Madison, WI 53703

Accessibility

If you need accommodations because of a disability, or need an interpreter or translator, at least one week prior to the hearing contact Eric Knight, Department of Financial Institutions, Office of the Secretary, 345 W. Washington Avenue, Madison, WI 53703, tel. [phone], e-mail [e-mail]. Alternately hearing impaired callers may contact the DFI TTY at [phone]. The hearing facility is handicap accessible.

Copies of the Rule and Fiscal Estimate

A copy of the rule, fiscal estimate and related rule documents may be obtained at no charge from the department's website, www.wdfi.org; the Wisconsin Administrative Rules Website, http://adminrules.wisconsin
.gov; or by contacting Eric Knight, Department of Financial Institutions, Office of the Secretary, 345 W. Washington Avenue, Madison, WI 53703, tel. [phone], e-mail [e-mail].

Submitting Comments on the Rule

Written comments on the rule should be submitted to Eric Knight, Department of Financial Institutions, Office of the Secretary, 345 W. Washington Avenue, Madison, WI 53703, e-mail [e-mail]. Comments may also be submitted through the Wisconsin Administrative Rule Website, http://adminrules.wisconsin.gov. The deadline for submitting comments is 4:30 p.m. on the 14th day after the date for the hearing.

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

Statutes interpreted

Section 138.14, Stats.

Statutory authority and explanation of statutory authority

The statutory authorities for the rule are the following:

Section 138.14 (8) (b), Stats., which states that “[t]he division may promulgate such rules as it considers necessary for the administration of this section, including rules establishing database transaction fees under sub. (14) (h) and other fees considered reasonable and necessary by the division," and