This statement of scope was approved by the governor on May 23, 2012.
Rule No.
DFI-Bkg 78.
Relating to
Title loans.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
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.
Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Current policy: Since July 1, 2011, a licensed lender that holds a certificate of authorization issued by the division of banking can make title loans. No title loan 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, may be made. Currently, there is no rule setting forth how the lender should determine the retail value of the vehicle.
Proposed change: Create a rule that sets forth how the lender should determine 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.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
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."
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Approximately 30 hours.
Description of all Entities that may be Impacted by the Rule
The proposed rule change would impact lenders licensed under s.
138.09, Stats., that are authorized to make title loans and consumers obtaining title loans from such licensees. No impact is expected for business associations, public utility rate payers, or local government units.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
DFI is unaware of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Anticipated Economic Impact of Implementing the Rule
The division anticipates that any economic impact of implementing the rule would be minimal.
Contact Person
Eric Knight
Executive Assistant
Department of Financial Institutions
Hearing and Speech Examining Board
This statement of scope was approved by the governor on May 4, 2012.
Rule No.
HAS 6
Relating to
Deceptive advertising.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
Not Applicable.
Detailed Description of the Objective of the Proposed Rule
To add the new statutory definition as it relates to “Deceptive" advertising and to revise the rule relative to the grounds for discipline for such advertising.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
The passage of
2009 Wisconsin Act 356 amended s.
459.34 (2) (d), Wis. Stats., to expand and further clarify the definition of false, misleading and deceptive advertising. Accordingly, s.
HAS 6.175, Wis. Admin. Code, shall be revised to reflect the new definition. In addition, the statutory change requires revision of the language in s.
HAS 6.18 (1) (d), Wis. Admin. Code, which provides that deceptive advertising is a basis for professional discipline.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b) Each examining board: shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
20 Hours.
List with Description of all Entities that may be Affected by the Proposed Rule
Speech Language Pathologists and Audiologists.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule
There is no anticipated economic impact of implementing the rule. It is not likely to have an economic impact on small businesses.
Contact Person
Sharon Henes, Paralegal, (608) 261-2377
Technical College System Board
This statement of scope was approved by the governor on June 8, 2012.
Rule No.
TCS 2
Relating to
District board member appointments.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A
Detailed Description of the Objective of the Proposed Rule
To establish criteria and procedures for the review of district board member appointments by the board as required under s.
38.04 (15), Stats., and to interpret the board's authority to require under s.
38.10 (2) (c), Stats., that district board appointments comply with the plan of representation and interprets s.
38.10 (2) (f) and
(fm), Stats., requiring the board to formulate the plan of representation and appoint district board members upon the occurrence of certain specified circumstances.
Amendments to TCS 2 proposed to align references to the membership of the Milwaukee Area Technical College District Board with the member representation established by the Legislature and the Governor in
2011 Wisconsin Act 286.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives
Wisconsin Technical College System Board Policy 100,
District Board Appointments, refers to statutory and administrative rule requirements.
2011 Wisconsin Act 286 does not require any modification of Policy 100. No new Board policies are anticipated.
TCS 2 will be modified to reflect the new district board and appointment committee membership requirements for Milwaukee Area Technical College District pursuant to
2011 Wisconsin Act 286.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
40 hours of staff time. Minimal printing resources required.
List with Description of all Entities that may be Affected by the Proposed Rule
Wisconsin Technical College System Board
Milwaukee Area Technical College District
Milwaukee Area Technical College District Board
Milwaukee Area Technical College District Board Appointment Committee
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Not applicable.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
None.
Contact Person
Morna Foy, 608-266-2449
