The proposed rule will require auto title lenders to spend time researching the value of a vehicle using nationally recognized vehicle valuation
guides (Black Book, National Automobile Dealer's Association, and Kelley's Blue Book, or any other nationally recognized vehicle valuation guide approved by DFI). Such guides are readily available both online and in print, and require minimal time and minimal, if any, expense.
As a result, the effect on small business will be minimal.
Summary of Comments from Legislative Committees
No comments were reported.
Financial Institutions, Division of Banking
The Department of Financial Institutions, Division of Banking adopts an order to repeal sections
DFI-Bkg 75.02 (1)
and
(2)
, and
75.10 (6)
; 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
75.10 (3) (a) 3.
; repeal and recreate section
DFI-Bkg 75.08 (1)
; and create sections
DFI-Bkg 75.01 (9)
,
75.03 (5)
,
(6)
, and
(7)
,
75.06 (5)
, and
75.08
(d), relating to payday lending. Effective 6-1-13.
Summary of Effect on Small Business and Final Regulatory Flexibility Analysis
The proposed rule may require payday lenders to make minor changes to websites and/or forms. The agency's experience in making similar changes to DFI's website or forms indicates that the cost of making such changes is minimal.
Summary of Comments from Legislative Committees
No comments were reported.
Health Services
Health, Chs. 110—199
A rule to create section
DHS 115.05 (3)
, relating to a fee for screening newborns for congenital and metabolic disorders and other services. Effective 6-1-13.
Final Regulatory Flexibility Analysis or Summary
The $109 fee in this proposed order will not have an impact on businesses, including small businesses, because the fee is unchanged since it was initially imposed by the WSLH in 2010. This proposed order only codifies the existing fee amount of $109 in administrative rule. The rule does not include any requirements, including reporting requirements, schedules or deadlines for compliance, performance standards, other measures or costs from which the department can exempt small businesses. It would be contrary to the objectives of s.
253.13 (2)
Stats., to exempt small businesses from the fee required under s.
253.13 (2)
, Stats. First, s.
253.13 (1)
, Stats., requires attending physicians, certified nurse-midwives, and certified professional midwives to cause every infant born in Wisconsin to be screened for the congenital and metabolic disorders specified by the department by rule. Secondly, s.
253.13 (2)
, Stats., requires the department to impose a fee sufficient to pay for testing provided by the WSLH and include as part of the fee amounts to fund the provision of diagnostic and counseling services, special dietary treatment as prescribed by a physician, and periodic evaluation of infant screening programs, the costs of consulting with experts under s.
253.13 (5)
, Stats., the costs of administering the hearing screening program under s.
253.115
, Stats., and the costs of administering the congenital disorder program operated under s.
253.13 (2)
, Stats. The $109 fee amount is based on the costs to fund the provision of testing and services required under s.
253.13 (2)
, Stats.
The existing fee applies to hospitals, clinics, and laboratories on behalf of hospitals, certified nurse-midwives, certified professional midwives, other birth attendants, other birth facilities, physicians, nurses, parents of newborns, insurers, the WSLH, and the Newborn Screening Program.
Summary of Comments of Legislative Standing Committees
No comments were received.
Justice
The State of Wisconsin Department of Justice creates Chapters
Jus 17
and
18
, relating to licenses authorizing persons to carry concealed weapons; concealed carry certification cards for qualified former federal law enforcement officers; the recognition by Wisconsin of concealed carry licenses issued by other states; and the certification of firearms safety and training instructors. Effective 6-1-13.
Summary of Effect on Small Business
Based on the comment and review process described above, DOJ has concluded that these permanent rules will not have a significant effect on small business. The basis of that conclusion is set forth in greater detail in the economic impact report that has been previously submitted by DOJ, pursuant to s.
227.137
, Stats. Because the proposed rules will not have a significant effect on small business, the requirements of ss.
227.114
and
227.14 (2g)
are not applicable.
Summary of Comments from Legislative Committees
No comments were reported.
Natural Resources
Fish, Game, etc., Chs. 1—
(DNR # FH-21-11)
An order to create section
NR 19.058
, relating to requiring access to wire cutters when trolling in outlying waters. Effective 6-1-13.
Summary of Effects on Small Business
The rule would directly affect sport anglers who engage in trolling with downriggers on the Great Lakes. It is not expected to have an effect on small business.
The rule will be enforced by department Conservation Wardens under the authority of chapters 23 and 29, Stats., through routine patrols, with a total citation penalty of $243.
Summary of Comments from Legislative Committees
No comments were reported.
Transportation
The Wisconsin Department of Transportation adopts an order to amend section
Trans 100.02 (11m)
,
(12m)
, and
(13m)
, relating to mandatory minimum liability limits for insurance policies under safety responsibility, damage judgment, and mandatory insurance laws. Effective 6-1-13.
Summary of Effect on Small Business
The department anticipates that this regulatory change will have some fiscal effect on small business consistent with the
Fiscal Estimate and Economic Impact Analysis
accompanying this rule. Generally, the department anticipates that revenues to insurance companies may fall if drivers purchase less liability coverage; however, insurance companies may be required to pay out less in damage claims.
The after-insurance liability of drivers who carry only the minimum required insurance can be expected to rise if the insurance coverage is inadequate to cover damages. When medical bills and collision repair bills exceed insurance coverage, the impact of these changes may be realized by providers of medical services and auto repair services. Small businesses are therefore anticipated to be affected to the extent that they are involved in either selling insurance, insuring drivers as a vicariously liable employer, providing post-accident services to minimally insured drivers, or attempting to recover damages from a minimally insured driver.
Insurance industry data suggest that the new minimum limits for insurance coverage will exceed the average injury claim in Wisconsin by the year 2018. The department finds, however, that it is infeasible to implement the methods for reducing the impact of this rule on small businesses set forth in s.
227.114 (2)
, Stats., because the department is required to administer ch.
Trans 100
consistent with the statutory changes made in
2011 Wis. Act 14
.
Summary of Comments from Legislative Committees
No comments were reported.
