Section ElBd 1.39. Scope of regulated activity: the conversion of a federal campaign committee to a state campaign committee and the contribution of funds from a federal campaign committee to a state campaign committee.

Objective of the rule. To amend the Elections Board's existing rules; to prohibit the conversion of federal campaign committees into state campaign committees and limit the contributions from federal campaign committees to state campaign committees to the maximum contribution allowable from a single committee to a state campaign committee registered for the office sought.

Existing Wisconsin policy allows a federal campaign committee to become a state campaign committee and to use the money that was in the federal campaign account in the state campaign without limitation or prohibition and with a minimum of reporting. The Board's proposed rule would prohibit conversion of a federal campaign committee to a state campaign committee and would limit the amount of federal money that may be contributed to the state campaign committee for use in a Wisconsin campaign.

Sections 5.05 (1) (f) and s. 227.11 (2) (a), Stats

At least 25 hours of state employees' time.

The rule will affect the campaign committee of each of Wisconsin's eight members of the United States House of Representatives and Wisconsin's two U. S. Senators. Theoretically, the rule could affect the campaign committee of any other federal officeholder who was considering running for a state office in the State of Wisconsin. The likelihood of the latter circumstances is remote.

The rule reverses the effect of a recent congressional change in 2 USC 439(2001) of the Federal Election Campaign Act of 1971 (as amended) – See H.R. 4818, s. 532 (3) and 532 (4).

Since the Bi-Partisan Campaign Reform Act of 2002 (BICRA), transfers of funds from a federal campaign committee to a state campaign committee had not been authorized under federal law. In November, 2004, the United States Congress amended the Federal Election Campaign Act to permit the transfer of a federal candidate's campaign committee's funds to the candidate's state campaign committee – regardless of the source of those funds - if state law permitted, and subject to the state law's requirements and restrictions. (See H.R. 4818, s. 532 (3) and 532 (4).

Because of Congress' action in November, 2004, money which had not been available to a state committee under BICRA, and which might not have qualified for use for political purposes in a state campaign because of its source or because of other noncompliance with state law, could now be transferred to a state committee, if state law permitted. Wisconsin law, under the Board's current rule, s. ElBd 1.39, Wis. Adm. Code, allows for conversion of a federal campaign committee, and its funds, to a state campaign committee without regard to source of those funds and without regard to Wisconsin contribution limitations.

The rule amends s. ElBd 1.39 to prohibit the conversion of a federal campaign committee to a state campaign committee and restricts the contribution from a federal campaign committee to a state campaign committee to the maximum allowable from a single committee to a candidate for the office being sought.

Rules relating to collection agencies practices.

Chapter DFI—Bkg 74, relating to collection agencies, has not been updated to reflect changes in the law, current industry practices or electronic commerce since 1993, and with only minimal updates at that time. The rule repeals and recreates ch. DFI—Bkg 74 to reflect these changes. While portions of ch. DFI—Bkg 74 remain the same, substantial changes to the chapter warranted its repeal and recreation. The rule addresses definitions, office requirements, office relocations and material changes, agreements and acknowledgments, remittance statements, trust fund accounts, books and records, disclosure of rates in advertising, reports to creditors, procedures for return or cancellation of accounts, general matters, annual reports, fair collection practice notices, in house collectors, operating from residences, unauthorized practice of law, prohibited practices, and use of data processing. The revisions are made in consultation with the Wisconsin Collectors Association, the Wisconsin State Bar and other industry representatives.

Sections 218.04 (7) (d) and 227.11 (2), Stats.

250 hours.

Collection agencies.

The Fair Debt Collection Practices Act also addresses third party collection practices.

Objective of the rule. This proposed rule will address authorizing mortgage guarantee insurers to issue coverage for mortgages issued by affiliates or a person related to an affiliate.

Under s. Ins 3.09 (19), Wis. Adm. Code, a mortgage guarantee insurer is prohibited, subject to limited exception, from issuing coverage on a mortgage issued by an affiliate. The proposed rule will modify this restriction to allow issuance of such coverage, subject to standards intended to protect the solvency of the insurer.

This rule is authorized under ss. 601.41, 611.19 (1), 611.24, 618.21, 627.05 and 628.34 (12) and chs. 620 and 623, Wis Stat.

200 hours and no other resources are necessary.

None.

Mortgage guarantee insurer.

The purpose of this package is to develop a permanent rule that provides a standardized method for measuring exhaust noise emitted from all terrain vehicles (ATVs) that exceed 96 decibels.

On April 28, 2004 Act 251 became effective. Act 251 provided a maximum noise level (96 decibels) that ATVs are required to comply with. However, the Act did not describe the test procedure that would be used to measure ATV noise, leaving the method of testing to be prescribed by rule. The proposed rule will provide a uniform test procedure for testing ATV noise emissions so that enforcement officers will be able to determine if ATVs comply with the 96 decibel limit.

The National Association of OHV Program managers had coincidentally convened and discussed ATV noise issues in March 2004. From that meeting, the National Association adopted a resolution encouraging all states to adopt a maximum noise level of 96 decibels as measured in accordance with the Society of Automotive Engineer's noise measuring standard SAE J1287.

This proposed rule would coincide with the resolution adopted by state program managers.

Sections 227.11 (2) (a), and 23.33 (6m).

51 hours.

This rule will impact ATV riders who have failed to maintain their machine's exhaust system and/or those ATV riders who modify their exhaust systems to be unusually loud and in excess of 96 decibels when measured in accordance with the Society of Automotive Engineer's noise measuring standard SAE J1287.