Register

The proposed rules consist of a complete update of chapter Comm 8. Because the federal Mine Safety and Health Administration (MSHA) issues extensive safety and health regulations covering the operation of surface and underground mines, chapter Comm 8 contains a reference to those MSHA regulations along with basic administrative requirements relating to the operation of mines, pits and quarries. The proposed rules update and clarify several administrative procedures, such as the notification to begin operation, the payment of fees and the performance of inspections.

The requirements relating to the notification to begin operation are clarified by specifying that the person responsible for the crushing work is the person who must notify the department that work is about to begin. The payment of fees is made consistent with the department's fee schedule by clarifying that the safety service fee is to be paid by the person or firm operating the crushing, screening or washing equipment. The fee rules are also revised by clarifying that an inspection fee and a training fee are only paid by persons who do not pay the safety service fee. The requirements for inspections are revised by indicating that the department will not duplicate inspections performed by MSHA, but will notify MSHA when a required inspection has not been performed.

The proposed rules have been developed with the assistance of the Mines, Pits and Quarries Code Advisory Council. At the time the proposed rules were developed, the members of that citizen advisory council were as follows:

Name   Representing

Christine K. Culligan   Wisconsin Underground
  Contractors Association

Michael Erickson   Aggregate Producers of
  Wisconsin

Todd Every   Wisconsin County
  Highway Association

Scott Janssen   Aggregate Producers of
  Wisconsin

Robert M. Shea   Wisconsin Ready Mixed
  Concrete Association

Carl Thiesen   Wisconsin Asphalt
  Pavement Association

Robert B. Willder   Wisconsin Transportation
  Builders Association

Copies of Rules

A copy of the proposed rules may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701-2689, telephone [phone] or [phone] (TTY), or e-mail at [e-mail]. Copies will also be available at the public hearings.

Environmental Analysis

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch. 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.

Initial Regulatory Flexibility Analysis

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

  The rules will affect any business involved with the ownership or operation of a mine, pit or quarry.

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

  The rules clarify a current notification requirement, but they do not create any new reporting or bookkeeping requirements.

3.   Types of professional skills necessary for compliance with the rules:

  There are no types of professional skills necessary for compliance with the rules.

Fiscal Estimate

The Safety and Buildings Division is responsible for administering and enforcing ch. Comm 8. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing ch. Comm 8. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.

Notice of Hearing

Health and Family Services

(Health, Chs. HFS 110--)

[CR 00-114]

Notice is hereby given that, pursuant to s. 149.143 (2) (a) 2., 3., and 4. and (3), Stats., the Department of Health and Family Services will hold a public hearing to consider the amendment of ss. HFS 119.07 (6) and 119.15, Wis. Adm. Code, and health care premium tables, relating to operation of the Health Insurance Risk-Sharing Plan (HIRSP), and the emergency administrative rules now in effect on the same subject.

Hearing Information

The public hearing will be held:

Date & Time   Location

August 29, 2000   Conference Room

Tuesday   (inside room 372)

Beginning at   State Office Building

1:00 p.m.   1 West Wilson St.

  MADISON, WI

The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.

Analysis Prepared by the Dept. of Health and Family Services

The State of Wisconsin in 1981 established a Health Insurance Risk-Sharing Plan (HIRSP) to make health insurance coverage available to medically uninsured residents of the state. One type of medical coverage provided by HIRSP is the Major Medical Plan. This type of coverage is called Plan 1. Eighty-four percent of the 8,427 HIRSP policies in effect in March 2000 were of the Plan 1 type. Plan 1 has Option A ($1,000 deductible) or Option B ($2,500 deductible). The average premium rate increase for Plan 1 contained in these updated HIRSP rules is 12.4%. Rate increases for specific policyholders range from 3.5% to 15%, depending on a policyholder's age, gender, household income, deductible and zone of residence within Wisconsin. The average 12.4% rate increase for Plan 1 is the minimum increase necessary to maintain premiums at the lowest level permitted by law.

A second type of coverage provided by HIRSP is supplemental coverage for persons eligible for Medicare. This type of coverage is called Plan 2. Plan 2 has a $500 deductible. Sixteen percent of the 8,427 HIRSP policies in effect in March 2000 were of the Plan 2 type. The average premium rate increase for Plan 2 contained in these updated HIRSP rules is 18.2%. Rate increases for specific policyholders range from 7.5% to 21%, depending on a policyholder's age, gender, household income, deductible and zone of residence within Wisconsin. These rate increases reflect industry-wide cost increases and adjust premiums to a level that more accurately reflects actual claim costs for Plan 2 policyholders.

The Department through these rules is amending two sections of the HIRSP program administrative rules:

1. The Department is required to set premium rates by rule. The rules propose to update HIRSP premium rates in ch. HFS 119 in accordance with the authority and requirements set out in s. 149.143 (3) (a), Stats. Rates must be calculated in accordance with generally accepted actuarial principles. Policyholders are to pay 60% of the costs of HIRSP. The HIRSP premium rate tables in ch. HFS 119 are updated in accordance with these principles and requirements, for the time-period beginning July 1, 2000.

2. The rules also propose to update the total HIRSP insurer assessments and provider payment rates in accordance with the authority and requirements set out in s. 149.143 (2) (a) 3. and 4., Stats. With the approval of the HIRSP Board of Governors and as required by statute, the Department of Health and Family Services approved a methodology that reconciles HIRSP program costs, policyholder premiums, insurance assessments and collected health care provider contributions for the most recent calendar year. The adjustments to the insurer assessments and the provider payment rates, contained in the updated HIRSP administrative rules for the time-period beginning July 1, 2000, are the result of this reconciliation process for calendar year 1999.

Identical emergency rules were published and became effective on July 1, 2000.

Contact Information

To find out more about the hearing or to request a copy of the proposed rules, write or phone:

Randy McElhose

Division of Health Care Financing

P.O. Box 309, Room 355

Madison, WI 53701-0309

Telephone [phone] or,

if you are hearing impaired, [phone] (TTY)

If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter, or a non-English, large-print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.

Written Comments

Written comments on the proposed rule received at the above address no later than September 1, 2000 will be given the same consideration as testimony presented at the hearing.

Fiscal Estimate

These rules update HIRSP policyholder premium rates effective July 1, 2000. They also update HIRSP insurer assessments and provider payment rates for the 12-month period beginning July 1, 2000. These updates are being performed to reflect changing HIRSP costs, and in accordance with a statute-specified methodology, in order to offset program costs. Annual fiscal updates to the HIRSP rules generally take effect in July each year. The fiscal updates contained in these rules were developed by an independent actuarial firm and reviewed and approved by the HIRSP Board of Governors. By law, the Board is a diverse body composed of consumers, insurers, health care providers, small business and other affected parties.

The proposed changes are estimated to increase HIRSP program revenues by $7,562,292 in State Fiscal Year 2001. This amount is the combined result of an increase of $3,867,688 in insurance assessments, $345,754 in provider payments and $3,348,850 in premiums collected, for State Fiscal Year 2001. This increase in program revenue is expected to pay for a corresponding increase in HIRSP program expenditures for the payment of services provided in State Fiscal Year 2001. As a result, the net fiscal effect is projected to be zero. These rule changes will not, by themselves, affect the expenditures or revenues of local government. There is no local government involvement in the administration of HIRSP.

Initial Regulatory Flexibility Analysis

The rule changes will affect HIRSP policyholders, the Department of Health and Family Services and the Department's fiscal agent. The rule changes will not affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats. Although the program statutes and rules provide for assessment of insurers to help finance HIRSP, no assessed insurer is a small business as defined in s. 227.114 (1) (a), Stats. Moreover, s. 149.143, Stats., prescribes how the amount of an insurer's assessment to help finance HIRSP is to be determined and, similarly, how the health care provider payment rate is to be calculated.

Notice of Hearings

Natural Resources

(Fish, Game, etc, Chs. NR 1--)

[CR 00-110]

Notice is hereby given that pursuant to ss. 20.370(3)(at), 23.33(4z)(a), 29.591(3), 227.11(2)(a) and 350.108(1), Stats., interpreting ss. 23.33(4z)(a), 23.33(5)(d), 29.563(11)(b)1., 29.591(1) and (3) and 350.108(1), Stats., the Department of Natural Resources will hold public hearings on the repeal of s. NR 64.09(3) and the creation of s. NR 19.50, Wis. Adm. Code, relating to ATV, snowmobile, bowhunter and hunter education fees. 1999 Wis. Act. 9 transferred authority from state statutes to administrative code to regulate student fees for the ATV education, snowmobile education and hunter education programs. The department fees have remained at $3.00 per student for several years. The proposed fee is an increase from $3 to $10 per student. Of this amount, the volunteer instructors would still be able to retain up to 50% of the student fee to cover incurred expenses. This proposal also standardizes the per student fee.

Initial Regulatory Flexibility Analysis

Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.

Environmental Assessment

Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

Hearing Information

August 28, 2000   Room 3000

Monday   Health & Human Services Bldg.

at 11:00 a.m.   300 N. 4th Street

  La Crosse

August 28, 2000   Room 158

Monday   DNR Headquarters

at 4:00 p.m.   1300 Clairemont Avenue