Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until August 2, 2004, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be sent by e-mail to
srockweiler@commerce.state.wi.us. If e-mail submittal is not possible, written comments may be addressed to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.
This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Analysis Prepared By Department of Commerce
Under ss.
101.02 (1) and
(15) of the statutes, the Department has authority to protect public health, safety, and welfare, at public buildings and places of employment, by promulgating and enforcing requirements for construction and maintenance of those facilities.
Under section
101.128 (1) (b) of the statutes, a “facility where the public congregates" is defined as having a general capacity or a seating capacity of 500 or more people. Under section
101.128 (2) (b) of the statutes, the Department must establish standards at these facilities, for ensuring that females have a speed of access to toilets which equals the speed of access that males have.
For public buildings, and for other structures and places of employment with public seating, the Department has established these standards in chapters Comm 61 to 65, which is the Wisconsin Commercial Building Code, and in chapter Comm 90, which addresses public swimming pools and other water attractions.
The proposed rules would establish standards for facilities where the public congregates that are not addressed by the minimum number of plumbing fixtures required in chapters Comm 61 to 65, or 90. The proposed rules would not apply to any of these facilities that currently exist, unless either of the following occur: (1) new restrooms or other new toilet facilities are proposed, in which case the rules would apply only to the new restrooms or other new toilet facilities; or (2) more than 50% of the square footage of an existing restroom or other existing toilet facility is renovated, in which case the rules would apply only to the renovated portion.
The proposed ratio of two female toilets for every male toilet and every urinal is identical to the ratio that is contained in the Wisconsin Commercial Building Code, and is consistent with current national-level building code standards, which have been upgraded in recent years to achieve equal speed of access to toilets, particularly where large numbers of the public congregate.
An Internet-based search of existing and proposed federal regulations did not identify any that address equal speed of access to toilets.
An Internet-based search of adjacent states identified only Minnesota as having statewide rules that specify a ratio of female restroom facilities to male restroom facilities, at public gathering places which are similar to those addressed by the rules proposed here for Wisconsin. The Minnesota rules specify that the ratio of water closets for women to the total of water closets and urinals provided for men must be at least three to two, unless there are two or fewer fixtures for men; and this ratio is applied to places of public accommodation that are designed for occupancy by 200 or more people.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter 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.
Owners or operators of amusement or theme parks; or open arenas for rallies, concerts, exhibits or other assemblies, which are not addressed by the minimum plumbing-fixture requirements in either the Wisconsin Commercial Building Code or the Department's rules for public swimming pools and other water attractions.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
No significant reporting, bookkeeping or other similar procedures are expected.
3. Types of professional skills necessary for compliance with the rules.
None known.
Fiscal Estimate
The proposed rules are expected to apply to only a small number of places, i.e., those which (1) accommodate 500 or more people and are not addressed by the Department's rules for commercial buildings, or for public swimming pools and other water attraction, and (2) have also been voluntarily provided with separate restrooms or other toilet facilities for males and females. Examples of these places include state or local parks, county or district fairs, and open arenas without a permanent structure for assembly, such as those used for rallies, concerts, exhibits or other assemblies.
The fiscal effect of the proposed rules on these state and municipal places is expected to be insignificant, because (1) the rules would apply only where separate restrooms or other toilet facilities are voluntarily provided; (2) unisex toilets can be provided, which would avoid application of the ratio; (3) portable toilets can be used, since the rules do not mandate water-flush toilets; and (4) the rules would not apply to existing places unless new toilets are provided or major renovation of a toilet facility occurs, in which case the rules would apply only to the new or renovated portion.
Contact Person
Paper copies may be obtained without cost from Roberta Ward at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or at
rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Notice of Hearings
Gaming
NOTICE IS HEREBY GIVEN that pursuant to ss.
16.004 (1),
227.11 (2) (a),
563.04 (3) and
(14), and
563.05 (2),
(3) and
(4), Stats., and interpreting ss.
563.04,
563.05,
563.93 and
563.935, Stats., the Department of Administration will hold a public hearing to consider amendments to Chapters
Game 41 to
44 of the Wisconsin Administrative Code, relating to charitable gaming and crane games.
Hearing Information
Date: August 2, 2004
Time: 10:30 am
Location: Eau Claire County Courthouse Room 2550
721 Oxford Avenue
Eau Claire, Wisconsin
Date: August 2, 2004
Time: 6:00 pm
Location: Oshkosh City Hall
Room 404
215 Church Avenue
Oshkosh, Wisconsin
Date: August 3, 2004
Time: 10:30 am
Location: Waukesha Co. Admin. Bldg. - Room 155
1320 Pewaukee Road
Waukesha, Wisconsin
Date: August 3, 2004
Time: 2:30 pm
Location: Wisconsin Division of Gaming
2005 W. Beltline Hwy, Suite 201
Madison, Wisconsin
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, should be directed to: Chris Patton, Department of Administration-Division of Gaming, PO Box 8979, Madison, WI 53708-8979. Written comments must be received by August 4, 2004, to be included in the record of rule-making proceedings.
Analysis Prepared By Department of Administration
The Department proposes to revise its administrative code relating to charitable gaming and crane games. The revision process is in response to
2001 Wis. Act 16, requiring the Department to promulgate rules that allow for the sale of equal shares of a single Class A raffle ticket to one or more purchasers. In addition, the revision process was conducted in order to ensure the Department exercises its regulatory oversight functions in an effective and efficient manner.
Fiscal Estimate
The proposed rule amendments are expected to have no fiscal impact on state or local governments.
Initial Regulatory Flexibility Analysis
The proposed rule amendments are expected to have no significant impact on small business.
A copy of the full text of the rule amendments and fiscal estimate may be obtained free of charge on the internet at
www.doa.state.wi.us/gaming, by contacting the Division of Gaming at (608) 270-2555, or by visiting the Division of Gaming's office at the address listed below.
Contact Person
If you have any questions regarding the rule amendments, please contact:
Brian Whittow
Department of Administration – Division of Gaming
2005 W. Beltline Hwy., Suite 201
PO Box 8979
Madison, WI 53708-8979
Telephone: (608) 270-2555
Notice of Hearing
Insurance
NOTICE IS HEREBY GIVEN that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedures set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting ss.
Ins 2.80,
2.81, and Chapter
Ins 50, Wis. Adm. Code, relating to prescribing mortality tables and actuarial opinions, analysis and reports.
Hearing Information
Date: Monday August 2, 2004
Time: 10:30 a.m., or as soon thereafter
as the matter may be reached.
Place: OCI, 2nd Floor,
125 S. Webster Street, Madison, WI
Written comments or comments submitted through the Wisconsin Administrative Rule website at:
https://adminrules.wisconsin.gov on the proposed rule will be considered. The deadline for submitting comments is 4:00 p.m. on the 7
th day after the date for the hearing stated in this Notice of Hearing.
Written comments should be sent to:
Fred Nepple
Legal Unit - OCI Rule Comment for Rule 2.81
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Analysis
Explanation of the OCI's authority to promulgate the proposed rule:
The proposed rule is promulgated under the commissioner's statutory authority to prescribe valuation of liabilities, non-forfeiture values, and accounting standards and reporting for insurers. The rule is also promulgated under the commissioner's authority to prescribe actuarial reporting and analysis by life insurers.
Related Statutes or rules: The proposed rule amends or references existing rules prescribing valuation of liabilities, non-forfeiture values, and actuarial reporting and analysis under ss.
601.42,
623.02,
623.04,
623.06, and
632.43 and ss.
Ins 2.80 and ch.
50, Wis. Adm. Code.
5. The plain language analysis and summary of the proposed rule:
The proposed rule incorporates the National Association of Insurance Commissioners' (“NAIC") 2001 CSO Table into the current reserve and non-forfeiture valuation laws and rules. The rule would establish the new table as the minimum valuation standard for calculating reserves and nonforfeiture benefits for individual life insurance policies and extended term benefits issued after the effective date. The new table would be optional for newly issued policies until January 1, 2009 and mandatory after that date. The proposed rule also corrects references in the current rule establishing valuation standards (s.
Ins 2.80, Wis. Adm. Code). The primary statutes interpreted by the proposed rule are the Standard Valuation Law (s.
623.06) and the Standard Nonforfeiture Law (s.
632.43).
