Revises Chapter
ATCP 91, relating to selling commodities by weight, measure and count.
Objective of the Rule
Repeal the current methods of sale for commodities, and adopt the methods of sale established by the national institute of standards and technology (NIST) for sale of commodities.
Policy Analysis
DATCP regulates the methods of sale of commodities sold in Wisconsin in ch.
ATCP 91, Wis. Adm. Code. The methods of sale required by DATCP for various types of commodities is different than the NIST guidelines for methods of sale of commodities. The NIST guidelines for methods of sale of commodities have been adopted by 45 other states. Businesses that sell commodities in Wisconsin must adjust their methods from the methods of sale they follow in most other states. The department proposes that it adopt the NIST guidelines for methods of sale of commodities in Wisconsin. By adopting the NIST guidelines, these businesses will be able to save the cost of adjusting their methods to comply with Wisconsin law. In addition, consumers will be more familiar with the Wisconsin methods of sale if they harmonize with those of other states, and uniformity of methods will facilitate compliance efforts.
Policy Alternatives
No change to the current methods of sale for commodities. If the current methods of sale remain in force, these methods will continue to be different than the NIST guidelines followed by most states. Businesses that sell commodities in Wisconsin will continue to be required to adjust their methods of sale in Wisconsin. Wisconsin consumers familiar with methods of sale in other states will still need to adjust their understanding of these methods when purchasing commodities in Wisconsin.
Statutory Authority
Comparison with Federal Regulations
There are no federal laws that establish methods of sale for commodities.
Entities Affected by the Rule
Businesses that sell commodities in Wisconsin will have to adjust their methods of sale to comply with the methods of sale provided by the NIST guidelines and required in most other states.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use approximately 0.1 FTE staff time to develop and adopt this rule. This includes research, drafting, preparing related documents, holding public hearings, and communicating with affected persons and groups. DATCP will assign existing staff to develop this rule.
Insurance
Subject
Revises section
Ins 2.81, Wis. Adm. Code, relating to use of the 1980 CSO Standard Ordinary Life Valuation Mortality Table.
Objective of the Rule
The proposed rule will establish for preneed funeral life insurance products minimum mortality standards for reserves and nonforfeiture values, and require use of the 1980 Commissioners Standard Ordinary (CSO) Life Valuation Mortality Table for use in determining the minimum standard of valuation reserves and the minimum standard nonforfeiture values for preneed funeral insurance products.
Policy Analysis
The existing requirements are contained primarily in s.
623.06 (2) (am) 3., Stats., and s.
Ins 2.80 (4) (a) and
(b), and subch.
V of Ch. Ins 50, Wis. Adm. Code. Section
2.81, Wis. Adm. Code, sets forth the requirements for the use of the 2001 Commissioners Standard Ordinary (CSO) Mortality table by insurers, meeting prescribed conditions, in determining minimum reserve liabilities and minimum nonforfeiture values, which may be used for policies issued on or after January 1, 2005, and before January 1, 2009, and which shall be used for policies issued on or after January 1, 2009. Research completed by the Deloitte University of Connecticut Actuarial Center commissioned by the Society of Actuaries as a part of a study of preneed mortality determined that the 2001 CSO Mortality Table produces inadequate reserves for policies issued to fund funeral services and expenses. Funeral policies are regulated under s.
632.415, Stats. The proposed rule is under consideration as it has been recommended by the NAIC.
Statutory Authority
Comparison with Federal Regulations
The office is unaware of any proposed or existing federal regulation that is intended to address the activities to be regulated by this proposed rule.
Entities Affected by the Rule
The proposed rule will affect insurers which offer preneed funeral life insurance products.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary
Insurance
Subject
Revises section
Ins 6.90, Wis. Adm. Code, relating to designations or certifications purporting to demonstrate special expertise in the financial or retirement needs of seniors and affecting small business.
Objective of the Rule
The purpose of this proposed rule is to set forth standards to protect consumers from misleading and fraudulent marketing practices with respect to the use of senior-specific certifications and professional designations in the solicitation, sale or purchase of, or advice made in connection with an insurance product.
Policy Analysis
Existing law generally prohibits misrepresentation in the sale of insurance. This proposed rule is intended to prohibit Wisconsin intermediaries from using misleading senior designations or certifications.
Statutory Authority
Comparison with Federal Regulations
There is currently no federal regulation of the use of senior specific designations or certifications in the sale of insurance products. The proposed rule is based on a “Model Regulation on the Use of Senior-Specific Certifications and Professional Designations in the Sale of Life Insurance and Annuities" developed by the National Association of Insurance Commissioners (“NAIC Model Regulation") and given final approval by the full NAIC membership, including Wisconsin, at the NAIC's Fall National Meeting in September 2008. The new model follows the approach for regulating senior-specific designations taken in the model rule adopted on April 1, 2008 by the North American Securities Administrators Association (NASAA).
Entities Affected by the Rule
Insurance Intermediaries, organizations providing training and certification for senior-specific designations, and insurers.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Subject
Revises Chapters
NR 10,
16 and
19, relating to housekeeping changes to the rules relating to hunting, trapping and captive wild animals.
Objective of the Rule
These rule changes relate to hunting, trapping and captive wild animals and are minor and unlikely to be controversial. The intent is to correct drafting errors, provide clarification to existing rules, simplify regulations, and update administrative code language and references. Specifically, these rules will clarify ammunition types which may be used for deer hunting, update a cross reference to clarify that hunting is allowed on the day before October or December firearm deer hunts, make earn-a-buck regulations consistent for disabled archery and firearm hunters, update educational trapping opportunity language, update deer transportation rules, update a migratory bird rule cross reference, update and correct trap type and placement rules, and eliminate unit-wide disabled turkey hunter participation limits. Finally, this rule will update wildlife rehabilitation code.
Policy Analysis
Every year the department promulgates a rule order that contains changes that are considered to be minor and non-controversial. This package, known as the annual housekeeping order, helps to correct inaccuracies and clarify existing regulations. Policy issues affected by this rule are ones which have already been addressed decided by previous rulemaking.
Statutory Authority
Comparison with Federal Regulations
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Entities Affected by the Rule
Groups and individuals who are likely to be interested in the outcome of these rule changes include hunters, trappers and wildlife rehabilitators. However, because of the corrective and non-controversial nature of these changes no groups will be significantly impacted.
Estimate of Time Needed to Develop the Rule
150 hours.
Contact Information
Scott Loomans
101 S Webster Street
Madison, WI 53707
608-267-2452
Workforce Development
Subject
Revises section
DWD 301.07 (11) and
(16), relating to migrant labor camps — outside stairways and shower facilities.
Objective of the Rule
DWD is considering changes to the rules for migrant labor camps which would specify that, when the housing consists of a mobile or manufactured home, the exterior stairways shall have handrails, and the housing unit and all exterior stairways and handrails shall be firmly anchored to the ground and to each other, and that stairways and handrails shall be maintained in good repair. DWD is also considering a rule to specify that common use shower facilities for men must be equipped with a movable partition or divider to permit the separation of children from adults. Both of these proposals have come from the Governor's Council on Migrant Labor.
Policy Analysis
The current rules for migrant labor camps contain other requirements for the housing provided to migrant workers, but do not cover these two specific topics.
Statutory Authority
Comparison with Federal Regulations
There is no existing or proposed federal regulation which addresses these issues.
Entities Affected by the Rule
The proposed rule will affect the operators of migrant labor camps, which are subject to annual inspections by the DWD before the issuance of certificates of operation.
Estimate of Time Needed to Develop the Rule
20 hours.
