Register

Copies of the Rule & Fiscal Estimate

Copies may be obtained from:

Meg Gunderson, Services Section, OCI

P.O. Box 7873, 121 East Wilson Street

Madison Wisconsin 53707-7873

Phone: [phone]

Analysis prepared by the Office of the Commissioner of Insurance

Statutory authority: ss. 600.01 (2), 601.41 (3), 601.42 and 628.34 (12)

Statutes interpreted: ss. 600.01, 628.34 (12), 632.745, 632.76, 632.747, 632.749, 632.896 and 635.11

1995 Wis. Act 289 (“W-2” legislation effective May 1, 1997) extends protections previously afforded small employers to the self-employed and employers of 26 or more employes. These protections include portability and limits on preexisting condition exclusions (s. 632.745, Stats.), guaranteed acceptance (s. 632.747, Stats.), contract termination and renewability (ss. 632.749 and 635.11, Stats.)

This rule makes changes to existing Insurance Commissioner's administrative rules to implement the provisions of 1995 Wis. Act 289. In general, this rule extends the protections of portability, limitations on preexisting condition exclusions, guaranteed acceptance and renewability to the self-employed, and to employers of 26 or more employes as required by Wis. Act 289. Statutory references have been corrected in this rule as well to reflect the statutes repealed and revised by Wis. Act 289.

Fiscal Estimate

The guaranteed acceptance, preexisting conditions and portability, contract termination and renewability provisions of 1995 Wis. Act 289 (“W-2” legislation) require regulatory oversight and rule changes by the Office of the Commissioner of Insurance. The additional regulatory functions do not require additional resources.

Initial Regulatory Flexibility Analysis

This rule will have no effect on a substantial number of small businesses.

Notice of Hearing

Commissioner of Insurance

The Commissioner of Insurance, pursuant to the authority granted under s. 601.41 (3), Stats., and according to the procedures under s. 227.18, Stats., will hold a public hearing at the time and place indicated below or as soon thereafter as the matter may be reached, to consider the creation of s. Ins 2.80, Wis. Adm. Code, relating to valuation of reserve liabilities for life insurance.

Hearing Information

January 17, 1997   Room 23

Friday   121 East Wilson St.

2:00 p.m.   MADISON, WI

Fiscal Estimate

There will be no state or local government fiscal effect.

Initial Regulatory Flexibility Analysis

This rule does not impose any additional requirements on small businesses.

This rule will not have an effect on small businesses.

Contact Person

A copy of the text of the proposed rule and fiscal estimate may be obtained from:

Meg Gunderson, Services Section

Telephone [phone]

Office of the Commissioner of Insurance

121 East Wilson Street

P. O. Box 7873

Madison, WI 53707-7873

Analysis Prepared by the Office of the Commissioner of Insurance

Statutory authority: ss. 601.41, 623.02, 623.04 and 623.06

Statutes interpreted: ss. 601.41, 623.02, 623.04 and 623.06

This proposed rule creates guidelines for insurers on the valuation of reserve liabilities for life insurance policies issued with nonlevel premiums or benefits, and the valuation of reserve liabilities for universal life policies with secondary guarantees. The rule also creates new tables of select mortality factors and rules for their use by insurers in the valuation of all types of life insurance policies. With the exception of renumbering and combining some paragraphs, this rule is identical to the National Association of Insurance Commissioners (“NAIC”) Valuation Of Life Insurance Policies Model Regulation or XXX adopted March 12, 1995.

Notice of Hearing

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

Notice is hereby given that pursuant to ss. 29.085, 29.174(3), 29.33(1) and 227.11(2)(a), Stats., interpreting ss. 29.085, 29.174(2)(a) and 29.33(1), Stats., the Department of Natural Resources will hold a public hearing on revisions to ss. NR 20.02(1)(c), 20.03(1)(k)2. and 25.06(2)(b)1., Wis. Adm. Code, relating to sport and commercial fishing for yellow perch in Lake Michigan. The proposed rule closes the annual sport fishing season for yellow perch in Green Bay and its tributaries from March 16 through May 19. The total allowable annual commercial harvest of yellow perch from zone 1 of Green Bay is decreased from 300,000 pounds to 200,000 pounds.

Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

a. Types of small businesses affected: Commercial fishers in Green Bay

b. Description of reporting and bookkeeping procedures required: No new procedures

c. Description of professional skills required: No new skills

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

January 21, 1997   Room 604

Tuesday   Green Bay City Hall

at 4:00 p.m.   100 N. Jefferson St.

  Green Bay

Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call William Horns at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Written Comments

Written comments on the proposed rule may be submitted to Mr. William Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than January 31, 1997. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [FM-3-97] and fiscal estimate may be obtained from Mr. Horns.

Fiscal Estimate

Fiscal Impact

These rule changes will have no fiscal impact on either state or local units of governments. The following assumptions were used in arriving at the fiscal estimate for these rule changes:

1. The proposed rules do not affect relations with local units of government or other state agencies.

2. No additioanl liability or revenue fluctuations are envisioned.

3. No additional staffing is required by state or local units of government.

4. State DNR law enforcement officers will enforce the rules in their normal course of duty.

5. No fee collection is involved in these rule changes.

Notice of Hearing

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

Notice is hereby given that pursuant to ss. 29.415(6m)(e) and 227.11(2)(a), Stats., interpreting s. 29.415(6m)(e), Stats., the Department of Natural Resources will hold a public hearing on the creation of s. NR 27.07, Wis. Adm. Code, relating to notice of receipt of an application to incidentally take an endangered or threatened species. 1995 Wis. Act 296 established authority in the Department to consider applications for and to issue permits authorizing the incidental take of an endangered or threatened species while a person is engaged in an otherwise lawful activity. The law requires the Department to establish a list of organizations, including nonprofit conservation groups, that have a professional, scientific or academic interest in endangered species or in threatened species. It further provides that the Department then give notification of proposed takings to those organizations and establish a procedure for receipt of public comment on the proposed taking.

The proposed rule lists a number of organizations the Department is familiar with as being interested in endangered and threatened species; a notification procedure to be used to notify them, and others, of a proposed taking; and a public comment procedure to be used for consideration of public comments. The notification procedure is not limited to mail distribution, but is broad to allow other forms of notification, such as electronic mail.

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.

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.

Notice is hereby further given that pursuant to ss. 29.415(6m)(e), 227.11(2)(a), Stats., and Section 12m, 1995 Wis. Act. 296, interpreting s. 29.415(6m)(e), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. ER-55-96(E) relating to notice of receipt of an application to incidentally take an endangered or threatened species. This emergency order took effect on November 18, 1996. The emergency order implemented a procedure for the Department to follow in processing applications for incidental take.

Hearing Information

Notice is hereby further given that the hearing will be held on:

January 14, 1997   Room 511, GEF #2

Tuesday   101 South Webster Street

at 1:00 p.m.   Madison

Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Carol Turner at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.