Estimates of staff time and other resources needed to develop the rules:
Developing the rule changes--16 hours.
Health & Family Services
Subject:
SS. HFS 172.04 (1m), 175.04 (1m), 178.05 (1m), 195.04 (1m) (a), 196.04 (1m), 197.04 (1m) and 198.04 (1m) - Relating to permit fees for vending of food and beverages, bed and breakfast establishments, restaurants, hotels/motels and tourist rooming houses, campgrounds, and recreational and educational camps.
Description of policy issues:
Description of objective:
The revenue produced by permit fees provides 100% of the support for the Department's regulation and licensing program for these industries. Fee increases are needed to meet the costs of maintaining the existing program.
Description of policies - relevant existing policies, proposed new policies and policy alternatives considered:
The Department and agent local government health departments regulate campgrounds, camps, the operation of swimming pools that serve the public, restaurants, hotels and motels, tourist rooming houses, bed and breakfast establishments and food vending operations under the authority of ss. 254.47 and 254.61 to 254.88, Stats., to ensure that these facilities comply with health, sanitation and safety standards established by the Department by rule. The Department's rules are in chs. HFS 172, 175, 178, 195, 196, 197 and 198, Wis. Adm. Code. None of these facilities may operate without receiving a permit from the Department or an agent local government health department. A permit is evidence that a facility complies with the Department's rules on the date of issuance of the permit. Under the rules, a facility is charged a permit fee which provides support for the regulatory program. The Department by rule raised fees 12% effective July 1, 1994, and 10% effective July 1, 1996. The revenue from permit fees will not be sufficient to fully support the existing staff and technology improvements necessary for the program for fiscal year 1999 and beyond. Policy alternatives to increasing fees include:
a) Allow the appropriation (124) to end in deficit for SFY 99 and future years.
b) Immediately reduce costs associated with the program. (Note: personnel costs represent approximately 70% of the budget. A reduction in staffing would decrease the inspection frequency of facilities beyond the average of approximately once every 18 months.)
c) Re-structure or re-engineer the program long-term to reduce program costs. (Note: the Department has committed to working with agents and the regulated industry to make long-term improvements, including cost reduction, to the program. In addition, the Department is working with the Department of Agriculture, Trade and Consumer Protection to reduce regulatory overlap across the retail food industry. However, these efforts will not be complete in time for the upcoming licensing cycle.)
Statutory authority:
The Department's authority to amend these rules is found in ss. 254.47 (4) and 254.68, Stats.
Estimates of staff time and other resources needed to develop the rules:
One FTE for 8 hours.
Insurance
Subject:
S. Ins 4.10 - Relating to the Wisconsin insurance plan.
Description of policy issues:
A statement of the objective of the proposed rule:
The proposed revision to the existing rule is required to update the rule. A complete revision has not been done since 1981.
A description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
The proposed revision to the rule seeks to update the rule to current terminology and operating procedures of the plan and to incorporate provisions approved by the Office of the Commissioner of Insurance, but not formally incorporated into this rule.
Statutory authority for the rule:
Section 619.01, Stats.
An estimate of the amount of time that state employes will spend to develop the rule and a description of other resources necessary to develop the rule:
40 hours.
Insurance
Subject:
S. Ins 8.07 - Relating to changes in the small group insurance market.
S. Ins 18.05 - Relating to creditable coverage for the Health Insurance Risk-Sharing Plan (HIRSP) program.
Description of policy issues:
A statement of the objective of the proposed rule:
Implement changes to existing small group market rules to comply with changes in state and federal law.
Issue new rules describing creditable coverage requirements for the Health Insurance Risk Sharing Plan as required by state and federal law.
A description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
Current requirements for small group insurance markets are described in ch. 635, Stats., and ch. Ins 8. 1997 Wis. Act 27 changed the definition of a small group, and changed underwriting restrictions to comply with the Health Insurance Portability and Accountability Act of 1996 (HI PAA). 1997 Wis. Act 27 also eliminated the basic benefit plan described in ch. Ins 8, subch. IV.
Existing individual and group market underwriting and policy renewal requirements are described in ss. Ins 3.13, 3.28, 3.31, 6.51, 6.55, and 6.67. 1997 Wis. Act 27 modified creates new portability and renewability requirements to comply with HIPAA.
Current HIRSP eligibility requirements are described in s. 619.12, Stats., and s. Ins 18.05, Wis. Adm. Code. 1997 Wis. Act 27 changed HIRSP eligibility requirements to make HIRSP an acceptable alternative mechanism under HIPAA and requires the Office of the Commissioner of Insurance to issue rules necessary to implement the changes.
A statement of the statutory authority for the rule:
1997 Wis. Act 27 and s. 601.41 (3), Stats.
An estimate of the amount of time that state employes will spend to develop the rule and a description of other resources necessary to develop the rule:
80--100 hours.
Natural Resources
Subject:
NR Code - Relating to a waiver of slow-no-wake requirement for Lake Tombeau in Walworth County.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
A public hearing will be held to determine if the request by Lake Benedict and Lake Tombeau Lake Management Districts to modify the slow-no-wake requirement is justified. If it is justified, the Department will proceed with the rulemaking process. If the request is not justified, the Department will deny the request.
The action does not represent a change from past policy.
Explain the facts that necessitate the proposed change:
Pursuant to s. NR 5.20, the Department is required to hold a public hearing to determine if a rule change is necessary in this situation.
Statutory authority:
S. 30.635, Stats.
Anticipated time commitment:
The anticipated time commitment is 21 hours. One public hearing will be held in December 1997 at Lake Geneva.
Natural Resources
Subject:
Ch. NR 21 - Relating to a re-write of the commercial fishing rules for Wisconsin-Minnesota boundary waters.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
No policy issues identified. Impacted/interested groups include commercial fishers, district attorneys, judges and wardens.
This action does not represent a change from past policy.
Explain the facts that necessitate the proposed change:
The proposed changes will simplify enforcement and adopt changes recommended by courts and prosecutors. Chapter NR 21 will be re-organized and some substantive changes made. For example, closed areas will now use well-recognized boundaries such as highway bridges, rather than sloughs (which change with water levels). Changes are proposed to eliminate unnecessary restrictions which were implemented in the past for nonbiological reasons, such as trespass. Finally, the DNR will eliminate current wording which, in some cases, has an exception where the exception also has an exception to the exception.
Statutory authority for the rule:
SS. 29.085, 29.174 and 227.11 (2) (a), Stats.
Anticipated time commitment:
The anticipated time commitment is 88 hours. Hearing(s) will be held in February 1998 along the Mississippi River, to involve commercial fishers.
Natural Resources
Subject:
NR Code - Relating to implementing the new automated license issuance system.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
The 1997-99 biennial budget requires the Department to promulgate rules regarding the issuance of approvals under the new Automated License Issuance System (ALIS), including both parks vehicle admission receipts and hunting, fishing and trapping approvals. The required rules will address:
a) Which agents (DNR, county clerks, and retail agents) are authorized to issue which receipts and approvals;
b) Agent qualifications and requirements;
c) How annual and daily parks vehicle admission receipts will be affixed;
d) Licensee signature requirements, if any, for each approval;
e) Circumstances under which a person may obtain an approval for another person; and
f) How stamps are to be attached or imprinted on the license.
