January 1, 1998 Premium Adjustment Correction
The Commissioner of Insurance, based on the recommendation of the Health Insurance Risk-Sharing Plan (HIRSP) board, is required to set the annual premiums by rule. The rates must be calculated in accordance with generally accepted actuarial principles. An emergency rule, already promulgated and published, adjusts the non-subsidized premium rates effective January 1, 1998. This emergency amendment corrects 4 errors in the published rate table.
Exemption From Finding of Emergency
Pursuant to s. 619.14 (5)(e) Stats., the commissioner is not required to make a finding of an emergency to promulgate this emergency amendment to an emergency rule.
Publication Date:
December 12, 1997
Effective Date:
January 1, 1998
Expiration Date:
June 1, 1998
EMERGENCY RULES NOW IN EFFECT
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
Rule adopted creating s. NR 27.07, relating to notice of receipt of an application to incidentally take an endangered or threatened species.
Exemption From Finding of Emergency
1995 Wis. Act 296 establishes authority in the department of natural resources to consider applications for and issue permits authorizing the incidental take of an endangered or threatened species while a person is engaged in an otherwise lawful activity. Section 29.415 (6m) (e), Stats., as created, requires the department to establish by administrative rule a list of organizations, including nonprofit conservation groups, that have a professional, scientific or academic interest in endangered species or in threatened species. That provision further provides that the department then give notification of proposed takings under that subsection of the statutes 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.
Publication Date:
November 18, 1996
Effective Date:
November 18, 1996
Expiration Date:
See section 12m, 1996 Wis. Act 296
Hearing Date:
January 14, 1997
EMERGENCY RULES NOW IN EFFECT
Public Defender
A rule was adopted amending s. PD 3.038 (2), relating to the calculation of indigency.
Finding of Emergency
The State Public Defender Board finds that an emergency exists and that the following rule is necessary for the immediate preservation of the public peace, health, safety or welfare. The statement of facts constituting the emergency is as follows:
The following emergency rule establishes the criteria to be used when determining whether a participant in the Wisconsin works (W-2) program qualifies for public defender representation. W-2 replaces aid to families with dependent children (AFDC) and, pursuant to s. 49.141 (2) (b), Stats., goes into effect on September 1, 1997. Although the Office of the State Public Defender (SPD) has rules governing eligibility for public defender representation of AFDC participants, it does not have rules governing the eligibility of W-2 participants. Because W-2 goes into effect on September 1, 1997, and it will be several months before a permanent rule is in place, it is essential that the following rule be promulgated as an emergency rule.
Publication Date:
September 15, 1997
Effective Date:
September 15, 1997
Expiration Date:
February 13, 1998
Hearing Date:
October 27, 1997
EMERGENCY RULES NOW IN EFFECT
Veterans Affairs
Rules were adopted revising ch. VA 12, relating to the personal loan program.
Exemption From Finding of Emergency
1997 Wis. Act 27, s. 9154 authorizes the department to promulgate rules for the administration of the personal loan program using the emergency rule procedures without providing evidence of the necessity of preservation of the public peace, health, safety or welfare.
Analysis
By repealing and recreating ch. VA 12, Wis. Adm. Code, the department establishes the underwriting and other criteria necessary for the administration of the personal loan program. The personal loan program was authorized by the legislature and governor through the amendment of s. 45.356, Stats., upon enactment of 1997 Wis. Act 27.
Publication Date:
October 17, 1997
Effective Date:
October 17, 1997
Expiration Date:
March 17, 1998
Hearing Date:
January 9, 1998
Statements of Scope of Proposed Rules
Administration (Gaming Board)
Subject:
SS. WGC 13.05 (3) (a) and 13.15 (4) (c) - Relating to license fees for kennel owners at greyhound racetracks.
Description of policy issues:
Statement of the objective of the proposed rule:
The Department of Administration proposes to amend s. WGC 13.05 (3) (a), Wis. Adm. Code, reducing the cost of a kennel owner's license fee from $750 to $350 and to repeal s. WGC 13.15 (4) (c), requiring a kennel owner to obtain a license for each racetrack in which they own and operate a kennel.
Description of policy issues:
The Department of Administration is responsible for setting license fees as provided in s. 562.05 (2), Stats. The kennel owner license fee is reduced to assist the Wisconsin racetracks in recruiting racing kennels to operate in Wisconsin. The current fee is cost prohibitive to the kennels and therefore they decline booking agreements in Wisconsin and pursue booking agreements in other states. Additionally, the kennel owner license was a license that was racetrack specific: most other licenses are valid at all Wisconsin racetracks.
Statement of the statutory authority for the rule:
SS. 562.02 (1) and 562.05 (2), Stats.
Staff time required:
The Department of Administration estimates 20 - 30 hours to promulgate this rule.
Commerce
Subject:
Ch. Comm 110 - Relating to the brownfields grant program.
Description of policy issues:
Description of the objective of the rule:
The 1997 Wis. Act 27 created s. 560.13, Stats., which authorizes funds to be appropriated by the Department of Commerce to administer a brownfields grant program.
The act specifically requires the Department to promulgate rules:
□ For issuing grants to a person, municipality and local development corporation for brownfields redevelopment and associated remediation activities, if the recipient uses grants for brownfields redevelopment or associated environmental remediation, and if the recipient contributes to the cost of the project.
□ That prescribe the amount of grants that can be awarded, based on a percent of the total grant that is set by statute.
□ That include criteria for the awarding of grants on the basis of projects that promote economic development, positive effects on the environment, the amount and quality of the recipient's contribution to the project, and innovative proposals for remediation and redevelopment.
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 brownfields grant program will compliment other brownfield-related initiatives undertaken by the Department.
Statutory authority for the rule:
S. 560.13, Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
The time estimated to develop the rule is as follows:
Rule drafting and internal processing to
announce public hearings 50 hours
Conducting public hearings and
summarizing hearing comments 20 hours
Preparing rules in final draft form for
legislative review 15 hours
Meet with legislators on subject rules 8 hours
Prepare rule for adoption and file
adopted rule 4 hours
Total = 97 hours
Commerce
Subject:
Chs. Comm 122 and 128 - Relating to the physician loan assistance program and the health care provider loan assistance program.
Description of policy issues:
Description of the objective of the rule:
The Department of Commerce proposes to repeal and create chs. Comm 122 and 128, relating to the Physician and Health Care Provider Loan Assistance Programs. The revised rules will:
g Provide clarification as to what constitutes an “educational loan” and “mental health shortage area.”
g Establish additional criteria to be used in prioritizing applicants for awards.
g List the requirements for the application process.
g Define what constitutes a breach of agreement between the provider and the Department.
