July 16, 1998 Room 263-B, GEF 1
Thursday 201 E. Washington Ave.
10:00 a.m. Madison, WI
This hearing is held in an accessible facility. If you have special needs or circumstances which may make communication or accessibility difficult at the hearing, please call (608) 266-1340, or Telecommunication Device for the Deaf (TTY) at 608-266-1340, 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 on request by a person with a disability.
Copies of Rule
A copy of the rules to be considered may be obtained from the State Department of Workforce Development, Division of Worker's Compensation, 201 E. Washington Avenue, P.O. Box 7901, Madison, Wisconsin, 53707-7901, by calling (608) 266-1340, or at the appointed times and places the hearings are held.
Interested persons are invited to appear at the hearing and will be afforded the opportunity of making an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing may be submitted no later than July 17, 1998, for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to Richard D. Smith at the address noted above. Written comments will be given the same consideration as testimony presented at the hearing. Persons submitting comments will not receive individual responses.
Analysis of the Proposed Rule
Statutory Authority: ss. 102.15(1) and 102.28(2)(b)
This rule authorizes the Department to expand the duration of self-insurance orders from one year to three years, although the employer's annual reporting requirements for financial and claims information, and the $200 annual fee, are retained. The rule clarifies that the annual fee does not apply to political subdivisions that self-insure. The rule also clarifies the Department's authority to require other timely monitoring reports, particularly those related to the employer's organizational changes.
In Wisconsin, no self-insured employer has ever defaulted on its obligation to pay worker's compensation benefits due to financial problems. Still, under current law, as a condition of self- insurance, the Department typically requires self-insured employers to provide some form of security. This rule establishes standards for determining the amounts and types of security that the Department may require from self-insured employers. It also provides that the Department may call the security provided by the employer and use it to pay and administer that employer's worker's compensation liabilities if the Department has a reasonable basis to believe that the employer is not or will not be able to timely pay its worker's compensation liabilities from other employer resources.
The proposed rule changes are intended to simplify and clarify requirements for employers to be exempted from the need to carry worker's compensation insurance. The rule authorizes the Department to expand the duration of self-insurance orders from one year to three years, even though the employer is still required to report financial and claims information to the Department annually and to pay an annual self-insurance fee of $200. The rule establishes a minimum security requirement for self-insurers of $500,000, unless certain financial criteria are met to exempt the employer from this requirement. The rule also requires employers to use standard Department insurance and security forms. The Department is also granted authority to “call” the employer's security to administer and pay worker's compensation claims for which the employer is liable, if the Department determines the employer is not willing or able to timely meet its worker's compensation claim liabilities. The proposed rule changes do not modify the application fee for employers seeking exemption from the duty to insure, or the annual fee charged to employers already exempted. Therefore, there is no expected increase or decrease in revenue related to fees and assessments. The rule changes will reduce some of the staff work involving the issuance of annual renewal orders, but this will not result in a reduction in staff positions. Other aspects of the proposed rule change will modestly increase the staff workload, especially related to determining appropriate security requirements for self-insurers. The proposed rule changes to s. DWD 80.60 are not expected to have a significant impact on program revenues or expenditures.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Businesses that usually employ 3 or more employes or which pay $500 in a calendar quarter to all employes are subject to the Worker's Compensation Act and this rule.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The rule establishes security standards for self-insured employers for purposes of worker's compensation. Few, if any, small businesses are self-insured.
3. Types of professional skills necessary for compliance with the rules.
Financial. The rule relates to financial security instruments for self-insurance.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade & Consumer Protection (CR 98-14):
Chs. ATCP 32, 33 and 35 - Relating to bulk fertilizer and pesticide storage and agrichemical cleanups.
Chs. ILHR 20-25 - Relating to the Uniform Dwelling Code.
SS. HSS 45.05 (11) and HFS 46.06 (11) - Relating to outdoor play space for children attending day care centers.
Chs. NR 500, 502, 507, 512, 520 and 680 and ss. NR 504.09, 509.07, 514.04 and 620.15 - Relating to solid and hazardous waste management activities.
SS. NR 487.03, 487.05, 487.07, 487.09 and 487.10 - Relating to the clean fuel fleet program to reduce volatile organic compound (VOC) and oxides of nitrogen emissions from fleet vehicles.
Ch. NR 10 and ss. NR 11.10, 15.02, 19.09, 19.30 & 27.03 - Relating to wildlife management housekeeping changes.
Chs. NR 20 & 26 and ss. NR 21.04, 23.05 & 25.10 - Relating to recreational and commercial fishing regulations and fish refuges on the inland, outlying and boundary waters.
Chs. NR 10 & 11 and ss. NR 15.02 & 45.09 - Relating to hunting and trapping.
Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board (CR 97-119):
SS. SFC 1.05 (2) and (4), 11.035, 14.01 (2) and 14.02 (2) - Relating to examination requirements and procedures, academic programs equivalent to master's and doctorate degrees in professional counseling, and temporary certificates for professional counselors.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order affecting ss. S-L 13.03 and DFI-SL 13.03 (3) (d) 6., relating to creating an exception for savings and loan associations to the 10% down payment requirement for mortgage loan made to meet the objectives of the federal Community Reinvestment Act.
Hearing & Speech Examining Board (CR 98-12):
An order affecting chs. HAS 1 to 7, relating to hearing instrument specialists.
An order affecting ss. NR 10.001 and 10.102, relating to bear hunting.
An order creating ch. NR 166, relating to the safe drinking water loan program.
An order creating ch. PI 36, relating to full-time and part-time open enrollment.
An order affecting ch. PI 40, relating to the youth options program.
An order affecting chs. RL 11 to 13, 16 to 18 and 22 to 26, relating to real estate brokers and real estate salespeople.
An order amending s. Trans 276.07 (31), relating to allowing the operation of “double bottoms” (and certain other vehicles) on certain specified highways.
An order affecting s. UWS 18.06, relating to conduct on University lands.
An order affecting chs. VA 1 to 4, 11 and 13, relating to the health care aid grant, retraining grant, primary mortgage loan, economic assistance loan, consumer loan and veterans assistance programs.
The following administrative rule orders have been adopted and published in the June 30, 1998
Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.