Insurance
1. Rules adopted amending s. Ins 3.39 (34)(b)1. and 2., 3.b., and 6., relating to guarantee issue eligibility for Medicare Supplement insurance.
Finding of Emergency
The Commissioner of Insurance finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. Facts constituting the emergency are as follows:
These changes clarify the persons eligible who have the right to have policies guaranteed issued. The changes track the recent revisions in the NAIC (National Association of Insurance commissioners) model Medicare Supplement regulations. In order to provide more certainty and provide guarantee issue to the appropriate persons in Wisconsin, it is necessary that the change be put into effect as soon as possible. In addition, other permanent changes to the Medicare Supplement requirements are effective February 1, 1999 and this change effective the same date will allow insurers to modify their policies one time rather than two.
Publication Date:
January 28, 1999
Effective Date:
February 1, 1999
Expiration Date:
July 1, 1999
Hearing Date:
March 3, 1999
2. Rules adopted amending ss. Ind 17.01 (3) (intro.) and17.28 (6a) repealing and recreating s. Ins 17.28 (6), relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 1999.
Finding of Emergency
The commissioner of insurance (commissioner) finds that an emergency exists and that promulgation of this emergency rule is necessary for the preservation of the public peace, health, safety or welfare. The facts constituting the emergency are as follows:
The commissioner was unable to promulgate the permanent rule corresponding to this emergency rule, clearinghouse rule No. 99-70, in time for the patients compensation fund (fund) to bill health care providers in a timely manner for fees applicable to the fiscal year beginning July 1, 1999.
The commissioner expects that the permanent rule will be filled with the secretary of state in time to take effect September 1, 1999. Because the fund fee provisions of this rule first apply on July 1, 1999, it is necessary to promulgate the fee portion of the rule on an emergency basis. A hearing on the permanent rule, pursuant to published notice thereof, was held on May 17, 1999.
Publication Date:
June 4, 1999
Effective Date:
July 1, 1999
Expiration Date:
November 28, 1999
EMERGENCY RULES NOW IN EFFECT
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
Rules adopted creating s. NR 20.33 (5), relating to special closure of the sturgeon spearing season if harvest reaches or exceeds 80% of the total allowable harvest.
Finding of Emergency
The department of natural resources finds that an emergency exists and rule is necessary for the immediate preservation of the public health, safety or welfare. The facts constituting this emergency are:
Winter water clarity in Lake Winnebago has been improving steadily over the last decade at a rate faster than anticipated, which has substantially increased the potential for overharvest of sturgeon by spearers. Even with the new harvest restrictions passed in 1 996, exceptionally clear water during the 1998 spearing season resulted in a total harvest of 2,051 fish, which was in excess of our total allowable harvest goals. An emergency order is needed to prevent overharvest of sturgeon during the 1 999 season while permanent rules are being developed for implementation in the year 2000.
Publication Date:
February 5, 1999
Effective Date:
February 5, 1999
Expiration Date:
July 5, 1999
Hearing Date:
March 16, 1999
EMERGENCY RULES NOW IN EFFECT
Natural Resources
(Environmental Protection-Water Regulation,
Chs. NR 300-)
Rules adopted creating ch. NR 303, relating to
department determinations of navigability for farm drainage ditches.
Exemption From Finding of Emergency
The Department was directed by the JCRAR under s. 227.26 (2) (b), Stats., to promulgate emergency rules regarding navigability
Analysis prepared by the Department of Natural Resources
Statutory authority: s. 227.26 (2)(b)
Statute interpreted: s. 30.10 (4)(c)
This order codifies present department program guidance for staff making navigability determinations for farm drainage ditches, identifying various methods and information to be relied on when making such determinations.
Publication Date:
May 1, 1999
Effective Date:
May 1, 1999
Expiration Date:
September 28, 1999
Hearing Dates:
June 16 and 17, 1999
EMERGENCY RULES NOW IN EFFECT (2)
Public Service Commission
1. Rules adopted revising ch. PSC 4, relating to small generating plants.
Finding of Emergency
In order to preserve the health, safety, and welfare of Wisconsin ratepayers by ensuring a reliable energy supply in 2000 and beyond, the Commission's review process of proposed new generating plants that are less than 100 MW in size must be amended. A revision is needed so the review process for such projects can be completed in time to allow construction of necessary projects, if approved, by June 1, 2000. Permanent rules cannot be adopted in time to affect the Commission's review period. An emergency rule is necessary to change the Commission's review process immediately.
Publication Date:
January 19, 1999
Effective Date:
January 19, 1999
Expiration Date:
June 18, 1999
Hearing Date:
February 22, 1999
Extension Through:
August 16, 1999
2. Rules adopted creating ch. PSC 186, relating to standards for water and sewer service in mobile home parks.
Exemption From Finding of Emergency
These rules are now being adopted as emergency rules effective May 1, 1999, as directed by section 22(2) of 1997 Wis. Act 229.
Publication Date:
May 1, 1999
Effective Date:
May 1, 1999
Expiration Date:
September 28, 1999
EMERGENCY RULES NOW IN EFFECT
Revenue
A rule was adopted creating s. Tax 11.20, relating to the sales and use tax treatment of machinery and equipment used in waste reduction and recycling activities.
Exemption From Finding of Emergency
On February 25, 1999, the Joint Committee for Review of Administrative Rules, pursuant to s. 227.26, (2) (b), Stats., directed the Department of Revenue to use the emergency rule making process to promulgate as an emergency rule, within 30 days, its policies interpreting s. 77.54 (26m), Stats.
Analysis by the Department of Revenue
Statutory authority: ss. 227.11 (2) (a) & 227.26 (2) (b)
Statute interpreted: s. 77.54 (26m)
Section Tax 11.20 is created to address the sales and use tax exemptions for waste reduction and recycling activities.
Publication Date:
March 27, 1999
Effective Date:
March 27, 1999
Expiration Date:
August 24, 1999
EMERGENCY RULES NOW IN EFFECT(2)
Workforce Development
(Economic Support, Chs. DWD 11-59)
1. Rules adopted renumbering ss. HFS 55.55 to 55.62 and revising ch. DWD 55, relating to background checks for persons involved with certified day care.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
Beginning on October 1, 1998, recently enacted provision in ch. 48, Stats., require the completion of background reviews on caregivers and others who come into contact with clients in the programs operated by caregivers. Although most of these provisions are administered by the Department of Health and Family Services, they also include day care programs certified by the Department of Workforce Development. DWD is adopting this emergency rule so that county and tribal social services agencies and human services agencies will be able to implement the new background review requirements in relation to certified day care programs as they become effective.
Publication Date:
October 1, 1998
Effective Date:
October 1, 1998
Expiration Date:
February 28, 1999
Extension Through:
June 27, 1999
2. Rules adopted renumbering ch. HFS 55 and revising DWD 55, relating to criminal background checks in daycare.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
This represents the most recent amended version of this emergency rule which was first adopted on October 1, 1998. Beginning on October 1, 1998, recently enacted provisions in ch. 48, Stats., require the completion of background reviews on caregivers and others who come into contact with clients in the programs operated by caregivers. Although most of those provisions are administered by the Department of Health and Family Services, they also include day care programs certified by the Department of Workforce Development. DWD is adopting this emergency rule so that county and tribal social services agencies and human services agencies and human services agencies will be able to implement the new background review requirements in relation to certified day care programs as they become effective.
Publication Date:
March 26, 1999
Effective Date:
March 26, 1999
Expiration Date:
August 23, 1999
