Expiration Date:
June 2, 2003
Insurance
Rules adopted amending
s. Ins 3.39, relating to Medicare Supplement insurance policies.
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 and welfare. The 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 model act implementing the Medicare, Medicaid and SCHIP Benefits Improvement and Protection Act (“BIPA"), by January 1, 2003. In order to provide more certainty and provide guaranteed issue to the appropriate persons in Wisconsin, it is necessary that the changes be put into effect as soon as possible. In addition, since insurers are required to be in compliance with the Federal law, implementing this rule effective on the same date will allow insurers to modify their policies one time rather than two.
The Commissioner is sending contemporaneously with this Emergency Rule, the permanent rule, Clearinghouse No. 02-118, to the Legislature for review. A hearing on the permanent rule, pursuant to published notice thereof, was held on November 7, 2002. The Office has received comment and revised the rule as necessary to incorporate comments from the public and as contained within the Clearinghouse Report.
Publication Date:
December 16, 2002
Effective Date:
December 16, 2002
Expiration Date:
May 14, 2003
Natural Resources (4)
(Fish, Game, etc., Chs. NR 1-)
1.
Rules adopted revising
chs. NR 10 and 45, relating to the control and management of chronic wasting disease.
Finding of emergency
The emergency rule procedure, pursuant to s.
227.24, Stats., is necessary and justified in establishing rules to protect the public health, safety and welfare. The state legislature has delegated to the department rule-making authority in
2001 Wisconsin Act 108 to control the spread of Chronic Wasting Disease (CWD) in Wisconsin. CWD poses a risk to the health of the state's deer herd and citizens and is a threat to the economic infrastructure of the department, the state, it citizens and businesses.
Publication Date:
July 3, 2002
Effective Date:
July 3, 2002
Expiration Date:
November 30, 2002
Hearing Date:
August 12, 2002
Extension Through:
April 1, 2003
2.
Rules adopted repealing and recreating
s. NR 20.20 (49) (d) and (61) (c), relating to the closure of carp fishing on Cedar Lake and connected waters in Polk and St. Croix counties.
Finding of emergency
The Department of Natural Resources finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting the emergency is:
Spring viremia of carp virus is of international animal health concern. The virus effects fishes in the minnow family in nature. Minnows are extremely important forage fish for many important sport fishes in Wisconsin and are also important to the bait and aquaculture industries. Assuring the health of minnow populations and preventing the spread to other waters is important in preserving the welfare of Wisconsin citizens by protecting popular and economically valuable sport and bait fisheries. Little is currently known about the extent of the virus and until we can increase our knowledge, this closure will limit the potential spread from transport of fish and/or their parts and fluids.
Publication Date:
October 3, 2002
Effective Date:
October 3, 2002
Expiration Date:
March 2, 2003
Hearing Date:
November 11, 2002
Finding of emergency
The waters of Lake Superior were not part of the extensive off-reservation treaty rights litigation known as the Voigt case. The parties stipulated that the Lake Superior rights would be dealt with, to the extent possible, by agreement rather than litigation. This rule represents the implementation of the most recent negotiated amendments to the agreement between the State and the Red Cliff and Bad River Bands. These amendments incorporate the results of a new population estimate that was not available previously. In order to comply with the terms of the agreement, the State must change its quotas and commercial fishing regulations at the earliest possible date. Failure of the State to do so will not only deprive state fishers of increased harvest opportunities available under the agreement, but could also jeopardize the agreement, putting the entire Lake Superior fishery at risk of litigation.
Publication Date:
November 1, 2002
Effective Date:
November 1, 2002
Expiration Date:
March 31, 2003
Hearing Date:
December 13, 2002
4.
Rules adopted revising
chs. NR 16 and 19 and creating
ch. NR 14, relating to captive wildlife.
Finding of emergency
2001 Wis. Act 56 was not enacted until April of 2002. It required standards for captive animals held under licenses issued under ch.
169, Stats., to be in place by January 1, 2003, the effective date of the change from licensing under ch.
29, Stats., to ch.
169, Stats. As the use of the permanent rule process would not allow these standards to be in place by January 1, 2003, the Department had no choice but to use the emergency rule procedures. Failure to have standards in place would result in the lack of humane care standards for wild animals held in captivity and the lack of pen standards necessary to prevent the interactions between captive and wild animals.
Publication Date:
December 20, 2002
Effective Date:
January 1, 2003
Expiration Date:
May 31, 2003
Nursing
Rules adopted creating
s. N 4.10, relating to malpractice insurance coverage for nurse-midwives.
Exemption from finding of emergency
Under Section
13 of
2001 Wisconsin Act 52, the Board of Nursing is directed to use the procedure under s.
227.24, Stats., in promulgating the rules required under s.
441.15 (5) (b) of the statutes. Under that procedure, the Board of Nursing may promulgate this rule for the period before permanent rules become effective. The Board of Nursing need not provide evidence of the necessity of preservation of the public peace, health, safety, or welfare in promulgating this rule.
Analysis prepared by the Department of Regulation
2001 Wisconsin Act 52 makes a number of changes to the provisions affecting nurse-midwives, including that licensed nurse-midwives carry malpractice insurance in an amount determined by rules to be promulgated by the Board of Nursing. This rule establishes those requirements relating to malpractice coverage for nurse-midwives.
Using the procedure under s.
227.24, Stats., the Board of Nursing will promulgate the rules as created by
2001 Wisconsin Act 52, for the period before permanent rules become effective.
Publication Date:
November 5, 2002
Effective Date:
November 5, 2002
Expiration Date:
April 4, 2003
State Treasurer
Rules adopted creating
ch. Treas 1 relating to the Wisconsin College Savings Program Board.
Exemption from finding of emergency
Analysis prepared by the Office of the State Treasurer
Statutes interpreted: s.
14.64 et seq., Stats.
The Wisconsin College Savings Program Board establishes a rule for the operation of the College Savings Program. The rule is designed to grant flexibility to program participants wherever possible, while enabling the State and its private-sector partners to administer the program in a manner that protects the program's financial integrity and viability. Maintaining eligibility as a “qualified tuition program" pursuant to section
529 of the Internal Revenue Code [
26 USC 529] is another primary objective. “529" programs are eligible for a number of federal tax benefits that are attractive to families saving for future college costs. Significant features of the rule are addressed below:
Sections
Treas 1.03,
1.04 and
1.05 describe who may open an account and how to open an account. Section
Treas 1.06 discusses designating a successor owner and describes how to change ownership of an account. Sections
Treas 1.07 and
1.08 define the account beneficiary and how to change the beneficiary on an account.
Section
Treas 1.09 details how to make contributions to an account, including minimum and maximum contribution limits, and how to “rollover" an account balance to another section 529 program. IRS requirements relating to investment direction are also detailed.
Sections Treas 1.11, 1.12 and 1.13 describe account withdrawals, distributions and refunds. Special circumstances
are also provided for in these sections, such as the death or disability of the beneficiary or receipt of a scholarship by a beneficiary. Section
Treas 1.14 sets forth conditions under which the Board may terminate an owner's account. Sections
Treas 1.15 and
1.16 address related fees and penalties.
Publication Date:
January 7, 2002
Effective Date:
January 7, 2002
Hearing Date:
March 5, 2002
Veterans Affairs
Rules adopted amending
s. VA 12.02 (7) and (16), relating to the maximum loan amount under the personal loan program.
Finding of Emergency
The Department of Veterans Affairs finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is as follows:
The Department administers a personal loan program that may be used by veterans and their dependents for various statutory purposes. The purposes include debt consolidation, payment of delinquent child support, education expenses, and medical and funeral expenses, and the purchase of a mobile home or business property. The current maximum loan amount, set by the Department at sec. VA 12.02 (7), Wis. Adm. Code, is $10,000. The permissible statutory maximum loan amount may be $15,000, as set by the Department by administrative rule.
The Department proposes to raise the amount to the statutory maximum for several compelling reasons. Raising the maximum loan amount will help stimulate the economy by providing additional resources for veterans and their families. Due to the state of the economy, veterans and their families have a significant need for financial assistance in the form of below market interest rate loans. Additionally, the personal loan program is the primary source of revenue for the veterans trust fund. Immediate infusion of additional assets in the form of personal loans will provide significant financial support for the trust fund. It is expected that increasing the maximum loan amount will result in approximately $4,000,000 of new loan assets over the 8-month period in which it would take to promulgate this rule change using the regular promulgation procedure.
Publication Date:
August 5, 2002
Effective Date:
August 5, 2002
Expiration Date:
January 2, 2003
Hearing Date:
December 6, 2002
Extension Through:
March 2, 2003
Workforce Development
(Public Works Const. Contracts, Chs.
DWD 290-
294)
Rules adopted amending
s. DWD 290.155 (1), relating to the annual adjustment of thresholds for application of prevailing wage rates.
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, or welfare. A statement of facts constituting the emergency is:
The Department of Workforce Development is acting under its statutory authority to annually adjust thresholds for the application of prevailing wage laws on public works projects. The thresholds are adjusted in accordance with any change in construction costs since the last adjustment. The last adjustment was initially by emergency rule in January 2002 based on changes in the construction cost index in 2001. The Department uses the construction cost index in the December issue of the Engineering News-Record, a national construction trade publication, to determine the change in construction costs over the previous year. The current construction cost index indicates a 2.7% increase in construction costs in 2002. This increase in construction costs results in an increase in the threshold for application of the prevailing wage laws from $36,000 to $37,000 for single-trade projects and from $175,000 to $180,000 for multi-trade projects.
If these new thresholds are not put into effect by emergency rule, the old thresholds will remain effective for approximately 7 months, until the conclusion of the permanent rule-making process. Between January 1, 2003, and August 1, 2003, a single-trade project with a minimum estimated project cost of more than $36,000 but less than $37,000 or a multi-trade project with an estimated cost of more than $175,000 but less than $180,000 would not be exempt from the prevailing wage laws, as they would be if the emergency rule were promulgated. The threshold adjustments for application of the prevailing wage laws are based on national construction cost statistics and are unlikely to be changed by the permanent rule-making process. The Department is proceeding with this emergency rule to avoid imposing an additional administrative burden on local governments and state agencies.
Publication Date:
December 27, 2002
Effective Date:
January 1, 2003
Expiration Date:
May 31, 2003
