The proposed rule will affect insurers, general agencies and independent agencies. It will also affect individual insurance intermediaries.
Comparison with Federal Regulations
The Office expects that the proposed rule will be drafted so as to coordinate with regulations of the National Association of Security Dealers (“NASD") that address supervision systems for the sales of securities. Some insurance products, particularly variable annuities, are subject to those rules.
The NASD is a self-regulating organization established under the Securities Exchange Act of 1934. NASD Conduct Rule 3010, requires members (security brokers) to establish a system and develop, maintain, and implement written procedures to supervise the activities of each registered representative, reasonably designed to achieve compliance with applicable securities laws, regulations and association rules. Conduct Rule 3010 requires, at a minimum that members designate qualified supervisors with appropriate authority to monitor and review compliance requirements with each registered representative, to implement appropriate practices such as records inspections and compliance audits to detect violations, and to take appropriate action. Members must periodically review the supervisory systems and procedures to ensure they are current and adequate.
Public Instruction
Subject
Objective of the rule. Modify s.
PI 11.36 (6), relating to specific learning disabilities as required by federal law and modify PI 11.36 (11), relating to significant developmental delay as permitted by federal law.
Policy Analysis
As specified in IDEA, the evaluation procedures relating to the identification of specific learning disabilities provide that: 1) States may not require the use of significant discrepancy as part of a determination of SLD, 2) States must permit the use of a process based on a child's responses to scientifically-based intervention as part of its determination of a SLD, and 3) States may permit the use of other alternative research-based procedures to determine whether a child has a SLD. IDEA also added reading fluency skills as an area of identification for SLD.
IDEA also permits the identification of children with significant developmental delay through the age of nine rather than six.
Statutory Authority
Entities Affected by the Rule
LEAs that provide programs to children with disabilities in Wisconsin.
Comparison with Federal Regulations
The modified rule will parallel the new federal requirements for SLD under
20 U.S.C. 1401 (30) and
1414 (b) (6) and will be consistent with federal authority related to SDD under
20 U.S.C. 1401 (3) (b).
Staff Time Required
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed to create the rule language itself will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than six months to complete.
Revenue
Subject
Chapters
Tax 61 and
Tax 63, relating to technical improvements in both chapters and to the implementation of changes to Wisconsin Lottery retailer billing terms, consistent with Section 2427 b. of
2005 Act 25, as it amends s.565.10 (15), Stats.
Entities Affected by the Rule
Retail organizations that sell lottery products will be affected.
Comparison with Federal Regulations
The department is not aware of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Policy Analysis
Objective of the rule. The objectives of the proposed rule are to create provisions for future billing terms to be offered to retailers consistent with Section
2427b of
2005 Act 25, to offer additional shipping options at cost to the retailer in situations where the retailer desires additional shipping options, and to remove minor requirements that currently exist in the Retailer Performance Program (RPP) which the Lottery has determined are not consistent with the program intent. And last, the proposal will also create rules that satisfy the voluntary non-disclosure requirements of
2003 Act 145, and will also clean up minor technical problems in both chapters.
Current policies are being updated to align to new statutory law, and to provide better customer service options to the retailers of Lottery product.
Statutory Authority
Staff Time Required
It is estimated that approximately 140 hours of staff time will be required to develop this rule order.
Workforce Development
Subject
Chapter
DWD 56, child care rates
Policy Analysis
Each county or tribal agency annually establishes maximum reimbursement rates for child care services provided to eligible individuals by licensed and certified child care providers, unless the Department sets multi-county rates. The Department or each county sets the rates based on a survey of all licensed providers that determines the child care prices the providers charge the general community. The maximum reimbursement rate for licensed providers is set so that at least 75% of the number of places for children within the licensed capacity of all child care providers in the county can be purchased at or below that maximum rate. Separate maximum rates are set for licensed group child care centers, licensed family child care centers, Level I certified family child care providers, and Level II certified family child care providers. Separate maximum rates are also set for children in various age groupings. The current rates are multi-county rates set by the Department in 2006.
In past years, the adjusted rates based on the annual survey have generally become effective January 1 of the new year. The Department has issued an emergency rule that provides that the rates will not be adjusted for the year beginning January 1, 2007, and the rates effective on December 31, 2006, will remain in effect. This is the corresponding proposed permanent rule.
Statutory Authority
Entities Affected by the Rule
Families who receive assistance under the child care subsidy program and child care providers who care for children of these families
Comparison with Federal Regulations
Under
45 CFR 98.43, a state must certify that state payment rates for the provision of child care services funded under the Child Care and Development Fund are sufficient to ensure equal access to child care services for eligible families as families not eligible for child care assistance. At a minimum, the state must show that it considered 3 key elements in determining that its child care program provides equal access for eligible families: 1) Adequate payment rates based on a local market rate survey conducted no earlier than two years prior to the effective date of the current plan; 2) Choice of the full range of categories and types of providers; and 3) Affordable copayments.
In the commentary issued with the regulation, the Administration for Children and Families notes that rates established at least at the 75th percentile of the market rate would be regarded as providing equal access. Under the former title IV-A child care program, states were required to set rates at this level. (63 FR 39936, 39959, July 24, 1998)
Staff Time Required
60 hours.
