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 will modify the rule in light of the recent Supreme Court decisions,
Rebernick v American Family Mutual Ins Company, 2006 WI 27 and
Rocker v USAA Casualty Ins Company,
2006 WI 26. In Rebernick, the court held that s.
632.32 (4m), Stats, applies to personal umbrella policies. In Rocker, the court held that s.
632.32 (6) (a), Stats, applies to commercial general liability policies and commercial umbrella policies. These interpretations are inconsistent with current insurer practices and OCI's expectation of what would be covered in these types of policies.
Compliance with this interpretation would create significant, if not impossible compliance problems for insurers. Many insurers who write umbrella coverage do not write and are not even licensed to write automobile coverage. A second, difficult issue is that the limits for umbrella coverages are generally very high, $1,000,000. It is unclear how an umbrella policy would reconcile these limits with the underlying auto policy and underinsured motorist coverage. For this reason, OCI had previously by rule exempted umbrella policies from the similar requirements of the uninsured motorist coverages in s.
632.32, Stats. For similar reasons, the same revision is being made for commercial liability policies.
Publication Date:
September 29, 2006
Effective Date:
September 29, 2006
Expiration Date:
February 26, 2007
Hearing Date: December 11, 2006
Natural Resources (2)
(Fish and Game, etc., Chs.
NR 1—)
1.
Rules adopted amending
s. NR 1.21 and creating
s. NR 1.26, relating to contracting for timber sale establishment services on state land.
Exemption from finding of emergency
As provided in section
13 of
2005 Wis. Act 166, “Notwithstanding section
227.24 (1) (a) and
(3) of the statutes, the department is not required to provide a finding of emergency for a rule promulgated under this subsection."
Section 1 of the proposed rule distinguishes between timber sales related tasks that can be contracted and functions that Department staff must perform to protect the resource and assure compliance with regulations and property master plans. The purpose is to divide technical activities that are appropriate for contracting from administration of finance, policy and compliance issues. The rule defines bidding and payment procedures for the contracted services, including prequalification of bidders based on experience with timber sales and related forest inventory work. Section 2 makes technical corrections in the definition of educational requirements for cooperating foresters. The change would make educational requirements for cooperating foresters and department foresters identical, including the allowance of training equivalent to that obtained at a college accredited by the Society of American Foresters.
Publication Date:
February 6, 2007
Effective Date:
February 6, 2007
Expiration Date:
July 6, 2007
Hearing Date: March 21, 2007
2.
Rules adopted creating
s. NR 45.075, relating to declaring natural emergencies on forested lands owned by the state and under the jurisdiction of the department.
Exemption from finding of emergency
As provided in section
13 of
2005 Wis. Act 166, notwithstanding s.
227.24, Stats., the Department is not required to provide a finding of emergency for this rule and the emergency rule will remain in effect until a permanent rule is promulgated.
Rule FR-11-07(E) specifies those emergencies on forested land under the jurisdiction of the department over which the chief state forester shall have management authority. This rule describes causes of unforeseen damage or threat of damage to trees that could lead the chief state forester to declare an emergency and assume management authority. Included in the list of damaging agents that could lead to the declaration of an emergency are those required by the legislature: invasive species, pest infestation, disease, and damage to timber from fire, snow, hail, ice, or wind. The rule states that when declaring and responding to an emergency, the chief state forester shall consider the purpose of and management plan for the affected property in his or her decisions. This rule, however, would allow the chief state forester to take actions not described in the management plan for a property if that were the most appropriate response to the emergency. Finally, this rule describes the processes by which the declaration of the state of emergency shall be made effective, canceled or modified.
Publication Date:
February 6, 2007
Effective Date:
February 6, 2007
Expiration Date:
July 6, 2007
Hearing Date: March 21, 2007
Optometry Examining Board
A rule was adopted creating
ch. Opt 8, relating to continuing education.
Exemption from finding of emergency
“(3) Continuing education rules. (b)
…Notwithstanding section
227.24 (1) (a),
(2) (b), and
(3) of the statutes, the optometry examining board is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph."
Plain language analysis
Chapter
Opt 8 is being created to incorporate the continuing education requirements that optometrists must complete in order to renew their registrations. As a result of the changes made to ch.
449, Stats., by
2005 Wisconsin Act 297, all optometrist will now be required to complete 30 hours of continuing education. Previously, only optometrists who were certified to use diagnostic pharmaceutical agents (DPA) and therapeutic pharmaceutical agents (TPA) were required to complete continuing education course work.
Publication Date:
November 8, 2006
Effective Date:
November 8, 2006
Expiration Date:
April 7, 2007
Hearing Date: December 7, 2006
Extension Through:
June 5, 2007
Regulation and Licensing
Rules adopted creating
chs. RL 160 to 168, relating to substance abuse professionals.
Exemption from finding of emergency
Section
9140 (1q) of
2005 Wisconsin Act 25 states in part: “Notwithstanding section
227.24 (1) (a),
(2) (b), and
(3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection."
Plain language analysis
2005 Wisconsin Act 25 created Subchapter VII of chapter 440, Stats., Substance Abuse Counselors, Clinical Supervisors, and Prevention Specialists. This Act transferred the certification and regulation of Alcohol and other Drug Abuse (AODA) counselors from the Department of Health and Family Services to the Department of Regulation and Licensing, effective 2006. This proposed rule-making order creates rules relating to definitions, requirements for certification, supervised practice, scope of practice, education approval and professional liability insurance for substance abuse professionals.
Publication Date:
November 27, 2006
Effective Date:
December 1, 2006
Expiration Date:
April 30, 2007
Hearing Date: February 13, 2007
Transportation
Rules adopted revising
ch. Trans 276, relating to allowing the operation of certain 2-vehicle combinations on certain highways without a permit.
Exemption from finding of emergency
The Legislature, by Section
7 of
2005 Wis. Act 363, provides an exemption from a finding of emergency for the adoption of the rule.
Plain language analysis
Section
348.07 (1), Stats., historically has limited vehicle lengths on Wisconsin highways to 65 feet. Section
348.07(2), Stats., allowed vehicles meeting the specifications of that subsection to operate without permits despite exceeding the 65-foot limit of subsection (1).
2005 Wis. Act 363 amended s.
348.07, Stats., and essentially made 75 feet the default permitted length on the state trunk highway system. Wisconsin's old default 65-foot overall length limit still applies on all local roads but only applies to state trunk highways that are designated as 65-foot restricted routes by the Department. This emergency rule making establishes a preliminary list of such “65-foot restricted routes."
Prior to Act 363, s.
348.07 (4), Stats., permitted the Department to designate “long truck routes" upon which no overall length limits apply. The Department designates the state's long truck routes in s.
Trans 276.07. This rule making does not affect those longstanding designations.
The new “default" 75-foot overall length limit applies on state highways that are neither designated as 65-foot restricted routes under this rule making nor long truck routes under s.
Trans 276.07.
Definitions have been added to the rule to make it easier to identify the nature of designations made by the Department in Ch.
Trans 276.
In drafting this rule the Department noticed several items that it believes may be of special interest to the legislature and which, in the Department's view, deserve special legislative attention. First, Act 363 did not grant any authority for 75-foot vehicles using the new 75-foot routes to leave those routes to reach fuel, food, maintenance, repair, rest, staging, terminal or vehicle assembly facilities or points of loading or unloading. The Department does not believe this oversight was intentional and, on an emergency basis, has designated the intersection of each 75-foot route and any other highway as a long truck route under its authority in s.
348.07 (4), Stats. This will permit trucks to exceed the 65-foot default length limit on local roads to access such facilities and make deliveries. The Department encourages the legislature to consider statutorily establishing access rights for vehicles using 75-foot restricted routes.
The second consequence of Act 363 the Department has discovered in drafting this emergency rule is that one statute that formerly restricted double-bottom tractor-trailer combinations to the state's long-truck network was repealed by the deletion of the reference to s. 348.07 (2) (gm), Stats., by the Act's amendment of s.
348.07 (4), Stats. Under the amended statute, as revised by Act 363, it might appear to a reader that double bottom trucks of unlimited length may operate upon any highway in the state, including local roads and streets, without permits. Section
348.08 (1) (e), Stats., however, continues to provide that double-bottom trucks be restricted to highways designated by the department under s.
348.07 (4). WisDOT believes this provision continues to limit double-bottom operation to long truck routes designated by the Department under s.
348.07 (4), Stats. WisDOT would suggest the deleted reference to (2) (gm) in 348.07 (4), Stats., be re-inserted into the statute to avoid confusion.
Finally, the Department notes that s.
348.07, Stats., is becoming difficult to decipher from a legal standpoint because of the many amendments that have been made to it over the years. It may be that recodifying the statute for the purpose of clarification of the length limitations of Wisconsin law would be helpful to truck and long vehicle operators in this state.
Publication Date:
September 15, 2006
Effective Date:
September 15, 2006
Expiration Date:
See section 7 (2) of 2005 Wis.
Act 363
Hearing Date: October 4, 2006
Workforce Development (2)
(Workforce Solutions, Chs.
DWD 11 to
59)
1.
Rules adopted revising
s. DWD 56.06, relating to child care rates and affecting small businesses.
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 child care subsidy budget estimates that the child care subsidy program will have a tight budget by the end of fiscal year 06-07. This is due to flat federal funding, rising caseload, and increased provider costs. To begin to address the tight budget, the Department will not increase the child care subsidy maximum rates for 2007. This emergency rule will maintain the maximum rates at 2006 levels.
Publication Date:
January 22, 2007
Effective Date:
January 22, 2007
Expiration Date:
June 21, 2007
Hearing Date: May 7, 2007
[See Notice this Register]
2.
Rules adopted revising
ch. DWD 56, relating to child care enrollment underutilization.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and 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 child care subsidy budget is expected to have a substantial deficit by the end of state fiscal year 2006-07. While many factors will have an impact on the program's final fiscal balance, current spending patterns at current rates suggest that the program will exceed its o6-07 budget authorization by approximately $46 million. This rule will provide for more efficient use of the program's limited funding.
Publication Date:
April 1, 2007
Effective Date:
April 1, 2007
Expiration Date:
August 29, 2007
Workforce Development
(Public Works Compensation, Chs.
DWD 290-
294)
Rules adopted amending
s. DWD 290.155 (1), relating to the 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:
Adjusting the thresholds for application of the prevailing wage rate requirements by emergency rule ensures that the adjustments are effective on a date certain that is prior to the time of year that project requests are generally submitted to the Department and applicability of the prevailing wage law is determined. The adjustment avoids imposing an additional administrative burden on local governments and state agencies caused by an effective decrease of the thresholds due solely to inflation in the construction industry. If these new thresholds are not put into effect by emergency rule, the old thresholds will remain effective for approximately six to seven months, until the conclusion of the permanent rule-making process. The thresholds are based on national construction cost statistics and are unlikely to be changed by the permanent rule-making process.
Publication Date:
December 28, 2006
Effective Date:
January 1, 2007
Expiration Date:
May 31, 2007
Hearing Date: February 19, 2007
