The rules affect ch.
Ins 3, relating to long-term care plans including the long-term care partnership program and affecting small business.
Objective of the Rule
To update the current administrative rule which was last revised in 2001 to comply with the National Association of Insurance Commissioners (NAIC) Model Act. Additionally, amendments are needed to comply with the requirements of the Center for Medicare and Medicaid Services (CMS) related to the Long-term Care Partnership program.
Policy Analysis
The current administrative rule was last revised in 2001 and is not fully compliant with the NAIC Model Act. Potential modifications to the long-term care rule include expanded reporting requirements, standards for marketing, suitability of products, and format changes to outlines of coverage. Additionally, modifications will be necessary in order to comply with
2007 Wis. Act 20 that created s.
601.415 (8), Stats. Modifications may include requirements related to the approval of training programs in compliance with the statute.
Statutory Authority
Entities Affected by the Rule
Insurers offering long-term care insurance products including the long-term care partnership program policies and insurance intermediaries that sell these products to consumers.
Comparison with Federal Regulations
The Office is unaware of any proposed or existing federal regulation that is intended to address the activities to be regulated by this proposed rule.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary.
Natural Resources
Subject
The Bureau of Wildlife Management recommends promulgating administrative rules that modify sections of chapters NR 1, 8, 10, 12, 15, 16, 17, and 19. These rule changes related to hunting, trapping, captive wild animals, dog training, nuisance animal removal and license issuance are minor and unlikely to be controversial. The intent of these rule changes is to correct drafting errors, provide clarification to existing rules, simplify regulations, and update administrative code language and references. Specifically, these rules will expand the types of licenses which may be issued through the automated license system, update deer shooting permit language to be consistent with statutes, and correct and update deer hunting rule language. This rule also updates bear hunting zones, fur tagging regulations, the description of the Horicon Marsh Fur Farm, and corrects drafting errors and oversights related to dog training. Finally, this rule will clarify that tanning furs does not require a taxidermy license.
Policy Analysis
Every year the department promulgates a rule order that contains changes that are considered to be minor and non-controversial. This package, known as the annual housekeeping order, helps to correct inaccuracies and clarify existing regulations. Policy issues affected by this rule are ones which have already been addressed decided by previous rulemaking.
Statutory Authority
Entities Affected by the Rule
Groups and individuals who are likely to be interested in the outcome of these rule changes include hunters, trappers, dog trainers, license agents, and people who tan raw furs. However, because of the corrective and non-controversial nature of these changes no groups will be significantly impacted.
Comparison with Federal Regulations
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Estimate of Time Needed to Develop the Rule
150 hours.
Agency Contact Person
Natural Resources
Subject
The Bureau of Wildlife Management recommends promulgating administrative rules modifying Chapter
NR 10 relating to establishing general rule authority for the department to open state trail properties to hunting by posted notice.
Policy Analysis
Legal interpretations have described Ice Age Trail properties and other trails as falling under the definition of state parks. Under s.
29.089, Stats., hunting is prohibited in state parks unless authorized by rule. This rule proposal would authorize hunting on state-owned portions of state trails and related property as posted by department signs.
Prior to the determination that trail properties are state parks, hunting has occurred at certain properties. This authority is necessary in order for hunting to continue on these areas. Additionally, some newly acquired properties are suitable for hunting and people have expressed a desire to allow that activity. This rule change will permit the DNR and NRB to be more responsive in managing hunting on state trail properties.
Hunting is currently allowed at some state parks and trails by rule but, where it is not allowed, all firearms must be unloaded and enclosed in case. This proposal would allow a person who is hunting on adjoining public or private property to cross a trail as long as the firearm is unloaded.
Statutory Authority
Entities Affected by the Rule
Groups likely interested in the outcome of these rule changes will be conservation and sporting interest groups as well as friends groups, hikers and users of the state trails in Wisconsin.
Comparison with Federal Regulations
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Estimate of Time Needed to Develop the Rule
80 hours.
Agency Contact Person
Natural Resources
Subject
The Bureau of Wildlife Management recommends promulgating administrative rules modifying chapters NR 10 and 45 relating to hunting, trapping, and the use of public lands.
Policy Analysis
These rule changes are proposed for inclusion on the 2008 Spring Hearing questionnaire. Specifically, these rules would revise bobcat population goals, extend the pilot season for hunting turkeys with the aid of dogs, update trapping regulations in the fisher/marten closed areas, clarify trap-type regulations, and prohibit paintball activities on department managed lands.
These changes do not deviate from existing board policy. The proposed changes to hunting seasons, population goals, trapping equipment and methods, and the use of public lands are consistent with previous board actions and policies.
Statutory Authority
Entities Affected by the Rule
Trappers, bobcat hunters and trappers, turkey hunters, and users of public lands will be affected by these rules.
Comparison with Federal Regulations
Federal regulations allow states to manage the wildlife resources located within their boundaries provided they do not conflict with regulations established in the Federal Register. None of these rule changes violate or conflict with the provisions established in the Federal Code of Regulations.
Estimate of Time Needed to Develop the Rule
244 hours.
Agency Contact Person
Natural Resources
Subject
Modifications to portions of chapter NR 20, pertaining to fishing regulations on inland waters.
Policy Analysis
The Department is beginning the process of recommending changes to the Wis. Adm. Code relating to recreational fishing regulations. The Department anticipates requesting hearings on these changes in January, 2008, and holding approved hearings in April 2008.
Statutory Authority
Comparison with Federal Regulations
Authority to promulgate fishing regulations is granted to states. No federal regulations apply to the proposed changes in regulating recreational fishing activity.
Estimate of Time Needed to Develop the Rule
The Department anticipates spending approximately 300 hours in the rule development process.
Agency Contact Person
Joe Hennessy
Bureau of Fisheries Management and Habitat Protection
P.O. Box 7921
Madison, WI 53707
(608) 267-9427
Natural Resources
Subject
Section
NR 46.30, Forest Tax Program, annual timber stumpage rate changes; modifications to the definition of “ownership" under s.
NR 46.15 (23) to include trusts; revision of s.
NR 46.16 Managed Forest Law petition and entry packet information.
Policy Analysis
The issues needing to be addressed are routine and technical within the Forest Crop Law (FCL) and Managed Forest Law (MFL) program.
The Department is required to assess the value of cut wood products from FCL and MFL lands based on the current stumpage value schedule. Stumpage values are determined each year by surveying industry, private forestry consultants and DNR field staff on the prices obtained the previous year for wood products by species, product type, and zone. These values are recalculated annually using a weighted three-year average and published in NR 46.30. The stumpage value charts are used to determine severance and yield tax for participants in the Forest Tax Law programs. It is important to adjust these values annually so that landowners are not paying too much or too little in yield/severance tax. The monies collected are distributed to the municipalities within which the land is located to help offset reduced property taxes collected from these lands.
Under Wis. Admin. Code NR 46.15(23), the current definition of “`owner'" or `ownership' means one with an interest in the land in fee or in equity, including that of a grantee of a land contract prior to satisfaction of all conditions of the contract, or as established by statute. Under this definition, changes in ownership by owners converting their direct property interest to Trusts and other similar “will-substitutes" are not considered “transfers" under current interpretation of Wisconsin law. This prevents the effective administration of the Managed Forest Law program, by preventing direct notification of potential changes in controlling ownership of the Managed Forest Law property in question. A change in the definition that includes trusts and other similar entities would solve this problem by clearly establishing the need for an owner to document and record the transfer of interest with the Department's Forest Tax Law section.
Current petitions and entry packets have information and requirements which have become either duplicative, based on the subsequent management plan requirements, or unnecessary based on advances both in the technical capabilities of the Forest Tax Section's administrative capabilities and response times. The Department's changes will allow for faster turn around and entry into the Managed Forest Law program, and will result in a less burdensome and more customer friendly approach to the program.
Statutory Authority
