Rule-Making Notices
Notice of Hearing
Administration
NOTICE IS HEREBY GIVEN that pursuant to ss.
16.004 (1),
227.11 (2) (a), and
706.25 (4), Stats., the Department of Administration will hold public hearings on the proposed rule order to create Chapter
Adm 70 relating to technical standards for electronic recording of documents in the County Register of Deeds Offices in Wisconsin.
Hearing Information
Date: January 14, 2009
Time: 1:00 P.M.
Location: St. Croix Room
WI Department of Administration Bldg.
101 East Wilson Street, 1st Floor
Madison, WI 53702
Date: January 15, 2009
Time: 2:00 P.M.
Location: Northern Building, Room 200
305 E. Walnut Street
Green Bay, WI 54301
Date: January 21, 2009
Time: 11:00 A.M.
Location: Eau Claire County Courthouse
721 Oxford Avenue, Room 2550/2560
Eau Claire, WI 54703
Submission of Written Comments
Interested persons are invited to present information at the hearings. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Facts, opinions and arguments may also be submitted in writing without a personal appearance by mail addressed to: Donna Sorenson, Department of Administration, P.O. Box 7864, Madison, WI 53707-7864 or by email to
Donna.Sorenson@Wisconsin.gov. Written comments must be received by 4:30 p.m. on January 23, 2009, to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Administration
Statutes interpreted
Statutory authority
Related statute or rule
Chapter
Adm 13, Wis. Adm. Code
Plain language analysis
Pursuant to s.
706.25(4), Wis. Stats., the Department of Administration is required to promulgate by rule the standards adopted, amended or repealed by the Council under Uniform Real Property Electronic Recording Act. The proposed rule is created to provide technical standards for electronic recording of documents in the offices of the Register of Deeds in Wisconsin. The rule does not require any entity to record electronically.
Comparison with federal regulations
There are no federal regulations proposed for electronic document recording in the local offices of the register of deeds at this time.
Comparison of similar rules in adjacent state
Though they have not adopted formal administrative rules to date, Iowa and Minnesota have adopted the URPERA and established business rules which require advance submitter agreements. Model 2 and 3 technology, PRIA standards and trusted submitter agreements are used in both Iowa and Minnesota for electronic recording of documents.
The Minnesota Legislature adopted URPERA in the spring of 2008. The Commission established under the Minnesota URPERA law will assume responsibility from the sun-setting earlier established Electronic Recording Task Force and then may well develop administrative rules for electronic recording. As of this time, no implementing rules are in place.
The Iowa Legislature passed legislation establishing an Electronic Transaction Fee in order to establish a statewide system for accepting documents electronically. The system, called the County Land Record Information System (see
www.iowalandrecords.org), is owned by the Iowa County Recorders and supported by a private project manager.
Michigan and Illinois have not progressed as far as Iowa or Minnesota.
Comparison with federal regulations
There are no federal regulations proposed for electronic document recording in the local offices of the register of deeds at this time.
Summary of factual data
Surveys were conducted of most the register of deeds offices in the Midwest and phone interviews were conducted of other register/recorder/clerk's offices who are actively recording documents electronically. Laws and rules regarding electronic recording from other states were reviewed. Various experts attended council meetings and gave presentations that greatly enhanced understanding of issues and technology:
•
Mark Ladd, Technology Coordinator for the Property Records Industry Association (PRIA), shared updates on guidelines of this standard-setting organization;
•
Tim Reiniger of the National Notary Association explained his group's desire for increased education for notaries and implementation of electronic notarization;
•
Susan Churchill of the Wisconsin Secretary of State's Office explained plans to create a database of Wisconsin notaries;
•
Phil Dunshee, gave presentations on the Iowa Recorders Association's statewide portal for accessing information and recording electronic documents;
•
Marc Aronson from the US Notaries organization spoke on the National Uniform Committee's work on uniform notary law and his perspective on a range of acceptable methods for notaries;
•
Lisa Nelson and Luann Kohlmann of Associated Bank in Middleton explained electronic funds transactions that can be used to make payments for electronic recordings;
•
Bush Nielsen, counsel for the Wisconsin Land Title Association gave an interesting presentation on the importance of the prompt and proper order of recording documents;
•
Mark Saunders, deputy legal counsel and Donna Sorenson, paralegal for the Wisconsin Department of Administration, reviewed the administrative rule form, wording, process and timeline; and
•
Council administrative support provided by Amy K. Moran of the Department of Administration and Jim Pahl-Washa of the Department of Revenue.
Small Business Impact
The proposed rule will provide a clear path for recording documents electronically in Wisconsin allowing for speedier processing of conveyances. The proposed rule will have no significant economic impact on a substantial number of small businesses as defined in s.
227.114 (1), Wis. Stats.
Fiscal Estimate
State fiscal effect
This rule will provide technical standards for electronic recording of documents in the local Register of Deeds Offices in Wisconsin. It requires the Wisconsin Electronic Recording Council to identify and approve “trusted submitters," which are private entities that would be approved to record documents electronically in Wisconsin. The rule does not require any entity to record electronically. Recording fees are unchanged by the rule.
Wisconsin does not have a state-level Register of Deeds and the State would not be impacted by costs to implement electronic recording. The rule does not impact the current level of administrative support provided to the Wisconsin Electronic Recording Council by state resources or staff.
As a consumer, the State records documents with local Registers and pays recording and some copying fees. If the State elects to use electronic recording in counties which allow it, there may be some increased cost from software purchases or from trusted submitter fees. Since it is currently not known how many counties will elect to implement electronic recording, the cost to the State is indeterminate.
Local fiscal effect
The rule does not require local Registers to allow electronic recording of documents. However, if the local Register of Deeds Office chooses to allow electronic recording, it would need to purchase specific software that would enable it to receive documents for recording, indexing and returning a copy of the documents once recording is completed. There are approximately 17 large to mid-sized counties that are currently accepting certain documents for electronic recording. There are several vendors of electronic recording software, but costs for the systems vary and the cost appears to depend on the level of use.
Local Registers may also experience reduced costs as a result of electronic recording; including saving on scanning, copying and mailing costs, as well as more efficient identification and correction of errors in documents.
The fiscal impact on local units of government that choose to allow electronic recording is indeterminate. In addition, the proposed rule would not require local government entities to incur any costs since participation is voluntary.
Agency Contact Person
Donna Sorenson
Department of Administration
101 E. Wilson Street
P.O. Box 7864
Madison, WI 53707-7864
(608) 266-2887
Copies of Proposed Rules
The proposed rule may be viewed and downloaded and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. If you do not have Internet access, a copy of the proposed rule may be obtained from Donna Sorenson, Department of Administration, P.O. Box 7864, Madison, Wisconsin 53707 or by calling (608) 266-2887.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1),
101.982,
101.988 (2), and
227.24 (4) Stats., the Department of Commerce will hold a public hearing on emergency rules under Chapter
Comm 2, relating to the fees for plan review and inspection of public swimming pool and water attraction modifications and affecting small business.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
January 8, 2009
10:00 a.m.
|
Conference Room 3C
Thompson Commerce Center
201 West Washington Avenue
Madison
|
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the emergency rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on the emergency rules will remain open until January 16, 2009, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
Copies of Emergency Rule
The emergency rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Analysis Prepared by the Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
Explanation of agency authority
Chapters
101 and
145, Stats., grant the department general authority for the purpose of protecting public health, safety and welfare by establishing standards and regulatory oversight programs for the construction and maintenance of buildings, structures and dwellings, public swimming pools and water attractions. These programs are administered by the Safety and Buildings Division. Sections
101.19 and
145.26, Stats., grant the department authority to promulgate rules to fix and collect fees that reflect the cost of administering the public swimming pool and water attraction program.
Summary of proposed rules
The rules temporarily roll back the fees for plan review and inspection of modifications to public swimming pools and water attractions to those amounts charged prior to December 1, 2008. The temporary reduction is occurring in light of the implementation of the federal Virginia Graeme Baker Pool and Spa Safety Act which necessitates most existing public swimming pools and water attractions to undergo physical modifications to reduce the risk of entrapment at suction outlets. The reduction in fees reflects the department's expected costs to review and inspect modifications.
Comparison with federal regulations
An internet-based search of the code of federal regulations and the federal register did not identify any federal requirements relating to public swimming pool and water attraction plan review or inspection fees. The federal Consumer Product Safety Commission's implementation of the Virginia Graeme Baker Pool and Spa Safety Act necessitates the modification of existing pools to address entrapment at suction outlets.
Comparison with rules in adjacent states
An Internet-based search for the states of Illinois, Iowa, Michigan and Minnesota found the following:
Illinois:
No information was found indicating that Illinois regulates public swimming pools and water attractions at the state level.
Iowa:
The reconstruction plan review fee charged by the Iowa Department of Public Health is $250 for each swimming pool, spa or bathhouse altered in the reconstruction.
Michigan:
The permit fee established by the Michigan Department of Environmental Quality for a modification of an existing pool is $298.
Minnesota:
The Minnesota Department of Health's plan review and inspection fee is $400 for pool and spa alterations that do not involve alteration of the shape or size.
Summary of factual data and analytical methodologies
Implementation of the federal Virginia Graeme Baker Pool and Spa Safety Act necessitates most existing public swimming pools and water attractions to undergo physical modifications to reduce the risk of entrapment at suction outlets. The department estimates that 3,700 existing pools and water attractions will need to undergo some type of modifications. The current plan review fees reflect the estimated average time and costs to provide the service. For types of pool and attraction modifications necessary to comply with the Virginia Graeme Baker Pool and Spa Safety Act, the department believes that the time and cost to provide the service will be below the averages reflected under the fee structure of section
Comm 2.68.
Small Business Impact
The Virginia Graeme Baker Pool and Spa Safety Act has a compliance date of December 19, 2008. The department estimates approximately 80% of the existing 3,700 public swimming pools and water attractions will be able to take advantage of the reduced plan review fees. The plan review fees for pool and water attraction modifications are reduced by 33%. The reduction will save pool and water attraction owners $60 to $325 per plan submittal.
An economic impact report has not been required to be prepared.
Fiscal Estimate
Summary
The rules temporarily roll back the fees for plan review and inspection of modifications to public swimming pools and water attractions to those amounts charged prior to December 1, 2008. The department estimates approximately 80% of the existing 3,700 public swimming pools and water attractions will be able to take advantage of the reduced plan review fees. The plan review fees for pool and water attraction modifications are reduced by 33%. The reduction will save pool and water attraction owners $60 to $325 per plan submittal. The department estimates that 20% of the plan submittals, 592, will fall under the category involving department inspections and 80% of the plan submittals, 2,368, will fall under the category where the department does not conduct the inspections. Under this assumption the department will not realize $384,000 in plan review fees during the time period of the emergency rules.
State fiscal effect
Decrease existing revenues.
Local government fiscal effect
None.
Long-range fiscal implications
No long-range fiscal implications are anticipated.
Contact Information
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Notice of Hearing
Commerce
Licenses, Certifications and Registrations, Ch.
Comm 5
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1),
(4),
(13) (b),
(15) (a),
(b),
(f),
(h),
(k) and
(L),
101.12 (3) (h) and
101.63 (1), Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapter
Comm 5, relating to building contractor registration and affecting small business.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
January 21, 2009
10:00 a.m.
|
Conference Room 3B
Thompson Commerce Center
201 West Washington Avenue
Madison
|
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 266-8741 or TDD Relay dial 711 in Wisconsin or (800) 947-3529 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until January 28, 2009, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
Copies of Proposed Rules
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or TDD Relay dial 711 in Wisconsin or (800) 947-3529. Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
Explanation of agency authority
Under chapter 101 Stats., the Department of Commerce protects public health, safety, and welfare by promulgating comprehensive requirements for design, construction, use and maintenance of public buildings and places of employment and adopts rules that establish uniform, statewide standards for the construction of one- and 2-family dwellings. Various construction trades are involved in building or modifying these types of structures. Together with building owners and designers, construction trades share a responsibility to ensure that the buildings, relative to the respective trade's work, do not pose risk to public health and safety.
The registration would enhance the department's communication, education and oversight efforts for those businesses that contribute in various ways and aspects to the creation or alteration of buildings that limit the safety and health risks for the citizens of Wisconsin. Utilizing the registry of building contractors the department will more efficiently and effectively inform contractors about safety regulations and consumer protection regulations, such as the consumer notice required under s.
101.148 (2), Stats., pertaining to procedures for addressing construction defects.
The department recognizes that by registering Wisconsin building contractors and subcontractors, information pertaining to such registrants can be posted on the internet and made available to the Wisconsin Departments of Workforce Development and Revenue for use in their administration of unemployment insurance, workers compensation insurance and income tax programs, respectively. The registry of building contractors can be used by the aforementioned agencies to reinforce their efforts to minimize the misclassification of employees and to maximize proper participation in unemployment insurance and workers compensation insurance programs and proper payment of income taxes.
Summary of proposed rules
The proposed rules require a registration credential for various building contactors who are involved in the construction or modification of public buildings and places of employment and one- and 2-family dwellings, unless the contractor already holds another type of contractor credential issued by the department. The registration credential is for a contracting business and is not required for each partner or employee who is involved with physically constructing or modifying the structures.
The proposed rules also eliminate several references to old implementation dates that no longer have relevancy.
Comparison with federal regulations
An internet-based search of the code of federal regulations and the federal register did not identify any federal requirements relating to contractor registrations.
Comparison with rules in adjacent states
An Internet-based search for the states of Illinois, Iowa, Michigan and Minnesota found the following:
Illinois:
The state of Illinois does not have any regulations regarding the licensure of building contractors, except roofers.
Iowa:
The state of Iowa requires all individual contractors and businesses performing construction work in Iowa to be registered. The fee is $25 for a two year registration. The prerequisites for registration include the demonstration of compliance with worker's compensation insurance requirements and compliance with unemployment tax requirements.
Michigan:
The state of Michigan requires licenses for persons and businesses that contract with property owners to build new homes or remodel homes. The license types are: Residential Builder, and Maintenance and Alteration Contractor. The Maintenance and Alteration Contractor is restricted to perform only specific trades and services for which they are licensed. The fee is $225 for a three year license. Applicants for the license must complete 60 hours of approved education and pass an examination. Michigan does not have a licensing law regulating builders of commercial buildings.
Minnesota:
The state of Minnesota requires certifications for persons and businesses that contract with property owners to construct or improve dwellings for habitation by one to four families and where the person or business is involved with two or more special building skills. The Residential Contractor license and Remodeler license are annual licenses. The fees, which are based upon gross receipts, are $260 to $360. The application for the license must include a qualifying person who must take the required examination and fulfill the continuing education requirements for the licensee.
Also under the Minnesota Independent Contractor Certification Law, as of January 1, 2009, a certification is required for building contractors where contractors must establish that they are independent contractors versus employees utilizing the “9 Items" test related to Worker's Compensation. The fee for a two year certification is $250.
Summary of factual data and analytical methodologies
The registration provisions of the proposed rules were developed by analyzing and comparing the current administrative rules under chapter Comm 5 for other types of building contractors currently licensed, certified or registered by the department. The concept of the contractor registration was developed in light of proposed Wisconsin legislation under 2007 SB 228 and AB466, and with consideration of legislation in the states adjacent to Wisconsin.
Analysis and supporting documents used to determine effect on small business
The proposed rules require the registration of individuals and entities that act as building contractors or subcontractors who are involved in the construction or modification of public buildings, places of employment and one- and 2- family dwellings and who are not already credentialed by the department. The department currently credentials several contracting trades, including dwelling contractors, HVAC contractors, electrical contractors and elevator contractors. The rules would apply to those persons and entities engaged in the business of commercial general construction, drywall, plastering, electrical wiring, finish carpentry, flooring, framing carpentry, glass and glazing, insulation, masonry and stone work, plumbing, concrete work, roofing, siding, building site preparation and/or stabilization, structural steel, tile and terrazzo, wall coverings, and other building or equipment specialties.
The department estimates that the number of contractors to be registered under the rules would be 30,000. A contractor registration would cost $100 for a 4-year term if applied for electronically and $115 if applied for via paper. The department does not believe that this registration and fee would pose a significant impact on businesses.
An economic impact report has not been required to be prepared.
Small Business Impact
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules
The proposed rules require the registration of individuals and entities that act as building contractors or subcontractors who are involved in the construction or modification of public buildings, places of employment and one- and 2- family dwellings and who are not already credentialed by the department. The department currently credentials several contracting trades, including dwelling contractors, HVAC contractors, electrical contractors and elevator contractors. The rules would apply to those persons and entities engaged in the business of commercial general construction, drywall, plastering, electrical wiring, finish carpentry, flooring, framing carpentry, glass and glazing, insulation, masonry and stone work, plumbing, concrete work, roofing, siding, building site preparation and/or stabilization, structural steel, tile and terrazzo, wall coverings, and other building or equipment specialties.
Reporting, bookkeeping and other procedures required for compliance with the rules
No additional reporting, bookkeeping or other procedures are required above the registration of the building construction business.
Types of professional skills necessary for compliance with the rules
There are no new types of professional skills necessary for compliance with the rules.
Rules have a significant economic impact on small businesses
No.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The rules require a registration credential for various building contactors who are involved in the construction or modification of public buildings and places of employment and one- and 2-family dwellings, unless the contractor already holds another type of contractor credential issued by the department. The type of contracting businesses required to be registered under the rules include commercial general construction, drywall, plastering, electrical wiring, finish carpentry, flooring, framing carpentry, glass and glazing, insulation, masonry and stone work, plumbing, concrete work, roofing, siding, building site preparation and/or stabilization, structural steel, tile and terrazzo, wall coverings, and other building or equipment specialties.
The department estimates that there would be 30,000 contracting businesses that would be required to obtain registrations. The department proposes to charge $100 for a 4-year, building contractor registration. There is also a $15 initial application fee that would be waived if the applicant applies and pays for the registration via the internet. The department estimates that it would realize approximately $806,250 in revenue annually.
The department anticipates that the workload associated with this registration can be managed with information technology usage and within current staff levels associated with the administration of the commercial building code program and the one- and 2- family dwelling code program.
State fiscal effect
Increase existing revenues.
Increase costs — costs may be possible to absorb within agency's budget.
Local government fiscal effect
No local government costs.
Fund sources affected
PRO
Long-range fiscal implications
None are anticipated.
Environmental Analysis
The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Contact Information
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Notice of Hearing
Insurance
NOTICE IS HEREBY GIVEN that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedures set forth in under s.
227.18, Stats., the Office of the Commissioner of Insurance will hold a public hearing to consider the adoption of the proposed rulemaking order affecting section
Ins 3.39, Wis. Adm. Code, relating to Medicare supplement insurance.
Hearing Information
Date: January 27, 2009
Time: 1:00 p.m., or as soon thereafter as the matter may
be reached
Place: OCI, Room 227, 2nd Floor
125 South Webster Street
Madison, WI
Submission of Written Comments
Written comments can be mailed to:
Julie E. Walsh
Legal Unit — OCI Rule Comment for Rule Ins 339
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 339
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53703-3474
Comments can be emailed to:
Julie E. Walsh
The deadline for submitting comments is 4:00 p.m. on the 14th day after the date for the hearing stated in this Notice of Hearing.
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Statutes interpreted
Sections
185.983 (1m),
600.03,
601.01 (2),
609.01 (1g) (b),
625.16,
628.34 (12),
628.38,
631.20 (2),
632.73 (2m),
632.76 (2) (b) and
632.81,
632.895 (6) and
(9), Wis. Stats.
Statutory authority
Explanation of agency authority
The statutes all relate to the commissioner's authority to promulgate rules regulating the business of insurance as it relates to Medicare supplement and Medicare replacement insurance products. Specifically, ss.
601.41,
625.16,
628.38,
632.73,
632.76, and
632.81, Wis. Stats., permit the commissioner to promulgate rules regulating various aspects of Medicare supplement and Medicare replacement products while ss.
628.34, and
628.38, Wis. Stats., authorize the commissioner to promulgate rules governing disclosure requirements and unfair marketing practices for disability policies, which includes Medicare supplement and Medicare replacement products.
Related statutes or rules
The Centers for Medicare & Medicaid Services (CMS) required the National Association of Insurance Commissioners, (NAIC) to make conforming changes to the Medigap model regulation by incorporating changes necessary to implement requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA Public Law 110-223) and delegated the function of implementing the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA, Public Law 110-175). The GINA law requires states to adopt necessary changes by September 24, 2009 and to have regulations in place for MIPPA by June 1, 2010. States are required to adopt the NAIC model revision in order to continue to regulate the Medigap marketplace.
CMS delegates enforcement of MIPPA and GINA and the underlying Medicare supplement and Medicare replacement insurance products to the states that have incorporated into the states insurance regulations, the NAIC Model Act. To date Wisconsin has passed several of Model Acts through statute and most frequently administrative rule governing the Medicare supplement and Medicare replacement products. In Wisconsin Medicare supplement and Medicare replacement products are currently regulated through s.
Ins 3.39, Wis. Adm. Code, inclusive of the appendices. The proposed rule modifies s.
Ins 3.39, Wis. Adm. Code, and several appendices in order to comply with the MIPPA and the NAIC requirements, to the extent necessary, and updates the appendices to reflect current requirements.
Plain language analysis and summary of the proposed rule
The proposed rule implements modifications delineated by the NAIC Medicare Supplement Insurance Minimum Standards Model Act that includes modifications to comply with both GINA and MIPPA. Medigap policies are policies purchased by Medicare beneficiaries to cover Medicare deductibles, co-insurance and selected services that Medicare does not cover. Medicare establishes eligibility rules, benefits and coverage limits. The proposed rule incorporates the NAIC Model Act into Wisconsin's current Medicare supplement and Medicare replacement rules.
The proposed rule contains a new paragraph that specifically implements the GINA requirements as they relate to Medicare supplement or replacement plans. The proposed rule updates requirements relating to the submission of form filings and advertisements to the office including the repeal of Appendices currently numbered 2 and 3 and modification of s.
Ins 3.39 (15).
The proposed rule implements the changes to the Medicare supplement benefits that are to be effective by June 1, 2010 in accordance with MIPPA. Specifically, although Wisconsin is a waived state, the office is proposing to incorporate the benefits contained within the federal newly created standardized plans labeled “M" and “N", into two new rider options. These riders will create a Medicare Part A 50% deductible with that has no out-of-pocket maximum limitation and will create a Medicare Part B 100% deductible with co-payment requirements for office and emergency room visits.
While the federal standardized plans eliminate the preventative health care coverage, the proposed rule retains those benefits. Also, although the standardized plans are first incorporating a hospice care benefit while the office has had such benefit for over 3 years and will retain the benefit into the June 1, 2010 benefits. The proposed rule includes a newly created paragraph to address insurers' use of new or innovative benefits as contained in the NAIC Model Act.
For clarity, the proposed rule renumbers existing appendices to include newly created appendices 2 through 6 for the Medicare supplement plans that are effective on or after June 1, 2010. The new appendices follow product lines with one appendix dedicated to premium information and various disclosures. Parallel cites are proposed to ease use of the new regulations by creating ss.
Ins 3.39 (4s),
(5m) and
(30m).
The proposed rule preserves the regulatory oversight of products primarily sold to Wisconsin seniors and maintains rigorous standards for disclosures benefits, consumer rights and marketing practices. In furthering this oversight, the proposed rule includes specific reference to MIPPA that requires insurers that are marketing and selling insurance products to Wisconsin seniors enrolled in Medicare Advantage to fill in “gaps" that those products comply with the Medicare supplement regulations.
Comparison with federal regulations
The NAIC Model Act implements MIPPA, GINA and previous federal Medicare supplement and Medicare replacement regulations. CMS permitted NAIC a narrow period to time to amend its model act and permitted states to implement the updated NAIC Model Act to retain the regulatory oversight of Medicare supplement and replacement insurance for the modified products that are to be effective on or after June 1, 2010. The department of labor and CMS require implementation of the requirements contained in GINA by July 1, 2009.
Comparison of rules in adjacent states
Iowa:
Iowa makes available to its Medicare beneficiaries Medigap policies A through J as required by the Medicare reform provisions under OBRA 1990 and the prior NAIC Model Regulation. Iowa will have to amend its regulations to create new Medigap plans M and N, and to incorporate the hospice care benefit as well as the new and innovative benefit requirements as required by MIPPA. Iowa will also have to comply by implementing the GINA requirements.
Illinois:
Illinois makes available to its Medicare beneficiaries Medigap policies A through J as required by the Medicare reform provisions under OBRA 1990 and the prior NAIC Model Regulation. Illinois will have to amend its regulations to create new Medigap plans M and N, and to incorporate the hospice care benefit as well as the new and innovative benefit requirements as required by MIPPA. Illinois will also have to comply by implementing the GINA requirements.
Minnesota:
Minnesota, like Wisconsin, received a waiver from the federal standardization regulations. Minnesota makes available to its Medicare beneficiaries two standardized policies (basic and extended basic). Minnesota will have to amend its Medicare supplement regulations to create two cost-sharing plans. It also will have to amend its regulations to include the prohibitions and other changes under GINA.
Michigan:
Michigan makes available to its Medicare beneficiaries Medigap policies A through J as required by the Medicare reform provisions under OBRA 1990 and the prior NAIC Model Regulation. Michigan will have to amend its regulations to create new Medigap plans M and N, and to incorporate the hospice care benefit as well as the new and innovative benefit requirements as required by MIPPA. Michigan will also have to comply by implementing the GINA requirements.
Summary of factual data and analytical methodologies
OCI review of complaints, NAIC models, insurer's financial information CMS data indicates that Medicare currently covers 40 million Americans, 814,183 of whom are Wisconsin residents as of 2004. An estimated 27 percent of Medicare beneficiaries are covered by Medigap policies.
Information collected by the OCI indicates that 75 insurance companies offer Medicare supplement, Medicare cost and Medicare select (Medigap) policies to Wisconsin consumers eligible for Medicare due to age or disability. In addition, there are 25 insurance companies that have Medigap policyholders although the companies no longer market Medigap coverage in Wisconsin. At year end 2007, there were 247,142 Wisconsin Medicare beneficiaries with Medigap policies. The majority of these Wisconsin Medicare beneficiaries have Medigap policies that will be affected by the Medigap reforms under the MIPPA and GINA.
A 2000 report by CMS, Office of Research, Development, and Information, based on 2007 Medicare data indicates that Medicare paid 54-56% of the health care expenses of persons 65 or over, and private health insurance, including Medicare supplement policies paid 16% of these health care expenses. The report indicated that overall annual medical expenses in 2005 per Medicare beneficiaries equaled $6,697.
Analysis and supporting documentation used to determine effect on small businesses
OCI reviewed financial statements and other reports filed by life, accident and health insurers and determined that none qualifies as a small business. Wisconsin currently has 75 insurance companies offering Medicare supplement, Medicare cost and Medicare select insurance plans. None of these insurers meet the definition of a small business under s.
227.114, Wis. Stats.
Small Business Impact
This rule does not have a significant impact on regulated small businesses as defined in s.
227.114 (1), Wis. Stat. OCI maintains a database of all licensed insurers in Wisconsin. The database includes information submitted by the companies related to premium revenue and employment. In an examination of this database, OCI identified that 75 insurance companies offer Medicare supplement, Medicare cost and Medicare select (Medigap) policies to Wisconsin consumers eligible for Medicare due to age or disability and none of those companies qualify by definition as a small business. In addition, 25 insurance companies have Medigap policyholders although the companies no longer market Medigap coverage in Wisconsin. Again, none of these 25 companies qualifies by definition as a small business.
This rule does not impose any additional requirements on small businesses.
Pursuant to s.
227.114, Stats., the proposed rule may have an effect on small businesses. The initial regulatory flexibility analysis is as follows:
Initial regulatory flexibility analysis
Types of small businesses affected
Insurance agents, LSHO, Town Mutuals, Small Insurers, etc.
Description of reporting and bookkeeping procedures required
None beyond those currently required.
Description of professional skills required:
None beyond those currently required.
OCI small business regulatory coordinator
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266-7843 or at email address
eileen.mallow@wisconsin.gov
Fiscal Estimate
There will be no state or local government fiscal effect.
The proposed rule will not significantly impact the private sector. Insurers offering Medigap policies (Medicare supplement, Medicare cost, and Medicare select policies) will incur costs associated with developing new Medigap policies and marketing materials, mailing riders and explanatory materials to existing policyholders and reprogramming claim processing systems. However, these costs are offset by the insurers' ability to continue offering Medigap policies to Wisconsin consumers.
Agency Contact Person and Copies of Proposed Rules
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the Web site at:
http://oci.wi.gov/ocirules.htm or by contacting:
Inger Williams, OCI Services Section, at:
Phone: (608) 264-8110
Address: 125 South Webster Street — 2nd Floor
Madison WI 53703-3474
Mail: PO Box 7873, Madison, WI 53707-7873
Notice of Hearings
Natural Resources
Environmental Protection — Solid Waste Management, Chs.
NR 500—
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a) and
289.05,
289.06,
289.07 and
299.11, Stats., the Department of Natural Resources will hold a public hearing on the creation of Chapter
NR 528, Wis. Adm. Code, relating to the management of accumulated sediment from storm water management structures.
Hearing Information
The hearings will be held on:
Date and Time:
|
Location:
|
February 11, 2009
Wednesday
at 11:00 a.m.
|
Wausau Room
Marathon County Public Library
300 N. 1st Street
Wausau, WI 54403
[Parking is available in the JC Penney ramp, kitty-corner from library at the intersection of E. Washington and N. 1st Street]
|
February 12, 2009
Thursday
at 11:00 a.m.
|
Room G09
Natural Resources Bldg. (GEF 2) 101 South Webster Street
Madison, WI 53707
|
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please contact Jack Connelly in writing at DNR, Bureau of Waste and Materials Management, P.O. Box 7921, Madison, WI 53707; by E-mail to Johnston.Connelly@ Wisconsin.gov; or by calling (608) 267-7574 with specific information on your request at least 10 days before the date of the scheduled hearing.
The proposed rule and supporting documents, including the fiscal estimate, may be viewed and downloaded and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order No. WA-22-08.)
Submission of Written Comments and Copies of Proposed Rules
Written comments on the proposed rule may be submitted via U.S. mail to Mr. Jack Connelly, Bureau of Waste and Materials Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to
Johnston.Connelly@Wisconsin.gov. Comments may be submitted until February 20, 2009. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Jack Connelly, Bureau of Waste and Materials Management, P.O. Box 7921, Madison, WI 53707 or by calling (608) 267-7574.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Related statute or rule
None
Plain language analysis
With an ever-increasing volume of sediment to be managed in the cleaning of storm water and sediment control structures, coupled with a need to maximize the effectiveness of reduced department staff resources, it is necessary to develop an innovative and proactive regulatory approach. This proposed rule would create a framework of self regulation for the management of sediment obtained when cleaning storm water sediment control structures. The proposed rule would place the department in an oversight role, thereby minimizing and targeting uses of scarce staff resources. Further, the proposed rule provides a reasonable, safe and consistent approach in managing end uses of accumulated sediment. The department has worked with a Technical Advisory Committee (TAC) to obtain input and advice from affected stakeholders.
Comparison with federal regulations
There are no federal regulations pertaining explicitly to the management of sediment accumulated in storm water and sediment control structures. The sediment is generated as a consequence of compliance with the storm water discharge permit program of the federal Clean Water Act.
Comparison with rules in adjacent states
Adjacent states have not developed specific rules to address the material that accumulates in storm water management structures. However, they do have rules to address other dredge materials and they use those rules to answer questions about where to go with accumulated sediment in storm water ponds.
Iowa has a permit by rule approach to land application of any material. This is currently a catch-all for all material disposal and they are considering going to designating beneficial uses. Under the permit by rule approach, if the material meets a set of criteria they do not need a permit for disposal. The criteria include testing for petroleum content and following setback parameters similar to the Federal EPA 503 Biosolids Rule which establishes standards for the use and disposal of municipal sewage sludge. This approach is similar to Wisconsin's intent to have a rule that provides enough information for the user to self certify that they have used or disposed of the material properly. Iowa has found that the permit by rule approach results in very few contacts or questions from the public.
Minnesota also has a general management approach for dredged material that the accumulated sediment from storm water ponds would fall into. The state recognizes that it would be beneficial to customize the rules to address accumulated sediment from storm water. Similar to the rule proposed here, dredged material can be handled differently depending on the amount of sand in the material, how much material is being handled, what testing suggests about the contaminant levels and the potential disposal sites. For example, in Minnesota, no permit is needed for disposal of less than 3,000 cubic yards with 93% or more sands. The rule proposed here establishes a de minimus of 100 cubic yards for material with 85% or more sands. For all other sediment Minnesota requires an extensive sediment characterization of the pollutant levels in the material and this information determines the management options and whether the disposal qualifies for a general or individual permit. The general permit sets thresholds and criteria that if met, allows a streamlined permit process. The rule proposed here would not require a permit at all and the sediment manager would only contact the department if they were concerned about the results of the sediment characterization and had questions about what end use option to select. Minnesota also encourages consideration of use or reuse options rather than disposal in a landfill.
Michigan considers the material in storm water ponds and catch basin sumps to be process water once it comes time to clean it out. When the liquid portion is separated from the solid material it is covered under a set of rules that governs liquid industrial waste. In some cases it can be discharged to the sanitary sewer system, if approved by the local sewer authority, but other options are available. The solids are handled as a solid waste under a separate set of rules. Testing of certain parameters is required before disposing of the material although the most likely disposal is to a landfill. The transporter of the material has to meet applicable transporter requirements.
Illinois has limited guidance on what to do with sediment that accumulates in storm water ponds. If the contents are strictly storm water and there is no septic or sewage mixed in, then it can be disposed of anywhere in an upland location, but not in the floodway. No sampling or any other testing or evaluation is required. Storm water pond sediment is not considered a solid waste unless the agency is aware of, or notified that, a spill of some contaminant occurred in the drainage basin. Anyone removing sediment from a storm water pond will be cautioned that they must check with the Army Corps of Engineers if they are close to a waterway to see if a permit is required.
Summary of factual data and analytical methodologies
There is an increasing number storm water and sediment control structures coming on-line as a result of more comprehensive storm water control requirements imposed by the USEPA's revisions to the storm water discharge permit program of the Clean Water Act. The department, in accord with its responsibilities as a delegated program, then promulgated revisions to ch.
NR 216, effective August 1, 2004. To address the increase in both the number of structures and the volume of accumulated sediment, the department has developed a streamlined approach to sediment management featuring self-regulation. The department has identified stakeholders who will be affected by the proposed rule and formed a Technical Advisory Committee (TAC) comprised of representatives of these organizations and interests. The department has met with this TAC five times in 2007 and 2008 to obtain their input and advice in writing rule language for this streamlined approach to sediment management.
Analysis and supporting documents used to determine the effect on small business
The proposed rule for sediment management, ch.
NR 528, is expected to reduce costs to small businesses. Currently, compliance with the department's existing rules, ch.
NR 216, Wis. Adm. Code, is resulting in an increase in the number of storm water practices for small business. Routine maintenance of these sediment control structures generates accumulated sediment. Under existing solid waste rules, the NR 500 series, a person responsible for cleaning out a sedimentation pond may either transport the sediment to a licensed landfill or apply to the solid waste program for an exemption. By eliminating the need to apply for an exemption and removing the need for the department to approve the end use chosen by small business, the costs to small business will be reduced.
The proposed rule is also expected to reduce costs to small business by simplifying and clarifying the process and thereby providing known expectations for small business. Further, because the department's role is greatly reduced, costs owing to any delays that result from the current departmental review process for sediment management proposals is eliminated. Because of the proposed self regulation process, project timing would be completely under the control of the small business.
Likewise, because submittal of reports to the department is eliminated, costs normally associated with submitting these reports are eliminated. Instead, the self-certification process provides a logical flow through the sediment evaluation and management process and all data and records are maintained by the small business. Further, costs associated with sediment sampling and lab analysis are reduced under the proposed rule because the number of parameters is greatly reduced in most cases. Even when more analysis is warranted because indications of contamination are detected, it is likely that the simplified requirements in the proposed rule will still reduce sediment evaluation costs. Current department rules do not specify how the sediment must be characterized so staff can be inconsistent in what they require and in an effort to be prudent, often choose an extensive list of compounds for which to analyze. The proposed rule includes a specific list that is considerably shorter and thus reduces sampling costs.
Small Business Impact
The rule revisions will have a neutral to net positive effect on small businesses since they would otherwise have to comply with existing requirements. Under existing rules a sediment manager, when cleaning out a storm water management structure, must either take the sediment to a licensed landfill or apply with the Waste and Materials Management program for an exemption. This proposed rule would eliminate the requirement to apply for an exemption when the sediment manager determines that the sediment is clean enough to take to an end use site. Further, the proposed rule provides other end use options that will usually be less expensive than costs associated with the transportation distance to the licensed landfill and the tipping fees at the landfill.
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. As the DNR's position of Small Business Regulatory Coordinator is currently vacant, if you have questions regarding the impact to small businesses you may contact Jack Connelly by E-mail at
Johnston.Connelly@ Wisconsin.gov or by phone at (608) 267-7574.
Fiscal Estimate
Summary
The DNR has made a determination that the proposed rules have no fiscal effect on state government and the fiscal effect on local government and the private sector is indeterminate.
Background
The storm water permit program requires new development, and in some cases existing development, to treat the runoff from impervious surface with water quality practices that remove total suspended solids. This has resulted in an increase in the number of such practices in the last five years and this trend is expected to accelerate in the future. Maintenance of these practices requires removal of the accumulated sediment every 10-20 years, depending on the storage capacity of the storm water management structures (ponds). The person responsible for removing the sediment, the sediment manager, may be a local unit of government including towns, villages, cities and counties and even school districts as well as private entities such as business owners and homeowner associations.
Rule summary
Under the current solid waste rules, this sediment can he taken to a licensed landfill, or the sediment manager can request an exemption from the department to place the material in a location other than a landfill. This exemption request requires the sediment manager to conduct sediment sampling and lab analysis at the discretion of the department reviewer. The relative newness of these ponds means that department staff has limited information on the environmental risk of this material and so the list of parameters to sample can be lengthy. There is also a fee associated with the request for exemption.
The proposed rule will identify minimum parameters to test for and some key threshold levels to assist the sediment manager in deciding the appropriate end use. The proposed rule also identifies when sampling for additional parameters may be necessary due to the nature of the material. Even when more analysis is warranted because indications of contamination are detected, it is likely that the simplified requirements in the proposed rule will reduce sediment evaluation costs. The sediment manager can use the rule and guidance to select an end use and then follow through with that decision without requesting approval from the department. The proposed rule is based on a self-certification process. This saves both time and money.
State fiscal effect
Implementation of the proposed rule would not increase or decrease the revenue to the department. Currently staff process exemption requests and associated review fees when they are submitted by a sediment manager. However, there have been relatively few requests to date. Therefore, there is not a significant revenue stream from this source. As the number of sediment ponds needing to be cleaned out increases with time, the revenue coming into the department would increase and more staff would be needed for the case-by-case reviews. The department does not have sufficient staff to review these submittals so instead prefers to implement the proposed self-certification approach which requires little direct staff involvement. This approach means the future revenue stream will be less than if the existing program were still being used, but the demand on staff time would be significantly less.
Local and private fiscal effect
The cost to sample and analyze for specific parameters is expected inmost cases to be less than what is currently required with an exemption request. While it is anticipated that the overall cost to the sediment manager will be neutral or even less than under the current system, this difference cannot be quantified. Therefore the fiscal effect of the proposed rule is indeterminate for both local units of government add the private sector.
Environmental Analysis
The Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Agency Contact Person
Jack Connelly
Phone: 608) 267-7574
Fax: (608) 267-2768
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
341.35, Stats., the Department of Transportation will hold a public hearing to consider the creation of Chapter
Trans 126, Wis. Adm. Code, relating to municipal or county vehicle registration fee.
Hearing Information
The hearing will be held:
Date
|
Location
|
January 28, 2009
at 1:30 PM
|
Room 144-B
Hill Farms State Transportation
Bldg.
4802 Sheboygan Avenue
Madison, Wisconsin
|
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available.
Copies of Proposed Rules
A copy of the proposed rule may be obtained upon request from Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail at carson.frazier@dot. state.wi.us.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
The Wisconsin Department of Transportation is authorized to administer and collect a municipal or county vehicle registration fee when a municipality or county elects to impose such a fee by ordinance and notifies the Department of such an election, pursuant to s.
341.35, Stats. The Department's Division of Motor Vehicles collects a municipality or county vehicle registration fee at the same time it collects the state vehicle registration fee.
Related statute or rule
Section
349.03 (2), Stats., provides that [n]o local authority may enact or enforce any traffic regulation
…requiring local registration of vehicles, except as authorized by s.
341.35, Stats.
Plain language analysis
Chapter
Trans 126 governs the Department's administration of the municipality or county vehicle registration fee. This proposed amendment increases from 60 days to 90 days the notice that municipalities and counties must give the Department, prior to the first day of the month in which an ordinance to enact, amend, or repeal the municipal or county vehicle registration fee is effective. In recent years, statutory changes have required vehicle registration renewal notice mailings to be advanced. As a result, 60-day notice from the municipality or county is insufficient time for the Department to place updated information on renewal notices before mailing the notices to customers.
This proposed amendment also clarifies operational questions. The rule states how the Department determines where a vehicle is customarily kept, and how the Department determines which vehicles receive the municipal or county registration fee calculation upon initial implementation. The proposed amendment also updates the mailing address for the Division of Motor Vehicles, and clarifies references to the municipal or county vehicle registration fee and the administrative fee per vehicle application.
This proposed amendment also removes obsolete language.
Comparison with federal regulations
No federal regulations relate to this rule.
Comparison with rules in adjacent states
Michigan:
Michigan does not have a local vehicle registration fee that is similar to Wisconsin's municipal or county vehicle registration fee, collected by the state DMV on behalf of the local governments, along with the state vehicle registration fee.
Minnesota:
Minnesota counties may assess a “wheelage tax," similar to Wisconsin's municipal or county vehicle registration fee, collected by the state DMV on behalf of the local governments, along with state vehicle registration fee.
Illinois:
Illinois does not have a local vehicle registration fee that is similar to Wisconsin's municipal or county vehicle registration fee, collected by the state DMV on behalf of the local governments, along with the state vehicle registration fee.
Iowa:
Iowa does not have a local vehicle registration fee that is similar to Wisconsin's municipal or county vehicle registration fee, collected by the state DMV on behalf of the local governments, along with the state vehicle registration fee.
Summary of factual data and analytical methodologies
Section
341.08 (4m), Stats., requires that the Department mail vehicle registration renewal notices to customers at least 30 days before registration expiration. As provided by s.
341.28(7)(a), Stats., automobile registration expiration may be any day of the month. The Department mails registration renewal notices for all registrations expiring during a month at one time. The Department must make, and test, any changes to text or billing on the renewal notice prior to selecting registration records for printing and mailing. As a result, the 60-day notice from municipalities or counties is insufficient, and this amendment increases the time to 90 days.
The Department has received numerous questions from municipalities and counties considering enacting a municipal or county vehicle registration fee, regarding operational issues. This amendment clarifies these points, for the benefit of those governments considering enacting such an ordinance. In particular, the amendment clarifies how the Department determines which county or municipality the vehicle is kept in; how the Department determines which vehicles are subject to the municipal or county registration fee calculation upon initial implementation; updates the mailing address for the Division of Motor Vehicles; and clarifies references to the municipal or county vehicle registration fee and the administrative fee per vehicle application.
Analysis and supporting documentation used to determine effect on small businesses
This proposed rule applies to municipalities and counties that enact, amend or repeal a municipal or county registration fee. Although a municipality or county action to enact, amend or repeal a municipal or county registration fee may affect small businesses, this rule has no effect on small businesses.
Small Business Impact
This proposed rule has no effect on small businesses. The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. Although a municipality or county action to enact, amend or repeal a municipal or county registration fee would affect the revenues of the municipality or county, this rule has no fiscal effect.
Anticipated costs incurred by private sector
The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Agency Contact Person and Submission of Written Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Carson Frazier, Department of Transportation, Bureau of Vehicle Services, Room 253, P. O. Box 7911, Madison, WI 53707-7911. You may also contact Ms. Frazier by phone at (608) 266-7857 or via e-mail:
carson.frazier@dot.state. wi.us, to obtain copies of the proposed rule.
