Insurance
Subject
Revises section Ins 6.90, Wis. Adm. Code, relating to designations or certifications purporting to demonstrate special expertise in the financial or retirement needs of seniors and affecting small business.
Objective of the Rule
The purpose of this proposed rule is to set forth standards to protect consumers from misleading and fraudulent marketing practices with respect to the use of senior-specific certifications and professional designations in the solicitation, sale or purchase of, or advice made in connection with an insurance product.
Policy Analysis
Existing law generally prohibits misrepresentation in the sale of insurance. This proposed rule is intended to prohibit Wisconsin intermediaries from using misleading senior designations or certifications.
Statutory Authority
Sections 601.41 (3) and 628.34 (12), Stats.
Comparison with Federal Regulations
There is currently no federal regulation of the use of senior specific designations or certifications in the sale of insurance products. The proposed rule is based on a “Model Regulation on the Use of Senior-Specific Certifications and Professional Designations in the Sale of Life Insurance and Annuities" developed by the National Association of Insurance Commissioners (“NAIC Model Regulation") and given final approval by the full NAIC membership, including Wisconsin, at the NAIC's Fall National Meeting in September 2008. The new model follows the approach for regulating senior-specific designations taken in the model rule adopted on April 1, 2008 by the North American Securities Administrators Association (NASAA).
Entities Affected by the Rule
Insurance Intermediaries, organizations providing training and certification for senior-specific designations, and insurers.
Estimate of Time Needed to Develop the Rule
200 hours and no other resources are necessary
Natural Resources
Fish, Game, etc., Chs. NR 1
Subject
Revises Chapters NR 10, 16 and 19, relating to housekeeping changes to the rules relating to hunting, trapping and captive wild animals.
Objective of the Rule
These rule changes relate to hunting, trapping and captive wild animals and are minor and unlikely to be controversial. The intent is to correct drafting errors, provide clarification to existing rules, simplify regulations, and update administrative code language and references. Specifically, these rules will clarify ammunition types which may be used for deer hunting, update a cross reference to clarify that hunting is allowed on the day before October or December firearm deer hunts, make earn-a-buck regulations consistent for disabled archery and firearm hunters, update educational trapping opportunity language, update deer transportation rules, update a migratory bird rule cross reference, update and correct trap type and placement rules, and eliminate unit-wide disabled turkey hunter participation limits. Finally, this rule will update wildlife rehabilitation code.
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
Sections 29.014, 29.053(3), 29.063, 169.24 and 169.02, Stats.
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.
Entities Affected by the Rule
Groups and individuals who are likely to be interested in the outcome of these rule changes include hunters, trappers and wildlife rehabilitators. However, because of the corrective and non-controversial nature of these changes no groups will be significantly impacted.
Estimate of Time Needed to Develop the Rule
150 hours.
Contact Information
Scott Loomans
101 S Webster Street
Madison, WI 53707
608-267-2452
Workforce Development
Migrant Labor, Ch. DWD 301
Subject
Revises section DWD 301.07 (11) and (16), relating to migrant labor camps — outside stairways and shower facilities.
Objective of the Rule
DWD is considering changes to the rules for migrant labor camps which would specify that, when the housing consists of a mobile or manufactured home, the exterior stairways shall have handrails, and the housing unit and all exterior stairways and handrails shall be firmly anchored to the ground and to each other, and that stairways and handrails shall be maintained in good repair. DWD is also considering a rule to specify that common use shower facilities for men must be equipped with a movable partition or divider to permit the separation of children from adults. Both of these proposals have come from the Governor's Council on Migrant Labor.
Policy Analysis
The current rules for migrant labor camps contain other requirements for the housing provided to migrant workers, but do not cover these two specific topics.
Statutory Authority
Sections 103.905 (1), 103.005 (1), and 227.11, Stats.
Comparison with Federal Regulations
There is no existing or proposed federal regulation which addresses these issues.
Entities Affected by the Rule
The proposed rule will affect the operators of migrant labor camps, which are subject to annual inspections by the DWD before the issuance of certificates of operation.
Estimate of Time Needed to Develop the Rule
20 hours.
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