Scope Statements
Administration
Subject
Creates Chapter
Adm 24, relating to debarment, suspension, and ineligibility of Department of Administration contractors.
Objective of the Rule
The purpose of the proposed rule is to set forth the policies and procedures governing debarment and suspension of contractors from state construction contracts involving the Department of Administration.
Policy Analysis
Pursuant to s.
16.85, Stats., the Wisconsin Department of Administration is responsible for the supervision of all engineering, architectural services or construction work performed by, or for, the state in the construction and acquisition of new buildings or improvements and additions to existing buildings. The Department solicits bids from, awards contracts to, and approves subcontracts with, responsible business concerns and individuals as prescribed in Chapters
Adm 20 and
21. The Department proposes creating a rule similar to Trans 504 adopted by the Department of Transportation (DOT) for debarment and suspension of contractors from state construction contracts involving DOT. The department has determined that the proposed rule is in the public interest to protect the government from contractor misconduct.
Statutory Authority
Comparison with Federal Regulations
Subpart 9.4, of Title 48 of the Federal Acquisition Regulations prescribes policies and procedures governing the debarment and suspension of contractors for cause by federal government agencies. These regulations also provide for the listing of contractors debarred, suspended, proposed for debarment and declared ineligible, and sets forth the consequences of this listing.
Entities Affected by the Rule
Prospective bidders responding to the Department's proposals for specific construction projects.
Estimate of Time Needed to Develop the Rule
Approximately 80 hours of department staff time will be needed to promulgate the rules.
Contact Information
Donna Sorenson, Paralegal
Wisconsin Dept. of Administration
101 E. Wilson Street, Madison, WI 53707-7864
Phone: (608) 266-2887
Financial Institutions — Securities
Subject
Revises Chapters
DFI-Sec 1,
2,
4,
5,
8 and
32, making minor revisions to securities law and franchise law administrative code sections.
Policy Analysis
The purpose of the rule is to bring these sections into conformity with Wisconsin securities statutes which were substantially revised in 2008 with the adoption of the Uniform Securities Act of 2002, as well as reflect current industry and regulatory practices. Matters affected include statutory citations, definitions, securities registration exemptions, prohibited conduct involving investment adviser solicitation activities, electronic filings, appearances and defaults, and amendments to franchise registration statements.
Statutory Authority
Comparison with Federal Regulations
Section 203(e) and (f), and 206(4)-3 of the Investment Advisers Act of 1940.
Entities Affected by the Rule
Issuers of securities exempt from registration, securities broker-dealers, investment advisers and entities soliciting persons to be clients of investment advisers, federal and state securities regulatory authorities, securities self-regulatory organizations, and franchisors amending their franchise registrations.
Estimate of Time Needed to Develop the Rule
100 hours.
Contact Information
Mark Schlei, Deputy General Counsel
Department of Financial Institutions
Office of the Secretary
P.O. Box 8861, Madison, WI 53708-8861
Phone: (608) 267-1705
Insurance
Subject
Revises section
Ins 51.01, relating to the risk-based capital of health insurers, property and casualty insurers, and fraternal insurers.
Objectives of the Rule
The objective of the proposed rule is to improve the monitoring of insurer solvency by modifying the risk-based capital (RBC) requirements so that the definition of a company action level event includes a trend test for property and casualty insurers, and a trend test for health insurers, and the removal of the exemption for fraternal insurers.
Policy Analysis
Currently ch.
Ins 51 requires property and casualty insurers and health insurers to calculate their authorized control level RBC in accordance with the National Association of Insurance Commissioners (NAIC) instructions. The NAIC has amended the instructions for property and casualty insurers and for health insurers to include a trend test. Currently ch.
Ins 51 does not include the trend tests in the definition of a company action level event, an event in which a company is required to submit a corrective plan. Currently a company action level event occurs if a health insurer's or a property and casualty insurer's adjusted capital is less than 2.0 times the authorized control level RBC, and more than 1.5 times the authorized control level RBC. Under the proposed rule a company action level event would also occur if the insurer's adjusted capital is between 2.0 and 3.0 times the authorized control level RBC and the insurer triggers the negative trend test determined in accordance with the NAIC instructions.
Currently, fraternal insurers are exempt from the RBC filing requirements, unless the commissioner finds that inclusion of fraternal insurers would improve solvency monitoring. The proposed rule would remove the general exemption for fraternal insurers and fraternal insurers would be subject to the same RBC reporting requirements as life insurers.
Statutory Authority
Comparison with Federal Regulations
There are no federal regulations which address the subject matter of the proposed rule.
Entities Affected by the Rule
The proposed rule affects health insurers and property and casualty insurers that are subject to risk-based capital calculation, and affects fraternal insurers by making them subject to risk-based capital reporting requirements.
Estimate of Time Needed to Develop the Rule
100 hours and no other resources are necessary.
Natural Resources
Environmental Protection — General, Chs.
NR 100—
(DNR # WT-29-09)
Subject
Revises Chapter
NR 114, relating to certification requirements of waterworks and wastewater treatment plant operators; and to the certification of septage servicing operators.
Policy Analysis
The Department is proposing revisions to Ch.
NR 114 Subchapter
I Certification Requirements of Waterworks and Wastewater Treatment Plant Operators. As a result of advances/changes in wastewater and computer technologies, there are now many ways for operators to receive education and training to gain knowledge and competency in the wastewater profession besides through examination alone. The Department plans to review and clarify the wastewater treatment plant classifications and subclasses, and possibly propose changes in the certification exam process and certification requirements for wastewater treatment plant operators.
The Department also proposes to revise Ch.
NR 114 Subchapter
II Certification of Septage Servicing Operators. The Department proposes amendments to clarify code language to better reflect general requirements for newly certified operators and career advancement certification levels. Also proposed is the removal of outdated grandfathering language.
Statutory Authority
Section
281.17 (3), Wis. Stats., authorizing the Department to establish a program for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles.
Comparison with Federal Regulations
Surrounding states including Illinois, Michigan, Minnesota and Iowa all have licensing programs for domestic septage. Though not specifically required by 40CFR part 503 regulations, most states operate a license/certificate program for septage service operators, though some delegate to individual counties or municipalities. Record keeping, certification of pathogen reduction, vector attraction requirements, odor control, crop restrictions, nutrient management, and protection to the environment are the main points of emphasis in typical state septage programs.
Entities Affected by the Rule
Entities affected by this rule amendment include:
1. Wisconsin Wastewater Operators Association (WWOA) that serves over 2,000 wastewater treatment plant professionals serving municipalities and industries throughout the state.
2. Wisconsin Rural Water Association (WRWA) that supports water & wastewater systems and operators.
3. Central States Water Environment Association (CSWEA) whose objectives include advancement of technology in the design and management of water quality systems and facilities and to promote sound policy in matters relating to the water environment.
4. Wisconsin Liquid Waste Carriers Association (WLWCA) that represent septage hauling businesses servicing portable toilets and private septic systems, septage hauling businesses that transport liquid wastes to treatment plants, and those that dispose liquid wastes through land application.
5. Others affected by the rule include septage servicing operators not represented by the WLWCA.
6. Technical colleges across the state, private trainers and consultants.
7. Septage disposal administrators at the county level.
Another possible affected entity is Department of Workforce Development (DWD) that would be involved in the creation of a state approved Wastewater Treatment Plant Operator Apprenticeship Program. This is likely to provide another method for training operators, especially for larger facilities, and a possible means to obtain an advanced certification level.
Estimate of Time Needed to Develop the Rule
The estimated time to develop the rule will likely be 18-24 months. During this time, the Department plans to meet with operator trainer stakeholders in the state as well as form a NR 114 Technical Advisory Committee (TAC) in the development of this rule revision.
Contact Information
The Department wastewater program contact is:
Jack Saltes
101 S. Webster St., Madison, WI
Phone: 608-264-6045
The Department septage servicing program contact is:
Fred Hegeman
101 S. Webster St., Madison, WI
Phone: 608-267-7611
The Department administrative program contact is:
Kelly Thompson
101 S. Webster St., Madison, WI
Phone: 608-266-8948
Veterans Affairs
Subject
Revises Chapter
VA 2 to allow for the repair or replacement of devices used for “Dental Care", “Hearing Care", or “Vision Care". This rule relates to the provision of the Assistance to Needy Veterans Grant program.
Objective of the Rule
The Board of Veterans Affairs has determined that the department needs to provide veterans with replacement “Dental Care", “Hearing Care and" “Vision Care" devices. The department intends to establish specific criteria for replacement or repair of lost or broken dentures, hearing aids and glasses relating to the purpose of administering the Assistance to Needy Veterans Grant program.
The rule will define the amount of available funds and frequency of repair or replacement of “Dental Care", “Hearing Care" and “Vision Care" devices available under the Assistance to Needy Veterans Grant program. The department wants to provide clarification for all parties who may seek benefits, assist veterans in seeking benefits and the department regarding the scope of benefits available in this program and to administer the program in accordance with the policies of the Board of Veterans Affairs.
Policy Analysis
Under current program rules, there is no provision for repairing or replacing devices used to provide “Dental Care", “Hearing Care" or “Vision Care". The current statutes do not provide additional opportunities to use the program where a veteran has lost or damaged dentures, hearing aids or eyewear after a veteran has exhausted initial eligibility for “Dental Care", Hearing Care" or “Vision Care". The goal of the program is to provide approximately the same level of care regarding “Dental Care", “Hearing Care", and “Vision Care" that is available under the United States Department of Veterans Affairs (USDVA) health care program to those veterans who could not qualify for that program. The USDVA provides eligible veterans with repairs of damaged or lost dentures, hearing aids or eyewear if specific criteria are met. The department believes that providing repair or replacement of devices used for “Dental Care", “Hearing Care" and “Vision Care" in accordance with care offered by the United States Department of Veterans Affairs will provide clarification of the scope of treatment available and allow the program to function in accordance with the policies established by the Board of Veterans Affairs.
Statutory Authority
Comparison with Federal Regulations
The Assistance to Needy Veterans Grant program is administered entirely under the authority of state law. The U.S. Department of Veterans Affairs provides health care for eligible veterans in accordance with Title 38 of the U.S. Code and Title 38 of the Code of Federal Regulations. All veterans applying for benefits under this program are required to apply for the same benefits from the U.S. Department of Veterans Affairs and to use that agency's services if found eligible. Any veteran who does not apply for benefits from that agency or does not accept benefits from that agency if eligibility is established is ineligible for the program. There is no other existing or proposed federal regulation that has any direct bearing upon the proposed rule.
Entities Affected by the Rule
The amended rules will affect veterans applying for the benefit, the department, providers of “Dental Care", “Hearing Care", and “Vision Care", and county veterans' service officers.
Estimate of Time Needed to Develop the Rule
Approximately 15 hours of Department of Veterans Affairs staff time will be needed to promulgate the rule.
