Sections 250.04 (7), 250.06 (1) and 251.06 (3) (e), Stats.
The subject matter of ch. HFS 139 relates to qualifications of public health professionals employed by local health departments.
Reason for rules, intended effects, requirements:
This is a revision of current rules dating from 1984 and amended in part in 1988, that establish qualifications for public health professionals employed by local health departments. The rules are being updated following the updating and renumbering of the public health statutes by 1993 Wis. Act 27 and on recommendation of state-local committees that, following up on the statute changes, recommended adoption of specified new public health rules and revision of some of the current public health rules.
The revised rules differ from the current rules in that qualifications for local health officers are now set out in statute, and so are simply referenced in the rules; sections on public health professionals “serving as health officers for the purpose of communicable disease control” or “who direct environmental health programs” are deleted because they are not rooted in statute; a section on public health sanitarian qualifications is added; and two provisions, one relating to public health nurses and the other to directors of public health nursing, have been deleted because they expired in December 1991.
Agency Procedure for Promulgation
Public hearing under ss. 227.16, 227.17 and 227.18, Stats.; approval of rules in final draft form by DHFS Secretary; and legislative standing committee review under s. 227.19, Stats.
Contact Person
Margaret Schmelzer
Division of Health
Telephone (608) 266-0877
Insurance, Commissioner of
Rule Submittal Date
In accordance with ss. 227.14 and 227.15, Stats., the Office of the Commissioner of Insurance is submitting a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse on July 15, 1997.
Analysis
These changes will affect ss. Ins 2.14 and 2.16, Wis. Adm. Code, relating to life insurance solicitation.
Agency Procedure for Promulgation
The date for the public hearing is September 5, 1997.
Contact Person
To obtain a copy of the proposed rule, contact:
Meg Gunderson
OCI Central Files
Telephone (608) 266-0110
For additional information, please contact Stephen Mueller at (608) 267-2833 or e-mail at
smueller@mail.state.wi.us in the OCI Legal Unit.
N o t i c e S e c t i o n
Notice of Hearing
Commissioner of Insurance
Notice is hereby given that pursuant to the authority granted under s. 601.41(3), Stats., and the procedure set forth in under s. 227.18, Stats., OCI will hold a public hearing to consider the revision of ss. Ins 2.14 & 2.16, Wis. Adm. Code, relating to life insurance solicitation.
Hearing Information
September 5, 1997 Room 23
Friday OCI, 121 East Wilson St.
10:00 a.m. Madison, WI
or as soon thereafter as the matter may be reached
Written Comments
Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI within 14 days following the date of the hearing. Written comments should be addressed to: Stephen Mueller, OCI, PO Box 7873, Madison WI 53707.
Analysis Prepared by the Office of the Commissioner of Insurance
Statutory authority: ss. 600.01(2), 601.41(3), 601.42, 628.34(12)
Statutes interpreted: ss. 600.01, 628.34 (12)
Effective January 1, 1998 Wisconsin will adopt the National Association of Insurance Commissioners Life Illustrations Model Regulation as s. Ins. 2.17 Wis. Adm. Code. These changes are needed to adapt other rules pertaining to life illustrations to s.Ins. 2.17. These changes will be made by emergency rule to synchronize with s. Ins. 2.17.
• The main changes proposed to s. Ins 2.14 include:
• Eliminating the requirement that a policy summary be provided at delivery, if a basic illustration was provided at the time of sale.
• Eliminating the requirement that cost indexes be shown on the policy summary.
• Prohibiting insurers from illustrating anything except guaranteed policy elements, on the policy summary, and requiring that values be illustrated for years 1-20 and at least one year between age 60 and 65, or maturity, whichever is earlier.
• Requiring that only guaranteed elements be used in the calculation of cost comparison indexes. As a result, the formulas for calculating the net payment cost index and the surrender cost index have been revised and any reference to the equivalent level annual dividend has been deleted from the rule.
• Requiring that insurers use the most current version of the NAIC Life Insurance Buyer's Guide.
• The main changes proposed to s. Ins 2.16 include:
• Excluding a basic illustration from the definition of an advertisement.
• Revising the purpose of the rule to indicate that the rule is in addition to, and not a substitute for s. Ins 2.17.
Fiscal Estimate
There will be no state or local government fiscal effect.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected:
Insurance agents
b. Description of reporting and bookkeeping procedures required:
None beyond those currently required.
c. Description of professional skills required:
None beyond those currently required.
Contact Person
A copy of the full text of the proposed rule and fiscal estimate may be obtained from Meg Gunderson, Services Section, Office of the Commissioner of Insurance, at (608) 266-0110 or at 121 East Wilson Street, PO Box 7873, Madison WI 53707-7873.
Notice of Hearings
Natural Resources
(Environmental Protection-
General, Chs. NR 100--)
Notice is hereby given that pursuant to ss. 227.11(2)(a), 281.15, 283.001 and ch. 289, Stats., interpreting ss. 281.12(1), 281.15, 283.001 and ch. 289, Stats., the Department of Natural Resources will hold public hearings on the amendment of s. NR 103.08(4)(b) and the creation of s. NR 103.08(4)(c), Wis. Adm. Code, relating to water quality standards for wetlands specific to the cranberry industry.
In August, 1996, the Department held public hearings on rules relating to water quality standards for wetlands, water quality certification and landfill location, performance and design criteria. The Department now proposes, by amending s. NR 103.08(4)(b), to evaluate the significance of wetland functions at the same time as practicable alternatives are considered for cranberry activities. This change allows the flexibility to balance the scope and detail of the alternative analysis with the quality of the affected wetland. The proposed revisions also address the extensive concerns and comments received on the original proposal about reversing the alternatives and functional analysis sequence, introducing language not defined or used in the current federal and state law, regulations or guidelines, switching the burden of proof from the project proponent to the Department and inconsistencies with federal language by simply specifically including cranberry activities into existing language, procedures and criteria. The change also recognizes the historical relationship of existing cranberry operations and wetlands by treating cranberry operations the same as wetland dependent activities.
The initial proposal limiting the scope of practicable alternative for expansion activities of existing cranberry operations to current property boundaries received significant public comment. The proposed s. NR 103.08(4) has been modified to deal only with the practicable alternatives analysis specific to cranberry operations. Changes were made both to define “expansion activities” and to make the covered activities consistent with those in the federal Clean Water Act Section 404 program. Language which addressed how the Department determines compliance with the chapter was removed. Language allowing the consideration of property adjacent to existing cranberry operations in the practicable alternatives was added consistent with language for the expansion of landfills.
Fiscal Estimate
There is no fiscal effect.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Notice is hereby further given that the Department has 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.
Hearing Information
August 11, 1997 Council Chambers, City Hall,
Monday 444 W. Grand Avenue
at 11:00 a.m. AND 5:00 p.m. Wisconsin Rapids
August 12, 1997 Room 4
