Scope statements
Employment Relations Commission
Subject
Increasing the existing filing fees for Commission services so the Commission can retain employees necessary to avoid significant harm to the Commission's ability to provide timely dispute resolution services.
Policy analysis
Current and increased filing fees paid by users of Commission services provide program revenue support for employees who provide dispute resolution services that preserve labor peace in Wisconsin.
Statutory authority
Staff time required
25 hours.
Insurance
Subject
Relating to mortality tables and actuarial analysis, asset adequacy testing, reports and opinions.
Objective of the rule. The proposed rule would allow life insurers to use the 2001 CSO Mortality Table to calculate reserves and non-forfeiture benefits on life policies The proposed rule will also revise contains requirements regarding the testing and reporting of actuarial information by life insurers including fraternal benefit societies and revise the current mortality table rule.
Policy analysis
The existing requirements are contained primarily in s.
Ins 2.80 and Subch.
V of Ch. 50, Wis. Adm. Code. These provisions establish the mortality tables to be used by insurers to calculate reserves and non-forfeiture benefits and the requirements relating to testing and reporting of actuarial information. The proposed rule will allow use of an updated mortality table prepared by the National Association of Insurance Commissioners. This is under consideration because the table prepared by the NAIC more closely reflects current mortality experience. The proposed rule also will revise the requirements of testing and reporting actuarial information to eliminate some exemptions from asset adequacy analysis, and provide for more focused information in the actuarial opinion and memorandum. This proposed rule is under consideration because it is recommended for adoption by the NAIC, will increase the ability of management and regulators to monitor financial status, and assist with solvency regulation and analysis.
Statutory authority
Staff time required
100 hours.
Insurance
Subject
Regarding Chapter
Ins 50, Wis. Adm. Code, relating to annual audited financial reports, annual financial statements and examinations.
Objective of the rule. The purpose of this rule is to assure the availability of timely and reliable information concerning the financial condition of insurers by prescribing reasonable minimum standards and techniques of accounting and data handling.
Policy analysis
This rule clarifies the definition of work papers to reflect current technology, allows for disqualification of accounting firms or accountants who enter into agreements of indemnification with respect to insurer audits, and expands the duties and protection of accountants who conduct insurer audits.
Statutory authority
Staff time required
100 hours.
Natural Resources
Subject
Objective of the rule. The Department's Bureau of Air Management proposes to develop rules in ch.
NR 490 describing when an air pollution control permit becomes effective if the permit applicant seeks a contested case hearing on the permit.
The proposed rule is being developed in response to a decision issued in a Dane County Circuit Court case wherein Wisconsin Manufacturers and Commerce (WMC) and others sought a declaratory judgment on the Department's interpretation of the statute regarding permit appeals. While the Judge found the case was not ripe for declaratory judgment, she agreed with the plaintiff's contention that the Department's interpretation of the statute should be promulgated as administrative rules. The Judge ordered the Department to commence the rulemaking process within 40 days of its order and to diligently pursue rulemaking. She also ordered that the Department's current interpretation of the statute may continue to apply until the rules are promulgated.
Policy analysis
The Department's interpretation of the statute regarding permit appeals is that the entire permit or determination issued by the Department is stayed (not in effect) if it is appealed by the permit applicant. The Department plans to incorporate this interpretation in the proposed rules. Other policy alternatives have been sought by the regulated community, specifically that only that part of the permit appealed is stayed, while the rest of the permit takes effect. These alternatives will be debated as part of the rulemaking process.
Statutory authority
Sections
227.11 (2) (a) and
285.81, Wis. Stats., and Dane County Circuit Court Decision in WMC v. WDNR, (2003).
Staff time required
The Department estimates that it will spend approximately 326 hours of staff time developing this rule.
Natural Resources
Subject
Subject
Amendment of chs.
NR 190 and
191 relating to the establishment of a new 50% cost-share grant program for local units of government to prevent the spread and control of invasive aquatic species in the waters of the state.
Policy analysis
Section
23.22 (2) (c), Stats., directs the DNR to write rules to establish cost-share grants for the control of invasive species as part of a statewide invasive species control program. The new cost-share funding is available for local units of government to work with the state to deal with invasive species in inland lakes, streams and the Great Lakes. Careful consideration will be given to the types of activities that will be eligible for the $500,000 annual allotment. Preventing further spread of invasive species to other bodies of water will need to be balanced with the demand for projects to control existing and pioneer invasions in our waterways. While methods of prevention are well known, effective or lasting control methods have yet to be developed or perfected for many invasive aquatic species.
Statutory authority
Staff time required
The DNR will need approximately 210 hours.
Pharmacy Examining Board
Subject
Current requirements of s.
Phar 7.04 exclude the return or exchange of health items from community-based residential facilities, (CBRF's), jails or prison facilities, which are excluded from the definition of “inpatient health care facility". Phar 7.04 would be modified to include CBRF's, jails or prison facilities as a facility from which prescription drugs could be returned or exchanged, under limited circumstances.
Objective of the rule. The objective of modifying Phar 7.04 is to address unnecessarily incurred cost and inconvenience to patients or state agencies currently unable to return or exchange dispensed prescription drugs to the pharmacy from which they were dispensed. In instances where security and storage of dispensed prescription drugs in the CBRF, jail or prison facility context insures that the drugs are not defective, adulterated, misbranded or dispensed beyond their expiration date, such drugs would be treated similar to those dispensed in the inpatient health care facility context.
Policy analysis
The rationale for the current practices allowed by s.
Phar 7.04 will be reviewed to determine whether a proper distinction and difference in treatment can continue to be drawn in every CBRF, jail or prison facility context pertaining to the return or exchange of prescription drugs. Those instances of proper security and storage will be identified where possible, in combination with applicable administrative rules of the Department of Health and Family Services and Department of Corrections to cooperatively develop modifications to s.
Phar 7.04 to allow increased dispensing flexibility to better meet patient need.
Statutory authority
