Scope Statements
Administration
Subject
Creating ch.
Adm 70, relating to electronic recording of documents in the office of the county register of deeds.
Policy Analysis
The Department of Administration in cooperation with the Wisconsin Electronic Recording Council proposes to establish recording standards and practices, including the Property Records Industry Association (PRIA) technical standards, that achieve harmony with other jurisdictions, provide for integrity and security of transmissions, and promote efficiencies and improved service.
Statutory Authority
Entities Affected by the Rule
Wisconsin Registers of Deeds, members of the real estate community who prepare, organize and submit documents for recording (submitters), individual citizens that are served by the real estate community or who act on their own behalf to record and receive documents, vendors that provide service to submitters and local registers, and private and professional people who conduct records research in the land records systems of the register of deeds such as real estate attorneys; banks, mortgage and title companies.
Comparison with Federal Regulations
The Uniform Electronic Transactions Act (UETA) and the Uniform Real Property Electronic Recording Act (URPERA) are state model acts adopted by Wisconsin with the intention of preempting the application of the federal Electronic Signatures in Global & National Commerce Act (ESIGN). ESIGN allows states to preempt the federal act when the official text of UETA is adopted.
Estimate of Time Needed to Develop the Rule
Roughly 100 hours of attorney and other professional staff time will be required of Department of Administration to support the rule and guidance development effort.
Commerce
Licenses, Certifications and Registrations,
Ch.
Comm 5
Subject
Revising ch.
Comm 5, relating to licenses, certifications and registrations mandated as a result of legislation enacted during the 2007-2008 session.
Objective of the Rule
Currently, legislative proposals involve the licensing of electricians, building contractors and subcontractors, thermal insulators, fireworks sellers and propane distributors.
On its own initiative the department is considering the licensing of fire inspectors, public swimming pool installers and cross connection control surveyors and possible modifications under chapter Comm 5 to reflect process efficiencies. The purpose of licensing fire inspectors would be on a voluntary basis to recognize delegation of the responsibilities to accomplish the fire inspections mandated under s.
101.14, Stats. The purpose of licensing pool installers would be for assigning the responsibility of facilitating or overseeing code compliance during construction. The purpose of licensing the cross connection control surveyors would be to compliment and assist the Department of Natural Resources to protect safe water supplies as directed by the federal government.
The objectives of this rule project may be incorporated into more than one rule package.
Policy Analysis
Chapter
Comm 5 establishes licensing, certification and registration programs for a variety of building trades, both for individuals and businesses. Currently under ch.
Comm 5, no licensing program exists for thermal insulators, fireworks sellers, propane distributors, public swimming pool installers and cross connection control surveyors. With the exception of dwelling contractors, electrical contractors, and HVAC contractors, the department does not have a licensing program for building contractors and subcontractors.
Section
101.14, Stats., mandates local fire chiefs to accomplish annual fire inspection in order to eliminate potential fire hazards. In practice, fire chiefs typically this responsibilities to fire inspectors.
Failure to implement the statutory licensing mandates would be contrary to these legislative mandates.
If the department chooses not to license public swimming pool contractors and cross connection control surveyors the status quo would continue relative to individuals engaged in those activities.
Statutory Authority
Chapters
101,
145 and
167, Stats., as affected by 2007– 2008 legislation.
Entities Affected by the Rule
If all of the proposed legislation were to be enacted, it is anticipated that at least the following businesses and individuals would be affected by the rules: all contractors and subcontractors associated with building construction, electrical contractors, propane distributors, fireworks sellers, public swimming pool installers, electricians, thermal insulators, and individuals providing cross connection control surveys for municipal water purveyors. The licensing of fire inspectors may potentially impact private fire inspection contractors.
Comparison with Federal Regulations
An internet-based search of the
Code of Federal Regulations (CFR) and the
Federal Register did not find any federal regulations relating to the licensing activities to be regulated under the rules. Under
40 CFR 142.10 (b) (2), states are required to have a systematic program for conducting sanitary surveys of public water systems.
Estimate of Time Needed to Develop the Rule
The department estimates approximately 1,000 hours will be needed to perform the review and develop any needed rule changes. This time includes forming and meeting with an advisory councils, if necessary, drafting the rule changes and processing the changes through public hearings, legislative review, and adoption. The department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Insurance
Subject
Revising s.
Ins 2.07, relating to replacement of life insurance of annuity contracts; disclosure requirements and affecting small business.
Objective of the Rule
The purpose of this rule is to protect the interests of life insurance and annuity purchasers by establishing minimum standards of conduct and procedures to be observed in replacement and financed purchase transactions.
Policy Analysis
This rule expands and updates coverage of marketing practices addressed under current rules to assure that purchasers receive adequate information and to reduce the opportunity for misrepresentation and incomplete disclosure. The rule will enhance uniformity as it will be based upon an NAIC model that has been adopted by a significant number of other states.
Statutory Authority
Entities Affected by the Rule
The proposed rule will affect insurers that offer life insurance and annuity products and producers who market them.
Comparison with Federal Regulations
The office is unaware of any proposed or existing federal regulation that is intended to address the activities to be regulated by this proposed rule.
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
Revising s.
NR 47.70, relating to the county forest administration grant program.
Objective of the Rule
The change makes eligible for cost-sharing, a county's dues to a non-profit agency that represents the collective interests of counties in the county forest program and that serves as a liaison to the Department of Natural Resources.
Policy Analysis
