Scope Statements
Employment Relations Commission
Subject
Amends Chapters
ERC 8,
21,
32, and
33 and creates Chapters
ERC 34,
60,
61,
62 and
63 to implement 2009 statutory changes in and additions to the collective bargaining laws administered by the Wisconsin Employment Relations Commission.
Objective of the Rule
Policy Analysis
New Administrative rules are needed to implement the University of Wisconsin System Faculty and Academic Staff Labor Relations statute. Existing administrative rules need to be amended to implement statutory changes in the interest arbitration law applicable to school district employees and the extension of collective bargaining rights to day care providers and research assistants.
Statutory Authority
Comparison with Federal Regulations
There are no existing or proposed applicable federal regulations.
Entities Affected by the Rule
University of Wisconsin System, school districts, and the State of Wisconsin.
Estimate of Time Needed to Develop the Rule
500 hours.
Insurance
Subject
Revises section
Ins 17.28 (3s), Wis. Adm. Code, relating to retroactive coverage requests.
Objective of the Rule
To establish an application fee for retroactive coverage requests and to establish a time limit for signed affidavits for these requests.
Policy Analysis
Current regulations allow for a health care provider to request retroactive coverage from the Injured Patients and Families Compensation Fund and the Wisconsin Health Care Liability Insurance Plan for any time period in which the provider had a gap in coverage. These requests are reviewed by the Board of Governor's Legal Committee which makes a recommendation to the Board which may grant the request. Currently no fee is charged for this process. This rule will establish a fee which must be paid at the time the request is filed.
The health care provider must sign and have notarized an affidavit stating that they are not aware of any incidents that occurred which may give rise to claim during the time period for which the retroactive coverage is being requested. Currently these affidavits have no time limit. This rule will impose a 100 days time limit. If the request cannot be addressed within this time limit, the health care provider will need to submit a new signed and notarized affidavit.
Statutory Authority
Comparison with Federal Regulations
There is no existing or proposed federal regulation addressing any medical malpractice fund like the Wisconsin Injured Patients and Families Compensation Fund.
Entities Affected by the Rule
All health care provider participants in the fund as set forth in s.
655.002 (1), Wis. Stats.
Estimate of Time Needed to Develop the Rule
100 hours estimated state employee time to promulgate this rule; other resources will include the review and recommendation of the board's legal committee as well as the full board of governors.
Insurance
Subject
Revises section
Ins 17.35 (4), Wis. Adm. Code, relating to primary coverage deductibles and affecting small business.
Objective of the Rule
To establish limitations as to the deductible amounts and related coverages for the required primary coverage for fund participants.
Policy Analysis
Current regulations do not place a limit on the amount of the deductible and is silent as to the types of coverage that a deductible may apply to, such as; indemnity, interest and defense costs. This rule will establish limitations to the deductible and will clarify what type of coverage the deductible may be applied.
Statutory Authority
Comparison with Federal Regulations
There is no existing or proposed federal regulation addressing any medical malpractice fund like the Wisconsin Injured Patients and Families Compensation Fund.
Entities Affected by the Rule
All health care provider participants in the fund as set forth in s.
655.002 (1), Wis. Stats.
Estimate of Time Needed to Develop the Rule
100 hours estimated state employee time to promulgate this rule; other resources will include the review and recommendation of the board's legal committee as well as the full board of governors.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Subject
Revises Chapters
NR 8,
10 and
12, relating to license and permit procedures, game and hunting and wildlife damage and nuisance control.
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 of these rule changes is to correct drafting errors, provide clarification to existing rules, simplify regulations, and update administrative code language and references. Specifically, these rules will allow the sales of conservation stamps by county clerks, consolidate state & federal animal depredation permits, allow the retention of multiple deer by animal damage control permit holders, update address information, establish violations for two existing prohibitions, repeal duplicative language related to turkey hunting, clarify regulations which apply to disabled hunters and assistants, and to clarify that nuisance animal removal related firearms discharge can occur on the day before deer hunting seasons other than the traditional 9-day season.
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
