Date: May 14, 2003
Time: 11:00 a.m., or as soon thereafter as the matter may be reached
Place: Room 223, OCI, 125 S. Webster , Madison, WI
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 3 days following the date of the hearing. Written comments should be addressed to: Alice M. Shuman-Johnson, OCI, PO Box 7873, Madison WI 53707
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Copies of Rule and Contact Person
A copy of the full text of the proposed rule changes and fiscal estimate may be obtained from the OCI internet WEB site at http://www.state.wi.us/agencies/oci/ocirules.htm or by contacting Inger Williams, Services Section, Office of the Commissioner of Insurance, at (608) 264-8110 or at 121 East Wilson Street, PO Box 7873, Madison WI 53707-7873.
Analysis Prepared by the Office of the Commissioner of Insurance
Statutory authority: ss. 601.41 (3), 655.004, 655.275 (10), 655.27 (3) (b), and 655.61, Stats.
Statute interpreted: s. 655.27 (3), Stats.
The commissioner of insurance, with the approval of the board of governors (board) of the patients compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund. This rule establishes those fees for the fiscal year beginning July 1, 2003. These fees represent a 5% increase compared with fees paid for the 2002-03 fiscal year. The board approved these fees at its meeting on February 26, 2003, based on the recommendation of the board's actuarial and underwriting committee.
The board is also required to promulgate by rule the annual fees for the operation of the patients compensation mediation system, based on the recommendation of the director of state courts. This rule implements the funding level recommendation of the board's actuarial and underwriting committee by establishing mediation panel fees for the next fiscal year at $19.00 for physicians and $1.00 per occupied bed for hospitals, representing no increase from 2002-03 fiscal year mediation panel fees.
This rule also creates s. Ins. 17.285 (14) that establishes a rate of compensation for fund peer review council members and consultants of $250 per meeting attended or $250 per report filed by consultant based on the consultant's review of a file.
Fiscal Estimate
The Patients Compensation Fund (Fund) is a segregated fund. Annual Fund fees are established to become effective each July 1, based on actuarial estimates of the Fund's needs for payment of medical malpractice claims. The proposed fees were approved by the Fund's Board of Governors at its February 26, 2003 meeting.
There is no effect on GPR.
Estimated revenue from fees, for fiscal year 2003-2004, is approximately $28.8 million, which represents a 5% increase to fiscal year, 2002-2003 fee revenue.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 29.041, 29.014 (1), 29.519 (1) (b) and 227.11 (2) (a), Stats., interpreting ss. 29.041, 29.014 (1) and 29.519 (1) (b), Stats., the Department of Natural Resources will hold public hearings on revisions to s. NR 25.09, Wis. Adm. Code, relating to commercial netting of whitefish in Lake Michigan. Under current rules, commercial whitefish trap nets must be removed from waters of Lake Michigan south of Kewaunee from June 28 through Labor Day. The proposed rule would allow summer trap netting south of Kewaunee in two limited areas, one near Manitowoc and Two Rivers and one near Sheboygan. The maximum number of nets that can be used by any individual license holder in those areas during summer would be limited to three. New net marking requirements are created.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses.
Initial Regulatory Flexibility Analysis
a. Types of small businesses affected: Commercial fishers of whitefish.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made 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
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Wednesday, May 14, 2003 at 7:00 p.m.
Main Ballroom, Great Lake Water Institute,
UW-Milwaukee
600 E. Greenfield Avenue
Milwaukee, WI
Thursday, May 15, 2003 at 7:00 p.m.
Lake Michigan Conference Room
Lakeshore Tech. College
1290 North Ave.
Cleveland, WI
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bill Horns at (608) 266-8782 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
None anticipated.
Contact Person
Written comments on the proposed rule may be submitted to Mr. Bill Horns, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707 no later than May 19, 2003. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule (FH-46-02) and fiscal estimate may be obtained from Mr. Horns.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
[CR 03-034]
NOTICE IS HEREBY GIVEN that pursuant to ss. 20.370 (1) (cr), 77.06 (2), 77.91 (1) and 227.11 (2) (a), Stats., interpreting ss. 77.06 (2), 77.82 and 77.91 (1), Stats., the Department of Natural Resources will hold public hearings on revisions to ch. NR 46, Wis. Adm. Code, relating to the administration of the Forest Crop Law and the Managed Forest Law. The proposed rule will repeal and recreate s. NR 46.30 (2) (a) to (c) to revise the annual stumpage values used to calculate severance and yield taxes due on timber cut during the period from November 1, 2003 through October 31, 2004. Thirteen separate zones reflect varying stumpage values for different species and products across the state. The average price change for sawtimber is a 6.7% increase over current rates. The pulpwood prices are, on the average, decreased 3.3%.
Other revisions are necessary to bring the rule into compliance with the statutory changes in 2001 Wis. Act 109. The areas revised include: a change creating a permanent opportunity for landowners to convert Forest Crop Law contracts to Managed Forest Law contracts; a change in the application fee from $20 to $100 for those landowners applying without submitting a qualifying management plan; and clarification of what constitutes a qualifying management plan.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses.
Initial Regulatory Flexibility Analysis
a. Types of small businesses affected: Small private forest landowners and forest industries enrolled under the Forest Crop Law and Managed Forest Law.
b. Description of reporting and bookkeeping procedures required: No new procedures.
c. Description of professional skills required: No new skills.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made 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
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Tuesday, May 13, 2003 at 10:30 a.m.
CS/G3 Conference Room, 3rd Floor, GEF #3
125 S. Webster Street, Madison
Wednesday, May 14, 2003 at 9:00 a.m.
Wetland Room, Bay Beach Wildlife Area
1660 E. Shore Drive
Green Bay
Thursday, May 15, 2003 at 1:00 p.m.
Room 158, DNR Region Headquarters
1300 W. Clairemont
Eau Claire
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Linda DePaul at (608) 266-3545 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The new 2003 stumpage rate schedule includes an average 6.7% increase in sawtimber prices and a decrease of 3.3% in cordwood prices. The severance and yield tax collection in CY 2002 was $1,439,594.43. Of this, about 20% of the gross revenue is from sawtimber harvests. Eighty percent of the revenue was related to cordwood harvests. As a result, a 6.7% increase in sawtimber prices will produce an increase in gross revenue of about $19,291. A 3.3% decrease in cordwood values will generate a decrease of $38,005 in revenue. The net result would be a decrease of $18,714. The gross receipts are shared between the municipality and state, with each receiving approximately 50%. The municipality in turn shares 20% of their receipts with the county.
The net fiscal impact is based on the assumption that the volume and ratio of pulpwood and sawtimber will remain the same this year as last year.
The net fiscal effect of the rule change will be about $9,357 decrease in state revenue and a $9,357 decrease in local revenue. The state revenue received from severance and yield taxes are deposited in the Forestry account of the Conservation Fund.
Contact Person
Written comments on the proposed rule may be submitted to Ms. Linda DePaul, Bureau of Forestry, P.O. Box 7921, Madison, WI 53707 no later than May 17, 2003. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule (FR-18-03) and fiscal estimate may be obtained from Ms. DePaul.
Notice of Hearing
Natural Resources
(Air Pollution Control, Chs. NR 400—)
[CR 03-037]
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.11 (2) (a), 285.11 and 285.27 (2), Stats., interpreting s. 285.27 (2), Stats., the Department of Natural Resources will hold a public hearing on revisions to chs. NR 460, 465 and 484, Wis. Adm. Code, including the creation of Appendix NNNN to ch. NR 460 and subch. III to ch. NR 465, Wis. Adm. Code, relating to national emission standards for hazardous air pollutants for facilities that apply surface coatings to large appliances. The Department proposes to adopt existing national emission standards for hazardous air pollutants (NESHAP). This NESHAP became effect on July 23, 2002 when it was published in the Federal Register as 40 CFR 63 Subpart NNNN. Section 285.27 (2), Stats., requires the Department to promulgate NESHAPs into the Wisconsin Administrative Code.
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. Since the proposed rule simply mirrors the federal requirements, it will not have an additional adverse impact on small businesses.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made 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.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, May 20, 2003 at 1:30 p.m.
Room 511, GEF #2
101 South Webster St.
Madison, WI
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
None anticipated.
Contact Person
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