Comparison of similar rules in adjacent states
Illinois:
Public Act 95-1005 requires private insurers cover autism benefits for children under 21 years of age. No rule-making accompanied this law, however, the statute does include Applied Behavioral Analysis, intervention, and modification as a part of the covered behavioral treatments. The law is subject to pre-existing condition limitations. It is also subject to denials based on medical necessity.
Iowa:
A Bill, SF 1, was introduced in the Iowa legislature this year but did not pass. There are no other similar laws or rules in Iowa.
Michigan:
Two bills, HB 4183 and 4176, requiring autism coverage, have passed the Michigan House; however, they are not expected to reach a vote this year. There are no other similar laws or rules in Michigan.
Minnesota:
Section 62A.3094 was enacted and became effective August 1, 2009. The mandate requires coverage for the diagnosis, evaluation, assessment and medically necessary care for autism spectrum disorders including intensive evidence-based behavior therapy, behavior services, speech therapy, occupational therapy, physical therapy and medications.
Summary of factual data and analytical methodologies
The Commissioner created an advisory Autism Working Group to assist in the development of workable definitions of “intensive" and “nonintensive" level services; “qualified" providers and “paraprofessionals." The advisory working group was comprised of providers, insurers, advocates, parents of autistic children and representatives from the Department of Health Services familiar with the Medicaid Waiver program for autism services. The working group met seven times between June 23 and September 10, 2009, and continues to meet quarterly. This proposed rule reflects the advisory working group's recommendations.
Analysis and supporting documentation used to determine rule's effect on small businesses
There are no insurers offering disability insurance or state or local governmental self-funded entities that meet the definition of a small business.
Small Business Impact
This rule will have little or no effect on small businesses and does not impose any additional requirements on small businesses.
Small business regulatory coordinator
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266-7843 or at email address
eileen.mallow@wisconsin.gov.
Fiscal Estimate
This rule change will have no significant effect on the private sector regulated by OCI.
There will be no state or local government fiscal effect
Agency Contact Person
Inger Williams, OCI Services Section
Address: 125 South Webster Street, 2nd Floor
Madison WI 53703-3474
Mail: PO Box 7873
Madison, WI 53707-7873
Phone: (608) 264-8110
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # WM-02-10)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.011,
29.014,
29.024,
29.03,
29.053(3),
29.192,
29.193,
29.885,
169.21,
169.39 and
227.11, Stats., the Department of Natural Resources will hold a public hearing to consider revisions to Chapters
NR 8,
10,
12 and
17, Wis. Adm. Code relating to license and permit procedures, game and hunting, wildlife damage and nuisance control and dog trials and training.
Hearing Information
Date and Time: Location:
June 7, 2010 Natural Resources State Office Bldg.
Monday Room 613
at 2:00 PM 101 S. Webster Street
Madison, WI
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 Scott Loomans at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
Copies of Proposed Rule and Submittal of Written Comments
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Scott Loomans, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until
June 8, 2010. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Loomans.
Analysis Prepared by Department of Natural Resources
Statutory authority
Sections
29.011,
29.014,
29.024,
29.03,
29.053(3),
29.192,
29.193,
29.885,
169.21,
169.39 and
227.11, Stats.
Statutes interpreted
Sections
29.011,
29.014,
29.024,
29.03,
29.053(3),
29.192,
29.193,
29.324,
29.592,
29.885,
169.21,
169.39 and
227.11, Stats.
Plain language rule analysis
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. Policy issues affected by this rule are ones which have already been addressed by previous rulemaking. The proposed rules will:
1. Allow customers to request free hard copies of turkey, pheasant, trout, waterfowl or salmon stamps through the phone, a designated county clerk's office, or any department office that provides counter service.
2. Update agency contact information and requirements for administration of the Wildlife Violator Compact Program.
3. Clarify that a person who may only hunt with a mentor, and the mentor with whom they are hunting, can group hunt for deer even though they are only allowed to possess or control one firearm jointly. The season must be open for both hunters, they must be hunting within arms reach of one another, and both must possess the proper licenses and permits. This is consistent with s.
29.324, Stats., related to group hunting and simplifies the explanation of how this law applies during a mentored hunt.
4. Eliminate extraneous deer hunting season language and add a cross reference to update language following the 2006 sunset of a two-year experiment with seasons that did not include October antlerless only deer hunts.
5. Eliminate the description of where hunting is allowed at Big Bay state park because it is unnecessary and the only state park for which such language is established in code.
6. Update a cross reference related to the hours when hunting is allowed.
7. Clarify that in addition to .410 shotguns, it is also illegal to hunt deer, bear or elk with handguns which fire .410 shotgun slugs.
8. Update cross references related to deer registration and deer carcass tags in the CWD zone.
9. Clarify that enforcement action can be taken against a person who fails to report bobcat harvest as required.
10. Repeal a redundant, unnecessary prohibition on hunting from a roadway specifically for wild turkeys.
11. Clarify that when the assistant to a disabled hunter uses a firearm to aid in retrieval of a deer or turkey that has been shot by the disabled hunter, the assistant needs to possess a deer hunting license or any license that authorizes hunting when retrieving a turkey.
12. Clarify that disabled hunters participating in special hunts may tag a deer of either sex with their gun buck carcass tag and additional antlerless deer if they possess valid tags for that unit.
13. Move a provision to a more proper location in order to simplify code language about the removal of nuisance animals.
14. Clarify that a federal permit for the removal of certain nuisance animals can serve as the state permit in order to reduce paperwork. The state could still review permits.
15. Clarify that deer may be shot under the authority of nuisance permits on the day before the opening of nine day gun season in the CWD Management Zone where other firearm hunting is also allowed on that day. Outside the CWD Management Zone, hunting with firearms for species other than waterfowl would continue to be prohibited.
16. Clarify that hunters under the authority of damage and nuisance program permits can retain more than one deer when authorized by the department.
17. Clarify that pen standards apply to captive coyote, fox and rabbit when being transported or for the purpose of health care or treatment and special handling needs. These standards already apply for animals possessed under the authority of Ch.
NR 16 related to captive wildlife and to bear, bobcat and raccoon possessed under the authority of Ch.
NR 17, dog trials and training.
Related statute or rule
There are no state rules or statutes currently under promulgation that directly relate to the provisions that are proposed in this administrative order.
Comparison with federal regulations
These state rules and statutes do not relieve individuals from the restrictions, requirements and conditions of federal statutes and regulations. Regulating the hunting and trapping of native species has been delegated to state fish and wildlife agencies. Additionally, none of the proposed rules exceed the authorities granted to states in
50 CFR part 10.
Comparison with rules in adjacent states
These rule change proposals do not represent significant policy changes and do not differ significantly from surrounding states. All surrounding states have regulations and rules in place for the management and recreational use of wild game and furbearer species that are established based on needs that are unique to that state's resources and public desires.
Summary of factual data and analytical methodologies
This rule order is necessary to correct inconsistencies created through the promulgation of other rules and statutes, update code language, correct previous drafting errors, and to clarify existing administrative code language. The rule changes included in this order do not deviate from current department policy on the management of wildlife and the regulation of hunting and trapping.
Small Business Impact
Pursuant to s.
227.114, Stats., it is not anticipated that the proposed rules will have a significant economic impact on small businesses.
Environmental Impact
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.
Fiscal Estimate
State fiscal effect
None.
Local government fiscal effect
None.
Anticipated private sector costs
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector. Additionally, no significant costs are associated with compliance to these rules.
Long-range fiscal implications
None are anticipated.
Agency Contact Person
Scott Loomans
101 South Webster Street
PO Box 7921
Madison, WI 53707-7921
