Notice is hereby given that pursuant to the authority granted under s. 601.41(3), Stats., and the procedure set forth in under s. 227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting s. Ins 3.39, Wis. Adm. Code, relating to Medicare+Choice, Medicare Supplement and Replacement Policies.

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 14 days following the date of the hearing. Written comments should be addressed to: Julie E. Walsh, OCI, PO Box 7873, Madison WI 53707

Statutory authority: ss. 600.01(2), 601.41(3), 601.42, 628.34(12), 628.38, 632.81

Statutes interpreted: ss. 600.03 (28p) and (28r), 632.81

These changes bring the Wisconsin regulations in compliance with changes in federal law under the Balanced Budget Refinement Act and the Ticket To Work And Work Incentives Improvement Act of 1999 that amend section 1882 of the Social Security Act which governs Medicare Supplement Insurance. Further, these changes are also necessary to conform with the National Association of Insurance Commissioners (NAIC) Medicare Supplement Insurance Minimum Standards Model Act.

The changes specifically address the guaranteed issue provisions and the suspension of benefits and premiums. The changes also include the following: reference to a new federal program, Program of All-Inclusive Care for the Elderly (PACE), created under the Social Security Act; provisions for notice and election rights of those whose Medicare + Choice plan is terminated; modification to the notice that is provided to applicants describing Part B benefits within Medicare Supplement policies; and clarification regarding the sale of Medicare + Choice plans by full-time employees.

This rule does not impose any additional requirements on small businesses.

There will be no state or local government fiscal effect.

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:

Notice is hereby given that pursuant to ss. 29.014, 29.041, 29.197, 227.11(2)(a) and 227.24, Stats., interpreting ss. 29.014, 29.041 and 29.197, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-21-00(E) pertaining to the 2000 migratory game bird season. This emergency order took effect on September 1, 2000. The significant regulations are:

  Ducks – The state is divided into two zones each with a 60-day season. The season in both duck zones begins at noon September 30 and continues through November 28. The daily bag limit in both zones is 6 ducks, including no more than 4 mallards of which only one may be a hen, one black duck, one pintail, one canvasback, 2 redheads, 2 wood ducks and 3 scaup.

  Canada geese – The state is apportioned into three goose hunting zones: Horicon, Collins and Exterior. Other special goose management subzones within the Exterior Zone include Brown County, Burnett County, New Auburn, Rock Prairie and the Mississippi River.

  The youth waterfowl hunt is established for two consecutive days and a daily bag and possession limit for geese is established.

  The rule repeals and recreates baiting as it is defined under U.S. Fish and Wildlife Service migratory game bird hunting prohibited methods. The non-toxic shot requirements are also amended to be consistent with U.S. Fish and Wildlife Service rules.

  The rule also allows Canada goose hunters to attach goose kill permits to the neck or leg of a harvested goose within the Horicon and Collins zones.

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 Jon Bergquist at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the emergency rule may be submitted to Mr. Jon Bergquist, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than October 16, 2000. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the emergency rule [WM-21-00(E)]may be obtained from Mr. Bergquist.

There is no fiscal effect.

Section NR 1.445 is being created to implement the provisions of s. 23.091(8)(d), Stats., which requires county board approval if the department proposes to acquire land, using stewardship funds, in a county where 66% or more of the land is owned or under the jurisdiction of a governmental entity.

Three sections of ch. NR 50 pertaining to stewardship grants to local governments are being repealed and recreated in ch. NR 51. This will combine the rules for all stewardship grants into one chapter.

The key issues addressed by ch. NR 51 changes include: creation of programs for the acquisition of development rights, bluff protection, and the Baraboo Hills. Further, it limits grants for local governments to “nature-based outdoor recreation" purposes, makes shoreline enhancements eligible under the Urban Rivers program, and make protection of the Mid-Kettle Moraine and “wild lakes" a program priority. Nonprofit conservation organization eligibility has been expanded to all stewardship programs, including state park “friends" grants.

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.

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 pursuant to ss. 23.09(19), (20) and (20m), 23.0917, 23.092, 23.094, 23.096, 23.098, 23.17, 23,175, 23,197, 23,27, 23.20, 23,295, 30.24, 30.277 and 227.24, Stats., interpreting ss. 23.09(19), (20) and (20m), 23.0917, 23.092, 23.094, 23.096, 23.098, 23.17, 23,175, 23,197, 23,27, 23.20, 23,295, 30.24 and 30.277, Stats., the Department of Natural Resources will hold public hearings on Natural Resources Board Emergency Order No. CF-35-00(E) relating to the stewardship program. This emergency order took effect on September 1, 2000. The emergency order is identical to the proposed permanent rule.