In the course of the advisory committee meeting, a variety of outstanding issues were discussed. However, with one exception, there was virtually no consensus on any of the issues between members representing medical record maintainers and members representing medical record requesters. The one exception was that members encouraged the Department to develop a single fee structure to the extent possible.

Following the April 25th advisory committee meeting, the Department chose its positions on the remaining outstanding issues, revised its interim report to become its “final" report, and created a “final" iteration of its comment and response table. This initial proposed rulemaking order is the result of these efforts.

The rules limit the fee a health care provider may charge to provide duplicate medical records. The fee limit varies depending on the person making the request. If an individual (or the individual's personal representative on behalf of the individual) is requesting his or her own records, the provider may charge no more than $0.31 per page. Postage is extra. If anyone other than the individual is requesting the another's records, the provider may charge no more than $15.00 per request plus $0.31 per page. The $15.00 amount may be deemed a retrieval fee that individuals need not pay for copies of their own records.

Public hearings under ss. 227.16, 227.17 and 227.18, Stats.; approval of rules in final draft form by the DHFS Secretary; and legislative standing committee review under s. 227.19, Stats.

Larry Hartzke, 267-2943

On October 24, 2003, the Wisconsin Department of Natural Resources submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.

The proposed rule amends ss. NR 6.03 and 6.08, relating to snowmobile noise testing procedures.

The Bureau of Law Enforcement is primarily responsible for promulgation of this rule. Public hearings are scheduled for December 15 and 18, 2003.

Karl Brooks, Bureau of Law Enforcement

608-267-7455

On October 24, 2003, the Wisconsin Department of Natural Resources submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.

The proposed rule amends ss. NR 20.20 (73) and 25.06, relating to fishing for yellow perch in Green Bay.

The Bureau of Fisheries Management and Habitat Protection is primarily responsible for promulgation of this rule. A public hearing is scheduled for December 11, 2003.

Bill Horns, Bureau of Fisheries Management and Habitat Protection

608-266-8782

On October 24, 2003, the Wisconsin Department of Natural Resources submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.

The proposed rule amends s. NR 25.09, relating to net marking requirements for commercial trap nets set in Lake Michigan and Green Bay.

The Bureau of Fisheries Management and Habitat Protection is primarily responsible for promulgation of this rule. A public hearing is scheduled for December 12, 2003.

Bill Horns, Bureau of Fisheries Management and Habitat Protection

608-266-8782

On September 25, 2003, the Wisconsin Department of Natural Resources submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.

The proposed rule amends ss. NR 116.03 and 116.15, relating to the definition of a deck and that construction of a deck is not a modification or addition to a nonconforming structure.

The Bureau of Watershed Management is primarily responsible for promulgation of this rule. A public hearing is scheduled for December 15, 2003.

Gary Heinrichs, Bureau of Watershed Management

608-266-3093

On November 11, 2003, the Wisconsin Department of Public Instruction submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.

The proposed rule amends s. PI 27.03 (2) (e), relating to commencement of a school term.

The Office of the State Superintendent is primarily responsible for promulgation of this rules. Public hearings will be scheduled.

If you have questions regarding this rule, you may contact Anthony Evers, Deputy State Superintendent, at (608) 266-1771 or Lori Slauson, Administrative Rules Coordinator, at (608) 267-9127.

On November 11, 2003, the Department of Tourism submitted a proposed rule to the Legislative Council Rules Clearinghouse creating s. Tour 1.03 (3w), Wis. Adm. Code, relating to the joint effort marketing program.

Statutory Authority: s. 41.17 (4) (g), Stats.

Statutes interpreted: s. 44.17, Stats.

The Joint Effort Marketing program provides for grants to non-profit organizations engaged in tourism activities that are directed at increasing tourism spending in the local area. Grant funds may be used for the development of publicity, the production and media placement of advertising and direct mailings that are part of a project and overall advertising plan of the applicant organization intended to increase tourism in Wisconsin.

Funding may be used for advertising of an event, for advertising of a sales promotion and for destination marketing advertising that is not tied to an event or promotion, but which is directed at extending the tourism market for the applicant and which has been identified by the Department as a market for the state.

The proposal would allow the secretary of the department to waive the requirement that a project be directed at a local area for a project that will make a substantial impact upon the state's tourism economy.

A public hearing is required and scheduled for Monday, December 15, 2003 at 10:00 a.m. in conference room 2b, 201 W. Washington Avenue, Madison, Wisconsin.

For additional information or to obtain a copy of the proposed rule contact Abbie Hill, Joint Effort Marketing Program Coordinator, Tel: 608/261-6272; Email ahill@tourism.state.wi.us

On November 4, 2003, the Wisconsin Department of Veterans Affairs submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse creating chapter VA 17 of the Wisconsin Administrative Code. The proposed rule relates to the administration of the military funeral honors program.

The creation of chapter VA 17 will enable the Wisconsin department of veterans affairs to address several issues relating to the administration of the military funeral honors program under s. 45.19, Stats. The proposal will scale the statutory stipend payment to the level of honors performed by a veterans organization. It will impose a training and certification requirement for stipend reimbursement, as well as require a veterans organization to apply for available federal funding in lieu of receipt of a stipend payment. It will further that burials in state veterans cemeteries will accompanied by funeral honors, unless the family requests that honors not be provided. Finally, the proposed order identifies the requirements applicable to the provision of a special burial coin to family members.

A public hearing is scheduled for December 5, 2003. The Office of the Secretary is primarily responsible for preparing the rule.

John Rosinski

Chief Legal Counsel

Telephone (608) 266-7916