NOTICE IS HEREBY GIVEN that pursuant to ss. 5.05 (1) (f) and 227.11 (2) (a), Stats., and interpreting ss.11.01 (1), (6), (15), (16), 11.05 (1), (7), 11.06 (1), (3), (4), (12), 11.07, 11.10 (4), 11.24 (2), 11.26 (4), (10), 11.38 (1), Stats., the State Elections Board will hold a public hearing on the adoption of the rule proposed in this notice on Wednesday, May 18, 2005, beginning at 9:30 a.m., at the Brookfield City Hall, Common Council Chambers, located at 2000 North Calhoun Road, in the City of Brookfield, Wisconsin, on the 18th of May, 2005, at 9:30 a.m., to consider amendment of rule s. ElBd 1.39, relating to use of federal campaign funds in a campaign for a Wisconsin elective office.

Statutory authority: ss.5.05 (1) (f) and 227.11 (2) (a)

Statutes interpreted: ss.11.01 (1), (6), (15), (16), 11.05 (1), (7), 11.06 (1), (3), (4), (12), 11.07, 11.10 (4), 11.24 (2), 11.26 (4), (10), 11.38 (1), Stats.

This amended rule interprets ss.11.01(1), (6), (15), (16), 11.05 (1), (7), 11.06 (1), (3), (4), (12), 11.07, 11.10 (4), 11.24 (2), 11.26 (4), (10), 11.38 (1), Stats. The rule prohibits the conversion of federal campaign committees into state campaign committees and limits the contributions from federal campaign committees to state campaign committees to the maximum contribution allowable from a single committee to a candidate for the office sought.

Since the Bi-Partisan Campaign Reform Act of 2002, (BICRA), transfers of funds from a federal campaign committee to a state campaign committee had not been authorized under federal law. In November, 2004, Congress amended the Federal Election Campaign Act, (H.R. 4818, s. 532 (3) and 532 (4), to permit the transfer of a federal candidate's campaign committee's funds to the candidate's state campaign committee, if state law permitted, and subject to the state law's requirements and restrictions.

Because of Congress' action in November, 2004, money which had not been available to a state committee under BICRA, and which might not have qualified for use for political purposes in a state campaign because of its source or because of other noncompliance with state law, could now be transferred to a state committee, if state law permitted. Wisconsin law, under the Board's current rule, s. ElBd 1.39, Wis. Adm. Code, allows for conversion of federal campaign committees, and their funds, to a state campaign committee without regard to the source of those funds and without regard to contribution limitations. Prohibiting conversions and restricting such transfers to the maximum permissible for any other single committee to a candidate for the same office is found to be in the public interest.

Pursuant to the authority vested in the State of Wisconsin Elections Board by ss. 5.05 (1) (f) and 227.(11) (2) (a), Stats., the Elections Board proposes to amend s. ElBd 1.39 interpreting ss. 11.01 (1), (6), (15), (16), 11.05 (1), (7), 11.06 (1), (3), (4), (12), 11.07, 11.10 (4), 11.24 (2), 11.26 (4), (10), 11.38 (1), Stats., as follows:

SECTION 1. ElBd 1.39 is amended to read:

ElBd 1.39 Conversion of federal campaign committee to state committee prohibited.

(2) A candidate's federal campaign committee may not convert to a state campaign committee and but may use funds collected for federal purposes in the candidate's a state or local campaign, not to exceed the maximum amount that may be contributed by a single committee to a candidate for the same office, by filing a campaign finance registration statement, pursuant to s. 11.05, Stats., with the appropriate filing officer and simultaneously filing a campaign finance disclosure report showing the sources of all funds on hand being contributed at the time of the report, pursuant to the requirements of s. 11.06 (1) (a), (b), (c), (d) and (f), Stats. In determining the sources of funds on hand being contributed and allocating those funds among the sources, the funds shall be treated on a last-in, last-out basis, so that they will be attributed in the report to the most recent sources, in the full amount received from each source.

The creation of this rule does not affect business.

The creation of this rule has no fiscal effect.

George A. Dunst

Legal Counsel, State Elections Board

17 West Main Street, P.O. Box 2973

Madison, Wisconsin 53701-2973

Phone 266-0136

Notice is hereby given that pursuant to the authority granted under s. 601.41 (3), Stats., and the procedures 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 Sections Ins 17.01 (3) and 17.28 (6), Wis. Adm. Code, relating to annual injured patients and families compensation fund fees for fiscal year beginning July 1, 2005.

Written comments or comments submitted through the Wisconsin Administrative Rule website at: https://adminrules.wisconsin.gov on the proposed rule will be considered. The deadline for submitting comments is 4:00 p.m. on the day after the date for the hearing stated in this Notice of Hearing.

Written comments should be sent to:

Alice M. Shuman-Johnson

Legal Unit - OCI Rule Comment for Rule Ins 17285 PCF fee rule

Office of the Commissioner of Insurance

PO Box 7873

Madison WI 53707-7873

For a summary of the rule see the analysis contained in the attached proposed rulemaking order. There will be no state or local government fiscal effect. The full text of the proposed changes, a summary of the changes and the fiscal estimate are attached to this Notice of Hearing.

Statutes interpreted: s. 655.27 (3), Stats.

Statutory authority: ss. 601.41 (3), 655.004, 655.27 (3) (b), and 655.61, Stats.

Explanation of the OCI's authority to promulgate the proposed rule under these statutes: The commissioner of insurance, with the approval of the board of governors (board) of the injured patients and families compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund.

Related Statutes or rules: None.

The plain language analysis and summary of the proposed rule: This rule establishes the fees which participating health care providers must pay to the fund for the fiscal year beginning July 1, 2005. These fees represent a 30 % decrease compared with fees paid for the 2004-05 fiscal year. The board approved these fees at its meeting on February 23, 2005, based on the recommendation of the board's actuarial and underwriting committee and reports of the fund's actuaries.

The board is also required to promulgate by rule the annual fees for the operation of the injured patients and families 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 $34.00 for physicians and $2.00 per occupied bed for hospitals, representing an decrease from 2004-05 fiscal year mediation panel fees.

Summary of and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule: To the fund board's and OCI's knowledge there is no existing or proposed federal regulation that is intended to address patient compensation fund rates, administration or activities.

Comparison of similar rules in adjacent states as found by OCI: To the fund board's and OCI's knowledge there are no similar rules in the adjacent states to compare this rule to as none of these states have a patients compensation fund created by statute where rates are directed to be established yearly by rule as is true in Wisconsin.

A summary of the factual data and analytical methodologies that OCI used in support of the proposed rule and how any related findings support the regulatory approach chosen for the proposed rule: None. This rule establishes annual fund fees pursuant to the requirements of the above-noted Wisconsin statutes—no new regulatory approach is involved.

Any analysis and supporting documentation that OCI used in support of OCI's determination of the rule's effect on small businesses under s. 227.114: None. Fund fees are being decreased in this rule.

If these changes may have a significant fiscal effect on the private sector, the anticipated costs that will be incurred by private sector in complying with the rule: This rule change will have no significant effect on the private sector.

A description of the Effect on Small Business: This rule will have little or no effect on small businesses.

Agency contact person: A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the WEB sites at: http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, OCI Services Section, at:

Phone:   (608) 264-8110

Email:   Inger.Williams@OCI.State.WI.US

Address:   125 South Webster St – 2nd Floor

  Madison WI 53702