If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number shown above. A person requesting a non-English or sign language interpreter should contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rules received at the above address no later than June 30, 2000 will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
The Department is responsible for collecting, analyzing and disseminating a variety of health care data pursuant to ch. 153, Stats. Chapter HFS 120 is being modified to implement the statutory changes included in 1997 Wis. Act 231, which grants the Department authority to assess physicians and collect data for reports, and 1999 Wis. Act 9 which provided the Department with 8.0 FTE PRO positions and $870,000 PRO in annual expenditure authority. These changes detail the requirements for collecting health care information from physicians in their offices and clinics. The rules provide for assessing health care providers from whom data are collected for the costs of collection, database development and maintenance, generation of data files and standard reports, orientation and training and the expenses of the Board of Health Care Information. In addition, changes required under 1999 Wis. Act 9 relative to the release of physician data include the creation of an independent review board. The board will review custom-designed reports based on physician data and other data materials.
Under the revised rules, BHI increases operating costs by $500,000 for 3.5 positions and information technology related to the outpatient data collection. For other patient encounter data collection costs increase by $70,000 for 1 position and information technology. A physician survey will be completed at a cost of $63,000. The staff support and meeting costs for the independent review board will be $37,000. Initial costs for collection of the physician assessment will be $37,000. This is based on the assumption of 14,000 physicians receiving the assessment. In future years, the Department of Regulation and Licensing may collect the assessment as a part of the physician licensure. Revenue projections use the assumption that 14,000 physicians will receive and pay the assessment of $65. Total operational costs over the biennial budget period of $1,064,000 are built into the one-year physician assessment. Future assessments may vary in costs as other revenues increase from the sale of data.
The annualized fiscal impact of the administrative rules is estimated at $707,000. There are no local government costs. A copy of the full fiscal estimate may be obtained from Gary Radloff who may be contacted via the contact information provided in this notice.
Initial Regulatory Flexibility Analysis
The proposed rules affect hospitals, freestanding ambulatory surgery centers, physicians and other health care professionals. Six hospitals meet the s. 227.114 (1), Stats., definition of a “small business." In addition, the Department estimates that approximately 2,400 to 2,800 physician practices that would be required to submit data under these proposed rules have fewer than 25 employes. The Department does not have data from ambulatory surgery centers that allow an estimate of which centers may be characterized as “small businesses." Many centers are located at a medical clinic or hospital.
To accommodate entities that can meet the s. 227.114 (1), Stats., definition of a “small business," the rules propose applying a less stringent standard for a physician who does not currently submit electronic claims. In addition, the rule proposes that the Department may grant an exception to the data submission requirements for a physician who submits an affidavit of financial hardship and supporting evidence demonstrating financial inability to comply with the requirements of the rules.
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs. NR 1-)
Notice is hereby given that pursuant to ss. 29.014, 29.197, 227.11(2)(a) and 227.24, Stats., interpreting ss. 29.014, 29.177, 19.197 and 29.181, Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. WM-15-00(E) pertaining to deer hunting in deer management units 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, 20, 24, 28, 29A, 29B, 30, 31, 34, 35, 36, 37, 38, 44, 49B, 50, 52, 52A, 53, 55, 56, and 78. This emergency order was published on May 15, 2000 and will take effect on August 4, 2000. The emergency rule includes a 9-day either-sex gun hunt, two 4-day antlerless-only gun hunts on October 26-29 and December 7-10, free antlerless tags, and 4 additional archery season days. State parks included in the 38 deer management units will not participate in the October or December hunts.
Hearing Information
June 12, 2000 Room 027, GEF #2, ,
Monday 101 South Webster Street
at 1:00 p.m. 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 Larry Konopacki at (608) 261-7589 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 M. Larry Konopacki, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than June 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-15-00(E)] may be obtained from Mr. Konopacki.
Fiscal Estimate
Fiscal Impact - Forest Zone T Units
Revenue Reduction:
One expected financial impact o f this order is the loss of revenue from the $3.00 application fee for hunter's choice and bonus permits, which will not be collected for Zone T deer management units. The reduction in revenue from permit application fees is estimated to b e $280,230 (93,410 applications submitted for these units in 1999 at $3 each = $280,230).
Another expected financial impact will be the loss of revenue from bonus sales in these units. The reduction in revenue from lost bonus permit sales is estimated to be $1,691,152 (8,456 non-resident bonus permits at $20 each = $169, 120, and 126,836 resident permits at $12 each = $1,522,032). These fees will not be collected because of the issuance of special free anterless permits or these units. Bonus anterless permits will be available for sale in the Zone T units aftera hunter has received his/her allotted number of free permits. We expect this option to be used very rarely, and so have estimated the loss of revenue to include all bonus sales in Zone T units in 1999.
Revenue Increase:
Over the last decade, there has been a pattern of increased license sales in years with high antlerless permit availability. In years when antlerless permits increased substantially over the previous year, there were increases in deer-related license sales of between 4% and 5% (1998-1999 and 1989-1990). The proposed Zone T permit issuance procedure will include a marked increase over 1999 in the total number of antlerless permits available to hunters. A 4% increase in license sales would result in the sale of 37,700 more licenses than in 1999. At a minimum of $20 per license, these extra 37.700 total licenses would bring in at least $754,000 statewide. 38% of the proposed 2000 Zone T units are in the forest region of the state. The portion of this estimated increase in revenue in the Zone T forest units, equal to 38% of the above total, is $286,520.
Cost Increase:
Increased cost expected to be accrued from implementing the Zone T permit issuance procedure is $483,578 statewide. This total includes the following estimates:
- Zone T antlerless permit distribution by mail to those who purchase deer-related licenses before May 1: $77,810
- cost of permit stock of Zone T antlerless permits issued at the point of sale. equal to $10 per Zone T permit issued: $169,400
- agent commission, equal to $25 per deer-related license sold after May 1 at ALIS outlets that are not DNR offices: $192,738
- ALIS and database management consultation and programming costs: $22,350
- postcard mailing to license holders that purchase before May 1: $21,280
62% of the proposed 2000 Zone T units are in the farmland region of the state. The portion of these increased costs in the Zone T farmland units, equal to 62% of the above costs, is $183,759.64.
The primary impact of this proposal on law enforcement operations will stem from the two 4-day firearm herd control hunts. We assume that the deer herd control hunts will bring with them typical firearm deer season complaints from landowners, hunters and other enforcement agencies, accidents and the need for an active enforcement presence. These hunts will impact no less than 80 wardens that work in management units open during these firearm seasons. These periods are not usually major openings. Therefore, the opening will conflict with work schedules in approximately 25% of the wardens affected. To provide satisfactory coverage to the affected areas, an additional 1,600 hours of enforcement will be required (120 wardens X 25% X 8 days X 10 hours per day). An additional 1,200 hours of special conservation warden time will be expended during these periods. The cost for the additional coverage above what is normally present during these 4 day periods will include: $31,218 in permanent salary and fringe, $12,000 in special warden LTE costs, and $8,640 in travel expenses. No estimate was made of costs associated with spill-over enforcement problems in adjacent management units during the deer herd control hunts.
Cost Reduction:
For fiscal year 2000, The Bureau of Customer Service and Licensing has spent $245,900 on the hunter's choice and bonus application and mail-allocation process costs associated with printing, postage, freight, supplies and services and employee wages and fringes. Expenditures in this program for 2000 are expected to be only 45% of the FY 2000 total, because 75% of the state's deer management units are proposed for inclusion in Zone T, which will reduce the volume of work processed through this system. Savings in the hunter's choice and bonus programs in FY 2001 are expected to be $135,245 statewide.
The cost of materials used to issue bonus permits at ALIS outlets for the proposed Zone T units in 1999 will also be saved. At $.10 per permit issued, expected savings from not issuing these 205,352 permits is $20,535.20 statewide.
38% of the proposed 2000 Zone T units are in the forest region of the state. The portion of these savings in the Zone T forest units, equal to 38% of the two above costs, is $59,196.60.
Estimated Revenue Loss (based on 1999):
Hunters Choice/Bonus application fee:
93,410 x $3.00 = $280,230.00
Bonus deer permits:
Residents: 126,836 x $12 = $1,522,032.00
Non-residents: 8,456 x $20 = $169,120.00
Total 1999 Bonus Revenue = $1,691,152.00
Estimated Revenue Increase:
14,326 licenses (4% growth) x $20 = $286,520.00
Estimated Cost Increase:
Permit Issuance = $183,759.64
Law Enforcement cost: = $51,858.00
Estimated Cost Decrease:
HC/Bonus program and point of sale Bonus issuance = $59,196.60
FISCAL IMPACTS BY ACCOUNT:
The above estimated fiscal effects of the proposed Zone T season can be broken down into two accounts. Revenue received from the sale of bonus permits “applied to the Wildlife Damage Abatement and Claims Program, except for $50 from each permit, which is applied to the Fish and Wildlife Seg. account administrative costs. The rest of the cost estimates above are applied to the Fish and Wildlife Seg. account.
Fish and Wildlife Seg.: $237,777.04
Wildlife Damage Abatement and Claims Account: $1,623,506.00
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1-)
Notice is hereby given that pursuant to s. 227.11(2)(a), Stats., interpreting s. 29.038, Stats., the Department of Natural Resources will hold public hearings on the creation of s. NR 19.40, Wis. Adm. Code, relating to implementation of the department's authority to void local hunting, fishing and trapping ordinances. With the creation of s. 29.038, Stats., by 1997 Act 170, the Department of Natural Resources was given the authority to declare local ordinances void which have more than an incidental impact on hunting, fishing, or trapping, or do not have public health and safety as a primary purpose. This rule provides guidance to the department in determining which ordinances exceed the local governmental unit's authority. The standards for determination are not weighted and do not appear in order of importance. The rule also provides the procedures by which the department will hold the hearings and make the determinations required by s. 29.038(4), Stats.
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.
Environmental Assessment
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
June 19, 2000 Room 201
Monday Business Occupations Bldg.
at 6:30 p.m. Waukesha Co. Tech. College
800 Main Street
Pewaukee, WI
June 26, 2000 Room 027, GEF #2
Monday 101 S. Webster St.
at 2:00 p.m. Madison, WI
June 27, 2000 Library
Tuesday 225 N. Oneida Street
at 5:00 p.m. Appleton, 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 Carol Turner at (608) 266-1959 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written comments on the proposed rule may be submitted to Mr. Michael Lutz, Bureau of Legal Services, P.O. Box 7921, Madison, WI 53707 no later than July 14, 2000. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [LE-14-00] and fiscal estimate may be obtained from Mr. Lutz.
Fiscal Estimate
The fiscal estimate for the legislation which created s. 29.038, Stats., showed a potential impact of $35,200 per year in legal expenses alone if the legislation was fully implemented. This did not include the costs of local DNR staff time. These costs will result regardless of whether the proposed rule is enacted. The proposed rule merely implements existing legislative requirements and has no fiscal impact.
Notice of Hearing
Natural Resources
(Environmental Protection-
General, Chs. NR 100-)
