The amendments to ch. HFS 133 will affect the revenue of state government. The proposed change for determining license fees will maintain fees within the current $500 to $2,500 range, but the proposed method for calculating the license fee is a more equitable way to distribute the cost of supporting the regulatory activities of the Department. Based on 1998 data, the proposed rules would have the effect of increasing the licensure fee for 54 home health agencies to $2,500. Conversely, the proposed rules would decrease the license fees of 12 home health agencies. The proposed method for calculating the license fee will make the license fee commensurate with the home health agency's revenues.

The revision of ch. HFS 133 will affect home health agencies. Based on 1998 reporting of gross revenue, 156 of 172 home health agencies met the definition of small business under s. 227.114 (1) (a), Stats.

The proposed revisions to ch. HFS 133 clarify the home health agency responsibilities regarding patient discharge. Specifically, a home health agency will be required to give written notice to patients or their legal representatives prior to or at the time of discharge, have a nursing professional create a summary for every patient discharge and provide that summary to the former patient and physician, if requested. These new documentation requirements are being proposed for the purpose of patient safety and reflect desirable medical practice. Therefore, the Department has not proposed specific exemptions from these requirements for agencies that are small businesses.

The Department is also proposing rule revisions regarding license fees. The proposed changes to the way the annual license fee is calculated will not require a home health agency to adopt any new reporting or bookkeeping procedures. Although many home health agencies generated less than $2.5 million defined in s. 227.114, Stats., in 1999, 71 of 172 home health agencies reported gross patient revenues of $1 million dollars or more. Many of these agencies paid the same minimum $500 license fee as agencies with significantly less gross patient revenue. Home health agencies that are “small businesses," as defined in s. 227.114, Stats., cannot be exempted from these fees without jeopardizing the Department's revenue it uses to inspect and otherwise regulate home health agencies. For this reason and the fact that an agency's size as measured by its annual revenue was already considered when setting the fee range, the Department is not proposing exemptions or alternatives for home health agencies to the proposed license fee calculation.

NOTICE IS HEREBY GIVEN that pursuant to ss. 29.014, 29.889 and 227.11, Stats., interpreting ss. 29.177, 29.181, 29.361 and 29.889, Stats., the Department of Natural Resources will hold public hearings on revisions to chs. NR 1, 10, 12 and 19 , Wis. Adm. Code, relating to deer hunting and the wildlife damage abatement and claims program. The following proposals would establish a new deer season framework for 2001 and beyond:

1. Create a permanent 4-day December antlerless deer season.

2. Begin the early archery season on the Saturday closest to September 15.

3. End the early archery season on the Thursday before Thanksgiving.

4. Begin the late archery season on the Monday after Thanksgiving.

5. End the late archery season on the Saturday closest to January 15.

6. Extend the muzzleloader season by 3 days.

7. Establish a one-day youth gun deer hunt the Saturday closest to October 24.

The proposed rule also establishes a statewide protocol for deer herd control seasons as follows:

1. Adds a 4-day antlerless only gun season beginning on the Thursday nearest October 22 if the season structure outlined above is not expected to bring a deer herd within 20% of the established population goal for a deer management unit.

2. Adds either an earn-a-buck or an antlerless only requirement to the season structure after 2 years of herd control seasons if the season structure outlined above is not expected to bring a deer herd within 20% of the established population goal for a deer management unit.

3. Eliminates the requirement of public meetings in the affected units and Natural Resources Board approval.

4. Expands the herd control authority from only farmland units to all deer management units.

The proposed rule adds criteria to be considered by the Department when establishing deer population goals for deer management units including:

1. Hunter success in harvesting and seeing deer and public deer viewing opportunities, hunter access to private land, and ability to keep herds in a deer management unit at goal are factors to be considered when establishing goals. These additional criteria along with the 6 current criteria in s. NR 1.15 (2) would be considered when establishing deer population goals.

2. Establishes tolerable standards of agricultural damage and requires the Department to reduce goals when damage exceeds the standards for 2 of 3 years between unit reviews, when the herd was at goal, during the review period, unless a goal reduction is not expected to alleviate intolerable levels of deer damage.

Finally, the proposed rule involves modifications to the current wildlife damage and abatement claims program that require farmers enrolled in the wildlife damage and abatement claims program in a given year who experience $1,000 or more damage in that year be automatically issued a shooting permit by January 31 the following year. They are then required to meet a harvest objective of 80% of the harvest quota by September 15 in order to qualify for benefits of the wildlife damage abatement and claims program in the following year.

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 the hearings will be held on:

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 William VanderZouwen at (608) 266-8840 with specific information on your request at least 10 days before the date of the scheduled hearing.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have a significant economic impact on small businesses.

Written comments on the proposed rule may be submitted to Mr. William VanderZouwen, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 no later than December 15, 2000. Written comments will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [WM-40-00] and fiscal estimate may be obtained from Mr. VanderZouwen.

NOTICE IS GIVEN that a hearing on a revision of s. PSC 163.04, relating to telecommunications utility price regulation, will be held beginning on December 6, 2000, at 9 a.m. in the Amnicon Falls Hearing Room at the Public Service Commission Building, 610 North Whitney Way, Madison, Wisconsin, and continuing at times to be set by the presiding Administrative Law Judge. This building is accessible to people in wheelchairs through the Whitney Way first floor (lobby) entrance. Parking for people with disabilities is available on the south side of the building. Any person with a disability who needs additional accommodations should contact the case coordinator listed below.

Statutory Authority: ss. 196.02 (3), 196.196 (1) (c), and 227.11 Statute Interpreted: s. 196.196 (1) (c).

Section 196.196 (1) (c), Stats., provides for the use of a productivity offset mechanism in determining the amount a price-regulated company may increase or shall decrease its rates for price-regulated services. According to this section, the productivity factor offset to the change in the gross domestic product price index (GDPPI) shall be 2 percentage points. For a telecommunications utility with more than 500,000 access lines, the percentage offset shall be three percentage points. Pursuant to s. 196.196 (1) (c), Stats., the first time the productivity offset may be changed is after September 1, 2000. Section PSC 163.04 (2) (b) sets forth the factors the Commission may consider in determining any statewide changes in productivity.

According to s. 196.196 (1) (c):

No earlier than 6 years after September 1, 1994, and no more frequently than every 3 years thereafter, the commission may, following notice and an opportunity for hearing, by rule increase or decrease the gross domestic product price index percentage offset by a maximum of one percentage point in any 12-month period to reflect any statewide changes in the productivity experience of the telecommunications industry

The proposed rule interprets this to mean that the Commission may, at this time, change the productivity offset by a maximum of one percent, effective immediately and for each of the next two years. The earliest the Commission could examine these factors again would then be three years after the effective date of this rule.

The objective of the proposed rule revision in this proceeding is to make those changes to s. PSC 163.04 (2) (b) regarding the productivity offset factor deemed necessary as a result of a productivity study for the telecommunications industry in the state pursuant to s. PSC 163.04 (2) (bm). Pursuant to s. PSC 163.04 (2) (bm), each time the productivity factors are reviewed, the Commission shall provide for a productivity study for the telecommunications industry in this state. This study shall address the factors set forth in s. PSC 163.04 (2) (b) plus additional evidence relative to a utility's ability to increase productivity in the future.

Any person may submit written comments on these proposed rules. The hearing record will be open for written comments from the public, effective immediately, and until December 12, 2000, at noon (December 11, 2000, at noon, if filed by fax).

All written comments must include a reference on the filing to docket 1-AC-193. File by one mode only.

If filing by mail, courier, or hand delivery: Address as shown in the box on page 1. Industry parties should submit an original and 15 copies. Members of the general public need only file an original.

If filing by fax: Send fax comments to (608) 266-3957. Fax filing cover sheet MUST state “Official Filing," the docket number (1-AC-193), and the number of pages (limited to 20 pages for fax comments).

SECTION 1. PSC 163.04(2)(b) is amended to read:

(b) According to s. 196.196(1(c), Stats., the productivity factor offset to the Ä GDPPI shall be 2 percentage points. For a telecommunications utility with more than 500,000 access lines, the percentage offset shall be 3 percentage points. Section 196.196(1)(c), Stats., sets the GDPPI percentage offset, but provides that Beginning beginning in the year 2000 and every 3 years thereafter, for the purpose of adjusting the GDPPI percentage offset , pursuant to s. 196.196(1)(c), Stats., to reflect any statewide changes in the productivity experience of the telecommunications industry, the commission may consider the following historical factors:

SECTION 2. PSC 163.04(2)(br) is created to read:

(br) Based on the most recent statewide productivity study, the productivity factor offset to the Ä GDPPI shall be:

(1) For telecommunications utilities with 500,000 or less access lines at the time of electing to be price regulated:

a. 3 percentage points, effective on the effective date of this rule....[revisor inserts date];

b. 4 percentage points, effective on one year after the effective date of this rule....[revisor inserts date];

These rules may have an effect on small telecommunications utilities, which are small businesses under s. 196.216, Stats., for the purposes of s. 227.114, Stats., because they may elect to become price-regulated under s. 196.196 (1), Stats., which would result in these rules becoming applicable to them. The agency has considered the methods in s. 227.114 (2), Stats., for reducing the impact of the rules on small telecommunications utilities and finds that incorporating any of these methods into the proposed rules would be contrary to the statutory objectives which are the basis for the proposed rules. In addition, the election of price regulation under this chapter is voluntary, and more flexibility and less stringent compliance requirements for small telecommunications utilities are available in ss. 196.195 (12) and 196.196 (4), Stats.

At the time of this notice, there are 81 local exchange companies in Wisconsin, 76 of which are small telecommunications utilities. The agency finds that the availability of a voluntary price regulation election under s. 196.196, Stats., and the process set forth in this chapter to govern the price regulation election are in the public interest for all telecommunications utilities in the state.

These rules will have no fiscal impact on the agency or on any other state or local units of government. No additional fiscal burden will be imposed on the state or on small businesses as a result of these proposed rules.

1. Sales volumes.

2. Labor

3. Materials.

4. Rent.

5. Services

6. Other expenses.

7. Plant-in-service.

8. Cost of capital.

9. Any other data relevant to measuring productivity.

Note: The percentage offsets were originally set at 3 percentage points for utilities with more than 500,000 access lines at the time of electing price regulation, and 2 percentage points for utilities with 500,000 or less access lines at the time of electing price regulation.

Questions from the media may be directed to Jeffrey L. Butson, Public Affairs Director at (608) 267-0912. Other questions regarding this matter should be directed to Thomas Ferris, case coordinator, at (608) 266-1124, or by email at ferrit@psc.state.wi.us. Hearing or speech-impaired individuals may also use the Commission's TTY number, (608) 267-1479.

The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact the case coordinator listed above.

NOTICE IS HEREBY GIVEN that pursuant to s. 84.30, Stats., and interpreting s. 84.30, Stats., the Department of Transportation will hold a public hearing in Room 501 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the 30th day of November, 2000, at 9:00 AM, to consider the amendment of ch. Trans 201, Wis. Adm. Code, relating to outdoor advertising sign annual fees.

An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.