Register

September 28, 1999   Room 611A, GEF #2

Tuesday   101 South Webster St.

10:00 a.m.   MADISON, WI

September 29, 1999   Room 149

Wednesday   Marathon Co. Courthouse

11:00 a.m.   500 Forest St.

  WAUSAU, WI

Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Bob Park at [phone] with specific information on your request at least 10 days before the date of the scheduled hearing.

Written Comments

Written comments on the proposed rule may be submitted to Mr. Kyle Kreigh, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 no later than September 30, 1999. Written comments will have the same weight and effect as oral statements presented at the hearings.

Copies of Rule

A copy of the proposed rule AM-30-99 and its fiscal estimate may be obtained from:

Proposed Rules

Bureau of Air Management

P.O. Box 7921

Madison, WI 53707

Phone: [phone]

FAX: [phone]

Fiscal Estimate

A poll was taken of Fisheries Management and Habitat Protection field staff to determine if they were experiencing problems meeting time limits established for permits and approvals that would be affected by s. 299.05, Stats. Their response was that they rarely experienced difficulty in making a decision on an application within the established time limits, once all required information for a complete application was received. Based on discussions with staff in all three programs, DNR believes the time limits identified in chs. NR 216, 300, 400, 405, 406, 408 and 411 are set at a reasonable length to allow staff sufficient time to make permit decisions within these limits.

Notice of Hearing

Public Instruction

[CR 99-118]

Notice is hereby given that pursuant to s. 227.11 (2) (a), Stats., and interpreting ss. 115.76 (14) and 448.05, Stats., the Department of Public Instruction will hold a public hearing as follows to consider the amending of s. PI 11.24 (9) (c), proposed permanent rules, relating to medical referrals from a licensed physician for school occupational therapy.

Hearing Information

The hearing will be held as follows:

September 13, 1999   Room 041

Monday   GEF# 3 Bldg.

4:00 p.m. to   125 South Webster St.

6:00 p.m.   MADISON, WI

The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Paul Halverson, at [phone] or leave a message with the Teletypewriter (TTY) at [phone] at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.

Copies of Rule and Contact Information

A copy of the proposed rule and the fiscal estimate may be obtained by writing to:

Lori Slauson

Administrative Rules and Federal Grants Coordinator

Department of Public Instruction

125 South Webster Street

P.O. Box 7841

Madison, WI 53707

Written Comments

Written comments on the proposed rules received by Ms. Slauson at the above address no later than September 17, 1999, will be given the same consideration as testimony presented at the hearing.

Analysis by the Department of Public Instruction

Chapter 115, Subchapter V, Stats., requires school districts to provide the related service of occupational therapy to children with disabilities who need this service to benefit from special education. The requirement for a medical referral from a licensed physician in s. PI 11.24 (9) (c), Wis. Adm. Code, is based directly on ch. Med 19, Wis. Adm. Code, which regulates all practice of occupational therapy. Section Med 19.08 (2) (a) reads:

(2) REFERRAL. (a) Evaluation and rehabilitative treatment shall be based on a referral from a licensed physician, dentist, psychologist, chiropractor or podiatrist.

On October 26, 1998, the Council to the state Medical Examining Board responded to a request from the Occupational Therapy Examining Council to interpret s. Med 19.08. Based on the legislative history of the provision, the board concluded that the provision is directed exclusively at rehabilitation services, which include evaluation for the purpose of rehabilitative treatment. Since school occupational therapy is not a rehabilitative treatment system, but a system designed to assist a child to benefit from special education, the board concluded that s. Med 19.08 does not require school occupational therapists to obtain a physician's referral.

The proposed rule brings the Department's administrative code (s. PI 11.24 (9) (c)) into conformity with the state Medical Examining Board's administrative code (s. Med 19.08), relating to occupational therapy.

Fiscal Estimate

The proposed rules bring the Department's administrative code into conformity with the state Medical Examining Board's administrative code.

The proposed rules will, in most cases, decrease school administrative costs by no longer requiring that a medical referral be obtained from a child's doctor. For example, school districts currently are required to pay for a physician's evaluation for children having a physician located out-of-state or for children whose parents are unable to pay for a physician's visit. This evaluation is necessary for the sole purpose of obtaining an occupational therapy referral. Under the proposed rules, the referral will no longer be required. Any decrease in costs as a result of this rule is indeterminable.

There is no state fiscal effect as a result of this rule.

Initial Regulatory Flexibility Analysis

The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.

Notice of Proposed Rule

Revenue

[CR 99-101]

Notice is hereby given that pursuant to s. 227.11 (2) (a), Stats., and interpreting ss. 77.51 (17m) and (21m), 77.52 (2) (a) 5. and 5m., (2m) and (3m) and 77.525, Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Department of Revenue will adopt the following rules as proposed in this notice without public hearing unless, within 30 days after publication of this notice on September 1, 1999, it is petitioned for a public hearing by 25 natural persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.

Contact Information

Please contact Mark Wipperfurth at [phone], if you have any questions regarding this proposed rule order.

Analysis by the Department of Revenue

Statutory authority: s. 227.11 (2) (a)

Statutes interpreted: ss. 77.51(17m) and (21m), 77.52(2) (a) 5. and 5m., (2m) and (3m) and 77.525

SECTION 1. Tax 11.66(title) is revised, to remove cable television system services and to clarify that the section applies to telecommunications services and telecommunications message services.

SECTIONS 2 TO 5. Tax 11.66(2)(intro.), (a) and (b)(intro.) and 1. to 5. are renumbered Tax 11.66(2)(a)(intro.), 1. and 2.(intro.) and a. to e. and new sub. (2)(intro.), (a)(title) and (b) are created, to clarify the content of sub. (2) and list the types of services discussed in Tax 11.66.

Tax 11.66(2)(a)1. as renumbered is revised and examples are added, to reflect the tax treatment of certain telecommunications services which originate or terminate in Wisconsin, as a result of the amendment to s. 77.52(2)(a)5., Stats., by 1997 Wis. Act 27.

SECTIONS 6 TO 11. Tax 11.66(3)(title) and (intro.) are revised, sub. (3)(d) is repealed, sub. (3)(a), (b), (c) and (e) to (m) are renumbered sub. (3)(a)1., 2., 3. and 4. to 12. and sub. (3)(a)(intro.) is created, to clarify the content of sub. (3) and to remove cable television system services from Tax 11.66 because they are taxed separately from telecommunications services.

Tax 11.66(3)(a)1. as renumbered and the example are revised, to reflect the tax treatment of certain telecommunications services which originate or terminate in Wisconsin, as a result of the amendment to s. 77.52(2)(a)5., Stats., by 1997 Wis. Act 27.

SECTION 12. Tax 11.66(3)(b) is created, to list telecommunications message services as taxable services, as a result of the creation of s. 77.52(2)(a)5m., Stats., by 1997 Wis. Act 27.

SECTIONS 13 AND 14. Tax 11.66(4)(intro.) and (c) are revised, to correct grammar and punctuation in conformity with Legislative Council Rules Clearinghouse standards.

Tax 11.66(4)(a) is revised and sub. (4)(d) is repealed and recreated, and the example at the end of sub. (4)(d) is removed, to reflect the tax treatment of certain telecommunications services which originate or terminate in Wisconsin, as a result of the amendment to s. 77.52(2)(a)5., Stats., by 1997 Wis. Act 27.

SECTIONS 15 TO 17. Tax 11.66(4)(e) is repealed and sub. (4)(f) is renumbered sub. (4)(e), to remove nonmechanical telephone answering services from the listing of nontaxable services, as a result of the creation of s. 77.52(2)(a)5m., Stats., by 1997 Wis. Act 27.

Tax 11.66(5) is renumbered Tax 11.66(7) and new sub. (5) is created, to reflect the tax treatment of prepaid telephone calling cards and authorization numbers, as a result of the amendment to s. 77.52(2)(a)5., Stats., and the creation of s. 77.52(3m), Stats., by 1997 Wis. Act 237.

Tax 11.66(6) is created, to reflect the credit for taxes paid to other states, as a result of the creation of s. 77.525, Stats., by 1997 Wis. Act 27.

Text of Rule

SECTION 1. Tax 11.66(title) is amended to read:

Tax 11.66 Telecommunications and CATV telecommunications message services.

SECTION 2. Tax 11.66(2)(intro.) and (a) are renumbered Tax 11.66(2)(a)(intro.) and 1. and Tax 11.66(2)(a)1. as renumbered is amended to read:

  Tax 11.66(2)(a)1. The service originates or terminates in Wisconsin.