Statute interpreted: s.
977.07, Stats.
Fiscal Estimate
It is anticipated that the rule changes will have no fiscal impact. Copies of the full fiscal estimates are freely available from the contact person.
Initial Regulatory Flexibility Analysis
The proposed amendment would not have a regulatory effect on small businesses.
Contact Person
For copies of the proposed amendment to the rule, or if you have questions, please contact Deborah Smith, Legal Counsel, 315 North Henry Street, Madison, WI 53703-3018; (608) 261-8856.
Written Comments
Written comments regarding this rule may be submitted in addition to or instead of verbal testimony at the public hearing. Such comments should be addressed to the contact person at the address stated above, and must be received by August 26, 2002.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to s.
977.02 (5), Stats., and interpreting s.
977.08 (3) Stats., the Office of the State Public Defender will hold a public hearing at 315 North Henry Street, 2
nd Floor, in the city of Madison, Wisconsin, on the
26st day of August 2002, from 9:00 a.m. to 11:00 a.m. to consider the amendment of a rule, s.
PD 1.04 (5), related
to the certification for appellate cases. Reasonable accommodations will be made at the hearing for persons with disabilities.
Analysis Prepared by the Office of the State Public Defender
Section
977.02 (5) requires that the State Public Defender Board promulgate rules “establishing procedures to assure that representation of indigent clients by the private bar at the initial stages of cases assigned under this chapter is at the same level as the representation provided by the State Public Defender." Section
PD 1.04 (5) is the original rule relating to appellate certification that was promulgated as required by statute. Based on agency experience and research the OSPD considers it a “best practice" to provide a period of provisional certification during which supervisory staff review private bar performance on appellate appointments. This review of performance of private bar attorneys would be similar to that required for staff attorneys. The proposed amendment would help to assure that representation by the private bar is at the same level as representation provided by the State Public Defender.
The proposed rule would amend s.
PD 1.04 (5) to provide for provisional certification of private attorneys seeking to be certified for appellate appointments to allow for performance reviews by agency supervisors. The proposed rule would also allow the Director of the Appellate Division to place an attorney previously certified for appellate cases on provisional certification status in lieu of decertification.
The proposed rule would also correct two cross references in s.
PD 1.04 (5).
Statutory authority for rule: s.
977.02 (5) Stats.
Fiscal Estimate
It is anticipated that the rule changes will have no fiscal impact. Copies of the full fiscal estimates are freely available from the contact person.
Initial Regulatory Flexibility Analysis
The proposed amendment would not have a regulatory effect on small businesses.
Contact Person
For copies of the proposed amendment to the rule, or if you have questions, please contact Deborah Smith, Legal Counsel, 315 North Henry Street, Madison, WI 53703-3018; (608) 261-8856.
Written Comments
Written comments regarding this rule may be submitted in addition to or instead of verbal testimony at the public hearing. Such comments should be addressed to the contact person at the address stated above, and must be received by August 26, 2002.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
227.11 (2) and
448.02 (cm), Stats., and interpreting s.
448.02 (cm), Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order create ch.
RL 222, relating to the extension of disciplinary action time limits for the Medical Examining Board.
Hearing Date, Time and Location
Date: August 26, 2002
Time: 10:00 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by August 27, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes interpreted: s.
448.02 (cm), Stats.
Section
448.02 (3) (cm), Stats., establishes certain time limits for the Medical Examining Board to initiate disciplinary action against physicians. The board may request the Secretary of the Department of Regulation and Licensing to grant an extension to those time limits. This proposed rule-making order describes how a request is made and the factors to be considered fin determining whether to grant an extension.
The request for an extension must be made in writing and shall include the nature and date of the investigation, the extension of time to determine whether a physician is guilty of unprofessional conduct or negligence, and the reasons why the board has not made a decision within the time specified.
Section
RL 222.02, Wis. Adm. Code, creates definitions of terms used in the statutes. The four definitions are “allegation involving the death of a patient;" “board," “initiate disciplinary action," and “initiating an investigation."
Section
RL 222.03, Wis. Adm. Code, summarizes the information needed for a request. In determining whether a specified extension of time is necessary for the board to determine whether there is probable cause for the extension the secretary shall take into consideration the nature and complexity of the investigation, the quantity and quality of evidence, the cause of any delays in the investigation, and the extent to which the person will be prejudiced by an extension of time.
The board may initiate disciplinary action against a physician no later than one year after initiating an investigation involving the death of a patient and no later than 3 years after initiating an investigation of any other allegation, unless the board shows that an extension of time is necessary.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Wis. Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
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., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the amendment of sales tax rules relating to communication services.
Hearing Information
The hearing will be held at 9:00 a.m. on Monday, August 26, 2002, in Room 6N-8 (6th floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, Wisconsin.
Handicap access is available at the hearing location.
Analysis prepared by the Department of Revenue
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.
SECTION 2. Tax 11.66 (1) (a) is repealed. This definition is no longer needed because of the repeal of Tax 11.66 (4) (d).
SECTIONS 3 AND 4. Tax 11.66 (1) (b) is renumbered Tax 11.66 (1) (a) and new sub. (1) (b) is created, to provide a reference to the statutory definition of “telecommunications services."
SECTIONS 5 TO 8. 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 that originate or terminate in Wisconsin.
SECTIONS 9 TO 14. Tax 11.66 (3) (title) and (intro.) are revised, sub. (3) (d) is repealed, sub. (3) (a), (b), (c) and (e) to (L) and (m) are renumbered sub. (3) (a) 1., 2., 3., 4. to 11. and 15. 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 that originate or terminate in Wisconsin, as a result of the amendment of s.
77.52 (2) (a) 5., Stats., by
1997 Wis. Act 27.
SECTION 15. Tax 11.66 (3) (a) 12., 13. and 14. are created, to list additional services.
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 16 AND 17. Tax 11.66 (4) (intro.) and (c) are revised, to correct grammar and punctuation in conformity with Legislative Council Rules Clearinghouse standards, and to clarify that the sale of the services to the reseller are nontaxable because they are resold.
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 18 TO 20. Tax 11.66 (4) (e) is repealed 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. Sub. (4) (f) is renumbered sub. (4) (e) and revised to clarify that the sale of the services to the interexchange carrier are nontaxable because they are resold.
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.
SECTION 1. Tax 11.66 (title) is amended to read:
Tax 11.66 (title) Telecommunications and CATV telecommunications message services.
SECTION 2. Tax 11.66 (1) (a) is repealed.
SECTION 3. Tax 11.66 (1) (b) is renumbered Tax 11.66 (1) (a).
SECTION 4. Tax 11.66 (1) (b) is created to read:
Tax 11.66 (1) (b) “Telecommunications services" has the same meaning as in s.
77.51 (21m), Stats.
Note to Revisor: Move the note that follows Tax 11.66 (1) (b) before renumbering to follow Tax 11.66 (1) (a) as renumbered, and add the following note after Tax 11.66 (1) (b) as created:
Note: Telecommunications services as defined in s.
77.51 (21m), Stats., “means sending messages and information transmitted through the use of local, toll and wide-area telephone service; channel services; telegraph services; teletypewriter; computer exchange services; cellular mobile telecommunications service; specialized mobile radio; stationary two-way radio; paging service; or any other form of mobile and portable one-way or two-way communications; or any other transmission of messages or information by electronic or similar means between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities. 'Telecommunications services' does not include sending collect telecommunications that are received outside of the state."
SECTION 5. Tax 11.66 (2) (intro.) and (a) are renumbered Tax 11.66 (2) (a) (intro.) and 1. and as renumbered Tax 11.66 (2) (a) 1. is amended to read:
Tax 11.66 (2) (a) 1. The service originates or terminates in Wisconsin.
Note to Revisor: Add the following examples at the end of Tax 11.66 (2) (a) 1. as renumbered:
Examples: 1) Mary Jones places a telephone call from her home in Wisconsin to Bill Jones in Illinois. The call originated in Wisconsin since it was placed from a telephone in Wisconsin.
