Rule-making notices
Notice of Proposed Rule
Elections Board
NOTICE IS HEREBY GIVEN that pursuant to ss. 5.05 (1) (f) and 227.11 (2) (a), Stats., and interpreting ss.11.06 (1) and (5), 11.22 (2) (c) and 11.23 (3), and 11.24 (2), Stats., and according to the procedure set forth in s.227.16 (2) (e), Stats., the State of Wisconsin Elections Board will adopt the following rules as proposed in this notice without public hearing unless within 30 days after publication of this notice, July 1, 2005, the Elections Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.
Analysis Prepared by State Elections Board
Statutory authority: ss. 5.05 (1) (f) and 227.11 (2) (a).
Statutes interpreted: ss. 11.06 (1) and (5), 11.22 (2) (c) and 11.23 (3), and 11.24 (2).
Section 11.06 (5), Stats., requires that "A registered individual or treasurer of a group or committee shall make a good faith effort to obtain all required information" on each campaign finance report. The rule prescribes the standard for what constitutes a "good faith effort to obtain all required information" under the statute, and prescribes the consequences for a registrant's acceptance of a contribution for which the registrant has not "obtained all required information," under the statute. To constitute "good faith" compliance, a registrant has 60 days (from the due date of the report) in which to obtain all required information, or return any contribution for which that information has not been obtained. The failure to provide the required information or return the contribution within the 60 day period constitutes a violation of s. 11.06 (1), Stats., subjecting the registrant to a possible forfeiture and a requirement to return any such contribution in excess of $250.
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 hereby creates s. ElBd 1.46 (3), interpreting ss. 11.06 (1) and (5), 11.22 (2) (c) and 11.23 (3), and 11.24 (2), Stats., as follows:
SECTION 1. ElBd 1.46 (3) is created to read:
(3) (a) A registrant who files a campaign finance report which does not disclose all of the contributor information required by s.11.06 (1) (a) or (b), Stats., shall, not later than 60 days after the due date for that report, notify the filing officer of all the information required for each contribution included on that report. A registrant who provides the required information or who returns the contribution to the contributor, within 60 days of the due date for the report, shall be considered to have made good faith compliance under s.11.06 (5), Stats. and shall not be considered to have violated s.11.06 (1), Stats. A registrant who does not provide the required information and does not return the contribution, within 60 days of the due date for the report shall be considered to have failed to show good faith compliance under s.11.06 (5), Stats., and shall be considered to have violated s.11.06 (1), Stats., and shall be required to divest itself of any such contribution or contributions in excess of $250.
(b) Divestiture of an unacceptable contribution under this section shall consist of returning the contribution to the contributor, or paying the amount of the contribution to the Common School Fund or to any other bona fide charity.
(c) The divestiture of the contribution after 60 days from the due date of the report shall not preclude the Board's imposition of any civil penalties under s.11.60, Stats., if the egregious nature of the circumstances warrant prosecution.
(d) The committee's disposition of the illegal contribution shall be reported on its next succeeding campaign finance report.
Initial Regulatory Flexibility Analysis
The creation of this rule does not affect business.
Fiscal Estimate
The creation of this rule has no fiscal effect.
Contact Person
George A. Dunst, Legal Counsel
State Elections Board
132 E. Wilson Street
P.O. Box 2973
Madison, Wisconsin 53701-2973
Phone 266-0136
Notice of Hearings
Health and Family Services
(Medical Assistance, Chs. 100-]
NOTICE IS HEREBY GIVEN that pursuant to ss. 49.45 (2) (a) 11. b., and (10) and 227.11 (2), Stats., interpreting ss. 49.45 (2) (a) 11. a., and (10), 49.46 (2) (a) 2., and (b) 1., Stats., the Department of Health and Family Services will hold public hearings to consider the repeal of s. HFS 107.07 (2) (c); the renumbering of s. HFS 105.06; the amendment of ss. HFS 105.01 (5) (a) 1., 105.06 (title), 107.07 (2) (a) (intro.) 1. to 4. and (b); the repeal and recreation of s. HFS 107.07 (1), (3) and (4); and the creation of ss. HFS 105.06 (1) (title) and (2), 107.07 (1m), (2) (a) 5. to 8. and (4m), relating to coverage of dental services under the Medical Assistance program, and affecting small businesses.
Hearing Information
The public hearings will be held:
Wednesday, July 13, 2005, 10:00 a.m. to 12:00 noon
1300 W. Clairemont Ave., Rooms 158/185
Eau Claire, WI
Thursday, July 14, 2005, 10:00 a.m. to 12:00 noon
1 West Wilson Street, Room B-145
Madison, WI
Friday, July 15, 2005, 10:00 a.m. to 12:00 noon
141 NW Barstow, Room 15
Waukesha, WI
Tuesday, July 19, 2005, 10:00 a.m. to 12:00 noon
2894 Shawano Ave.
Lake Michigan Community Conference Room
Green Bay, WI
The hearing sites are fully accessible to people with disabilities. If you are hearing or visually impaired, do not speak English, or have circumstances that 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 given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments may be submitted at the public hearing, or in lieu of attending a public hearing written comments can be submitted by regular mail or email to the contact person listed below. Written comments may also be submitted to the Department using the Wisconsin Administrative Rules Internet website at the web address listed below.
Deadline for Comment Submission
The deadline for submitting comments is 4:30 p.m., on Friday, July 29, 2005.
Analysis Prepared by the Department of Health and Family Services
The proposed order revises the Department's rules for coverage of dental services by the MA program to update dental terminology, accommodate the current national dental procedure codeset, improve the organization of s. HFS 107.07, substantially reduce the number of services requiring prior authorization, and change the coverage status of several services, including for sealants, and alveoplasty and osteoplasty (2 types of oral surgery).
The removal of alveoplasty and osteoplasty from the non-covered services category to the category of services covered with prior authorization will permit reimbursement of dentists for these services. Currently, only physicians are allowed reimbursement for these surgeries.
In addition, the proposed order revises ss. HFS 105.01 (5) and (6), to allow for the individual certification of dental hygienists and describes services that may be reimbursed by Medicaid when provided by Medicaid certified dental hygienists.
Effect on Small Business (Initial Regulatory Flexibility Analysis)
The proposed rules will affect dental hygienists who perform services as independent contractors, and dentists. The Department believes that the proposed rules will have a positive effect on dental hygienists performing services as independent contractors, and dentists. Dental hygienists will enjoy increased opportunities to independently contract their services. Dentists will experience a reduction in paperwork and administrative staff time associated with participation in Wisconsin Medicaid and BadgerCare. The proposed rules do not impose reporting requirements or schedules.
Fiscal Estimate
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