If you are hearing or visually impaired, do not speak English, or have circumstances which might make communication at the 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 above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written Comments
Written comments on the proposed rules received at the above address no later than May 23, 1997, will be given the same consideration as testimony presented at the hearing.
Notice of Proposed Repeal of Rules
Health & Family Services
(Health, Chs. 110--)
Notice is hereby given that pursuant to s. 255.06 (2) (a) and (3), 1993-94 Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Department of Health and Family Services will repeal ch. HSS 148, Wis. Adm. Code, relating to rural counties participating in the Wisconsin Breast Cancer Screening Project, as herein proposed, without public hearing, unless a petition for a hearing is received by the Department within 30 days after the publication of this notice on April 15, 1997. A petition for a hearing will be accepted if signed by 25 persons who will be affected by the proposed repeal of rules, the representative of a municipality that will be affected by the proposed repeal of rules or the representative of an association which represents a farm, labor, business or professional group that will be affected by the proposed repeal of rules.
Contact Person
If you have any questions about the repeal of these rules or about filing a petition for a hearing, write or phone:
Gale Johnson, (608) 261-6872
Bureau of Public Health
1414 E. Washington Ave.
Madison, WI 53703-3044
Analysis Prepared by the Dept. of Health & Family Services
The Department's rules that identify rural counties for coverage by the Wisconsin Breast Cancer Screening Project, ch. HSS 148, Wis. Adm. Code, were adopted as emergency rules in July 1992, following the amendment of s. 146.0275, Stats., by 1991 Wis. Act 269. The rules were to identify the 12 rural counties in the state that have the highest incidence of late-stage breast cancer for the purpose of making grants from the appropriation under s. 20.435 (1) (cd), Stats., to applying hospitals, nonprofit corporations or public agencies providing or willing to provide mammography services to women 40 years of age or older in those counties.
Identical permanent rules were promulgated in January 1993.
The program statute for the breast cancer screening project, s. 146.0275, 1991-92, Stats., was renumbered s. 255.06, Stats., by 1993 Wis. Act 27.
This order repeals ch. HSS 148 because 1995 Wis. Act 27 amended s. 255.06 (2) (a) (intro.), Stats., to delete the reference to 12 rural counties specified by Department rules and to repeal the requirement in s. 255.06 (3), Stats., that the Department promulgate rules that specify those counties. The funds appropriated for this purpose are now combined with federal funds for breast and cervical cancer screening for low-income older women and are distributed statewide using a population-based formula for allocating the funds.
Text of Rule
SECTION 1. Chapter HSS 148 is repealed.
Fiscal Estimate
This order will not affect the expenditures or revenues of state government or local governments. The order repeals ch. HSS 148 because 1995 Wis. Act 27 amended s. 255.06 (2) (a) (intro.), Stats., to delete the reference to the 12 rural counties that have the highest incidence of late-stage breast cancer, as specified by Department rules, and to repeal the requirement in s. 255.06 (3), Stats., that the Department promulgate rules that specify those counties.
Initial Regulatory Flexibility Analysis
The repeal of ch. HSS 148 will not affect small businesses as “small business” is defined in s. 227.114 (1) (a), Stats.
The rules are being repealed because the program statute was amended to delete mention of a list of the 12 rural counties in the state that have the highest incidence of late-stage breast cancer and to repeal the requirement that the Department specify those counties by rule.
Notice of Proposed Rule
Revenue
Notice is hereby given that pursuant to s. 227.11 (2) (a), Stats., and interpreting s. 77.54 (3) (a), (3m) and (33), 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 April 15, 1997, 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 Person
Please contact Mark Wipperfurth at (608) 266-8253, if you have any questions regarding this proposed rule order..
Analysis by the Dept. of Revenue
Statutory authority: s. 227.11 (2) (a)
Statute interpreted: ss. 77.54 (3) (a), (3m) and (33)
SECTION 1. Tax 11.12 (1) is amended to conform language to Legislative Council Rules Clearinghouse (Clearinghouse) standards.
SECTION 2. Tax 11.12 (2) (d), (e) and (f) are renumbered s. Tax 11.12 (2) (f), (d) and (e), to alphabetize the definitions in conformity with Clearinghouse standards.
SECTION 3. Tax 11.12 (4) (a) (intro.) is amended to correct a direct statutory quote.
Tax 11.12 (4) (a) 5. b. is amended to clarify that, when buying certain machines, farmers may claim exemption only if they buy the machines without installation by the retailer, even though the machines may later be attached to, fastened to, connected to or built into real property or may become an addition to, component of or capital improvement of real property. It is also amended to delete the reference to “automated livestock feeder bunks, but not ordinary building materials.” This reference is confusing because powered feeders may qualify for exemption under s. 77.54 (3) (c) 9., Stats., whether or not installed by the retailer.
Tax 11.12 (4) (a) 7. c. is amended to delete feed carts and non-powered gravity flow feeders from the list of taxable items, as this position is incorrect, and to conform language to Clearinghouse standards.
Tax 11.12 (4) (b) 1. is amended to conform language to Clearinghouse standards.
Tax 11.12 (4) (b) 6. a. is amended to include feed carts and feeders as exempt containers for grain if used to hold hay, silage, or feed which contains grain, and to include plastic bags, plastic sleeves, and plastic sheeting as exempt containers for grain if used to contain hay or silage. This change is made to reflect the Department's position that, for purposes of the container exemption in s. 77.54 (3m), Stats., “grain” includes hay and silage.
Text of Rule
SECTION 1. Tax 11.12 (1) is amended to read:
Tax 11.12 (1) STATUTES. Section 77.54 (3) and (3m), Stats., provides exemptions for certain sales to persons who are engaged in farming, agriculture, horticulture and or floriculture as a business enterprise.
SECTION 2. Tax 11.12 (2) (d), (e) and (f) are renumbered s. Tax 11.12 (2) (f), (d) and (e).
SECTION 3. Tax 11.12 (4) (a) (intro.), 5.b. and 7.c. and (b) 1. and 6.a. are amended to read:
Tax 11. 12 (4) (a) Section 77.54 (3) (a), Stats., exempts: “
The gross receipts from the sales of and the storage, use or other consumption of tractors and machines, including accessories, attachments and parts therefor, used exclusively and directly in the business of farming, including dairy farming, agriculture, horticulture, floriculture and custom farming services, but excluding automobiles, trucks, and other motor vehicles for highway use; excluding personal property that is attached to, fastened to, connected to or built into real property or that becomes an addition to, component of or capital improvement of real property and excluding tangible personal property used or consumed in the erection of buildings or in the alteration, repair or improvement of real property, regardless of any contribution that that personal property makes to the production process in that building or real property and regardless of the extent to which that personal property functions as a machine.” For purposes of this section:
5. b. Certain machines in addition to those in subd. 4. qualify for the exemption if purchased by farmers directly from retailers without installation by the retailer, even though they are used to make realty improvements after being purchased by the farmer, the machine may be attached to, fastened to, connected to or built into real property or may become an addition to, component of or capital improvement of real property by a person other than the retailer. Machines included are automated livestock feeder bunks, but not ordinary building materials; automatic stock waterers powered by electricity or water pressure and built into a permanent plumbing system; automatic water softeners, such as for milk houses; barn fans and blowers and other ventilating units; unit heaters and other heating units; water heaters serving production areas; and water pumps serving production areas.
7. c. Non-powered applicators for insecticides, cattle chutes, farrowing crates, feed carts, fire extinguishers, flood gates, non-powered gravity flow feeders, saddles and bridles, incinerators, lawn and garden tractors, portable calf stalls, rope and cable, scales, self-treating stations, or “oilers,” snowmobiles, and stationary salt and mineral feeders.
(b) 1. `Seeds for planting.' “Seeds for planting” includes seeds for alfalfa, blue grass, canning peas, clover, field corn, field peas, rye grass, sweet corn, timothy and vegetable seeds
vegetables; plant parts capable of propagation; and bulbs. “Seeds for planting” does not include sod.
6. a. “Containers for fruits, vegetables, grain and animal wastes” includes any kind of personal property which is purchased exclusively for holding or storing fruit, vegetables, grains including hay and silage, or animal wastes. The phrase does not include includes feeders and feed carts designed if used to hold various green and dry feeds hay, silage or feed which contains grain and plastic bags, plastic sleeves and plastic sheeting used to contain hay or silage.
Initial Regulatory Flexibility Analysis
The proposed rule order does have a significant economic impact on a substantial number of small businesses. The provisions will require that sales or use tax be paid on certain supplies which are used in dairy farming outside the milk house.
Fiscal Estimate
The rule order updates the Wisconsin Administrative Code with respect to the sales and use tax treatment of certain purchases by farmers. The rule clarifies existing language regarding machines purchased with and without installation by retailers, amends the exemption of containers of grain to include hay and silage in the definition of “grain,” and makes changes in style and format to conform with Legislative Council Rules Clearinghouse standards.
These changes do not have a fiscal effect.
Notice of Hearing
Transportation
Notice is hereby given that pursuant to s. 85.16, Stats., interpreting s. 86.303 (5) (f) (intro.) and (i) (intro.), Stats., the Department of Transportation will hold a public hearing at the time and place indicated in this notice, to consider the amendment to the current emergency rule of ch. Trans 76, Wis. Adm. Code, relating to uniform cost reporting procedure during calendar year 1996 for general transportation aids to be paid in calendar year 1997.
Hearing Information
The hearing will be held as follows:
May 8, 1997 Room 115B (Blackhawk Room)
Thursday Hill Farms State Trans. Bldg.
at 9:00 a.m. 4802 Sheboygan Ave.
MADISON, WI
Parking for people with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
An interpreter for the hearing-impaired will be available on request for this hearing. Please make reservations for a hearing interpreter no later than 10 days prior to the hearing.
Analysis Prepared by the Wis. Dept. of Transportation
Statutory authority: s. 85.16
Statute interpreted: s. 86.303 (5) (f) (intro.) and (i) (intro.)
General Summary of Emergency Rule:
The General Transportation Aids (GTA) Program is a program provided to defray a portion of the costs incurred with constructing and maintaining roads under local jurisdiction. The GTA program is a reimbursement program based on each local government's spending patterns. GTA funds are distributed to all Wisconsin counties and municipalities in amounts determined using a formula which is based on local “eligible costs.” Generally, all road or street construction and maintenance expenditures within the right of way are considered eligible costs. A percentage of other expenditures are also considered eligible costs, including law enforcement, street lighting maintenance and construction, and storm sewer construction.
The share of cost rate is determined by the available funding and the six-year average costs reported by each county and municipality. Distribution of GTA payments to local governments are computed and paid on a calendar year basis. Quarterly payments are made on the first Monday of January, April, July and October. The Department obtains cost data from Financial Reports which all local units of government must file annually with the Department of Revenue. The reports are based upon calendar year expenditures and revenues and are submitted each spring and summer.
Late filing of Financial Report forms will result in a reduction of the local government's GTA. Failure to submit the Financial Report with the Department of Revenue by the deadline will result in a reduction in GTA payments the following year. The reduction will be equal to 1% for each day late, to a maximum of 10%, as provided in s. 86.303 (5) (f) and (i), Stats.
As provided in s. 86.303 (5) (f) (intro.) and (i) (intro.), Stats., the Department proposes this rule-making to administratively interpret the phrase “each day” to exclude Saturday, Sundays and legal holidays. The Department's long-standing and consistent interpretation of the phrases “within 30 days” and “each day” has been calendar days. The Department has concluded that it would be fairer and more reasonable to continue to interpret the phrase “within 30 days” as calendar days, but to exclude Saturdays, Sundays and legal holidays from the interpretation of the phrase “each day” for the purposes of the one percent reduction for each day that the report is late. The reason for this revised interpretation is that the 10% penalty cap can still be reached within 30 calendar days. Using this interpretation, timely reports and calculations will still be available for state and local budgeting and planning purposes.
Fiscal Estimate
Four local governments that filed late in 1996 will be affected for 1997 GTA payments. These four local governments will receive a total of $18,061.93 more based on less days of penalties. This does slightly affect the distribution of funds, but not the appropriation amounts.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Contact Person and Copies of Emergency Rule
Copies of this emergency rule are available without cost upon request by writing to:
