Notice of Proposed Rule
Revenue
Notice is hereby given that pursuant to s. 227.11 (2) (a), Stats., and interpreting ss. 77.70 and 77.9941 (1) and (3), 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 November 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 (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)
Statutes interpreted: ss. 77.70 and 77.9941 (1) and (3)
SECTION 1. Tax 11.96 is created, to set forth Department policy relating to what constitutes timely delivery to the Secretary of Revenue, of an ordinance to adopt or repeal a county sales and use tax or a premier resort area tax.
Text of Rule
SECTION 1. Tax 11.96 is created to read:
Tax 11.96 Delivery of ordinance; county and premier resort area tax. (1) PURPOSE. This section clarifies requirements for the timely delivery of county sales and use tax and premier resort area tax ordinances to the secretary of revenue.
(2) TIME REQUIREMENT FOR DELIVERY. (a) Adoption ordinance. Any Wisconsin county may impose county sales and use taxes and any Wisconsin municipality or county wholly within a premier resort area under s. 66.307, Stats., may impose a premier resort area tax, by adopting an ordinance. Under ss. 77.70 and 77.9941 (1), Stats., a certified copy of that ordinance shall be delivered to the secretary of revenue at least 120 days prior to its effective date.
(b) Repeal ordinance. Under ss. 77.70 and 77.9941 (3), Stats., a county or municipality described in par. (a) may repeal a county sales and use tax or a premier resort area tax by delivering a certified copy of the repeal ordinance to the secretary of revenue at least 60 days before the effective date of the repeal.
Note: An ordinance to adopt or repeal a county sales and use tax or a premier resort area tax should be mailed to Wisconsin Department of Revenue, Office of the Secretary, P.O. Box 8933, Madison, WI 53708-8933 or delivered to 125 South Webster Street, Madison, Wisconsin.
(3) DELIVERY OF ORDINANCE. An ordinance referred to in s. 77.70 or 77.9941 (1) or (3), Stats., is timely delivered to the secretary of revenue if, by the prescribed number of days before the effective date, any of the following occur:
(a) The ordinance is hand delivered to and received by the secretary of revenue.
(b) The ordinance is mailed in a properly addressed envelope with the postage duly prepaid, if the envelope is postmarked before midnight and the ordinance is received by the secretary of revenue within 5 days after the prescribed date.
(c) The ordinance is delivered by a carrier other than the U.S. postal service and the ordinance is received by the secretary of revenue.
Note: Section Tax 11.96 interprets ss. 77.70 and 77.9941 (1) and (3), Stats.
Initial Regulatory Flexibility Analysis
This proposed rule order does not have a significant economic impact on a substantial number of small businesses.
Fiscal Estimate
The proposed order updates the Department of Revenue's administrative code setting forth Department policy relating to what constitutes timely delivery to the Secretary of Revenue of an ordinance to adopt or repeal a county sales and use tax or a premier resort area tax. The new rule clarifies the Department's current position and policy. This rule change does not have a fiscal effect.
Notice of Proposed Rule
Transportation
Notice is hereby given that pursuant to the authority of s. 341.05(25), Stats., and according to the procedure set forth in s. 227.16(2)(b), Stats., the Wisconsin Department of Transportation will adopt the following rule creating ch. Trans 316 without public hearing unless within 30 days after publication of this notice, on November 1, 1999, the Department of Transportation 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.
Questions about this rule may be addressed to Loralee Brumund, Division of State Patrol, Room 551, P. O. Box 7912, Madison, Wisconsin 53707-7912, telephone (608) 267-3622.
Analysis Prepared by the Wisconsin Department of Transportation
STATUTORY AUTHORITY: s. 341.05(25), Stats., as created by 1997 Wis. Act 269
STATUTES INTERPRETED: s. 341.05(25)
General Summary of Proposed Rule. This proposed rule making creates ch. Trans 316 which permits wood harvesting slashers to be included in the list of vehicles exempt from registration, and permit uniform enforcement of its exemption from vehicle registration requirements by both law enforcement and operators. The proposed rule also defines “wood harvesting slasher" pursuant to s. 341.05(25), Stats., as created by 1997 Wis. Act 269.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, technical college district or sewerage district. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
Initial Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Copies of Rules
Copies of this proposed rule may be obtained upon request, without cost, by writing to Loralee Brumund, Department of Transportation, Division of State Patrol, Room 551, P. O. Box 7912, Madison, WI 53707-7912, or by calling (608) 267-3622. Alternate formats of the proposed rule will be provided to individuals at their request.
Text of Proposed Rule
SECTION 1. Chapter Trans 316 is created to read:
CHAPTER Trans 316
WOOD HARVESTING SLASHERS
Trans 316.01 Purpose and scope. The purpose of this chapter is to define wood harvesting slasher pursuant to s. 341.05(25), Stats., and to permit its limit operation on Wisconsin roads.
Trans 316.02 Definitions. In this chapter:
(1) “Self-propelled" means a slasher that is independently powered for cutting functions, but which requires a separate vehicle for transport purposes.
(2) “Tree loader" means a mechanism, constructed as part of the slasher unit, that is used to load trees onto the slasher saw table for cutting.
(3) “Truck-mounted" means a slasher that is permanently secured to a truck for use during cutting functions and for transport purposes.
(4) “Wood harvesting slasher" means a unit with a mounted tree loader constructed specifically to cut trees to specific lengths and principally used off the highway. These units include either of the following:
(a) A self-propelled unit mounted on or towed by an articulated semi-trailer or trailer that shall be considered as a single unit.
(b) A truck-mounted motorized unit that shall be considered as a single unit.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade and Consumer Protection
(CR 99-87):
Ch. ATCP 34 - Relating to the Chemical and Container Collection Program.
Chiropractic Examining Board
(CR 99-40):
S. Chir 3.08 - Relating to use of limited liability entities in chiropractic practice.
SS. VE 2.01 and 3.03 - Relating to computerized examinations.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Agriculture, Trade and Consumer Protection
(CR 99-85):
An order affecting ch. ATCP 15, relating to humane officer training and certification.
Effective 12-01-99.
An order affecting ss. ERC 1.06, 2.02 and 12.02 and chs. ERC 10 and 20, relating to fees for complaints, grievance arbitration, mediation, fact-finding, interest arbitration and transcripts.
Effective 12-01-99.
Hearings and Appeals, Division of
(CR 98-119):
An order creating ch. HA 3, relating to appeal procedure for Medicaid, food stamp, public assistance and social service programs.
Effective 12-01-99.
An order affecting ch. NR 409 and ss. NR 400.02, 439.098, 484.10 and 484.11, relating to incorporating federal nitrogen oxides (NOx) emission requirements into the Department's air pollution control rules.
Effective 12-01-99.
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board
(CR 99-39):
An order affecting ch. SFC 3 and ss. SFC 11.03, 14.01, 14.02, 16.01, 16.02, 18.01 and 18.02, relating to repeal of outdated provisions, and academic equivalency requirements for certification as a professional counselor.
