These proposed rules do not affect small businesses as defined in s. 227.114 (1) (a), Stats., because foster homes are not small businesses. Payments to foster parents are not income for tax purposes, but rather are for meeting the needs of the foster child.
Notice of Hearing
Insurance
Notice is hereby given that pursuant to the authority granted under s. 601.41(3), Stats., and the procedure set forth in under s. 227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting ss. Ins 17.01 (3), 17.28 (6), and 17.28 (6a), Wis. Adm. Code, relating to annual patients compensation and mediation fund fees for the fiscal year beginning July 1, 2000.
Hearing Information
May 5, 2000   Room 23
Friday   Commissioner of Insurance
10:00 a.m., or as soon   121 East Wilson Street
thereafter as the matter   Madison, WI
may be reached
Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI by 4:30 p.m. on the date of the hearing. Written comments should be addressed to: Alice M. Shuman-Johnson, OCI, P. O. Box 7873, Madison, WI 53707.
Analysis prepared by the Office of the Commissioner of Insurance
Statutory authority: ss. 601.41 (3), 655.004, 655.27 (3) (b), and 655.61
Statute interpreted: s. 655.27 (3)
The commissioner of insurance, with the approval of the board of governors (board) of the patients compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund. This rule establishes those fees for the fiscal year beginning July 1, 2000. These fees represent a 25% decrease compared with fees paid for the 1999-00 fiscal year. The board approved these fees at its meeting on February 23, 2000, based on the recommendation of the board's actuarial and underwriting committee.
The board is also required to promulgate by rule the annual fees for the operation of the patients compensation mediation system, based on the recommendation of the director of state courts. This rule implements the director's funding level recommendation by establishing mediation panel fees for the next fiscal year at $ 38.00 for physicians and $2.00 per occupied bed for hospitals, representing an increase of more than l00% and 100% respectively, from 1999-00 fiscal year mediation panel fees.
Fiscal Estimate
There will be no state or local government fiscal effect.
Initial Regulatory Flexibility Analysis
This rule does not impose any additional requirements on small businesses.
Contact Person
A copy of the full text of the proposed rule changes and fiscal estimate may be obtained from the OCI internet WEB site at http://www.state.wi.us/agencies/oci/rule.htm or by contacting Tammi Kuhl, Services Section, Office of the Commissioner of Insurance, at (608) 266-0110 or at 121 East Wilson Street, P O Box 7873, Madison WI 53707-7873.
Notice of Hearing
Pharmacy Examining Board
Notice is hereby given that pursuant to authority vested in the Pharmacy Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 450.02 (3) (a) and (e), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. Phar 7.01 (1) (e), relating to delivery of prescriptions.
Hearing Information
The public hearing will be held:
May 10, 2000   Room 179A
Wednesday   1400 East Washington Ave.
9:15 a.m.   Madison, WI
Written Comments
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 Wednesday, May 24, 2000 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 15.08 (5) (b) and
  227.11 (2)
Statute interpreted: s. 450.02 (3) (a) and (e)
Rules of the Pharmacy Examining Board identify in s. Phar 7.01 (1) (e) that prescription drugs may be delivered by an agent of the pharmacist to a patient's residence where the delivery is accompanied by appropriate directions and an offer that consultation is available by contacting the pharmacist. The rule amendment proposed will expand the patient's options for choice in designating a location of delivery.
Section Phar 7.01 (1) (e) is amended to expand the exception for delivery of prescription drugs and will allow the patient to designate other locations for delivery in addition to the patient's residence. In the case of delivery to a location other than the patient's residence the requirement to offer consultation is expanded to apply to any other location designated by the patient.
Text of Rule
SECTION 1. Phar 7.01 (1) (e) is amended to read:
Phar 7.01 (1) (e) Give the patient or agent appropriate consultation relative to the prescription except that prescriptions may be delivered by an agent of the pharmacist to a patient's residence or other locations designated by the patient if the delivery is accompanied by appropriate directions and an indication that consultation is available by contacting the pharmacist. The consultation requirement applies to original and renewal prescription orders and, except when prescriptions are delivered to a patient's residence or other location designated by the patient, is not satisfied by only offering to provide consultation.
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: These rules would increase agency costs due to printing and postage costs for mailings for approximately 6,000 pharmacists. A copy of the rules and a cover letter would need to be mailed and associated with this mailing would be approximately $15,000. This cost to print and mail each rule is estimated at $2.50 multiplied by 6,000. This is a one-time cost.
Initial Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Information
Copies of this proposed rule are available without cost upon request to:
Pamela Haack
Dept. of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Telephone (608) 266-0495
Notice of Proposed Rule
Transportation
Notice is hereby given that pursuant to the authority of ss. 110.06, 110.20 and 227.11 (2), Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Wisconsin Department of Transportation will adopt the following rule amending ch. Trans 131 without public hearing unless, within 30 days after publication of this notice on April 15, 2000, the Department of Transportation 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
Questions about this rule and any petition for public hearing may be addressed to:
Carson Frazier, Division of Motor Vehicles
Telephone (608) 266-7857
Bureau of Vehicle Services, Room 253
P. O. Box 7911
Madison, WI 53707-7911
Analysis Prepared by the Wis. Dept. of Transportation
Statutory authority: ss. 110.06, 110.20 and 227.11(2)
Statute interpreted: s. 110.20
General Summary of Proposed Rule. Ch. Trans 131 governs the operation of the Vehicle Emission Inspection Program. This rule making proposes to amend s. Trans 131.03 (2) (b) which requires a vehicle purchaser to obtain an emission test within 45 days after purchase, unless the vehicle had passed the emission test within 90 days before purchase. Existing policy is that the vehicle has to have been tested within 90 days before vehicle purchase. This provision was intended to assure that no more than 15 months would have passed between a vehicle's testing. However, the requirement dates from the time that tests were done manually. Currently, tests are done every two years, and the 90-day window is more restrictive than necessary. The Department proposes making the window 180 days instead of 90 days.
Text of Rule
Under the authority vested in the state of Wisconsin Department of Transportation by ss. 110.06, 110.20 and 227.11 (2), Stats., the Department of Transportation hereby proposes to amend a rule interpreting s. 110.20, Stats., relating to emission tests.
SECTION 1. Trans 131.03 (2) (b) is amended to read:
Trans 131.03 (2) (b) Within 45 days of an ownership change registration issuance for vehicles more than 5 model years old at the time of ownership change, unless the vehicle passed inspection within 90 180 days prior to such ownership change registration, or
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, vocational, technical and adult education district or sewerage district. The Department estimates that there will be no fiscal impact on state revenues or liabilities.
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