Rule-making notices
Notice of Hearing
Athletic Trainers Affiliated Credentialing Board
[
CR 02-152]
NOTICE IS HEREBY GIVEN That pursuant to authority vested in the Athletic Trainers Affiliated Credentialing Board in ss.
15.085 (5) (b) and
227.11 (2), Stats., and interpreting ss.
448.95 (5m) and
448.956, Stats., the Athletic Trainers Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to amend ss.
AT 3.02 and
4.02 (4); and to create s.
AT 1.07 relating to consulting physicians and changing “athletic trainer" to “licensee."
Hearing Date, Time and Location
Date: February 10, 2003
Time: 9:30 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 February 21, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Chapter
AT 1 is silent regarding how many consulting physicians a licensee may have at any time, and the method to notify the board of a change in the consulting physician. Section 1 creates a new rule, s.
AT 1.07, to clarify that an athletic trainer may only have one consulting physician at any one time, and requires the notification of the board within 5 days following the change in the athletic trainer's consulting physician.
Section 2 amends s.
AT 3.02 because it does not currently explicitly provide that meeting continuing education requirements as a precondition for renewal does not apply to an application for renewal of a license that expires on the first renewal date after the date on which the board initially granted the license. Because of the license renewal cycle (July 1 of each even-numbered year) and the fact that licensees may be granted a license at any time prior to a renewal date certain licensees do not have a full two years prior to the first renewal date to satisfy continuing education requirements. Modification of the rule will place all renewals by licensees subject to a full two year opportunity to meet required continuing education requirements. This modification will assist first time renewal licensees by not requiring them to meet continuing education requirements on a potentially truncated schedule as a precondition for renewal.
Section 3 amends s.
AT 4.02 (4) to insert the word “licensee" in place of “athletic trainer" for consistency of use throughout the rules.
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), 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.
49.688, Stats., the Department of Health and Family Services will hold a public hearing to consider the creation of ch.
HFS 109, Wis. Adm. Code, relating to operation of the SeniorCare prescription drug assistance program.
Hearing Date, Time and Location
Date & Time
|
Location
|
January 27, 2003
Monday
From 9:00 AM to 1:00 PM
|
Room 751
State Office Building
1 West Wilson Street
MADISON, WI
|
The hearing site is fully accessible to people with disabilities. Parking that accommodates people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Family Services
The high cost of prescription drugs in Wisconsin and nationwide are especially burdensome on the elderly, many of whom live on a fixed income. Through
2001 Act 16, Wisconsin has addressed the problem those increasingly high costs pose to the elderly by creating section
49.688 of the statutes. Section
49.688 directs the Department to develop and administer the program of prescription drug benefits for the elderly that has come to be known as "SeniorCare." The statute also directs the Department to develop administrative rules for implementing SeniorCare, which the Department has done by creating a new chapter of administrative rules, HFS 109. The rules address a variety of issues associated with operating the program in accordance with section
49.688, Stats., including specifying:
• what prescription drugs are covered;
• who is eligible for benefits and services;
• how the Department determines household income for the program's eligibility determination;
• how the Department monitors compliance by pharmacists and pharmacies; and
• mechanisms for preventing fraud and abuse.
The Department drafted these rules to parallel the prescription drug provisions of the existing Medicaid rules in chapters HFS 101 to 108. The Department developed the program's administrative elements in consultation with an advisory committee composed of representatives of physicians, counties, seniors and pharmacies.
Individuals with prescription drug coverage under other health plans will be eligible to enroll in SeniorCare. For those who already have a health insurance plan, SeniorCare will coordinate benefit coverage with that plan. Individuals enrolled in Medicaid will not be eligible for the new program, because Wisconsin Medicaid already provides prescription drug coverage.
These proposed rules are nearly identical to the emergency rules the Department issued on September 1, 2002. These rules differ in that they:
• clarify provisions relating to recipients' withdrawal from the program [HFS 109.11 (5) (d) and (e)];
• add a provision allowing the Department to redetermine a recipient's eligibility to participate if the Department receives a bad check for the recipient's program enrollment fee [HFS 109.11 (6) (d)];
• add provisions relating to the Department's ability to redetermine and how the Department may correct benefit levels [HFS 109.13 (5) and (6)];
• add the requirement that the department will reinstate the SeniorCare benefit period for a person who has requested a withdrawal from the program under s.
HFS 109.11 (5) (d) if within 30 calendar days of the effective date of the withdrawal the Department receives the person's request to have SeniorCare benefits restored and the person meets all of the eligibility criteria under [HFS 109.14 (4) (c)];
• add circumstances under which the Department will begin recovery action against any SeniorCare participant to whom or on whose behalf an incorrect payment was made [HFS 109.62 (1) (b) to (d)];
• clarify that, in the event of a recipient's appeal of a Department action, the Department will not suspend, reduce or discontinue a recipient's benefits until a decision is rendered after the hearing [HFS 109.63 (2)]; and
• add a provision describing what will happen if program funding under s.
20.435 (4) (bv), Stats., is completely expended for the payments to SeniorCare providers [HFS 109.73].
Copies of Rule and Contact Person
To find out more about the hearings or to request a copy of the proposed rules, you may also write, phone, or e-mail:
Alfred Matano
Division of Health Care Financing
P.O. Box 309, Room 350
Madison, WI 53701-0309
608-267-6848 or, if you are hearing impaired,
(608) 266-1511 (TTY)
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which 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 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 on the rules received at the above address no later than January 28, 2003 will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
SeniorCare, established by
2001 Act 16, provides prescription drug assistance to Wisconsin residents over 65 years of age whose income does not exceed 240% of the federal poverty level (FPL) and to those whose income exceeds 240% of the FPL if their prescription drug expenditures bring their net income below the 240% limit (termed spenddown). Participants of SeniorCare are required to pay an annual $20 enrollment fee and copayments of $15 for each name brand drug and $5 for each generic drug. In addition, participants with higher incomes (over 160% of FPL) must first spend $500 (deductible) of their own funds annually for prescription drugs before SeniorCare will reimburse the participant's prescription drug expenditures.
On July 1, 2002, Wisconsin's application for a federal waiver to receive federal matching funds under the MA program for SeniorCare was approved for participants with income less than 200% of the Federal Poverty Level (FPL).
The administrative rule does not have a fiscal effect per se. The fiscal effect of the SeniorCare program was taken into account when the legislation was passed. However, a number of the assumptions underlying the fiscal estimate of the SeniorCare legislation have turned out to be incorrect.
Act 16 provided $49,900,000 GPR under s.
20.435 (4) (bv), Stats., to support benefits under the SeniorCare program. Since the program first begins on September 1, 2002, funding was based on a ten-month period. In addition, when Act 16 was enacted, it was unclear whether Wisconsin would obtain a federal waiver. Consequently, funding was based on the assumption that federal funding would not be available.
Although the federal wavier will significantly reduce the need for state funds, the original cost projections substantially underestimated the benefit costs for SeniorCare. Current projections, that include the benefit of federal funding, anticipate that total SeniorCare costs in FY 03 will total $100 million all funds and $48 million GPR. The net result is that budgeted funding is projected to be adequate to fund projected costs of the program in FY 03.
Initial Regulatory Flexibility Analysis
The rules for the SeniorCare program apply to the Department, to families that are applicants or recipients of the health care coverage provided by SeniorCare and to county social service or human service departments that take applications and determine eligibility for SeniorCare. The rules will not directly affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats.
Notice of Hearings
NOTICE IS HEREBY GIVEN That pursuant to ss.
115.28 (9) and
227.11 (2) (a), Stats., and interpreting s.
115.28 (9), Stats., the Department of Public Instruction will hold public hearings as follows to consider the creation of Ch.
PI 23, relating to ESEA intradistrict safe school transfer options. The hearings will be held as follows:
Hearing Date, Time and Location
Date: January 30, 2003
Time: 4:00 - 6:00 p.m.
Location: Madison
GEF 3 Building
125 South Webster St.
Room 041
Date: February 3, 2003
Time: 4:00 – 6:00 p.m.
Location: Waukesha
Waukesha Public Library
321 Wisconsin Avenue
Cutler Room
Date: February 19, 2003
Time: 4:00 – 6:00 p.m.
Location: Tomahawk
CESA 9
304 Kaphaem Road
Conference Room
The hearing sites are fully accessible to people with disabilities. If you require reasonable accommodation to access a meeting, please call Michael Thompson, Federal Policy Initiatives Advisor, at (608) 266-3584 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
The administrative rule is available on the internet at
http://www.dpi.state.wi.us/dpi/dfm/pb/safesch.html. A copy of the proposed rule and the fiscal estimate may be obtained by sending an email request to
lori.slauson@ dpi.state.wi.us or by writing to:
Lori Slauson,
Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above address no later than February 24, 2003, will be given the same consideration as testimony presented at the hearing. Comments submitted via email will not be accepted as formal testimony.
Analysis by the Department of Public Instruction
Public Law 107-110 section 9532 reauthorizing the Elementary and Secondary Education Act (ESEA), requires each state receiving ESEA funds to establish and implement a statewide policy that allows students who attend persistently dangerous public schools to attend safe public schools. This provision also allows students who become victims of a violent criminal offense while in or on the grounds of a public school they attend to attend safe public schools. Each state must certify to the U. S. Department of Education that it has developed an unsafe school policy.
To comply with the ESEA and to remain eligible to receive more than $250 million in federal funds, the proposed rules:
• Specify criteria to determine whether a school is persistently dangerous.
• Define the terms “victim" and “violent criminal offense."
• Specify school board notification and pupil transfer requirements.
Fiscal Estimate
The Elementary and Secondary Education Act (ESEA) requires each state receiving ESEA funds to establish and implement a statewide policy that allows students who attend persistently dangerous public schools to attend safe public schools. This provision also allows students who become victims of a violent criminal offense while in or on the grounds of a public school they attend to attend safe public schools. To meet the ESEA requirements, the rules 1) specify criteria to determine whether a school is persistently dangerous, 2) define the terms “victim" and “violent criminal offense," and 3) specify school board notification and pupil transfer requirements.
It is assumed that very few school districts will be affected by these rules because:
• The rules only allow pupils to transfer from an unsafe school within a school district to another school or charter school within the same school district. Therefore, the rules will only affect school districts that have more than one elementary, middle or high school. Out of 426 school districts, approximately 190 school districts have more than one elementary, middle or high school.
• The rules will most likely only affect school districts with more than one middle or high school. It is unlikely that an elementary school would fall under the rule's definition of schools that are “persistently dangerous" or that an elementary pupil would become a “victim of a violent criminal offense." Of 426 school districts, approximately 80 school districts have more than one middle or high school.
• To be identified as persistently dangerous, a school must have expelled the greater of 1% of the pupils enrolled or 5 pupils for assault, endangering behaviors or weapons-related offenses. Schools must meet this criteria for 3 or more consecutive years. It is projected, based on current department data, that few schools will meet the rule's criteria for 3 or more consecutive years.
It is not known how many schools have a pupil who has been a victim of a violent criminal offense while in or on the grounds of a public elementary or secondary school that the pupil attends. However, because the rules only affect school districts with more than one elementary, middle or high school and assuming it will be highly unusual for an elementary pupil to be a victim of a violent criminal offense while on school grounds, approximately 80 school districts may be affected.
Affected school districts may incur additional costs associated with the rule's notification requirements and transporting pupils who reside 2 or more miles from the nearest public school they are entitled to attend. These costs are indeterminate.
It is important to note that these rules must be promulgated for Wisconsin to remain eligible to receive more than $250 million in federal Elementary and Secondary Education Act funds.
These proposed rules are not expected to result in new costs for the department.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s.
227.114 (1) (a), Stats.
Notice of Proposed Rule
NOTICE IS HEREBY GIVEN That pursuant to s.
227.11 (2) (a), Stats., and interpreting subchs.
III and
V of ch. 77, 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
January 15, 2003, 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 or
mwipperf@dor.state.wi.us, if you have any questions regarding this proposed rule order.
Analysis by the Department of Revenue
SECTION 1. Tax 11.001 (intro.), (1), (2) and (3) (intro.) are renumbered Tax 11.001 (1) and (2) (a) to (c), subs. (3) (a) to (d) are renumbered sub. (3) (a) 1. to 4., and subs. (4) to (6) are renumbered sub. (2) (d) to (f), to conform the numbering to Legislative Council Rules Clearinghouse (“Clearinghouse") standards. As renumbered:
• Subsection (1) is revised, to place the introductory clause for definitions in a separate subsection.
• Subsection (2) (a) is revised, to remove substantive provisions from the definition of “consumers."
• Subsection (2) (c) is revised, to reference the definition of “retailer" to the statutory definition and to remove a substantive provision.
• Subsection (3) (a) 1., 2. and 3. are revised, to reflect correct punctuation, per Clearinghouse standards and to move substantive provisions in the definition of “retailer" to a separate subsection.
• Subsection (2) (d) is revised, to include the football stadium tax in the definition of “stadium tax," allowed pursuant to
1999 Wis. Act 167, effective May 27, 2000.
• Subsection (2) (e) is revised, to reflect that the definition of “tax" includes county and stadium sales and use taxes.
SECTION 2. Tax 11.001(1) (title), (2) (title) and (3) (title) are created, to conform format to Clearinghouse standards.
Tax 11.001 (2) (intro.) is created, to provide an introductory clause for the definitions in pars. (a) to (f) as renumbered.
Tax 11.001 (3) (a) (intro.) is created, to provide an introductory clause for requirements with which retailers must comply.
Tax 11.001 (3) (b) is created, to move a substantive provision in the definition of “consumers" to a separate subsection.
SECTION 3. Tax 11.13 (1) (a) is revised, to remove a substantive provision from the definition of “continuous." The removed provision is covered in sub. (5) (b) 1.
Tax 11.13 (3) (b) is revised, to eliminate a reference to a fee requirement that is no longer applicable, and to add the name of the direct pay permit application form. The note at the end of par. (b) is revised, to include the department's Internet address.
Tax 11.13 (5) (a) 2. (intro.) is revised, to provide that Form S-211 may be used as the written document in that subdivision.
Tax 11.13 (5) (b) 3. and the example following are revised, to eliminate references to obsolete exemption certificates.
An obsolete note at the end of Tax 11.13 (3) (a) is removed, and examples and notes following subs. (3) (c), (4) (b) and (5) (b) 3. are updated.
SECTION 4. Tax 11.14 (6) (a) 2. is revised, to reflect that a purchaser is subject to a sales tax rather than a use tax when it gives an exemption certificate claiming resale.
Tax 11.14 (13) (a) (intro.) is revised, to update a reference to a subsection in s.
Tax 11.001.
Tax 11.14 (13) (b) is revised, to correct a typographical error.
SECTION 5. Tax 11.84 (1) (b) 1. and 2. are revised, to update punctuation, per Clearinghouse standards.
Tax 11.84 (1) (c) is revised, to update the name of the division in the Department of Transportation where aircraft are registered.
SECTIONS 6 AND 7. Tax 11.84 (2) (c) is renumbered Tax 11.84 (2) (c) (intro.) and revised, and par. (c) 1. to 3. are created, to provide an introductory clause and to set forth the taxable items in separate subdivisions.
Tax 11.84 (2) (c) 4. is created, to reflect the taxability of towing 1) banners that are not provided by the person towing them, 2) hang glider pilots, per the department's Private Letter Ruling, # W0124006 dated March 22, 2001, and 3) gliders.
SECTION 8. Tax 11.84 (4) (a) is revised, to reflect the taxability of towing hang glider pilots as discussed above.
Tax 11.84 (4) (c) is revised, to clarify a provision regarding the taxability of advertising banners towed by aircraft.
Text of Rule
SECTION 1. Tax 11.001 (intro.), (1), (2), (3) (intro.) and (a) to (d), (4), (5) and (6) (intro.), (a) and (b) are renumbered Tax 11.001 (1), (2) (a), (b) and (c), (3) (a) 1. to 4. and (2) (d), (e) and (f) (intro.), 1. and 2. As renumbered Tax 11.001 (1), (2) (a) and (c), (3) (a) 1. to 3. and (2) (d) and (e) are amended to read:
Tax 11.001 (1) Chapter
Tax 11 is applicable to the state sales and use taxes imposed under subch.
III of ch. 77, Stats., and is also applicable to the county and stadium sales and use taxes authorized under subch.
V of ch. 77, Stats.
In this chapter, unless otherwise specified:
(2) (a) “Consumers" are means persons who purchase and use tangible personal property, and sales to consumers are retail sales to which either the sales or use tax applies. Resale certificates should not be accepted from consumers.
(c) “Retailer"
means a person who sells taxable tangible personal property or a taxable service and who shall comply with all requirements imposed upon retailers, including: has the meaning in s. 77.51 (13), Stats.
(3) (a) 1. Obtaining a seller's permit for each place of business in this state;.
2. Filing tax returns and paying tax;.
3. Collecting use tax when applicable and remitting the tax with returns; and.
(2) (d) “Stadium tax" means the local professional baseball park district sales or use tax
or the local professional football stadium district sales or use tax authorized under subch.
V of ch. 77, Stats.
(e) “Tax" means the Wisconsin sales or use tax in effect under ss.
77.52 (1) and
(2) and
77.53 (1), Stats.
“Tax" includes the taxes imposed under s. 77.71, Stats.
SECTION 2. Tax 11.001 (1) (title), (2) (title) and (intro.) and (3) (title), (a) (intro.) and (b) are created to read:
Tax 11.001(1) (title) APPLICABILITY.
(2) (title) DEFINITIONS.
(intro.) In this chapter, unless otherwise specified:
(3) (title) RETAILERS AND RETAIL SALES.
(a) (intro.) Retailers shall comply with all requirements imposed upon them, including all of the following:
(b) Sales to consumers are retail sales to which either the sales tax or the use tax applies.
SECTION 3. Tax 11.13 (1) (a), (3) (b) and (5) (a) 2. (intro.) and (b) 3. are amended to read:
Tax 11.13 (1) (a) “Continuous" use of a direct pay permit means that the purchase without tax applies to the purchase being made from the retailer and subsequent purchases from that retailer and is considered a part of each order given to the retailer. The continuous use of the direct pay permit remains in force until the continuous use is voided by the direct pay permit holder.
(3) (b) Persons who wish to obtain a direct pay permit shall apply to the department using the form prescribed by the department. A $5 fee is required upon application. form S-101, “Application for Direct Pay Permit."
Note to Revisor: 1) Remove the note at the end of Tax 11.13 (3) (a).
2) Replace the note at the end of Tax 11.13 (3) (b) with the following:
Note: Form S-101 is available by writing to Wisconsin Department of Revenue, Mail Stop 5-77, PO Box 8902, Madison WI 53708-8902; calling (608) 266-2776; or downloading it from the department's web site, www.dor. state.wi.us.
3) In the example at the end of Tax 11.13 (3) (c), replace the year “1995" with “2002" twice.
4) Replace the note at the end of Tax 11.13 (4) (b) with the following:
Note: The permit to be cancelled and letter should be mailed to Wisconsin Department of Revenue, Mail Stop 5-77, PO Box 8902, Madison WI 53708-8902.
(5) (a) 2. (intro.) A form S-211, “Wisconsin Sales and Use Tax Exemption Certificate," or other written document containing , either of which contains all of the following:
(b) 3. While the use of a direct pay permit is continuous, all purchases from a retailer, except those in sub. (6) (a) and (b), shall be made using the direct pay permit even though a resale certificate, manufacturer's exemption certificate, certificate of exemption or other exemption an exemption certificate requiring different documentation may apply.
Note to Revisor: Replace the example at the end of Tax 11.13 (5) (b )3. with the following:
Example: On July 1, 2002, Company A begins using its direct pay permit when purchasing tangible personal property from Company B. Company A provides a written statement to Company B that the use of its direct pay permit will be continuous. All purchases of tangible personal property or taxable services, except those described in sub. (6) (a) and (b), by Company A from Company B on or after July 1, 2002, while continuous use is in effect, must be made without paying sales or use tax to the retailer using the direct pay permit. While continuous use of a direct pay permit is in effect, no other exemption certificate may be used.
SECTION 4. Tax 11.14 (6) (a) 2. and (13) (a) (intro.) and (b) are amended to read:
Tax 11.14 (6) (a) 2. If a purchaser gives an exemption certificate claiming resale for property acquired and then makes any storage or use of the property other than retention, demonstration or display while holding it for sale in the regular course of business, the storage or use is taxable as of the time the property is first stored or used. The use sales tax shall be reported and paid by the purchaser with the tax return for the period in which the property is first so stored or used.
(13) (a) (intro.) The certificate for a construction contract entered into before the effective date of a county tax, or a stadium tax as defined in s. Tax 11.001(4) 11.001 (2) (d), form S-207CT-1, is used by contractors to purchase building materials without the county or stadium tax. The certificate shall be used by a contractor only if the following 3 conditions are met:
(b) The certificate shall give the descriptive name of the contract, job site, county or stadium tax effective date, date of prime contract and bid, date contract was signed, seller's name, date of performance of the contract and contractor's name and address and shall be singed signed by the contractor.
SECTION 5. Tax 11.84 (1) (b) 1. and 2. and (c) are amended to read:
Tax 11.84 (1) (b) 1. The transfer is to the spouse, parent, stepparent, father-in-law, mother-in-law, child, stepchild, son-in-law or daughter-in-law of the transferor;.
2. The aircraft was previously registered in Wisconsin in the transferor's name; and.
(c) Section
77.61 (1) (a), Stats., provides that no aircraft may be registered in Wisconsin unless the registrant presents proof that the sales tax has been paid or a valid exemption was claimed. If the aircraft is purchased from a person other than a Wisconsin aircraft dealer, the purchaser shall pay the tax at the time the aircraft is registered with the Wisconsin department of transportation, division of
aeronautics motor vehicles. The tax applies to aircraft registered or customarily hangared or both in Wisconsin, even though the aircraft also may be used out-of-state.
SECTION 6. Tax 11.84 (2) (c) is renumbered Tax 11.84 (2) (c) (intro.) and amended to read:
Tax 11.84 (2) (c) (intro.) Other taxable receipts. The gross receipts from charges for aerial photographs and maps, and from charges for sightseeing flights and for carrying a skydiver are taxable. the following are taxable:
SECTION 7. Tax 11.84 (2) (c) 1. to 4. are created to read:
Tax 11.84 (2) (c)1. Aerial photographs and maps.
2. Sightseeing flights.
3. Carrying a skydiver.
4. Towing a banner that is not provided by the person towing it, towing a hang glider pilot or towing a glider.
SECTION 8. Tax 11.84 (4) (a) and (c) are amended to read:
Tax 11.84 (4) (a) Transporting Except as provided in sub. (2) (c), transporting customers or property for hire when the customer only designates the time of departure and destination while the owner retains control over the aircraft in all other respects.
(c) Advertising promotions such as sky writing
skywriting and banner towing if the person towing the banner also provides it, except when the aircraft is leased to a person who provides a pilot.
Note to Revisor: Replace the note at the end of Tax 11.96 (2) (b) with the following (there are no changes to the text of Tax 11.96):
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, Mail Stop 624A, PO Box 8933, Madison WI 53708-8933 or delivered to 2135 Rimrock Road, Madison, Wisconsin.
Initial Regulatory Flexibility Analysis
This proposed rule order does not have a significant economic impact on a substantial number of small businesses.
Fiscal Effect
These proposed rules will have no fiscal effect.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to s.
345.11 (4), Stats., and interpreting s.
345.11, Stats., the Department of Transportation will hold a public hearing in Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
3rd day of February, 2003, at 3:00 PM, to consider the amendment of ch.
Trans 114, Wis. Adm. Code, relating to uniform traffic citation.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business February 10, 2003, to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Anna Biermeier, Department of Transportation, Bureau of Driver Services, Revocations and Suspensions Section, Room 305, P. O. Box 7917, Madison, WI 53707-7917.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Department of Transportation
Statutes interpreted: s.
345.11, Stats.
General Summary of Proposed Rule. Chapter
Trans 114 promulgates the recommendations of the Council on Uniformity of Traffic Citations, including:
1. The form or automated format of the uniform traffic citation; and
2. Other rules necessary for the implementation and operation of s.
345.11, Stats.
With the advice of the Council on Uniformity of Traffic Citations, the Department proposes amending ch.
Trans 114 to:
• Promulgate a revised uniform traffic citation form (the proposed new version is figures 1 to 5 of the proposed rule).
• Promulgate an automated format for the uniform traffic citation (the proposed layout of a printed citation provided to a defendant under the automated system is figure 6 of the proposed rule).
• Clarify that chs.
340 and
343, Stats., definitions apply in the chapter.
• Update document security provisions.
• Update references to previous versions of the form and authorize the use of existing stocks of uniform traffic citation forms.
Changes to the format of the existing traffic citation form are largely made to speed transcription of the data included on the form when forms are submitted to DMV by courts. In addition, some of the information on the front of the form is substantially simplified. For example, the language, “You Are Notified To Appear, Is this a mandatory Court Appearance ⍽ YES ⍽ NO (Read the reverse side of this citation for court information)," is reduced to “Appearance Required ⍽No ⍽Yes See back for court/point information." The language simplification allows the message to be carried in larger size print and more accurately describes the disclosures on the back of the citation.
In addition this rule making proposes to eliminate the requirement that a court clerk submit a signed, dated letter with each group of adjudicated citations indicating the dispositions entered on the citations are true and correct. The Department has concluded this requirement is unnecessarily burdensome and that it provides no real assurance of authenticity. More useful safeguard mechanisms that DOT and law enforcement use are documented in the rule making such as:
(1) Requiring control numbers appear on preprinted and automated citations.
(2) Issuing blocks of control numbers to designated law enforcement agencies, law enforcement officers, or specific computers, to be printed on automated citations.
(3) Auditing the use of citation forms and automated citation systems.
Finally, the Council on Uniformity of Traffic Citations and Complaints authorizes the Department to make simple changes to the form, such as changing the layout or order of fields on the form, in order to speed up data processing, or to make the citation reflect changes in law. Any changes made under this provision are to be promptly reported to the Council.
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, sewerage district, or federally-recognized tribes or bands. 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 Rule
Copies of the rule may be obtained upon request, without cost, by writing to Anna Biermeier, Bureau of Driver Services, Revocations and Suspensions Section, P. O. Box 7917, Madison, WI 53707-7917, or by calling (608) 266-9901. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
