SECTION 11. Opt 6.04 (6) and (7) are created to read:
Opt 6.04 (6) Except as provided in sub. (7), no more than a combined total of 6 hours of continuing education per biennium may be claimed for course work obtained through alternative delivery methods such as home-study courses, self-study packages, computer courses, televideo conferencing, or other delivery methods approved by the board under s.
Opt 6.05 (5).
(7) The board may permit a certificate holder to claim more than 6 hours of continuing education per biennium for course work obtained through alternative delivery methods such as home-study courses, self-study packages, computer courses, televideo conferencing, or other delivery methods approved by the board, if the credential holder submits evidence, satisfactory to the board, of hardship.
SECTION 12. Opt 6.05 (2) (a) and (b) are amended to read:
Opt 6.05 (2) (a) The subject matter of the course pertains to therapeutic pharmaceuticals, removal of superficial foreign bodies from the eye or from an appendage to the eye, responsible use of controlled substances and substance abuse concerns, new drugs used for ophthalmic therapeutic purposes which have been approved by the federal food and drug administration, or other topics as designated by the board the practice of optometry.
(b) The provider of the continuing education course agrees to monitor the attendance and furnish a certificate of attendance to each participant. The certificate of attendance shall certify successful completion of the course.
SECTION 13. Opt 6.05 (4) is repealed.
SECTION 14. Opt 6.05 (6) is renumbered Opt 6.05 (6) (intro.) and is amended to read:
Opt 6.05 (6) (intro.) A continuing education course approved by the council on optometric practitioner education Council on Optometric Practitioner Education (COPE) which satisfies the criteria established under sub. (2), and is included in one of the following categories established by COPE, may shall be approved by the board without receipt of a course approval application from the provider.:
SECTION 15. Opt 6.05 (6) (a) to (o) are created to read:
Opt 6.05 (6) (a) CL - Contact lens.
(b) FV - Functional vision – pediatrics.
(c) G – Glaucoma.
(d) GO - General optometry.
(e) JP – Jurisprudence.
(f) LV - Low vision.
(g) NO - Neuro-optometry.
(h) OS - Management of ophthalmic surgery.
(i) PD - Principles of diagnosis.
(j) PH – Pharmacology.
(k) PM - Practice management.
(L) RS - Refractive surgery management.
(m) SD - Systemic disease.
(n) TA - Treatment anterior segment.
(o) TP - Treatment posterior segment.
SECTION 16. The Note following Opt 6.05 (6) is amended to read:
Note: The Council on Optometric Practitioner Education (COPE) is a committee of the International Association of Boards of Examiners in Optometry, Inc., (IAB). An application for course approval by COPE may be obtained at 4330 East West Highway, Suite 1117, Bethesda, Maryland 20814-4408 1750 South Brentwood Boulevard, Suite 503, St. Louis, MO 63144-1341.
Notice of Hearing
Revenue
Notice is hereby given that, pursuant to s.
227.11 (2), Stats., and interpreting s.
70.32 (2r) (c), Stats., the Department of Revenue will hold a public hearing at the time and place indicated below, to consider the amendment of rules relating to 2005 agricultural use value.
Analysis Prepared by the Department of Revenue
Explanation of agency authority: Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Plain language analysis: Pursuant to s.
70.32 (2r) (c), the assessment of agricultural land is assessed according to the income that could be generated from its rental for agricultural use. Wisconsin Chapter
Tax 18 specifies the formula that is used to estimate the net rental income per acre. The formula estimates the net income per acre of land in corn production based on a 5-year average corn price per bushel, cost of corn production per bushel and corn yield per acre. The net income is divided by a capitalization rate that is based on a 5-year average interest rate for a medium-sized, 1-year adjustable rate mortgage and net tax rate for the property tax levy two years prior to the assessment year.
For reasons of data availability, there is a three-year lag in determining the 5-year average. Thus, the 2003 use value is based on the 5-year average corn price, cost and yield for the 1996-2000 period, and the capitalization rate is based on the 5-year average interest rate for the 1998-2002 period. The 2005 use value is to be based on the 5-year average corn price, cost and yield for the 1998-2002 period, and the capitalization rate is to be based on the 2000-2004 period.
The data for the 1998-2002 period yields negative net income per acre due to declining corn prices and increasing costs of corn production. As a result, reliance on data for the 1998-2002 period will result in negative use values.
Under the proposed rule order, the 2005 average net income per acre of agricultural land is to be based on corn yield, production and price data for the 1996-2000 period and interest and tax rate data for the 1998-2002 period as detailed in the summary of factual data section below.
Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states: The valuation of agricultural land in Illinois, Michigan and Minnesota are specified by statute; therefore, there are no administrative rules related to agricultural valuation in these states. The Iowa administrative rule related to agricultural valuation provides no detail regarding the formula used to calculate agricultural land value; reference is made to the Iowa real property appraisal manual.
Summary of factual data and analytical methodologies: Under the proposed rule order, the 2005 average net income per acre of agricultural land is to be based on the following:
•
the 5-year average corn yield per acre from 1996 to 2000,
•
the 5-year average market corn price per bushel from 1996 to 2000, and
•
the 5-year average cost of corn production per bushel from 1996 to 2000.
The rule also specifies that the 2005 use values will be based on a capitalization rate that is the sum of the following:
•
the 5-year average interest rate for a medium sized, 1-year adjustable rate mortgage for farm loans for the period from 1998 to 2002, and
•
the net property tax rate for each municipality for 2001 taxes, payable 2002.
Analysis and supporting documents used to determine effect on small business: The department has prepared a fiscal estimate regarding this proposed rule order. It was determined that there is not a significant fiscal effect on small business.
Effect on small business
This proposed rule order does not have a significant fiscal effect on small business.
Fiscal estimate
The proposed rule amending ch.
Tax 18 would have the effect of freezing the 2005 assessment of agricultural land at 2003 levels. The proposed permanent rule is identical to the emergency rule promulgated December 29, 2004.
Under the current rule, the 2005 use value of agricultural land would be based on the 5-year average corn price, cost and yield for the 1998-2002 period, and the capitalization rate is based on the 5-year average interest rate for the 2000-2004 period.
Using the data for these periods, it is estimated that agricultural land values would be negative. It is unclear how property with negative values would be taxed.
Under the proposed permanent rule, the 2005 use values are to be based on the same data used to calculate the 2003 use values. As a result, statewide agricultural land values will approximately equal the estimated 2005 value of $1.95 billion.
Under the proposed permanent rule, local assessors will apply 2003 unit values to calculate 2005 values; however, parcel records and land values will require updates due to new assessment ratios and possible changes in land use.
Under the proposed rule, there will be no loss of state forestry tax revenue. To the extent that the current rule would result in an exemption of agricultural land and therefore a loss of state forestry tax revenue, the proposed rule would result in an increase in $390,000 in state forestry tax revenues ($1.95 billion x .0002) relative to current law.
Agency contact person
Please contact Frank Humphrey at (608) 261-5364 or
fhumphre@dor.state.wi.us, with any questions regarding this proposed rule order.
Place where comments are to be submitted and deadline for submission: Comments are to be sent to the attention of the above-listed contact person at Department of Revenue, Mail Stop 6-97, 2135 Rimrock Road, P.O. Box 8971, Madison, WI 53708-8971. Comments must be submitted by June 2, 2005.
Text of Rule
Section 1: Tax 18.07 (1) (b) 6. and 7. and (1) (c) 7. are created to read as follows:
18.07 (1) (b) 6. To avoid negative use values in 2005, the 2005 average gross income per acre for each category of agricultural land shall be calculated as described in subd. 2, except that each category's 5-year average yield per acre shall be based on yield data from 1996 to 2000, and the 5-year average market price per unit of output shall be based on market price data from 1996 to 2000.
7. To avoid negative use values in 2005, the 2005 average total cost of production per acre for each category of agricultural land shall be calculated as described in subd. 3, except that the 5-year average cost of production per acre shall be based on cost data from 1996 to 2000.
18.07 (1) (c) 7. To avoid negative use values in 2005, the 2005 capitalization rate for each municipality shall be calculated as described in subd. 5, except the statewide moving average rate, as described in subd. 4, shall be based on data from 1998 to 2002, and the net tax rate for each municipality shall be based on 2001 taxes, payable 2002.
Initial Regulatory Flexibility Analysis
The proposed rule will have no adverse impact on small businesses.
Hearing Information
The hearing will be held at 9:00 A.M. on Thursday, May 26, 2005, in the Events Room (1st floor) of the State Revenue Building, located at 2135 Rimrock Road, Madison, Wisconsin.
Handicap access is available at the hearing location.
Comments on the Rule
Interested persons are invited to appear at the hearing and may make an oral presentation. It is requested that written comments reflecting the oral presentation be given to the department at the hearing. Written comments may also be submitted to the contact person shown below no later than June 2, 2005, and will be given the same consideration as testimony presented at the hearing.
Contact Person
Frank Humphrey
Department of Revenue
Mail Stop 6-97
2135 Rimrock Road
P.O. Box 8971
Madison, WI 53708-8971
Telephone (608) 261-5364
E-mail fhumphre @dor.state.wi.us
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
343.10, Stats., and interpreting s.
343.10, Stats., the Department of Transportation will hold a public hearing in
Room 394 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
26th day of May, 2005, at
1:00 PM, to consider the amendment of ch.
Trans 117, Wisconsin Administrative Code, relating to CDL occupational licenses.
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.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
