Analysis of Proposed Rules
Statutory authority: s.
560.798, Stats.
Statute interpreted: s.
560.798, Stats.
Under s.
560.798 (5), Stats., the Department of Commerce has the responsibility of promulgating rules for the operation of the Agricultural Development Zone Program.
This rule is being created in response to 2001 Wisc. Act 16, which provides authority for administering such a program, the designation of an agricultural development zone, the certification of agricultural businesses, and the determination of tax benefits available to certified agricultural businesses.
The following listing highlights the major items contained in this new chapter:
· Creates the process for application and designation of the Agricultural development zone.
· Provides a means for modification of the boundary of an agricultural development zone.
· Creates the process for application and certification of agri-businesses.
· Establishes criteria for eligibility to certify agri-business.
· Creates the process to determine and claim tax benefits and notifications to the Department of Revenue.
Environmental Assessment
The proposed administrative code revision is categorized in ch.
Comm 1, WEPA, Table 1.11-2 and determined to be a Type II action.
The proposed action is administrative in nature and has no potential direct effect on the quality of the human environment. The Department considers this action to have no potential for significant adverse impact.
The Department acknowledges that some projects receiving tax benefits under this chapter may result in new construction or expansion of existing structures or facilities These actions may involve new development or rehabilitation and an application for zoning and/or a conditional use permit may be required at the local level. The department acknowledges that these actions are under local jurisdiction and generally include provisions for the compliance with local, state or federal environmental review.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The subject of the rules is to provide tax benefits for new and expanding agricultural businesses in a newly-designated agricultural development zone in the state. The expectation is that the creation of the zone will result in the attraction, promotion, retention or expansion of agricultural businesses and also provide economic stimulus to other businesses in the area and throughout the state.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Agricultural businesses certified in the agricultural development zone shall on an annual basis report to the department and may file tax claim verification with the Department of Revenue.
3. Types of professional skills necessary for compliance with the rules.
No professional skills are expected to be required by agricultural business applicants.
Fiscal Estimate
Section
560.798, Stats., as passed in the 2001/03 biennial budget, establishes the Agricultural Development Zone Program. Commerce is provided the authority to develop rules concerning the designation of an agricultural development zone and the certification of businesses within those zones. Ch.
Comm 118 thus relates mainly to establishing that process and defining key terms.
1. State Fiscal Effect. By instituting a rigorous application process, the proposed rule will increase the workload for the Department of Commerce by requiring staff to review applications and make preliminary determinations as to designation of an agricultural development zone. Commerce can absorb this new work by using existing staff.
2. Local Fiscal Effect. Under the proposed rules, towns, villages, cities, tribes, and counties, either separately or in concert, may submit agricultural development zone applications. These applications are expected to be lengthy documents requiring a significant investment of time. Costs arising from the rules are, however, permissive since communities are not required to apply for participation in the program.
Notice of Hearing
Health and Family Services
Notice is hereby given that, pursuant to s.
980.067, Stats., the Department of Health and Family Services will hold a public hearing to consider amending ch.
HFS 95, Wis. Adm. Code, relating to the custody and control of sexually violent persons placed at facilities under s.
980.065, Stats.
Hearing Information
The public hearing will be held:
Thursday, October 24, 2002 at 10:00 a.m.
Conference Room 851-R
State Office Building
1 West Wilson Street
MADISON, WI
The hearing site is fully accessible to people with disabilities. Parking for 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 Department of Health and Family Services proposes to amend the title and several provisions in ch.
HFS 95, “Use of Force: Ch.
980, Stats., Patients," and create a new section of in the chapter, entitled “Escorted Temporary Patient Leave." The proposed amendments to ch.
HFS 95 are based on the Department's experience to date administering the chapter (the chapter became effective on February 1, 2002.) The proposed creation of a section of the chapter is in response to the creation of a new section 980.067 of the Wisconsin statutes through
2001 Wis. Act 16 (the biennial budget bill.) Section
980.065 of the statutes requires the Department to place persons determined to be sexually violent at selected facilities administered by the Department. Section
980.067 authorizes the superintendent of a facility at which a sexually violent person resides to allow that person to leave the grounds of the facility under escort. Section
980.067 also directs the Department to promulgate rules that express the policies and procedures for its administration of this process.
The new section of rules being proposed by the Department, s.
HFS 95.10, addresses circumstances under which a person committed to either the Wisconsin Resource Center or the Sand Ridge Secure Treatment Center could be allowed to temporarily leave the facility for selected reasons. The Department has proposed that these reasons be limited to the following:
- To privately visit a dying or deceased relative;
- To receive medical services that are not provided at the facility;
- To engage in pre-placement activities when the patient has a proposed or approved supervised release plan under s.
980.08 (5), Stats.; or
- For other purposes consistent with the therapeutic interests of the patient and the security interests of the facility and the community.
The proposed rules also identify considerations a facility director must take into account in his or her decision to allow a patient detained or committed under chapter 980 of the statutes to leave the facility.
Contact Person
James Yeadon
Division of Care and Treatment Facilities
P.O. Box 7851, Room 850
Madison, WI 53707-7851
608-266-5525 or, if you are hearing impaired,
608-266-1511 (TTY)
To comment on or discuss the content of the proposed rule, please e-mail or phone:
Steve Watters, Director
Sand Ridge Secure Treatment Center
1111 North Rd.
P.O. Box 700
Mauston, WI 53948
608-847-1720 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 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 on the proposed rule received at the above address no later than November 11, 2002, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
Any increased costs associated with the implementation of these rules were accounted for in
2001 Act 16, which created section
980.067, Stats.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats.
Notice of Hearing
Health and Family Services
(Medical Assistance, Chs.
HFS 100-)
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. Through its emergency rulemaking authority under s.
224.24, Stats., the Department issued ch.
HFS 109 to become effective on September 1, 2002.
Hearing Information
The public hearing will be held:
Thursday, October 10, 2002 from 9:00 a.m. to Noon
Room 751
State Office Building
1 West Wilson St.
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 Wis. Act 16, Wisconsin has addressed the problem those increasingly high costs pose to the elderly by creating s.
49.688, Stats. 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.
