Appearance at Hearing
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Copies of Proposed Rule and Submittal of Written Comments
A copy of the proposed rule is available at
http://adminrules.wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about a rule, and submit comments during the public comment period. You may receive a paper copy of this rule or fiscal estimate by contacting:
Elaine Pridgen, Office of Legal Counsel
Department of Children and Families
201 E. Washington Avenue
Madison, WI 53707
Phone: (608) 267-9403
Written comments on the proposed rules received at the above address, email, or through the http://adminrules. wisconsin.gov website no later than October 22, 2010, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Children and Families
Statutory authority
Statutes interpreted
Explanation of agency authority
Any person who receives, with or without transfer of legal custody, 5 to 8 children to provide care and maintenance for those children must obtain a license to operate a group home from the department. To obtain a license to operate a group home, a person must meet the minimum requirements for a license established in chapter DCF 57, meet the background check requirements, pay the license fee, and meet the new determination of need requirement created by
2009 Wisconsin Act 335.
Section
48.625 (1g), Stats., as created by
2009 Wisconsin Act 335, provides that no person may apply for a license to operate a new group home or for an amendment to a license that would increase the bed capacity of an existing group home until the department has reviewed the need for the additional placement resources that would be made available by the issuance or amendment of the license and has certified in writing that a need exists for the proposed additional placement resources. The department shall promulgate rules to implement this subsection.
Summary of the proposed rule
The rule will provide that an applicant for a determination of need for a new group home or for increased bed capacity in an existing group home shall submit all of the following documents to the department:
•
A statement of support by one or more counties, the Bureau of Milwaukee Child Welfare, or the Department of Corrections stating that the proposed additional placement resources are needed.
•
A detailed description of the methodology and findings that there is a need for this particular group home.
•
A detailed plan for the operation of the proposed group home that includes all of the following:
□ The number, sex, and age range of the children to be served.
□ The type of needs or disabilities of children to be served.
□ Number of staff listed by job title, degree or certification, and full-time or part-time status.
□ A description of the proposed program and treatment goals.
□ The location of the group home and a drawing of the layout of the physical plant.
The department shall send written notice of its determination of need to the applicant with a specific reason for the determination within 90 days after the date on which the department received all required documents and information from an applicant. The department will consider an application that remains incomplete for a 90-day period after receipt of any documentation to be withdrawn.
Comparison with federal regulations
None.
Comparison with rules in adjacent states
The department is not aware of any requirements to obtain a certificate of need before applying for a license to operate a group home in adjacent states.
Summary of factual data and analytical methodologies
The rule regulates the establishment of new group homes and the expansion of existing group homes to control costs to Wisconsin citizens while ensuring an adequate number and variety of facilities to meet the needs of children who require out-of-home residential care.
Analysis used to determine effect on small businesses
The rule provides details to implement the statute.
Small Business Impact
The proposed rule will affect small businesses as defined in s.
227.114 (1), Stats., but will not have a significant economic impact on a substantial number of businesses.
The Department's Small Business Regulatory Coordinator is Elaine Pridgen, (608) 267-9403, elaine.pridgen@ wisconsin.gov.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
A determination of need requirement will save staff time that is currently spent licensing group homes that are not needed. Group homes that are underutilized have higher per bed overhead costs that have often been passed on to purchasers.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Mary Morse, Child Welfare Licensing Section
Bureau of Permanence and Out-of-Home Care
Phone: (608) 266-0415.
Notice of Hearing
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100—
NOTICE IS HEREBY GIVEN that pursuant to s.
560.033 of the Statutes, the Department of Commerce will hold a public hearing on emergency rules to create Chapter
Comm 137, relating to reallocations for recovery zone facility bonds, and affecting small businesses.
Hearing Information
Date and Time:
|
Location:
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October 1, 2010
Friday
1:00 p.m.
|
Thompson Commerce Center
Third Floor, Room 3B
201 West Washington Avenue
Madison, WI
|
This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at (608) 266-0797 or at Contact Through Relay at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Appearance at Hearing and Submittal of Written Comments
Interested persons are invited to appear at the hearing and present comments on the rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this rulemaking will remain open until
October 6, 2010, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. E-mail comments should be sent to
sam.rockweiler@wi.gov. If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.
Copies of Emergency Rule
Paper copies may be obtained without cost from Sam Rockweiler at the Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53707, or at
sam.rockweiler@wi.gov, or telephone (608) 266-0797, or at Contact Through Relay. Copies will also be available at the public hearing.
Analysis Prepared by the Department of Commerce
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting the provisions of any Statute administered by the Department. Section
560.033 (1) of the Statutes directs the Department to establish by rule, a system for reallocating waived allocations for recovery zone facility bonds – as defined under
26 USC 1400U-3(b)(1) – to the authorities and local governmental units which are defined in sections
66.1104 (1) (a) and
(b) of the Statutes. Section
560.033 (3) of the Statutes authorizes the Department to place any condition on these reallocations that the Department deems is in the best interest of the State.
Related statute or rule
Chapter
Comm 113 contains rules relating to allocating volume cap on tax-exempt private activity bonds for manufacturing and housing, pursuant to
26 USC 146.
Chapter
Comm 136 establishes a procedure by which the Governor can designate tax-exempt Midwestern disaster area bonds that can be issued by, or on behalf of, the State or any political subdivision thereof, under the federal Heartland Disaster Tax Relief Act of 2008. These are private activity bonds that are designed to facilitate the recovery and rebuilding of areas which were declared major disaster areas in 2008.
Plain language analysis
The rules in this order address a system for reallocating all of the federal recovery zone facility bond allocations that were not used by June 1, 2010, to the authorities and local governmental units which are defined in sections
66.1104 (1) (a) and
(b) of the Statutes, as created in
2009 Wisconsin Act 112. This reallocation system includes deadlines that are designed to result in complete use of the federal bond allocation prior to its expiration on December 31, 2010.
Comparison with federal regulations
Current federal law, including the American Recovery and Reinvestment Act of 2009 (ARRA), authorizes certain local governments to issue several different types of tax-exempt bonds, including recovery zone facility bonds. The amount of bonds that may be issued is limited. Through each State, the ARRA allocates to counties, and to cities with a population of at least 100,000, the limited amount of recovery zone facility bonds that may be issued. The ARRA also authorizes these counties and cities to then waive some or all of their allocation, in which case the State in which the local units are located may reallocate the waived allocation to other units of government in that State.
Comparison with rules in adjacent states
Minnesota, Illinois, Iowa and Michigan have not yet promulgated any rules relating to counties or cities waiving allocations for recovery zone facility bonds. As a result, each county or city within those States may have developed their own requirements or guidelines for utilizing their portion of the State's recovery zone facility bond allocation.
Summary of factual data and analytical methodologies
The data and methodology for developing these rules were derived from and consisted of (1) reviewing
2009 Wisconsin Act 112 and the corresponding criteria in section 1401 of the federal American Recovery and Reinvestment Act of 2009, Public Law 111-5; (2) incorporating applicable best practices the Department has developed in administering similar programs for economic development and business development; and (3) incorporating recommendations from stakeholders.
Analysis and supporting documents used to determine effect on small business
The primary documents that were used to determine the effect of the rules on small business were
2009 Wisconsin Act 112 and the corresponding criteria in section 1401 of the federal American Recovery and Reinvestment Act of 2009.
No economic impact report was prepared.
Small Business Impact
