Overpayments are recovered from providers who do not comply with program policies by tax intercept, reductions in future payments, or other means determined to be effective.
Iowa:
Iowa uses factors to be considered in determining penalties against providers who violate the terms of the child care program.
Michigan:
Michigan has proposed rules on overpayment recovery and revocation if a provider's attendance records are not accurate.
Analysis used to determine effect on small businesses
The rules are primarily implementing statutory direction.
Small Business Impact
The proposed rules 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.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
Section
49.155 (7m), Stats., as created by
2009 Wisconsin Act 28, and s.
49.195 (3m) and (3n), Stats., allow the Department to pursue collection of overpayments to child care providers receiving payments from the Wisconsin Shares program through use of warrants, execution of liens, and levies. State staff and IT systems for applying these administrative collection tools have been in place since 2007 for levies and longer for the warrant and lien execution processes. Up to this time these collection options have been applied to participants only. This rule establishes procedures for extending the use of these tools to collection of overpayments from providers.
Because staff and IT systems are already in place for administration of these collection tools, it is anticipated that the additional workload for initiating provider overpayment collections will be minimal, and will be able to be covered within existing resources. Annual revenues from collections and fees associated with initiating warrants, liens and levies will be available to cover administrative costs for provider overpayment collections. While annual costs for collections will increase, they will be covered by annual increases in revenues.
As of June 2010 over $7.1 million of child care provider overpayments have been identified for possible collection action. While child care providers who are subject to overpayment collections will have appeal rights, there is no reliable basis to estimate how many will appeal. Costs associated with appeals are anticipated to increase, but revenues from collections will be available to cover those costs also.
State fiscal effect
Increase existing revenue.
Increase costs - may be possible to absorb within agency's budget.
Long-range fiscal implications
None.
Agency Contact Person
Jim Bates, Section Chief
Fraud Detection and Investigation Unit
Division of Early Care and Education
Phone: (608) 266-6946
Notice of Hearing
Commerce
Wis. Commercial Building Code, Chs.
Comm 60-
66NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
101.123 (6) Stats., the Department of Commerce will hold a public hearing on emergency rules to revise section
Comm 62.0400, relating to no smoking signs.
Hearing Information
Date: July 26, 2010
Time: 10:00 a.m.
Location: Conference Room 3C
Thompson Commerce Center
201 West Washington Avenue
Madison, WI
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) 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.
Submittal of Written Comments
Interested persons are invited to appear at the hearing and present comments on the emergency rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on the emergency rules will remain open until July 30, 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. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email jim.quast@wisconsin. gov.
Copies of Emergency Rules
The emergency rules and an analysis of the rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or telephone (608) 266-9292 or TDD Relay dial 711 in Wisconsin or (800) 947-3529. Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
Statutes: 101.123 (2m)
Explanation of agency authority
2009 Wisconsin Act 12, s.
101.123, Stats., which is to take effect on July 5, 2010, basically prohibits smoking in enclosed places of public buildings and places of employment. The Act directs the department to establish characteristics for no smoking signs which persons in charge are to utilize aboard public conveyances and in public buildings and places of employment.
Summary of proposed rules
The rules dictate that minimally no smoking signs include the international “No Smoking" symbol consisting of a pictorial burning cigarette enclosed in a red circle with a red bar across the cigarette.
Comparison with federal regulations
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding a general national prohibition of smoking in places of employment and public buildings.
Comparison with rules in adjacent states
The following is a comparison of smoking prohibitions and signage enacted in adjacent states.
Illinois:
The Smoke Free Illinois Act, 410 ILCS 82, as of January 1, 2008 prohibits smoking in a public place or in any place of employment or within 15 feet of any entrance to a public place or place of employment. Under the Act, “No Smoking" signs or the international “No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it are to be utilized.
Iowa:
Effective July 1, 2008, Iowa under the Smokefree Air Act no longer allows smoking in almost all public places and enclosed areas within places of employment, as well as some outdoor areas. The law applies to: restaurants, bars, outdoor entertainment events and amphitheaters. It also covers places of employment such as office buildings, health care facilities, and child care facilities. Smoking is allowed on the gaming floor of a licensed casino, as well as designated hotel and motel rooms. Under the law, “No Smoking" signs or the international “No Smoking" symbol are to identify no smoking establishments.
Michigan:
Beginning May 1, 2010, smoking is prohibited in most public places in Michigan. The law covers any workplace and any food service establishment. This law covers public places, including, but not limited to, restaurants, bars, shopping malls, bowling alleys, concert halls, arenas, museums, mechanic shops, health facilities, nursing homes, education facilities, and child care centers. Under the Act, “No Smoking" signs or the international “No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it are to be utilized.
Minnesota:
As of October 1, 2007 Minnesota under the Clean Indoor Air Act prohibits smoking in bars, restaurants, private clubs such as VFWs and American Legion halls, bowling alleys, country club lounges, lobbies of hotels and motels, public transportation, taxis, home offices where employees work or customers visit, home day cares when children are present, and smaller commercial vehicles carrying more than one person. Under the rules administered by the Minnesota Department of Health, s. 4620.0500, whenever the international no smoking symbol is used, the diameter of the outer circle must not be less than three inches.
Summary of factual data and analytical methodologies
The rules were developed as a result of an analysis of
2009 Wisconsin Act 12 and the variety of buildings and structures potentially affected and their circumstances of operation.
Small Business Impact
The department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act.
An economic impact report has not been required to be prepared.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Fiscal Estimate
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None are anticipated.
Text of Emergency Rule
SECTION 1. Comm 62.0400 (5) is created to read:
Comm 62.0400 (5) NO-SMOKING SIGNS. No-smoking signs shall include the international “No Smoking" symbol consisting of a pictorial burning cigarette enclosed in a red circle with a red bar across the cigarette.
Agency Contact person
James Quast, Program Manager
Phone: (608) 266-9292
Notice of Hearing
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100—
NOTICE IS HEREBY GIVEN that pursuant to sections
560.602 and
560.68 of the Statutes, the Department of Commerce will hold a public Hearing on proposed rules under Chapter
Comm 106, relating to the Wisconsin Development Fund, and affecting small businesses.
Hearing Information
