Dan Curran Inspector
John Geise Manufacturer
Bart Huntington Manufactured Home Dealer
Ross Kinzler Manufactured Housing Industry
Association
Bob Kluwin Manufactured Housing Industry
Supplier
Harry Kreuser Labor
Ron Middleton Manufactured Home Community
Owners
Jim Reitzner Manufactured Home Community
Owners
Al Rhinerson Manufactured Home Installers
Al Schwoerer Manufactured Home Installers
Mark Theide Manufactured Home Dealers
Kristen Zehner Public
Uniform Dwelling Code Council
Name Representing
Allan Bachmann Remodeling Contractor
Jeffrey Bechard Labor
Ken Dentice Building Inspector
David Dolan-Wallace Architect
Dan Gorski Contractor
Robert Jakel Public
Steve Levine Public
Daniel Nowak Building Inspector
Frank Opatik Housing Manufacturer
Tom Palecek Housing Manufacturer
William Roehr Labor
Gary Ruhl Labor
Mary Schroeder Contractor
Kathleen Stadtherr Building Inspector
William Turner Supplier
John Vande Castle Supplier
Mike Wallace Building Inspector
Paul Welnak Labor
Copies of Rule
The proposed rules and an analysis of the proposed 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 Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Environmental Assessment
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The requirements relating to the installation of manufactured homes impact businesses of all sizes. The rules impact a variety of businesses, including small businesses, particularly those businesses that produce, sell, install or inspect manufactured homes.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The installation of a manufactured home under the UDC program will necessitate acquiring a permit and inspections. In those portions of the state where administration and enforcement of the program is by the Department through contracts with independent inspection agencies, the Department anticipates the permit and inspection fees to be approximately $350 per installation. The application for the permit may be made by the home owner or their designated agent which could be the installer, manufacturer, the dealer or some one else.
3. Types of professional skills necessary for compliance with the rules.
Pursuant to federal law and
2005 Wisconsin Act 45, beginning on January 1, 2007 the installation of manufactured homes must occur under the supervision of licensed installers. The renewal of an installer's license will be contingent upon fulfilling continuing education obligations. The code establishes technical standards that are to be adhered to when installing manufactured homes.
4. Rules have a significant economic impact on small businesses.
Rules were not submitted to Small Business Regulatory Review Board.
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
The proposed rules establish licensure for installers of manufactured homes and standards for the installation and the installation inspection of manufactured homes. The Department estimates that the number of manufactured home installers to be less than 50. The Department proposes a license fee of $100 with the term of the license lasting 4 years. This would generate an increase of $5,000 in revenues over a 4-year period. The Department would be absorbed within current resources.
The installation and the inspection of the installation of manufactured homes is to be placed under the administration and enforcement of the Uniform Dwelling Code, UDC, chapters Comm 20-25. The Department estimates that there will 3,000 installations annually. The Department would collect an estimated $75,000 annually in seal fee revenue under the UDC program. The consultant and processing workload associated with the manufactured home installation facet of the program would be absorbed by current staff.
Administration and enforcement of the UDC Code typically is handled at the local municipal level with municipal costs offset by permit and/or inspection fees established by each municipality.
The installation of a manufactured home under the UDC program will necessitate acquiring a permit and inspections. In those portions of the state where administration and enforcement of the program is by the Department through contracts with independent inspection agencies, the Department anticipates the permit and inspection fees to be approximately $350 per installation.
The proposed rules and the enabling legislation,
2005 Wisconsin Act 45, are the result of a federal HUD initiative under
24 CFR Part 3285. HUD has indicated that the “costs and cost impacts do not represent a significant economic effect on either an industry wide or per-home basis." (Federal Register/Vol. 70, No. 79/ Tuesday, April 26, 2005 p. 21516)
No long-range fiscal implications are anticipated.
Notice of Hearings
Corrections
NOTICE IS HEREBY GIVEN that pursuant to sections
227.11 (2) and
301.45 (10), Stats., and interpreting ss.
301.45 (10), Stats., the department of corrections will hold public hearings to consider:
Emergency rule DOC 332.19, relating to the establishment of a sex offender registration fee to partially offset the costs of monitoring persons on probation, parole, or extended supervision; and
Proposed permanent rule DOC 332.19, relating to the establishment of a sex offender registration fee to partially offset the costs of monitoring persons on probation, parole, or extended supervision.
Hearing information:
Date & Time Location
July 18, 2006 Conference Room 116
10:00 a.m. State Office Building
819 North 6th Street
Milwaukee, Wisconsin
July 18, 2006 St. Croix Conference Room-First Floor
2:30 p.m. Department of Administration
101 East Wilson Street
Madison, Wisconsin
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received by July 21, 2006. Written comments should be addressed to: Kathryn R. Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, or by email
kathryn.anderson@doc.state.wi.us.
The public hearing sites are accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact Kathryn Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, email
kathryn.anderson@doc.state.wi.us, telephone (608) 240-5049 by July 7, 2004.
The purpose of the emergency rule is to establish an annual sex offender registration fee to partially offset the costs of monitoring persons who are on probation, parole, or extended supervision. The permanent rule process has been started. However, the permanent rule process will take approximately nine months to complete. Emergency rules are necessary to respond promptly to the collection of fees while permanent rules are being developed.
Under the authority vested in the Department of Corrections by ss.
227.11 (2) and
301.45 (10), Stats., the Department of Corrections hereby creates rules relating to the establishment of a sex offender registration fee to partially offset the costs of monitoring persons on probation, parole, or extended supervision, as follows:
PLAIN LANGUAGE ANALYSIS:
The rule establishes an annual fee to partially offset the costs of monitoring persons who are on probation, parole, or extended supervision. Generally, the department has interpreted that all individuals who are subject to it supervision whether incarcerated or on probation, parole, or extended supervision, are under its custody. Because of the statutory language which seems to distinguish between those “in custody" and those on probation, parole, or extended supervision, the department has defined the term “custody" and used the terms “offender" and “inmate" to describe the individuals who are subject to this fee. The department has set the annual fee at $50.00. The department also has established procedures for the collection and recording of the registration fee, as well as procedures for the failure of payment by an inmate or offender.
DOC 332.19 Sex offender registration fee.
(1) APPLICABILITY. A person who is required to register as a sex offender under s.
301.45, Stats., and who is in the department's custody or who is on probation, parole, or extended supervision shall be charged a registration fee to partially offset the costs of monitoring offenders.
(2) DEFINITIONS.
(a) “
Custody" means being under the authority of the department as an inmate, a probationer, parolee, or person subject to extended supervision under s.
302.113, Stats.
(b) “Offender" means a person on probation, parole, or extended supervision under s.
302.113, Stats.
(3) FEE. The sex offender registration fee shall be $50.00 on an annual basis.
(4) RECORDING OF REGISTRATION FEE. With reference to the sex offender registration fee under sub. (3), the department shall do the following:
(a) Record all registration fees paid by an inmate or offender.
(b) Provide the inmate or offender access to a copy of the record of payments to verify receipt of payments.
(c) Advise the inmate or offender of nonpayment of registration fees.