The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminable. The time needed to create the rule language itself will be minimal. However, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than six months to complete.
Revenue
Subject
Chapters Tax 61 and Tax 63, relating to technical improvements in both chapters and to the implementation of changes to Wisconsin Lottery retailer billing terms, consistent with Section 2427 b. of 2005 Act 25, as it amends s.565.10 (15), Stats.
Entities Affected by the Rule
Retail organizations that sell lottery products will be affected.
Comparison with Federal Regulations
The department is not aware of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Policy Analysis
Objective of the rule. The objectives of the proposed rule are to create provisions for future billing terms to be offered to retailers consistent with Section 2427b of 2005 Act 25, to offer additional shipping options at cost to the retailer in situations where the retailer desires additional shipping options, and to remove minor requirements that currently exist in the Retailer Performance Program (RPP) which the Lottery has determined are not consistent with the program intent. And last, the proposal will also create rules that satisfy the voluntary non-disclosure requirements of 2003 Act 145, and will also clean up minor technical problems in both chapters.
Current policies are being updated to align to new statutory law, and to provide better customer service options to the retailers of Lottery product.
Statutory Authority
Sections 227.11 (2) (a), 565.02, and s. 565.10 (15), Stats.
Staff Time Required
It is estimated that approximately 140 hours of staff time will be required to develop this rule order.
Workforce Development
Subject
Chapter DWD 56, child care rates
Policy Analysis
Each county or tribal agency annually establishes maximum reimbursement rates for child care services provided to eligible individuals by licensed and certified child care providers, unless the Department sets multi-county rates. The Department or each county sets the rates based on a survey of all licensed providers that determines the child care prices the providers charge the general community. The maximum reimbursement rate for licensed providers is set so that at least 75% of the number of places for children within the licensed capacity of all child care providers in the county can be purchased at or below that maximum rate. Separate maximum rates are set for licensed group child care centers, licensed family child care centers, Level I certified family child care providers, and Level II certified family child care providers. Separate maximum rates are also set for children in various age groupings. The current rates are multi-county rates set by the Department in 2006.
In past years, the adjusted rates based on the annual survey have generally become effective January 1 of the new year. The Department has issued an emergency rule that provides that the rates will not be adjusted for the year beginning January 1, 2007, and the rates effective on December 31, 2006, will remain in effect. This is the corresponding proposed permanent rule.
Statutory Authority
Sections 49.155 (6) and 227.11 (2), Stats.
Entities Affected by the Rule
Families who receive assistance under the child care subsidy program and child care providers who care for children of these families
Comparison with Federal Regulations
Under 45 CFR 98.43, a state must certify that state payment rates for the provision of child care services funded under the Child Care and Development Fund are sufficient to ensure equal access to child care services for eligible families as families not eligible for child care assistance. At a minimum, the state must show that it considered 3 key elements in determining that its child care program provides equal access for eligible families: 1) Adequate payment rates based on a local market rate survey conducted no earlier than two years prior to the effective date of the current plan; 2) Choice of the full range of categories and types of providers; and 3) Affordable copayments.
In the commentary issued with the regulation, the Administration for Children and Families notes that rates established at least at the 75th percentile of the market rate would be regarded as providing equal access. Under the former title IV-A child care program, states were required to set rates at this level. (63 FR 39936, 39959, July 24, 1998)
Staff Time Required
60 hours.
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