Statutory authority
Statutes interpreted
Plain language analysis
The purpose of the rule is to amend s.
DOC 332.19 to be consistent with s.
301.45 (10), Stats., as amended by
2007 Wisconsin Act 20, section
3132. First, the newly amended s.
301.45 (10) expands the persons whom the department of corrections may require to pay an annual sex offender registration fee. Previously, the department was limited to assessing the fee only against those persons who were required to register and who were in its custody or under its supervision as a person on probation, parole, or extended supervision. The new law permits the department to require all persons who are required to register as a sex offender to pay an annual fee. The proposed rule expands the requirement to pay the sex offender registration fee to all persons who are required to register.
Second, the amended s.
301.45 (10), Stats., limits the use of the collected sex offender fees to partially offset the costs of monitoring sex offenders. Previously, the department was authorized to use the collected fees to partially offset the costs of monitoring those persons on probation, parole, or extended supervision, regardless of whether they were required to register as sex offenders. The proposed rule applies the collected sex offender registration fees to partially offset the costs of monitoring registrants.
Third, the legislature increased the maximum annual rate from $50 to $100. The proposed rule increases the annual fee to $100.
Text of Permanent Rule
(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
registrants.
(c) “Registrant" means a person required to register as a sex offender under s.
301.45, Stats.
(3) Fee. The sex offender registration fee shall be $50.00 $100.00 on an annual basis.
(4) Recording of registration fee. (a) Record all registration fees paid by an inmate or offender
a registrant.
(b) Provide the inmate or offender registrant access to a copy of the record of payments to verify receipt of payments.
(c) Advise the inmate or offender registrant of nonpayment of registration fees.
(5) Collection of registration fee. (a) 3. Provide the inmate or offender registrant with a copy of the sex offender registration fee payment procedures.
(b) The inmate or offender registrant shall pay the sex offender registration fee to the department according to the procedures established by the department.
(6) (intro) Department action when an inmate or offender a registrant fails to pay registration fee. The department may use any of the following actions in any order when an inmate or offender a registrant fails to pay the sex offender registration fee:
Initial Regulatory Flexibility Analysis
The Department of Corrections has determined that the rule will not have a significant economic impact on a substantial number of small businesses since the rule does not regulate small businesses as that term is defined in s.
227.114, Stats.
Fiscal Estimate
Summary
The emergency rule and related permanent rule proposal amend the administrative rule relating to the establishment of an annual sex offender registration fee from the current $50/per offender to $100/per offender, allows the Department to extend that fee to sex offenders who are no longer in the Department's custody or supervised by the Department, and allows the Department to use the revenue to pay expenses related to sex offenders who are no longer under the Department's supervision. Revenues will increase $607,500 for 1 year billings, $852,700 for 2nd year billings and $908,100 for 3rd year billings. Expenses will increase $60,600 for staff and mailing costs in FY9, $52500 in FY10 and $53,000 in FY11.
A complete copy of the fiscal estimate is available upon request.
Notice of Hearing
Insurance
Notice is hereby given that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedures set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of a proposed rulemaking order affecting Sections
Ins 6.79 and
8.10, Wis. Adm. Code, relating to advisory councils and committees.
Hearing Information
Date: July 21, 2008
Time: 10:00 a.m., or as soon thereafter as the matter
may be reached
Place: OCI, Room 227, 2nd Floor
125 South Webster Street, Madison, WI
Submission of Written Comments
Written comments can be mailed to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 679
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 679
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53703-3474
Comments can be emailed to:
Julie E. Walsh
The deadline for submitting comments is 4:00 p.m. on the 10th day after the date for the hearing stated in this Notice of Hearing.
Copies of Proposed Rule and Agency Contact Persons
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet Web site at
http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Public Information and Communications, OCI, at:
Phone: (608) 264-8110
Address: 125 South Webster St – 2nd Floor,
Madison WI 53703-3474
Mail: PO Box 7873, Madison, WI 53707-7873
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266-7843 or at email address
eileen.mallow@wisconsin.gov
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Statutes interpreted
Statutory authority
Explanation of agency authority
The OCI is specifically granted authority to create advisory councils and committees and permits the OCI to establish by rule the creation, governance, duties and termination of any council or committee that the commissioner establishes.
Related statutes or rules
The topics addressed by the OCI's committees and councils are not duplicative of other state efforts.
Plain language analysis
The proposed rule implements s.
601.20, Stats., and establishes the structure, governance, duties and termination of councils or committees that the commissioner determines will be of assistance to the Office in carrying out its duty of regulation. The proposed rule repeals s. Ins 8.10, Wis. Adm. Code, as that council no longer functions. Section Ins 6.79, Wis. Adm. Code, is repealed and recreated to more specifically define the structure of advisory councils and committees including duties, meetings, membership, officers and term of the council or committee. Although the listing of specific councils is repealed, the commissioner has continued to utilize councils and committees that focus on topics of life, health and property and casualty insurance issues. The proposed rule provides the structure to continue existing councils and committees and to establish new committees or councils with a focus and composition reflecting the subjects that are being considered by the agency when needed.
Comparison with federal regulations
There is no federal regulation that addresses the content of this rule.
Comparison of rules in adjacent states
Illinois: No similar rule, although the Illinois Department of Financial and Professional Regulation is required to use advisory boards or councils for very specific topics. For example, the Illinois Department is authorized to convene an advisory committee for providing counsel and gathering clinical advice relating to mandated dental care issues. (See., 50 IL Admin Code 5425.40.) However, Illinois does not have a regulation similar to what is being proposed.
Iowa: No similar rules or laws.
Michigan: No similar rules or laws
Minnesota: No similar rules or laws.
Summary of factual data and analytical methodologies
No data analyzed as this addresses the role of advisory councils and committees and not specific regulatory oversight or actions of the Office.
Analysis and supporting documentation used to determine effect on small businesses
The proposed rule is simply to describe the structure of advisory councils or committees, not specific regulatory action so there is no effect on small businesses.
Initial Regulatory Flexibility Analysis
This rule will have no effect on small businesses and does not impose any additional requirements on small businesses.
Fiscal Estimate
State fiscal effect
None
Local fiscal effect
None
