Rule-Making Notices
Notice of Hearing
Corrections
NOTICE IS HEREBY GIVEN that pursuant to section
227.11 (2), Stats., and interpreting s.
301.48 (4), Stats., the Department of Corrections will hold public hearings to consider:
•
Emergency rule DOC 332.20, relating to establishing a reimbursement fee to offset the costs of monitoring persons subject to global positioning system tracking or passive positioning system tracking; and
•
Proposed permanent rule DOC 332.20, relating to establishing a reimbursement fee to offset the costs of monitoring persons subject to global positioning system tracking or passive positioning system tracking.
Hearing Information
Date & Time Location
December 11, 2008 Conference Room 116
10:00 a.m. State Office Building
819 North 6th Street
Milwaukee, Wisconsin
December 11, 2008 St. Croix Conference Room —
2:30 p.m. First Floor
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 Friday, December 19, 2008. Written comments should be addressed to: Kathryn R. Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, or by email kathryn.anderson@ wisconsin.gov.
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@ wisconsin.gov, telephone (608) 240-5049 by December 4, 2008.
Under the authority vested in the Department of Corrections by s.
227.11 (2), Stats., the Department of Corrections hereby promulgates an emergency rule relating to establishing a reimbursement fee to offset the costs of monitoring persons subject to global positioning system tracking or passive positioning system tracking.
Finding of Emergency
The department of corrections finds that an emergency exists and that rules included in this order are necessary for the immediate preservation of public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
Under
2005 WI Act 431, section
8, the legislature requires certain persons who have been convicted of a serious child sex offense, who have been found not guilty of a serious child sex offense by reason of mental disease or mental defect, or who are the subject of notification under s.
301.46 (2m) (am), Stats., to be placed on lifetime tracking under a global positioning system (GPS) or a passive positioning system (PPS). The legislature also authorized the department to establish a rule to require persons who are subject to GPS tracking or PPS tracking to pay the cost of tracking.
If the rule is not created promptly and immediately, the department will not be able to collect the fees which are to be used to offset the costs of the tracking program, which could result in a lessening of tracking due to budget limitations.
The purpose of the emergency rule is to require all persons who are subject to tracking to pay the tracking fee which is used to offset the costs of the tracking program. 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 tracking fees while permanent rules are being developed.
Analysis Prepared by Department of Corrections
Statute interpreted
Statutory authority
Explanation of agency authority
Under s.
301.48, Stats., the department of corrections is responsible for the program of tracking by global positioning system or passive positioning system the location of persons who have committed a serious child sex offense.
Plain language analysis
The rule establishes a fee to recover the costs of tracking a person subject to global positioning system (GPS) tracking or passive positioning system (PPS) tracking under §
301.48, Stats., based on the person's ability to pay. The department has established a tracking fee which is based on the gross household monthly income and the person's ability to pay. The fee structure is similar to the one used by the department for assessing monthly supervision fees under §
DOC 328.045, Wis. Adm. Code. Specifically, for persons who have a gross household monthly income of less than $800.00, there is no monthly fee; for persons who have a gross household monthly income from $800.00 to $1,500.99, the monthly fee is $50.00; for persons who have a gross household monthly income from $1,501.00 to $2,400.00, the monthly fee is $120.00; and for persons who have a gross household monthly income greater than $2,400.00, the monthly fee is $240.00.
Persons subject to GPS tracking or PPS tracking are required to produce financial information about their gross household income, including financial institution statements, wage statements, and tax returns. The department will use this financial information to determine the appropriate fee. If a person fails to provide the requested documentation, the department may assess a fee up to and including the full cost of tracking the person.
The department will review the tracking fee determination at least annually. Each time the department performs a review, it may request financial information.
The department has set forth the tracking fee structure in a table which will be published as part of the rule. The department recognizes that the table may need to be revised periodically. In the proposed rule the department will publish adjustments to the table in the Wisconsin Administrative Register if the adjustments constitute less than a ten (10) percent increase. If the increase is ten (10) percent or greater, the department will promulgate an administrative rule to make the necessary adjustments.
The department will establish procedures for notifying persons subject to the tracking fee of the procedures relating to the assessment and collection of fees. The department will record all tracking fees which are paid and provide the person making the payment a record of the payment.
The department has identified methods it can use to collect tracking fees in the case that a person fails to make payments when required to do so. For example, if the person is on probation, parole, or extended supervision, the methods include counseling, wage assignment and steps which might affect the level of supervision. If the person is not on community supervision, the methods include wage assignment, use of a collection agency, and tax refund intercept.
Text of Emergency Rule
DOC 332.20 Tracking fee. (1)
Applicability. A person who is subject to GPS tracking or PPS tracking under s.
301.48, Stats. shall be charged a fee to offset the costs of the tracking, based on the person's ability to pay.
(2) Definitions. In this section:
(a) “Global positioning system tracking" or “GPS tracking" has the meaning given in s.
301.48 (1) (b), Stats.
(b) “Passive positioning system tracking" or “PPS tracking" has the meaning given in s.
301.48 (1) (dm), Stats.
(c) “Tracking cost" means the monthly cost for tracking a person subject to GPS tracking or PPS tracking.
(d) “Tracking fee" means the fee which a person who is subject to either GPS tracking or PPS tracking is required to pay to offset the costs of tracking.
(3) Tracking fee. (a) A person who is subject to either GPS tracking or PPS tracking shall pay the tracking fee in accordance with procedures established by the department.
(b) The department shall set a tracking fee for a person who is subject to either GPS tracking or PPS tracking, based on the person's ability to pay, and shall do all of the following:
1. Determine the person's ability to pay the tracking fee. The department will base the determination on the person's documented monthly gross household income. The department may require the person to produce financial documentation to establish household income, including tax returns, financial institution account statements, and wage information.
a. The department will review the determination of the person's ability to pay the tracking fee at least annually. The department may require production of financial information for each review.
b. If a person fails to provide the requested financial documentation, the department may assess the person a tracking fee up to and including the full tracking cost.
2. Charge a tracking fee in accordance with the following table:
Table DOC 332.20
Income Category
|
Tracking Fee
|
<$800.00
|
$00.00
|
$800.00 - $1500.99
|
$50.00
|
$1501.00 - $2400.00
|
$120.00
|
>$2400.00
|
$240.00
|
a. The department shall publish adjustments to Table DOC 332.20 in the Wisconsin administrative register.
b. If the department proposes to make adjustment to the tracking fee by ten (10) percent or more, the department shall promulgate an administrative rule to make the adjustments. The department will not issue an emergency rule to implement the adjustments under this subsection before providing advance public notice of at least one month.
3. Establish a tracking fee schedule including the following:
a. A grace period for the initial tracking fee payment.
b. A deadline for receipt of each monthly tracking fee payment.
4. Approve procedures for the collection of tracking fees.
5. Provide the person who is required to pay a tracking fee with a copy of the tracking fee payment procedures.
6. Record all costs incurred as part of the tracking cost for monitoring a person on GPS tracking or PPS tracking.
7. Record all tracking fees paid by a person.
8. Provide the person with access to a copy of the record of payments to verify receipt of the payments.
9. Advise the person of nonpayment of tracking fees.
10. Credit the moneys collected to the appropriation account under s.
20.410 (1) (gk), Stats.
11. Audit the record of payments of tracking fees.
(4) Department action when a person on probation, parole, or extended supervision fails to pay tracking fee. The department may use any of the following actions in any order when a person who is required to pay a tracking fee and who is on probation, parole, or extended supervision fails to pay the tracking fee:
(a) Counseling.
(b) Wage assignment.
(c) Review of supervision or custody level to determine if more restrictive sanctions are needed, including an increase in the level of supervision, increase in the security level of custody, or detention in a jail, correctional facility or house of correction.
(d) Issue a recommendation for revocation of parole, probation, or extended supervision for the person's willful failure to pay the tracking fee.
(e) Any other appropriate means of obtaining the tracking fee.
(5) Department action when a person not on probation, parole or extended supervision fails to pay tracking fee. The department may use any of the following actions in any order when a person who is required to pay a tracking fee but who is not on probation, parole, or extended supervision fails to pay the tracking fee:
(a) Wage assignment.
(b) Intercept of the person's Wisconsin income tax refund or Wisconsin lottery winnings.
(c) Submission of the debt to a state contracted collection agency.
(d) Any other appropriate means of obtaining the tracking fee.
Small Business Impact
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
See the Fiscal Estimate in the Permanent Rule portion of this Notice.
The Wisconsin Department of Corrections proposes an order to create s.
DOC 332.20, relating to establishing a reimbursement fee to offset the costs of monitoring persons subject to global positioning system tracking or passive positioning system tracking.
Analysis Prepared by Department of Corrections
Statute interpreted
Statutory authority
Explanation of agency authority
Under s.
301.48, Stats., the department of corrections is responsible for the program of tracking by global positioning system or passive positioning system the location of persons who have committed a serious child sex offense.
Plain language analysis
The rule establishes a fee to recover the costs of tracking a person subject to global positioning system (GPS) tracking or passive positioning system (PPS) tracking under §
301.48, Stats., based on the person's ability to pay. The department has established a tracking fee which is based on the gross household monthly income and the person's ability to pay. The fee structure is similar to the one used by the department for assessing monthly supervision fees under §
DOC 328.045, Wis. Adm. Code. Specifically, for persons who have a gross household monthly income of less than $800.00, there is no monthly fee; for persons who have a gross household monthly income from $800.00 to $1,500.99, the monthly fee is $50.00; for persons who have a gross household monthly income from $1,501.00 to $2,400.00, the monthly fee is $120.00; and for persons who have a gross household monthly income greater than $2,400.00, the monthly fee is $240.00.
Persons subject to GPS tracking or PPS tracking are required to produce financial information about their gross household income, including financial institution statements, wage statements, and tax returns. The department will use this financial information to determine the appropriate fee. If a person fails to provide the requested documentation, the department may assess a fee up to and including the full cost of tracking the person.
The department will review the tracking fee determination at least annually. Each time the department performs a review, it may request financial information.
The department has set forth the tracking fee structure in a table which will be published as part of the rule. The department recognizes that the table may need to be revised periodically. In the proposed rule the department will publish adjustments to the table in the Wisconsin Administrative Register if the adjustments constitute less than a ten (10) percent increase. If the increase is ten (10) percent or greater, the department will promulgate an administrative rule to make the necessary adjustments.
The department will establish procedures for notifying persons subject to the tracking fee of the procedures relating to the assessment and collection of fees. The department will record all tracking fees which are paid and provide the person making the payment a record of the payment.
The department has identified methods it can use to collect tracking fees in the case that a person fails to make payments when required to do so. For example, if the person is on probation, parole, or extended supervision, the methods include counseling, wage assignment and steps which might affect the level of supervision. If the person is not on community supervision, the methods include wage assignment, use of a collection agency, and tax refund intercept.
Comparison with federal regulations
Under 42 USC § 16981 the US Department of Justice may award grants to states, local governments, and Indian tribal government to establish a GPS monitoring program for sex offenders. There are no federal regulations which address the issue of assessing a fee for the costs of electronic monitoring or global positioning system tracking.
Comparison with rules in adjacent states
Illinois:
Illinois State law sections 730 ILCS 5/5-6-3.1 (persons on community supervision), 730 ILCS 5/5-7-1 (persons subject to periodic imprisonment), and 725 ILCS 207/40 (Sexually Violent Persons Commitment Act) provide for the Chief Judge of the county where the person was convicted or committed to assess reasonable fees for all costs incidental to electronic monitoring in accordance with the person's ability to pay. The fees are paid to the county clerk to defray the costs of the monitoring program. There are no state administrative regulations which address this issue.
Iowa:
Iowa does not have either statutory or regulation provisions assessing a fee for electronic monitoring or global positioning system tracking of sex offenders.
Michigan:
Under MCLA 791.285, Michigan statutes establish a lifetime electronic monitoring program for certain offenders. Under MCLA 791.285 (2), an individual who receives a sentence which includes lifetime electronic monitoring is required to reimburse the State of Michigan for the costs related to the program. The MI Department of Corrections has not developed rules concerning the lifetime electronic monitoring program.
Minnesota:
Under MSA §
631.425 subd. 4, Minnesota statutes provide that a sheriff may assess the cost of electronic monitoring when an offender is released for work. There is not a similar statute for the electronic monitoring of sex offenders.
Summary of factual data and analytical methodologies
This rule does not affect small businesses. The rule imposes a fee on persons whom the Department monitors under GPS tracking or PPS tracking.
Small Business Impact
The department does not anticipate any effect on small businesses.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
This rule establishes a fee to partially offset the costs of monitoring global positioning system [GPS] tracking for the lifetime of an offender.
Certain sex offenders as defined in s.
301.48 (2), Wis. Stats., are required to be placed on mandatory lifetime GPS. Additionally, persons who commit a serious child sex offense as defined in s.
301.48 (1) (e), or a person under supervision under the interstate corrections compact for a serious child sex offense committed outside Wisconsin, may be subject to lifetime GPS depending upon the findings of a standardized risk assessment instrument.
The Department currently contracts with a vendor to provide and install GPS equipment worn by each offender. The vendor also provides automated alerts to the Department when an offender violates a personally assigned exclusion zone or leaves a personally assigned inclusion zone. The Department is charged $7.99 per day per GPS unit.
The Department has established an offender fee schedule to recoup a portion of the costs the Department pays the vendor. If an offender's gross household income is below $800 per month, the offender will not be charged any portion of the $7.99/day GPS equipment costs. If the income level is between $800 and $1,500 per month, the offender will be charged $50 per month; between $1,502 and $2,400 per month incurs a $120 fee and over $2,400 totals the full $240 per month cost.
The Department currently estimates there will be 331 offenders on GPS by June 30, 2009. Probation and Parole agents will determine the offender's monthly income if the offender is being actively supervised in local communities. If the offender has been terminated from supervision yet is still required to be on lifetime GPS, the monthly income will be determined by the Department's business offices.
Automated monthly invoices will be sent to each offender. In addition, if a payment is received during a month, a receipt will be sent to each offender monthly.
During FY09 equipment costs are expected to be approximately $611,800. Given the Department's income schedule shown above, and the Department's historical collection rates, the Department anticipates recouping approximately $30,600 in revenues during the first fiscal year. Revenues and costs will continue to grow incrementally thereafter.
The Department has incurred one-time costs to create the automated billing system to track these payments. Those costs totaled approximately $69,000.
State fiscal effect
Increase existing revenues. Increase in costs may be possible to absorb within agency's budget.
Local government fiscal effect
None
Fund sources affected
PRO
Affected Chapter
20 appropriations
Contact Person
Kathryn R. Anderson, Chief Legal Counsel, Department of Corrections, 3099 East Washington Avenue, P.O. Box 7925, Madison, WI 53707-7925, telephone: (608) 240-5049, FAX: (608) 240-3306, email: kathryn.anderson@ wisconsin.gov
Text of Proposed Rule
DOC 332.20 Tracking fee. (1)
Applicability. A person who is subject to GPS tracking or PPS tracking under s.
301.48, Stats. shall be charged a fee to offset the costs of the tracking, based on the person's ability to pay.
(2) Definitions. In this section:
(a) “Global positioning system tracking" or “GPS tracking" has the meaning given in s.
301.48 (1) (b), Stats.
(b) “Passive positioning system tracking" or “PPS tracking" has the meaning given in s.
301.48 (1) (dm), Stats.
(c) “Tracking cost" means the monthly cost for tracking a person subject to GPS tracking or PPS tracking.
(d) “Tracking fee" means the fee which a person who is subject to either GPS tracking or PPS tracking is required to pay to offset the costs of tracking.
(3) Tracking fee. (a) A person who is subject to either GPS tracking or PPS tracking shall pay the tracking fee in accordance with procedures established by the department.
(b) The department shall set a tracking fee for a person who is subject to either GPS tracking or PPS tracking, based on the person's ability to pay, and shall do all of the following:
1. Determine the person's ability to pay the tracking fee. The department will base the determination on the person's documented monthly gross household income. The department may require the person to produce financial documentation to establish household income, including tax returns, financial institution account statements, and wage information.
a. The department will review the determination of the person's ability to pay the tracking fee at least annually. The department may require production of financial information for each review.
b. If a person fails to provide the requested financial documentation, the department may assess the person a tracking fee up to and including the full tracking cost.
2. Charge a tracking fee in accordance with the following table:
Table DOC 332.20
Income Category
|
Tracking Fee
|
<$800.00
|
$00.00
|
$800.00 - $1500.99
|
$50.00
|
$1501.00 - $2400.00
|
$120.00
|
>$2400.00
|
$240.00
|
a. The department shall publish adjustments to Table DOC 332.20 in the Wisconsin administrative register.
b. If the department proposes to make adjustment to the tracking fee by ten (10) percent or more, the department shall promulgate an administrative rule to make the adjustments. The department will not issue an emergency rule to implement the adjustments under this subsection before providing advance public notice of at least one month.
3. Establish a tracking fee schedule including the following:
a. A grace period for the initial tracking fee payment.
b. A deadline for receipt of each monthly tracking fee payment.
4. Approve procedures for the collection of tracking fees.
5. Provide the person who is required to pay a tracking fee with a copy of the tracking fee payment procedures.
6. Record all costs incurred as part of the tracking cost for monitoring a person on GPS tracking or PPS tracking.
7. Record all tracking fees paid by a person.
8. Provide the person with access to a copy of the record of payments to verify receipt of the payments.
9. Advise the person of nonpayment of tracking fees.
10. Credit the moneys collected to the appropriation account under s.
20.410 (1) (gk), Stats.
11. Audit the record of payments of tracking fees.
(4) Department action when a person on probation, parole, or extended supervision fails to pay tracking fee. The department may use any of the following actions in any order when a person who is required to pay a tracking fee and who is on probation, parole, or extended supervision fails to pay the tracking fee:
(a) Counseling.
(b) Wage assignment.
(c) Review of supervision or custody level to determine if more restrictive sanctions are needed, including an increase in the level of supervision, increase in the security level of custody, or detention in a jail, correctional facility or house of correction.
(d) Issue a recommendation for revocation of parole, probation, or extended supervision for the person's willful failure to pay the tracking fee.
(e) Any other appropriate means of obtaining the tracking fee.
(5) Department action when a person not on probation, parole or extended supervision fails to pay tracking fee. The department may use any of the following actions in any order when a person who is required to pay a tracking fee but who is not on probation, parole, or extended supervision fails to pay the tracking fee:
(a) Wage assignment.
(b) Intercept of the person's Wisconsin income tax refund or Wisconsin lottery winnings.
(c) Submission of the debt to a state contracted collection agency.
(d) Any other appropriate means of obtaining the tracking fee.
Notice of Hearing
Health Services
NOTICE IS HEREBY GIVEN that pursuant to sections
256.15 (9m) and
(13) and
227.11 (2), Stats., Stats., and interpreting sections
256.15 (9m) and
227.11 (2), Stats., Stats., the Wisconsin Department of Health Services will hold a public hearing on its emergency rules and corresponding proposed permanent rules creating Chapter
HFS 119, relating to requiring emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians and first responders to complete training on the use of automated external defibrillators and to specify the content of the training, qualifications of providers, and frequency with which training is to be completed, and affecting small businesses.
Hearing Information
Date and Time
|
Location
|
December 11, 2008
1:00 to 2:00 PM
|
Department of Health Services
1 W. Wilson Street
Room B141
Madison, WI 53701
|
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Submission of Written Comments
Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov.
The deadline for submitting comments to the Department is 4:30 p.m. on December 11, 2008.
Analysis Prepared By the Department of Health Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
256.15 (13) (a) Stats., permits the department to promulgate rules necessary to administer s.
256.15 relating to licensing, certifying and training emergency medical services personnel.
Section
256.15 (9m), Stats., requires the department to promulgate rules that require emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians and first responders to complete training on the use of automated external defibrillators. Section
256.15 (9m), Stats., also requires the department to specify, in rules, the content of the training, qualifications of providers, and frequency with which training is to be completed.
Section
227.11 (2), Stats., provides state agencies with general rulemaking authority.
Related statute or rule
Section 256.15 (6g), Stats., and chs. HFS 110, 111, 112, and 113 (soon to be renumbered DHS 110, 111, 112, and 113).
Plain language analysis
Section
256.15 (9m), Stats., requires the department to promulgate rules that require emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians and first responders to complete training on the use of automated external defibrillators. Section
256.15 (9m), Stats., also requires the department to specify, in rules, the content of the training, qualifications of providers, and frequency with which training is to be completed.
Emergency medical services professionals already generally receive instruction on the use of automated external defibrillators as part of their standard training and certification. The requirements, however, are not in administrative rules.
Comparison with federal regulations
There appear to be no existing or proposed federal regulations that address the activities to be regulated under the proposed rules.
Comparison with rules in adjacent states
Iowa:
Iowa, under 131 IAC, requires emergency medical services personnel to maintain current written recognition given for training and successful course completion of CPR which includes training on the use of an AED.
Illinois:
Illinois, under 77 Ill. Adm. Code 525.300 and 525.400, requires the department of public health to approve courses that meet the course objectives for the American Heart Association or the American Red Cross courses and that require at least the same number of hours for completion. To be recognized as an AED user in Illinois the code requires an individual to be trained as an instructor in the use of AEDs, or be licensed to practice medicine in all its branches under Illinois statute. These requirements are comparable to the requirements under this rule where training in the use of an AED is to be provided by the American Heart Association, American Red Cross, and other organizations who have similar training objectives, except that the proposed rule does not require emergency medical professionals to be trained as instructors, or be licensed to practice medicine.
Michigan:
Michigan, under Mich. Adm. Code R. 325, requires emergency medical services personnel to have a department of community health-approved cardiac pulmonary resuscitation (CPR) program for a health care provider or highest equivalent level of training. This rule is similar to the training approved and required for emergency medical professional under the proposed rule. The training required under the proposed rule is at the professional level of training which is intended for persons in the health care field.
Minnesota:
Minnesota does not have administrative rules that are similar to the proposed rules.
Summary of factual data and analytical methodologies
Emergency medical services professionals are already required by the department to receive instruction on the use of AEDs as part of their standard training for licensure and certification. The requirements, however, are not in administrative rules. Section
256.15 (9m), Stats., requires the department to promulgate rules that require emergency medical technicians, first responders, and individuals who provide instruction to emergency medical technicians and first responders to complete training on the use of automated external defibrillators. Section
256.15 (9m), Stats., also requires the department to specify, in rules, the content of the training, qualifications of providers, and frequency with which training is to be completed.
Small Business Impact
The fiscal effect of the proposed rules on private and public sector ambulance service providers who employ emergency medical services professionals should be minimal, as the emergency medical professionals and instructors are already required by the department to receive the instruction required under s.
256.15 (9m), Stats. However, the fiscal effect may vary and depends on whether the provider or the individual pays for the course. Instruction on the use of AEDs is generally taught in a course that combines CPR and AED training. The cost of a certification course at one of the approved providers, e.g. the American Heart Association, American Red Cross, American Safety and Health Institute, American Academy of Orthopedic Surgeons, and Medic First Aid is approximately $50. Instruction is required at least every two years under the proposed rule.
Small business regulatory coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
The fiscal effect of the proposed rule on the department
is expected to be minimal. The fiscal effect of the proposed rules on private and public sector ambulance service providers who employ emergency medical services professionals should also be minimal, as the emergency medical professionals and instructors are already required by the department to receive the instruction required under s.
256.15 (9m), Stats. However, the fiscal effect is varied and depends on whether the provider or the individual pays for the course. Instruction on the use of AEDs is generally taught in a course that combines CPR and AED training. The cost of a certification course at one of the approved providers, e.g. the American Heart Association, American Red Cross, American Safety and Health Institute, American Academy of Orthopedic Surgeons, and Medic First Aid is approximately $50.
Copies of Proposed Rules and Fiscal Estimate
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at http://adminrules. wisconsin.gov or from the department by contacting the person listed below.
Contact Person
Brian D. Litza, EMS Section Chief
1 W. Wilson St., Room 133
Madison, WI 53701
(608) 261-6870
Notice of Hearing
Military Affairs —
Wisconsin Emergency Management
NOTICE IS HEREBY GIVEN that pursuant to authority vested in Wisconsin Emergency Management and State Emergency Response Commission in ss.
227.17 and
227.18, Stats., Wisconsin Emergency Management will hold public hearings to consider an order adopting emergency rules and a permanent rule to amend ss.
WEM 1.03 and
1.04 (7) (a) to
(j) in order to establish fee revisions to facilities housing hazardous chemicals, hazardous substances and extremely hazardous substances as defined in s.
WEM 1.02 (5).
Hearing Information
The first hearing will be held:
Date: Thursday, December 18, 2008
Time: 9:30 a.m.
Location: Wisconsin Emergency Management
2400 Wright St.
Witmer Hall
Madison, WI 53704
The second hearing will be held:
Date: Friday, December 19, 2008
Time: 1:00 p.m.
Location: University of Wisconsin - Marathon County
Conference Room # 5
212 River Drive
Wausau, WI. 54403-5476
(For directions go to
www.marathon.uwex.edu)
The hearings will be held in handicapped accessible facilities. If you are in need of accommodations that may simplify your efforts to hear, see and access the facility, please contact Sharon Edwards-Billings at (608) 242-3224 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 available upon a request from persons with physical challenges.
Submission of Written Comments
Comments may be submitted to Sharon Edwards-Billings, EPCRA Planning Specialist, Wisconsin Emergency Management; 2400 Wright Street, Room 213, P.O. Box 7865, Madison, WI 53708-7865. Telephone: (608) 242-3224. Email:
sharon.edwardsbillings@wisconsin.gov.
Comments must be received on or before December 18, 2008 to be included in the record of rule-making proceedings.
Relating to a fee change for facilities storing hazardous materials and extremely hazardous substances under the emergency planning & community right-to-know act (EPCRA)
Finding Of Emergency
The Wisconsin Division of Emergency Management (WEM)/State Emergency Response Commission finds that an emergency exists and that a rule revision is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of facts constituting an emergency is as follows:
Emergency response to and planning for accidental or purposeful releases of dangerous chemicals will be compromised by a significant reduction of money available to fund emergency management activities at the county level. County emergency management agencies will be unable to fully comply with state and federal laws. Wisconsin Emergency Management would also experience substantial reductions in capabilities to assist local units of government with their state and federally required responsibilities. Sufficient funding of the county grant program and WEM activities is necessary to protect and defend the citizens of Wisconsin from accidental releases and releases caused by terrorist actions.
Analysis Prepared by Wisconsin Emergency Management
Statutes interpreted
Sections
166.20 generally, 166.20 (5), 166.20 (7), and 166.21, Stats.
Statutory authority
Sections
166.20 generally, 166.20 (5), and 166.20 (7), Stats.
Plain language summary
The proposal to amend WEM 1.03 and WEM 1.04 (7) (a) through (j) would establish fee revisions to facilities housing hazardous chemicals, hazardous substances and extremely hazardous substances as defined in WEM 1.02 (5).
Facilities and certain small businesses which have 10 or more full-time employees and store hazardous materials, hazardous substances and extremely hazardous substances are assessed a fee based on the types and numbers of chemicals present. Fees have not increased since the initial implementation of the fee structure in 1990.
Wisconsin Emergency Management has been successful in stretching dwindle dollars over the years but projections indicate that a change in fees is necessary to avoid substantial reductions of services at the county and state levels of emergency management.
The fees collected fund the grant program which assists county emergency management with planning, response, exercising and training activities as they relate to accidental or purposeful release of hazardous materials, hazardous substances or extremely hazardous substances.
The fees collected fund planning, response, exercise and training activities by the state which supports county emergency management activities.
The changes in this emergency rule will fund the program at the present level for one year to ensure that citizens are protected from the affects of accidental or purposeful release of chemicals at the present level. The permanent rule is being drafted.
SECTION 1. WEM 1.03 is amended to read:
WEM 1.03 An owner or operator who has made an emergency planning notification required under 166.20 (5) (a) 1., Stats., shall submit a fee of $800 per facility no later than 2 months after February 1, 1990. Except as provided under as provided under s.
WEM 1.06, an owner or operator shall submit a fee of $
800945 per facility with the emergency planning notification required under s.
166.20 (5) (a) 1., Stats. The planning notification fee statement shall be submitted one time to the division.
SECTION 2. WEM 1.04 (7) (a) through (j) is amended to read:
(7) Except as provided under s.
WEM 1.07, the appropriate inventory form fee required under this section is:
(a) For facilities submitting an inventory form listing one hazardous chemical subject to inventory form fee calculations and a maximum daily amount of less than 100,000 pounds, $150180. Facilities with an actual maximum daily amount of 100,000 or more, $180210
(b) For facilities submitting an inventory form listing 2 to 10 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $300355. Facilities with an actual maximum daily amount of 100,000 or more, $360
425.
(c) For facilities submitting an inventory form listing 11 to 100 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $450530. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $540635.
(d) For facilities submitting an inventory form listing 101 to 200 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $550650. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $660780.
(e) For facilities submitting an inventory form listing 201 to 300 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $650765. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $780920.
(f)
For facilities submitting an inventory form listing 301 to 400 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $750885. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $9001060.
(g) For facilities submitting an inventory form listing 401 to 500 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $8501005 Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $10201205.
(h) For facilities submitting an inventory form listing over 500 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $9501120. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $11401345.
(i) For temporary construction facilities, $2024.
(j) For batch plants, $2024.
Note: Facilities that have submitted Tier II and Inventory Fee Statements in 2008 for chemicals in 2007 will receive preprinted forms in the mail on or about January 1, 2009. These forms can also be obtained through the Wisconsin Emergency Management website at
emergency management@wisconsin.gov or call 608-242-3221.
The Wisconsin Division of Emergency Management proposes an order to amend WEM 1.03 and WEM 1.04 relating to fees.
Analysis Prepared by Wisconsin Emergency Management
Statutes interpreted
Sections
166.20 generally, 166.20 (5), 166.20 (7), and 166.21 Stats.
Statutory authority
Sections
166.20 generally, 166.20(5), and 166.20(7) Stats.
Explanation of agency authority
The Department of Military Affairs, through its Division of Emergency Management (WEM)/State Emergency Response Commission, is required under s.
166.20 (7), Stats. to promulgate and adopt rules establishing a one-time fee when a facility makes the planning notification requirement under s.
166.20 (7) (a) 1. The Division of Emergency Management is also required under s.
166.20 (7) to promulgate and adopt rules establishing an annual inventory fee when a facility submits the emergency and hazardous chemical inventory forms required under s.
166.20 (5) (a) (3).
Related rule or statute
There are no other related statutes or rules other than those listed above.
Plain language analysis
The proposal to amend WEM 1.03 and WEM 1.04 (7) (a) through (j) would establish fee revisions to facilities housing hazardous chemicals and extremely hazardous substances as defined in WEM 1.02 (5).
The federal government created and adopted the Emergency Planning and Community Right-to-Know Act (EPCRA) 22 years ago and required states to participate with emergency planning, response, exercising and training. Since Wisconsin is a home rule state, the responsibility to plan for chemical emergencies falls to local units of government/Local Emergency Planning Committees (LEPCs). To alleviate the burden of another unfunded mandate to local government, the legislature implemented a fee collection program to facilities which store hazardous materials and extremely hazardous substances. WEM was instructed by the legislation to implement a fee structure in order to fund the program. The current fee structure was implemented in 1990 and has not been modified since its inception. The fees collected are designated to fund the grant program to counties/LEPCs and a small portion is designated to WEM to fund programs designed to assist local units of government.
Emergency planning needs have evolved and become more complex since the initial implementation of EPCRA. Planning for and emergency response to accidental and purposeful releases of dangerous chemicals will be compromised by a significant reduction of money available to fund activities at the county level of emergency management. County emergency management agencies will be unable to protect citizens and to fully comply with state and federal laws if adequate funds are not available to counties to support the grant program. Wisconsin Emergency Management would also experience substantial reductions in capabilities to assist local units of government.
Facilities and certain small businesses which have 10 or more full-time employees and submit emergency planning notification when the threshold planning quantity of an extremely hazardous substance is present must submit a one-time fee. Facilities and certain small businesses which have 10 or more full-time employees and store hazardous chemicals must submit an annual fee based on the types and numbers of chemicals present.
Wisconsin Emergency Management (WEM) has been successful in stretching dwindle dollars over the years but projections indicate that a change in fees is necessary to avoid substantial reductions of services at county and state levels of emergency management.
The fees assessed to facilities would increase by 35%. Fees have not increased since the initial implementation of the fee structure in 1990. It is anticipated that the fee revision will fund the program for through the year 2014
Comparison with rules in adjacent states
Illinois:
Does not have a fee assessed to facilities.
Iowa:
Does not have a fee assessed to facilities.
Michigan:
Does not have a fee assessed to facilities.
Minnesota:
The EPCRA Program collects fees related to hazardous materials storage and release. The fees are used to prepare communities for emergencies that are the result of hazardous materials incidents/accidents.
A. The hazardous Chemical Inventory Fee
1. Facilities reporting the storage of hazardous materials under Section 312 of the federal EPCRA law are required to pay a fee based on the number of chemicals they store. Fees range from $25.00 to $1,000.00 within 3 categorical fee ranges.
B.
The Hazardous Materials Incident Response Act Fee
1.
Minnesota law authorizes the establishment of up to five Regional Hazardous Materials Response Teams and creates fee structure to support these teams.
a. Facilities that report the storage of an extremely hazardous substance (EHS) under Section 302 of the federal EPCRA law are required to pay a fixed annual fee of $75.00 per facility
b. Facilities that report releases and/or transfers under Section 313 of the federal EPCRA law are required to pay an annual fee based on the amount released and transferred. These fees range from $200.00 to $800.00 in 3 categorical fee ranges.
Summary of factual data and analytical methodologies
WEM performed numerous fiscal analogies to determine the best course of action to keep the county grant program and state services to counties operating at a level consistent with changing and diverse needs. Several options were developed to cope with the fact that the fund would be depleted if changes were not implemented:
•
Increase EPCRA fees at a specified percentage. This would fund the program to meet local and state needs.
•
Increase the Petroleum Environmental Cleanup Fund Act (PECFA) transfer to the EPCRA fund. Additional funding, such as the state disaster fund has been taken out of PECFA, and currently the fund may not have sufficient money.
•
Increase the EPCRA fees and the PECFA transfer. This would have the benefit of reducing the overall increase in EPCRA fees and the PECFA transfer. However, if the PECFA fund does not have a surplus, then it would not be a viable option.
•
Obtain additional funding from another source. At this time no other viable funding source has been identified.
After reviewing the options, it was determined that a 35% increase in facility reporting fees and the emergency planning fee was the appropriate option to increase funding in the grant allocation to counties and WEM expenditure levels to take into account increases to the cost of living. Operating costs for both the counties and state have been increasing with no increase to the allocation since 1990. This option will increase support at a level that should keep the fund solvent through 2014.
Small Business Impact
Facilities with 10 or more employees would experience a fee change. Under s.
166.20 (7) (d), Stats., facilities with fewer than the equivalent of 10 full-time employees are exempt from inventory fees and the one-time emergency planning fee.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rule:
Reporting, bookkeeping and other procedures required for compliance with the rule:
No new reporting, bookkeeping and other procedures are required for compliance with the rule.
Types of professional skills
No new professional skills are necessary for compliance with the rule.
Rules have a significant impact on small business?
No. Most small businesses with 10 or more employees are now paying the minimum annual inventory fee of $150.00 and will see that increase by 35% annually. Small businesses with 10 or more employees who must submit the one-time planning notification will expect an increase in the fee of 35%.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The emergency rule will increase fees by eighteen percent for one year until the permanent rule goes into effect.
The increase will support local and state programs at the present rate.
State fiscal effect
Increase to existing revenues.
Increase to existing appropriation.
Local government fiscal effect
No local government costs.
Fund sources affected
PRO
Affected Chapter
20 appropriations
Long-range fiscal implications
None.
Agency Contact Person
William Clare, Planning Section Supervisor
Wisconsin Emergency Management
2400 Wright Street, Room 213
P.O. Box 7865
Madison, WI 53708-7865
Telephone: (608) 242-3220
Text of Proposed Rule
SECTION 1. WEM 1.03 is amended to read:
WEM 1.03 An owner or operator who has made an emergency planning notification required under 166.20 (5) (a) 1, Stats., shall submit a fee of $
8001080 per facility no later than 2 months after February 1, 1990. Except as provided under as provided under s.
WEM 1.06, an owner or operator shall submit a fee of $
8001080 per facility with the emergency planning notification required under s.
166.20 (5) (a) 1., Stats. The planning notification fee statement shall be submitted one time to the division.
SECTION 2. WEM 1.04 (7) (a) through (j) is amended to read:
(7) Except as provided under s.
WEM 1.07, the appropriate inventory form fee required under this section is:
(a) For facilities submitting an inventory form listing one hazardous chemical subject to inventory form fee calculations and a maximum daily amount of less than 100,000 pounds, $150205. Facilities with an actual maximum daily amount of 100,000 or more, $180245.
(b) For facilities submitting an inventory form listing 2 to 10 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $300405. Facilities with an actual maximum daily amount of 100,000 or more, $360
485.
(c) For facilities submitting an inventory form listing 11 to 100 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $450610. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $540730.
(d) For facilities submitting an inventory form listing 101 to 200 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $550745. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $660890.
(e) For facilities submitting an inventory form listing 201 to 300 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $650880. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $7801055.
(f) For facilities submitting an inventory form listing 301 to 400 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $7501015. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $9001215.
(g) For facilities submitting an inventory form listing 401 to 500 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $8501150. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $10201375.
(h) For facilities submitting an inventory form listing over 500 hazardous chemicals subject to inventory form fee calculations and a cumulative actual maximum daily amount of less than 100,000 pounds, $9501285. Facilities with a cumulative actual maximum daily amount of 100,000 pounds or more, $11401540.
(i) For temporary construction facilities, $2027.
(j) For batch plants, $2027.
Note: Facilities that have submitted Tier II and Inventory Fee Statements in 2009 for chemicals in 2008 will receive preprinted forms in the mail on or about January 1, 2010. These forms can also be obtained through the Wisconsin Emergency Management website at
emergency management@wisconsin.gov or call 608-242-3221.
