Scope statements
Elections Board
Subject
Sections ElBd 2.05-2.11. Scope of regulated activity: treatment and sufficiency of nomination papers and petitions governed by s.
8.40, Stats., relating to the procedure for circulating nomination papers and petitions and determining their sufficiency; the procedure for challenging nomination papers and petitions; the procedure for responding to challenges to nomination papers and petitions; and the procedure for filing officer review of challenges to nomination papers and petitions.
Policy analysis
Objective of the rule. To amend the Elections Board?s existing rules; to amend the provisions that provide for the nomination paper and petition requirement of residency of the circulator and the standards for determining the sufficiency of nomination papers and petitions with respect to the residency of the circulator.
Description of policies - relevant existing policies, proposed new policies and policy alternatives considered:
Under the existing rules, nomination papers and petitions have to be circulated by residents of the jurisdiction or district in which the paper or petition is circulated.
Under the decision of Judge Barbara Crabb in Frami et al. v. Ponto et al., United States District Court for the Western District of Wisconsin, Case No. 02-C-515-C, the Elections Board is enjoined from enforcing a residency requirement with respect to the circulators of nomination papers. At its May 21, 2003 meeting, the Elections Board adopted a policy extending Judge Crabb's ruling to the evaluation and certification of recall petitions, petitions whose certification will result in a referendum election, and any other petition subject to the provisions of s.
8.40, Stats. To implement Judge Crabb's decision and to extend it to petitions, the Board is required to amend its existing rules governing nomination papers and petitions and governing challenges to those documents.
Statutory authority
Staff time required
8 hours of staff time.
Health and Family Services
Subject
The Department proposes to update a number of its administrative rule chapters to include the requirements of ch.
HFS 12, relating to caregiver background checks, ch.
HFS 13, relating to reporting and investigating caregiver misconduct, and s.
50.065, Stats., relating to criminal history and patient abuse record searches. The affected administrative rules chapters are the following:
HFS 34, relating to emergency mental health service programs;
HFS 40, relating to mental health day treatment services for children;
HFS 61, relating to community mental health and developmental disabilities;
HFS 63, relating to community support programs for chronically mentally ill persons;
HFS 75, relating to community substance abuse service standards;
HFS 82, relating to certified adult family homes;
HFS 83, relating to community based residential facilities;
HFS 88, relating to licensed adult family homes;
HFS 89, relating to residential care apartment complexes;
HFS 124, relating to hospitals;
HFS 127, relating to rural medical centers;
HFS 131, relating to hospices;
HFS 132, relating to nursing homes;
HFS 133, relating to home health agencies; and
HFS 134, relating to serving people with developmental disabilities.
Policy analysis
Section
50.065, Stats., requires that the Department obtain specified background information on any person who has or who seeks licensure, certification, registration, a certificate of approval issued or granted to operate an entity as defined by s.
50.065 (1) (c), Stats., and on any person who is a non-client resident or a prospective non-client resident of an entity. Section
50.065, Stats., also requires that specified entities check the background of caregivers as defined by s.
50.065 (1) (ag) 1 a. and c., Stats. Chapters
HFS 12 and
13, give guidance to entities on contracting for background checks and on determining whether offenses are substantially related to client care, sanctions for violating s.
50.065, Stats., rehabilitation review, reporting and investigation of allegations of caregiver misconduct, and the caregiver misconduct registry.
Many of the above listed administrative rule chapters currently include provisions on background checks or caregiver misconduct investigation and reporting that are either outdated or contain language that is incompatible with s.
50.065 Stats., or chs.
HFS 12 and
13. Consequently, the Department proposes to ensure that the above listed administrative rule chapters at a minimum appropriately include or reference the requirements of s.
50.065, Stats., and chs.
HFS 12 and
13.
Statutory authority
Staff time required
The Department anticipates that about 50 hours of staff time will be required to draft, review and revise, as necessary, the proposed rulemaking order.
Health and Family Services
Subject
The Department proposes to update a number of its administrative rule chapters to include the requirements of ch.
HFS 12, relating to caregiver background checks, and s.
48.685, Stats., relating to criminal history and child abuse record searches. The affected administrative rules chapters are the following:
HFS 38, relating to treatment foster care for children;
HFS 45, relating to family day care centers for children;
HFS 46, relating to group day care centers for children;
HFS 52, relating to residential care centers for children and youth;
HFS 54, relating to child-placing agencies;
HFS 55, relating to day camps for children and day care programs established by school boards;
HFS 56, relating to foster home care for children;
HFS 57, relating to group foster care for children; and
HFS 59, relating to shelter care facilities.
Policy analysis
Section
48.685, Stats., requires that the Department obtain specified background information on any person who has or who seeks licensure to operate an entity as defined by s.
48.685 (1) (b), Stats., and on any person who is a non-client resident or a prospective non-client resident of an entity. Section
48.685, Stats., also requires that specified entities check the background of caregivers as defined by s.
48.685 (1) (ag) 1., Stats. Chapter
HFS 12, gives guidance to entities on contracting for background checks and on determining whether offenses are substantially related to client care, sanctions for violating s.
48.685, Stats., and rehabilitation review.
Many of the above listed administrative rule chapters currently include provisions on background checks that are either outdated or contain language that is incompatible with s.
48.685 Stats., or ch.
HFS 12. Consequently, the Department proposes to ensure that the above listed administrative rule chapters at a minimum appropriately include or reference the requirements of s.
48.685, Stats., and ch.
HFS 12.
Statutory authority
Staff time required
The Department anticipates that about 50 hours of staff time will be required to draft, review and revise, as necessary, the proposed rulemaking order.
