Unless prohibited by law, the director of the department may waive, or may conditionally waive, any requirement in the foster care licensing rules if doing so is in the best interest of the foster care children.
Iowa:
Relatives who are caring for a child may be eligible to receive financial assistance through foster care or a child-only or family grant under the state's Temporary Assistance to Needy Families program. To receive foster care payments, a relative must be licensed as a foster parent.
On a case-by-case basis, the service area manager or area social work administrator may waive any licensing standard unless the requirement is set in state or federal law or the waiver could have a negative impact on the safety and well-being of a child placed in the foster family home.
Analysis used to determine effect on small businesses
The proposed rule will affect private child-placing agencies, but the effect will be minimal.
Small Business Impact
The proposed rule will affect small businesses as defined in s.
227.114 (1), Stats., but will not have a significant economic impact on a substantial number of businesses.
The Department's Small Business Regulatory Coordinator is Elaine Pridgen, (608) 267-9403, elaine.pridgen@ wisconsin.gov.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The rule implements the first two levels of the Graduated Licensing and Levels of Care policy, as directed in
2009 Wisconsin Act 28. This rule establishes the requirements for certification at these two levels of care. A foster home at these two levels is certified based on a number of factors, including the level of knowledge, skill, training and experience of the licensee, the level of responsibilities expected, and the needs of the child. The rule also establishes training requirements for these levels of licensure.
These changes will affect counties and the Department, which operates the child welfare program in Milwaukee County. The fiscal impact of these changes was included in the biennial budget; therefore implementation of these rules is not anticipated to have a fiscal effect.
Additionally, by not implementing the rule, DCF stands to lose a substantial amount of federal revenue. By licensing current court-ordered Kinship Care providers, Act 28 assumes that the Department will be able to claim an additional $6,524,300 in IV-E revenue as a result of the policy. Without the rule, DCF will not be able to require these providers to get certified and will lose the additional revenue assumed in Act 28.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Jonelle Brom
Bureau of Permanence and Out-of-Home Care
Division of Safety and Permanence
Phone: (608) 264-6933
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
(15) (a) and
(i), and
101.123 (6), Stats., the Department of Commerce will hold a public hearing on proposed rules to create Chapter
Comm 6, relating to no smoking.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
April 6, 2010
|
First Floor Conference Room
|
10:00 a.m.
|
Thompson Commerce Center
|
|
201 W. Washington Avenue
|
|
Madison
|
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) 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 possible, be made available upon a request from a person with a disability.
Appearances at Hearing and Submittal of Written Comments
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. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until April 16, 2010, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
Copies of Proposed Rules
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 TDD Relay dial 711 in Wisconsin or (800) 947-3529. Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
Explanation of agency authority
Under the statutes cited, the Department of Commerce has the broad authority to protect the health of employees and frequenters of places of employment and public buildings.
Summary of proposed rules
The proposed rules prohibit smoking in enclosed indoor areas of places of employment and public buildings existing on or after July 1, 2010.
Comparison with federal regulations
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding a general prohibition of smoking in places of employment and public buildings.
Comparison with rules in adjacent states
The following is a comparison of smoking prohibitions enacted in adjacent states.
Illinois:
The Smoke Free Illinois Act, 410 ILCS 82, as of January 1, 2008 prohibits smoking in a public place or in any place of employment or within 15 feet of any entrance to a public place or place of employment.
Iowa:
Effective July 1, 2008, Iowa under the Smokefree Air Act no longer allows smoking in almost all public places and enclosed areas within places of employment, as well as some outdoor areas. The law applies to: restaurants, bars, outdoor entertainment events and amphitheaters. It also covers places of employment such as office buildings, health care facilities, and child care facilities. Smoking is allowed on the gaming floor of a licensed casino, as well as designated hotel and motel rooms.
Michigan:
Michigan has yet to enact a general statewide smoking prohibition.
Minnesota:
As of October 1, 2007 Minnesota under the Clean Indoor Air Act prohibits smoking in bars, restaurants, private clubs such as VFWs and American Legion halls, bowling alleys, country club lounges, lobbies of hotels and motels, public transportation, taxis, home offices where employees work or customers visit, home day cares when children are present, and smaller commercial vehicles carrying more than one person.
Summary of factual data and analytical methodologies
The proposed rules were developed as a result of an analysis of
2009 Wisconsin Act 12. Under the Act, the statutory definitions for “enclosed place" in conjunction with “substantial wall" could be construed to permit smoking in many indoor spaces of public buildings and places of employment that would be inconsistent with the publicized objectives of the Act.
Analysis and supporting documents used to determine the effect on small businesses
The proposed rules implement a statewide smoking ban in enclosed areas of public buildings and places of employment similar to the publicized objectives of
2009 Wisconsin Act 12. The rules would apply to all existing and future public buildings and places of employment. The department does not believe that the proposed rules will increase the effect on small businesses over the publicized objectives of the Act.
An economic impact report has not been required pursuant to s.
227.137, Stats.
Small Business Impact
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
The proposed no smoking rules will apply to enclosed indoor areas of places of employment and public buildings owned or leased by any business.
Reporting, bookkeeping and other procedures required for compliance with the rules.
No reporting, bookkeeping or other procedures are required for compliance with the rules.
Types of professional skills necessary for compliance with the rules.
No types of professional skills are necessary for compliance with the rules.
Rules have a significant economic impact on small businesses?
No.
Small business regulatory coordinator
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.
Environmental Analysis
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.
Fiscal Estimate
State fiscal effect
None.
Local government fiscal effect
None.
Fund sources affected
PRO.
Long-range fiscal implications
None are anticipated.
