Mary Schroeder   Contractor

Kathleen Stadtherr   Building Inspector

William Turner   Supplier

John Vande Castle   Supplier

Mike Wallace     Building Inspector

Paul Welnak     Labor

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 (608) 264-8777 (TTY). Copies will also be available at the public hearing.

Notice is hereby given that 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.

1. Types of small businesses that will be affected by the rules.

The requirements relating to the installation of manufactured homes impact businesses of all sizes. The rules impact a variety of businesses, including small businesses, particularly those businesses that produce, sell, install or inspect manufactured homes.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

The installation of a manufactured home under the UDC program will necessitate acquiring a permit and inspections. In those portions of the state where administration and enforcement of the program is by the Department through contracts with independent inspection agencies, the Department anticipates the permit and inspection fees to be approximately $350 per installation. The application for the permit may be made by the home owner or their designated agent which could be the installer, manufacturer, the dealer or some one else.

3. Types of professional skills necessary for compliance with the rules.

Pursuant to federal law and 2005 Wisconsin Act 45, beginning on January 1, 2007 the installation of manufactured homes must occur under the supervision of licensed installers. The renewal of an installer's license will be contingent upon fulfilling continuing education obligations. The code establishes technical standards that are to be adhered to when installing manufactured homes.

4. Rules have a significant economic impact on small businesses.

Rules were not submitted to Small Business Regulatory Review Board.

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.

The proposed rules establish licensure for installers of manufactured homes and standards for the installation and the installation inspection of manufactured homes. The Department estimates that the number of manufactured home installers to be less than 50. The Department proposes a license fee of $100 with the term of the license lasting 4 years. This would generate an increase of $5,000 in revenues over a 4-year period. The Department would be absorbed within current resources.

The installation and the inspection of the installation of manufactured homes is to be placed under the administration and enforcement of the Uniform Dwelling Code, UDC, chapters Comm 20-25. The Department estimates that there will 3,000 installations annually. The Department would collect an estimated $75,000 annually in seal fee revenue under the UDC program. The consultant and processing workload associated with the manufactured home installation facet of the program would be absorbed by current staff.

Administration and enforcement of the UDC Code typically is handled at the local municipal level with municipal costs offset by permit and/or inspection fees established by each municipality.

The installation of a manufactured home under the UDC program will necessitate acquiring a permit and inspections. In those portions of the state where administration and enforcement of the program is by the Department through contracts with independent inspection agencies, the Department anticipates the permit and inspection fees to be approximately $350 per installation.

The proposed rules and the enabling legislation, 2005 Wisconsin Act 45, are the result of a federal HUD initiative under 24 CFR Part 3285. HUD has indicated that the “costs and cost impacts do not represent a significant economic effect on either an industry wide or per-home basis." (Federal Register/Vol. 70, No. 79/ Tuesday, April 26, 2005 p. 21516)

No long-range fiscal implications are anticipated.

NOTICE IS HEREBY GIVEN that pursuant to sections 227.11 (2) and 301.45 (10), Stats., and interpreting ss. 301.45 (10), Stats., the department of corrections will hold public hearings to consider:

Emergency rule DOC 332.19, relating to the establishment of a sex offender registration fee to partially offset the costs of monitoring persons on probation, parole, or extended supervision; and

Proposed permanent rule DOC 332.19, relating to the establishment of a sex offender registration fee to partially offset the costs of monitoring persons on probation, parole, or extended supervision.

Date & Time   Location

July 18, 2006   Conference Room 116

10:00 a.m.   State Office Building

  819 North 6th Street

  Milwaukee, Wisconsin

July 18, 2006   St. Croix Conference Room-First Floor

2:30 p.m.   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 July 21, 2006. Written comments should be addressed to: Kathryn R. Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, or by email kathryn.anderson@doc.state.wi.us.

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@doc.state.wi.us, telephone (608) 240-5049 by July 7, 2004.

The purpose of the emergency rule is to establish an annual sex offender registration fee to partially offset the costs of monitoring persons who are on probation, parole, or extended supervision. 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 fees while permanent rules are being developed.

Under the authority vested in the Department of Corrections by ss. 227.11 (2) and 301.45 (10), Stats., the Department of Corrections hereby creates rules relating to the establishment of a sex offender registration fee to partially offset the costs of monitoring persons on probation, parole, or extended supervision, as follows:

PLAIN LANGUAGE ANALYSIS:

Statutory authority: s. 227.11 (2) and 301.45 (10), Stats.

Statutes interpreted: s. 301.45(10), Stats.

The rule establishes an annual fee to partially offset the costs of monitoring persons who are on probation, parole, or extended supervision. Generally, the department has interpreted that all individuals who are subject to it supervision whether incarcerated or on probation, parole, or extended supervision, are under its custody. Because of the statutory language which seems to distinguish between those “in custody" and those on probation, parole, or extended supervision, the department has defined the term “custody" and used the terms “offender" and “inmate" to describe the individuals who are subject to this fee. The department has set the annual fee at $50.00. The department also has established procedures for the collection and recording of the registration fee, as well as procedures for the failure of payment by an inmate or offender.

SECTION 1. Section DOC 332.19 is created to read:

DOC 332.19 Sex offender registration fee.

(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.

(2) DEFINITIONS.

(a) “ Custody" means being under the authority of the department as an inmate, a probationer, parolee, or person subject to extended supervision under s. 302.113, Stats.

(b) “Offender" means a person on probation, parole, or extended supervision under s. 302.113, Stats.

(3) FEE. The sex offender registration fee shall be $50.00 on an annual basis.

(4) RECORDING OF REGISTRATION FEE. With reference to the sex offender registration fee under sub. (3), the department shall do the following:

(a) Record all registration fees paid by an inmate or offender.

(b) Provide the inmate or offender access to a copy of the record of payments to verify receipt of payments.

(c) Advise the inmate or offender of nonpayment of registration fees.

(d) Audit the record of payment of registration fees.

(5) COLLECTION OF REGISTRATION FEE. In collecting the sex offender registration fee, all of the following shall occur:

(a) The department shall do the following:

1. Establish a registration fee payment schedule including all of the following:

a. A grace period for the initial registration fee payment.

b. A deadline for payment for each subsequent year of registration.

2. Approve procedures for the collection of registration fees.

3. Provide the inmate or offender with a copy of the sex offender registration fee payment procedures.

4. Credit those moneys collected to the appropriation account under s. 20.410 (1) (gd), Stats.

(b) The inmate or offender shall pay the sex offender registration fee to the department according to the procedures established by the department.

(6) DEPARTMENT ACTION WHEN AN INMATE OR OFFENDER FAILS TO PAY REGISTRATION FEE. The department may use any of the following actions in any order when an inmate or offender fails to pay the sex offender registration 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 electronic monitoring or detention in a jail, correctional facility or house of corrections for those on probation, parole or extended supervision.

(d) Issue a recommendation for revocation of parole, probation or extended supervision for an offender's willful failure to pay the sex offender registration fee.

(e) Any other appropriate means of obtaining the sex offender registration fee.

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.

Paper copies of the rule and the fiscal estimate may be obtained without cost from Kathryn Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, telephone (608) 240-5049, email kathryn.anderson@doc.state.wi.us or by direct link:

http://www.wi-doc.comEmer_RuleDOC332_19.htm. Copies will also be available at the public hearings.

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss. 15.08 (5) (b) and 227.11 (2), Stats., and interpreting s. 457.12 (4), Stats., the Professional Counselor Section of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s. MPSW 11.02, relating to required examinations for licensure as a professional counselor.