Phone 266-0136; (elections.state.wi.us)

Deadline for submission: June 4, 2007.

Pursuant to the authority vested in the State of Wisconsin Elections Board by ss. 5.05 (1) (f) and 227.11 (2) (a), Stats., the Elections Board hereby creates s. ElBd 3.50, and interprets ss. 5.02 (14) and (17), 6.27, 6.275, 6.29, 6.33, 6.34, 6.35, 6.36, 6.40, 6.45, 6.46, 6.48, 6.50, 6.54, 6.55, 6.56, and 6.57, Stats.:

SECTION 1. ElBd 3.50 is created to read:

ElBd 3.50 Charges for voter registration data.

(1) Definitions. As used in this rule:

(a) “Custom report" means a report that is not programmed to run in the Statewide Voter Registration System at the time a request for the report is made.

(b) “Election official" has the same meaning as provided in s. 5.02 (4e), Stats.

(c) “Official registration list" has the same meaning as provided in s. 6.36, Stats.

(d) “Protected information" means any information that is protected from general public disclosure by ss. 6.36 (1) (b) 1. a., and 6.47, Stats.

(e) “Report" means a defined list of related voter registration data records generated from the Statewide Voter Registration System.

(f) “Voter Registration Data" means data contained in the official registration list.

(g) “Voter Registration Data Record" means a set of related information requested from the official registration list which consists of a core data element and related attributes. A core data element is the basic unit of data that is being requested, including, but not limited to, a voter name, candidate, election official, or address. The related attributes consist of pieces of data associated with that core data element.

(2) The official registration list shall be open to public inspection consistent with the requirements of ss. 6.36, 6.45 through 6.47, and ss. 19.31 through 19.36, Stats.

(3) Any person may obtain, from the official registration list, voter registration data that is not protected information, upon payment of the applicable charges.

(4) The charge for reports in electronic format is a $25 base fee per report plus $5 for the first 1,000 voter registration data records in the report, plus $5 for each additional 1,000 voter registration data records, rounded to the nearest thousand. The maximum charge for an electronic report is $12,500.

(5) The charge for a paper copy of a report is $.25 per page, plus the cost of postage and shipping.

(6) Any request for a report or custom report submitted to the State Elections Board shall either be made in writing by the requester or shall be reduced to writing by the board's staff. Any request by the board for payment in advance for the report requested shall include a copy of the report request in writing as submitted by the requester or as memorialized by the board's staff.

(7) Any person may request a copy of the poll list used at an election from the municipal or county clerk who has custody of the list. The cost of a copy of a poll list provided by a municipal or county clerk shall be a fee determined by that clerk not to exceed the cost of reproduction.

(8) The state elections board, its staff, and each municipal or county election official shall take steps to ensure that any protected information contained in the Statewide Voter Registration System, or on a poll list, is not made available for public inspection.

(9) If a request for voter registration data requires a custom report, and the elections board staff determines that it can produce the report, the cost of producing the custom report charged to the requester shall be calculated by the board's staff on a case-by-case basis and shall include, in addition to the costs articulated in subs. (4) or (5), including any applicable costs of handling and mailing, costs of reproduction, including programming costs; and the costs of maintenance of the SVRS as authorized by s. 6.36 (6), Stats. Requests fulfilled under this subsection are not subject to the maximum charge limitations in subs. (4) and (5).

(10) The fees received from requests for voter registration data will remain with the municipality, county, or the State Election Board, whoever produces and provides the report.

The creation of this rule does not affect business.

The creation of this rule has no fiscal effect.

NOTICE IS HEREBY GIVEN that pursuant to ss. 50.02 (2) (ad) and 227.11 (2) (a), Stats., and interpreting ss. 50.02 (2) (ad) and 55.14, Stats., the Wisconsin Department of Health and Family Services proposes to repeal and recreate HFS 83.04 (50) and to create HFS 83.04 (33m) and (49m); HFS 83.07 (7m) and Note; HFS 88.02 (14m), (27g), and (27r); HFS 88.03 (4) (c) and Note; HFS 89.13 (17m), (25g), (25r); HFS 89.53 (4) (c) and Note; HFS 132.13 (10m), (25g), (25r); HFS 132.14 (9) and Note; HFS 134.13 (18m), (38g), and (38r); and HFS 134.14 (5r) and Note, rules relating to facility reporting of involuntary administration of psychotropic medication under s. 55.14, Stats., and affecting small businesses

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.

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 June 20, 2007.

Nursing homes; facilities for the developmentally disabled; community-based residential facilities; adult family homes; and residential care apartment complexes are required to comply with s. 55.14, Stats., relating to involuntary administration of psychotropic medication to an individual pursuant to court ordered protective services.

Section 50.02 (2) (ad), Stats., requires the Department to promulgate rules that require these facilities to provide, to the Department, information necessary to determine the facilities' compliance with s. 55.14, Stats.

The Department proposes to revise chs. HFS 83, 88, 89, 132, and 134 consistent with the requirements of s. 50.02 (2) (ad), Stats., by requiring facilities to report information to the Department about the facility's involuntary administration of psychotropic medication to clients. Definitions of “involuntary administration of psychotropic medication"; “protest"; and “psychotropic medication" from s. 55.14 (1) (a), (c) and (d) Stats., are included in each rule to assist in interpreting the rule requirement and to reduce cross-referencing to the statute.

Affected Industry Description.

The proposed rules will affect nursing homes; facilities for the developmentally disabled; community-based residential facilities; adult family homes; and residential care apartment complexes. These entities are included in the North American Industry Classification System (NAICS) Health Care and Social Assistance sector, (sector 62) and further defined in sub-sector 623 Nursing and Residential Care Facilities. Industries in the Nursing and Residential Care Facilities sub-sector generally provide residential care combined with either nursing, supervisory, or other types of care as required by the residents.

Overall, the NAICS 2002 data reports nearly 2,200 facilities in Wisconsin will be affected by these rule changes. These facilities received $2.7 Billion in revenue in 2002 and employed 72,000 people, and are operated by governmental entities, and private entities such as churches, corporations, partnerships, limited liability companies, and sole proprietorships. Using several sources including published monthly rates for various health care providers, DHFS databases, and standard industry published ratios, the Department estimates that 1,180 of the 2,200 (53 percent) facilities listed in NAICS data are small businesses. The following is an analysis of each facility type:

Community-Based Residential Facilities (CBRF)

Community-based residential facilities provide care, treatment and services above the level of room and board, but not including nursing care. These services include supervision and supportive services included leisure time activities, community activities, health monitoring, medication administration, and transportation services. Community-based residential facilities represent approximately 60 percent of the NAICS establishments, 30 percent of the $2.7 Billion in annual receipts, and 33 percent of the 72,000 employees in this sub-sector.

Data obtained from the Adult Programs Information System (APIS) database on March 22, 2007 records 1,390 CBRFs as currently licensed to operate in Wisconsin. Approximately 680 (48 percent) of the facilities have 5 to 8 licensed beds and meet the definition of small business. CBRFs are operated by governmental entities, and private entities such as churches, corporations, partnerships, limited liability companies, and sole proprietorships.

Adult Family Homes are places where 3 or 4 adults live and receive care and treatment above the level of room and board, but not including nursing care. These services include supervision, recreational activities, assistance with activities of daily living and health monitoring.

Adult family homes represent approximately 33 percent of the NAICS establishments and approximately 6 percent of the $2.7 Billion in annual receipts in this sub-sector. Data obtained from the Adult Programs Information System (APIS) database on March 22, 2007 records 1,069 AFHs as currently licensed to operate in Wisconsin. This is an increase from 688 facilities since 2002. All adult family homes are licensed for 3 or 4 beds and meet the definition of small business. AFH entities are operated by governmental entities, and private entities such as churches, corporations, partnerships, limited liability companies, and sole proprietorships.

Residential care apartment complexes are facilities that provide independent apartments with an individual lockable entrance and exit, a kitchen, an individual bathroom, sleeping area. RCACs provide no more than 28 hours of supportive, personal and nursing services per week to their tenants.

RCACs represent approximately 147 of the NAICS establishments, employing 2,400, and $95 Million in annual receipts in this sub-sector during 2002. Data obtained from the Adult Programs Information System (APIS) database on March 22, 2007 records 205 RCACs as currently registered or licensed to operate in Wisconsin. Approximately 25 percent of the RCACs meet the definition of small businesses. RCAC entities are operated by governmental entities, and private entities such as churches, corporations, partnerships, limited liability companies, and sole proprietorships.

The Department licenses approximately 340 private and 60 government owned nursing homes. Nursing homes primarily provide medical care and nursing services to restore individuals to their rehabilitative potential. The Department estimates that 10% of the privately owned facilities meet the definition of small business.

Facilities in this sub-sector provide residential care to people with developmental disabilities. The care provided is a mix of health and social services, with an emphasis on active treatment for habilitation. The Department currently records 22 licensed FDDs. Various governmental agencies operate 14 FDDs, four are non-profit entities, two are owned by individuals, one for-profit corporation and one limited liability corporation. Based on available Department data, 4 FDDs (18 percent) meet the definition of small business with 30 or fewer beds.

Nursing homes; facilities for the developmentally disabled; community-based residential facilities; adult family homes; and residential care apartment complexes are required to comply with s. 55.14, Stats., relating to involuntary administration of psychotropic medication to an individual pursuant to court ordered protective services. Section 50.02 (2) (ad), Stats., requires the Department to promulgate rules that require these facilities to provide, to the Department, information necessary to determine the facilities' compliance with s. 55.14, Stats. The Department proposes to revise chs. HFS 83, 88, 89, 132, and 134 consistent with the requirements of s. 50.02 (2) (ad), Stats., by requiring facilities to report to the Department about the facility's compliance under s. 55.14, Stats.

The Department estimates that it will take facilities an additional 15 minutes per client who receives involuntary administration of psychotropic medications, to provide the additional information; less if the facility does not administer psychotropic medications. Based on a 15 minute assessment per client, the direct salary and fringe cost of compliance should be about $8 annually per client who involuntarily receives the medication. The time required to complete the reports will increase incrementally with the number of individuals who are administered psychotropic medications involuntarily. The number of clients who may be subject to involuntary administration of psychotropic medication under s. 55.14, Stats., is unknown. All facilities are assumed to have adequate administrative or nursing personnel to comply with the proposed rule; there would not be a need to hire additional staff. The costs of compliance with the proposed rules for any facility should not increase operating expenditures, or decrease revenues by more than the 2006 consumer price index of 3.2 percent.

The costs identified above result from the creation of s. 50.02 (2) (ad), Stats., in 2005 Act 264, rather than this proposed rule.

Pursuant to the foregoing analysis, the proposed rule will affect a substantial number of small businesses, but the rule would not have a significant economic impact on those businesses.

Rosie Greer

Greerrj@dhfs.state.wi.us

608-266-1279

State and county government operated, and privately owned nursing homes; facilities for the developmentally disabled; community-based residential facilities; adult family homes; and residential care apartment complexes are required to comply with s. 55.14, Stats., relating to involuntary administration of psychotropic medication to clients. Section 50.02 (2) (ad), Stats., requires the Department to promulgate rules that require these facilities to provide, to the Department, information necessary to determine the facilities' compliance with s. 55.14, Stats.

The proposed rules would require facilities to report the required information on forms provided by the Department at intervals determined by the Department. This would require the Department to review the information submitted by the facilities and may require the Department to conduct follow-up investigations to determine compliance. Any costs associated with these increased responsibilities would be minimal and can be absorbed within the existing budget.

The Department estimates that it will take facilities an additional 15 minutes per client who receives involuntary administration of psychotropic medications, to provide the additional information; less if the facility does not administer psychotropic medications. Based on a 15 minute assessment per client, the direct salary and fringe cost of compliance should be about $8 annually per client who involuntarily receives the medication. The time required to complete the reports will increase incrementally with the number of individuals who are administered psychotropic medications involuntarily. The number of clients who may be subject to involuntary administration of psychotropic medication under s. 55.14, Stats., is unknown. All facilities are assumed to have adequate administrative or nursing personnel to comply with the proposed rule; there would not be a need to hire additional staff. The costs of compliance with the proposed rules for any facility should not increase operating expenditures, or decrease revenues by more than the 2006 consumer price index of 3.2 percent.

The costs identified above result from the creation of s. 50.02 (2) (ad), Stats., in 2005 Act 264, rather than this proposed rule.

A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wis. Adm. Rules Website at: http://adminrules.wisconsin.gov or by contacting the person listed below.

Pat Benesh

Department of Health and Family Services

Division of Quality Assurance

1 West Wilson Street, Room 1150

Madison, WI 53701-7185

Phone: (608) 264-9896 fax, (608) 267-0352

e-mail: Benespa@dhfs.state.wi.us

NOTICE IS HEREBY GIVEN THAT pursuant to ss. 23.09 (2) (intro.), 23.091, 23.11 (1), 23.22 (2) (a) and (b) 6., 27.01 (2) (j), 29.041, 227.11 (2) (a) and 227.24 (1) (a), Stats., interpreting ss. 23.09 (2) (intro.), 23.22 (2) (a), 29.014 (1), 29.041 and 227.11 (2) (a), Stats., the Department of Natural Resources will hold public hearings on Natural Resources Board Emergency Order No. FH-25-07(E) which revises chs. NR 19 and 20, Wis. Adm. Code, pertaining to control of fish diseases and invasive species. This emergency order was published on May 2, 2007 and revised Natural Resources Board Emergency Order FH-22-07(E) which took effect on April 7, 2007. This rule will aid the Department in controlling the spread of viral hemorrhagic septicemia virus (VHS) in the following ways: Natural Resources Board Emergency Order FH-25-07(E) does the following:

1. Clarifies definitions of “live fish" and “live fish eggs" for purposes of the previously adopted emergency rules.

2. Clarifies the prohibition of the transport of live fish away from waters of the Great Lakes and Mississippi River drainages by stating that the prohibition also includes any fish possessed on those waters of the banks or shores of those waters.

3. Clarifies and expands what equipment must be drained of water after removal from waters within the Great Lakes and Mississippi River drainages.