None anticipated for department operations. For governmental units, ongoing costs associated with operation of a reporting program database and compliance follow-up will occur.

NOTICE IS HEREBY GIVEN that pursuant to s. 560.28 (2), Stats., the Department of Commerce will hold a public hearing on proposed rules in chapter Comm 130, Wis. Adm. Code, relating to certifying businesses as being eligible to claim tax credits for fuel and electricity used in manufacturing, under ss. 71.07 (3t), 71.28 (3t), and 71.47 (3t), Stats., and affecting small business.

The public hearing will be held as follows:

Date and Time:	Location:
November 28, 2007 Wednesday 9:30 A.M.	Thompson Commerce Center Third Floor, Room 3B 201 West Washington Avenue Madison, Wisconsin

This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at (608) 266-0797 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.

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, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until December 5, 2007, 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. All written comments should be submitted by e-mail to srockweiler@commerce.state.wi.us. If e-mail submittal is not possible, written comments may be mailed to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.

Sections 71.07 (3t), 71.28 (3t), 71.47 (3t), and 560.28, Stats.

Sections 227.11 (2) (a) and 560.28 (2), Stats.

Section 560.28 (2), Stats., requires the Department to promulgate rules for certifying businesses as eligible to claim tax credits for fuel and electricity used in manufacturing, under ss. 71.07 (3t), 71.28 (3t), and 71.47 (3t), Stats.

The Department has rules for several other programs associated with tax credits, but none of those programs relate to certifying businesses as being eligible to claim these tax credits.

The proposed rules specify (1) the eligibility requirements for businesses to become certified, (2) the documentation that must be submitted to receive certification, (3) the Department's response to the submitted documentation, and (4) use of the Department's response when filing claims with the Department of Revenue for the corresponding tax credits.

Neither the Department nor the Department of Revenue is aware of any existing or proposed federal regulations that address these tax credits.

Neither the Department nor the Department of Revenue is aware of any rules in adjacent states that address these tax credits.

The data and methodology for developing these rules were derived from and consisted of (1) incorporating the criteria in 2003 Wisconsin Act 99; (2) incorporating applicable best practices the Department has developed in administering similar programs for economic development, business development, and tax-credit verification; and (3) soliciting and utilizing input from the Department of Revenue, and from representatives of the stakeholders who are expected to participate in this program.

The primary document that was used to determine the effect of the proposed rules on small business was 2003 Wisconsin Act 99. This Act requires the Department to promulgate rules for certifying businesses as eligible to claim tax credits for fuel and electricity used in manufacturing, under sections 71.07 (3t), 71.28 (3t), and 71.47 (3t) of the Statutes.

The proposed rules are not expected to impose significant costs or other impacts on small businesses because the rules address submittal of documentation only by businesses that choose to pursue these tax credits.

Amy Cumblad, Wisconsin Department of Commerce, Bureau of Business Development, P.O. Box 7970, Madison, WI, 53707-7970; telephone (608) 266-2688; e-mail Amy.Cumblad@wi.gov.

The proposed rules and an analysis of the rules are available on the Internet, by entering “Comm 130" in the search engine at the following website: http://adminrules. wisconsin.gov. Paper copies may be obtained without cost from Amy Cumblad at the Department of Commerce, Bureau of Business Development, P.O. Box 7970, Madison, WI, 53707-7970; or at telephone (608) 266-2688 or (608) 264-8777 (TTY); or at Amy.Cumblad@wi.gov. 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.

Any business which chooses to apply for the tax credits under sections 71.07 (3t), 71.28 (3t), and 71.47 (3t) of the Statutes – and which meets at least one of the following conditions:

(1) The business has retained 100 percent of its full-time jobs in Wisconsin from December 23, 2003, through either December 31, 2006, or December 31, 2007.

(2) The business's average annual investment in Wisconsin from January 1, 2003, through either December 31, 2006, or December 31, 2007, is equal to no less than 2 percent of the total book value of the business's depreciable assets in facilities that are based in Wisconsin.

(3) The business's average annual investment in Wisconsin from January 1, 2003, through either December 31, 2006, or December 31, 2007, is no less than $5,000,000.

Applicants for becoming certified as being eligible for the tax credits must submit an application that demonstrates compliance with at least one of the above conditions.

No new professional skills would be needed for compliance with these rules.

No.

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or by e-mail at cdunn@commerce.state.wi.us.

Although the proposed rules would newly result in review and approval of documentation relating to certifying businesses as eligible to claim tax credits for fuel and electricity used in manufacturing, the number of these reviews and approvals is expected to be too small to result in significant changes in the Department's costs for administering its business development programs. Therefore, the proposed rules are not expected to have any significant fiscal effect on the Department.

The proposed rules are not expected to impose any significant costs on the private sector, because the rules address only voluntary submittal of documentation relating to tax credits for fuel and electricity used in manufacturing.

NOTICE IS HEREBY GIVEN that pursuant to ss. 50.02 (1) and (2) (a), 50.025, and 227.11 (2) (a), Stats., and interpreting ss. 50.03, 50.035, and 50.037, Stats., the Wisconsin Department of Health and Family Services proposes to repeal and recreate ch. HFS 83, relating to community-based residential facilities, 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 December 26, 2007.

This proposed order repeals and re-creates ch. HFS 83 relating to CBRFs. CBRFs are facilities for 5 or more adults who require supervision and care and services above room and board. Nursing care is not the primary function of the facility. In Wisconsin, CBRFs are one of 4 categories of regulated entities referred to as assisted living facilities.

The purpose of the proposed rule is to accomplish the following:

The proposed order recognizes national and state trends in the assisted living industry, and incorporates recommendations from the 2003 Assisted Living Workgroup Report to the U.S. Senate Special Committee on Aging. The Department's goal is to integrate these concepts into HFS 83 for the benefit of the consumers of Wisconsin. For example:

Chapter HFS 83 was last substantially revised July 1, 1996.