Objective of the rule. The administrative rules under this chapter were promulgated in February, 1998, with the exception of provisions relating to lie detector requirement and associated issues, which were promulgated by emergency rule in December, 1997, and became effective in July, 1998. The changes to the rule will ensure consistency with present law, clarify and improve the language of its provisions, and synchronize the rule with current and prospective information technology. This includes integration of legislative changes under 1999 Wisconsin Laws Acts 9, 89, 156 and 186, and Wisconsin 2001 Laws Act 16, as well as judicial interpretation of ss.
301.45 (8),
301.46 (8), and
301.132 (3), Stats., into the rule.
DOC 332 relates to sex offender registration and community notification requirements, as well as requirements that certain sex offenders be required to submit to lie detector testing. Sex offender registration and community notification legislation was mandated by the federal Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act of 1994, which included state sex offender registration laws, and Megan's Law of 1996, requiring public notification of sex offender release. Sections
301.45 (8),
301.46 (8), and
301.132 (3), Stats., were enacted by the State of Wisconsin to monitor and track people convicted of sex crimes, to utilize lie detector technology in the community supervision process, and to provide access to this information for law enforcement, victims and the general public.
The rules administering these statutes were promulgated in 1998. The sex offender registry has been a useful tool in protecting the public and promoting public awareness and safety. The system enhances public safety by making the information contained in the Sex Offender Registry accessible to the victims, law enforcement and the public. It also serves to enhance public awareness about sexual violence in our communities and provides valuable information about the ways in which individuals and communities can protect themselves and others from acts of sexual violence. However, new legislation, judicial interpretation, and potential procedural improvements require that the Department update the rule to ensure present compliance with the law, clarify and improve the efficacy of its provisions, and synchronize the rule with current and prospective information technology systems.
Statutory authority
Staff time required
200 hours.
Employee Trust Funds
Subject
Sections
ETF 50.48 (3) and
50.50 (5) require that the employer provide medical certification of a claimant's disability for eligibility under the Long-Term Disability Insurance (LTDI) program. The proposed rule will delete the requirement that the employer provide the medical certification.
Policy analysis
Objectives of the rule. The amended rule will accomplish two objectives: provide clarification in regards to medical certification between the employer and physicians; and avoid denial of coverage for employees under the LTDI program as a result of the employer's lack of or denial of medical certification.
Currently under the LTDI program, an employee is eligible for a LTDI disability benefit from the Wisconsin Retirement System (WRS) if he or she meets certain requirements under ch.
ETF 50, including the requirement to be certified by the employer as having left employment due to an apparent disability. Under ss.
50.48 (3) and
50.50 (5), the employer is required to provide a medical determination whether the employee is disabled within the meaning of the LTDI subchapter and to certify whether the disability was employment related in cases where the employee did not meet the service requirement.
If the Department receives a certification from the employer indicating that the employee is not disabled within the meaning of the LTDI subchapter or if the employer indicates they have no information on which to base an opinion, the Department is required to deny the application (claim) for LTDI benefits. The application is denied even if the Department receives the required medical documentation from the two required physicians certifying the claimant's disability. The proposed rule will be amended to remove the responsibility of the employer to make a medical determination related to employment and to instead rely on the physicians' medical determinations.
Policy alternatives to the proposed rule. The amendment to the current rule is intended to remove the responsibility of the employer making a medical determination. The medical and employment related disability certification would then be obtained from one source, the physicians, rather than from the employer and the physicians, which have and would continue to have conflicts. If the rule were not amended, the result would be less certainty and efficiency in the administration of the disability benefit program under ch.
ETF 50, as well as continued denials of coverage to eligible employees when the employer does not make a medical determination.
Statutory authority
Staff time required
80 hours.
Financial Institutions - Corporate and Consumer Services
Subject
Chapter DFI—CCS 8 – Relating to authorized records.
Policy analysis
Objective of the rule. To create ch. DFI—CCS 8.
2001 Act 10 repealed and recreated the Wisconsin Uniform Commercial Code (“UCC"), effective July 1, 2001. The act authorizes the Department of Financial Institutions to promulgate rules to implement the UCC. Without these rules, the department will be unable to give effect to the provisions of the UCC before permanent rules can be promulgated. The act is part of an effort by the National Conference of Commissioners on Uniform State Laws and all member states to implement a revised model Uniform Commercial Code on July 1, 2001 to facilitate interstate commerce with nation-wide uniformity in lien filings. The rule is in regards to authorized records.
Statutory authority
Staff time required
40 hours.
Health and Family Services
Subject
The Department proposes to modify ch.
HFS 63, Wis. Adm. Code, relating to community support programs for persons who have severe and persistent mental illness and live in the community. Community support programs (CSPs) are the primary means of providing effective treatment, rehabilitation and support services to this population.
Policy analysis
The Department's rules for CSPs were originally adopted in 1989. The standards are being updated through this proposed rulemaking order to reflect a better understanding of both the nature of mental illness and the efficacy of various treatment modalities. Experience with the certification process and CSPs has indicated the need for clarification in the areas of the certification process, personnel qualifications, assessment, use of psychotropic medications, discharge criteria, dealing with attempted suicide, and the time periods required to do assessments and treatment planning. In addition, the proposed standards will reflect increased understanding regarding evidence-based and recovery-focused treatment methods.
The Department will undertake a series of initiatives to gather input for the proposed rule from the professional community, consumers and family members. The Department will survey counties to identify their particular issues of concern. Regional listening sessions for consumers and families will occur in six locations around the state. Staff from CSPs who have demonstrated skill and leadership will be convened for an additional listening session. Input from all sources will be consolidated and analyzed. A workgroup will be established by the Wisconsin Bureau of Community Mental Health to develop a draft proposed rule to address all areas identified as in need of change. This workgroup will consist of DHFS staff, county representatives, CSP staff, Wisconsin Counties Human Services Association (WCHSA) representatives, consumers, family members and advocates.
Statutory authority
The Department's authorization to repeal and recreate these rules in found is ss.
51.42 (7) (b),
51.421 (3) (a) and
(c) and
227.11 (2) (a), Stats. The rule promulgates the requirement to monitor the establishment and the continuing operation of community support programs as specified in s.
51.421, Stats.
Staff time required
Community input is a critical aspect of this rule revision. It is anticipated that approximately 160 staff hours will be required. This will ensure that adequate input is gathered and appropriately incorporated. Information not directly relevant to the rules revision will be used in alternative ways. Additional funds are available for a consultant to work with staff and workgroups to draft the rules. Consumers will be reimbursed for their efforts in this process.
Revenue
Subject
Sections
Tax 2.03, 2012 and
3.91, relating to corporation returns, claims for refund and other amended returns, and petitions for redetermination.
Policy analysis
Objective of the rule. The general objectives of the rule are to update various statutory references, remove obsolete notes and update language, style and format, per Legislative Council Rules Clearinghouse standards.
Existing policies are as set forth in the rules. No new policies are being proposed, other than to reflect law changes and court decisions. If the rules are not changed, they will be incorrect in that they will not reflect current law or current Department policy. The only substantive new policy, which reflects a law change, is to permit a claim for refund to be filed for up to four years after an audit adjustment, effective with taxable year 2000. The circumstances under which a claim for refund may be filed after an audit adjustment are also revised, to reflect a law change.
Statutory authority
Staff time required
Approximately 100 hours.
State Treasurer
Subject
The Wisconsin College Savings Program, popularly known as “EdVest", is the state sponsored program providing a tax advantaged investment structure to help families prepare for future higher education expenses.
Policy analysis
Objective of the rule. The Wisconsin College Savings Program Board proposes rules and procedures for the operation of the program. The rules and procedures are designed to grant flexibility to program participants wherever possible, while enabling the State and its private-sector partners to administer the program in a manner that protects the program's financial integrity and viability. Maintaining eligibility as a “qualified tuition program" pursuant to section
529 of the Internal Revenue Code [
26 USC 529] is another primary objective. “529" programs are eligible for a number of federal tax benefits that are attractive to families saving for future college costs.
The proposed rule addresses specific issues including who may open a college savings account, who may be designated as a beneficiary, how to open an account, how to change the account owner or beneficiary, how contributions can be made to an account, how withdrawals can be made, qualified vs. non-qualified distributions, special condition distributions such as death, disability or scholarship of the beneficiary, termination of an account, and other policy matters.
Statutory authority
Staff time required
50 hours.
Workforce Development
Subject
When a state agency or local governmental unit constructs a public works project, it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with those wage rates. Sections
66.0903 (5) and
103.49, Stats., set initial estimated project cost thresholds for application of prevailing wage rates and require that DWD adjust the thresholds each year in proportion to any change in construction costs since the thresholds were last determined. Pursuant to s.
DWD 290.15, the threshold adjustment is based on changes in the construction cost index published in the Engineering News-Record, a construction trade publication.
Section
779.14, Stats., sets payment and performance assurance requirements that apply to contracts for the performance of labor or furnishing materials for a public improvement or public work. Section
779.14 (1s), Stats., requires the department to adjust the thresholds for application of various requirements in proportion to any change in construction costs since the statute was effective or the last adjustment. These threshold adjustments will also be based on changes in the construction cost index published in the Engineering News-Record.
Policy analysis
The thresholds for application of the prevailing wage rate laws will be adjusted based on a 1.7% increase in the construction cost index since the thresholds were last adjusted. The thresholds for the performance assurance requirements in s.
779.14, Stats., will be adjusted based on a 8.7% increase in the construction cost index since the statute was effective in June 1998.
Statutory authority
Staff time required
Less than 30 hours.
