The proposed rule will allow courts to impute income to the parent at the higher of the state or federal minimum wage. This change will have no effect in the near future since the federal minimum wage will soon be equal to or higher than the state minimum wage, but it will ensure consistency among counties if the state rate is again higher than the federal rate. Effective 7/24/08, the federal minimum wage rate will be $6.55 and the state minimum wage rate will be $6.50. Effective 7/24/09, the federal minimum wage rate will be $7.25, and the state minimum wage is proposed to also increase to $7.25.
Comparison with federal regulations
In PIQ-07-01, OCSE states that medical support is a subset of child support, and child support orders must be set under state guidelines that comply with 45 CFR 302.56. State guidelines must:
  Take into consideration all earnings and income of the noncustodial parent.
  Be based on specific descriptive and numeric criteria and result in a computation of the support obligation.
  Provide for the child's health care needs through health insurance coverage or other means.
  Provide a rebuttable presumption that the amount determined using the guidelines is the correct child support to be awarded.
The circumstances in which past-due support qualifies for federal income tax refund offset are listed in 45 CFR 303.72(a). The list includes cases where the child support agency is providing services to a Medicaid recipient.
Comparison with rules in adjacent states
All states are required to comply with the OCSE interpretation that birth cost judgment amounts must be set under the state's child support guidelines.
Summary of factual data and analytical methodologies
OCSE has notified states that birth cost judgment amounts must be set according to child support guidelines that take into consideration the father's ability to pay.
This rule provides that the amount of a birth cost judgment may not exceed 5% of the father's income over 3 years, with a graduated scale of lower amounts for fathers with income below 125% of the federal poverty guidelines. The 5% limit is based on a proposed federal rule on medical support in child support cases. The proposed federal rule provides that cash medical support or private health insurance is considered reasonable in cost to the obligated parent if it does not exceed 5% of his or her gross income. Child Support Enforcement Program; Medical Support, 71 Fed. Reg. 549965, (proposed September 20, 2006)
Analysis used to determine effect on small businesses
The rule could affect a private insurance company seeking recovery of birth costs under s. 767.89 (3) (e), Stats., but the effect would be de minimus.
Initial Regulatory Flexibility Analysis
The rule may affect small businesses but will not have a significant economic impact on a substantial number of small businesses.
Fiscal Estimate
Summary
The rule allows Wisconsin to continue to collect birth cost judgments owed to the state through federal income tax refund offset. If the department failed to enact this rule to comply with OCSE requirements, the state and county child support agencies would likely experience a decrease in revenue. In calendar year 2007, the child support program collected $11,481,000 in birth costs through federal income tax refund offset. Of the nearly $11.5 million collected, approximately $6.62 million was returned to the federal government to reimburse Medicaid costs, $1.72 million was used by county child support agency programs to benefit children in the state, and the remaining $3.14 million was returned to the state Medicaid program.
State fiscal effect
None
Local fiscal effect
None
Long-range fiscal implications
Continuation of current revenue.
Notice of Hearing
Workforce Development
Family Supports, Chs. DWD 12-59
NOTICE IS HEREBY GIVEN that pursuant to ss. 49.138 and 227.11 (2) (a), Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules revising Chapter DWD 16, relating to emergency assistance for families with needy children.
Hearing Information
August 5, 2008
MADISON
Tuesday
G.E.F. 1 Building, B205
1:30 p.m.
201 E. Washington Avenue
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is wheelchair accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.
Copies of Proposed Rule
A copy of the proposed rules is available at http://adminrules.wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule or fiscal estimate by contacting:
Elaine Pridgen, Office of Legal Counsel
Department of Children and Families
201 E. Washington Avenue
Madison, WI 53707
Submission of Written Comments
Written comments on the proposed rules received at the above address, email, or through the http://adminrules. wisconsin.gov web site no later than August 6, 2008, will be given the same consideration as testimony presented at the hearing.
Agency Contact Person
Jude Morse, Bureau of Working Families, Department of Children and Families; jude.morse@wisconsin.gov, (608) 266-2784.
Analysis Prepared by the Department of Workforce Development
Statutory authority
Sections 49.138 and 227.11 (2) (a), Stats.
Statutes interpreted
Section 49.138, Stats.
Explanation of agency authority
As of the date of filing, authority to promulgate this rule is within the Department of Workforce Development. Effective July 1, 2008, authority to promulgate the rule and contact individuals will be within the Department of Children and Families.
Section 49.138, Stats., provides that the department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or impending homelessness, or energy crisis. “Needy person" has the meaning specified by the department by rule.
Summary of the proposed rule
The emergency assistance program is funded by the federal Temporary Assistance for Needy Families (TANF) block grant, which requires that the funds be used for eligible needy families with a child. The proposed rule will add a provision to the nonfinancial eligibility section regarding the child for whom emergency assistance is requested. The current rule provides that the child is or, within 6 months prior to the month of application, was living with a qualified caretaker relative. The proposed rule also requires that the child will live with the qualified caretaker relative in the month following the application date.
Comparison with federal regulations
In general, states must use TANF funds for eligible, needy families with a child and for one of the four purposes of the TANF program:
1.   To provide assistance to needy families.
2.   To end dependence of needy parents by promoting job preparation, work, and marriage.
3.   To prevent and reduce out-of-wedlock pregnancies.
4.   To encourage the formation and maintenance of two-parent families.
Comparison with rules in adjacent states
All states with an Emergency Assistance program funded by TANF must require that the assistance be used for an eligible family with a child.
Summary of factual data and analytical methodologies
The rule ensures compliance with TANF requirements.
Analysis used to determine effect on small businesses
The rule affects W-2 agencies but the change in policy is minor.
Initial Regulatory Flexibility Analysis
The rule may affect small businesses but will not have a significant economic impact on a substantial number of small businesses.
Fiscal Estimate
Summary
The policy change is so minor that it is not expected to have any fiscal effect.
State fiscal effect
None
Local fiscal effect
None
Long-range fiscal implications
None
Notice of Hearing
Workforce Development
Labor Standards, Chs. DWD 270-279
NOTICE IS HEREBY GIVEN that pursuant to ss. 104.04 and 227.11 (2) (a), Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules revising Chapter DWD 272, relating to increasing Wisconsin's minimum wages and affecting small businesses.
Hearing Information
August 6, 2008
MADISON
Wednesday
G.E.F. 1 Building, H306
1:30 p.m.
201 E. Washington Avenue
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is wheelchair accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 266-9427 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.
Copies of Proposed Rule
A copy of the proposed rules is available at http://adminrules.wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule or fiscal estimate by contacting:
Bob Anderson
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