The Department analysis of the housing costs of low-income families is based on data from the Food Share program for December 2007.
Energy crisis
Section
49.138 (1m), Stats., provides that the Department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member. The statute is silent on whether the Department may establish a maximum payment amount based on any criteria other than per family member for cases of need due to energy crisis. The rule establishes a maximum payment amount per group regardless of group size.
Comparison with federal requirements
Emergency Assistance is a Temporary Assistance to Needy Families (TANF) program option available to states under previous Aid to Families with Dependent Children (AFDC) statutes to provide short-time assistance to needy families with children. Wisconsin chose to continue the Emergency Assistance program when Wisconsin repealed the AFDC program and accepted federal TANF block grant funds.
There are no federal requirements related to this rule, except that TANF funds must be used to provide assistance to families with children.
Comparison with rules in adjacent states
None of the adjacent states appear to have an Emergency Assistance program that is as similar to the AFDC-related Emergency Assistance program as that of Wisconsin. These states do have a variety of crisis assistance and prevention programs that are administered in different ways. The programs are generally not limited to families with children.
Analysis used to determine effect on small businesses
W-2 agencies will be affected by the proposed rule, but the effect will be minimal. Agency representatives have requested these changes.
Small Business Impact
The proposed rule will affect small businesses as defined in s.
227.114 (1), Stats., but will not have a significant economic impact on a substantial number of businesses.
The Department's Small Business Regulatory Coordinator is Elaine Pridgen, (608) 267-9403, elaine.pridgen@ wisconsin.gov.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The proposed rule changes the amounts eligible families would receive by increasing the amounts for smaller size families and decreasing the amounts for larger size families. The amounts were arrived at by attempting to make the overall fiscal impact cost neutral that is within the existing amount of funds allocated for emergency assistance. Average family sizes receiving emergency assistance grants in SFY 07-08 were used in the calculation.
The rule also changes the amount payable to an eligible family due to energy crisis from the current unlimited level to a maximum of $500. This change will allow the agency to use funds otherwise going to pay for energy services to pay for other emergencies.
In addition, the rule allows a payment to families who are renters and in a situation where the building they are living in is subject to foreclosure. While this will increase the number of cases eligible for emergency assistance it is estimated to be within what the current allocation can absorb.
The proposed rule also changes the method for determining financial eligibility to make it similar to the eligibility criteria for W-2. This change is not expected to have a significant fiscal effect because many agencies already applied the W-2 criteria due to confusing language in the current rule.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Notice of Hearing
Employee Trust Funds
The Wisconsin Department of Employee Trust Funds proposes an order to revise Chapters
ETF 10,
11,
20,
52, and
60, relating to technical and minor substantive changes in existing ETF administrative rules.
Hearing Information
A public hearing on this proposed rule will be held:
September 10, 2009 Conference Room GB
at 1:00 p.m. Dept. of Employee Trust Funds
801 West Badger Road
Madison, Wisconsin
Persons wishing to attend should come to the reception desk up the stairs (or by elevator) from the main entrance to the building.
Submission of Written Comments
Written comments on the proposed rule may be submitted to David Nispel, General Counsel, Department of Employee Trust Funds, 801 W. Badger Road, P. O. Box 7931, Madison, WI 53707. Written comments must be received at the Department of Employee Trust Funds no later than 4:30 p.m. on Friday, September 11, 2009.
Copies of Proposed Rule
Copies of the proposed rule are available without cost from the Office of the Secretary, Department of Employee Trust Funds, P. O. Box 7931, Madison, WI 53707-7931. The telephone number is: (608) 266-1071.
Analysis Prepared by the Department of Employee Trust Funds
Statute interpreted
Various statute sections in ch.
40, Wis. Stats., regarding the Public Employee Trust Fund.
Statutory authority
Explanation of agency authority
By statute, the DETF Secretary is expressly authorized, with appropriate board approval, to promulgate rules required for the efficient administration of any benefit plan established in ch.
40 of the Wisconsin statutes. Also, each state agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
The various statute sections in ch.
40, Wis. Stats., and the existing administrative rules promulgated by the Department of Employee Trust Funds are related to this technical rule.
Plain language analysis
The purpose of this rule is to revise existing administrative rules of the Department of Employee Trust Funds to reflect enactment of
2007 Wisconsin Act 131, other changes made to ch.
40, Wis. Stats., and current practices of the department.
Comparison with federal regulations
The only federal regulations that may be affected by this proposed rule are provisions of the Internal Revenue Code regulating qualified pension plans. The Wisconsin Retirement System is required to be maintained as a qualified plan by s.
40.015, Stats.
Comparison with rules in adjacent states
Periodically, retirement systems in adjacent states promulgate technical rules to update existing administrative rules.
Summary of factual data and analytical methodologies
The department is proposing this rule to update existing rules and create other rules in light of
2007 Wisconsin Act 131, and in order to reflect current interpretations of existing statutes.
Analysis and supporting documents used to determine effect on small business
The rule does not have an effect on small businesses because private employers and their employees do not participate in, and are not covered by, the Wisconsin Retirement System.
Small Business Impact
There is no effect on small business.
Fiscal Estimate
The rule codifies current department practice. The rule will have no effect on state funds.
Agency Contact Person
Please direct any questions about the proposed rule to David Nispel, General Counsel, Department of Employee Trust Funds, P. O. Box 7931, Madison, WI 53707. The email address is:
david.nispel@etf.state.wi.us. The telephone number is: (608) 264-6936.
Notice of Hearing
Financial Institutions — Securities
NOTICE IS HEREBY GIVEN That pursuant to ss.
551.406 (5),
551.605 (1), and
227.11 (2), Stats., the Department of Financial Institutions, Division of Securities will hold a public hearing to consider a rule revising Chapters
DFI-Sec 1 to
5,
7, and
9, relating to minor revisions to securities administrative code sections for conformity with Wisconsin securities statutes, filings, and securities agent examination matters.
Hearing Information
The hearing will be held:
September 21, 2009 Dept. of Financial Institutions
at 9:00 a.m. 345 W. Washington Avenue
5th Floor
Madison, Wisconsin
Copies of Proposed Rule, Submission of Written Comments, and Agency Contact Person
To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, or for questions regarding the agency's internal processing of the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705, e-mail
mark.schlei@wisconsin.gov. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institution's website,
www.wdfi.org. Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.
For substantive questions on the proposed rule, contact Randall Schumann, Attorney, Department of Financial Institutions, Division of Securities, P.O. Box 1768, Madison, WI 53701-1768, tel. (608) 266-3414, e-mail
randall.schumann@wisconsin.gov.
Analysis Prepared by the Department of Financial Institutions, Division of Securities
Statute interpreted
Statutory authority
Related statute or rule
None.
Explanation of agency authority
Pursuant to ch.
551, Stats., the department regulates securities.
Summary of proposed rule
The purpose of the rule is as follows:
Section 1. These amendments are necessary to clarify that these apply to federally-covered advisors, their investment adviser representatives and state advisers, and also to correct cross references.
Section 2. This section can be repealed as duplicative to the definition in s. 551.102(11)(m), Stats.
Section 4. These sections can be repealed because of the language and scope of the merger/reorganization and employee benefit plan registration exemptions resulting from
2007 Wisconsin Act 196.
