Publication Date:
October 25, 1996
Effective Date:
October 25, 1996
Expiration Date:
March 24, 1997
Hearing Date:
December 16, 1996
2. Rules adopted revising ch. Trans 117, relating to occupational driver's license.
Finding of Emergency
1995 Wis. Act 269 rewrote state law regarding the issuance of occupational licenses. That Act goes into effect on November 1, 1996. Absent this emergency rule making, the Department will lack rule authority necessary to administer the new law. This emergency rule will permit the Department to issue occupational licenses until the permanent rule establishing procedures for issuing occupational licenses are in place. Therefore, the Department of Transportation finds that an emergency exists and that the rule is necessary.
Publication Date:
November 1, 1996
Effective Date:
November 1, 1996
Expiration Date:
March 31, 1997
Hearing Date:
November 26, 1996
EMERGENCY RULES NOW IN EFFECT (2)
Workforce Development
(Economic Support, Chs. DWD 11-59)
1. Rules adopted renumbering subch. VII of ch. HSS 55 and creating s. DWD 56.08, relating to the administration of child care funds and required parent copayments.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
The Governor has directed the Child Care Working Group to analyze the impact that the federal legislation will have on child care in Wisconsin and on the Wisconsin Works program, and to analyze and identify effective methods and funding sources to increase child care options and expand the availability of affordable child care. The Governor has approved a new schedule for child care copayments and this rule places the new schedule into operation. The use of an emergency rule allows the implementation of the new schedule immediately.
Publication Date:
December 30, 1996
Effective Date:
December 30, 1996
Expiration Date:
May 29, 1997
2. Rules were adopted creating ch. DWD 12, relating to Wisconsin Works program.
Exemption From Finding of Emergency
The Legislature in s.275(3) of 1995 Wis. Act 289 permitted the Department to promulgate the rules required under ss. 49.143 to 49.157, Stats., as created by Act 289, by using emergency rulemaking procedures but without having to make a finding of emergency.
Analysis Prepared by the Department of Workforce Development
Wisconsin Works (W-2), the replacement program for the Aid to Families with Dependent Children (AFDC) program, is based squarely on work. Rather than offering welfare checks to those who do not work, as AFDC does currently, W-2 offers participants the opportunity to move into the work world and become self-sufficient through employment.
These rules provide the administrative framework under which the Department will implement a W-2 pilot program in two counties, Fond du Lac and Pierce, effective March 1, 1997. As the pilot counties for the Work Not Welfare program which began January 1, 1995, these two counties have had experience in implementing major welfare reform efforts. The W-2 program includes work opportunities, job access loans, education and training activities to enhance employability, intensive case management, child care and child support enforcement and other employment supports such as transportation assistance and access to health care services under the Medical Assistance program.
Wisconsin Works (W-2) was authorized through enactment of 1995 Wis. Act 289 which Governor Thompson signed into law on April 25, 1996. Under s.49.141(2)(b), Stats., if a federal waiver is granted or federal legislation is enacted, the Department of Workforce Development could begin to implement W-2 no sooner than July 1, 1996 and must fully implement the W-2 program statewide in September 1997. The federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) was signed into law on August 22, 1996. It creates the Temporary Assistance for Needy Families (TANF) program which ends the entitlement program under Title IV-A of the Social Security Act and creates a block grant program under which states receive monies to provide cash and other benefits to help needy families support their children while at the same time requiring families to participate in work program activities which will help them become self-sufficient. In general, a state may not use any part of the TANF grant to provide assistance to a family for more than 60 months.
States must ensure, under section 114 of P.L. 104-193, that families who meet the AFDC eligibility requirements in effect on July 16, 1996, have access to Medical Assistance. Wisconsin has not yet obtained the necessary waivers or federal legislation that would allow the implementation of the W-2 health plan. Therefore, W-2 participants who meet the July 16, 1996, AFDC eligibility requirements or are eligible under s.49.46 or 49.47, Stats., and the implementing administrative rules, Chs. HFS 101-108, administered by the Department of Health and Family Services, may apply and be determined eligible for Medical Assistance.
Under W-2, there will be a place for everyone who is willing to work to their ability. The program is available to parents with minor children, low assets and low income who need assistance in becoming self-sufficient through employment. The W-2 program provides cash benefits only for those individuals who participate in W-2 employment and training activities. W-2 agencies have the option, for participants in a community service job or a transitional placement, to aggregate education and training hours for approved programs to allow an individual to participate in education and training activities for more than 10 or 12 hours per week within the first few months of participation. Each eligible W-2 applicant will meet with a Financial and Employment Planner (FEP) who will help the individual develop a self-sufficiency plan and determine their place on the W-2 employment ladder. The ladder consists of four levels of employment options, in order of preference: unsubsidized employment; subsidized employment through a trial job for those participants who need minimal assistance but where unsubsidized employment is not available; a community service job for those participants who need to practice work habits and skills necessary to move into unsubsidized employment; and transitional placement for those unable to perform independent, self-sustaining work. Individuals placed in a trial job will receive wages from an employer. Individuals placed in a community service job will receive a monthly benefit of $555 and individuals placed in a transitional placement will receive a monthly benefit of $518. W-2 participants are limited to 24 months in a single subsidized employment position category. Extensions may be granted on a limited basis when local labor market conditions preclude opportunities or when the participant has significant barriers which prevent him or her from obtaining unsubsidized employment. Child care is available for those individuals who have children under the age of 13 and need child care in order to work or participate in a W-2 employment position. The W-2 program will be administered by contracted agencies which may include counties, tribal agencies and private agencies in geographic areas determined by the Department.
These are the rules for implementation of the Wisconsin Works program. The rules include eligibility requirements for those individuals applying for a W-2 employment position or child care, time-limited benefits for participants in W-2 employment positions, good cause for failure or refusal to participate in W-2 employment positions or other required employment and training activities, how sanctions are applied for failure to meet the W-2 employment position participation requirements, and school attendance requirements under the Learnfare program for the children of W-2 employment position participants.
Publication Date:
March 1, 1997
Effective Date:
March 1, 1997
Expiration Date:
July 29, 1997
EMERGENCY RULES NOW IN EFFECT
Workforce Development
(Labor Standards, Chs. ILHR 270-279)
Rules adopted revising ch. ILHR 272, relating to the minimum wage.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
The minimum wage set by federal law will be raised to $4.75 per hour effective October 1, 1996. The federal minimum wage covers many but not all of the employers and employes in the state, and it is not always easy for a particular employer to know if it is covered by state or federal law. If the state did not act quickly to adjust its minimum wage rules in response to the change in federal law, many employers and employes would be subjected to confusion and uncertainty in the calculation and payment of wages.
Publication Date:
August 28, 1996
Effective Date:
October 1, 1996
Expiration Date:
February 28, 1997
Hearing Date:
December 17, 1996
Extension Through:
April 28, 1997
EMERGENCY RULES NOW IN EFFECT
Workforce Development
(Wage Rates, Chs. ILHR 290-294)
Rules adopted revising ch. ILHR 290, relating to the determination of prevailing wage rates for workers employed on state or local public works projects.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
1995 Wis. Act 213 made a number of major changes to the laws which require the department to determine prevailing wage rates for state and local public works projects. In place of a case-by-case investigations, the Department of Workforce Development is required to conduct an annual survey of employers and issue prevailing wage rate determinations for all trades or occupations in all areas of the state throughout the year based on the survey data. The statutes also provide that members of the public, employers, local governmental units and state agencies may ask the DWD to review prevailing wage rate determinations under a number of specified circumstances.
This emergency rule establishes deadline and appeal criteria for the process that will be used to compile the 1996 survey results and consider requests for review. The use of an emergency rule for this purpose will benefit the public, employers local governments units and state agencies by giving them clear information as to the procedures to be followed, and it will also help the DWD to meet the statutory requirement that prevailing wage rates be compiled and issued promptly.
Publication Date:
December 11, 1996
Effective Date:
December 11, 1996
Expiration Date:
May 10, 1997
Hearing Date:
March 31, 1997
Statements of Scope of Proposed Rules
Employe Trust Funds
Subject:
Ch. ETF 41 - Relating to long-term care insurance.
Description of policy issues:
1) Objectives of the rule:
The rules provide standards for optional long-term care policies under s. 40.55, Stats., which may be offered to state employes and annuitants. These standards are in addition to the minimum standards established by the Office of the Commissioner of Insurance (OCI) for long-term care policies sold in Wisconsin. The objective of this modification is to provide more clear guidelines to insurers and the public.
2) Policy analysis:
The current long-termcare rules were adopted in 1991. Since that time, several changes have been made to the minimum standards promulgated by OCI. As a result, certain provisions of ch. ETF 41 need to be modified or repealed to be consistent with the OCI provisions. For example, ETF rules allow insurers to make payment decisions based on medical necessity. This is no longer allowed by OCI rule.
The Department may also consider changes designed to allow greater flexibility to insurers who develop policies to meet the standards. For example, current policies must meet one of three inflation protection standards required by the ETF rule. These may be modified to allow for a greater degree of choice by insurers.
3) Policy alternatives to the Proposed Rule:
Do not amend the rule. Since the statute provides that all policies offered must first meet the OCI requirements, any standard in OCI rule will take precedence over the ETF rule.
Statutory authority for rule-making:
Sections 40.03 (2) (i) and (t) and 40.08 (8) (a) 1. and 3., Stats.
Staff time required:
The Department estimates that state employes will spend 80 hours to develop this rule.
Insurance, Commissioner of
Subject:
SS. Ins 2.14 and 2.16 - Relating to life insurance solicitation and advertising.
Description of policy issues:
a) A statement of the objective of theproposed rule:
To interpret ss. 601.01 (2) and (3), 628.34 and 628.38, Stats. To amend ss. Ins 2.14 and 2.16, Wis. Adm. Code, to be consistent with the requirements proposed by s. Ins 2.17, Wis. Adm. Code.
b) A description of existing policies relevant to the rule and of new policies proposed to be included in the rule, and an analysis of policy alternatives:
Section Ins 2.14 (4), Wis. Adm. Code, regarding life insurance solicitation currently contains requirements which contradict the requirements proposed under s. Ins 2.17, Wis. Adm. Code. Additionally, the Buyer's Guide to Life Insurance shown in Appendix I of s. Ins 2.14 will need to be revised to account for changes included in the National Association of Insurance Commissioners' (NAIC) most recent version of their publication entitled “Life Insurance Buyer's Guide”, which takes into consideration the requirements proposed under s. Ins 2.17, Wis. Adm. Code.
Section Ins 2.16, Wis. Adm. Code, regarding life insurance advertising currently contains requirements and definitions which contradict requirements and definitions proposed under s. Ins 2.17, Wis. Adm. Code.
Statutory authority for the rule:
Sections 601.41 (3), 628.34 (12) and 628.38, Stats.
