The treatment plans typically encompass the removal of teeth with a resulting need for dentures. Failure to promptly provide denture could have a negative impact upon an individual's health. It is therefore necessary to assure that the Department has sufficient authority to pay for the dentures included in treatment plans already received during this fiscal year. The emergency rule cap will accomplish this goal.
Publication Date:
April 7, 1997
Effective Date:
April 7, 1997
Expiration Date:
September 5, 1997
Hearing Date:
April 18, 1997
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
Hearing Dates:
May 21 & 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:
On December 11, 1996, this Department adopted an emergency rule and began permanent rulemaking to amend the former ch. ILHR 290, Wis. Adm. Code, in accordance with 1995 Act 215, which enacted changes in the laws governing the determination of prevailing wage rates for state and local public works projects. Among the provisions of that emergency rule was a section on the classification of subjourneypersons.
The initial emergency rule will expire on May 10, 1997. The Department has developed a different provision on subjourneypersons which it is submitting for legislative committee review as a part of the permanent rule in its proposed final draft stage. In the meantime, it is necessary to have a formal policy on subjourneypersons in effect so that the Department may continue to issue wage determinations on state and local public works projects without causing the projects to be delayed. Therefore, the Department is adopting the new subjourneyperson policy, and related procedural provisions, as an emergency rule.
Publication Date:
May 10, 1997
Effective Date:
May 10, 1997
Expiration Date:
October 8, 1997
Hearing Date:
June 19, 1997
[See Notice this Register]
Statements of Scope of Proposed Rules
Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors Examining Board
Subject:
Chs. A-E 1 to 10 - Rules relating to the professional practice of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors.
Description of policy issues:
Objective of the rule:
Clarify and update administrative rules.
1) Update architect application and experience provisions.
2) Recreate section on reexamination procedures which was dropped from the professional engineer rules in 1984.
3) Modify application deadline for landscape architect examination candidates.
4) Define time period for experience submitted for licensure as a professional geologist.
5) Expand qualification for professional references for comity applicants.
Policy analysis:
Existing policies are in chs. A-E 1-10, Wis. Adm. Code. The proposal would change these policies to:
1) Remove the Intern Development Program (IDP) table of required training and directs interns to contact the Department for most current requirements in order that the Board can keep the IDP program up-to-date without the delay of constant rule changes.
2) Eliminate the requirement that applicants for the national architect examination has filed an application two months prior to the examination to reflect the fact that the examination is available by computer and individually scheduled for each applicant.
3) Require that materials verifying qualifications of examination applicants be filed no later than 90 days before the date of the examinafion to allow time to process materials and communicate with applicants.
4) Add reexamination procedures that were inadvertently left out of the procedures for professional engineers.
5) Clarify that the professional engineer section permits the section to deny applications of individuals who have been out of practice for many years by required experience to be from within the previous 10 years.
6) Professional geologist applicants who apply by comity may use references from the state in which the applicant is currently licensed.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2), 440.05 and ch. 443, Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
20 hours.
Commerce
Subject:
Chs. ILHR 20 to 25 - Uniform Dwelling Code
Description of policy issues:
Part 1. Description of the objective of the rule:
The Uniform Dwelling Code establishes statewide uniform construction and inspection rules for 1-2 family dwellings.
The statutes require the Department to review the rules of the Uniform Dwelling Code every two years. The Department is required to revise the rules after consultation with the Uniform Dwelling Code Council, which is appointed by the Governor. The code was last updated in December, 1995. This code update series is scheduled for implementation around December 1997.
Part 2. 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:
The following issues were identified by the Department and the Uniform Dwelling Code Council to be in need of review and clarification so as to facilitate application of the rules by homeowners, builders and inspectors.
1. Bedroom definition - Clarify application of bedroom egress, light and ventilation requirements for habitable rooms and basement rooms likely to be used as bedrooms.
2. Safety glazing - Consider adopting Federal Safety Glazing Act standards to make Wisconsin's code more uniform with other neighboring states to facilitate application of these codes by builders and inspectors.
3. Fire Separation - Clarify or establish fire separation requirements between condominiums, 1-2 family dwellings and other buildings/structures on adjacent properties.
4. Egress Hardware - Clarify prohibition of keyed deadbolts in egress doors.
5. Ch. 22 Energy Conservation - Complete work started in 1994 pursuant to directives from the U.S. Department of Energy for states to review their energy standards for compliance with the CABO Model Energy Code 1992.
6. Sump Pumps - Clarify and/or establish new requirements for sump pumps where drainage systems are not required, but systems are fully or partially installed.
7. Draftstopping - Clarify contradictions or conflicts in the existing code with respect to spread of fire through or between firewalls, partitions and floors.
8. Floor stiffness - Clarify definitions of live and dead load requirements related to design of floors supporting kitchens and bathroom cabinets, appliances and fixtures.
9. Inspector Training - Consider increasing inspector training requirements to improve understanding and application of construction codes.
