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
Extension Through:
July 27, 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
(Labor Standards, Chs. DWD 270-279)
Rules were adopted revising ch. DWD 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:
In addition to raising the minimum wage to $4.75 per hour on October 1, 1996, and $5.15 per hour on September 1, 1997, the federal Fair Labor Standards Act provides for an “opportunity wage” of $4.25 per hour which may be paid by each new employer to a person under the age of 20 during the first 90 days of employment. The Department's permanent rules to raise the state minimum wage contained provisions creating an opportunity wage that are the same as those of the federal law.
On April 10, 1997, the State Senate Committee on Labor, Transportation and Financial Institutions suspended the portions of
CR 96-181 relating to the opportunity wage. The Department proceeded with formal adoption of the provisions of the rule that were not suspended; the permanent rule changes will become effective on June 1, 1997. On April 17, 1997, the Joint Committee for Review of Administrative Rules (JCRAR) unanimously approved extension of the Department's emergency rule on minimum wage, which includes the provisions on the opportunity wage. The emergency rule extension lasts until June 27, 1997.
The respective votes of the two Legislative committees have caused uncertainty as to whether the provisions relating to the opportunity wage remain in effect through June 27, 1997, or expire on June 1, 1997. The JCRAR has met several times since the standing committee's suspension but its only action on this issue was to extend the emergency rule, which includes the opportunity wage provision. The legal interpretation from the Legislative Council as to the precedence of the emergency rule provision vs. the permanent rule provision has not been definitive.
It appears that the JCRAR will vote in June on the standing committee suspension of the opportunity wage provisions of the permanent rule. If the JCRAR does not concur in the standing committee's suspension, the Department will proceed to promulgate the opportunity wage provisions on a permanent basis. However, due to timelines required for promulgation of permanent rules, this provision would not likely take effect permanently until September 1, 1997. Thus, the delays in action coupled with interpretive uncertainty could result in a regulatory gap that would cause confusion amongst the state's employees and employers over the provisions in effect after June 1, 1997. The Department believes that such uncertainty throughout the state would be undesirable.
In absence of definitive legal opinion or action on the opportunity wage issue by the JCRAR, this emergency rule alleviates uncertainty as to whether the opportunity wage provisions are effective after June 1 by explicitly maintaining their effect. The Department will make every reasonable effort to comply with the JCRAR's intent once action is taken. If the JCRAR affirms the standing committee's suspension, the Department will immediately withdraw the provisions of this emergency rule. If the JCRAR does not affirm the standing committee's suspension, this emergency rule will prevent a gap in coverage of the opportunity wage between the date of JCRAR action in June and the effective date of permanent provisions on the opportunity wage.
This emergency rule also contains a provision that prohibits the displacement of an employee that occurs solely for the purpose of hiring an opportunity employee. This language is similar to a provision of the federal law and was included by the Department because the Senate Committee on Labor, Transportation and Financial Institutions asked that the state rule also contain this provision. This language was originally submitted to the Senate Labor, Transportation and Financial Institutions Committee as a germane modification to CR-96-181 on March 31, 1997. It was the Department's intent to promulgate this provision as part of the permanent rule. However, this provision was inadvertently omitted from the final draft.
Publication Date:
May 31, 1997
Effective Date:
May 31, 1997
Expiration Date:
October 29, 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
Statements of Scope of Proposed Rules
Corrections
Subject:
DOC Code - Rules relating to secure work crews.
Description of policy issues:
Statement of the objective of the proposed rule:
It is anticipated that the proposed administrative rule will make permanent an emergency rule which states the purpose, applicability, organization, and operation of secure work programs for inmates. The rule will also provide definitions, eligibility requirements for inmates to participate in the program, the rate of inmate pay, and also provide a review of the inmate's work program assignment.
Statement of the existing relevant policies and new policies proposed and analysis of policy alternatives:
The existing relevant policies are contained in an emergency rule which is in effect for secure work crews for inmates. It is anticipated that the proposed permanent rule will be identical or similar to the emergency rule. It is anticipated that the policies will not change, but that the emergency rule will be made into a permanent rule.
The policies of the organization of the secure work program include the requirement that the inmate's participation in the secure work program be approved by the warden of the correctional facility to which the inmate is assigned. The policies also provide that an individual work crew may consist of a maximum of 12 inmates, that the work crew members shall be restrained by individual chain leg restraints, and that the inmates may be required to wear electronic stun belts or utilize other security technology. The secure work crew shall be supervised by two correctional officers, and at least one correctional officer shall be armed. The Department determined that the safety of the public, the inmates, and the security officers could only be maintained with these security measures. The warden approves the inmates selected to the program so that inmates who would pose a great risk to the public would not be allowed to participate in the secure work program. The Department determined that each work crew should be limited to 12 inmates for security and safety concerns. The Department determined that the leg restraints would be necessary to prevent inmates from escaping and from harming members of the public, correctional officers, themselves, or other inmates. Inmates may be required to wear electronic stun belts or other security technology if the Department determines that it is necessary for security reasons. Also, at least one of the correctional officers supervising the work crew shall be armed. This requirement is also intended to protect the public by reducing the risk of an escape.
The proposed permanent rule would require an inmate to have a security classification of medium, minimum or minimum security- community residential confinement in order to be eligible for a secure work program assignment. The proposed permanent rule will allow: 1) inmates in the intensive sanctions program who are sanctioned back to prison; and 2) probationers and parolees being held in custody (as an alternative to revocation) to be eligible for a secure work program assignment. The proposed permanent rule also would allow inmates to be assigned to the secure work program as a disciplinary disposition if the inmate otherwise is eligible for participation in the program. The Department determined that it would be preferable to allow as broad an inmate population as possible to participate in the secure work program without compromising security and safety concerns.
The proposed permanent rule would provide that inmates would be assigned to work outside the secure perimeter of the correctional institution to which the inmate is assigned and that the work assignments would include roadside cleaning, snow removal, construction projects and community service projects. The Department determined that these activities are commensurate with the abilities of most inmates, would provide work opportunities for the inmates and would provide service to the community. Section 303.063 (2), Stats., states that the Department's rules shall require that the inmates who are on work assignments under this program must wear distinctively colored outergarments. The proposed permanent rule complies with this statutory requirement.
Statement of the authority for the rule:
Sections 301.02, 301.03, and 303.063, Stats.
Staff time and administrative costs to develop the rule:
It is anticipated that the permanent rule will be identical or at least similar to the emergency rule. The emergency rule will be used as the basis for the permanent rule. There may be some changes made based on the legislative council report or based upon public comments. It is anticipated 10 hours of staff time may be necessary to develop the permanent administrative rule.
Hearing and Speech Examining Board
Subject:
HAS Code - Relating to recordkeeping by hearing instrument specialists.
Description of policy issues:
Objective of the rule:
To describe what records must be kept by a hearing instrument specialist for patients who are fitted for hearing instruments.
Policy analysis:
Current Hearing and Speech Examining Board administrative rules do not contain any requirements for keeping patient records. Because of the lack of those requirements in the rules, hearing instrument specialists are not keeping good and complete patient records. These rules will specifically identify what information needs to be kept by hearing instrument specialists for their patients.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2) and 459.12 (1), 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:
5 hours
Medical Examining Board
Subject:
Med Code - Relating to dispensing or prescribing of controlled substances for the treatment of obesity.
Description of policy issues:
Objective of the rule:
To establish standards for prescribing of controlled substances for treatment of obesity. The rule would revise the definition of unprofessional conduct to include prescribing or dispensing anorectic drugs, Schedules III through V, for the purpose of weight reduction or control in the treatment of obesity unless certain conditions are met.
