Public Defender
Notice is hereby given that pursuant to s. 977.02 (2m) and (3), Stats., and interpreting s. 977.07, Stats., the Office of the State Public Defender will hold a public hearing at 315 North Henry Street, 2nd Floor, in the city of Madison, Wisconsin, on the 27th day of October, 1997, from 9:00 a.m. to 11:00 a.m. to consider a proposed rule related to the calculation of indigency. Reasonable accommodations will be made at the hearing for persons with disabilities.
Analysis
Statutory authority: s. 977.02 (2m) and (3)
Statute interpreted: s. 977.07
The proposed rule establishes the criteria to be used when determining whether a Wisconsin works (W-2) participant qualifies for public defender representation. Specifically, PD 3.038 (2) is amended to state that if a person's only income is from a W-2 employment position under ss. 49.148 (1) (a), (b), or (c), Stats., or from the W-2 benefits provided under s. 49.148 (1m), Stats., that person shall be determined indigent. It should be noted that if a W-2 participant is engaged in unsubsidized employment, as defined in s. 49.147 (1), Stats., eligibility would be governed by the criteria set forth in ss. PD 3.02, PD 3.03, and PD 3.038 (1).
In addition, the references to AFDC, relief of needy Indian persons, and general relief have been deleted from the rule and a reference to relief as defined in s. 49.01 (3), Stats., has been added to the rule.
Finally, it should be noted that although the reference to AFDC is deleted under the proposed rule, persons who continue to receive AFDC until March 1, 1998, as provided under s. 49.19 (20), Stats., will be determined indigent pursuant to the rule's provision “any other similar public needs-based financial assistance program.”
Text of Rule
SECTION 1. PD 3.038 (2) is amended to read:
PD 3.038 (2) If a person's only income is aid to families with dependent children under s. 49.19 (11) (a)1., Stats., relief of needy Indian persons under s. 49.046, Stats., from one or more of the following sources, that person shall be determined indigent: a Wisconsin works employment position under ss. 49.148 (1) (a), (b), or (c), Stats., Wisconsin works benefits under s. 49.148 (1m), Stats., supplemental security income for the aged, blind, and disabled under 42 USC 1381-1383c, relief as defined in s. 49.01 (3), Stats., or a
any other similar federal or state public needs-based financial assistance program, or general relief as defined in s. 49.01 (5m), Stats., that person shall be determined indigent.
Initial Regulatory Flexibility Analysis
This rule would not have a regulatory effect on small businesses.
Fiscal Estimate
In essence, the amendment to PD 3.038 (2) is technical in nature because it replaces language related to AFDC with language related to W-2. Based on the following, the SPD does not expect much of a fiscal effect as a result of the rule's amendment:
First, the SPD represented persons who received AFDC. Because W-2 replaces AFDC, the number of W-2 participants the SPD will represent should be similar to the number of AFDC recipients previously represented by the SPD. Also, the number of AFDC recipients represented by the SPD has decreased over the years, primarily because the SPD no longer represents CHIPS parents. Therefore, the SPD expects that the number of W-2 participants it will represent will likewise be small.
Contact Person
For a copy of the proposed rule, or if you have questions, please contact Gina Pruski, Deputy Legal Counsel, 315 North Henry Street, Madison, WI 53703-3018; (608) 266-6782.
Written Comments
Written comments regarding this rule may be submitted in addition to or instead of verbal testimony at the public hearing. Such comments should be addressed to the contact person at the address stated above, and must be received by October 27, 1997.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Chs. Comm 18 and ILHR 51, 52, 66, 69 and 70 - Relating to barrier-free design requirements for public buildings and places of employment.
Ch. DOC 311 - Relating to the placement of inmates in observation status for mental or medical health reasons.
Ch. DOC 332 - Relating to sex offender registration and community notification.
Ch. DOC 304 - Relating to the inmate secure work program.
Ch. NR 18 - Relating to falconry.
Chs. NR 500 and 502 and ss. NR 503.10, 506.095, 506.18, 507.02 and 516.04 - Relating to solid waste management.
S. NR 37.04 - Relating to timber cutting on lands adjacent to the Lower Wisconsin State Riverway.
Ch. NR 45 and s. NR 51.91 - Relating to regulating public use of state parks, forest and other public lands and waters under the Department's jurisdiction.
SS. NR 400.02 and 406.04 and ch. NR 407 - Relating to the air permit program.
S. NR 10.12 (11) - Relating to harvest information program.
SS. NR 10.001, 10.01 and 10.125 - Relating to the 1997 migratory game bird season.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Financial Institutions--Credit Unions
(CR 97-49):
An order affecting ch. CU 54 (ch. DFI-CU 54), relating to real estate mortgage loans in credit unions.
Effective 11-01-97.
Financial Institutions--Credit Unions
(CR 97-50):
An order repealing ch. CU 55 (ch. DFI-CU 55), relating to credit union check cashing, money orders, and traveler's checks.
Effective 11-01-97.
Financial Institutions--Credit Unions
(CR 97-51):
An order repealing ch. CU 57 and creating ch. DFI-CU 57, relating to retention of credit union books and records.
Effective 11-01-97.
Financial Institutions--Credit Unions
(CR 97-52):
An order affecting ch. CU 70 (ch. DFI-CU 70), relating to retention of credit union books and records.
Effective 11-01-97.
An order affecting chs. EAB 1, 4, 5, 6, 7, 8, 9 and 10, relating to approving and licensing schools and programs, setting fees, advertising, setting bond levels, defining tuition refund policy and procedures, outlining complaint procedures, mandating records retention and all matters related to oversight of approved postsecondary educational institutions.
Effective 12-01-97.
An order repealing and recreating s. Ins 18.07 (5) (bg), relating to an increase in 1997-98 premium rates for the Health Insurance Risk-Sharing Plan (HIRSP).
Effective 11-01-97.
An order amending ss. Trans 206.02 (1) and 206.03 (12) (c) 3, relating to the local roads improvement program.
Effective 11-01-97.
An order affecting ch. Trans 305, relating to standards for vehicle equipment.
Effective 11-01-97.
The following administrative rule orders have been adopted and published in the September 30, 1997
Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
An order repealing and recreating ch. DOC 326, relating to leave for qualified inmates.
Effective 10-01-97.
