Renumber and make nonsubstantive technical changes to current rules.
Preliminary policy analysis:
The Department proposes to do the following:
○ Renumber ch. ATCP 2 (Farm Mediation and Arbitration Program) to ch. ATCP 162, to fit the current organizational structure of the Department. The farm mediation and arbitration program was recently moved to the Department's Marketing Division. The renumbering will have no substantive effect on the program.
○ Renumber ch. ATCP 45 (Sustainable Agriculture Program) as a subchapter of ch. ATCP 161 (Agricultural Development and Market Promotion), to fit the current organizational structure of the Department. The sustainable agriculture program was recently moved to the Department's Marketing Division, and consolidated with other agricultural grant programs. The renumbering will have no substantive effect on the program.
○ Renumber Jus 2 (Notice of Renter Liability; Rental of Passenger Vehicles) to ch. ATCP 118 and make minor amendments. As part of a consolidation of consumer protection programs, 1995 Wis. Act 27 transferred the car renter liability notice law from the Department of Justice to the Department of Agriculture, Trade and Consumer Protection. This rule will implement the consolidation without making any substantive changes in the current rule.
○ Update current technical standards incorporated by reference in ch. ATCP 50, Wis. Adm. Code (Soil and Water Resource Management Program). The current rules incorporate technical standards adopted by the Natural Resource Conservation Service of the U.S. Department of Agriculture. This rule will incorporate recent changes in the NRCS standards.
○ Make other nonsubstantive technical changes, as necessary.
Policy alternatives:
○ No Change. If the Department does not make the proposed changes, its rules will not reflect the current organization of the Department and will be technically outdated.
Statutory authority:
The Department proposes these rule modifications under authority of ss. 92.05 (3) (c), 93.07 (1) and 344.576 (3) (c), Stats.
Staff time required:
The Department estimates that it will use approximately .1 FTE staff time to modify this rule. This includes research, drafting, preparing related documents, holding public hearings and communicating with affected persons and groups. The Department will use existing staff to develop this rule.
Commerce
Ch. Comm 14 - Relating to fire department dues entitlement and records of fires.
Description of policy issues:
Description of the objective of the rule:
The objective of the rule is to clarify the responsibilities of fire department relative to the fire department dues entitlement program and the fire incidence reporting process.
Proposed rules will be developed to specify the procedures and conditions that fire departments must comply with in order for them to receive their fire dues distribution. For example, a fire department would not be eligible to receive its fire dues distribution if it has not conducted its fire prevention inspections within the proper time window.
Proposed rules will also codify the requirements that fire departments must follow in reporting fire incidents to the Department of Commerce.
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:
A. Dues Entitlement.
Existing policies for the fire dues entitlement program follow the mandates in sections 101.14, 101.573 and 101.575 of the Wisconsin Statutes. The proposed rule will codify these policies.
B. Records of Fires.
Existing policies for reporting of fires by fire departments allow the departments to use any one of 3 reporting methods, with the reports to be received by the Department of Commerce by January 15 for the previous year. This rule project will evaluate reporting methods.
Statutory authority for the rule:
A. Dues Entitlement -- Sections 101.14, 101.573 and
101.575, Stats.
B. Records of Fires -- Section 101.141, 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:
The rule will be developed with the assistance of a citizen advisory Fire Safety Code Council and 2 Task Groups. Time will be spent forming the Council and Task Groups, meeting with the Council and Task Groups, and then drafting and processing 2 rule packages through public hearings and legislative review. An estimate of the time that state employes will spend to develop the rule is as follows:
Research and Council/Task Group meetings time 430 hours
Rule drafting time 80 hours
Rule promulgation time 240 hours
Total 750 hours
Commerce
Subject:
S. Comm 108.21 (1) (f) - Relating to funding emergency grants under the Community Development Block Grant Program.
Description of policy issues:
Description of the objective of the rule:
This rule will allow the Department of Commerce to award emergency grants to communities experiencing a natural disaster or catastrophic event, such as a flood or tornado, using other state or federal grants as a match.
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:
Earlier this year, the Department revised the rules related to the Community Development Block Grant Program which take effect on November 1, 1997. The proposed rule will allow the Department to use grants from the Federal Emergency Management Administration (FEMA) and the state Division of Emergency Management (DEM) for emergency projects and respond in a more timely manner to the needs of the citizens of this state in times of an emergency.
Statutory authority for the rule:
SS. 16.54, 560.02 (4), and 560.04 (2) (j), Stats., and 42 USC 5301 to 5319
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
An estimate of the time state employes will spend to develop the rule is as follows:
Rule Drafting Time and Internal Processing Time
to Announce a Public Hearing 8 hours
Conducting Public Hearing and Summarizing
Comments 10 hours
Preparing Rules in Final Draft Form for
Legislative Review 8 hours
Meet with Legislators on Proposed Rule 12 hours
Prepare Rule for Adoption and File Adopted Rule 4 hours
Total 42 hours
Health and Family Services
Subject:
Ch. HFS 138 - Relating to subsidy of health insurance premiums for people with HIV infection.
Description of policy issues:
Description of objectives:
Chapter HSS 138 is being modified for the purpose of incorporating changes to ss. 252.16 and 252.17, Stats., included in 1997 Wis. Act 27.
Description of policies:
Provisions of the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986, PL 99-272, require employers to allow certain individuals to continue coverage under group health insurance plans. Under these provisions, certain individuals can maintain their coverage for up to 29 months after leaving work. This group health insurance extension requirement is commonly referred to as the COBRA continuation provision.
The Department of Health and Family Services (DHFS) currently administers a program under ss. 252.16 and 252.17, Stats., that pays the premium costs for COBRA continuation coverage for individuals who have human immunodeficiency virus (HIV) infection and who are unable to continue work due to their illness. To be eligible for the program, an individual must:
(a) Be a state resident;
(b) Have a family income that does not exceed 200% of the federal poverty level (FPL);
(c) Submit to DHFS certification from a physician that the individual has HIV infection and has had employment terminated or hours of work reduced because of an illness or medical condition arising from or related to the HIV infection; and
(d) Be eligible for continuation coverage.
Individuals who are eligible for Medicare are not eligible for the continuation program. DHFS is authorized to pay premiums until the individual's continuation coverage ceases or until the expiration of 29 months after his or her continuation coverage began, whichever occurs first.
Changes to the program made by the 1997-99 biennial budget act include the following:
Coverage for Policies Other than Continuation Coverage. DHFS is directed to pay the premium costs for any health insurance coverage, including individual or group policies and Medicare supplement policies, but not for Medicare replacement policies and long-term care insurance policies. In addition, the revised statutes specify that eligible group and individual health insurance policies will be subsidized, regardless of whether they are single or family plans.
Delete Time Limits of Premium Subsidy Benefits. DHFS is directed to pay premium subsidies for an individual as long as he or she remains eligible for the program and has coverage. This will lift the current 29 month time limit on premium subsidy benefits.
Income Eligibility. The revised statutes expand participation in the program to individuals with income up to 300% of the federal poverty line (FPL) for a family of that size. The current income eligibility standard is 200% of the FPL. The revised statutes direct DHFS to establish a premium contribution schedule for individuals participating in the program in families with income between 200% and 300% of the FPL. In developing the premium contribution schedule, the amended statute directs DHFS to take into consideration both income and family size.
Statutory authority:
Sections 252.16 and 252.17, Stats.
Staff time needed to develop rules:
80 hours.
Natural Resources
Subject:
NR Code - Relating to developing rules for the administration of a forest fire protection grant program.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
To codify a fire organizations (Fire Departments/County Fire Associations, etc.) grant administration process. The rules will identify the application process, the eligibility criteria and records required for accountability purposes for the grants.
This action does not represent a change from past policy.
Explain the facts that necessitate the proposed change:
The rules are being developed to administer a statutory grant program that is as part of the 97/99 budget. Now with legislative approval, the Department proposes to initiate a new voluntary grant program for those fire organizations (Fire Departments/County Fire Associations, etc.) who have signed Memorandums of Understanding with the DNR to help in the fighting of forest fires. These grants will be for the purchase of various types of equipment that can be used for various types of forest firefighting services.
