Lake Classification Technical Assistance Projects allow up to $200,000 per grant to nonprofit corporations to provide technical and educational assistance in lake classification projects. These grants do not have a specified cost-share limit.
Counties, local units of government and lake management organizations, real estate and land development interests, fishing and boating interests are likely to be interested in this issue.
This action does not represent a change from past policy.
Explain the facts that necessitate the proposed change:
New enabling legislation requires rules development to administer new grant category.
Statutory authority:
S. 281.69, Stats.
Anticipated time commitment:
The anticipated time commitment is 166 hours. Three public hearings will be held on March 16, 17 and 18, 1998 in Spooner, Rhinelander and Waukesha.
Public Defender
Subject of proposed rule:
Section PD 3.02 (1) - Relating to the cost of retained counsel.
Description of policy issues:
The proposed rule will establish a separate cost of counsel amount for chapter 55 (protective placement) cases. Under the current cost of retained counsel schedule, the cost of counsel for chapter 55 and chapter 51 cases is the same.
A time study conducted by the State Public Defender's Office revealed that chapter 55 cases are more complicated and time-consuming than chapter 51 cases and, in fact, that chapter 55 cases equate with felony cases. Also, the SPD's present collections amounts and trial division case weights for chapter 55 cases are the same as those for felony cases. The amendment to s. PD 3.02 (1) will make the cost of counsel amount for chapter 55 cases consistent with felony cases.
Statutory authority for rule:
Section 977.02 (3), Stats.
Anticipated time commitment:
10 hours
Tourism
Subject:
Ch. Tour 1 - Relating to the joint effort marketing program.
Description of policy issues:
Description of the objectives of the rule:
The objective of the rule is to amend ch. Tour 1 to create a new category of funding for destination marketing initiatives that are not necessarily related to an event, but which enlarges the market for the area, to insure that funds are available throughout the fiscal year, and to alter the membership of the group that advises the Department on joint effort marketing applications.
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 Joint Effort Marketing program provides for grants to non-profit organizations engaged in tourism activities. Grant funds may be used for the development of publicity, the production and media placement of advertising and direct mailings that are part of a project and overall advertising plan of the applicant organization intended to increase tourism in Wisconsin.
The proposal would create a new category of funding for destination marketing that is not tied to an event or promotion, but which is directed at extending the tourism market for the applicant and which has been identified by the Department as an extended market for the state.
The proposal limits the percentage of funding that may be committed during the first 3 quarters of each fiscal year so that funds will be available throughout the fiscal year.
The proposal would alter the makeup of the group that advises the Department on applications submitted under the current Joint Effort Marketing Rules.
The policy alternatives are to limit funding primarily to projects related to events and promotions according to the current rules or to expand the availability of funding to expand funding to marketing directed at extended markets. The rule can either retain the existing makeup of the advisory group or change the composition so that it always reflects a variety of current tourism interests. Finally, the rule can either leave the Department free to commit funds without a time restriction or it can limit the funding that may be committed during the first 3 quarters so that there are funds available throughout the year.
Statutory authority for the rule:
The statutory authority for the rule is s. 41.17 (4) (g), Stats.
Estimate of the amount of time state employes will spend to develop the rule and other resources necessary to develop the rule:
The Department estimates that it will take approximately 30 hours of staff time on the rule, which includes discussing the rule with the Council on Tourism and interested members of Wisconsin's tourism industry.
Veterans Affairs
Subject:
Chs. VA 2, 3, 4, 9, 11 and 13 - Relating to revising rules applicable to state veterans benefits.
Description of policy issues:
Objective of the rules:
Upon enactment of 1997 Wis. Act 27, the legislature modified various state veterans benefit programs. Specifically, the economic assistance loan program was terminated; the health care aid grant program was reinstated; the primary mortgage housing loan program was amended to permit additional funding through the use of taxable bond proceeds; the retraining grant program was amended to provide grants to veterans who participate in on-the-job training programs; and the Department was authorized to charge fees for transitional housing and other assistance under the veterans assistance program. The proposed rules will permit the Department to fully implement these legislative initiatives.
Policy analysis:
In relation to the defunct economic assistance loan program, the Department will repeal those portions of the administrative code no longer necessary. Provisions relating to the administration of the existing loan portfolio will be retained.
In relation to the health care aid grant program, the Department will identify the requirements relating to the term “certificate of entitlement” as required by the new statutory language. Additionally, references to prior authorization will be deleted. Finally, expenditure limitations regarding retroactivity and specific services will be defined, so that expenditures will be limited to the expenditure authority provided in 1997 Wis. Act 27.
In relation to the primary mortgage housing loan program, the Department must codify certain requirements applicable to the portion of the program funded by tax exempt bond proceeds, so that the requirements are also applicable to loans funded by the newly-authorized taxable bond proceeds. Additionally, code language is needed to define the terms “dependent child” and “creditworthy guarantor,” both of which are applicable as a result of the enactment of 1997 Wis. Act 27.
In relation to the retraining grant program, requirements for eligible on-the-job training programs will be identified. This is explicitly required by the amended statutory language.
Finally, in relation to the veterans assistance program, 1997 Wis. Act 27 authorizes the Department to charge fees for services under a fee schedule established by the rules. The proposed rules will implement this directive.
Statutory authority:
Sections 45.35 (3), 45.351 (1j), 45.357 (2), 45.397 (2) (a) and 45.73 (1), Stats.
Estimate of the amount of state employe time and other resources necessary to develop the rule:
Approximately 40 staff hours.
Workforce Development
Subject:
Ch. DWD 60 - Relating to the business enterprise program.
Description of policy issues:
Description of the objective of the rules:
Federal law provides individuals who are legally blind a preference for operating supervised vending facilities on federal property. Chapter DWD 60 was adopted to establish the state business enterprise program (BEP) to be consistent with the federal program.
BEP trains operators and licenses these individuals to operate vending enterprises. BEP also conducts training and development programs for licensed operators, conducts performance reviews of supervised operators and can suspend or terminate the license of an operator who fails to conduct business in accordance with s. DWD 60.
Federal requirements include consultation with an advisory committee elected by the operators regarding program decisions. BEP decisions are subject to an appeal process and involve review and comment by the operator's committee.
There are also other technical changes in ss. DWD 60.10, DWD 60.12 and in the agreement which were prompted by program experience in the Department of Health and Family Services, but which were tabled, due to the reorganization of state government.
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:
In response to federal requirements for appeals in the vocational rehabilitation program, the BEP operator's committee has recommended that s. DWD 60.05 be revised to give the hearing officer in BEP appeals the same authority as hearing officers in other appeals of DVR decision. This would also provide BEP operators with the same protection given other DVR clients in that the decision of the hearing officer is final unless the Division administrator acts to modify the hearing officer's decision for reasons clearly based on existing law. The proposed revision of s. DWD 60.05 would protect the operator from modification of a hearing officer's decision for reasons outside of reasons specifically required by law.
The changes in ss. DWD 60.10, DWD 60.12 and in the agreement were suggested following technical problems which arose when the Department of Health and Family Services was attempting to correct the behavior and performance of an operator.
Statutory authority:
s. 47.02, Stats., Vocational Rehabilitation
s. 47.03, Stats., Specialized Programs for Handicapped Persons
Estimate of the amount of state employe time and other resources necessary to develop the rule:
The time estimated to develop and implement the proposed changes is 100 hours.
Workforce Development
Subject:
Ch. DWD 65 - Relating to order of selection for vocational rehabilitation services.
Description of policy issues:
Description of the objective of the rules:
This rule establishes criteria and procedures for the state-federal vocational rehabilitation program for an order of selection based on functional limitations. The order of selection criteria are designed to ensure that individuals with more severe disabilities are served before individuals with less severe disabilities.
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 DWD 65.07 (2) requires that a vocational rehabilitation supervisor countersignature the vocational rehabilitation counselor (VRC) decision as to the category to which best describes the functional limitations of an applicant.
The Division is proposing a plan for increased delegation of authority to VRC's, based on ongoing performance reviews to allow VRC's to sign certifications for eligibility, order of selection, services requests and other vocational rehabilitation program documents, which include the identification of the order of selection category.
Section DWD 65.07 (2) is proposed for elimination as part of the implementation of the decision to delegate authority for this program decision to specific VRC's.
Other minor technical changes are also proposed to conform this rule to language in federal regulations.
Statutory authority:
The State of Wisconsin operates the vocational rehabilitation program under authority of s. 47.02, Stats. This section of the statutes provides for the state program to follow federal requirements as a condition of receiving federal matching funds authorized under the Rehabilitation Act of 1973, as amended, 29 USC 701, et seq.
Estimate of the amount of state employe time and other resources necessary to develop the rule:
If the proposed change is approved, the estimated time to develop this rule, implement the proposed delegation and train affected staff in their responsibilities is 100 hours.
