Analysis Prepared by the Department of Workforce Development
Statutory authority: ss. 49.145(1) and 227.11
Statute interpreted: s. 49.145(1)
The rule excludes income earned from temporary employment with the U.S. Census Bureau in determining W-2 and child care eligibility and child care copayments. Hours of employment with the Census Bureau will be treated the same as other unsubsidized employment in determining hours required for a pro-rata W-2 community service job. Individuals who are working for the Census Bureau full-time will receive case management services.
The federal Administration for Children and Families (ACF) in the Department of Health and Human Services has encouraged states to exempt the temporary income earned by individuals who work on the 2000 Census from eligibility determinations for programs funded by Temporary Assistance to Needy Families (TANF).
Information from ACF stated that “the [Census] Bureau has found that the most effective workers are those recruited from and working in their own neighborhoods." In addition, the Census Bureau web site located at the following web address (http://www.census.gov/jobs2000/www/faqs.html) contains the following information regarding their efforts to recruit temporary workers:
  “The Census Bureau is working with individual states to encourage recipients of Temporary Assistance for Needy Families (TANF) to apply for census positions; states could decide to let TANF recipients hold temporary census jobs without losing their benefits."
  “Historically, the Bureau has always endeavored to hire individuals from the communities in which they live. As a result, the Bureau has always reached out to low income populations, including welfare recipients. While there are no special hiring preferences for welfare recipients, the Bureau works closely with state and local governments as well as community based organizations to actively recruit welfare recipients."
  “The Department of Housing and Urban Development (HUD) has exempted temporary Census 2000 income from the determination of eligibility for subsidized housing residents and Section 8 tenants."
When the Census employment ends, the W-2 agency will be encouraged to work with the participant to find new unsubsidized employment. If appropriate, however, the W-2 agency could place the individual in a subsidized employment position.
Text of Rule
SECTION 1. DWD 12.28 is created to read:
DWD 12.28. Disregard of Year 2000 Census Income. Income earned from temporary employment with the United States Census Bureau shall not be included in determining financial eligibility for Wisconsin works under s. DWD 12.09(3)(b), a child care subsidy under s. DWD 12.26, or the amount of a child care copayment under s. DWD 56.08.
SECTION 2. EFFECTIVE DATE. This rule shall take effect upon publication as provided in s. 227.24(1)(d), Stats.
Initial Regulatory Flexibility Analysis
Privately-run W-2 agencies will be affected by the rule change, but the rule will not have a significant economic impact because there is no material change from current procedures.
Fiscal Impact
Employment with the Census Bureau is short-term and the employment is generally part-time. There is a potential for an increase in child care costs, although an exact estimate is difficult to obtain. There is also the potential that the state could experience decreased cash benefit costs for families taking advantage of this policy while working for the Census.
Written Comments
Written comments on the proposed rules received at the address below no later than May 19, 2000, will be given the same consideration as testimony presented at the hearing.
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
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.
Commerce (CR 99-143):
Chs. Comm 2, 3, 20, 50 to 64, 66, 70, 75 and 90 - Relating to one- and two-family dwellings, commercial buildings and multi-family dwellings.
Commerce (CR 00-9):
Chs. Comm 2 and 5 and ss. Comm 45.07, 82.20, 84.10 and 84.11 to 84.14 - Relating to program revenue fees.
Corrections (CR 97-27):
Ch. DOC 314 - Relating to mental health treatment for inmates.
Employment Relations--Merit Recruitment and Selection (CR 99-167):
SS. ER-MRS 6.08 and 11.04 - Relating to release of examination information and removal of names from employment registers.
Insurance, Commissioner of (CR 00-6):
S. Ins 3.09 (19) - Relating to mortgage guarantee insurance.
Public Instruction (CR 99-169):
Ch. PI 44 - Relating to alternative education grants.
Public Instruction (CR 00-3):
S. PI 6.07 - Relating to public library system aid payment adjustments.
Public Instruction (CR 00-4):
SS. PI 40.055 and 40.056 - Relating to the youth options program.
Public Instruction (CR 00-5):
Ch. PI 35 - Relating to the Milwaukee parental school choice program.
Public Instruction (CR 00-12):
Ch. PI 32 - Relating to grants for alcohol and other drug abuse (AODA) programs.
Public Instruction (CR 00-13):
Ch. PI 10 - Relating to supplemental aid for school districts with a large area.
Public Instruction (CR 00-14):
Ch. PI 24 - Relating to state aid for achievement guarantee contracts and aid for debt service.
Workforce Development (CR 99-164):
Chs. DWD 290 and 294 - Relating to prevailing wage rates.
Workforce Development (CR 99-165):
SS. DWD 12.03, 12.21 and 12.27 - Relating to two-parent families under Wisconsin Works.
Workforce Development (CR 00-24):
S. DWD 290.155 - Relating to the annual adjustment of thresholds for application of the prevailing wage rates for state or local public works projects.
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.
Agriculture, Trade and Consumer Protection (CR 99-5):
An order affecting chs. ATCP 29 and 40, relating to agricultural chemical cleanup surcharge fees.
Effective 06-01-00.
Financial Institutions--Credit Unions (CR 99-145):
An order repealing ch. DFI-CU 52, relating to credit union examinations.
Effective 06-01-00.
Financial Institutions--Credit Unions (CR 99-146):
An order repealing ch. DFI-CU 64, relating to procedures for the public inspection and copying of public records of the Office of Credit Unions.
Effective 06-01-00.
Kickapoo Reserve Management Board (CR 99-124):
An order creating ch. KB 1, relating to the use of the land, water and facilities in the Kickapoo Valley Reserve.
Effective 06-01-00.
Natural Resources (CR 99-22):
An order repealing s. NR 150.03 (8) (a) 1. and ch. NR 170, relating to power plant siting.
Effective 06-01-00.
Natural Resources (CR 99-155):
An order affecting ss. NR 10.01, 10.27 and 10.28, relating to deer hunting in Council Grounds State Park.
Effective 06-01-00.
Veterans Affairs (CR 99-160):
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.