Rule-making notices
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1) and
(15),
101.055,
101.09 (3),
101.12 (3),
101.14 (1) and
(4),
101.17,
101.175,
101.19,
101.82 (1),
101.973 (1),
145.02 (2), and
145.26, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to construction of public buildings and places of employment.
The public hearing will be held as follows:
Date and Time: Location:
January 4, 2002 Thompson Commerce Center
Friday Third Floor, Room 3B
9:30 a.m. 201 West Washington Avenue
Madison, Wisconsin
Analysis prepared by the Department of Commerce
Statutory Authority: ss.
101.02 (1) and
(15),
101.055,
101.09 (3),
101.12 (3),
101.14 (1) and
(4),
101.17,
101.175,
101.19,
101.82 (1),
101.973 (1),
145.02 (2), and
145.26, Stats.
Statutes Interpreted: ss.
101.02 (1) and
(15),
101.055,
101.09 (3),
101.12 (3),
101.14 (1) and
(4),
101.17,
101.175,
101.19,
101.82 (1),
101.973 (1),
145.02 (2), and
145.26, Stats.
Under the statutes cited, the Department protects public health, safety, and welfare by promulgating construction and fire safety requirements for public buildings and places of employment. Currently, these requirements are primarily contained in chapters Comm 50 to 64, 66, and 69. Through rules which were adopted by the Department on September 10, 2001, and which will become effective on July 1, 2002, those chapters are being replaced with chapters Comm 61 to 65.
Numerous other Commerce codes administered by the Department contain cross references to the construction and fire safety requirements in chapters Comm 50 to 64, 66, and 69. This rule package converts all of those cross references to chapters Comm 61 to 65, and is projected to have a simultaneous effective date of July 1, 2002.
This rule package also includes the following changes to chapters Comm 61 to 65, and several minor clarifications for chapters Comm 14 and 61 to 65:
1. Comm Table 61.30-3, which lists the fire protection systems that must receive plan approval from the Department or an authorized representative prior to installation, is expanded to include fire protection systems in (a) buildings exceeding 60 feet in height, (b) state-owned buildings except hospitals and nursing homes, and (c) mercantile buildings which combine retail areas with rack storage and which have floor areas exceeding 50,000 square feet.
2. Code text and informational notes in chapters Comm 62 to 65 that pertain to incorporation of several nationally recognized standards are modified to be consistent in each chapter.
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until January 16, 2002, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Sam Rockweiler, Department of Commerce, Bureau of Budget and Policy Development, P.O. Box 2689, Madison, WI 53701-2689.
This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
Department of Commerce
RULE NO.: Comm 2, 3, 5, 7, 9, 10, 14, 16, 30, 32, 34, 41, 45, 61 to 65, 71, 75, 81, 82, 84, 90, and 91, relating to:
Construction of Public Buildings and Places of Employment.
1. Types of small businesses that will be affected by the rules.
Builders and owners of commercial buildings and places of employment.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Some additional documentation may be needed to obtain approvals from the Department or authorized agents for the fire protection system plans that are addressed by the rules.
3. Types of professional skills necessary for compliance with the rules.
No additional skills.
Fiscal Estimate
The department is promulgating minor changes that primarily relate to administering the Commercial Building Code and numerous other Commerce codes that contain cross references to that code. These changes are expected to have no significant long-term impacts on costs or revenues at either state or local levels.
The proposed rules and an analysis of them are available on the Internet at the Safety and Buildings Division web site at
www.commerce.state.wi.us/SB/SB-HomePage.
Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689. Email rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 and
101.025, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to ch.
Comm 64, Heating, Ventilating, and Air Conditioning.
The public hearing will be held as follows:
Date and Time:
Wednesday, January 16, 2002
1:00 p.m.
Location:
T.G. Thompson Commerce Center
201 West Washington Ave., Rm. 3B
Madison, WI
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until Friday, January 25, 2002, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to:
Jean M. MacCubbin
Code Consultant
Department of Commerce
Div. of Administrative Services
P.O. Box 2689
Madison, WI 53701-2689
Analysis prepared by the Department of Commerce
Under s.
101.025, Stats., the department authority includes requirements for the intake of outside air for ventilation in public buildings or places of employment; the establishment of minimum quantities of outside air that must be supplied based upon the type of occupancy, the number of occupants, areas with toxic or unusual contaminants; and other pertinent criteria determined by the department. The department shall set these standards for mandatory intake of outside air and provisions where these standards may be waived.
The proposed revisions to ch.
Comm 64, relating to heating, ventilating and air conditioning and the Wisconsin changes, additions or omission to the International Mechanical Code
® (IMC), are primarily related to air-handling systems, particularly ventilation and filtration requirements, located in specific hospital and healthcare occupancies in conformance with specifications contained in the Guidelines for Design and Construction of Hospitals and Health Care Facilities published by the American Institute of Architects (AIA).
Section
Comm 64.0309 is proposed to clarify that minimum temperatures are required to be maintained during occupancy. Section
Comm 64.0401 recognizes that engineered systems are also an option when addressing the location of outdoor air intakes. One change to Table 64.0403 prohibits the use of natural ventilation for make up air in health care facilities. Section
Comm 64.0604 is proposed to provide requirements in addition to IMC section 604 and 604.8 limiting the use of certain duct linings so as to mitigate fungal and microbial growth. Section
Comm 64.0605 (1) clarifies the specific sections in the AIA Guidelines where filtration is stipulated. Section
Comm 64.0900 is proposed to be created to clarify the use of final filters in duct humidifiers.
The proposed rule revisions were developed with the assistance of the HVAC Advisory Code Council. The Council consists of the following individuals: Timothy J. Gasperetti, representing the Building Owners and Managers Association of Milwaukee; Kevin Lichtfuss, representing the Wisconsin Association of Consulting Engineers; Michael Mamayek, representing the Plumbing and Mechanical Contractors of SE Wisconsin; Ken Pavlik, representing the Wisconsin Builders Association; Richard J. Pearson, representing the Wisconsin Chapter ASHRAE; Robert Pertzborn, representing the Wisconsin Association of Plumbing, Heating and Cooling Contractors, Inc.; David Stockland, representing the Associated Builders and Contractors of Wisconsin Ltd; Harry A. Sulzer, representing the League of Wisconsin Municipalities; and Robert D. Wiedenhoefer, representing the Sheet Metal and Air Conditioning Contractors Association of Wisconsin, Inc.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Environmental Assessment
Notice is hereby given that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:
Jean M. MacCubbin
Code Consultant
Department of Commerce
Div. of Administrative Services
P.O. Box 2689
Madison, Wisconsin 53701
Telephone (608) 266-0955 or TTY (608) 264-8777
Written comments will be accepted until Friday, January 25, 2002.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
All healthcare facilities currently are required to comply with the Guidelines for Design and Construction of Hospitals and Health Care Facilities published by the American Institute of Architects (AIA) for heating, ventilating and air conditioning as adopted in
clearinghouse rule 00-179. This rule revision adds some additional minor requirements.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
None known.
3. Types of professional skills necessary for compliance with the rules.
The rule revisions are specific to air-handling systems, particularly ventilation and filtration requirements, located in specific hospital and healthcare occupancies in conformance with specifications contained in the Guidelines for Design and Construction of Hospitals and Health Care Facilities published by the American Institute of Architects (AIA).
There are no known additional professional skills, above and beyond those now required in ch.
Comm 64, required with these revisions.
Fiscal Estimate
The department currently administers a code on this topic. There are no new administrative activities required to implement this rule revision. There are no additional costs or revenues associated with implementing this rule revision.
Copies of Rule and Contact Person
Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.14 (4m) and
227.17, Stats., the Department of Commerce will hold public hearings on proposed rules relating to Community Development Block Grant Program.
The public hearing will be held as follows:
Date and Time: Location:
Wednesday, January 16, 2002 T.G. Thompson Commerce Center (WHEDA Bldg.)
9:00 a.m. 3rd Floor, Conf. Rm. 3B
201 West Washington Ave.
Madison, WI
Analysis prepared by the Department of Commerce
Statutes interpreted:
s.
560.045, Stats.
Under s.
560.045, Stats., the Department of Commerce has the responsibility of accepting and evaluating applications, and awarding grants. One mechanism of the Department in fulfilling this responsibility has been the promulgation of rules for the state community development block grant program, ch.
Comm 108.
This rule revision relates to changes in definitions which occurred in the
1999 Wis. Act 9; additional program funds now available from U.S. Housing and Urban Development (HUD); revising the application schedule on a continuing basis; and updating the process of scoring applications.
Currently public facility grants to eligible communities are awarded annually. Under this proposal, grants can be awarded throughout the year making it easier for communities to prepare and submit their proposals.
A number of definitions have been updated to reflect changes in Statutory citations, to include the complete definition as a Note for the user, and to clarify terms that may have been used inter-changeably in the previous edition of the code.
The rule revisions reflect the expansion of funding programs for public facilities planning to issue grants to eligible local governments for public facilities planning up to $12,500 per plan.
Some sections relating to the scoring of applications are being amended to reflect the intent of both the issue as well as staff experience with ranking applications.
Other minor revisions throughout the chapter relate to code clarification, Statutory notes, and rule format.
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until January 25, 2002, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.
Written comments should be submitted to:
Jean M. MacCubbin, Department of Commerce
Administrative Services Division
P.O. Box 2689
Madison, WI 53701-2689
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Environmental Assessment
The proposed administrative code revision is categorized in ch.
Comm 1, WEPA, Table 1.11-2 and determined to be a Type II action.
The proposed action is administrative in nature and has no potential direct effects on the quality of the human environment. Its direct effects on the human environment are positive in that it will provide more efficient environmental analysis and review of department actions in compliance with WEPA and NEPA policies and guidelines. The Department considers this action to have no potential for significant adverse impact.
The Department acknowledges that some projects funded in part by CDGB may require compliance with local, state or federal environmental review conducted by the applicant, which may be a unit of government, organization, business or individual. The Department acknowledges that it is not the sole decision maker in a project funded in part by CDGB.
The Department also acknowledges that some projects funded in part by CDBG may involve new development or rehabilitation and an application for rezoning and/or a conditional use permit at the local level. As specified in ch.
Comm 1, these actions may be determined to be Type III actions. All CDBG approvals by the department contain conditions that each project shall, when necessary, comply with all applicable local, state and federal requirements.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rule revisions are subject to eligible local governmental units only.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The reporting, bookkeeping and other procedures required for applicants or eligible local governmental units are expected to be more user-friendly, in that applications may be made throughout the year and that specific grant award requirements, scoring and award amounts are more clearly communicated in the rule and application materials.
The ability for an eligible local governmental unit to apply for CDGB funding throughout the year should serve as a valuable benefit for local government planning.
3. Types of professional skills necessary for compliance with the rules.
The rule revisions includes the ability to apply for various planning grants; no additional professional skills are expected to be required by applicants or eligible local governmental units.
Fiscal Estimate
The proposed rule revisions are specific to the processes and procedures in administration the federal funds, U.S. Housing and Urban Development (HUD). Eligible local units of government may be recipients of these funds.
Notice of Hearings
NOTICE IS HEREBY GIVEN That pursuant to ss.
118.045 (3) and
227.11 (2) (a), Stats., and interpreting s.
118.045, Stats., the Department of Public Instruction will hold public hearings as follows to consider the creation of ch.
PI 27, relating to the commencement of a school term.
The hearings will be held as follows:
Date and Time Location
December 13, 2001 Tomahawk
4:00 - 5:30 p.m. CESA 9
304 Kaphaem Road
(informational) Conference Rooms 1 and 2
December 20, 2001 Milwaukee
1:00 - 2:30 p.m. MPS Administration Building
5225 W. Vliet Street
(informational) Auditorium
January 3, 2002 West Salem
3:00 - 4:30 p.m. CESA 4
923 E. Garland Street
Heritage Room A and B
January 4, 2002 Madison
2:00 - 4:00 p.m. GEF 3 Building
125 South Webster St.
Room 041
The hearing sites are fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Lori Slauson, at (608) 267-9127 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
Lori Slauson
Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above email or street address no later than January 9, 2002, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
2001 Wis. Act 16 requires school boards to start a school term after September 1 unless a school board submits a request to the Department of Public Instruction stating the reasons it would like the school term to start earlier. The department may grant a request only if it determines there are extraordinary reasons for granting it.
The department is required to promulgate rules to implement and administer this provision. The rules establish a procedure for school boards to use in requesting an earlier start date and gives examples of extraordinary reasons for granting such requests.
Fiscal Estimate
The proposed creation of Chapter
PI 27, rules relating to the commencement of a school term, is a result of statutory changes made under
2001 Wisconsin Act 16. The rules will not have a fiscal effect separate from the statutory changes made under the Act. The Act modified s.
118.045, Stats., requiring school boards to start a school term after September 1 unless a school board submits a request to the department stating the reasons it would like the school term to start earlier. The department may grant a request only if it determines there are extraordinary reasons for granting it.
By law, school districts must provide 180 days of instruction. By starting school later, school districts will likely have to make up days by having shorter winter or spring breaks, or by extending the school year later into summer. If school is conducted during Thanksgiving or winter break when schools would normally be vacant, heating and electrical costs may increase. These costs are indeterminate.
Additionally, current law requires school districts to provide transportation for pupils in private schools. If private schools choose to begin the school year prior to September 1, transportation costs may increase if school districts are required to run additional bus lines or otherwise accommodate the transportation needs of private school pupils when public school is not in session. For example, one public school district has 40 percent of its elementary student population in private or parochial schools. The business manager of the public district estimated that if the private schools chose to start school prior to September 1, it would cost the school district an additional $5,000 to $6,000 per day in transportation costs. The private schools started on August 26 in 2001. If the new legislation would have been in effect this year, it would have cost the public school district $25,000 to $30,000. It should be noted that excessive private school transportation costs are listed in the rule as an extraordinary reason to allow a school to begin a school term prior to September 1.
It is assumed this rule will have no state fiscal effect. These rules may affect small businesses. However, any costs or benefits will vary on a case-by-case basis depending on when such businesses need to employ pupils (at the beginning or end of summer).
Notice of Hearing
Volunteer Fire Fighter and Emergency Medical Technician Service Award Board
[CR 01-123]
NOTICE IS HEREBY GIVEN that pursuant to ss.
16.004 (1) and
16.25 (2),
(3),
(4) and
(5), Stats., and interpreting s.
16.25 et seq., Stats., the Department of Administration on behalf of the Volunteer Fire Fighter and Emergency Medical Technician Service Award Board, will hold a public hearing on both the Board's emergency rulemaking order and proposed permanent order creating Chapter
VFF-EMT 1 of the Wisconsin Administrative Code, relating to the creation of a length of service award program for volunteer fire fighters and emergency medical technicians.
Hearing Date, Time and Location
Date: Thursday, December 27, 2001
Time: 9:00 a.m.
Location: Room 136
Administration Building
101 East Wilson Street, 1st Floor
Madison, WI 53702
The hearing is being held in an accessible facility. Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, should be directed to: Donna Sorenson, Department of Administration, P.O. Box 7964, Madison, WI 53707-7864. Written comments must be received by January 7, 2002, to be included in the rule-making proceedings.
Proposed Order
The Volunteer Fire Fighter and Emergency Medical Technician Service Award Board propose an order to create Chapter
VFF-EMT 1 of the Wisconsin Administrative Code.
Analysis prepared by the Department of Administration
Statutes interpreted: s.
16.25 et seq., Stats.
Pursuant to section
16.25 (2) through
(5), Stats., the Volunteer Fire Fighter and Emergency Medical Technician Service Award Board (“Board") is required to establish by rule a program (“Length of Service Awards Program" or “Program") to provide length of service awards, as described in
26 USC 457 (e)(11), to volunteer firefighters (“VFF") and municipalities that operate volunteer fire departments or contract with volunteer fire companies, and to volunteer emergency medical technicians (“EMT"). To the extent permitted by federal law, the Program is to be designed to treat length of service awards as a tax-deferred benefit under the Internal Revenue Code. The rules are to include design features for the Program, the requirements for and the qualifications of private sector entities that are eligible to provide administrative services and investment plans under the Program, and an appeal. Significant features of the rule are addressed below:
Section
VFF-EMT 1.04 describes eligibility requirements for municipalities wishing to participate in the program, such as adopting a resolution or ordinance authorizing participation, developing standards for determining the service required of the individuals it sponsors in order to qualify for municipal contributions and providing for circumstances where municipalities wish to jointly operate, or contract with, the same volunteer fire department or volunteer fire company.
Section
VFF-EMT 1.05 sets forth requirements and procedures for municipal contributions made on behalf of eligible volunteers, and for the state's matching contribution (up to $250 per eligible individual annually).
Section
VFF-EMT 1.06 sets forth the parameters for municipal contributions for prior service rendered before the municipality began participating in the Program. The minimum contribution for prior service is set at $100, and those contributions may spread over a number of years. A separate accounting is required for these prior service payments.
Section
VFF-EMT 1.07 sets forth the Program's vesting requirements and the various permutations possible between full and partial vesting periods and the minimum age requirement (age 60) for payout. Section
VFF-EMT 1.07 (1) establishes that 20 years service is required to fully vest and, upon reaching age 60, the award must be paid. (This requirement insures that the benefit maintains its tax deferred status.) Section
VFF-EMT 1.07 (2) provides that a fully vested individual age 60 or older may continue to provide service toward a new length of service award under a new account but, for IRS rule purposes, contributions must be paid immediately and cannot accumulate. Section
VFF-EMT 1.07 (3) provides for partial vesting after 10 years' service. Should the individual perform more than 10 but less than 20 years' service, upon reaching age 60, he or she will receive only 50% of the net asset value of the benefit account for the first 10 years of service rendered, and an additional 5% for each year thereafter, up to 19 years. Section
VFF-EMT 1.07 (7) allows an individual to provide simultaneous service to two or more separate municipalities but, in such cases, only one year of service credit may be earned.
Section
VFF-EMT 1.09 details the notice and procedure for when a VFF-EMT ceases performing service for one participating municipality and begins performing service for another municipality, which utilizes a different program administrator or vendor. Such a transfer is allowed, but the account will be frozen and a new one started with the new program administrator. However, any accumulated years of credited service will continue to count toward the vesting requirements. Section
VFF-EMT 1.10 allows for benefits to be received both upon disability, or to the beneficiaries upon death of the VFF-EMT.
Section
VFF-EMT 1.12 sets forth minimum program administrator qualifications. These include five years of experience providing a length of service award program, adequate marketing and enrollment services capabilities, various accounting and record keeping procedures and abilities, membership in good standing in various organizations customary in the program administrator's or investment manager's industry that provides protection against loss, and overall financial strength.
Section
VFF-EMT 1.13 provides for the administration of plans offered by a program administrator under a contract with the Board, and standard provisions to be included. These include compliance with all pertinent state and federal statutes, rules and regulations, mandatory full disclosure to the Board of all fees and commissions earned directly and indirectly on the operations of the program, audits, and data processing system failure and administrative service interruption contingency plans. Also important are the required annual statements to participating municipalities and the individuals they sponsor, detailing all contributions made and the fees commissions, and charges paid that affect the individual's account.
Section
VFF-EMT 1.17 provides for a two-step appeals process in which a VFF-EMT may first protest service credit issues to the participating municipality, which may consult with the program administrator. Any decision of the municipality may be reviewed at the Board's discretion. An individual who has a substantial interest affected by a Board decision may appeal directly in writing to the Board. All Board decisions are final.
TEXT OF RULE:
VFF-EMT 1
VOLUNTEER FIRE FIGHTER-EMERGENCY MEDICAL TECHNICIAN SERVICE AWARD BOARD ADMINISTRATIVE RULE
VFF-EMT 1.01 Authority. Sections
16.004 (1), and
16.25 (2),
(3),
(4) and
(5), Stats., authorize the Board to promulgate rules for establishing a length of service award program for volunteer fire fighters and emergency medical technicians.
VFF-EMT 1.02 Purpose. The purposes are to establish a program for length of service awards to VFF-EMT participants who provide services to municipalities that operate volunteer fire departments or volunteer fire companies, or authorize emergency medical and technical services, and to establish qualifications and requirements for private sector individuals and organizations eligible to provide administrative and investment services for length of service award programs.
VFF-EMT 1.03 Definitions. In this chapter:
(1) “Account" means a statement or record of all state and municipal length of service award contributions, including all applicable earnings, redistributions and deductions made on behalf of a VFF-EMT maintained by a program administrator.
(2) “Beneficiary" means a person, trust or entity designated by a VFF-EMT to receive benefits under a program.
(3) “Board" has the meaning specified in s.
16.25 (1) (a), Stats.
(4) “Credit" means the recognition of the fulfillment of the requirements for performing service toward a length of service award under the program.
(5) “Emergency medical services" means medical care that is rendered to a sick, disabled or injured individual based on signs, symptoms or complaints, prior to the individual's hospitalization or while transporting the individual between health care facilities and that is limited to the use of the knowledge, skills and techniques received from training required under s.
146.50, Stats., and chs.
HFS 110,
111,
112 or
113, as a condition for being issued an emergency medical technician license.
(6) “Fire fighting services" means the organized suppression and prevention of fires.
(7) “Fiscal year" means the period beginning on July 1 and ending on June 30.
(8) “Length of service award program" or “program" means a program as described in section
457 of the internal revenue code that is implemented and administered by a program administrator approved by the board, and that to the extent allowed by federal law, provides a tax-deferred benefit to an eligible VFF-EMT consistent with the internal revenue code, s.
16.25 Stats., and this chapter.
(9) “Municipality" has the meaning specified in s.
16.25 (1) (c), Stats.
(10) “Net asset value" means the value of an individual length of service award determined by adding the municipal contributions and the state matching contributions, all earnings thereon, and any redistributions as provided in s.
VFF-EMT 1.08, less investment expenses.
(11) “Participating municipality" means a municipality that meets the program eligibility requirements of s.
VFF-EMT 1.04 and elects to participate in a program.
(12) “Prior service" means the service performed by a VFF-EMT for a participating municipality before that municipality began participation in a program.
(13) “Program administrator" means a non-governmental individual or organization in the private sector that provides and administers a program.
(14) “Service" includes fire fighting, emergency medical, or rescue services provided to a participating municipality by a volunteer fire fighter or volunteer emergency medical technician.
(15) “State" means the state of Wisconsin.
(16) “Volunteer emergency medical technician" or “EMT" means all emergency medical service personnel, including first responders, licensed or certified under s.
146.50, Stats. (17) “Volunteer fire company" means one that is organized under s.
213.05, Stats.
(18) “Volunteer fire department" has the meaning specified in s.
213.08, Stats.
(19) “Volunteer fire fighter" or “VFF" means a person that renders fire fighting or rescue services to a participating municipality and does not receive compensation under a contract of employment as a fire fighter.
(20) “VFF-EMT" means a volunteer fire fighter or emergency medical technician.
VFF-EMT 1.04 Participating Municipalities. (1) A municipality that operates a volunteer fire department or that contracts with a volunteer fire company organized under Ch.
181 or
213, or that authorizes volunteer emergency medical technicians to provide emergency medical services, is eligible to become a participating municipality.
(2) An eligible municipality may participate in a program by adopting a resolution or ordinance stating that it shall abide by all statutes, administrative rules, regulations and procedures pertaining to a length of service award program. The adopted resolution or ordinance shall be on a form approved by the board and provided to the program administrator or the board upon request.
Note: To request approval of a form for a resolution or ordinance, contact the Length of Service Award Program, c/o Department of Administration, Office of Legal Counsel, P.O. Box 7864, Madison, Wisconsin 53707-7864 or (608) 266-9810.
(3) Each participating municipality shall develop standards for determining the service required of the volunteer fire fighters and emergency medical technicians it sponsors under the program in order to qualify for an annual contribution.
(4) Municipalities that jointly operate or contract with a volunteer fire department or a volunteer fire company or that jointly authorize volunteer emergency medical technicians, may operate as a single participating municipality under the program, and may be required to do so by the program administrator.
(5) (a) A VFF-EMT may perform service for credit toward a length of service award to more than one volunteer fire department, volunteer fire company or entity authorized to provide volunteer emergency medical services.
(b) A VFF-EMT may have only one account for each volunteer fire department, volunteer fire company or entity authorized to provide volunteer emergency medical services to which the VFF-EMT provides service.
VFF-EMT 1.05 Contributions to a program. (1) MUNICIPAL CONTRIBUTIONS. A participating municipality shall determine the amount it will contribute on behalf of each VFF-EMT it sponsors under a program. A participating municipality shall cause an account to be opened with the program administrator for each sponsored VFF-EMT. A participating municipality's contributions shall be paid at least annually to the program administrator or designee.
(2) MATCHING CONTRIBUTIONS. (a) On a calendar year basis, the board shall match a participating municipality's annual contributions made on behalf of its VFF-EMT participants during that calendar year up to a maximum of $250 per eligible VFF-EMT, subject to any annual adjustment under sub. (3). The board shall pay all amounts matched under this section directly to the program administrator or designee, up to a maximum of $2,000,000 in a fiscal year.
(b) Subject to the time period for a protest or appeal under s. VFF-EMT 1. 17, a participating municipality shall pay all contributions for a calendar year to the program administrator or designee on or before January 31 of the following year in order to receive a matching contribution from the board.
(c) The board may not match contributions made by a participating municipality for prior service.
(3) ANNUAL ADJUSTMENT. Annually on July 1, the board shall make any adjustments necessary to the matched funds to be paid in the subsequent calendar year to reflect changes in U.S. consumer price index for all urban consumers, using the method set forth in s.
16.25 (3) (d), Stats.
VFF-EMT 1.06 Contributions for prior service. (1) (a) A participating municipality may make contributions for prior service provided that the VFF-EMT has performed at least five years of service to that municipality, which may include a combination of prior service and service performed after the municipality began participating in a program. The number of years of prior service for which the participating municipality may contribute shall not exceed the number of years of total service provided by the VFF-EMT to that municipality. A participating municipality may impose additional eligibility requirements for accepting prior service.
(b) Subject to applicable internal revenue code restrictions as determined by the program administrator, the minimum contribution payable by a participating municipality for each year of prior service credited to a VFF-EMT shall be $100. A participating municipality may pay a different amount for credited prior service than the amount paid for credited service performed after the municipality began participating in a program.
(c) Subject to applicable internal revenue code restrictions as determined by the program administrator, a participating municipality that makes contributions for prior service may pay those contributions over a number of years not to exceed 20, and may include interest on such payments to reflect the fact that they are being added for prior service over a number of years in lieu of a lump sum payment.
(d) For purposes of determining the board's matching contribution under s.
VFF-EMT 1.05 (2), any contributions made by a participating municipality for prior service shall be accounted for separately from contributions for credited service performed after the municipality began participating in a program.
(e) If a participating municipality ceases to exist or ceases its participation in a program, it shall pay the balance owed on any account for contributions made for prior service no later than under the schedule of payments set forth in its agreement with the program administrator.
(2) If a municipality's records are insufficient to establish eligibility for the purchase of prior service for a VFF-EMT, the municipality shall conduct a thorough investigation and, using the standards for determining the service required to qualify for annual contributions under s.
VFF-EMT 1.04(3), shall make a decision based upon good faith belief and the best information available as to the prior service claimed.
VFF-EMT 1.07 Vesting and Receipt of Length of Service Award. (1) VESTING. A VFF-EMT is required to provide 10 years of service for which credit has been given before the VFF-EMT may receive any benefits under the program. A VFF-EMT that has provided 20 years of credited service to a participating municipality shall be fully vested and paid a length of service award upon reaching age 60.
(2) FULLY VESTED. (a) Upon receiving payment of a length of service award, a fully vested VFF-EMT age 60 or older may continue to provide credited service toward a length of service award under a new account, but shall be paid any subsequent contributions made on the VFF-EMT's behalf by the participating municipality or the board immediately after they are received by the program administrator or designee.
(b) A fully vested VFF-EMT age 60 or older shall notify the program administrator and the participating municipality of the VFF-EMT's request to receive their length of service award within the time period required by the program administrator or the applicable program.
(3) PARTIALLY VESTED. (a) Upon reaching age 60, a VFF-EMT may request and receive their length of service award at any time after performing a minimum of 10 years of credited service and discontinue providing eligible service.
(b) Upon reaching the age of 60, a VFF-EMT requesting to receive their length of service award after performing 10 years, but less than 20, of credited service shall receive 50% of the net asset value of their account at the time of the request for the first 10 years of creditable service provided. For each year of credited service more than 10, but less than 20, performed by the VFF-EMT, five percent of the net asset value of the account at the date of the request shall be added. The amounts not paid to a VFF-EMT under this subsection shall be forfeited and equally distributed among all other open VFF-EMT accounts sponsored by that municipality at the time of the forfeiture.
(c) A VFF-EMT who has reached age 60 but is not fully vested may continue to perform service for credit toward a length of service award.
(4) NEW ACCOUNTS. At any time a VFF-EMT receives a length of service award associated with an account, they may discontinue providing eligible service and accruing service credit under that account, and begin providing eligible service under a new account.
(5) PRIOR SERVICE CREDIT. For vesting purposes under this section and s.
16.25, Stats., credit for service performed by a VFF-EMT may include prior service credited under s.
VFF-EMT 1.06 (1) (a).
(6) FORM OF BENEFIT DISTRIBUTION. A VFF-EMT may receive their length of service award payment either in a lump sum or by any other method offered by the program administrator and approved by the board. The form of benefit distribution shall be determined by the program administrator and approved by the board. The chosen form shall be stated in the specific plan documents provided by the program administrator.
(7) SIMULTANEOUS SERVICE. For purposes of determining vesting under this section and s.
16.25, Stats., if a VFF-EMT simultaneously renders service to two or more separate and distinct municipalities, no more than one year of service may be credited toward any length of service award in any calendar year the VFF-EMT provided multiple service.
VFF-EMT 1.08 Forfeiture and leaves of absence. (1) NON-VESTED FORFEITURE. (a) A VFF-EMT that has performed less than 10 years of service under a program shall forfeit any accumulated years of service if they cease to perform creditable service for more than six months in any calendar year, unless a supervisor has granted the VFF-EMT a leave of absence for that period.
(b) A participating municipality may determine the conditions under which a leave of absence shall be granted. A participating municipality shall grant a leave of absence in writing on or before December 31 of the calendar year in which it is to take effect.
(2) FORFEITED ACCOUNT DISTRIBUTION. A forfeited account shall be equally distributed among all other open VFF-EMT accounts sponsored by a participating municipality at the time of the forfeiture. Forfeitures may not be distributed to an account frozen under s.
VFF-EMT 1.09 (1).
(3) NOTICE UPON TRANSFER OF SERVICE. For vesting purposes under s.
VFF-EMT 1.07, upon joining or exiting a program, a VFF-EMT shall notify the new program administrator and any previous program administrator before forfeiture is to occur in order to qualify for transfer of their credited service years.
VFF-EMT 1.09 Transfer of service to a different program administrator. (1) FROZEN ACCOUNTS. When a VFF-EMT ceases performing service for one participating municipality and begins performing service for another that utilizes a different program administrator, their account shall be frozen. No contributions or forfeiture distributions may be made to a frozen account, but a frozen account shall continue to accrue earnings.
(2) SERVICE TRANSFER. Any service credited to a VFF-EMT associated with a frozen account shall count toward vesting under s.
VFF-EMT 1.07, provided the VFF-EMT meets the notice requirements of this section, and either of the following occurs:
(a) If the VFF-EMT has accumulated less than 10 years of service, the participating municipality, for which the service was provided and the account opened, has granted the VFF-EMT a leave of absence.
(b) The VFF-EMT begins performing creditable service for a subsequent participating municipality within 6 months of ceasing to perform creditable service for VFF-EMT's former participating municipality.
(3) VFF-EMT NOTICE. (a) A VFF-EMT shall provide a copy of the leave of absence granted under s.
VFF-EMT 1.08 (1) (b) to the current participating municipality's program administrator within 6 months of beginning their new service.
(b) A VFF-EMT wishing to transfer service under this section shall provide the current program administrator with the most recent annual statement of service issued under s.
VFF-EMT 1.11 (2) by their former participating municipality.
(c) In order to receive payment of a length of service award under section s.
VFF-EMT 1.07 from a frozen account, a VFF-EMT shall notify their former program administrator of any service credited by a subsequent program administrator.
(4) PROGRAM ADMINISTRATOR NOTICE. (a) A program administrator shall accept a statement of service provided by a VFF-EMT under this section, and record the number of whole years stated and the associated account identifier on the new account opened for the VFF-EMT.
(b) For purposes of vesting and payment of a length of service award under s.
VFF-EMT 1.07, a program administrator shall accept all service credited to a VFF-EMT by any subsequent program administrator, provided it has received notice from the VFF-EMT as required by sub. (3) (c).
VFF-EMT 1.10 Disability and death benefits. (1) DISABILITY. If a VFF-EMT becomes permanently disabled as determined by the Wisconsin worker's compensation program under ch.
102 Stats., while actively on duty performing service, the VFF-EMT may apply to the program administrator for payment of the net asset value of each of the disabled VFF-EMT participant's accounts. Upon request, the program administrator shall make payment as soon as administratively possible.
(2) DEATH. If a VFF-EMT dies while actively on the rolls of a volunteer fire department, volunteer fire company, or an emergency medical service that provides services to a participating municipality under a program, the VFF-EMT's designated beneficiary shall be paid an amount equal to the net asset value of each account held by the VFF-EMT designating that beneficiary. Upon request, the program administrator shall make payment as soon as administratively possible.
VFF-EMT 1.11 Records and certification of service. (1) Each participating municipality shall maintain and submit to the program administrator as required under a program, detailed and accurate records of every VFF-EMT providing fire fighting or emergency medical services to that municipality.
(2) Annually, on or before January 31, a participating municipality shall submit under oath a statement of service to the program administrator listing all VFF-EMT members that have performed service for that municipality for the preceding calendar year, and post the statement of service in a conspicuous place for a minimum of 30 days thereafter.
VFF-EMT 1.12 Program administrator qualifications. (1) Based upon a request for proposal process, the board shall contract with one or more program administrators to offer a length of service award program that is approved. A program administrator awarded a contract shall comply with all of the following:
(a) Have at least 5 years experience administering a length of service award program as described in section
457 of the internal revenue code, or a deferred compensation program as provided for therein. The program administrator's experience shall include administering at least one program that has a participation level of 1,000 or more individual members, multiple participating jurisdictions, and consolidated record keeping for all investment options offered.
(b) Have marketing and enrollment services that include the following:
1. At least annual contacts to each participating municipality and VFF-EMT describing the program and the investment options offered by the program administrator.
2. Presentations to all participating municipalities and VFF-EMT participants that include full disclosure of all direct and indirect fees and costs of the program as well as advantages and disadvantages of participating investment options offered by the program administrator.
3. Literature and forms regarding the program and the investment options offered by the program administrator to be distributed to all participating municipalities and VFF-EMT participants that are in a format approved by the board.
(c) Have services that provide unlimited opportunities to increase or decrease contributions and to redirect contributions to other investment options offered by the program administrator.
(d) Have accounting procedures and consolidated record keeping for account transactions that maintain all participating municipalities' and VFF-EMT participants' records and submits deposits, transfers and withdrawals to the investment companies offering investment options under the program.
(e) Have membership in good standing by the program administrator or the manager of any investment options offered in an organization customary in the program administrator's or investment manager's industry that provides protection against loss.
(f) Have no litigation risks or involvement in pending regulatory action deemed by the board or the department to be material to the continued operations of the program administrator.
(2) The board shall consider the financial strength of a program administrator or an entity affiliated with the program administrator for purposes of operating a program, on the basis of its net worth and the ratio of net worth to present or projected assets under management.
VFF-EMT 1.13 Program administration. (1) A program administrator awarded a contract to provide a length of service award program shall sign a contract with the board in which the program administrator agrees to do all of the following:
(a) Comply with all statutes, rules and regulations governing the program and share pertinent information, such as municipal contributions and state matching funds, with the board and any other program administrator under contract with the board to ensure compliance with the state and federal law and regulations.
(b) Obtain pre-approval by the board of the mandatory disclosures to participating municipalities set forth in s.
VFF-EMT 1.12 (1) (b) 1.
(c) At least annually, provide full disclosure to the board of all fees and commissions earned directly or indirectly on operations of the program by the program administrator, and other financial information relative to a VFF-EMT account maintained by a program administrator, including municipal and state contributions, forfeitures, and disbursements.
(d) Provide, at the program administrator's expense, an annual independently audited financial statement of the affiliated entity providing the investment or insurance plan to a participating municipality under the program to the board within 120 days following the end of each calendar year.
(e) Submit to the board an acceptable contingency plan to address both data processing systems failures and administrative service interruptions.
(f) Upon request, provide a copy of the fund prospectus and annual report for each investment option offered by the program administrator to participating municipalities and enrolled VFF-EMT participants.
(g) Cooperate with other program administrators to provide for service credit portability between program administrators under s.
VFF-EMT 1.09.
(h) At least annually, provide statements to participating municipalities and enrolled VFF-EMT participants detailing contributions made on behalf of a VFF-EMT by a participating municipality, account balance information, and disclosure of all fees, commissions and charges affecting that account's earnings or balances.
(i) Provide an annual report to all participating municipalities, VFF-EMT participants and the board illustrating the investment performance of all investment options offered.
(j) Cooperate with any successor program administrator, including extending the term of the contract for a reasonable period of time as may be necessary, to ensure a smooth transition of program administrators.
(k) Provide opinions of tax counsel or other legal counsel to the board as necessary.
(2) The program administrator, its agents, and the investment options offered, shall meet all applicable state and federal laws, rules and regulations including the internal revenue code, security and exchange commission regulations, and state and federal insurance laws and regulations.
VFF-EMT 1.14 Participating municipality obligations. (1) In fulfillment of its responsibility as a fiduciary of the program, a participating municipality shall review information provided by the program administrator including the mandatory disclosures described in s.
VFF-EMT 1.12 (1) (b) (1).
(2) A participating municipality shall sign a contract with the program administrator for program services provided under s.16.25, Stats., and ch.
VFF-EMT 1.
(3) A participating municipality shall sign a memorandum of understanding with the program administrator prior to selecting any investment option offered stating that all requirements and regulations pertinent to that option have been clearly explained by that program administrator and that the participating municipality has received an explanation by
the program administrator or its representatives of the mandatory disclosures described in s. VFF-EMT 1.12 (1) (b) 1.
VFF-EMT 1.15 Program amendment. A participating municipality may amend a program in compliance with all applicable statutes and rules, and the requirements of the program administrator and the board.
VFF-EMT 1.16 Program termination. A participating municipality may terminate a program by adopting and filing a resolution to that effect with the board. The board shall promptly submit a copy of the resolution to the program administrator. A termination shall comply with all applicable statutes and rules, and the requirements of the program administrator and the board. All accounts of VFF-EMT participants in a terminated program shall be treated in the same manner as accounts in a program in which the sponsoring participating municipality ceased to exist as set forth in s.
VFF-EMT 1.06 (1) (e).
VFF-EMT 1.17 Appeals. (1) PROTEST TO MUNICIPALITY. A VFF-EMT may protest an issue of service credit or other matter affecting the VFF-EMT's substantial interest under the program in writing to the sponsoring participating municipality. The participating municipality shall review the documentation and other submissions and make a determination in writing and return it to the protesting party within 30 days of the receipt of the written protest. The participating municipality may consult with the program administrator as required. Upon request, the board may review a participating municipality's decision.
(2) APPEAL TO THE BOARD. An individual who has a substantial interest affected by a board decision may appeal in writing to the board within 30 days of the receipt of the participating municipality's written determination. The board shall review the documentation and other submissions and make a determination in writing and return it to the appealing party within 90 days of the receipt of the written appeal. All decisions of the board shall be final.
Initial Regulatory Flexibility Analysis:
Pursuant to section
227.114, Stats., the rule herein is not expected to negatively impact small businesses.
Fiscal Estimate:
No State Fiscal Effect. The rule establishes procedures for operation of the volunteer fire fighter EMT length of service award program. The program has been budgeted based on estimates of participation. The procedures permit the program to proceed and do not change the basis for participation in the program.
Contact Person:
Donna Sorenson
Department of Administration
101 E. Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
(608) 266-2887
Notice of Hearing
Workforce Development
(Economic Support, Chs. DWD 11 to 59)
[CR 01 - 138]
NOTICE IS HEREBY GIVEN that pursuant to ss. 49.24 and 227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider the creation of rules relating to child support incentive payments.
Hearing Information
January 7, 2002 GEF 1 Bldg. Rm E206
Monday 201 E. Washington Ave.
1:30 p.m. Madison, WI
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Analysis Prepared by the Department of Workforce Development
Statute interpreted: s.
49.24, Stats.
Pursuant to s.
49.24, Stats., the Department of Workforce Development distributes child support incentive payments to counties. A county may use the payments only to pay costs under its child support program. Funding for the incentive payments is from monies that Wisconsin earns under the federal child support incentive payment program and from child support assigned to the state by public assistance recipients. The state funds are transferred from the Wisconsin Support Collections Trust Fund to an appropriation account under s.
20.445 (3) (k), Stats. Total payments to counties may not exceed $12,340,000 per year, and payments from child support assigned to the state by public assistance recipients
may not exceed $5,690,000 per year.
The federal child support incentive payments are earned pursuant to the Child Support Performance and Incentive Act of 1998 (Pub. L. No. 105-200,
42 USC 658a) and implementing regulations published in the
Federal Register on December 27, 2000. Under federal law, states compete against one another for a share of an incentive payment pool that is set by statute. A state's share of the incentive payment pool is determined by the state's performance on federal performance measures relative to the performance of other states. Pursuant to
45 CFR 302.55, the state must share incentives earned with any political subdivision that shares in funding the administrative cost of the state's child support program.
The proposed rule specifies a procedure for distributing incentive payments to counties and tribes that enter into a cooperative agreement with the department for the delivery of child support services under the state child support plan. The proposed rule is based on the federal procedure for distributing incentive payments to states, and the focus of the rule is to provide incentives for agency performance that will maximize the amount of the federal incentive payment that Wisconsin receives.
The proposed rule provides that the department consult with representatives of child support agencies in implementing the procedure for distributing incentive payments to counties. The representatives are members of a subcommittee of the Child Support Policy Advisory Committee known as the county contract committee. They are appointed by local child support agency representatives on the policy advisory committee and serve to advise the department on matters relating to child support incentive payments.
In consultation with the county contract committee, the department will estimate the total state and federal incentive funding that will be available for distribution to counties in the following year. In consultation with the county contract committee, the department determines each county's allocation, or share of the projected incentive funding, based on the following criteria: all child support agencies shall have funds available to achieve performance measures, agencies of similar size should receive equitable treatment, and a high level of performance is necessary in the large Wisconsin agencies to maximize the federal share of incentives. The allocation is the estimated minimum incentive payment amount that the agency is expected to receive if the actual incentive funding is equal to or exceeds the projected incentive funding and the agency's earned level is 100%.
In consultation with the county contract committee, the department establishes measures of performance and agencies earn incentive payments based on individual agency performance under each performance measure. The state measures for agency performance include one or more of the following federal measures for state performance:
•
paternity establishment
•
support order establishment
•
collection of current child support due
•
collection of child support arrearages
•
cost effectiveness
The state performance measures also include any other measures, or any modification to the measures used by the federal Office of Child Support Enforcement in providing incentive payments to states.
In consultation with the county contract committee, the department determines the weight to be given each performance measure and performance scales for each performance measure. The performance scales are used to determine agency earned levels for each performance measure. There are two methods of determining earned levels: (1) a table with performance levels and corresponding earned levels based on the federal performance levels, taking into account any potential federal penalties, or (2) an alternative method of evaluating performance levels based on an agency's incremental change from the agency's performance in the preceding year. In making the determinations, the department and agency representatives will consider state performance levels necessary to avoid federal penalties, past state performance on federal performance measures, projected future state performance on federal performance measures, and circumstances beyond the control of agencies that affect agency performance. The overall purpose of the determinations is to target areas for statewide improvement to maximize the state share of federal incentive dollars while ensuring that agencies have funds available to achieve the purposes of the child support program.
The formula to determine the amount of an agency's incentive payment is a 4-step process as follows:
1. The first step is determining each agency's combined earnings by adding the agency earned amounts for each performance measure. The agency's allocation is multiplied by the weighted earned level for each performance measure to determine the earned amount for each measure.
2. The second step is determining the statewide combined earnings by adding the agency combined earnings for all agencies.
3. The third step is determining each agency's share of the total available incentive funding by dividing the agency combined earnings by the statewide combined earnings.
4. The fourth step is determining each agency's incentive payment amount by multiplying the agency's share of the total available incentive funding by the total available incentive funding.
The department will distribute the total available incentive funding to counties and eligible tribes or tribal organizations. A tribe or tribal organization that enters into a cooperative agreement with the department for the delivery of child support services under the state plan pursuant to
42 USC 654(33) shall receive an incentive payment under this chapter based on the same criteria and subject to the same restrictions as counties carrying out activities under the state plan. A tribe or tribal organization that receives direct tribal child support enforcement funding pursuant to
42 USC 655(f) may not receive an incentive payment under this chapter.
The total incentive payment to a county under this chapter may not exceed the costs per year of the county's child support program. A county that receives an incentive payment may use the funds only to pay costs under its child support program. A county that receives an incentive payment may use the funds only to supplement, and not supplant, the baseline level of county funding for its child support program as determined by averaging the county's contribution to its IV-D expenditures in calendar years 1996, 1997, and 1998, unless waived by the department. The department will waive this requirement if the state is in compliance with federal reinvestment requirements under
45 CFR 305.35.
Initial Regulatory Flexibility Analysis
The proposed rule does not affect small business as defined in s.
227.14, Stats.
Fiscal Impact
Section
49.24, Stats., provides for child support incentive payments to counties using a combination of state and federal funds. The maximum annual distribution amount is $12,340,000, of which a maximum of $5,690,000 can come from state funds. Non-GPR funds from child support assigned to the state by public assistance recipients are used for the state component. The state funds are transferred from the Wisconsin Support Collections Trust Fund to an appropriation account under s.
20.445 (3) (k), Stats. The remainder of the annual distribution is dependent on the amount of federal funds available.
The proposed rule is a formula to distribute incentive payments available under s.
49.24, Stats. It is designed to provide incentives for counties to perform well on measures that will earn Wisconsin an increased incentive payment from the federal Office of Child Support Enforcement. If the state performs well on the federal performance measures in relation to other states, more federal incentive money will be available for distribution to counties. Under current law, this will not change the maximum amount that may be distributed under s.
49.24, Stats., but it may change the proportion of federal and state funds used in a given year, and it may increase the likelihood that the maximum of $12,340,000 is available. A change in the mix of federal and state costs will have no net annualized fiscal effect. Any future change in costs by source of funds cannot be predicted at this time.
Contact Information
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
201 E. Washington Avenue
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written Comments
Written comments on the proposed rules received at the above address no later than January 14, 2002, will be given the same consideration as testimony presented at the hearing.
