Rule-making notices
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss.
15.08 (5) (b),
227.11 (2),
450.02 (3) (a),
(d) and
(e), and
961.31, Stats., and interpreting ss.
450.01 (7),
(16) (b) and
450.02 (2g),
(b),
(3) (a), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to repeal s.
Phar 8.05 (5); and to amend s.
Phar 8.05 (4), relating to requirements for the dispensing of prescription orders for schedule II controlled substances.
Hearing Date, Time and Location
Date: March 12, 2002
Time: 9:15 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing:
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by March 26, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Current requirements of s.
Phar 8.05 (4), for the dispensing of prescription orders for schedule II controlled substances provide in part that a prescription order may not be dispensed unless the order is presented for dispensing within 7 days following the date of its issue, and may not be dispensed more than 60 days after the date of issue. The proposed rule modification would remove the 7 day limitation. A prescription order presented past the 7 day limit currently will not be filled, which necessitates a return to the prescriber for a new prescription. This result occurs even when a legitimate reason exists for the late presentment. The result of the 7 day limit therefore becomes at times an arbitrary cutoff that doesn't allow for a pharmacist and a prescriber to take into account a patient's specific needs in a given situation. The modification of this rule will therefore allow pharmacists and prescribers to exercise their professional judgment in the dispensing of controlled substances.
Current requirements of s.
Phar 8.05 (5), for the dispensing of prescription orders provides that no pharmacy, individual practitioner or other DEA registered dispenser may dispense at any one time, and no individual practitioner may prescribe for dispensing at any one time, a controlled substance in any quantity exceeding a 34-day supply, except that up to a 90 day supply of any schedule III or IV anticonvulsant substance as determined by the directed dosage and frequency of dosage, may be prescribed and dispensed at one time. The proposed rule modification would repeal s.
Phar 8.05 (5), to make the dispensing requirements for controlled substances consistent with federal dispensing law. This consistency allows practitioners and pharmacists to better meet legitimate patient need, not inconsistent with federal controlled substances prescription rules. Removing the 34-day and 90 day restriction currently contained in s.
Phar 8.05 (5), will better meet legitimate patient need in instances where a proper course of treatment as determined by a practitioner necessitates ongoing drug therapy such that dispensing a greater supply of any controlled substance will promote efficiency and continuity of treatment as well as patient convenience. The repeal of this rule will therefore allow pharmacists and practitioners to more fully exercise their professional judgment in prescribing of controlled substances, consistent with federal dispensing law.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss.
15.08 (5) (b),
227.11 (2),
450.02 (2) and
(3) (e),
450.03 (2) and
450.04 (1), Stats., and interpreting s.
450.02 (2), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
Phar 2.06 (2), relating to the definition of “active practice of pharmacy."
Hearing Date, Time and Location
Date: March 12, 2002
Time: 9:15 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing:
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by March 26, 2002 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
This proposed rule-making order of the Pharmacy Examining Board is intended to more closely identify those out-of-state applicants who have not devoted a sufficient portion of their practice to the consultation of patients which includes the provision of information on legend and non-prescription drugs and advice relating to therapeutic values and potential hazards and the uses of drugs and devices. The proposed modification of the rule defining “active practice of pharmacy" is therefore intended to define more precisely the prerequisite for when a person licensed in another state may be tested to demonstrate the equivalent minimum pharmacy practice skills required for licensure in this state.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Wisconsin Technical College System Board
[
CR 01-137]
NOTICE IS HEREBY GIVEN that pursuant to ss.
38.305 (4) and
227.11 (2), Stats., and interpreting ss.
38.24 (2) and
38.305, the Wisconsin Technical College System Board will hold a public hearing at the WTCSB Board Room, 310 Price Place in the city of Madison, WI, on the
27th day of February 2002, at 9:00 a.m., to consider the amendment of rules relating to residency, admissions, and fee refunds and to Technical and Occupational Program grants to students.
Analysis Prepared by the Technical College System Board
Tuition and fee refunds. The Wisconsin Technical College System (WTCS) refund policies and procedures are promulgated as administrative rules and have remained essentially unchanged since they were established several decades ago. The last modification was made in 1994 to implement a change in federal regulations related to financial aids recipients. However, there has been a movement over the years from traditional semester length classroom based courses to alternate length classroom and distance education based courses. Also, the federal regulations related to financial aid recipients have again been modified prompting a review of the current rules. Based on these factors, a committee comprised of State Board and District staff reviewed the current WTCS refund policies and procedures to determine if they are relevant and appropriate and to recommend modifications the committee deems necessary to address current and future course offerings.
After a review of the current refund policies, the committee determined that, although appropriate, these policies needed updating both to conform to current federal law and to clarify (and consolidate) the method of calculating refunds since the two methods currently being used are intended to result in the same amount of refund.
Grants to Students (TOP Grants). The 2001-2003 biennial budget, (
2001 Wis. Act 16), contains two provisions that affect student eligibility for TOP grants. First, beginning July 2001, students who enroll full-time in a technical college occupational program within three years of earning a certificate of general educational development (GED) from the Wisconsin State Superintendent of Public Instruction are now eligible for TOP grants. Second, the eligibility period for the grants has been reduced from two-years to one-year and the total possible grant award has been reduced from $1,000 to $500 for all students receiving their first TOP grant in the 2001-2002 or subsequent school year.
Chapter
TCS 16, implements s.
38.305, and authorizes the State Board to establish rules to implement and administer grants to students, along with rules on refunding a grant if a student becomes ineligible for the grant award. The proposed rule amendments reflect the statutory changes enacted in
2001 Wis. Act 16.
TEXT OF RULE
Section 1. TCS 10.08 (1) is amended to read:
TCS 10.08 (1) General Provision. In this section, all refund provisions may be superseded by state or federal law.
Section 2. TCS 10.08 (2m) (title) and (2m) is created to read:
TCS 10.08 (2m) Course Section Drop/Adds. A student who drops one section of a course and simultaneously enrolls in an equivalent section of the same course shall not receive a refund of course fees for the dropped section or be charged course fees for the added section. The student may be charged a processing fee as allowed under sub. (3) (g). For the purpose of this subsection, an equivalent section is one offered for the same credit value, is subject to the same dollar amount of student fees and is at substantially the same point in the course curriculum at the time of the drop/add.
Section 3. TCS 10.08 (3) (b) (intro) is amended to read:
TCS 10.08 (3) (b) A student who drops one or more courses and prior to the issuance of a refund for the dropped course or courses adds one or more courses shall have the program fees, material fees and tuition for the dropped course or courses applied to the tuition and fee charges of the added course or courses, subject to the following:
Section 4. TCS 10.08 (3) (b) 2. is amended to read:
TCS 10.08 (3) (b) 2. Where the fees for a dropped course or courses exceed applicable fees for an added course or courses, students will receive a refund pursuant to pars. par. (c) and (d).
Section 5. TCS 10.08 (3) (c) is amended to read:
TCS 10.08 (3) (c) Except as provided under pars. (a) and (b), refunds for courses which are scheduled to meet for one semester or longer, shall be:
Section 6. TCS 10.08 (3) (c) 1. is amended to read:
TCS 10.08 (3) (c) 1. 80% of program fees, material fees and out-of-state tuition if application for refund is made during the first 14 calendar days of the term's beginning date before or at the time 10% of the course's total hours of instruction have been completed.
Section 7. TCS 10.08 (3) (c) 2. is amended to read:
TCS 10.08 (3) (c) 2. 60% of program fees, materials fees and out-of-state tuition if application for refund is made during the 15th through 28th calendar day of the term's beginning date after 10% but before more than 20% of the course's potential hours of instruction have been completed.
Section 8. TCS 10.08 (3) (d) is repealed.
Section 9. TCS 10.08 (3) (e) is amended to read:
TCS 10.08 (3) (e) No refund shall be granted if application is made after the 28th calendar day for courses scheduled to meet a semester or longer, or after 20% of the course's total potential hours of instruction have been completed in courses scheduled to meet less than a semester.
Section 10. TCS 10.08 (4) is repealed.
Section 11. TCS 16.02 (3) is repealed and recreated to read:
TCS 16.02 (3) (3) “Date of record" means the day when 10% of the potential hours of instruction of the course have been completed based on when the student is first scheduled to attend the course.
Section 12. TCS 16.02 (9) is amended to read:
TCS 16.02 (9) “First-year student" means any technical college student who has earned, completed, or received no more than 18 postsecondary credits after graduating from high school
or receiving a GED certificate as defined in s. TCS 16.02 (9m). Any postsecondary credit earned while serving on active duty in the U.S. armed forces may not be counted against this credit limitation.
Section 13. TCS 16.02 (9m) is created to read:
TCS 16.02 (9m) “GED" means a general educational development certificate issued by the state superintendent of public instruction under s.
115.29 (4).
Section 14. TCS 16.02 (11) is amended to read:
TCS 16.02 (11) (11) “Graduated from high school" means having received a
high school diploma
in satisfaction of school board requirements under s.
118.33
PI 5.02 (8), or a high school equivalency diploma under s.
115.29 (4), Stats.
Section 15. TCS 16.02 (19) is repealed.
Section 16. TCS 16.03 is amended to read:
TCS 16.03 Period of initial eligibility. The eligibility period for an initial TOP grant begins on the date a person graduates from high school or receives a GED and ends on his or her initial eligibility end date.
Section 17. TCS 16.04 (1) is amended to read:
TCS 16.04 (1) The student has graduated from high school or received a GED as verified by the district.
Section 18. TCS 16.05 (3) is amended to read:
TCS 16.05 (3) A grant recipient is eligible to receive up to 2 TOP grants totaling no more than $500 per school year within a 12-month period from the date of receipt of the first TOP grant. In no case shall a grant recipient be awarded more than 4 TOP grants in total.
Section 19. TCS 16.05 (4) is repealed.
Section 20. TCS 16.06 (intro) is amended to read:
TCS 16.06 Continuation of TOP grant eligibility. To receive a TOP grant for a 2nd, 3
rd, or 4th semester after receiving an initial grant award, a student shall meet all of the following eligibility requirements on the date of record:
Section 21. TCS 16.07 is repealed and recreated to read:
TCS 16.07 Refunding policy. (1) A student who either fails to attain a 2.0 GPA or who is not enrolled full-time during the semester in which he or she was awarded a TOP grant shall forfeit any remaining eligibility for subsequent TOP grant awards.
(2) A student who has received a TOP grant under s.
TCS 16.05 or
16.06 may request an exemption for reasons owing to personal hardship during the semester in which he or she received the grant. The district director or designee shall approve or deny an exemption request before the end of the semester in which the request was made. A student who has received approval for an exemption is not subject to the provisions of sub. (1) for the subsequent semester in which he or she is eligible for a TOP grant, following the approval of the exemption.
(3) A student may apply for one exemption under sub. (2).
(4) The district director or designee shall seek a full refund of all TOP grant monies from any student awarded such funds if the district director or designee finds, after giving written notice and an opportunity to be heard, that the student received a grant as a result of deception, fraud, misinformation, or error in providing his or her registration information for an initial or continued TOP grant award. A student who is found to have received a grant award based upon any of the aforementioned reasons forfeits any remaining eligibility for subsequent TOP grant awards. No student may be required to refund any grant award if the findings result in a determination that the award was due to error not attributable to the student. In such a case, the student is no longer eligible for any remaining TOP grant awards.
Written Comments
The public record on this proposed rule will be held open until the close of business on Thursday, March 7, 2001. Written comments from people unable to attend the public hearing or who want to supplement testimony offered at the hearing may be submitted for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to the Contact Person listed below. Written comments will be given the same consideration as testimony presented at the hearing. People submitting comments will not receive individual responses.
Initial Regulatory Flexibility Analysis
These proposed rules will have no adverse impact on small businesses.
Fiscal Estimate
A copy of the proposed rules and the full fiscal estimate may be obtained from the Wisconsin Technical College System Board upon request.
Contact Person
Questions concerning these rules may be directed to Morna K. Foy, Policy Analyst, Wisconsin Technical College System Board, 310 Price Place, P.O. Box 7874, Madison, Wisconsin 53707-7874.
It is the policy of the WTCSB to provide accommodations to person with disabilities that may affect their ability to access or participate in WTCSB activities. Persons may request assistance or accommodation for the scheduled public hearing by contacting Ms. Foy at (608) 266-2449, or accessing the TTY line at (608) 267-2483 on or before February 20.
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to section
14.64 (2) (e), Stats., and s.
15,
2001 Wis. Act 7, and interpreting s.
14.64 et seq., Stats., the Office of the State Treasurer, on behalf of the College Savings Program Board, will hold a public hearing on both the Board's emergency rulemaking order and proposed permanent order creating Chapter
Treas 1 of the Wis. Adm. Code, relating to the College Savings Program.
Hearing Date, Time and Location
Date: Tuesday, March 5, 2002
Time: 10:00 a.m.
Location: Conference Room Firstar Building
1 South Pinckney Street, 5th Floor Madison, WI 53703
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: Marty Olle, Office of the State Treasurer, P.O. Box 7871, Madison, WI 53707-7871. Written comments must be received by March 15, 2002, to be included in the rule-making proceedings.
Proposed order
The Wisconsin College Savings Program Board creates Treas 1 of the Wisconsin Administrative Code.
Analysis prepared by the Office of the State Treasurer
Statutes interpreted: s.
14.64 et seq., Stats.
The Wisconsin College Savings Program Board establishes a rule for the operation of the College Savings Program. The rule is designed to grant flexibility to program participants wherever possible, while enabling the State and its private-sector partners to administer the program in a manner that protects the program's financial integrity and viability. Maintaining eligibility as a “qualified tuition program" pursuant to section
529 of the Internal Revenue Code [
26 USC 529] is another primary objective. “529" programs are eligible for a number of federal tax benefits that are attractive to families saving for future college costs. Significant features of the rule are addressed below:
Sections
Treas 1.03,
1.04 and
1.05 describe who may open an account and how to open an account. Section
Treas 1.06 discusses designating a successor owner and describes how to change ownership of an account. Sections
Treas 1.07 and
1.08 define the account beneficiary and how to change the beneficiary on an account.
Section
Treas 1.09 details how to make contributions to an account, including minimum and maximum contribution limits, and how to “rollover" an account balance to another section 529 program. IRS requirements relating to investment direction are also detailed.
Sections
Treas 1.11,
1.12 and
1.13 describe account withdrawals, distributions and refunds. Special circumstances are also provided for in these sections, such as the death or disability of the beneficiary or receipt of a scholarship by a beneficiary.
Section
Treas 1.14 sets forth conditions under which the Board may terminate an owner's account. Sections
Treas 1.15 and
1.16 address related fees and penalties.
Text of rule
Treas 1.01 Purpose and Analysis. This rule establishes the procedures, standards and eligibility requirements for investment in accounts under the Wisconsin college savings program, into which a participant may invest funds to be used by individual beneficiaries to pay the cost of attendance at an institution of higher education. The Wisconsin college savings program is established as a qualified tuition program pursuant to section
529 of the internal revenue code [
26 USC 529], and is administered by the Office of State Treasurer.
Treas 1.02 Definitions. In this chapter:
1. “
Account" means a formal record of transactions maintained for a particular designated beneficiary to meet qualified higher education expenses under the program.
2. “Account owner" means the person who is entitled to select or change the designated beneficiary of an account, or designate any person other than the designated beneficiary to whom funds may be paid from the account.
3. “Board" means the Wisconsin college savings program board.
4. “Cash" includes checks, money orders, wire transfers, or electronic funds transfers through payroll deduction, automatic contribution plans or similar methods, but does not include currency.
5.
“Contribution" means any payment directly allocated to an account for the benefit of a designated beneficiary or that is used to pay late fees or administrative fees associated with the account.
6.
“Department" means the Wisconsin department of administration.
7.
“Designated beneficiary" has the meaning found in section
529(e)(1) of the internal revenue code.
8.
“Eligible Educational Institution" has the meaning found in section
529(e)(5) of the internal revenue code.
9.
“Maximum contribution limit" is the sum total market value amount established by the board that may be accumulated in the accounts of a designated beneficiary to meet qualified higher education expenses.
10.
“Member of the family" has the meaning found in section
529(e)(2) of the internal revenue code.
11.
“Non-qualified distribution" means any distribution that is not a qualified distribution.
12.
“Participation agreement" means the contract between an account owner and the board setting forth the terms and conditions under which the account owner participates in the program.
13.
“Person" includes an individual, a trust, or a body corporate or politic.
14.
“Program" means the qualified tuition program established under s.
14.64, Stats.
15.
“Program manager" means the entity under contract with the department to serve as the program administrator, marketing agent and investment manager of the program.
16.
“Qualified distribution" means any distribution of funds, as defined in section
529 of the internal revenue code, for qualified higher education expenses from an account pursuant to a distribution notice from the account owner.
17.
“Qualified higher education expenses" has the meaning found in section
529(e)(3) of the internal revenue code.
18.
“Qualified tuition program" means a savings program to help defray the cost of college expenses under section
529 of the internal revenue code
.
19. “Rollover contribution" means the transfer of all or part of an account from one qualified tuition program account to another qualified tuition program account.
Treas 1.03 Account owner eligibility. Any person legally able to contract under applicable state law is eligible to establish an account for the benefit of a designated individual. There shall be only one account owner per account.
Treas 1.04 Opening an account. (1) To open an account, an applicant shall submit a properly completed and signed application, which incorporates the program description and participation agreement, to the program manager. A contribution may be made as provided in Treas 1.09 or by any alternate method established by the board or the program manager.
(2) An applicant must select an available investment option in which all contributions to the account shall be invested. After an account has been opened, the investment option selected may only be changed as permitted under section
529 of the internal revenue code and any regulations issued thereunder.
(3) The participation agreement shall be accompanied by a program description disclosing the program characteristics, including the investment options, investment risks, program fees, and other information as determined by the board and the program manager.
(4) Acceptance by the program manager of application materials, the initial contribution, or selection of contribution method for processing shall not be deemed an agreement to open an account.
(5) The program manager shall accept applications to open accounts and accept subsequent contributions for a designated beneficiary in the order they are received, up to the maximum contribution limit.
Treas 1.05 Refusal to open an account. The program manager or the board may refuse to open an account for the following reasons:
(1)
The applicant is not an eligible account owner.
(2)
The applicant has not provided all of the information required in the application.
(3)
The maximum contribution level for the designated beneficiary will be exceeded.
(4)
The execution of a participation agreement violates any federal or state law.
(5)
The board determines that the number of accounts in the program should be limited.
Treas 1.06 Change of account ownership. An account owner may designate a successor who shall become the new account owner automatically upon his or her death. This designation may be made at any time by submitting a written designation of the successor to the program manager containing the information required by the program manager and the board. Designation of a successor shall be effective upon registration in the records of the program manager.
(1) If a change in the ownership of an account is required by a court order directing such change, or by an affidavit or declaration that is recognized under applicable law as requiring transfer of ownership upon death without a court order, such change shall be effective upon receipt by the program manager unless otherwise required by law.
(2) Any other request to transfer ownership to a new account owner must be made by submitting to the program manager a written designation of a new account owner containing the information required by the program manager and the board. Transfer of ownership shall not be effective until registered in the records of the program manager.
Treas 1.07 Designated beneficiary. Any individual regardless of age or relationship to the account owner, including the account owner, may be a designated beneficiary under the program. There shall be only one designated beneficiary per account. Subject to the maximum contribution level, any number of accounts may be opened for a single designated beneficiary.
Treas 1.08 Change of designated beneficiary. (1) Only an account owner may change the designated beneficiary of an account. The designated beneficiary may only be changed to a member of the family of that designated beneficiary.
(2) To change a designated beneficiary, the account owner must submit a written request to the program manager containing all the information required by the program manager and the board.
(3) Upon receipt of the written request, the program manager shall register the information regarding the newly designated beneficiary in the records of the program. The change of the designated beneficiary shall be effective upon registration.
Treas 1.09 Contributions. Any person may make a contribution to an account of a designated beneficiary. Contributions shall be made only in cash.
(1) MAXIMUM CONTRIBUTION LIMIT. Contributions to the accounts established for a designated beneficiary shall not, in the aggregate, exceed that amount necessary to provide for the qualified higher education expenses of the designated beneficiary. The board shall establish from time to time the maximum amount that may be contributed in the aggregate to the accounts of an individual designated beneficiary. Contributions in excess of that limit shall not be accepted and shall be returned to the contributor.
(2) MINIMUM CONTRIBUTION LIMIT. The minimum amount contributed at the time an account is opened under Treas 1.04, and the minimum amount of any additional contribution to be made to an account shall be established from time to time by the board.
(3) ROLLOVER CONTRIBUTIONS. If rollover distributions are allowed by another state's qualified tuition program, an account owner may deposit all or part of the funds from an account in that state's qualified tuition program to a new account in the program as provided under section
529 of the internal revenue code, and any regulations issued thereunder. When making a rollover contribution, the account owner shall complete the forms and make such disclosures of financial information as required by the program manager and the board. If the rollover distribution deposited in the program account would cause the total account balance of all accounts for that designated beneficiary to exceed the maximum contribution limit, the excess funds shall be refused.
(4) INVESTMENT DIRECTION PROHIBITION. Except as permitted under section
529 of the internal revenue code and any regulations issued thereunder, no person contributing to an account may direct the investment or investment earnings of any contribution of an account.
Treas 1.10 Separate Accounting. Separate records and accounting shall be maintained for each account established under the program. Reports shall be issued to each account owner at least annually.
Treas 1.11 General Distributions. (1) CALCULATING EARNINGS ON MULTIPLE ACCOUNTS. If an individual is a designated beneficiary of more than one account, contributions and earnings with respect to those accounts shall be treated as directed under section
529 of the internal revenue code for purposes of calculating the earnings portions of any distribution with respect to that designated beneficiary.
(2) DISTRIBUTION REQUESTS. An account owner may request a distribution of funds by submitting to the program manager at least three business days prior to the date of the requested distribution a completed distribution request form and all other information as may be required by the program manager and the board. Upon receipt, the program manager shall commence processing properly completed distribution request forms as soon as practicable. Distributions shall be subject to any applicable state and federal tax withholdings.
(3) A designated beneficiary shall not authorize distribution or withdrawal of account funds.
(4) NONQUALIFIED DISTRIBUTION. A distribution of funds from an account for any use other than qualified higher education expenses for the designated beneficiary constitutes a nonqualified distribution and may be subject to the additional tax imposed by section
529(c)(6) of the internal revenue code.
(5) QUALIFIED DISTRIBUTION. A distribution of funds to pay for the qualified higher education expenses of a designated beneficiary constitutes a qualified distribution. An account owner may request a qualified distribution by submitting a properly completed distribution request form, and all documentary evidence necessary to verify the claimed qualified higher education expenses, as determined by the program manager and the board, to the program manager.
Treas 1.12 Distributions Due to Death, Disability or Scholarship of Beneficiary. (1) Prior to a distribution from an account due to the death or disability of the designated beneficiary, or because the beneficiary has received a scholarship to be applied toward attendance at an eligible education institution, the program manager may require either of the following:
(a) Certification by the account owner that the distribution is due to the death or disability of the designated beneficiary or because the designated beneficiary has received a scholarship. The program manager may withhold and reserve as a penalty a portion of the distribution made as a result of such distribution request until the program manager receives written confirmation from an appropriate authority.
(b) Written confirmation from an appropriate authority that the designated beneficiary has died, become disabled, or received a scholarship in the amount of the requested distribution.
(2) A penalty-free distribution due to the death or disability of a beneficiary may be for an amount up to the total account balance for all accounts for that designated beneficiary. A penalty-free distribution due to a scholarship awarded to a designated beneficiary may be for an amount up to the total scholarship award.
Treas 1.13 Refund of qualified distribution payment. An eligible educational institution that owes a full or partial refund of a qualified distribution due to an overpayment of educational expenses shall pay the refund directly to the program manager for credit to the applicable designated beneficiary's account. A refund may not be paid directly to the designated beneficiary or account owner.
Treas 1.14 Account termination. (1) The board shall determine the conditions under which an account may be terminated, including but not limited to the following:
(a)
the account balance is below an established minimum.
(b)
The account is inactive for an established amount of time.
(c)
Any portion of the account remains unused 10 years after the anticipated academic year of the designated beneficiary's initial enrollment in an eligible educational institution.
(d)
The account owner or the designated beneficiary provides false or misleading information to the board, the program manager, or an eligible educational institution.
(2) Prior to termination, the program manager shall give reasonable notice to the account owner of the proposed termination. The notice shall provide a reasonable period of time, as determined by the board, in which to prevent termination by either making an additional contribution or a qualified distribution as necessary. Upon termination, the account balance shall be paid to the account owner as a nonqualified distribution, subject to applicable federal or state taxes, and any additional fees as determined by the board.
Treas 1.15 Fees. The board may charge account owners a fee for the administrative expenses of the program. Fees shall be clearly identified in the program description that accompanies the participation agreement.
Treas 1.16 Penalties. The board may impose penalties as necessary to maintain eligibility as a qualified tuition program under section
529 of the internal revenue code.
Treas 1.17 Investment Policies. The board shall establish all investment guidelines for the program.
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 Wisconsin college savings 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
Marty Olle
Office of the State Treasurer
1 South Pinckney Street, 5th Floor
P.O. Box 7871
Madison, WI 53707-7871
(608) 264-7886
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to Sections
49.137 (4m) and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider the creation of rules relating to grants supporting community child care initiatives.
Hearing Information:
February 26, 2002 GEF 1 Building, Room B103
Tuesday 201 E. Washington Avenue
1:30 p.m. MADISON
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. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. 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
In July 2000, the Joint Finance Committee approved expenditure authority for a new program that allows the Department of Workforce Development to utilize monies available from federal child care and development block grant funds to award grants to local governments that can identify and certify the required match. Statutory authority for the program was included in
2001 Wis. Act 16 at s.
49.137 (4m), Stats.
The proposed rules specify the eligibility criteria and procedures for awarding the grants under s.
49.137 (4m), Stats. The department shall periodically publish a request for proposals for community child care initiatives. Any local government or tribe that is located in Wisconsin may submit an application. A single application may be submitted by a local government or tribe that certifies all the match funds required for the requested grant amount. A cooperative application may be submitted by several local governments or tribes that submit a package of otherwise single applications that individually identify match and request separate agreements with the department. A collaborative application may be submitted by one local government or tribe on behalf of two or more local governments or tribes that provide matching funds.
A local government or tribe that applies for funds must certify matching expenditures. The minimum match expenditure required under federal law is the federal medical assistance percentage for Wisconsin for the federal fiscal year in which the match expenditure occurs. The department may round this percentage of required match to the nearest higher full percentage point. A match expenditure must be from locally-generated revenues or federal revenues specifically authorized by federal law to be used as match to federal funds. A match expenditure may not be used as match to any other state or federal funds, must be made during the required matching period, and must be made for qualifying child care services and programs, including programs with the following purposes:
• Providing low-income families with financial resources to find and access quality child care for their children.
• Enhancing the quality and increasing the supply of child care for all families, including those who receive no direct assistance under s.
49.155, Stats.
• Providing parents with a broad range of options in addressing their child care needs.
• Improving the quality of and coordination among child care programs and early childhood development programs.
• Increasing the availability of early childhood development care services and before- and after-school care services.
• Educating consumers about child care.
• Improving the health and safety aspects of child care, including regulation of child care.
Expenditures for public pre-kindergarten programs or pre-school programs operated by public school districts may not exceed 20% of the total match expenditure for each application.
A local government or tribe may use grant funds received under this chapter in the following ways:
• Enhancing the quality and increasing the supply of child care for all families, including those who receive no direct assistance under s.
49.155, Stats.
• Providing parents with a broad range of options in addressing their child care needs.
• Improving the quality of and coordination among child care programs and early childhood development programs.
• Increasing the availability of early childhood development care services and before- and after-school care services.
• Educating consumers about child care.
• Improving the health and safety aspects of child care, including regulation of child care.
• Providing crisis respite child care to children in protective services cases or in need of protective services.
A local government or tribe may not use grant funds received under this chapter for purchase of real estate; construction or major remodeling; kindergarten to 12th grade public education or care services provided to students during the regular school day; direct purchase or payment of child care services, unless the child is receiving or is in need of protective services; or public pre-kindergarten services.
A local government that is awarded a grant based on a single application may not spend more than 5% of the grant on administrative costs. The department may allow a local government that is awarded a grant based on a cooperative application to spend up to 10% of the grant on administrative costs. The department may allow a local government or tribe that is awarded a grant based on a collaborative application to spend up to 15% of the grant on administrative costs.
The available grant funds will be allocated for residents of each county of the state based equally on the county's percentage of the state's low-income children and percentage of the state's recent births. The amount of an initial grant will be determined based on the amount requested by the applicant, the amount of match identified by the applicant, the amount of funding allocated to the county or counties proposed for service by the applicant, the amount of funding requested by all applicants proposing to serve residents of the county or counties involved, and the amount of funding available due to reallocation from other counties.
A continuing grant may be offered to a local government or tribe for 2 funding cycles after the initial grant was awarded. A local government or tribe may be eligible for a continuing grant if the local government or tribe is proposing to continue the same program that was funded by the initial grant and the local government or tribe complied with all requirements associated with the initial grant. If the local government or tribe is eligible for a continuing grant and funding is available, the department shall fund a local government or tribe's request for a continuing grant before initial grants are funded and at a level of 75 percent of the initial grant if matching requirements are met. Additional funds may be provided if the applicant identifies sufficient match and funds are available under initial grant rules. The amount of a continuing grant may be adjusted to reflect the applicant's record of completing previous match or spending agreements under this program and other aspects of the applicant's record of doing business with the department.
Initial Regulatory Flexibility Analysis
The proposed rules do not affect small business as defined in s.
227.14, Stats.
Fiscal Impact
Section
49.137 (4m), Stats., authorizes a program that may increase revenue for local governments that receive a grant. The proposed rules specify procedural information for awarding the grants but have no fiscal effect.
Contact Information
A paper copy may be obtained at no charge by contacting:
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 and email comments sent to
stiefba@dwd.state.wi.us no later than February 28, 2002, will be given the same consideration as testimony presented at the hearing.
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to Sections
66.0903 (5),
103.49 (3g),
779.14 (1s), and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider the amendment and creation of rules relating to the adjustment of thresholds for application of prevailing wage rates and payment and performance assurance requirements.
Hearing Information:
February 27, 2002 GEF 1 Building, Room B103
Wednesday 201 E. Washington Avenue
1:30 p.m. MADISON
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. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. 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
Adjustment of thresholds for application of prevailing wage rates. The state prevailing wage laws require that when a state agency or local governmental unit contracts for the construction of a public works project it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with those wage rates. Under current law the state prevailing wage rate laws do not apply to any single-trade public works project for which the estimated cost is below $35,000, and do not apply to any multi-trade public works project for which the estimated cost is below $172,000.
Pursuant to ss.
66.0903 (5) and
103.49 (3g), Stats., and s.
DWD 290.15, the Department is required to adjust the dollar amounts of the thresholds each year in proportion to any change in construction costs since the thresholds were last determined. The threshold adjustment is based on changes in the construction cost index published in the Engineering News-Record, a national construction trade publication. This rule adjusts the thresholds from $35,000 to $36,000 for single-trade projects and from $172,000 to $175,000 for multi-trade projects based on a 1.7% increase in the construction cost index between December 2000 and December 2001. Section
DWD 290.15 is also amended to clarify that the department rounds off the thresholds to the nearest thousand.
Adjustment of thresholds for payment and performance assurance requirements. Section
779.14, Stats., sets payment and performance assurance requirements that apply to contracts for the performance of labor or furnishing of materials for a public improvement project or public work. Section
779.14 (1s), Stats., requires the department to adjust the thresholds for various requirements in proportion to any change in construction costs since the statute was effective or the last adjustment. This is the first adjustment since the statute was effective in June 1998. The thresholds are adjusted to reflect a 8.7% increase in the construction cost index from June 1998 to December 2001. These adjustments are also based on changes in the construction costs index as published in the Engineering News-Record and are rounded to the nearest thousand.
Initial Regulatory Flexibility Analysis
The proposed rule does not affect small business as defined in s.
227.14, Stats.
Fiscal Impact
Under the rule, a state agency or local governmental unit contracting for the construction of a single-trade public works project that costs more than $35,000 but less than $36,000 or a multi-trade project that costs more than $172,000 but less than $175,000 is not covered by the prevailing wage requirement.
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 March 1, 2002, will be given the same consideration as testimony presented at the hearing.
