The Department estimates that it will take approximately 640 hours of staff time to to promulgate the proposed changes to ch.
HFS 132.
Entities affected by rule
The entities affected by the proposed rules are all licensed nursing homes in Wisconsin.
Comparison with federal requirements
Federal conditions of participation for nursing homes are in the Code of Federal Regulations,
42 CFR 483. The federal regulations and existing ch.
HFS 132 address largely similar regulatory areas. Generally, ch.
HFS 132 provides more specificity than the comparable federal regulations for nursing homes.
Health and Family Services
Subject
The Department proposes to amend ch.
HFS 149, rules relating to the selection and monitoring of vendors for the special supplemental food program for women, infants and children (WIC).
Policy analysis
Under the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the federal government provides supplemental foods and nutrition education through payment of cash grants to states that administer the program through local agencies at no cost to eligible persons. The WIC program serves as an adjunct to good health care during critical times of growth and development, in order to prevent the occurrence of health problems. In Wisconsin, the WIC program has 112,000 certified participants, comprised of low-income pregnant and breastfeeding women, infants and children under 5 years of age. Seventy local WIC projects (located in city and county public health departments, private non-profit organizations, and one hospital) administer WIC in designated project service areas. These services include health screening, nutrition assessment and counseling, referrals to other health and social services, and vouchers to purchase nutritious foods at authorized grocery stores and pharmacies (vendors).
The Wisconsin WIC program is responsible for the authorization of some 1,000 vendors to provide food to WIC participants. Applications are screened for basic store and management information, business integrity, and the selection of WIC authorized foods at competitive prices, as determined by prices charged by all stores in a project service area.
Currently applicants for WIC vendor authorization are required under s.
HFS 149.03 (2) (c) to charge a price that is no more than 115% of the average price charged for a standardized combination of foods by other applicants in the project service area in which the grocery store or pharmacy is located. The average price is determined by the Department and based on reported prices of large and small stores statewide for the standardized combination of foods during the previous 6-month period. The Department believes that this method of computing average price may impede the ability of smaller stores to obtain or maintain WIC vendor authorization, due to the smaller stores' inability to offer prices that are competitive with that of larger stores.
The Department proposes to amend s. HFS 149. 03 (2) (c) to remove the requirement that store prices be competitive with all other stores within a project service area to require that prices be competitive with stores within its vendor peer group of similar stores located throughout the state. This change would result in the Department being able to compute average price based on reported prices of the vendor peer group and, therefore, a more equitable process for small store applicants. Prices of these stores will no longer be compared to the prices of larger stores, who can offer lower prices than their smaller counterparts due to economies of scale.
The Department also proposes to amend s.
HFS 149.03 (7) to change the duration of authorization from every two years to every three years. Instead of ending on October 31 of even-numbered years regardless of when authorization was granted, the authorization would end on October 31 of every third year. This is now allowed per federal regulation and would lessen the burden of reauthorization for both the vendors and the state WIC office. In addition, the Department proposes to eliminate the one-year initial certification period, allowing new vendors' authorization period to extend to October 31 of every third year. The one-year certification has not proven to be effective in addressing fraud, and is burdensome for both the vendor and the state WIC office.
Statutory authority
Staff time required
The Department estimates it will take 40 hours of staff time to develop the proposed amendments.
Entities affected by the rule
The entities that will be directly affected by the proposed amendments are Wisconsin grocery stores and pharmacies.
Comparison with federal requirements
The Wisconsin WIC program operates under a State Plan pursuant to
7 CFR 246. The Department does not know of any proposed regulations that address the subject of the proposed rules.
Natural Resources
Subject
Objective of the rule. The Bureau of Fisheries Management and Habitat Protection is requesting authorization to draft rules for implementing
2003 WI Act 275 that allows the Department to use up to 10% of the annual lake protection grant appropriation to fund a citizen lake monitoring network through contracts to groups and individuals. Rules are needed to specify the eligible activities and qualifications for participation in the network and other details for administering the contracts.
Policy analysis
In 1986 the Department created the Self Help Lake Monitoring Program to enlist citizens in the monitoring of lake ecosystems. The program was funded through a portion of the operational budget (lake segregated account) for lake management. By 1995 participation in the program had reached its funding capacity though the need for, and interest in, the program continued to grow. In 2000, ch.
NR 190 was amended to allow individual small-scale grants to fund expanded participation in the program. However, the administration and tracking of hundreds of individual grants in addition to managing the existing program-funded network became problematic. Rule promulgation will reduce workload and stream line an expanded citizen lake monitoring network.
Statutory authority
Authority for the rule comes from s.
281.68 (3) Stats. and general Department rule making authority under s.
227.11 (2) (a), Stats.
Staff time required
Since the Department has been operating and evolving this program for nearly 20 years, promulgation of the rule will require a minimal investment in staff time.
Entities affected by the rule
Lake organizations and the department will benefit from an expanded and streamlined monitoring network. It will enable more citizens and lake organizations to become involved in the monitoring and stewardship of the State's lake resources. Expanded citizen lake monitoring is an essential component of the Water Division's Monitoring Strategy. Switching funding to the grant appropriation will allow operational funds to be used for other lake management activities helping to compensate for other budget reductions. Teaching and training institutions, laboratories, data processing consultants and equipment vendors who may be eligible for contracts to assist in the network will be interested in rule development.
Comparison with federal requirements
There are no existing or proposed federal regulations that are applicable to the rule though the data collected through the network will assist the Department in complying with its obligations under the Clean Water Act.
Natural Resources
Subject
Objective of the rule. The objective of the proposed rules is to address sturgeon spearing harvest issues on the Lake Winnebago System.
Policy analysis
The Department is beginning the administrative process of developing Lake Winnebago System sturgeon spearing regulation changes that we anticipate taking to public hearings in summer 2005.
The regulations will strive to control sturgeon exploitation rates, while continuing to maintain an open access fishery. Harvest levels have been maintained at acceptable levels, however in recent years the season has been cut short due to spearers reaching harvest limits in short time periods. Five Public meetings and two meetings with the Winnebago Citizen's Sturgeon Advisory Committee in the three weeks following the close of the 2005 sturgeon spearing season reaffirmed the most critical issues to be: 1) maintaining the sturgeon harvest at an acceptable level, 2) maintaining an open fishery on Lake Winnebago, 3) addressing the excessive pressure on the Upriver Lakes, and 4) ensuring more regular longer spearing seasons. The department wishes to promulgate rules relating to the Winnebago System sturgeon spearing season taking into account these critical issues.
Statutory authority
Staff time required
Approximately 260 hours will be needed by the Department to develop these rules.
Entities affected by the rule
These proposed regulation changes would affect and are of interest to sturgeon spearers in the state, and could be of interest to those in the tourism industry involved in fishing. New regulations may result in increased law enforcement, fisheries and customer service work load.
Comparison with federal requirements
There are no federal regulations regarding recreational fishing regulations. That authority is given to the State.
Revenue
Subject
The Department proposes to revise ch.
Tax 18, relating to the administration of agricultural use-value assessment.
Objective of the rule. The revisions to ch.
Tax 18 will prescribe an agricultural land assessment methodology that is in accord with s.
70.32 (2r) (c), Stats., and ensures positive and stable values for 2006 and thereafter.
Policy analysis
Pursuant to s.
70.32 (2r) (c), Stats., “
… agricultural land shall be assessed according to the income that could be generated from its rental for agricultural use." Wisconsin Chapter
Tax 18 specifies a methodology that estimates the agricultural income on a per acre basis. Net income is defined as yield per acre multiplied by the market price per unit of output, less yield per acre multiplied by the cost of output per unit. Data is averaged over a five-year period. Net income is then divided by a capitalization rate that is based on a 5-year average interest rate for medium-sized, 1-year adjustable rate mortgages and net tax rate for the property tax levy two years prior to the assessment year.
Stemming from decreasing market prices and increasing production costs, the use-value calculation has produced negative values. In response, the Department has promulgated emergency rules that held the 2004 and 2005 use values at 2003 levels.
The Department's amendments to ch.
Tax 18 will create a use-value methodology that maintains adherence to state statutes while producing positive and stable values for 2006 and thereafter. The rule will specify the amended calculation process, the underlying components, and the sources of information.
Statutory authority
The Department's authority to amend ch.
Tax 18 is found in s.
227.11 (2), Stats.
Staff time required
The Department estimates it will take 200 hours of staff time to develop the proposed amendments.
Entities affected by the rule
The current ch.
Tax 18, as well as the forthcoming amended version, affects agricultural land owners.
Comparison with federal requirements
Property taxation is governed by Wisconsin's constitution and statutes, as such there are no current or pending federal regulations regarding agricultural land assessment.
Workforce Development
Subject
Policy analysis
Section
812.18 (2) (a) 2., 1991-92 Stats., provided a subsistence allowance that was exempt from garnishment of an amount equal to 30 times the federal minimum wage for each full week of the debtor's pay period. Section
812.18 (2) (a) 3., 1991-92 Stats., directed DWD's predecessor agency, the Department of Industry, Labor and Human Relations, to prescribe by rule a subsistence allowance computed so that it was the equivalent of subd. 2. for earnings for a period other than a week.
1993 Wisconsin Act 80 repealed s. 812.18 (2), 1991-92 Stats., and earnings exempt from garnishment are now computed pursuant to s.
812.34, Stats. The Department no longer has any statutory authority regarding garnishment and proposes to repeal this obsolete rule.
Entities affected by the rule
None.
Statutory authority
Staff time required
6 hours.
