Scope statements
Agriculture, Trade and Consumer Protection
Subject
Agricultural marketing orders, marketing agreements and marketing boards.
Administrative Code Reference: Chapter
ATCP 140, Wis. Adm. Code. This rule may also include changes to the individual marketing orders found at chs.
ATCP 141,
142,
143,
144,
145,
147,
148 and
149, Wis. Adm. Code.
Objective of the rule. This rule will make changes to ATCP 140, the general provisions on marketing orders and marketing boards, and to the specific commodity marketing orders (ATCP 141 to 149) to update the rules to promote orderly and efficient marketing of agricultural commodities. The changes will allow the rules to be consistent with current business practices of the marketing boards and the commodity producers they serve. Any change to a marketing order must be approved at referendum by the affected producers and adopted through the administrative rulemaking process.
Statutory authority
Policy analysis
Chapter
ATCP 140 and the individual marketing orders (ATCP 141 to 149) are the regulations governing marketing order board organizations and functions, including procedures for the collection of assessments from agricultural commodity producers in Wisconsin.
Comparison with federal regulations
There are federal marketing order programs for some, but not all, of the commodities for which there are state marketing order programs in Wisconsin. The federal marketing order programs serve to promote orderly and efficient marketing of commodities produced in the United States. The state and federal programs are complementary and for several commodities the programs of the states work in close coordination with the federal program. The Department is not aware of any proposals pending to alter the federal commodity marketing programs.
All Entities Affected by the Rule
This rule will affect all producers of agricultural commodities (cherries, cranberries, corn, milk, soybeans, mint, ginseng and potatoes) produced in Wisconsin.
Policy Alternatives
If DATCP takes no action, current rules will remain in effect. Current rules require the marketing boards to operate under regulations that may inhibit the efficiency and effectiveness of commodity marketing program administration.
Statutory Alternatives
None at this time.
Staff time required
DATCP estimates that it will use approximately .5 FTE staff to develop this rule. This includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected marketing order boards. DATCP will use existing staff to develop this rule.
DATCP Board Authorization
DATCP may not begin drafting this rule until the Board of Agriculture, Trade and Consumer Protection (Board) approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the board, the scope statement is considered approved. Before DATCP holds public hearings on this rule, the Board must approve the hearing draft. The Board must also approve the final draft rule before the department adopts the rule.
Health and Family Services
Subject
The Department of Health and Family Services proposes to create ch.
HFS 43, relating to standards for training required for staff and supervisors involved in the access, initial assessment, and ongoing services delivered to children and families in child abuse and neglect cases.
Policy analysis
Section
48.981 (8) (d), Stats., requires the Department to make available training programs that allow child protective services staff and supervisors to successfully complete training in child abuse and neglect protective services and on recognizing and appropriately responding to domestic abuse. The Department is further directed to promulgate rules that allow it to monitor compliance with training standards. Training is available to child welfare staff through the Wisconsin Child Welfare Training Partnerships and other resources. Rules to monitor compliance have not been promulgated.
During the Child and Family Services Review (CFSR) of the Wisconsin child welfare system conducted by the federal Administration for Children and Families (ACF), a federal agency funding state, territory, local, and tribal organizations to provide family assistance (welfare), child support, child care, Head Start, child welfare, and other programs relating to children and families, federal reviewers identified the lack of mandated initial (pre-service) and ongoing training of child protective services staff working in the state's child welfare system as being a key concern. In response to the findings, the Department developed a Program Enhancement Plan (PEP), which was approved by ACF. In the Program Enhancement Plan, the Department agreed to set minimum training standards by administrative rule. There are no federal regulations mandating pre-service or ongoing training of child protective services staff.
Under proposed ch.
HFS 43, the Department intends to establish statewide minimum standards for pre-service training, ongoing training, and supervisory training of child protective services staff. The training targets caseworkers who perform access and initial assessment services and provide ongoing services to children and families in child abuse and neglect cases. In addition, proposed ch.
HFS 43 creates a monitoring process that allows the Department to review and approve training plans submitted by child welfare agencies and monitor compliance by individual staff. The proposed creation of ch.
HFS 43 will not have an affect on the Memorandum of Understanding between the Department and the Department of Corrections that allows the intake training required under s.
48.06 (1), Stats., for intake workers to be provided by the Department of Correction and the Wisconsin Juvenile Court Intake Association under ch.
DOC 399.
Members of the general public that will be affected by the rule are children and families.
Statutory authority
Staff time required
It is anticipated that approximately 40 to 50 hours of staff time will be required for the development, drafting, review, and editing of the proposed rule. In addition, members of the Training Committee that was established as part of the Program Enhancement Plan (PEP) spent time developing the parameters of the rule.
Comparison with federal regulations
There is not a specific requirement in federal law that mandates pre-service or ongoing training of child protective services staff. Authority for the Child and Family Services Review is located at
45 CFR Part 1355.
All Entities Affected by the Rule
The rule will have a direct impact on the Department, including the Bureau of Milwaukee Child Welfare (BMCW), county human and social services agencies, licensed child welfare agencies under contract with the Department or a county department to perform the same public child protective services functions, and the University of Wisconsin Child Welfare Training Partnerships.
Kickapoo Reserve Management Board
Subject
Objective of the rule. The objective of the rule is to amend s.
KB 1.09 (8) to coincide to posted camping limits and s.
KB 1.10 (1) to eliminate exceptions for the payment of user fees at the Kickapoo Valley Reserve (Reserve).
Policy analysis
Existing Policy: S.
KB 1.09 (8) - Limits campsites to 6 persons.
Section KB1.10 (1) - Currently visitors who are hiking/walking, biking, horseback riding or camping are required to pay a fee for visiting the Kickapoo Valley Reserve. Those who are parked on the Reserve to go canoeing, hunting, fishing or snowmobiling are not required to pay the fee.
New Policy: In recent years, Reserve staff has worked with the Department of Health and Family Services to designate and post capacity limits within the Reserve. Capacity limits vary depending on size of the designated area and therefore the rule of “6 persons" is no longer appropriate. Referencing the “posted capacity limits" make the rule more accurate.
The Kickapoo Reserve Management Board (Board) proposes a new policy that is consistent for all users and eliminates the exceptions for certain user groups who visit the Kickapoo Valley Reserve.
Fee amounts are established annually by the Board. Current amounts are: $4/person per day or $15 annually; $10/night camping. All revenues received through fees are used to maintain and improve the Reserve.
Policy Alternative
Continue operations under existing policy.
Statutory Authority
Staff Time Required
Approximately 16 hours of staff time to develop the rule.
All Entities Affected by the Rule
Visitors to the Reserve who are parking within the Reserve for canoeing, hunting, fishing or snowmobiling would be affected. The fees would not be new for visitors who hike, bike, ride horses or camp within the Reserve, but they would likely be pleased to see the users of the Reserve treated equally.
Comparison with Federal Regulations
There are no proposed or existing federal regulations that address the activities contemplated by this proposed rule.
Natural Resources
Subject
Firewood entering and exiting state lands.
Objective of the rule. The objective of proposed rule is to regulate firewood entering and exiting state lands to reduce risk of introduction and spread of Emerald Ash Borer and other pests and diseases of trees. Currently, campers at state properties may bring in firewood from any source for use during their stay. Firewood may continue to be collected on state properties by campers and on some state properties firewood many continue to be taken through special sales for home heating purposes. This rule would allow campers to bring in firewood from state approved sources. All other firewood would be prohibited in order to minimize the likelihood of introduction of emerald ash borer (EAB) and other pests and diseases into state properties. It would also prohibit taking firewood from state properties unless approved to prevent transport of EAB or other pests from infested areas.
Policy analysis
EAB is a foreign pest of ash trees that has nearly eliminated ash of all species where it has become established. Ash trees account for 30% of trees in Wisconsin cities and towns. There are approximately 717 million white, green and black ash trees in our forests. Ash is a component of our northern hardwood, central hardwood and lowland forests. There currently are no methods of managing this pest in the forest situation. Insecticides and biological controls are in development but it will be some years before they are ready for use. In order to buy time for the development of management tools and forestall elimination of ash from our urban and rural forests by this pest, it is important to slow the spread of EAB from lower Michigan and adjoining areas where it is established. Where new colonies are detected, eradication is the current response with all ash trees within 1/2 mile of the infested tree(s) cut and destroyed. This is very costly and destructive to community, park and natural forests but is the only control option at this time. Because eradication is so costly and destructive, quarantine efforts are very important to prevent transport of EAB. Federal and State quarantines have been placed on ash nursery stock and logs and these have been effective in preventing spread by these sources.
Despite federal and state quarantines prohibiting the movement of firewood from lower Michigan and infested areas in Ohio, Indiana, and Ontario, infested firewood is still a significant source of new introductions. The lack of success in limiting firewood movement relative to the success with nursery stock and timber is probably due to the fact that much movement of firewood is by the general public and thus much more difficult to regulate. As firewood quarantines at the source have been leaky, it is prudent to put additional limits to movement of this source of infestation into our public campgrounds and forests.
Comparison with federal regulations
Ontario Province, Canada, prohibits bringing any firewood into their provincial parks from quarantined areas of Canada and the US. We feel that the option of prohibiting movement of non-approved firewood will have less impact on the public than would efforts to eradicate infestations that could be devastating to most campgrounds and does not assure that EAB has not been transported out of the area.
All Entities Affected by the Rule
This rule will impact campers, firewood dealers, and some families who sell small quantities of firewood adjacent to state campgrounds. We are taking actions to minimize these impacts. If the rule is approved, all people who now have or make reservations at state campgrounds will be notified of the new policy on firewood. A public information and notification effort will also be triggered so that people know and understand why we are taking this action to protect their public forests. We will also work with the Department of Agriculture, Trade and Consumer Protection (DATCP) to develop an approval process and make sure that those firewood dealers near or in the parks are selling approved wood before the summer camping season begins.
Statutory authority
Chapter 23.11 (1) provides statutory authority for this proposed rule.
Staff time required
We estimate it will take ten hours of staff time to develop the proposed rule before any public review and 40 hours for public review hearings afterwards to finalize the rule text.
Natural Resources
Subject
The Administrative Rule will establish a Forestry Biomass Research and Development Grant Program, as stipulated in the FY 05-07 State Budget. The grant program will be administered by an organization selected through a request for proposals procurement process.
The grant program is currently unfunded. At its January 25, 2006 meeting, the Joint Committee on Finance approved an emergency request for FY 2006 – 2007 funding for $500,000 for grants and $37,500 from the Forestry SEG Account for contracted administration of the program.
It is the intention of the Department to seek adoption of an emergency Administrative Rule to establish this grant program immediately, while concurrently seeking adoption of permanent Administrative Rule.
Policy analysis
The proposed ForestryBiomass Grant Program would be available to organizations and businesses experienced in the commercialization of energy technologies for any of the following projects: a. research and development of technologies for using forestry biomass as energy sources; b. encouraging the use of forestry biomass as an energy source; c. increasing the beneficial use of forestry biomass; d. encouraging the development of biochemicals from forestry biomass.
This grant program will provide funding only for grants that match funding provided by the federal government for forestry biomass research and development.
Groups likely to be impacted or interested in this program include: Forest industry, such as Wisconsin Paper Council, Wisconsin Professional Loggers Assoc., Timber Producers Association of Wisconsin and Michigan, Lakes States Lumber Association; Utilities; Regional Planning Commissions; Resource Conservation and Development Districts; NGOs such as Nature Conservancy, Sierra Club, Wisconsin Environmental Decade; Universities; federal research facilities such as the USDA Forest Products Lab; Wisconsin State agencies and entities such as DOA, DATCP, DOC, Governor's Biorefining Consortium, Public Service Commission.
Statutory authority
The grant program is stipulated in the FY 05-07 State Budget (26.385 Wis. Stats.)
Staff time required
110 hours
Comparison with federal regulations
Not applicable for this grant program.
Workforce Development
Subject
Wisconsin Works, Emergency Assistance, and Child Care.
Policy Analysis
Section
49.147 (6), Stats., provides that an individual who meets other Wisconsin Works (W-2) eligibility requirements may receive a job access loan needed to obtain or continue employment and address an immediate and discrete financial crisis. Section
DWD 12.17 (2) provides that the amount of the loan to an individual may not be less than $25 and not more than $1600 in any 12-month period. The W-2 agency must ensure that the average of all amounts loaned in any 12-month period does not exceed $800. The proposed rule will eliminate the requirement that the average of all job access loans issued by a W-2 agency in a 12-month period not exceed $800. The Legislative Audit Bureau report on the W-2 program issued in April 2005 stated that W-2 agencies report it is time-consuming to calculate ongoing job access loan amounts to comply with this requirement.
The W-2 worker training rules in Chapter
DWD 17 currently provide various training requirements for W-2 agency financial and employment planners (FEPs) and resource specialists. The proposed rule will amend Chapter
DWD 17 to require that the training curriculum include information on child welfare issues and require that W-2 agency supervisors attend training.
Section
49.138, Stats., provides for a program of emergency assistance to families with needy children in cases of fire, flood, natural disaster, homelessness, impending homelessness, and energy crisis. Prior to
2005 Wisconsin Act 25, a family could receive emergency assistance once in a 12-month period in cases of need due to fire, flood, natural disaster, homelessness, or energy crisis and once in a 36-month period for need due to impending homelessness.
2005 Wisconsin Act 25 amended s.
49.138, Stats., to provide that a family may be eligible for emergency assistance once in a 12-month period in all cases, including impending homelessness. The emergency assistance rules in Chapter
DWD 16 will be updated to reflect this statutory change.
Section
48.625 (c) 1g., as affected by
2005 Wisconsin Act 25, creates a new program of subsidized guardianship. This program allows guardians who were licensed as the child's foster parents to receive payments in the same amount that they received as foster parents if, among other things, the child has been placed outside of his or her or her home for a cumulative period of one year or longer, and, despite reasonable efforts to return the child to his or her home, reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child. The program also allows for monthly subsidized guardianship payments to an interim caretaker on the death, incapacity, resignation, or removal of a guardian receiving payments.
Section
49.155 (1m) 1g., as affected by
2005 Wisconsin Act 25, provides that when an agency determines financial eligibility for a child care subsidy for a subsidized guardian or interim caretaker of the child, the agency must use the same procedure as is used for determining financial eligibility for a foster parent of a child. The Department proposes to also treat subsidized guardians and interim caretakers the same as foster parents in determining the child care copayment amount. Section
DWD 56.08 (2) (b) provides that foster parents do not have a copayment responsibility for the foster children in their care. The proposed rule will also provide a zero copay for subsidized guardians and interim caretakers.
Statutory authority
Entities affected by the rule
W-2 agencies, county and tribal economic support agencies, applicants for and recipients of Emergency Assistance, and subsidized guardians.
Comparison with federal requirements
There are no federal requirements on the changes in the proposed rules.
Staff time required
100 hours
Workforce Development
Subject
Chapter
DWD 127, Unemployment insurance work search requirements.
Policy analysis
Section
108.04 (2), Stats., provides that, among other things, an unemployment insurance claimant must conduct a reasonable search for suitable work. The Department may waive this requirement under certain stated conditions. Chapter
DWD 127 currently provides that the Department shall waive the work search requirement for a given week if certain specified circumstances apply to a unemployment insurance claimant and may waive the work search requirement for a given week when others apply. The proposed rule will make all waivers of the work search requirement mandatory if any of the specified circumstances apply.
The proposed rule will also modify two of the waiver criteria. Currently, the Department may waive a claimant's work search requirement if the claimant has a reasonable expectation of starting work with a new employer within 4 weeks after the week in which he or she initiates a claim or in which an eligibility review is conducted. Under the proposed rule, the Department will waive the work search requirement if the claimant has an offer of work that begins within 4 weeks regardless of when this occurs. In addition, currently the Department waives a claimant's work search requirement if the claimant's most recent employer failed to post or maintain any notice as to claiming unemployment benefits. Under the proposed rule, this provision will be modified to clarify that this waiver does not apply if the claimant was aware of the work search requirement.
The proposed rule will also make various technical corrections.
2005 Wisconsin Act 86 repealed the provision that self-employed individuals shall not be eligible for benefits for any week in which the individual worked at self-employment, unless the individual establishes that the or she has made an active and bona fide search for employment. Self-employed claimants are now subject to the same work search requirements and waivers as non-self-employed claimants. The proposed rule will repeal s.
DWD 127.09 relating to self-employment.
2003 Wisconsin Act 197 provides that the work search requirement does not apply to an individual if the Department determines that the individual is currently laid off from employment with an employer but there is a reasonable expectation of reemployment of the individual by that employer. The proposed rules will repeal an obsolete provision that limited the work search waiver based on a reasonable expectation of reemployment to 12 weeks after the claimant initiated the claim or 6 weeks after an eligibility review is conducted. The proposed rule will also repeal an obsolete provision that limited the work search waiver to 18 months under certain conditions when the layoff was due to a disaster or the temporary closing of the employer's worksite for refurbishing or relocation of the worksite and the Department believed that a customary work search would impose a hardship on employers in the labor market and would not be likely to result in suitable employment for a substantial number of the affected employees.
The proposed rule will also update certain rule provisions to reflect changes in
1999 Wisconsin Act 15. Section
108.04 (2) (a) 3., as affected by
1999 Wisconsin Act 15, provides that the requirement that the individual conduct a reasonable search for work during the week must include 2 actions that constitute a reasonable search. The current rule does not specify 2 actions. The proposed rule will also update an obsolete reference to sexual harassment in s.
108.04 (7) (i), Stats., that is now included with good cause attributable to the employing unit in s.
108.04 (7) (b), Stats.
Statutory authority
Entities affected by the rule
Unemployment insurance claimants
Comparison with federal requirements
There is a federal requirement that UI claimants search for work, but there is no federal law on the specific issues addressed in the proposed rule.
Staff time required
100 hours
Workforce Development
Subject
Ch.
DWD 218 to
225, Procedures for Civil Rights Complaints.
Policy analysis
Section
101.055 (8), Stats., provides protection for public employees exercising their rights under the Public Employee Safety and Health Law, which is otherwise administered by the Department of Commerce. Section
101.055 (8) (b), Stats., provides that employees who believe they have been discharged or discriminated against because they have exercised rights under the law may file a complaint with the Equal Rights Division. The Division proposes to create a new rule chapter at Chapter
DWD 223 to provide procedures for processing these complaints. The proposed rules will be similar to the fair employment rules in Chapter
DWD 218, except several of the time frames will be shorter due to statutory requirements. The statute also provides that decisions and orders of the Equal Rights Division are subject to judicial review under Chapter
227, Stats., and not review by the Labor and Industry Review Commission.
All rules administered by the Civil Rights Bureau will be amended to provide that complaints and other documents may be filed by facsimile transmission. Documents may not be filed by electronic mail unless expressly authorized by the equal rights officer or the administrative law judge assigned to the case. All rules will also be amended to provide that hearings may be recorded with either digital equipment or tape recording equipment.
Section
106.50 (6) (c) 2., Stats., as affected by
2005 Wisconsin Act 25, amended the Wisconsin Open Housing Law to provide that the Attorney General shall represent complainants in cases in which the Equal Rights Division has made an initial determination of probable cause. The proposed rules will amend the open housing rules in Chapter
DWD 220 to reflect this new requirement.
Section
106.54, Stats., provides that certain types of complaints received by the Equal Rights Division are to be processed in the same manner as employment discrimination complaints under s.
111.39, Stats. The proposed rules will amend the fair employment rules in Chapter
DWD 218 to specify that these other types of complaints are also covered by the rules. The additional types of complaints that will be specified in the rules are retaliation for reports to the Board on Aging and Long-Term Care; retaliation for reporting the abuse of an elderly person to a state or county agency; retaliation for reporting abuse in care and service residential facilities; retaliation against a health care worker who reports that the quality of health care provided by a health care facility or provider violates any law, rule, or standard established by a professionally recognized accrediting or standard-setting body and poses a potential risk to public health or safety; and failure to comply with re-employment rights after National Guard, state defense force, or public health emergency service.
Section
106.56 (4) (a), Stats., relating to discrimination because of a physical condition or developmental disability in post-secondary education, provides that the Department shall review and investigate complaints and shall have the same review process as public accommodations cases under s.. 106.52 (4) (b), Stats. The proposed rule will amend the public accommodations rules in Chapter
DWD 221 to provide that complaints under s.
106.56, Stats., will be processed in the same manner as complaints under the public accommodations law.
Statutory authority
Entities affected by the rules
Employees and employers; public employees and governmental entities; health care workers, providers, and facilities; residents, employees, management, and owners of care and service residential facilities; persons who provide information to the Board on Aging and Long-Term Care or persons on whose behalf another person has provided information to the Board; persons who report elder abuse to the designated county agency or to any state official and persons on whose behalf another person has made a report; veterans of the National Guard, state defense force, or public health emergency service; open housing complainants and respondents; family or medical leave complainants and respondents; public accommodation law complainants and respondents; and post-secondary institutions and students of these institutions who have a physical condition or developmental disability.
Comparison with federal requirements
Employment discrimination complaints may be filed by mail or in person at the nearest Equal Employment Opportunity Commission office. Fair housing complaints may be filed by online form, telephone, or mail with the Department of Housing and Urban Development. Complaints regarding disability discrimination against students in a post-secondary institution may be filed with the Office of Civil Rights in the Department of Education by online form, mail, fax, or in person. The Office of Civil Rights encourages customers to use e-mail or fax to communicate with staff when possible.
Staff time required
175 hours.
