Analysis Prepared by the Department of Children and Families
Statutory authority
Statutes interpreted
Related statutes or rules
NA
Explanation of agency authority
Section
49.145 (1) provides that to be eligible for Wisconsin Works (W-2) employment positions and job access loans for any month, an individual shall meet the financial eligibility requirements in sub. (3). The Department may promulgate rules establishing additional eligibility criteria and specifying how eligibility criteria are to be administered.
Section
49.155 (1m) (c) 1., Stats., provides that in determining financial eligibility for the child care subsidy, the W-2 agency shall calculate the gross income of the family as described in s.
49.145 (3) (b), Stats., for W-2 employment positions and job access loans. An individual shall also satisfy other eligibility criteria established by the department by rule under par. (d).
Summary of the proposed rules
The proposed rules will exclude income earned from temporary employment with the U.S. Census Bureau in determining W-2 and child care eligibility and child care copayments. This exclusion will apply for up to 12 weeks per year. A W-2 participant who is working for the Census fewer than 30 hour per week may be placed in a pro-rated Community Service Job with hours of Census employment treated the same as hours of other unsubsidized employment in determining participation requirements and payment amounts. Disregarding Census earnings will reduce, but not eliminate, family child care copayment responsibility. In general, a copayment is required from families receiving a child care subsidy under federal law. A family with only Census income will be required to pay a copayment at the lowest level.
Summary of factual data and analytical methodologies
In 2009 and 2010, the U.S. Census Bureau will be recruiting and temporarily employing more than 700,000 people to fill paid, part-time positions to conduct the 2010 census. In 1999 and 2000, the Census Bureau successfully recruited Temporary Assistance for Needy Families (TANF) participants to help fill vacancies and wishes to do the same for the 2010 census.
The Department of Health and Human Service, Administration for Children and Families, encourages states to disregard the income that TANF participants receive as census employees. This will mean that temporary income from census employment will not result in TANF participants losing financial assistance without gaining long-term employment.
Encouraging W-2 participants to work for the Census Bureau by ensuring that benefits will not be lost is critical to the Census Bureau's work. It is important to the Census to employ workers from neighborhoods that have historically been undercounted. W-2 participants can play vital roles in establishing an accurate count, which affects Wisconsin's congressional representation and federal funding distribution.
Census work can help the State meet the required TANF work-participation rate when the W-2 participant is receiving a pro-rata W-2 grant. Disregarding income will avoid confusion resulting from temporary, intermittent employment with varying weekly earnings. In addition, Census jobs will provide W-2 participants with training and work experience while they perform a valuable community service. Children of Census workers will benefit from being in a licensed or certified child care center while their parents are employed.
Most temporary workers will be employed as enumerators in the field for about 4 to 8 weeks. Nationally, about 100,000 people will be employed in 2009 to locate and verify addresses and about 600,000 people will be employed in 2010 for non-response follow-up. Up to 3,500 positions are targeted for Wisconsin in 2009 and 17,400 in 2010.
Thirty-three other states have approved or indicated pending approval of policies allowing disregard of census income in determining TANF eligibility.
Comparison with federal regulations
In general, a copayment is required from families receiving a child care subsidy.
Comparison with rules in adjacent states
All adjacent states have approved or indicated pending approval of TANF guidelines allowing temporary census employees to maintain TANF eligibility.
Analysis and supporting documentation used to determine effect on small businesses
The rule affects W-2 agencies, but the change in policy is minor.
Small Business Impact
The rule may affect small businesses as defined in s.
227.114 (1), Stats., but will not have a significant economic impact on a substantial number of small businesses.
Fiscal Estimate
Summary
The number of federal Census positions targeted for Wisconsin will be up to 3,500 in 2009 and 17,400 in 2010. The majority of these positions will be field operation workers with wages ranging form $11.75 to $15 per hour in 2009 and $13.75 to $17.75 in 2010. The hours for the positions are projected be from 5 to 25 per week, with each position lasting 4 to 8 weeks. The fiscal impact of disregarding earning on the Wisconsin Shares child care assistance program is minimal because even the highest paid temporary Census position will calculate to be below the eligibility level of 185% of the federal poverty level. Disregarding Census earnings will reduce, but not eliminate, family copayment responsibility. In general, federal law requires that families pay a copayment. A family with only Census income will be required to pay a copayment at the lowest level. The projected amount of copayment reduction will be approximately $16,600 in 2009 and $42,200 in 2010 for a $10 per week, two-child family model for 3,310 children in 2009 and 11,036 in 2010 for 6 weeks of part-time child care.
State fiscal effect
Decrease existing revenues.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Persons
For Wisconsin Works, the agency contact is:
Rose Prochazka
(608) 267-7398
For Wisconsin Shares child care assistance, the agency contact is:
Sue Mathison
(608) 266-8872
Text of Proposed Rules
SECTION 1. DCF 101.09 (3) (b) 1. is amended to read:
DCF 101.09 (3) (b) Income limitations. 1. The individual is a member of a W-2 group whose gross income is at or below 115% of the poverty line. In this subdivision, “gross income" does not include any payments of the following:
a. Payments or benefits made under any federal law that specifically exempts such payments or benefits from being considered in determining eligibility for any federal means-tested program.
SECTION 2. DCF 101.09 (3) (b)1. b. is created to read:
b. Income earned from employment with the United States Census Bureau that does not exceed 12 weeks per year.
SECTION 3. DCF 101.26 (3) is created to read:
(3) Income earned from employment with the United States Census Bureau that does not exceed 12 weeks per year shall not be considered as family income in determining financial eligibility for a child care subsidy under s.
49.155 (1m) (c), Stats.
SECTION 4. DCF 201.08 (2) (g) is created to read:
(g) Income earned from employment with the United States Census Bureau that does not exceed 12 weeks per year shall not be considered as family income in determining the amount of a parental copayment under sub. (1).
Notice of Hearings
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.041,
29.197 and
227.11 (2) (a), Stats., the Department of Natural Resources will hold public hearings on revisions to Chapter
NR 10, Wis. Adm. Code, relating to the 2009 migratory game bird seasons and waterfowl hunting zones.
Hearing Information
August 3, 2009
Monday
at 7:00 p.m.
|
Rooms B-19 and B-20
State Office Building
3550 Mormon Coulee Road
La Crosse
|
August 4, 2009
Tuesday
at 7:00 p.m.
|
Room 243
WI Indianhead Tech College
1900 College Drive
Rice Lake
|
August 5, 2009
Wednesday
at 7:00 p.m.
|
Main Conference Room
Agricultural Services Center
3369 W. Brewster St.
Appleton
|
August 6, 2009
Thursday
at 7:00 p.m.
|
Comfort Suites Lake Country Thunder Bay Room
N14 W24121 Tower Place Pewaukee
|
Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kent Van Horn at (608) 266-8841 with specific information on your request at least 10 days before the date of the scheduled hearing.
Submission of Written Comments and Copies of Rule
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. mail to Mr. Kent Van Horn, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707 or by email to
kent.vanhorn@ wisconsin.gov. Comments may be submitted until August 6, 2009. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Van Horn.
The deadline for written comments is August 7, 2009. Comments may be submitted to the agency contact person or electronically at the following internet site:
http://adminrules.wisconsin.gov.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
Explanation of agency authority
Sections
29.014,
29.041 and
29.885, Stats., have been interpreted as allowing the department the authority to establish the migratory game bird seasons within the state as well as on and in all waters bordering the state and establish the two-day youth waterfowl hunt.
Sections
29.014 and
227.11, Stats., grant rule making authority to the department to establish and maintain open and closed seasons for hunting and provide that all rules promulgated under this authority are subject to review under ch.
227, Stats. In addition, s.
29.041, Stats., authorizes the department to promulgate rules that regulate hunting on and in all interstate boundary waters, s.
29.197, Stats., and authorizes the establishment of special hunts.
Related statute or rule
This rule order establishes the season length and bag limits, for the Wisconsin migratory game bird seasons. Each year similar or identical emergency and permanent rule packages are promulgated. This process is necessary to have the seasons in place for the fall hunting season while following the federal and state rule procedures.
Summary of rule
Season dates and bag limits will be set for ducks and Canada geese. Under international treaty and federal law, migratory game bird seasons are closed unless opened annually via the U.S. Fish and Wildlife Service regulatory process. Because of the timing of Wisconsin's rule process and the U.S. Fish and Wildlife Service rule process, the actual season lengths, dates and bag limits cannot be determined at this time for much of the rule. The daily bag limit for ducks is expected to be 6 ducks including not more than 4 mallards, of which only one may be a hen, one black duck, one pintail, 3 wood ducks and 2 redheads. The season for scaup may include 45 days with a 2 bird bag limit and 15 days with a 1 bird bag limit. The season for canvasbacks would be closed. Season lengths for Canada geese are expected to be: Collins Zone – 66 days; Horicon Zone – 92 days; Exterior Zone – 85 days; and Mississippi River Subzone – 85 days.
There would be two time periods for hunting Canada geese in the Horicon Zone.
Plain language analysis
This rule order establishes the season length and bag limits for the 2009 Wisconsin migratory game bird seasons. For ducks, the state is divided into two zones each with 60-day seasons. The season begins at 9:00 a.m. September 26 and continues for 60 consecutive days in the north, closing on November 24. In the South the season begins at 9:00 a.m. on October 3 and continues through October 11, followed by a 5-day split, and then reopens on October 17 and continues through December 6. The daily bag limit is 6 ducks including no more than: 4 mallards, of which only one may be a hen, one black duck, one pintail, 3 wood ducks, and 2 redheads. For scaup the daily bag limit will be 2 scaup for 45 days and 1 scaup for 15 days . The canvasback season is closed.
For Canada geese, the state is apportioned into 3 goose hunting zones: Horicon, Collins and Exterior. Other special goose management subzones within the Exterior Zone include Brown County, Burnett County, Rock Prairie and the Mississippi River. Season lengths are: Collins Zone - 66 days (three hunting periods, September 16 – October 4, October 5 – 25, October 26 – November 20); Horicon Zone - 92 days (2 hunting periods, first period beginning September 16 and the second on November 2); Exterior Zone in the northern duck zone - 85 days (Sept. 19 – Dec. 12); Exterior Zone in the southern duck zone – 85 days (Sept. 19 – Oct. 11 and Oct. 17 – Dec. 17) and Mississippi River subzone - 85 days (Oct. 3 – Oct. 11 and Oct. 17 – Dec. 31). The Burnett County subzone is closed to Canada goose hunting. The statewide daily bag limit for Canada geese in all zones is 2 birds per day during the open seasons within the zones.
Comparison with federal regulations
Under international treaty and Federal law, migratory game bird seasons are closed unless opened annually via the U.S. Fish and Wildlife Service (FWS) regulations process. As part of the Federal rule process, the FWS proposes a duck harvest-management objective that balances hunting opportunities with the desire to achieve waterfowl population goals identified in the North American Waterfowl Management Plan (NAWMP). Under this harvest- management objective, the relative importance of hunting opportunity increases as duck populations approach the goals in the NAWMP. Thus, hunting opportunity would be maximized when the population is at or above goals. Additionally, while FWS believes that the NAWMP's population goals would tend to exert a conservative influence on overall duck harvest-management. Other factors, such as habitat, are to be considered.
In the past, the regular Canada goose season was based on the allowable Mississippi Valley Population (MVP) harvest which was determined based on the spring breeding population estimate obtained from an aerial survey of the MVP breeding range as prescribed by the Mississippi Flyway MVP management plan. However, because locally produced giant Canada geese now constitute a considerable portion of the harvest in all states that also harvest Mississippi Valley Population birds, the Mississippi Flyway Council is testing the use of a standard season framework for 5 years. Beginning in the fall of 2007 and continuing through 2011, season lengths and bag limits for each MVP harvest state will remain unchanged. Each state retains the flexibility to schedule the timing of their Canada goose season. In addition, if the MVP spring population numbers dropped to a predetermined low level during the 5-year period, the stable season framework would be adjusted.
All proposed modifications are consistent with these parameters and guidelines which are annually established by the Fish and Wildlife Service in
50 CFR 20.
Comparison with rules in adjacent states
Since migratory bird species are managed under international treaty, each region of the country is organized in a specific geographic flyway which represents an individual migratory population of migratory game birds. Wisconsin along with Minnesota, Michigan, Illinois and Iowa are members of the Mississippi Flyway. Each year the states included in the flyways meet to discuss regulations and guidelines offered to the flyways by the FWS. The FWS regulations and guidelines apply to all states within the Flyway and therefore the regulations in the adjoining states closely resemble the rules established in this rule order, and only differ slightly based on hunter desires, habitat and population management goals. However, these variations fall within guidelines and sideboards established by the FWS.
Summary of factual data and analytical methodologies
For the regular duck season, a data based process called Adaptive Harvest Management is used annually by the USFWS and the Flyways to determine which of 3 framework alternatives best matches the current year's data on populations and habitat (data from the spring pond and duck survey). The option of a closed season is also possible if survey conditions indicated that this was necessary for the management of duck populations. The determination of which alternative is selected is based in part on the spring wetland conditions on the breeding grounds and the Mid-Continent Mallard population. These data come from the May Pond and Breeding Waterfowl Population Surveys conducted by the USFWS and Canadian Wildlife Service on the traditional survey areas as well as surveys from select states, including Wisconsin.
