• Animal bedding.
• Wiping cloths.
• Baler twine.
• Potpourri.
• Communication paper.
• Bulk sand, rock, gravel and stone.
General Standards
This rule incorporates the following general NIST standards (or makes DATCP rules more consistent with those NIST standards):
• Price declarations for food commodities sold from bulk by weight (must be shown per whole unit, not fractional unit, of weight).
• Price presentation (showing fractions of a cent).
• Combination quantity declarations.
• Vending machine labeling.
• Railroad car tare weights.
Comparison with federal regulations
States have the primary responsibility for regulating methods of sale of commodities. The federal government (NIST) has published model method-of-sale standards, to promote effective state regulation and interstate uniformity. But those standards are not legally binding unless adopted by the states.
Comparison with rules in adjacent states
All surrounding states have adopted the NIST standards that DATCP proposes to adopt in this rule.
Standards incorporated by reference
This rule incorporates, by reference, standards contained in
NIST Handbook 130 (2009 edition), published by the national institute of standards and technology, United States department of commerce. Pursuant to s.
227.21, Stats., DATCP has requested permission from the Wisconsin Department of Justice to incorporate the standards by reference in this rule. Copies of the standards will be kept on file with DATCP and the Legislative Reference Bureau.
Summary of factual data and analytical methodologies
This rule is based on standards published by NIST, and are based on NIST data and analytical methodologies.
Small Business Impact
This rule will benefit businesses that sell commodities in more than one state, because it incorporates many of the NIST model standards and thus makes Wisconsin standards more consistent with standards used in 45 other states. This rule also reorganizes and clarifies current rules, so they will be easier to read and understand.
This rule adds some new standards to current rules. However, those standards are based on NIST standards with which most affected businesses are already complying. This rule will not have any significant adverse impact on small business or other affected businesses.
Fiscal Estimate
This rule will have no significant fiscal impact on DATCP or local units of government.
Notice of Hearing
Children and Families
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.138 and
227.11 (2) (a), Stats., the Department of Children and Families proposes to hold a public hearing to consider emergency rules revising Chapter
DCF 120, relating to emergency assistance for needy families.
Hearing Information
June 11, 2009
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MADISON
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Thursday
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GEF 1 Building
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1:30 p.m.
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201 E. Washington Avenue Room H204
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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.
If you have special needs or circumstances regarding communication or accessibility 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 audio format will be made available on request to the fullest extent possible.
Copies of Proposed Rule and Submission of Written Comments
Copies of the emergency rule are available at http:// adminrules.wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule or fiscal estimate by contacting:
Elaine Pridgen — Office of Legal Counsel
Department of Children and Families
201 E. Washington Avenue
Madison, WI 53707
(608) 267-9403
Written comments on the proposed rules received at the above address, email, or through the http://adminrules. wisconsin.gov web site no later than June 19, 2009, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Children and Families
Statutory authority
Statutes interpreted
Related statutes or rules
Explanation of agency authority
Section
49.138, Stats., provides that the Department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or impending homelessness, or energy crisis. There are 6 criteria under which a family may be considered to be homeless or to be facing impending homelessness. One of these criteria is if the family is without a fixed, regular, and adequate nighttime residence.
The Department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member.
Summary of the rule
Eligibility for tenants facing impending homelessness because of a foreclosure action
Under the current rule on Emergency Assistance, a group in rental housing that is facing impending homelessness because of a foreclosure action against their landlord is not eligible for assistance to obtain a new permanent living accommodation. To be eligible for Emergency Assistance for impending homelessness a group must be experiencing a financial crisis that makes it very difficult to make a rent payment, mortgage payment, or property tax payment and have been notified that they will be required to leave their current housing if they do not make that payment immediately.
In 2008, foreclosure filings in Wisconsin were 62% higher than in 2007 and were 249% higher than in 2006. The Joint Center for Housing Studies estimates that investor-owned one- to four-family rental properties account for nearly 20% of all foreclosures nationally. Despite the fact that low income families generally know that Emergency Assistance is not available for renters losing their housing due to a foreclosure action against the owner, at least 18 families in this situation have applied for Emergency Assistance at Milwaukee W-2 agencies in recent months.
Renters of properties in foreclosure can be even more vulnerable to homelessness than owners because tenants often have limited notice of the foreclosure and few resources to allow them to obtain replacement housing quickly. Until the recent enactment of s.
846.35 Stats., as created by
2009 Wisconsin Act 2, there was no requirement of notice to tenants in foreclosure of residential rental property. Section
846.35, Stats., provides that the plaintiff in an action for foreclosure of residential rental property must notify the tenant at filing of the action, when judgment is entered, and when the hearing to confirm the sale of the property has been scheduled. In addition, a tenant may retain possession of the rental unit for up to 2 months after the end of the month in which the sale of the property is confirmed. These new protections for tenants apply to foreclosure actions that are commenced on or after March 5, 2009. The timeline for a foreclosure action can vary widely with the redemption period ranging from 3 to 12 months. Tenants facing removal from foreclosed properties for at least the next 4 months will clearly not be covered by s.
846.35, Stats.
This emergency rule provides that a group in rental housing that is facing impending homelessness because of a foreclosure action against their landlord will be eligible for Emergency Assistance to obtain a new permanent living accommodation. To be eligible for assistance, the group must have received written or oral notice that they will be removed from their rental housing because of a foreclosure action against the owner, the removal of the group from the rental housing is scheduled to occur within 30 days, and the group needs emergency assistance to obtain a permanent living accommodation. The Wisconsin Works agency will verify eligibility.
Payment amounts for types of need other than energy crisis
Section
49.138, Stats., provides that the Department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member. Under the current rule, the payment amount for cases of need due to fire, flood, natural disaster, homelessness, and impending homelessness is the lowest of the following:
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The total of the maximum payment amount per group member multiplied by the number of members of the Emergency Assistance group.
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The amount requested by the group.
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The total financial need due to the emergency.
For many years, the maximum payment amount per group member has been $150.
In 2008, there were 10,458 Emergency Assistance grants issued and 93% were cases of need due to homelessness or impending homelessness. The current grant amounts for homelessness and impending homelessness are insufficient for smaller households to obtain or retain a permanent living accommodation. A 2-person group is eligible for a grant of $300 and a 3-person group is eligible for a grant of $450. The Department's analysis of housing costs for low-income families found that average rental costs are higher than $470 for the smallest households in the counties where a majority of Emergency Assistance grants are issued, and rent does not increase proportionally with each new group member. Housing costs for families with 2 – 4 members are similar, and housing costs for families of 5 or more are similar with some increases for larger families. In SFY 08, Emergency Assistance grants issued to smaller size families of 2 to 3 members were 57% of total grants.
This emergency rule changes the payment amounts that eligible families will receive by increasing the amounts for smaller size families and decreasing the amounts for larger size families. The amounts were arrived at by attempting to make the overall fiscal impact cost neutral and within the existing amount of funds allocated for the Emergency Assistance program. The maximum payment amounts will be $258 per group member when the group is 2 members, $172 per group member when the group is 3 members, $129 per group member when the group is 4 or 5 members, and $110 per group member when the group is 6 or more members. This will result in the following total payment amounts:
2 to 4 members $516
5 members $645
6 members $660
7 + members $110 for each additional member
Notice of changes to the maximum payment amounts will be published in the Administrative Register.
The rule complies with the statutory requirement that the Department establish the maximum amount of aid to be granted per family member by having different maximum payment amounts for members of groups of different sizes.
Energy crisis
Under the current rule, an Emergency Assistance group is eligible for assistance if need has resulted from an emergency due to energy crisis, including lack of or imminent loss of essential home heating, with an immediate threat to the health or safety of the group either existing or likely to exist. The payment amount is the amount requested by the group or the total financial need due to the emergency. Financial need may include heating fuel, electricity, and repair or replacement services necessary to obtain or maintain the basic heat and electricity requirements of an average household.
There is currently no maximum payment amount for Emergency Assistance based on need due to an energy crisis. For all other types of need, there is a maximum payment amount based on group size. The average Emergency Assistance grant for all types of need is approximately $512. Some grants for energy crisis have been as high as $3,300. From July 2007 to September 2008, approximately 6% of Emergency Assistance grants for energy crisis were $1,000 or above, totaling over $41,000.
This emergency rule establishes a maximum payment amount per group for cases of need due to energy crisis. The initial maximum payment amount will be $500 and changes to that amount will be announced in the Administrative Register. A group is eligible for assistance if the group meets the following criteria:
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The group needs financial assistance to obtain or maintain basic heat and electricity.
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The lack or imminent loss of heat or electricity is or is likely to be an immediate threat to the health or safety of the group.
•
The energy crisis is due to reasons beyond the control of an adult member of the group or constitute good cause as determined by the W-2 agency.
•
The group has exhausted resources available through the Wisconsin Home Energy Assistance Program (WHEAP) and assistance available through local utility companies as required by the Public Service Commission.
The WHEAP program had $147 million available for low income energy assistance this heating season. The total Emergency Assistance available for all types of emergency for FY 09 was initially $6 million. Another $1 million was added in
2009 Wisconsin Act 2.
Summary of factual data and analytical methodologies
The policy changes in this rule are based on recommendations of a workgroup comprised of representatives of W-2 agencies and advocacy groups.
Impending homelessness due to foreclosure
Section
49.138 (1m) provides that a family is homeless or facing impending homelessness if the family is not in a fixed, regular, and adequate residence. A family is not in a fixed, regular, and adequate residence if they have been notified that they will be removed from their rental housing due to a foreclosure action against the owner and the removal of the group is scheduled to occur within 30 days.
The statistics on the increase in foreclosures in Wisconsin are from
Home foreclosures up 81% in U.S., 62% in Wisconsin,
http://www.madison.com, January 15, 2009.
The estimate on the number of foreclosures that are one- to four-family rental properties is by Nicolas P. Retsinas, Director of the Joint Center for Housing Studies, quoted on the website of the National Coalition for the Homeless,
http://www.nationalhomeless.org/foreclosure/index.html, March 9, 2009.
Payment amounts
