Finding/Nature of Emergency (Emergency Rule only):
Section
49.155 (3m) (d), Stats., as affected by
2011 Wisconsin Act 32, prohibits a parent who is a child care provider from receiving a child care subsidy for care of the provider's children by another child care provider. The prohibition on assistance does not apply if the child's parent has applied for, and been granted, a waiver. Implementation of an emergency rule specifying the circumstances under which the department or an agency will grant a waiver is necessary to protect certain vulnerable children.
Detailed Description of the Objective of the Proposed Rule
The rule will specify the circumstances, or standards for determining the circumstances, under which a child care administrative agency will grant a waiver under s.
49.155 (3m) (d), Stats.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
A parent who is a child care provider may apply to the child care administrative agency for a waiver requesting assistance for child care services provided for the provider's child by another child care provider. The department or agency may grant a waiver if any of the following apply:
• The department or agency determines that assistance is appropriate because the child has a special need.
• The parent is the child's foster parent.
• The parent is the child's guardian or interim caretaker and is receiving subsidized guardianship payments for the care and maintenance of the child.
• The parent is the child's kinship care relative, the child has been placed with the relative under a court order, and the relative is receiving kinship care payments for the care and maintenance of the child.
• Both of the following apply:
○ The child's biological parent is a dependent minor child under the age of 18 who attends high school or participates in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation.
○ The dependent minor parent and the child reside with a person who is considered the parent for purposes of the child care subsidy program and who may be the dependent minor parent's custodial parent, kinship care relative, foster parent, or guardian receiving subsidized guardianship payments for the care and maintenance of the dependent minor parent.
Detailed Explanation of Statutory Authority for the Rule
Section
49.155 (3m) (d), Stats., as affected by
2011 Wisconsin Act 32, provides that no child care subsidy funds may be used for child care services that are provided for a child by a child care provider who is the parent of the child or who resides with the child. In addition, no child care subsidy funds may be used for child care services that are provided by another child care provider if the child's parent is a child care provider.
This prohibition does not apply if the child's parent has applied for, and been granted, a waiver of by the county department, agency, or by the department. Section
49.155 (3m) (d) 4., Stats., directs the department to promulgate rules that specify the circumstances, or standards for determining the circumstances, under which a local agency or the department will grant a waiver.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
80 hours.
List with Description of All Entities that may be Affected by the Proposed Rule
Child care providers, low-income parents who are child care providers.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
Minimal or no economic impact.
Contact Person
Susan Mathison, Division of Early Care and Education
(608) 266-8832
Employee Trust Funds
This statement of scope was approved by the governor on July 30, 2012.
Rule No.
Relating to
Technical changes to ETF rules.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The objective of this technical rule is to make to technical updates to existing ETF rules, create consistency with statutes recently amended by the legislature, and make other minor substantive changes. This rule:
A. Removes the language in an existing rule relating to the benefit adjustment contribution.
B. Changes an existing rule to allow employers more flexibility in the deadlines for submitting monthly reports to ETF.
C.
Changes an existing rule in order to comply with
2011 Wisconsin Act 32 eligibility requirements for employees initially working for a Wisconsin Retirement System employer on or after July 1, 2011.
D. Allows benefits paid via electronic deposit to go to any financial institution account designated by the member, beneficiary or distributee of an estate and approved by ETF.
E.
Changes the existing rule regarding local public employers health insurance to comply with
2011 Wisconsin Act 133.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
A.
ETF s.
10.01 (3i) is amended to remove the language referencing the benefit adjustment contribution, since that type of contribution to the Wisconsin Retirement System was eliminated by
2011 Wisconsin Act 10. No new policies are being proposed and no policy alternative is presented.
B.
ETF s.
10.63 establishes various deadlines by which reports are due to be filed with the department. The proposed rule allows employers more flexibility in the deadlines for submitting monthly reports to ETF and will allow the ETF Secretary to respond rapidly to future changes and needs. The need for flexibility arose because of changes made by
2011 Wisconsin Act 10 that required employers to pay insurance premiums for state and local employees until the end of the month of an employee's termination. A policy alternative is to set new specific due dates into the Administrative Code.
C.
ETF ss. 20.015 (1) and (2), regarding participating employees, are repealed and replaced with language to comply with
2011 Wisconsin Act 32 eligibility requirements, including two paragraphs concerning educational support personnel employees. No new policies are being proposed and no policy alternative is presented.
D.
A rule is created to allow a member, beneficiary, or distributee of an estate who has benefits paid via electronic deposit into a financial institution account owned by him/her to designate a representative payee, nursing home, religious order or other entity that is approved by ETF. This rule change would make it easier for a member, beneficiary, or distribute of an estate to meet their financial obligations.
E.
ETF s.
40.10 is amended to comply with
2011 Wisconsin Act 133 and permit governmental employers who are not participating employers in the Wisconsin Retirement System to be covered in the local government health insurance plan offered by the Group Insurance Board.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Wis. Stat. s.
40.03 (2) (i) The secretary
…Shall promulgate, with the approval of the board, all rules, except rules promulgated under par.
(ig) or
(ir), that are required for the efficient administration of the fund or of any of the benefit plans established by this chapter. In addition to being approved by the board, rules promulgated under this paragraph relating to teachers must be approved by the teachers retirement board and rules promulgated under this paragraph relating to participants other than teachers must be approved by the Wisconsin retirement board, except rules promulgated under s.
40.30.
Wis. Stat. s.
40.03 (2) (ig) The secretary
…Shall promulgate, with the approval of the group insurance board, all rules required for the administration of the group health, long-term care, income continuation or life insurance plans established under subchs.
IV to VI.
Wis. Stat. s.
227.11 (2) Rule-making authority is expressly conferred as follows:
(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
(b) Each agency may prescribe forms and procedures in connection with any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but this paragraph does not authorize the imposition of a substantive requirement in connection with a form or procedure.
(c) Each agency authorized to exercise discretion in deciding individual cases may formalize the general policies evolving from its decisions by promulgating the policies as rules which the agency shall follow until they are amended or repealed. A rule promulgated in accordance with this paragraph is valid only to the extent that the agency has discretion to base an individual decision on the policy expressed in the rule.
(d) An agency may promulgate rules implementing or interpreting a statute that it will enforce or administer after publication of the statute but prior to the statute's effective date. A rule promulgated under this paragraph may not take effect prior to the effective date of the statute that it implements or interprets.
(e) An agency may not inform a member of the public in writing that a rule is or will be in effect unless the rule has been filed under s.
227.20 or unless the member of the public requests that information.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
State employees will spend an estimated 40 hours to develop these rules.
List with Description of All Entities that may be Affected by the Proposed Rule
The new rules will affect state and local public employers, members, subscribers, their beneficiaries and dependents who interact with ETF regarding the benefit programs administered by ETF.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
No existing or proposed federal regulation addresses the contemplated rule changes.
Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
ETF anticipates that the proposed rule will have minimal or no economic impact locally or statewide and will not impact small businesses.
Contact Person
ETF General Counsel, David Nispel. Phone: (608) 264-6936.
Financial Institutions — Credit Unions
This statement of scope was approved by the governor on July 6, 2012.
Rule No.
Relating to
Credit union exams.
Rule Type
Remove obsolete rule.
Detailed Description of the Objective of the Proposed Rule
Repeal DFI-CU-67: Certified Public Accountant Audits of Credit Unions in Lieu of Examinations by the State of Wisconsin.
The statutory citation that allowed for a certified public account audit to be used in lieu of an examination by the State of Wisconsin was removed. As a result this is an obsolete rule that needs to be removed.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Existing Rule: DFI-CU-67 - The director may accept an audit report of a certified public accountant who is not an employee of the credit union in lieu of all or a portion of the routine examination which is made by or caused to be made by the director as required.
Proposed Rule: Remove DFI-CU-67, it is in conflict with the statutes. The previous s.
186.235 (16) (b) was removed and this rule is now obsolete.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The statutory authority for the rule is as follows:
