• Nutrition education.
• Health or fitness incentive programs.
• Vaccinations.
• Employee physical examinations.
The legislature under s.
250.21 (3), Stats., provides that the maximum amount that the department award to all applicants in any fiscal year is $3,000,000. Section
250.21 (3), Stats., further provides that the department may not award grants for workplace wellness programs in existence before March 15, 2014, and sunsets grant disbursements on December 31, 2018.
The department is required under s.
250.21 (4), Stats., to establish rules to administer workplace wellness program grants. The department proposes to establish, by rule, an application process, application review criteria, and an appeal process for applications that are not approved.
There are no reasonable alternatives to the proposed rulemaking. Section
250.21, Stats., requires the department to promulgate rules to administer the workplace wellness program grants.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
(2) WORKPLACE WELLNESS PROGRAM GRANTS. Subject to the limitations provided under sub. (3) and after the department's approval of the application, from the appropriation account under s.
20.435 (1) (bn), the department shall award a grant to each applicant who provides a workplace wellness program to any of the applicant's employees who are employed at a small business in this state in an amount not to exceed 30 percent of the amount that the applicant paid during the year to provide such a program, not including any amount paid to acquire, construct, rehabilitate, remodel, or repair real property.
(3) LIMITATIONS. The maximum amount of the grants that may be awarded to all applicants in any fiscal year is $3,000,000. No applicant may be awarded a grant under this section for a workplace wellness program in existence before March 15, 2014. No applicant may be awarded more than one grant under this section. No grants may be awarded under this section after December 31, 2018.
(4) ADMINISTRATION. A person wishing to receive a grant under this section shall apply for a grant in the manner prescribed by the department. An applicant shall include with the application an itemized list of the applicant's expenditures for providing a workplace wellness program. The department shall promulgate rules to administer this section.
Section 227.11 (2) (a), Stats. reads: Rule-making authority is expressly conferred on an agency 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.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates that it will take approximately 80 hours to develop the proposed rules. This includes the time required for research and analysis, coordinating advisory committee meetings, rule drafting, preparing any related documents, holding a public hearing, and communicating with affected persons and groups.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rules will impact businesses with 50 or fewer employees that choose to establish a workplace wellness program and apply for a grant, and the employees of such businesses.
7. 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
There appear to be no existing or proposed federal regulations that address the activities to be regulated by the rules.
8. Anticipated Economic Impact of Implementing the Rule
The proposed rules are anticipated to have little or no economic impact if promulgated.
Contact Person
Jon Morgan, Department of Health Services, Chronic Disease Prevention Unit,
Jonathon.morgan@wi.gov, 608-266-9781.
Susan Uttech, Department of Health Services, Bureau Director, Community Health Promotion, susan.uttech@ wi.gov, 608-267-3561.
Public Service Commission
(PSC Docket # 1-AC-247 )
This statement of scope was approved by the governor on June 23, 2014.
Rule No.
Relating to
Rule Type
Permanent.
1. Finding/Nature of the Emergency (Emergency Rule Only)
Not applicable
2. Description of the Objective of the Rule and Expected Financial Impact
This rulemaking will bring PSC administrative rules into conformance with
2013 Wisconsin Act 274 (Act 274). Any financial impact occurred when the statute was enacted. The rulemaking only conforms the rules where necessary, thus it should not have a financial impact.
3. Description of Existing Policies Relevant to the Rule and New Policies Proposed to be Included in The Rule and Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Currently, when a customer has an arrearage with a municipal utility, the utility has authority to transfer the arrears to the property tax roll for the property where service is provided. This can result in a tenant's arrears becoming the responsibility of the property owner. Section
66.0809, Stats., as amended by Act 274, provides a way in which a landlord can ensure that the responsibility for a tenant's arrears remains with the tenant, by creating a lien against the tenant's assets. The statute also:
• Allows a landlord to tell a municipal electric utility to disconnect a tenant's electric service if past-due charges remain unpaid.
• Requires a municipal utility to, upon request, disclose to a rental unit owner whether a new or prospective tenant has arrears with that utility at a different address.
• Provides that municipal utilities are not required to offer a tenant a deferred payment agreement.
• Allows a municipal utility to adopt application, deposit, disconnection or collection rules that distinguish between customers who own or who rent property.
Currently, disconnection, deposit, deferred payment agreement, and collection rules generally apply the same to all customers, regardless of whether they rent or own a residential dwelling.
4. Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11, Stats., authorizes agencies to promulgate administrative rules. Section
196.02 (1), Stats., authorizes the commission to do all things necessary and convenient to its jurisdiction. Section
196.02 (3), Stats., grants the commission specific authority to promulgate rules.
5. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The Commission estimates that less than 150 hours will be spent developing this rule. No other resources should be necessary.
6. Description of all Entities that may be Impacted by the Rule
Municipal gas, electric and water utilities, tenants, and landlords.
7. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
None.
Contact Person
Joyce M. Dingman
Public Service Commission of Wisconsin
(608) 267-6919
Safety and Professional Services —
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
This statement of scope was approved by the governor on June 23, 2014.
Rule No.
Relating to
Social worker credential requirements.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective is the correct rules which place a burden on the applicants by going beyond statutory requirements.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The current rule contains a requirement that an applicant for a clinical social worker license must complete their 3,000 hours supervised clinical social work practice in no less than 2 years. The legislature removed the 2 year requirement when it inserted the 3,000 hours requirement. The current rule also requires the 1,000 hours of face-to-face client contact to include DSM diagnosis and treatment of individuals. This is requirement is not in the statutes. Therefore, these two requirements put a higher burden on the applicant than the statutory requirements. The policy proposed is to remove these two requirements.
Wis.
2013 Act 114 created a provision that a credentialing board may not require a person to complete any postsecondary education or other program before the person is eligible to take an examination for a credential the credentialing board grants or issues. Section
MPSW 5.01 states the examination for social worker or advanced practice social worker may be taken prior to the completion of the required degree upon confirmation from the applicant's school that the applicant is in good standing and is within 6 months of graduation. The current rule goes beyond the statutes by requiring the school to indicate the person is in good standing and limiting the ability of the applicant to decide when to take the test.
The alternative to the proposed policy is to continue with rules which place the threshold above the statutory requirements.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
15.08 (5) (b) Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
457.03 (1) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure under this chapter and for supervised clinical training that must be completed for licensure as a clinical social worker, marriage and family therapist, or professional counselor under this chapter and approve educational programs and supervised clinical training programs in accordance with those standards.
457.03 (3)
Upon the advice of the social worker section, promulgate rules establishing levels of social work practice for individuals with master's or doctoral degrees in social work, in addition to the levels of practice for which certificates are granted under s.
457.08 (2) and
(3), and establishing appropriate educational, training, experience, examination, and continuing education requirements for certification and renewal of a certificate at each level of practice established in rules promulgated under this subsection.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
35 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Social worker, advanced social worker, and clinical social worker applicants.
7. 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
