EmR0906 Hearing to consider emergency rules to revise Ch. DCF 120, relating to emergency assistance for needy families.

•   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

Family and Economic Security, Chs. DCF 101-153

EmR0906

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	MADISON
Thursday	GEF 1 Building
1:30 p.m.	201 E. Washington Avenue Room H204

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 [phone] 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

[phone]

[e-mail]

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

Sections 49.138 and 227.11 (2) (a) , Stats.

Statutes interpreted

Section 49.138 , Stats.

Related statutes or rules

Section 846.35 , Stats., as created by 2009 Wisconsin Act 2 ; Section 16.957 , Stats., and Chapter Adm 45 .

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:

•   The total of the maximum payment amount per group member multiplied by the number of members of the Emergency Assistance group.

•   The amount requested by the group.

•   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:

•   The group needs financial assistance to obtain or maintain basic heat and electricity.

•   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

The Department analysis of the housing costs of low-income families is based on data from the Food Share program for December 2007.

The executive budget bill, 2009 Assembly Bill 75, includes a proposal to eliminate the requirement that the maximum payment amount set by the Department be based on family size. The Department's Bureau of Working Families is implementing the new payment amounts based on the current statutory language to not delay necessary assistance to smaller low-income families.

Energy crisis

Section 49.138 (1m) , Stats., provides that the Department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member. The statute is silent on whether the Department may establish a maximum payment amount based on any criteria other than per family member for cases of need due to energy crisis. The rule establishes a maximum payment amount per group regardless of group size.

Comparison with federal requirements

Emergency Assistance is a Temporary Assistance to Needy Families (TANF) program option available to states under previous Aid to Families with Dependent Children (AFDC) statutes to provide short-time assistance to needy families with children. Wisconsin chose to continue the Emergency Assistance program when Wisconsin repealed the AFDC program and accepted federal TANF block grant funds.

There are no federal requirements related to this emergency rule, except that TANF funds must be used to provide assistance to families with children.

Comparison with rules in adjacent states

None of the adjacent states appear to have an Emergency Assistance program that is as similar to the AFDC-related Emergency Assistance program as that of Wisconsin. These states do have a variety of crisis assistance and prevention programs that are administered in different ways. The programs are generally not limited to families with children.

Fiscal Estimate

State fiscal effect

None.

Local government fiscal effect

None.

Long-range fiscal implications

None.

Agency Contact Person

Rebecca Swartz

Bureau of Working Families

[phone]

[e-mail] .

Notice of Hearing

Veterans Affairs

CR 09-026

NOTICE IS HEREBY GIVEN That pursuant to s. 45.40 (3m) , Stats., and Chapter 227 of the Wisconsin Statutes, the Wisconsin Department of Veterans Affairs will hold a public hearing to consider the amendment of Section VA 2.01 (2) (a) , (b) , (3) (b) and (c) , relating to the assistance to needy veterans grant program.

Hearing Information

The public hearing will be held:

June 18, 2009	Wis. Dept. of Veterans Affairs
Thursday	Board Room, 8th Floor
11:00 a.m.	30 West Mifflin Street Madison, WI

The public hearing site is accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact James A. Stewart at [phone] or [e-mail] .

Submission of Written Comments

Written comments on the proposed rules may be submitted to James A. Stewart, 30 West Mifflin Street, P.O. Box 7843, Madison, WI 53707-7843; Phone: [phone]; E-Mail: [e-mail]

Comments should be submitted no later than July 2, 2009.

Analysis Prepared by the Wisconsin Department of Veterans Affairs

Statute interpreted

Section 45.40 , Stats.

Statutory authority

Section 45.40 (3m) , Stats.

Explanation of agency authority

The department is charged with administering a grant program to assist needy veterans with subsistence and health care. It provides eligible applicants with subsistence payments when a loss of income is caused by illness, injury or a natural disaster for up to 90 days following the date of the loss of income. It also provides grants for obtaining dental, hearing and vision care through private health care providers.

Related statute or rule

There is no related statute or rule.

Plain language analysis

The amendment of VA 2.01 (2) (a) will limit the period for which a subsistence aid application can be made and require the applicant to list all available assets the applicant has at the time of application for the benefit. The amendment to VA 2.01 (2) (b) will allow the use of concurrent applications in the health care aid program if written and binding quotes for the health care procedures have been submitted to the department. To facilitate the administration of concurrent applications, health care providers will be required to request payment from the department within 30 days of the last day the health care procedure may be obtained by the grantee. The amendment to VA 2.01 (3) (b) will allow applicants to apply for subsistence aid at any point in the 90 day period following the applicant's loss of income from an illness, injury or natural disaster. The amendment to VA 2.01 (3) (c) will update the restrictions identified in the program in accordance with the amendments to the statute enacted in 2007.

Comparison with federal regulations

There is no current or pending federal regulation which would provide subsistence or health care aid for the eligible veterans under this program.

Comparison with rules in adjacent states

There are no similar rules in adjacent states.

Summary of factual data and analytical methodologies

County veterans service officers, veteran service organizations and department staff reviewed historical data to determine whether existing application procedures for the Assistance for Needy Veterans Grant program adequately addressed the needs identified by veterans and health care providers. The review identified issues related to the application process for the subsistence aid grant, including the need for an application period which was concurrent with the emergent period covered by the grant and additional flexibility for making an application following the first 30 day period of the 90 day period covered by the grant. The report also identified issues related to concurrent applications for health care aid related to tracking income limitations while providing eligible veterans the ability to access multiple health care needs. These needs were summarized in a report to the Secretary of the department and presented to the Board, with recommended actions, in June, 2008.

Analysis and supporting documents used to determine effect on small business

No analysis was performed regarding an economic impact statement.

Small Business Impact

These rules do not appear to have any effect upon small businesses, nor any significant fiscal impact upon the private sector.

Fiscal Estimate

Summary

The proposed rule amendment will show a decrease in the department's denial rate of the grant for eligible veterans. The only data available to estimate the fiscal effect are the number of grant applications denied in FY08 because the veteran failed to submit an application within the required 30-day time limit. Available data shows that 40 of the 127 SAG applications disapproved in FY08 were denied for not meeting the 30-day limit. The average SAG grant in FY08 was $1,997. Consequently, the proposed rule change would increase projected SAG expenditures by at least $79,900 (40 x $1,997).

The base level funding for SAGs is $172,000 per fiscal year. A total of $119,800 in SAGs were approved in FY08. The increased funding needed to cover the estimated 40 additional SAGs is $27,700 ($199,700 - $172,000).

Please contact James A. Stewart, 30 West Mifflin Street, P.O. Box 7843, Madison, WI 53707-7843 or Phone: [phone] or E-Mail: [e-mail] to request a copy of the fiscal estimate.

State fiscal effect

Increase costs. Will not be possible to absorb within the agency's budget.

Local government fiscal effect

None.

Fund sources affected

SEG.

Affected ch. 20 appropriation

Section 20.485 (2) (vm) , Stats.

Agency Contact Person

James A. Stewart, Chief Legal Counsel

30 West Mifflin Street

P.O. Box 7843

Madison, WI 53707-7843

Phone: [phone]

Email: [e-mail]

Text of Proposed Rules

SECTION 1. VA 2.01 (2) (a) is amended to read:

VA 2.01 (2) GRANT APPLICATION. (a) Forms required. A grant application shall be submitted on a department approved form. It may be submitted through a county veterans service officer, through any other department authorized agent, or directly to the department, either manually or electronically. The application shall specify the type of care being requested and if the care requested is subsistence aid, the application must be submitted no later than the 91 st day following the verified loss of income due to illness, injury or natural disaster . A declaration of aid shall be submitted with the application. The declaration shall state that the applicant has applied for all aid offered through or administered by the county, including aid from the federal or state government and shall list all assets available to the applicant or the applicant's family . If requested by the department the applicant shall submit evidence establishing that all other available aid has been applied for and accepted. The department may request additional verification of any information provided in the application. The department shall notify the applicant or applicant's county veterans service officer if any required documentation is missing or if further verification is required to make a decision on the applicant's eligibility. The department shall terminate an application if such documentation or verification does not arrive at the department's central office within 30 days of that notification.

SECTION 2. VA 2.01 (2) (b) (1) is amended to read:

VA 2.01 (2) GRANT APPLICATION (b) Eligibility. 1. `All applicants.' Except for applicants who are eligible under subd. 3., the applicant's income shall not exceed 130% of the federal poverty guidelines, in effect on the date the application arrives at the department's central office, for the number of family members living in the primary residence. An applicant may apply for subsistence aid, health care aid, or both. Applications approved by the department shall have the balance of the maximum available aid allocated towards each type of aid requested, unless the applicant indicates a lesser amount in writing. Applications shall be denied if no unallocated funds are available at the time of application. The department shall indicate on each description of benefits the type of health care or subsistence aid authorized, the date the department confirmed that the applicant was eligible for the grant, a date 90 calendar days from that date, the unallocated amount available for each type of aid and for the cumulative limits of this section, and the amount of aid being authorized. No more than one description of benefits may be outstanding at any time, except where all health care providers have submitted binding quotes prior to the issuance of more than one description of benefits, and are willing to accept payment from this program in full for any service rendered to the applicant in accordance with the description of benefits. The department shall pay the lesser of the actual cost of services invoiced or the binding quote submitted by the health care provider. No payment shall be made by the department unless an itemized written invoice is received by the department within 30 days of the expiration date, or any approved extension of that expiration date, as identified in the applicable description of benefits. Authorized applications for health care aid may not be withdrawn without the agreement of the provider of the health care aid.

SECTION 3. VA 2.01 (3) (b) is amended to read:

VA 2.01 (3) LIMITATIONS (b) Subsistence aid. Subsistence aid may be granted for a thirty-day period if an applicant presents evidence of a loss of income due to illness, injury, or a natural disaster. Subsistence aid may also be granted for a 3-month period if the applicant presents evidence that incapacitation will last for 3 or more months is available for the 90 day period following the date of the verified loss of income due to illness, injury or a natural disaster. Applications may be made for any 30 day period within the 90 days following the date of the verified loss of income. No more than three 30 day periods of subsistence aid may be granted for any verified loss of income due to illness, injury or natural disaster. No subsistence aid will be granted for any period prior to the date the application for subsistence aid is received . Subsistence aid shall be limited to the difference between the amount of earned and unearned income available before the loss of income and the earned and unearned income being received after the loss of income, subject to the limitations under s. 45.40 (1) (b) and (3) , Stats. The applicant shall verify the loss of income by submitting verification of income forms, certified public accounting statements or any other evidence as the department deems credible. Illness or injury must be verified in writing on a form approved by the department. When the department has evidence that the incapacitation will cause an income loss for 3 months 90 days or longer, subsistence grants will be prorated for each of the 3 months 30 day periods unless the department determines that an alternate distribution of the grant would benefit the applicant. If the loss of income is the result of alcohol or other drug abuse, the applicant shall verify current participation in an approved treatment program.

SECTION 4. VA 2.01 (3) (c) is amended to read:

VA 2.01 (3) LIMITATIONS (c) Restrictions. Aid granted for subsistence or health care under s. 45.40 , Stats., is subject to a $ 5,000 7,500 cumulative total based on the aid granted to a veteran and his or her spouse and dependents. The maximum amount of subsistence aid payable in a consecutive 12-month period is $ 2,500 3,000 for dental care, $1,500 per ear for hearing care, and $500 for vision care . The department may provide a grant only if the provider accepts the grant, available health insurance, third party payments on behalf of the applicant and any department-approved payment from the veteran as payment in full. The department may approve a payment by the veteran when a provider refuses to accept the maximum grant available to the veteran as payment in full if the veteran has sufficient available liquid assets to contribute an amount that will induce the provider to accept the aggregate payment as payment in full.