a. Types of small businesses affected: Small private forest landowners and forest industries enrolled under the Forest Crop Law and Managed Forest Law.

b. Description of reporting and bookkeeping procedures required: No new procedures.

c. Description of professional skills required: No new skills.

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

Monday, May 13, 2002 at 11:00 a.m.

Birch Room, Wausau City Hall

407 Grant Street

Wausau, WI

NOTICE IS HEREBY FURTHER GIVEN that 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 Ken Hujanen at (608) 266-3545 with specific information on your request at least 10 days before the date of the scheduled hearing.

Written comments on the proposed rule may be submitted to Mr. Ken Hujanen, Bureau of Forestry, P.O. Box 7921, Madison, WI 53707 no later than May 17, 2002. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule and fiscal estimate is available from Mr. Hujanen.

The new 2003 stumpage rate schedule includes an average 2.85% increase in sawtimber prices and an increase of 8.63% in cordwood prices. The severance and yield tax collection in CY 2001 was $1,173,746.76. Of this, about 20% of the gross revenue is from sawtimber harvests. Eighty percent of the revenue was related to cordwood harvests. As a result, a 2.85% increase in sawtimber prices will produce an increase in gross revenue of about $6,690. An 8.63% increase in cordwood values will generate an increase of $81,035 in revenue. The net result would be an increase of $87,725. The gross receipts are shared between the municipality and state, with each receiving approximately 50%. The municipality in turn shares 20% of their receipts with the county.

The net fiscal effect of the rule change will be about $43,863 increase in state revenue and a $43,863 increase in local revenue. The state revenue received from severance and yield taxes are deposited in the Forestry account of the Conservation Fund.

NOTICE IS HEREBY GIVEN that pursuant to ss. 20.901, 49.143 (2) (c), 49.145 (1), 49.145 (2) (c), 49.145 (2) (f), 49.145 (2) (n), 49.147 (5) (b) 2., 49.33, 103.005 (17), and 227.11, Stats.; ss. 49.145 (3), 49.147 (4) (am), and 49.147 (5) (bm), Stats., as amended by 2001 Wis. Act 16; and s. 49.1473, Stats., as created by 2001 Wis. Act 16, the Department of Workforce Development proposes to hold a public hearing to consider rules relating to Wisconsin works.

Monday, May 13, 2002 at 1:00 p.m.

GEF 1 Building, Room B103

201 E. Washington Avenue

Madison

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.

Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances that may make communication or accessibility difficult 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 audiotape format will be made available on request to the fullest extent possible.

Domestic abuse screening and training. The proposed rule implements the requirement in 2001 Wis. Act 16 that W-2 agencies screen W-2 applicants and participants for domestic abuse and train W-2 agency employees in domestic abuse issues. The domestic abuse screening will be implemented as part of a comprehensive screening of each applicant and participant for mental health, learning disabilities, substance abuse, traumatic brain injury, and domestic abuse.

For the purposes of the screening and training provision, “domestic abuse" includes acts that affect the individual or the individual's dependent child and are engaged in by a spouse or former spouse, an adult with whom the individual has or had a dating relationship, an adult with whom the person has a child in common, an adult or minor family member, or an adult or minor with whom the person resides or formerly resided. The acts include physical acts that result in injury; sexual abuse; threats of, or attempts at, physical or sexual abuse; emotional abuse; verbal abuse; deprivation or destruction of physical or economic resources; neglect or deprivation of medical care; forced isolation; and stalking or harassment. The W-2 agency will use the screening instrument to assess the potential that the individual or the individual's dependent child is or has been a victim of domestic abuse or is at risk of further domestic abuse. The screening will occur during the initial employability planning process for applicants and during the next review or change of employment placement for current participants. A W-2 agency may also administer a domestic abuse screening to a W-2 participant if the agency worker has reason to believe that the participant may need domestic abuse services. A W-2 agency employee shall attend the department's 12-hour training on domestic abuse prior to administering a domestic abuse screening instrument to a W-2 applicant or participant.

If a W-2 agency identifies an individual as a past or present victim of domestic abuse or determines that the individual is at risk of domestic abuse or if the individual identifies himself or herself as a past or present victim of domestic abuse or as an individual who is at risk of further abuse, the W-2 agency shall provide the individual with information on community–based domestic abuse services. The information that a W-2 agency gives to an individual on community-based domestic abuse services shall be provided orally and in writing; current and updated as necessary; culturally appropriate for the individual participant; and provided in languages other than English as appropriate, in accordance with the W-2 contract requirements under s. 49.143 (2), Stats. The information shall include information on local providers of shelters or programs for battered individuals, sexual assault provider services, medical services, sexual assault nurse examiners services, domestic violence and sexual assault hotlines, legal and medical counseling and advocacy, mental health care, counseling, and support groups. If the individual elects to receive counseling or supportive services, the W-2 agency shall provide appropriate community–based referrals. A W-2 participant may refuse to be screened for domestic abuse or may refuse information on or referrals to community-based domestic abuse services without sanction. Participation in the domestic abuse screening and information and referral process may not be a condition of eligibility for a W-2 participant.

W-2 transitions extensions. The proposed rule specifies the criteria for an extension of the 24-month time limit for W-2 transitions placement. Section 49.147 (3) (c) and (4) (b), Stats., provide criteria for determining eligibility for an extension for trial job and community service job placements, but s. 49.147 (5) (b) 2., Stats., provides no criteria for determining eligibility for an extension for a W-2 transitions placement. The department proposes that the W-2 transitions time limit may be extended on a case–by–case basis by the department or by the Wisconsin works agency with the approval of the department if the participant has made all appropriate efforts to find unsubsidized employment by participating in all assigned activities and significant barriers prevent advancement to a higher W-2 employment position or unsubsidized employment.

Qualified alien. The definition of qualified alien for purposes of W-2 nonfinancial eligibility is amended to reflect changes in federal law. The federal statutory scheme provides that to be eligible for a program funded by a Temporary Assistance to Needy Families (TANF) grant an individual must be a U.S. citizen, a national of the United States, or a qualified alien. Under federal law certain categories of aliens may be eligible for TANF, certain categories of aliens may not be eligible for TANF, and a state may choose to serve certain categories of aliens but may not use federal money. The department has chosen to use state maintenance of effort funds to serve as many categories of qualified aliens as are permitted under federal law. Relevant federal law may be found at 8 USC 1611, 8 USC 1612, 8 USC 1613, 8 USC 1641(b), 22 USC 7105, and 8 CFR 289.2.

Training rules. Chapter DWD 17 is amended to reflect the deletion of Wisconsin Works from the statutory definition of income maintenance program at s. 49.33, Stats., pursuant to 2001 Wis. Act 16. Under s. 49.33 (3), Stats., the department retains authority for the promulgation of rules establishing standards of competency, including training requirements, for income maintenance workers. With the transfer of the food stamp program to the Department of Health and Family Services that will be effective July 2002, there will be no income maintenance programs otherwise within the authority of DWD. Pursuant to s. 20.901, Stats., the department proposes to cooperatively share authority for the training of workers in the income maintenance programs under the responsibility of the Department of Health and Family Services and delegate authority to promulgate rules establishing standards of competency and training requirements for income maintenance workers to the Department of Health and Family Services. The rules promulgated by the Department of Health and Family Services would supercede the provisions affecting income maintenance workers in ch. DWD 17 upon their effective date.

Chapter DWD 17 is also amended to create a training requirement for W-2 resource specialists who perform application entry, provide an initial assessment of a potential W-2 applicant's needs, make referrals to service providers, or evaluate an individual's need for W-2. Training for resource specialists will include 6 hours on domestic abuse awareness.

The definition of financial and employment planner (FEP) is clarified to state that for purposes of the training requirements a FEP means a case manager employed by a W-2 agency who determines eligibility, assists in the process of determining eligibility, or performs case management functions.

Miscellaneous statutory updates. Other amendments made to reflect statutory changes include:

• Addition of employer-sponsored training to the education or training activities allowed under W-2 community service job and W-2 transitions placements.

• Exclusion of student financial aid in determining W-2 financial eligibility.

• Amendment of s. 49.145 (2) (n), Stats., on extending the 60-month TANF time limit.

• Extension of child support cooperation requirements to noncustodial parents.

• Repeal of language referring to s. 49.21, 1997 Stats., regarding fair hearings.

References to ch. DWD 11 in ch. DWD 12, relating to the Aid to Families with Dependent Children program, have been deleted because that chapter has been repealed.

Privately-run W-2 agencies may be affected by the rule in the same manner as described for counties under the screening and training subparts of the “fiscal impact" heading.

1. Screening. The department is contracting with the UW-Milwaukee Center for Addiction and Behavioral Health Research for development of the comprehensive screening tool for a cost of $45,000. There will also be some costs associated with changes to the CARES automation system that are not known at this time.

The comprehensive screening tool may result in an increased number of referrals for assessments and increased need for special services, resulting in increased cost to county W-2 agencies.

2. Qualified alien. The department estimates that the expansion of eligibility for W-2 and child care to aliens who are legally present and authorized to work by the INS will result in a monthly increase in each program of 8 cases. This is an annual cost of $64,608 for W-2 and $70,000 for child care. The cost for qualified aliens receiving W-2 or child care is covered by state maintenance of effort funds.

3. Training. Under the statutory framework in place when the current ch. DWD 17 was promulgated, W-2 was considered an income maintenance program and workers in W-2 agencies were “income maintenance workers." The current chapter DWD 17 relies on the statutory definitions of “income maintenance worker" and “financial and employment planner" to determine which W-2 workers are required to receive training under ch. DWD 17. Section 49.33 (1) (c), Stats., defined an “income maintenance worker" as a person “whose duties include determinations or redeterminations of income maintenance program eligibility" and s. 49.141, Stats., defines a “financial and employment planner" as a caseworker “who provides financial or employment counseling services to a participant."

Under 2001 Wis. Act 16, W-2 is no longer an income maintenance program and the statutory definition of income maintenance worker has been repealed. The proposed rule defines the training requirements for W-2 workers based on important job duties performed in W-2 agencies. The rule specifies a training requirement for resource specialists, who are defined as workers who perform application entry, provide an initial assessment of a potential W-2 applicant's needs, make referrals to service providers, or evaluate an individual's need for W-2. It is currently unclear whether resource specialists are covered by the rule with the “income maintenance worker" definition as the determining criteria. The proposed rule also creates a definition of “financial and employment planner" based on job duties for which the department believes it is critical that W-2 workers receive the training designed for the financial and employment planners. The rule defines a “financial and employment planner" as a case manager “who determines eligibility, assists in the process of determining eligibility, or performs case management functions." It has been difficult to apply the current statutory definition of “financial and employment planner" to determine who should receive training in agencies where workers have other job titles.

The rule specifies new criteria that determine which workers are covered by the training requirements. This may result in some increased costs for counties that will be required to train workers who would not be clearly covered by the current rule.

The proposed rules are available on the DWD web site at http://www.dwd.state.wi.us/dwd/hearings.htm. A paper copy may be obtained at no charge by contacting:

Elaine Pridgen

Office of Legal Counsel

Dept. of Workforce Development

201 E. Washington Avenue

P.O. Box 7946

Madison, WI 53707-7946

(608) 267-9403

pridgel@dwd.state.wi.us

Written comments on the proposed rules received at the above address no later than May 15, 2002, will be given the same consideration as testimony presented at the hearing.