This statement of scope was approved by the governor on November 1, 2011.

OJA 1.

Collection and analysis of motor vehicle traffic stop information.

Repeal OJA 1 to reflect current statutes. 2011 Act 29 repealed the traffic stop data collection provisions created in 2009 Wisconsin Act 28 (the 2009-11 Biennial Budget) effective June 30, 2011. The Act specifically repeals the rule-making authority of the Office of Justice Assistance (OJA) relating to the types of information that law enforcement agencies must collect regarding the driver and occupants of each motor vehicle stopped by an officer (contained in OJA 1), and repeals the requirement that OJA analyze the information submitted to it by law enforcement agencies.

No new policies are being proposed, other than to reflect law changes.

2011 Act 29 repealed statutory rule making authority (Wis. Stats. 16.964 (16)) used by the Office of Justice Assistance to promulgate OJA 1.

There is no existing or proposed federal regulation that requires collection or analysis of data as formerly required under Wis. Stats 16.964 (16).

Wisconsin local law enforcement agencies formerly required to collect and submit data.

There are no existing federal regulations that require collection of similar data, and we are not aware of any proposed federal regulations that would require collection of traffic stop data.

This statement of scope was approved by the governor on October 31, 2011.

DCF 101, Wisconsin Works criteria for review of placement in unsubsidized employment and providing case management services

The proposed permanent and emergency rules will specify the criteria for review of placement of an individual in unsubsidized employment and providing case management services under s. 49.147 (2) (am), Stats., as created by 2011 Wisconsin Act 32.

Effective January 1, 2012, s. 49.147 (2) (am), Stats., as created by 2011 Wisconsin Act 32, will provide that in lieu of placing the individual in a Wisconsin Works (W-2) subsidized employment position, a W-2 agency may provide case management services to an individual who applies for a W-2 employment position if the W-2 agency determines all of the following:

A W-2 agency shall review the provision of case management services to an individual every 30 days, if the individual is not successful in obtaining unsubsidized employment after legitimate efforts to secure employment, to determine whether the individual, should be placed in a trial job, community service job, or transitional placement. The department shall promulgate rules that specify the criteria for the review process.

Section 49.147 (2) (b), Stats., as affected by 2011 Wisconsin Act 32, provides that a W-2 agency shall assist a participant in his or her search for unsubsidized employment. In determining an appropriate placement for a participant, a W-2 agency shall give priority to placement in unsubsidized employment and providing case management services under s. 49.147 (2) (am), Stats., over placements in trial jobs, community service job, or transitional placement under 49.147 (3) to (5), Stats.

Section 227.11 (2) (a) (intro.), Stats., expressly confers rule-making authority on each agency to 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.

W-2 agencies and participants.

None.

120 hours.

The Governor approved this Statement of Scope for emergency rules on October 25, 2011.

The Governor approved this Statement of Scope for permanent rules on October 27, 2011.

DHS 115

Fee for screening newborns for congenital and metabolic disorders.

The objective of the rule is to comply with s. 253.13 (2), Stats., to impose a fee for screening newborns for congenital and metabolic disorders and other costs.

Section 253.13 (1), Stats., requires every infant born in a hospital or maternity home or other place be screened for congenital and metabolic disorders as specified in rule by the department. Hospitals, clinics and laboratories on behalf of hospitals, nurse-midwives, midwives, other birth attendants, or other birth facilities (henceforth referred to as “purchasers"), pay a fee to the Wisconsin State Laboratory of Hygiene (WSLH) for newborn screening sample collection cards (henceforth referred to as “card") that will be used for the newborn's blood sample for testing. The fee paid by the purchaser is generally billed to the parent, with most or all paid by health insurance, parents, or other programs. The fee for the card includes the State's costs for testing for congenital and metabolic disorders and the provision of diagnostic and counseling services, special dietary treatment, and periodic evaluation of infant screening programs, costs of consulting with experts, and program operation costs.

Prior to October 1, 2011, the fee was established, by procedure, by the WSLH Board on behalf of and in consultation with the department. Pursuant to s. 253.13 (2), Stats., the department proposes to impose the fee by emergency rule followed by a permanent rule.

The alternative to promulgating a rule to impose the fee is not to comply with the requirement under s. 253.13 (2), Stats., to impose a fee for testing by rule.

The department is authorized to impose a fee by rule for testing newborns for congenital disorders and other costs by s. 253.13 (2), Stats., which provides:

(2) TESTS; DIAGNOSTIC, DIETARY AND FOLLOW-UP COUNSELING PROGRAM; FEES. The department shall contract with the state laboratory of hygiene to perform the tests specified under this section and to furnish materials for use in the tests. The department shall provide necessary diagnostic services, special dietary treatment as prescribed by a physician for a patient with a congenital disorder as identified by tests under sub. (1) or (1m) and follow-up counseling for the patient and his or her family. The department shall impose a fee, by rule, for tests performed under this section sufficient to pay for services provided under the contract. The department shall include as part of the fee established by rule amounts to fund the provision of diagnostic and counseling services, special dietary treatment, and periodic evaluation of infant screening programs, the costs of consulting with experts under sub. (5), the costs of administering the hearing screening program under s. 253.115, and the costs of administering the congenital disorder program under this section and shall credit these amounts to the appropriation accounts under s. 20.435 (1) (ja) and (jb).

The department is further authorized to promulgate rules interpreting the provisions of s. 253.13 (2), Stats., if the agency believes it necessary to effectuate the purpose of the statute by s. 227.11 (2) (a), Stats., which provides:

(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.

The department, in addition to being authorized to promulgate the rules as permanent rules, is authorized to promulgate the rules as emergency rules by 2011 Wisconsin Act 32, SECTION 9121 (9) which provides:

(9) CONGENITAL DISORDER TESTING FEES; RULES. Using the procedure under section 227.24 of the statutes, the department of health services shall promulgate rules required under section 253.13 (2) of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section 253.13 (2) of the statutes, as affected by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of health services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

The department estimates that it will take approximately 40 hours to develop the rule.

Hospitals, clinics and laboratories on behalf of hospitals, nurse-midwives, midwives, other birth attendants, other birth facilities, physicians, nurses, parents of newborns, insurers, the WSLH, and the Newborn Screening Program.

The department knows of no existing or federal regulation that addresses the activities of this rule.