Mark Cook WI Public Service Commission
Terry Fameree International Assn. of Electrical
Inspectors
Robert A. Fass Wisconsin Utilities Association
David Hansen Dept. of Agriculture, Trade &
Consumer Protection
Ronald L. Jahnke NECA, Wisconsin Chapter
Ronald Janikowski International Assn. of Electrical
Inspectors
Norbert Jarzynski Wisconsin State AFL-CIO
Charles L. Johansen Wisconsin Builders Association
Richard Lynes Assoc. Builders & Contractors of WI
Ronald E. Maassen NECA, Milwaukee Chapter
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Any business involved with the installation of electrical wiring, communication systems or electrical equipment will be affected by the rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no reporting, bookkeeping or other procedures required for compliance with the rules.
3. Types of professional skills necessary for compliance with the rules.
There are no professional skills necessary for compliance with the rules.
4. Rules have a significant economic impact on small businesses.
No.
Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing chapter Comm 16. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing chapter Comm 16. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.
Local municipalities may voluntarily enforce chapter Comm 16, and they have the authority to offset any costs by charging appropriate fees.
The proposed rules will not have a significant fiscal effect on the private sector.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
cdunn@commerce.state.wi.us.
Notice of Hearing
Office of State Employment Relations
NOTICE IS HEREBY GIVEN that pursuant to ss.
230.04 (5), Stats., and interpreting s.
230.04 (1), Stats., the Office of State Employment Relations will hold a Public Hearing at the time and place shown below to consider the creation of permanent rules relating to references to the Compensation Plan, day care providers, the Entry Professional Program, paid leave to vote, continuous service, reinstatement, sick leave credit restoration, annual leave schedules, annual leave options, personal holidays, catastrophic leave, paid leave for bone marrow or organ donation, project compensation, hiring above the minimum and supervisor training.
Date: March 2, 2005
Time: 10:30 A.M. to 11:30 A.M.
Location: Room 4B, 4th Floor
Office of State Employment Relations
101 East Wilson Street
Madison, WI 53703
The hearing will be held jointly with a hearing by the Division of Merit Recruitment and Selection in the Office of State Employment Relations, which has separate rule-making authority and is simultaneously promulgating rules. Please see the separate hearing notice for an analysis of the proposed rule order of the Division of Merit Recruitment and Selection.
The hearing site is accessible to persons with disabilities. If you need an interpreter, materials in alternate format or other accommodations for this meeting, please inform the contact person listed at the end of this notice before the hearing.
Written comments on the rules may be sent to the contact person by 12:00 P.M. noon on March 4, 2005. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
A copy of the rule is available from the contact person listed at the end of this notice, or by going to “Announcements" at
http://oser.state.wi.us.
Analysis Prepared by Office of State Employment Relations
Statutory and Agency Authority
Section
230.04, Stats., charges the Director of the Office of State Employment Relations with effective administration of ch.
230, Stats., and the promulgation of rules related to the performance of the Director's duties.
Section
230.046 (2), Stats., requires appointing authorities to ensure that each classified service supervisor completes a supervisory development program.
Section
230.35 (2r) (b), Stats., allows the Director of the Office of State Employment Relations to establish, by rule, a catastrophic leave program.
Statutes Interpreted:
s.
6.76, relating to paid leave to vote
s.
230.35 (1m), relating to annual leave and continuous service
s.
230.35 (2d), relating to bone marrow and organ donation
s.
230.35 (2r), relating to a catastrophic leave program
There are no related statutes or rules other than those listed above.
Plain Language Analysis of the Rules
The Compensation Plan is referred to in the rules without definition. Therefore, s.
ER 1.02 (5m) should be created to provide that definition.
Compensation administration provisions for nonrepresented employees are now provided in the Compensation Plan. Therefore, the related reference in s.
ER 3.03 (4) should include the Compensation Plan.
Sec. 230.048, Stats., has been repealed. OSER no longer is authorized to have a program for grants to day care providers and an appropriation is no longer provided. Therefore, ch.
ER 4 no longer is necessary.
The use of the Entry Professional Program has been reduced significantly, diminishing the need to provide separate information on it for the annual affirmative action report. Therefore, s.
ER 8.03 no longer is necessary.
In accordance with s.
230.35 (4e), Stats., employees
shall be given paid leave to vote if the only time they can vote is during work hours. Section
ER 10.02 (4) says that LTEs can only be paid for hours worked. Changes to s.
ER 10.02 (4) are necessary to make it consistent with the statute.
Effective July 5, 1998, reinstatement eligibility and other eligibility historically tied to reinstatement, was increased from 3 years to 5 years. Because more than five years have passed, a distinction between 3-year eligibility and 5-year eligibility is no longer necessary. Changes to all provisions noting the distinction should now be made to simplify the eligibility to be 5 years in all cases. Therefore, changes to s.
ER 18.02 (2) regarding continuous service and s.
ER 18.03 (5) regarding sick leave credit continuation are necessary.
2003 Wisconsin Act 22 changed s.
230.35 (1m), Stats., to allow employees with FLSA exempt status to receive the accelerated annual leave schedule previously only granted to career executives, attorneys, and certain unclassified positions. Changes to s.
ER 18.02 (3) are necessary to make it consistent with the statute.
The change created by Wisconsin Act 22 also expanded the group of employees whose continuous service is considered uninterrupted under s.
230.35 (1m) (f), Stats., to include those with FLSA exempt status. Changes to s.
ER 18.02 (2) (b) 6., will provide language consistent with the statute.
2003 Wisconsin Act 117 changed s.
230.35 (1p), Stats., to increase the option to bank annual leave hours from 80 hours to 120 hours for those employees at the 216-hour annual leave rate. Changes to s.
ER 18.02 (5) are necessary to make it consistent with the statute.
Section
ER 18.02 (5) also requires proration of annual leave options for nonrepresented employees who have worked less than 2088 hours in a calendar year no matter how eligibility is acquired. Collective bargaining agreements do not have any requirement to prorate for working less than 2088 hours if the eligibility is based on accumulation of 520 hours of sick leave, and there is no apparent justification for treating nonrepresented employees differently. Removal of the proration requirement for annual leave options if the eligibility of a nonrepresented employee is based on accumulated sick leave will provide parity and uniformity, and simplify administration of the annual leave option process.
In accordance with s.
230.35 (4e), Stats., employees
shall be given paid leave to vote if the only time they can vote is during work hours. Section
ER 18.11 says employees
may be given paid leave. Changes to s.
ER 18.11 are necessary to make it consistent with the statute.
Changes in s.
230.35 (2r), Stats., removed statutory restrictions that allowed only classified employees to participate in a catastrophic leave program established in the rules of the Director of the Office of State Employment Relations. This was done to allow certain unclassified employees to participate. Section
ER 18.15 governs catastrophic leave participation and rules, but currently applies only to classified employees. Therefore, changes to s.
ER 18.15 are necessary. Note: Some unclassified employees are excluded because they are covered under unique pay and benefit provisions. For instance, elected officials are not eligible for leave donated under the catastrophic leave provisions, and therefore, cannot donate or receive such leave.
Chapter
ER 18 does not make any reference to the bone marrow or organ donation benefits added to s.
230.35, Stats., by
1999 Wisconsin Act 125. Therefore, an addition to ch.
ER 18 is necessary.
Except for s.
ER 29.05, all compensation administration provisions for nonrepresented employees are now provided in the Compensation Plan. Therefore, creation of s.
ER 29.02 is necessary to indicate when reference to the Compensation Plan is appropriate.
The language describing the 6-month pay increase for project appointees in s.
ER 29.03 (2m) is no longer applicable, and therefore, should be deleted. Section E., 3.01 of the 2003-2005 Compensation Plan states that projects are not eligible for a 6-month pay increase.
The language describing the pay for various appointments in s.
ER 29.03 does not include any provision for use of Hiring Above the Minimum for current classified employees. Pay on appointment flexibility has been provided for broadband pay schedules and should also be provided for non-broadband schedules. Due to the labor market, many employees new to state service are being hired at pay rates higher than those being paid to current employees. Changes to s.
ER 29.03 are necessary to allow current employees with the same skills and experience to be paid the same as a new employee would be paid upon an original appointment.
Effective July 5, 1998, reinstatement eligibility and other eligibility historically tied to reinstatement, was increased from 3 years to 5 years. Because more than five years have passed, a distinction between 3-year eligibility and 5-year eligibility is no longer necessary. Changes to all provisions noting the distinction should now be made to simplify the eligibility to be 5 years in all cases. Therefore, changes to s.
ER 29.03 (6) regarding reinstatement are necessary.
The language describing pay on reinstatement in s.
ER 29.03 (6) states that “last rate received" is “the highest base pay rate received in any position in which the employee held permanent status." The intent of this language was to include only previously held positions, not the employee's current position. Changes to s.
ER 29.03 (6) are necessary to more clearly state that intent.
Compensation administration provisions for project employees are now provided in the Compensation Plan. Therefore, related references in ER 34.05 should be to, or include, the Compensation Plan.
Section
230.046, Stats., has been amended so that agencies no longer need to get OSER approval to offer their own basic supervision courses, to waive the basic supervision requirements, and for an agency's training tracking system. Sections
ER 44.03 (1) and
(2) and
44.07 (2) reflect prior law and are inconsistent with current law. Therefore, changes to those sections of ch.
ER 44 are necessary to make them consistent with the statute.
Comparison with Rules of Adjacent States
Rule changes that are for clarification only are not reflected in the comparison.
