Rule-making notices
Notice of Proposed Rule
Employment Relations Commission
NOTICE IS HEREBY GIVEN That pursuant to ss.
111.70(4)(cm) 8s.,
111.71 and
227.11 (2)(a), Stats., and interpreting ss.
111.70 (1) (dm),
(fm) and
(nc) and
111.70 (4) (cm) 5s., Stats., and according to the procedure set forth in s.
227.16 (2)(e), Stats., the Wisconsin Employment Relations Commission will adopt the following rule as proposed in this notice, without public hearing unless, within 30 days after publication of this notice on
June 15, 2006, the Wisconsin Employment Relations Commission is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is a representative of a farm, labor, business or professional group which will be affected by the rule.
Analysis Prepared By the Wisconsin Employment Relations Commission
The Wisconsin Employment Relations Commission proposed to repeal and recreate ch.
ERC 33 Appendix Forms A, B and C as part of the complete revision of its administrative rules encompassed in
Clearinghouse Rule 02-037. Following consideration of the Legislative Council's Clearinghouse Report and comments from the public, it was the intent of the Commission to include ERC 33 Appendix Forms A, B and C in its Notice of Submission of Proposed Rule to Legislature (which did include ERC 33 and ERC 33 Appendix Form D) and in its own rule-making Order. However, ERC Appendix Forms A, B and C were inadvertently omitted from that Notice and the Commission's subsequent rule-making Order. Therefore, the Commission proposes to repeat the rule making process as to ERC Appendix Forms A, B and C.
The proposed rule interprets Secs. 111.70 (1) (dm), (fm), and (nc) and 111.70 (4) (cm) 5s. Stats.
The proposed rule specifies the manner in which a qualified economic offer is calculated.
There are no federal regulations that address a qualified economic offer nor are there similar rules in adjacent states.
Rule Text:
The Wisconsin Employment Relations Commission proposes an order to repeal and recreate ERC 33 Appendix Forms A, B and C relating to procedures for the administration of the Municipal Employment Relations Act.
SECTION 1. CHAPTER ERC 33 Appendix Forms A, B and C are repealed and recreated to read:
EMPLOYMENT RELATIONS COMMISSION
APPENDIX
WISCONSIN EMPLOYMENT RELATIONS COMMISSION
QUALIFIED ECONOMIC OFFER CALCULATION
FORM A
This form and Form B must be provided by the district to the labor organization 60 days prior to contract expiration, or whenever a qualified economic offer is made, whichever is earlier.
DEVELOPING A QUALIFIED ECONOMIC OFFER
Developing Employee Base
1. Identify all school district professional employees (as defined by Sec. 111.70(1)(ne), Stats.) who were represented by the labor organization for the purposes of collective bargaining and contract administration on the 90th day prior to the expiration of the current/most recently expired bargaining agreement. School district professional employees who were employed on the 90th day but who thereafter retire, resign or are terminated prior to the expiration of the current/most recently expired contract are included. School district professional employees on layoff, sick leave or leave of absence must be included if they continue to be represented by the labor organization for the purposes of collective bargaining and contract administration. School district professional employees who are replacing employees who are in leave status are not included unless they are represented by the labor organization for the purposes of collective bargaining and contract administration in the same bargaining unit as the employee being replaced.
Developing Fringe Base
2. Identify all fringe benefits and your percentage contribution toward the cost thereof as such benefits and contributions existed on the 90th day prior to the expiration of the current/most recently expired agreement, or the 90th day prior to the date on which your negotiations actually commenced if there is no previous collective bargaining agreement between the parties. If your fringe benefit contribution level is expressed as a dollar amount, convert the dollar amount to a percentage for the purposes of this calculation.
Total Base Cost Calculation
3. Using the employees identified in Step 1 and the fringe benefits and employer percentage contribution levels identified in Step 2, complete Form B to calculate the employer cost of compensation and fringe benefits for the year preceding the expiration date specified in your current/most recently expired contract. For the purposes of this calculation, assume that any cost increase incurred during the year was in effect for the entire year. In your calculation, you must include the cost of any benefits Step 1 employees who retire will receive/received prior to the expiration of your current/most recently expired contract. Do not include the cost of providing benefits to employees who retired before the 90th day prior to the expiration of the current/most recently-expired contract.
Enter the total base year salary and fringe benefit costs from Form B here.
Salary ________
Fringe ________
Total ________
QEO 1 Dollar Amounts
4. Calculate 3.8%, 2.1% and 1.7% of your Step 3 total and enter here
3.8% = _______ 2.1% = ________ 1.7%= ________.
For the purposes of the following calculations, do not assume any change in: (1) the identity of Step 1 employees; (2) the level of service they provide to the district or (3) the fringe benefits Step 1 employees received or the applicable employer % contribution level. Do assume that any cost increase incurred during the year was in effect for the entire year.
QEO 1 Fringe Benefit Calculation
5. Using the same employees identified in Step 1 and the fringe benefits and employer percentage contribution levels identified in Step 2, calculate the actual employer cost of maintaining the fringe benefits and employer percentage contribution levels for the first 12-month period following the stated expiration date in the current/most recently expired contract. If your contract will have a duration of less than 12 months, prorate your cost calculation to reflect your actual contract duration, if appropriate. Enter this cost here and on Form B, QEO 1, fringe benefit cost. ________
6. Subtract your Step 3 base fringe benefit cost from your Step 5 cost and calculate the result as a percentage of your total Step 3 base year cost. Enter the result here and on Form B, QEO 1, fringe benefit percentage. ________
QEO 1 Step Calculation
7. For the first 12-month period following the stated expiration date in the current/most recently expired contract, calculate the total additional cost of providing each employee identified in Step 1 with any salary increase to which they would be entitled by virtue of an additional year of service on the salary schedule (longevity is to be included if part of salary schedule). Enter this cost here and on Form B,
QEO 1, Step Advancement ___________.
8. Calculate your Step 7 cost as a percentage of the total Step 3 base year cost. Enter the result here. ________
End of first year QEO calculation
If you are bargaining a contract with a duration of 12 months or less, stop and proceed to the Qualified Economic Offer Instruction, Form C.
Start of second year QEO calculation
Total QEO 1 Base Cost Calculation
9. Repeat Step 3 for the first 12-month period following the stated expiration date of your current/most recently-expired contract. Enter the total QEO 1 salary and fringe benefit costs from Form B here.
Salary ________
Fringe ________
Total ________
QEO 2 Dollar Amounts
10. Calculate 3.8%, 2.1% and 1.7% of your Step 9 total and enter here:
3.8% = ________ 2.1% = ________ 1.7% = ________.
QEO 2 Fringe Benefit Calculation
If your contract will have a duration of less than 24 months, prorate your QEO 2 cost calculation to reflect your actual contract duration, if appropriate.
11. Repeat Step 5 for the second 12-month period following the stated expiration date in the current/most recently expired contract. Enter this cost here and on Form B, QEO 2, fringe benefit cost ________.
12. Subtract your Step 9 fringe benefit cost from your Step 11 cost and calculate the result as a percentage of your Step 9 total QEO 1 cost. Enter the result here and on QEO 2, Form B, fringe benefit percentage ________.
13. Repeat Step 7 calculation for the second 12-month period following the stated expiration date in the current/most recently-expired contract. Enter the cost here and on Form B, QEO 2, Step Advancement. ________.
14. Calculate your Step 13 cost as a percentage of your Step 9 total QEO 1 cost. Enter the result here ________.
Proceed to the qualified economic offer instruction Form C.
ERC 33 Appendix WISCONSIN ADMINISTRATIVE CODE
FORM B
This Form and Form A must be provided by the district to the labor organization 60 days prior to contract expiration, or whenever a qualified economic offer is made, whichever is earlier.
Salary Base
Year QEO1 1/
QEO2 1/
Salary Schedule _______
______2/_____ 3/
Additional Step Advancement __xxxx_ ______ _____
Additional QEO Salary Schedule Cost__xxxx_ ______ ______ Salary Subtotal _______ ______
_____
Longevity (include here if not on salary schedule
_______ ______ ______
Extended Contracts ______ ______
_____
Co-Curricular Pay ______ ______
_____
Extra Duty Pay ______ ______
_____
Athletic Events ______ ______
_____
Department Head _______ ______
_____
Curricular Work _______ ______
_____
Overload Pay _______ ______
_____
M-Team _______ ______
_____
IEP _______ ______
_____
Supervision _______ ______
_____
Other _____________________ _______ ______ _____
Total Extra Duty Pay _______ ______
_____
Summer School _______ ______
_____
Severance Pay _______ ______
______
Sick Leave Payout _______ ______
______
Other ________________ _______ ______ ______
Total Salary Cost _______ ______ ______
_____________
Fringe Benefit Costs
Credit Reimbursement 4/ ______ _______ _______
Social Security ______ _______ _______
Retirement ______ _______ _______
Health Insurance ______ _______ _______
No.S____ No.F ____
Employer % Contribution
Level S ____ F ____ ______ _______ _______
Dental Insurance ______ _______ _______
No.S____ No.F ____
Employer % Contribution
Level S ____ F ____ ______ ______ _______
Vision Insurance ______ _______ _______
No.S____ No.F ____
Employer % Contribution
Level S ____ F ____ ______ ______ _______
Life Insurance ______ _______ _______
Employer % Contribution
Level ____ ______ ______ _______
Disability Insurance
Employer % Contribution
Level ____ ______ _______ _______
Long-Term Care Insurance
Employer % Contribution
Level ____ ______ _______ _______
Other ______________________ ______ _______ _______
Total Fringe Benefit Cost _______ _______ _______
Total Salary and Fringe Benefit Cost _______ _______ _______
QEO1 Increased/decreased salary cost as a percentage of base
Year total salary and fringe benefit cost _______
QEO1 Increased/decreased fringe benefit cost as a percentage of base Year total salary and fringe benefit cost _______
QEO2 Increased/decreased salary cost as a percentage of QEO1
total salary and fringe benefit cost _____
QEO2 Increased/decreased fringe benefit cost as a percentage of
QEO1 total salary and fringe benefit cost ______
Attach a chart identifying the number of base year employees at each step and lane on any existing salary schedule. We swear that we completed this form in as accurate a manner as possible.
__________________________ _____________
Superintendent/ Date
Business Manager
__________________________ ____________
Treasurer Date
WISCONSIN EMPLOYMENT RELATIONS COMMISSION QUALIFIED ECONOMIC OFFER
INSTRUCTIONS
FORM C
Utilize the following instructions to determine the components of a qualified economic offer.
Note: If payment of any appropriate salary increase would raise your fringe benefit costs (due to resultant social security and retirement cost increases) above 1.7% of Step 3 (base cost), then reduce the salary increase in the amount necessary to keep the combined cost of fringe benefits, steps, and average salary increase at 3.8% of Step 3 (base cost).
DEVELOPING A QUALIFIED ECONOMIC OFFER
When calculating any appropriate salary increase or decrease, include any increased or decreased salary cost in extended contracts, co-curricular pay, extra duty pay, etc., which is produced by salary schedule increases or decreases or payment of steps or lanes.
1. Complete Forms A and B.
2. Using the information on Form A, determine how the law requires you to proceed by identifying the cost combination that applies to the first 12-month period of your offer.
A. If the combined costs identified by Step 6 (fringe benefits) and Step 8 (steps), are less than 3.8% of Step 3 (base cost), then you must do the following for all employees who are actually represented by the labor organization for the purpose of collective bargaining and contract administration:
1. Maintain all fringe benefits identified on Form B and the district's percentage contribution toward the cost thereof.
2. Pay all eligible employees any salary increase to which they are entitled by virtue of an additional year of service on the salary schedule. Include longevity payments if they are part of the salary schedule.
3. Pay an average salary increase to all employees in an amount determined by the difference between 3.8% of Step 3 (base cost) and the combined cost of Step 6 (fringe benefits) and Step 8 (steps) and in a manner which does not alter the relationship between steps and lanes in your existing salary structure. The options available for distribution of the general salary increase are a uniform dollar amount increase on each salary cell; or a uniform % increase to each salary cell; or an increase in the base which increases each cell in accordance with the existing salary structure.
B. If the combined costs identified by Step 6 (fringe benefits) and Step 8 (steps) are 3.8% of Step 3 (base cost), then you must do the following for all employees who are actually represented by the labor organization for the purposes of collective bargaining and contract administration:
1. Maintain all fringe benefits identified on Form B and the district's percentage contribution toward the cost thereof.
2. Pay all eligible employees any salary increase to which they are entitled by virtue of an additional year of service on the salary schedule. Include longevity payments if they are part of the salary schedule.
C. If the combined costs identified by Step 6 (fringe benefits) and Step 8 (steps) are more than 3.8% of Step 3 (base cost) but the cost of Step 6 (fringe benefits) is less than 3.8% of Step 3 (base cost), then you must do the following for all employees who are actually represented by the labor organization for the purposes of collective bargaining and contract administration:
1. Maintain all fringe benefits identified on Form B and the district's percentage contribution toward the cost thereof.
2. Calculate the prorated portion of Step 7 (steps) which can be funded by 3.8% of Step 3 (base cost) minus the cost identified by Step 5 (fringe benefits). To identify the proration percentage, identify the amount of money available to fund steps and divide by the amount of money necessary to fully fund steps.
3. Pay the same prorated salary increase to all eligible employees entitled thereto by virtue of an additional year of employment on the salary schedule. Include longevity payments if they are part of the salary schedule. For example, if the foregoing calculation would allow payment of half of the Step 7 (steps) salary increase to eligible Step 1 employees, you must pay one-half of the salary increase to which any of your actual employees are entitled by virtue of an additional year of service on the salary schedule during the first 12 months of your offer.
D. If the cost identified by Step 6 (fringe benefits) is 3.8% of Step 3 (base cost), then you must do the following for all employees who are actually represented by the labor organization for the purposes of collective bargaining the contract administration:
1. Maintain all fringe benefits identified on Form B and the district's percentage contribution toward the cost thereof.
E. If the cost identified by Step 6 (fringe benefits) is more than 3.8% of Step 3 (base cost), then you must do the following for all employees who are actually represented by the labor organization for the purposes of collective bargaining and contract administration:
1. Maintain all fringe benefits identified on Form B and the district's percentage contribution toward the cost thereof.
2. You may decrease the salary of all employees in an amount determined by the difference between the cost identified by Step 6 (fringe benefits) and 3.8% of Step 3 (base cost) and in a manner which does not alter the relationship between steps and lanes on your existing salary structure. The options available for distribution of the average salary decrease are a uniform dollar amount decrease on each salary cell; or a uniform % decrease on each salary cell; or a decrease in the base which decreases each cell in accordance with the existing salary structure.
For the second year or portion thereof, repeat your evaluation of options A-E utilizing the costs identified in Steps 9-14 of Form A.
Initial Regulatory Flexibility Analysis
The proposed rule will have no economic impact on small business.
Fiscal Estimate
The proposed rule will have no fiscal impact.
Contact Person
The agency contact person is Peter G. Davis, General Counsel, Wisconsin Employment Relations Commission. (608 266-2993
/peter.davis@werc.state.wi.
Notice of Hearings
Health and Family Services
NOTICE IS HEREBY GIVEN that pursuant to ss.
49.498 (14),
50.02 (1),
(2) (a),
(b) 2.,
(bm),
(bn),
(d), and
(3) (a) to
(d),
50.03 (4) (a) 1. a.,
50.095 (3) (am),
50.098, and
227.11 (2) (a), Stats. and interpreting ss.
49.498,
49.499,
50.02 (1),
50.03,
50.04,
50.05,
50.065,
50.07,
50.09,
50.095,
50.135, and
50.14, Stats., the Department of Health and Family services proposes to repeal, renumber, renumber and amend, amend, and create rules relating to nursing homes and affecting small businesses.
Hearing Date(s) and Location(s)
Date and Time
|
Location
|
July 24, 2006
9:00 a.m. to 3:00 p.m.
|
Southeastern Regional Office
819 North 6th Street, Room 40
Milwaukee, WI
|
July 25, 2006
9:00 a.m. to 3:00 p.m.
|
Wilson Street State Office Building
1 West Wilson Street, Room 751
Madison, WI
|
July 26, 2006
9:00 a.m. to 3:00 p.m.
|
Northeastern Regional Office
200 North Jefferson Street
Room 152 A
Green Bay, WI
|
July 28, 2006
9:00 a.m. to 3:00 p.m.
|
Northern Regional Office
2187 North Stevens Street
Large Conference Room
Rhinelander, WI
|
July 31, 2006
9:00 a.m. to 3:00 p.m.
|
Western Regional Office
610 Gibson Street, Room 123
Eau Claire, WI
|
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Place Where Written Comments May be Submitted
Written comments may be submitted at the public hearing or submitted to the Department using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov . Comments may also be submitted to Otis Woods, Director, Department of Health and Family Services, Bureau of Quality Assurance, 1 West Wilson, Room 1150, P.O. Box 2969, Madison, WI 53701-2969, phone: (608) 267-7185, fax: (608) 267-0352, e-mail:
Woodsol@dhfs.state.wi.us.
Deadline for Comment Submission
The deadline for submitting comments to the Department is 4:30 p.m. on August 1, 2006.
Analysis Prepared by the Department of Health and Family Services
Nursing homes are regulated by the Department under ch.
HFS 132, ch.
50, Stats., and, if a nursing home participates as a provider in the Medicaid and Medicare programs, the nursing home is also regulated by the Department under
42 CFR 483. Nursing home construction and remodeling is regulated by the Department of Commerce under chs.
Comm 61 to
65, the Commercial Building Code. Many of the provisions in ch.
HFS 132 are outdated and overly prescriptive, or are duplicative of ch.
50, Stats.,
42 CFR 483, or chs.
Comm 61 to
65. Through this rulemaking order the Department proposes to repeal or revise outdated or overly prescriptive rule provisions, and to repeal provisions that are duplicative of the requirements that are already stated in and monitored under ch.
50, Stats.,
42 CFR 483, or chs.
Comm 61 to
65.
In addition, the Department also proposes to create rule provisions requiring applicants for nursing home licensure to disclose the qualifications of any person with authority to manage the nursing home; any occurrences that required closure of a residential or health care facility or that required moving its residents; and any financial difficulties that a person or business entity connected with the nursing home has had in operating a residential or health care facility. The Department further proposes to create a quality assurance and improvement committee to distribute funds as allowed under ss.
49.499 (2m), Stats., to nursing homes for innovative projects that improve the efficiency and cost effectiveness of operating a nursing home and that improve the quality of life of residents.
The Department believes that the proposed revisions to ch.
HFS 132 will not have an adverse effect on the health, safety, and welfare of existing or future residents of nursing homes as provisions that the Department believes provide greater protection of the health, safety, and welfare of residents than either ch.
50, Stats.,
42 CFR 483, or chs.
Comm 65 to
66 are retained. The additional application requirements are not expected to result in any increase in costs and the proposed removal of outdated, prescriptive, and duplicative provisions from ch.
HFS 132 will make it easier for nursing homes to achieve compliance and provide care to residents in a cost effective manner and ensure residents are protected from unanticipated closures due to financial instability of nursing home licensees and in fact lower costs. The proposed creation of the quality assurance committee and subsequent distribution of funds under s.
49.499 (2m), Stats., is expected to not only improve residents quality of life in nursing homes, but is expected to stimulate innovation and competition within and among nursing homes in a way that will result in the highest quality care to residents.
The proposed removal of outdated, overly prescriptive, or duplicative provisions include provisions relating to residents rights, community organization access, general medical records requirements, oxygen use, resident care planning, medical services, certain dietary standards related to sanitation, meal services and staff hygiene, pharmacy consultant, diagnostic services, emergency dental services, social worker qualification requirements, activity staffing requirements, certain active treatment requirements, requirements regarding short-term care admissions, general housekeeping and maintenance items, building requirements relative to corridor width, doors, locks, exit stairways, oxygen storage services, mechanical systems such as sewage, plumbing, telephone, lighting and ventilation, and certain design areas such as windows, bed capacity, grab bars, dining and activity areas, design of the food service area and ancillary areas. As indicated above, these requirements duplicate other rules or are outdated or overly prescriptive.
The Department proposes to retain provisions that the Department believes provide greater protection of the health, safety, and welfare of residents than either ch.
50, Stats.,
42 CFR 483, or chs.
Comm 65 to
66 or those that are not addressed in other law or regulations, including provisions relating to the following:
Rules requiring a facility to notify residents of basic services and fees, and practice nondiscriminatory treatment based on pay source were kept as these regulations afford residents greater protection that was not available in either ch.
50, Stats., or federal regulation.
Rules pertaining to locked units were retained as no other regulations address this issue.
Rules pertaining to the nursing home administrator were retained. Although federal regulations address this requirement, ch.
HFS 132 is more prescriptive requiring the administrator be full-time and requiring prompt notice to the Department when a vacancy occurs.
Rules addressing admissions of residents who are developmentally disabled, under the age of eighteen and day care clients were also kept as no other rules govern their care.
Rules relating to involuntary discharge. In this area, ch.
HFS 132 provides greater protection for residents.
Rules requiring the provision of basic nursing care. These provisions reflect a basic standard of practice not found in other regulations.
Several nurse staffing rules. There are no comparable federal standards. Chapter
HFS 132 requires a registered nurse to be on duty based on the number of residents in need of skilled nursing care.
Provisions relating to pharmacy services were also retained because there is no federal counterpart.
Requirements were also kept for specific resident care equipment such as mattresses, pillows, linens, over bed tables, window coverings, etc., as the federal regulations are too broad.
Rules requiring a disaster plan and training for staff were maintained because there is no federal counterpart.
Effect on Small Business (Initial Regulatory Flexibility Analysis)
The Department licenses approximately 340 private and 60 government owned nursing homes to accept patients with specific categories of health care needs. Skilled nursing facilities (SNFs) and intermediate care facilities (ICFs) provide primarily medical care to restore individuals to their rehabilitative potential. Institutions for mental diseases (IMDs) serve residents with psychotic and nonpsychotic mental illness. Ninety percent of these homes are skilled nursing facilities that generally have a permanent core staff of registered or licensed practical nurses and other staff who provide the elderly, and other individuals, with nursing and personal care services that include assistance with activities of daily living such as bathing, toilet use, eating and dressing, skin care, rehabilitative services for mental illness, and special treatment such as tracheostomy care, ostomy care, respiratory treatment, and tube feedings. Analysis of the data compiled in the Wisconsin Department of Health and Family Services, Division of Public Health, Bureau of Health Information and Policy Wisconsin Nursing Homes and Residents, 2004 (PPH 5374-04) September 2005 suggests that at least 40% of all licensed facilities have 85 or fewer beds and average gross annual revenues below $5 million assuming a 100% occupancy rate and annual per bed charges of $56,000. Approximately 81% of these beds are in privately owned facilities. The department approximates, however, that only about 10% of the privately owned facilities meet the definition of small business because some of these facilities are part of large corporations owning several facilities and employing more than 25 employees.
Through this rulemaking order the Department proposes to do the following:
Repeal or revise outdated or overly prescriptive rule provisions;
Repeal provisions that are duplicative of the regulations that are already stated in and monitored under ch.
50, Stats.,
42 CFR 483, or chs.
Comm 61 to
65;
Create rule provisions requiring applicants for nursing home licensure to disclose, in the application, the qualifications of any person with authority to manage the nursing home; any occurrences requiring closure of a residential or health care facility and relocating its residents; and any financial difficulties that a person or business entity connected with the nursing home has had in operating a residential or health care facility; and
Create a quality assurance and improvement committee to distribute funds as allowed under ss.
49.499 (2m), Stats., to nursing homes for innovative projects that improve the efficiency and cost effectiveness of operating a nursing home and that improve the quality of life of residents.
The Department does not expect the new application requirements to result in any increase in costs and believes that the proposed removal of outdated, prescriptive, and duplicative provisions from ch.
HFS 132 will make it easier for nursing homes to achieve and maintain compliance, provide care to residents, and ensure that residents are protected from unanticipated closures due to financial instability of nursing home licensees. The proposed creation of the quality assurance committee and subsequent distribution of funds under s.
49.499 (2m), Stats., is expected to not only improve residents quality of life in nursing homes, but is expected to stimulate innovation and competition within and among nursing homes in a way that will result in cost effective, high quality care to residents.
Pursuant to criteria adopted by the Department, the proposed rule may affect a substantial number of small businesses because at least 10% of the nursing homes affected by the proposed rules may be considered small businesses. However, the proposed rules will not have a significant economic impact on these nursing homes because the proposed rules do not include increased reporting, design or operational standards, or capital requirements and none of the proposed changes are expected to increase operating expenditures, including annualized capital expenditures, or reduce revenues by more than the 2005 consumer price index (CPI) of 3.4%. Any costs that may be associated with the additional application requirements most likely will not meet or exceed the 2005 CPI. The proposed removal of outdated, prescriptive, and duplicative provisions are expected to lower costs for all nursing homes.
Therefore, the Department concludes that the proposed rules may affect a substantial number of small businesses that are nursing homes, but the proposed rules will not have an adverse significant economic impact on those businesses.
Small Business Regulatory Coordinator
Rosie Greer
608-266-1279
Fiscal Estimate
The proposed rules will not affect state or local government costs and will not have a significant economic impact on the private sector.
Obtaining Copies of Rules and Fiscal Estimate
A copy of the full text of the rules and the fiscal estimate can be obtained at no charge from the Wisconsin Administrative Rules Website at
http://adminrules.wisconsin.gov or by contacting the contact person listed below.
Contact Person
Otis Woods, Director
Department of Health and Family Services
Bureau of Quality Assurance
1 West Wilson, Room 1150
P.O. Box 2969
Madison, WI 53701-2969
phone: (608) 267-7185, fax: (608) 267-0352
Notice of Hearing
Natural Resources
(Fish, Game, etc.)
NOTICE IS HEREBY GIVEN that pursuant to ss.
23.09 (2) (intro.),
23.091,
23.11 (1),
23.22 (2) (b) 1.,
23.28 (3),
27.01 (2) (j) and
227.11 (2) (a), Stats., interpreting ss.
23.09 (2) (intro.),
23.091,
23.11 (4),
23.17,
23.175,
23.22 (2) (a),
23.28 (3),
23.293,
27.01 (2) (i) and
(j) and
28.04 (2), Stats., the Department of Natural Resources will hold a public hearing on the creation of s.
NR 45.04 (1) (g), Wis. Adm. Code, relating to the regulation of firewood entering and exiting Department lands. The rule prohibits a person from possessing firewood that originates from greater than 50 miles from the campground on that property where the wood would be used, or the property itself if there is no campground, or from outside the borders of the state of Wisconsin. Firewood from sources approved by the Wisconsin Department of Agriculture, Trade and Consumer Protection is allowable. Firewood includes all wood, processed or unprocessed, meant for use in a campfire. The purpose of this rule is to regulate firewood entering properties managed by the Department to reduce the risk of introduction and spread of emerald ash borer and other invasive insects and diseases of trees.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Any small business that sells firewood for use on state lands
b. Description of reporting and bookkeeping procedures required: Any recordkeeping procedures for small business will be established by the Department of Agriculture, Trade and Consumer Protection
c. Description of professional skills required: None
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Wednesday, July 5, 2006 at 7:00 p.m.
Video conference participation will be available at:
Room MAC137, UW-Green Bay
2420 Nicolet Drive
Green Bay
Room 227, Pyle Center
702 Langdon Street
Madison
Room 220, UW-Wausau
518 South 7th Avenue
Wausau
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dr. Andrea Diss Torrance at (608) 264-9247 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
This rule regulates the movement of firewood into department properties to reduce the risk of introduction and spread of emerald ash borer (EAB) and other invasive pests and diseases of trees. This rule would prohibit firewood from sources greater than 50 miles from the campground or from outside the boundaries of the state of Wisconsin from entering Department properties. Firewood from sources approved by the WI DATCP would be allowable. Workload to institute this rule includes:
• development of criteria for allowable firewood with DATCP;
• asking if firewood is being brought into the campsite and from where during the check in process;
• confiscating and destroying prohibited firewood, estimated increase in LTE costs of $1,050 (1 hour per day, 7 days per week for 15 weeks) annually for 8 major state parks = $8,400 (the Department will have a better estimate of this workload later in the summer of 2006 with the implementation of the emergency rule and the results of a survey of instate campers on their transport of firewood);
• working with local firewood dealers to ensure supplies of safe, affordable firewood at campgrounds; and
• communicating the new rule and reasons for it.
There are no estimated fiscal effects on county, city, village, town, school district, technical college district or sewerage districts from these rules. We do not anticipate significant costs to the private sector from this rule.
There are no estimated long-term fiscal impacts associated with the rule. Expenses associated with public education and information will be concentrated in the first 2 years of the program. After 3-4 years it is anticipated the public will have received the message and costs for notification will decrease.
The proposed rule and fiscal estimate may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the rule may be submitted via U.S. mail to Dr. Andrea Diss Torrance, Bureau of Forest Science, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until July 10, 2006. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Dr. Diss Torrance.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and s. 440.88 (3), Stats., which was created as s. 440.75 by
2005 Wisconsin Act 25, section
9421 (10q) and renumbered by the revisor under s. 13.93 (1) (b), Stats., and interpreting s. 440.88, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to create chs.
RL 164 and
165 relating to a code of conduct and renewal requirements for substance abuse professionals.
Hearing Date, Time and Location
Date: June 27, 2006
Time: 9:00 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 122
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by July 3, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statutes interpreted:
Statutory authority:
Section 227.11 (2), Stats., and s. 440.88 (3), Stats., which was created as s. 440.75 by
2005 Wisconsin Act 25, section
9421 (10q) and renumbered by the revisor under s. 13.93 (1) (b), Stats.
Explanation of agency authority:
The Department of Regulation and Licensing has the authority under s. 440.88 (3), Stats., which was created as s. 440.75 by
2005 Wisconsin Act 25, section
9421 (10q) and renumbered by the revisor under s. 13.93 (1) (b), Stats., to create rules for the transfer of credentialing authority of substance abuse counselors, clinical supervisors and prevention specialists to the Department from the Department of Health and Family Services.
Related statute or rule:
Subchapter VII of chapter 440, Stats.
Plain language analysis:
2005 Wisconsin Act 25 created Subchapter VII of chapter 440, Substance Abuse Counselors, Clinical Supervisors, and Prevention Specialists. This Act transferred the certification and regulation of Alcohol and Other Drug Abuse (AODA) counselors from the Department of Health and Family Services to the Department of Regulation and Licensing, effective January 1, 2006. This proposed rule-making order creates rules relating to requirements for renewal, as well as the bases for discipline for substance abuse counselors, clinical supervisors and prevention specialists.
SECTION 1 defines “department" and “substance abuse professional" and as well establishes a uniform definition of unprofessional conduct for all substance abuse professionals certified by the Department of Regulation and Licensing.
SECTION 2 establishes the authority granted to the department (as the credentialing authority for substance abuse professionals) by Wis. Stat. §
440.08 (3) (b), to impose additional requirements for renewals 5 years after expiration of a certificate, in order to assure competency of the applicant.
Summary of, and comparison with, existing or federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by this rule.
Summary of factual data and analytical methodologies:
In preparation of ch. RL 164, department staff reviewed the existing practice standards of the Wisconsin Certification Board [“WCB"] and compared them to definitions of unprofessional conduct found for health care professions affiliated with the department. WCB had separate codes of conduct for each certification category, and staff consolidated them into one code, utilizing standard Department of Regulation and Licensing terms and phraseology. The draft was submitted for comment within the department and then routed to the Substance Abuse Advisory Committee. The Committee approved the language as drafted.
Department staff based ch.
RL 165 on existing code provisions. The rule effectuates the intent of Wis. Stat. §
440.08 (3) (b), which requires a credentialing authority to promulgate rules to require completion of additional requirements establishing competency for the holder of a credential who fails to renew his or her credential within 5 years after its renewal date.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report: The rule represents a codification of existing standards for use by the Department of Regulation and Licensing. As this codification does not represent any significant change in the standards of unprofessional conduct, no effect on small businesses or economic impact is anticipated.
Section
227.137, Stats., requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Anticipated costs incurred by private sector: The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal Estimate
These rules implement the regulation of substance abuse professionals as enacted by
2005 Wisconsin Act 25. These rules neither increase the department's revenues or expenditures beyond those required by
2005 Wisconsin Act 25. These rules do not appear to have any impact on local government costs.
Effect on small business: These proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
larry.martin@drl.state.wi.us or by calling (608) 266-8608.
Agency contact person:
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935. Telephone: (608) 266-0495. Email:
pamela.haack@drl.state.wi.us.
Place where comments are to be submitted and deadline for submission: Comments may be submitted to Pamela Haack at the Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 89235, Madison, Wisconsin 53708-8935. Email to
pamela.haack@drl.state.wi.us. Comments must be received on or before July 3, 2006 to be included in the record of rule-making proceedings.
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in s. 227.11 (2), Stats., and s. 440.88 (3), Stats., which was created as s. 440.75 by
2005 Wisconsin Act 25, section
9421 (10q) and renumbered by the revisor under s. 13.93 (1) (b), Stats., and interpreting s. 440.88, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order on emergency rules to create chs.
RL 164 and
165, relating to a code of conduct and renewal requirements for substance abuse professionals.
Hearing Date, Time and Location
Date: June 27, 2006
Time: 9:00 A.M.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 122
Madison, Wisconsin
Appearance at the Hearing: Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Legal Counsel, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by July 3, 2006, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes interpreted: Stats. s.
440.88.
Statutory authority: Wis. Stats. ss. 227.11 (2) and 440.88 (3), which was created as Wis. Stats. s. 440.75 by
2005 Wisconsin Act 25, section
9421 (10q) and renumbered by the revisor under Wis. Stats. s. 13.93 (1) (b).
Explanation of agency authority: The Department of Regulation and Licensing has the authority under Wis. Stat. § 440.88 (3), which was created as Wis. Stat. § 440.75 by
2005 Wisconsin Act 25, section
9421 (10q) and renumbered by the revisor under Wis. Stat. § 13.93 (1) (b), to create rules for the transfer of credentialing authority of substance abuse counselors, clinical supervisors and prevention specialists to the Department from the Department of Health and Family Services.
Related statute or rule: Subchapter VII of chapter 440, Stats.
Plain language analysis: The purpose of this emergency rule is to create a code of conduct to facilitate assumption of disciplinary proceedings as part of the transfer of the regulation of substance abuse professionals from the Department of Health and Family Services to the Department of Regulation and Licensing. The emergency rule also sets forth the requirements for renewal.
The Department of Regulation and Licensing must promulgate this emergency rule for the period before the effective date of the permanent rules as promulgated under Wis. Stat. §
440.88 (3). Under the previous regulatory scheme, the Department of Health and Family Services and the Wisconsin Certification Board had established a code of conduct and restrictions on late renewals. This emergency rule continues the applicability of the rules until the department, with the advice of the Advisory Committee, can establish permanent rules.
Summary of, and comparison with, existing or federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Summary of factual data and analytical methodologies: The profession of substance abuse treatment providers had previously been regulated by the Department of Health and Family Services through a delegation to the Wisconsin Certification Board. A code of conduct and rules for renewal existed under that regulatory scheme. This emergency rule merely continues that regulatory scheme until the department can promulgate permanent rules under the advice of the advisory committee as contemplated by
2005 Wisconsin Act 25.
Fiscal Estimate
These rules implement the regulation of substance abuse professionals as enacted by
2005 Wisconsin Act 25. These rules neither increase the department's revenues or expenditures beyond those required by
2005 Wisconsin Act 25. These rules do not appear to have any impact on local government costs.
Anticipated costs incurred by private sector: The department finds that this rule has no significant fiscal effect on the private sector.
Effect on small business: These proposed rules will have no significant economic impact on small businesses, as defined in Wis. Stat. §
227.114 (1). This rule does not create any new or different restrictions on substance abuse counselors practicing in a small business setting. Such counselors previously were required to comply with a code of conduct substantially similar in content and were subject to a restriction on late renewal of credentials. This rule maintains that oversight during the transfer of regulation to the Department of Regulation and Licensing without adding new or additional restrictions.
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to s.
343.055 (5), Stats., and interpreting s.
343.055, Stats., the Department of Transportation will hold a public hearing in Room 144-B of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
29th day of June, 2006, at 1:00 PM, to consider the amendment of provisions of ch.
Trans 102, Wisconsin Administrative Code, that are related to CDL exemptions.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
Parking for persons with disabilities and an accessible entrance are available on the south side of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted: s.
343.055, Stats.
Explanation of agency authority: Section
343.055 (5) requires the Department to issue administrative rules implementing all federal CDL waivers.
Plain language analysis: Sections
343.055, Stats., and ss.
Trans 102.20 and
102.20, .22 and .23 implement a number of CDL waivers states are permitted to grant to drivers of certain commercial motor vehicles. These waivers were originally permitted under various “waivers" which were published in the Federal Register. The USDOT later codified these waivers in the Code of Federal Regulations and slightly changed some of them in that process. This proposed rule would implement the subtle changes created when the USDOT codified the regulations now found at
49 C.F.R. 383.3.
Section
343.055 (5), Stats., requires the Department to issue administrative rules addressing all federal CDL waivers.
1.
Firefighters and Emergency Responders. Section
343.055 (1) (b), Stats., currently exempts firefighters from all state CDL licensing requirements while they operate specific commercial motor vehicles (fire trucks, hook and ladder trucks and foam or water transporters). They must be employed by a volunteer or paid fire fighting organization and the person is operating emergency or fire fighting equipment necessary to the preservation of life or property or the execution of emergency management functions and equipped with a siren and warning lights and the operation is in the routine performance of other duties of the fire organization.
Section
49 C.F.R. 383.3(d)(2) permits states to exempt firefighters and other persons who operate CMVs, which are necessary to the preservation of life or property or the execution of emergency governmental functions. The federal rule allows additional CMVs to be operated without a CDL, including fire trucks, hook and ladder trucks, foam or water transport trucks, police SWAT team vehicles, ambulances, or other vehicles that are used in response to emergencies. This rule making will grant an exemption from CDL requirements that is consistent with federal law.
2.
Seasonal Farm Service Workers. Section
Trans 102.20 (8) (f), Wis. Admin. Code, is amended to conform to the codified requirements of
49 CFR 383.3(f)(3)(vii) with regard to the CDL exemption for certain farm service workers. Federal law now requires the 150-mile limit to be measured from the farm being serviced instead of from the worker's place of employment. This rule change adopts that requirement.
3.
Farmers. 49 CFR 383.3(d)(1) permits persons, such as family members, to qualify as CDL exempt farmers who were not exempted under the original federal waiver or current s.
343.055 (1) (c), Stats. This rule making creates s.
Trans 102.20 (5) to implement the looser federal requirements and to permit family members to drive CMVs if they meet federal requirements for exemption from CDL requirements. Federal law does not define the extent of a farmer's “family" for purposes of the farmer exemption. This leaves persons who are related but are outside of a farmer's immediate family unsure as to whether they do or do not qualify for the farmer exemption. This rule making clarifies that most relatives and their spouses will qualify for the exemption. The proposed rule would allow any parent, grandparent, child, aunt, uncle, brother, sister, grandchild, nephew, niece, first cousin, legal guardian, step-parent, step-child, step-brother, step-sister, or their spouses to qualify as part of the farmer's family.
4.
Snowplow Operators. The current provisions of s.
Trans 102.22 are moved into amended s.
Trans 102.23, in order to consolidate the complete CDL waiver provisions into one section of the code. The odd restricted license provisions available to farm service workers remain segregated into their own regulatory provision, s.
Trans 102.20. No substantive changes are intended in consolidating the regulation. Some language changes occurred simply to make the provision consistent in drafting style with the other subsections of s.
Trans 102.23.
5.
Pyrotechnics Industry Seasonal 4th of July Waiver. USDOT allows states to exempt drivers hauling large, less than 500 pounds of Class 1.3G, explosives (fireworks) from some licensing requirements between June 30 and July 6 of any year. The drivers must meet various qualifications and DMV then must issue special restricted CDL licenses to such drivers. DMV has had no requests to issue such licenses and has concerns about the safety aspects of issuing CDL licenses to haul explosives to drivers who have not been trained or tested with regard to such shipping. Implementing this license type would be expensive, and DMV does not believe many drivers would qualify or seek this type of license. Therefore, DMV is not proposing to implement the pyrotechnics waiver permitted under
49 CFR 383.3(g). (None of Wisconsin's adjoining states have implemented this waiver, either.)
Summary of, and preliminary comparison with, existing or proposed federal regulation: Section
49 CFR 383.3 permits states to exempt firefighters and others operating commercial motor vehicles from CDL requirements for the preservation of life or property or the execution of emergency governmental functions and the operation is not limited to the response or return from a fire or other emergency or the routine performance of other duties of the fire organization. It also permits farmers and their families to operate CMVs without CDLs, permits seasonal farm service workers to obtain limited CDLs without testing, permits snowplow operators from small communities to operate CMVs for snowplowing purposes in emergencies without CDLs, and permits some fireworks haulers to operate without CDLs around the 4
th of July. This proposed rule making brings Wisconsin's CDL exemptions more closely into parallel with those permitted by federal law, except that it does not implement the limited pyrotechnics waiver.
Comparison with Rules in Adjacent States: All adjacent states and Washington D.C. have CDL exemptions for firefighters and emergency responders, farmers, and military members similar to those proposed in this regulation. The states are inconsistent with respect to other waivers; some have implemented them, others not. The waivers for the neighboring states and their particular requirements are discussed below by state and subject area.
Illinois
RV Operators. Drivers of recreational vehicles operated primarily for personal use are exempt from CDL requirements. [625 ILCS 5/6-500(6)(b)(i)]
Military. United States Department of Defense vehicles being operated by non-civilian personnel are exempt from CDL requirements. This includes any operator on active military duty, members of the Reserves, National Guard, personnel on part-time training, and National Guard military technicians (civilians who are required to wear military uniforms and are subject to the Code of Military Justice) [625 ILCS 5/6-500(6)(b)(ii)]
Fire/Emergency. Drivers of firefighting and other emergency equipment with audible and visual signals, owned or operated by or for a governmental entity, which is necessary to the preservation of life or property or the execution of emergency governmental functions which are normally not subject to general traffic rules and regulations are exempt from CDL requirements. [625 ILCS 5/6-500(6)(b)(iii)]
Farmer. The driver of any motor vehicle controlled or operated by or for a farmer is waived from CDL licensing requirements when the motor vehicle being used is transporting agricultural products, implements of husbandry, or farm supplies within 150 air miles from the originating farm. However, for those drivers of any truck-tractor semitrailer combination or combinations, the waiver applies only when the driver is a farmer or a member of the farmer's family and the driver is 21 years of age or more and has successfully completed any tests the Secretary of State deems necessary. A farmer or a member of the farmer's family who operates a truck-tractor semitrailer combination or combinations pursuant to the waiver is granted all of the rights and shall be subject to all of the duties and restrictions of the law applicable to the driver who possesses a commercial driver's license issued under Illinois law, with minor exceptions. For purposes of the Illinois farmer waiver, a person must be a natural or in-law spouse, child, parent, or sibling to be considered a member of the farmer's family. [625 ILCS 5/6-507(c)]
Emergency Snow Removal. An employee of a township or road district with a population of less than 3,000 operating a vehicle within the boundaries of the township or road district for the purpose of removing snow or ice from a roadway by plowing, sanding, or salting is exempt from CDL requirements when the employee is needed to operate the vehicle because the employee of the township or road district who ordinarily operates the vehicle and who has a commercial driver's license is unable to operate the vehicle or is in need of additional assistance due to a snow emergency. [625 ILCS 5/6-507(c)(5)]
Farm Service Seasonal Employees. Illinois provides limited licenses to farm-related service industries consistent with federal guidelines. The restricted license shall be available for a seasonal period or periods not to exceed a total of 180 days in any 12-month period. [625 ILCS 5/6-521(b); Title 92, s. 103096, Illinois Admin. Code]
Temporary Pyrotechnics Waiver. Illinois has not implemented any pyrotechnics waiver.
Iowa
Farmers. A farmer or a person working for a farmer while operating a commercial motor vehicle owned by the farmer within 150 air miles of the farmer's farm to transport the farmer's own agricultural products, farm machinery, or farm supplies to or from the farm is exempt from CDL requirements. The exemption applies to farmers who assist each other through an exchange of services and shall include operation of a commercial motor vehicle between the farms of the farmers who are exchanging services. [IA Stats s.
321.176A]
Firefighters. A fire fighter while operating a fire vehicle for a volunteer or paid fire organization or a peace officer, while operating a commercial motor vehicle for a law enforcement agency, under conditions necessary to preserve life or property or to execute related governmental functions is exempt from CDL requirements. [IA Stats s.
321.176A]
Military. The following persons are exempt from CDL requirements when operating commercial motor vehicles for military purposes:
Active duty military personnel.
Members of the military reserves.
Members of the national guard on active duty, including personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians.
Active duty United States coast guard personnel. [IA Stats s.
321.176A]
RV Operators. A person while operating a motor home solely for personal or family use is exempt from CDL requirements. The law also exempts 5
th Wheel Trailer operators if the motor vehicle has a gross vehicle weight rating of less than 26,001 pounds and the travel trailer or fifth-wheel travel trailer is towed solely for personal or family use. [IA Stats s.
321.176A]
Farm Service Industry Drivers. Iowa Statute 321.176B permits the Iowa DOT to exempt Farm Service Industry Drivers by rule. There are a number of restrictions and requirements to qualify for this restricted license. [s. 761—607.49, IA Admin Code]
A home care aide operating a motor vehicle in the course of the home care aide's duties.
Snow Emergency Drivers. Iowa does not appear to have implemented the federal waiver for emergency snow plow operations in small municipalities.
Temporary Pyrotechnics Haulers. Iowa has not implemented any pyrotechnics waiver.
Minnesota
RV Operators. Persons operating a qualifying recreational vehicle may do so with a Class D license and are not required to hold a CDL. To qualify, a recreational vehicle must be a travel trailer (including those that telescope or fold down), chassis-mounted camper, motor home, tent trailer, or converted bus that provides temporary human living quarters. In addition, the vehicle may not be used as the residence of the owner or occupant, must be used while engaged in recreational or vacation activities; and must be either self-propelled or towed on the highways incidental to the recreational or vacation activities. [ss.
169.01 subd. 25,
171.02 subd.
2. (c) (3), MN Stats.]
Military. A person in the employ or service of the United States federal government is exempt from CDL requirements while driving or operating for military purposes a commercial motor vehicle owned by or leased to the United States federal government if the person is: (1) on active duty in the U. S. Coast Guard; (2) on active duty in a branch of the U. S. Armed Forces, which includes the Army, Air Force, Navy, and Marine Corps; (3) a member of a reserve component of the U. S. Armed Forces; or (4) on active duty in the Army National Guard or Air National Guard, which includes (i) a member on full-time National Guard duty, (ii) a member undergoing part-time National Guard training, and (iii) a National Guard military technician, who is a civilian required to wear a military uniform. The exemption does not apply to a U. S. Armed Forces Reserve technician. [171.03(b), MN Stats.]
Fire/Emergency. Persons operating authorized emergency vehicles can do so on a Class D license and are not required to have a CDL. Vehicles included are:
A vehicle of a fire department;
A publicly owned police vehicle or a privately owned vehicle used by a police officer for police work under agreement, express or implied, with the local authority to which the officer is responsible;
A vehicle of a licensed land emergency ambulance service, whether publicly or privately owned;
1 This exemption appears to violate federal law requirements.
An emergency vehicle of a municipal department or a public service corporation, approved by the commissioner of public safety or the chief of police of a municipality;
A qualified volunteer rescue squad;
A vehicle designated as an authorized emergency vehicle upon a finding by the commissioner of public safety that designation of that vehicle is necessary to the preservation of life or property or to the execution of emergency governmental functions. [ss.
169.01 subd. 5,
171.02 subd.
2.(c)(2), MN Stats.]
Farmer. Persons operating farm trucks do not need a CDL if the farm truck is:
Controlled and operated by a farmer, including operation by an immediate family member or an employee of the farmer;
Used to transport agricultural products, farm machinery, or farm supplies, including hazardous materials, to or from a farm;
Not used in the operations of a common or contract motor carrier as governed by Code of Federal Regulations, Title 49, Part 365; and
Used within 150 miles of the farm. [171.02 subd. 2.(c)(1), MN Stats.]
Emergency Snow Removal. A person who operates a commercial motor vehicle for the purpose of removing snow or ice from a roadway by plowing, salting, or sanding is not required to hold a commercial driver's license if the person: (1) is an employee of a local unit of government with a population of 3,000 or less; (2) is operating within the boundaries of the local unit of government; (3) holds a valid class D driver's license; and (4) except in the event of a lawful strike, is temporarily replacing the employee who normally operates the vehicle but either is unable to operate the vehicle or is in need of additional assistance due to a snow emergency as determined by the local unit of government. [171.02 subd. 5, MN Stats.]
Farm Service Seasonal Employees. Minnesota does not appear to have adopted this exemption. Minnesota does have a restricted farm license for drivers 15 years of age who do not hold regular licenses and who drive farm vehicles in the course of working for their parents.
Temporary Pyrotechnics Haulers. Minnesota has not implemented any pyrotechnics waiver.
Michigan
RV Operators. Persons who drive a motor home or a vehicle used exclusively to transport personal possessions or family members for nonbusiness purposes are exempt from CDL requirements. [257.312e(13), MVC] Persons operating 5th wheel trailers or motor homes must obtain a state required non-CDL endorsement. [257.312i(1), MVC]
Military. A person serving in the armed forces of the United States if furnished with a driver's permit and operating an official motor vehicle in that service is exempt from any driver license requirement in Michigan, including CDL requirements. A person who is a civilian and in the employ of the armed forces of the United States is not exempt from obtaining a license.
Fire/Emergency. A police officer or a firefighter who has met the driver training standards of the Michigan fire fighters' training council are exempt from CDL requirements when operating an authorized emergency vehicle. [257.312e(12), MVC]
Farmer. Michigan law exempts farmers from CDL requirements if all of the following are met:
The vehicle is controlled and operated by a farmer or an employee or family member of the farmer;
The vehicle is used to transport agricultural products, farm machinery, farm supplies, or a combination of these items, to or from a farm.
The vehicle is not used in the operation of a common or contract motor carrier.
The vehicle is operated within 150 miles of the farm.
If the vehicle has a gross vehicle weight rating of 26,001 pounds or more on the power unit, the driver has a qualifying license endorsement that is issued upon successful completion of a knowledge test.
If the vehicle has a gross vehicle weight rating of 26,001 pounds or more or is a combination of vehicles having a gross vehicle weight rating of 26,001 pounds or more on the power and is carrying hazardous materials on which a placard is required under federal law, the driver needs an endorsement obtained by successfully completing both a knowledge test and a driving skills test. [257.312e(11), MVC]
Emergency Snow Removal. Michigan does not grant this federal waiver.
Farm Service Seasonal Employees. Michigan does not grant this federal waiver.
Temporary Pyrotechnics Haulers. Michigan has not implemented any pyrotechnics waiver.
Summary of factual data and analytical methodologies used and how the related findings support the regulatory approach chosen: No data or analytical methodology was employed in considering this rule making.
Analysis and supporting documentation used to determine effect on small businesses: This rule making has no effect on small business. This affects only drivers operating fire fighting type commercial vehicles necessary for the preservation of life or property. The Department's Regulatory Review Coordinator may be contacted by e-mail at
andrew.ruiz@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal effect and anticipated costs incurred by private sector
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state revenues or liabilities, nor will the private sector incur any costs.
Agency contact person and place where comments are to be submitted and deadline for submission: The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Terry Ewing, Department of Transportation, Division of Motor Vehicles, Bureau of Field Services, Room 266, P. O. Box 8917, Madison, WI 57708-8917. You may also contact Mr. Ewing by phone at (608) 266-0428.
Notice of Hearing
Workforce Development
Hearing Information
Monday, June 26, 2006 at 1:30 p.m.
G.E.F. 1 Building, 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 regarding communication or accessibility 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.
Analysis Prepared by the Department of Workforce Development
Explanation of agency authority. The Wisconsin Fair Employment Act is located at Subchapter
II of Chapter 111, Stats. Section
111.375 (1), Stats., provides that the department may make, amend, and rescind such rules as are necessary to carry out the subchapter.
The Wisconsin Open Housing Law is found at s.
106.50, Stats. Section
106.50 (1s), Stats., provides that the department may promulgate such rules as are necessary to carry out the section.
Section
106.52 (2), Stats., provides that the department may promulgate such rules as are necessary to carry out protections under s.
106.52, Stats., relating to public places of accommodation or amusement.
Section
230.89 (1), Stats., requires the division to promulgate rules to carry out its responsibilities for enforcement of provisions commonly referred to as the “whistleblower law." The “whistleblower law" protects state employees from retaliation for disclosure of information under certain circumstances.
Under s.
103.10 (12), Stats., the department has responsibility for administrative enforcement of the family or medical law.
Section
106.54 (5),
(6) and
(7), Stats., provides that the Equal Rights Division shall receive certain types of complaints and process them in the same manner as fair employment complaints under s.
111.39, Stats. These types of complaints are:
Retaliation for reports to the Board on Aging and Long-Term Care under s.
16.009 (5) (d), Stats.
Retaliation for reporting the abuse of an elderly person to a state or county agency under s.
46.90 (4) (b), Stats.
Retaliation for reporting abuse in care and service residential facilities under s.
50.07 (3) (b), Stats.
Retaliation against a health care worker who reports that the quality of health care provided by a health care facility or provider violates any law, rule, or standard established by a professionally recognized accrediting or standard-setting body and poses a potential risk to public health or safety under s.
146.997, Stats.
Failure to comply with re-employment rights after National Guard, state defense force, or public health emergency service under s.
21.80 (7) (b), Stats.
Section
106.56 (4) (a), Stats., relating to discrimination because of a physical condition or developmental disability in post-secondary education, provides that the department shall review and investigate complaints with all the powers provided under s.
111.39, Stats., which relates to the department's powers and duties under the Wisconsin Fair Employment Act.
Section
101.055 (8), Stats., provides protection for public employees exercising their rights under the Public Employee Safety and Health Law, which is otherwise administered by the Department of Commerce. Employees who believe they have been discharged or discriminated against because they have exercised rights under the law may file a complaint with the Equal Rights Division. If the Equal Rights Division determines that there is probable cause, it shall conduct a hearing, issue a decision, and order appropriate relief. Section
106.54 (4), Stats., also directs the Equal Rights Division to review complaints of discrimination against public employees exercising their rights with respect to occupational safety and health matters under s.
101.055 (8), Stats.
Section
103.005 (1), Stats., provides that the department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.
Summary of the proposed rules. The proposed rules will amend the fair employment rules in Chapter
DWD 218 to specify the types of complaints that ss.
106.54 (5),
(6), and
(7) and
106.56, Stats., direct the Equal Rights Division to receive and process in the same manner as fair employment complaints under s.
111.39, Stats.
2005 Wisconsin Act 25 amends the Wisconsin Open Housing Law at s.
106.50 (6) (c) 2., Stats., to provide that the Attorney General shall represent complainants in cases in which the Equal Rights Division has made an initial determination of probable cause. The proposed rules will amend the open housing rules in Chapter
DWD 220 to reflect this new requirement.
The Division proposes to create a new rule chapter at Chapter
DWD 223 to provide procedures for processing discrimination or retaliation complaints by public employees exercising their rights under the Public Employee Safety and Health Law under s.
101.055 (8), Stats. The proposed rule chapter is based on the fair employment rules in Chapter
DWD 218, except time frames for certain actions are shorter because s.
101.055 (8), Stats., provides that the Equal Rights Division shall process cases in shorter time frames. For this reason, the proposed rules provide that appeals of preliminary determinations or findings of no probable cause must be filed within 10 days, rather than 20 days. The proposed rules provide that the notice of hearing shall be sent no less than 20 days before the hearing, rather than 30 days. The requirement that parties submit witness and exhibit lists 10 days before hearing is eliminated. Also, unlike the fair employment statute, s.
101.055 (8) provides that decisions and orders of the Equal Rights Division are subject to judicial review under Chapter
227, Stats., rather than review by the Labor and Industry Review Commission.
All rules administered by the Civil Rights Bureau in the Equal Rights Division will be amended to provide that complaints and other documents may be filed by facsimile transmission. A faxed document will be considered to be filed on the date of transmission as recorded by the division's facsimile machine, except documents filed by fax after regular business hours or a day the offices of the division are closed shall be considered to be filed on the next business day of the division. Documents may not be filed by electronic mail unless expressly authorized by the equal rights officer or the administrative law judge assigned to the case. All rules will also be amended to provide that hearings may be recorded with either digital equipment or tape recording equipment. The rules administered by the Civil Rights Bureau are:
Chapter
DWD 220, relating to fair housing.
Chapter
DWD 221, relating to public accommodations.
Chapter
DWD 224, relating to whistleblower protection.
Chapter
DWD 225, relating to family and medical leave.
The proposed Chapter
DWD 223, relating to public employee safety and health, also contains the same provisions on fax and email communications and recording with digital equipment.
Chapters
DWD 218,
224, and
225 are amended to clarify that the respondent does not need to file an answer for an appeal of an initial determination of no probable cause.
Summary of factual data and analytical methodologies. Sections
16.009 (5) (d),
46.90 (4) (b),
50.07 (3) (b),
146.997,
21.80 (7) (b), and
106.56, Stats., provide that complaints under these provisions shall be processed in the same manner as fair employment complaints. Chapter
DWD 218, relating to fair employment, is amended for clarity to include these references.
Section
101.055 (8), directs the Equal Rights Division to process complaints of retaliation under the public employee health and safety law. There is no statutory directive on how these complaints are to be processed, and the Equal Rights Division does not currently have a rule that covers these complaints. A new rule chapter is created to provide clear authority for the division's procedures on processing the complaints.
All rules administered by the Equal Rights Division are amended to provide procedures on filing documents by fax and email and to allow digital recordings of hearings. These changes reflect technological advances.
Comparison with federal law. Employment discrimination complaints may be filed by mail or in person at the nearest Equal Employment Opportunity Commission office. Fair housing complaints may be filed by online form, telephone, or mail with the Department of Housing and Urban Development. Complaints regarding disability discrimination against students in a post-secondary institution may be filed with the Office of Civil Rights in the Department of Education by online form, mail, fax, or in person. The Office of Civil Rights encourages customers to use e-mail or fax to communicate with staff when possible. Complaints regarding reemployment rights under the Uniformed Services Employment and Reemployment Rights Act of 1994 may be filed with the Department of Labor Veterans Employment and Training Service in writing using a prescribed paper form or an electronic form.
Comparison with rules in adjacent states. Michigan. A complaint may be filed by personal delivery or by mail. The case in support of a discrimination charge is presented at the hearing by a department attorney or a member of the department's staff, or upon notice from the claimant, by the claimant or his or her counsel subject to the right of the department to present other or additional evidence or argument. Verbatim stenographic notes of the hearing are made and kept by a competent reporter.
Iowa. Any document, including a complaint of discrimination, may be filed in person or by mail, fax, or courier service. The case in support of a discrimination complaint is presented at the hearing by a commission attorney.
Illinois. The Department of Human Rights receives complaints and conducts an investigation to determine whether there is probable cause. The department accepts documents served personally or by telefax, U.S. mail, or private delivery service. Hearings on discrimination complaints are conducted by the Human Rights Commission. The commission rule on filing discusses the requirements of filing documents by mail. It is not clear if other types of filing are allowed. The commission arranges for a record of the proceedings to be made, transcribed and filed in the commission's office.
Minnesota. Filing is accomplished by delivery of the charge to the department's office. The Attorney General represents a charging party after the department determines that there is probable cause that discrimination occurred.
Effect on small business. The proposed rules may affect small businesses as defined in s.
227.114 (1), Stats., in the manner that documents may be filed in a discrimination case. No reporting, bookkeeping, or other professional skills are required for compliance with the proposed rules. The Department's Small Business Regulatory Coordinator is Jennifer Jirschele, (608) 266-1023,
jennifer.jirschele@dwd.state.wi.us.
Fiscal Effect
The proposed rules have no fiscal effect.
Agency contact person. LeAnna Ware, Civil Rights Bureau Director, Equal Rights Division, Dept. of Workforce Development,
leanna.ware@dwd.state.wi.us, (608) 266-1997
Written comments. The proposed rules are available at the web site
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
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
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 28, 2006, will be given the same consideration as testimony presented at the hearing.
