Statutory authority
Explanation of agency authority
By statute, the ETF Secretary is expressly authorized, with appropriate board approval, to promulgate rules required for the efficient administration of any benefit plan established in ch. 40 of the Wisconsin statutes.
Section 40.51 (7) (a), Stats., allows the department to establish by rule different eligibility standards or contribution requirements for any employer, other than the state, including an employer that is not a participating employer, that elects to offer to all of its employees a health care coverage plan through a program offered by the group insurance board.
In addition, each state agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Related statutes or rules
There are no other related statutes or administrative rules directly related to this technical rule.
Plain language analysis
The purpose of this rule is to revise existing administrative rules of the Department of Employee Trust Funds to make them conform with 2011 Wisconsin Acts 10, 32 and 133, to reflect current practices of the department, to provide flexibility regarding due dates for filing reports with the department, and to make other technical changes.
Summary of, and comparison with, existing or proposed federal statutes and regulations
The only federal regulations that may be affected by this proposed rule are provisions of the Internal Revenue Code regulating qualified pension plans. The Wisconsin Retirement System is required to be maintained as a qualified plan by s. 40.015, Stats.
Comparison to rules in adjacent states
Periodically, retirement systems in adjacent states promulgate technical rules to update existing administrative rules.
Summary of factual data and analytical methodologies
The department is proposing this rule to update existing rules and interpretations of existing statutes.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
This rule does not have an effect on small businesses because private employers and their employees do not participate in, and are not covered by, the Wisconsin Retirement System. Please see attached economic impact analysis.
Effect on Small Business
The rule has no effect on small businesses.
Regulatory Flexibility Analysis
The proposed rule has no significant effect on small businesses because only governmental employers and their employees may participate in the benefit programs under ch. 40 of the statutes administered by the Department of Employee Trust Funds.
Fiscal Estimate
Please see the attached fiscal estimate.
Agency Contact Person (including e-mail and telephone)
Please direct any questions about the proposed rule to David Nispel, General Counsel, Department of Employee Trust Funds, P.O. Box 7931, Madison, WI 53707. The e-mail address: david.nispel@etf.wi.gov. The telephone number is: (608) 264-6936.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
1. Type of Estimate and Analysis
X Original   Updated   Corrected
2. Administrative Rule Chapter, Title and Number
Chapters ETF 10, 20, and 40.
3. Subject
Technical and minor substantive changes in existing ETF administrative rules.
4. Fund Sources Affected
5. Chapter 20, Stats. Appropriations Affected
GPR   FED   PRO   PRS   SEG   SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect
Indeterminate
Increase Existing Revenues
Decrease Existing Revenues
Increase Costs
Could Absorb Within Agency's Budget
Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
State's Economy
Local Government Units
Specific Businesses/Sectors
Public Utility Rate Payers
Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
Yes   X No
9. Policy Problem Addressed by the Rule
The objective of this technical rule is to make technical updates to existing ETF rules, create consistency with statutes recently amended by the legislature, and make other minor substantiave changes.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Information, including the proposed rule language, will be made available by posting on the ETF website and the Wisconsin administrative rules website and by submitting the information to the Governor's Office of Regulatory Compliance.
11. Identify the local governmental units that participated in the development of this EIA.
None.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
No substantive impact is anticipated.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
ETF 10.01 (3i) is amended to remove the language referencing the benefit adjustment contribution, since that type of contribution to the Wisconsin Retirement System was eliminated by 2011 Wisconsin Act 10.
ETF 10.63 establishes various deadlines by which reports are due to be filed with the department. The proposed rule allows employers more flexibility in the deadlines for submitting monthly reports to ETF and will allow the ETF Secretary to respond rapidly to future changes and needs. The need for flexibility arose because of changes made by 2011 Wisconsin Act 10.
ETF 10.86 is created to alow a member, beneficiary, or distributee of an estate who has benefits paid via electronic deposit into a financial institution account owned by him/her to designate a representative payee, nursing home, religious order or other entity that is approved by ETF.
ETF 20.515 (1) and (2) are repealed and replaced with language to comply with 2011 Wisconsin Act 32 eligibility requirements, including two paragraphs concerning educational support personnel employees.
ETF 40.10 is amended to comply with 2011 Wisconsin Act 133 and permit governmental employers who are not participating employers in the Wisconsin Retirement System to be covered in the local governmental health insurance plan offered by the Group Insurance Board.
The alternative would be to fail to comply with recent legislative changes, to have little flexibility in establishing deadlines for filing reports with ETF, and to not offer options for a member, beneficiary, or distributee of an estate to meet their financial obligations.
14. Long Range Implications of Implementing the Rule
Implementation will bring the affected ETF rules into compliance with recent legislative changes and create flexibility for employers, members, beneficiaries and distributees of estates.
15. Compare With Approaches Being Used by Federal Government
Not applicable.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Periodically, retirement systems in adjacent states promulgate technical rules to update existing administrative rules.
17. Contact Name
18. Contact Phone Number
David H. Nispel, General Counsel
608-264-6936
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services —
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
NOTICE IS HEREBY GIVEN that pursuant to sections 227.11 (2) (a) and 443.015 (2), Stats. and interpreting sections 443.04, 443.09, and 443.10, Stats. the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to repeal sections A-E 4.06 and 4.08 (7); to renumber sections A-E 4.07, 4.08 (8), 4.08, 4.09, and 4.08 (2) (b) to amend sections A-E 4.03 (2) (a) 4., 4.08 (2) (a) and (b) and 4.09 (1) (b); to repeal and recreate section A-E 4.05, and to create sections A-E 4.08 (2) (b) and (c), relating to requirements for registration as a professional engineer.
Hearing Information
Date:   Thursday, January 31, 2013
Time:   9:00 a.m.
Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)
  Room 121
  Madison, WI 53703
Appearances at the Hearing
Interested persons are invited to present information at the hearing. You may make a presentation in person, submit a brief statement regarding facts, opinions or arguments, or both. You may also submit a brief statement of facts, opinions and arguments in writing without a personal appearance by mail addressed to Shawn Leatherwood, Department of Safety and Professional Services, Division of Board Services, P.O. Box 8935, Madison, WI 53708. Written comments will be accepted up until January 31, 2013.
Copies of Proposed Rule, Fiscal Estimate, and Economic Impact Analysis
Copies of the proposed rule are available upon request to Shawn Leatherwood, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 or by email at
Shancethea.Leatherwood@wisconsin.gov.
Place Where Comments Are to be Submitted and Deadline For Submission
Comments may be submitted to Shawn Leatherwood, Paralegal, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 117, P.O. Box 8935, Madison, WI 53708-8935, or by email to Shancethea.Leatherwood@wisconsin.gov.
Comments must be received on or before January 31, 2013, at 9:30 a.m., to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Sections 443.04, 443.09, 443.10, Stats.
Statutory authority
Sections 227.11 (2) (a), 443.015 (2), Stats.
Explanation of agency authority
Section 227.11 (2) (a), Stats., authorizes state agencies to promulgate rules interpreting the statutes they enforce or administer when deemed necessary to effectuate the purpose of those statutes. Section 443.015 (2), Stats., authorizes the Professional Engineer Section of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors (Joint Board) to promulgate rules governing the practice of professional engineering.
Related statute or rule
No statutes or administrative rules beyond those referenced above are related to this proposed rule-making.
Plain language analysis
This proposal is solely based on legislation that became effective on May 28, 2010. 2009 Wisconsin Act 350 amended the statutory requirements for registration as a professional engineer, which were then set forth in the now-former versions of ss. 443.04 and 443.09, Stats. As relevant to this proposal, Act 350 repealed former ss. 443.04 (1) (c) and (d), and (2), and 443.09 (6), Stats. Prior to Act 350's effective date, s. 443.04 (1), Stats., provided four alternative means for an applicant to satisfy the education and experience requirements for licensure as a professional engineer by examination, and s. 443.04 (2), Stats., allowed a failed examinant to obtain review of his or her examination by the appropriate section of the examining board. Act 350 recreated s. 443.04, Stats., which now provides for only two paths to professional engineer licensure by examination in new subsections (1m) and (2m). Act 350 also removed provisions within the former s. 443.09 (4), Stats., as necessitated by the statutory changes. The repeal of s. 443.09 (6), Stats., eliminated the examination review provision.
Summary of, and comparison with, existing or proposed federal regulation
None.
Comparison to rules in adjacent states
Illinois:
In Illinois, an applicant for licensure as a professional engineer by examination must graduate either from an approved 4-year engineering curriculum and have an additional 4 years or more of qualifying work experience; or graduate from a non-approved 4-year engineering or other related science curriculum and have an additional 8 years or more of qualifying work experience. 225 ILCS 325/10. Both types of applicants must also pass two 8-hour examinations, one on engineering fundamentals, and the other on engineering principles and practice. Id.
The statutes do not address examination review for applicants who fail the required licensure examinations.
With respect to the education and experience requirements for licensure as a professional engineer by examination, the Illinois Administrative Code merely restates the statutory provisions on the same. 68 Ill. Admin. Code 1380.230 (c). The Illinois rules specifically prohibit examination review by failed examinants, including the rescoring of an examination, but do allow for a retabulation of the numerical score. 68 Ill. Admin. Code 1380.260 (h).
Iowa:
The Iowa statutes (Iowa Code) require that applicants for licensure as a professional engineer graduate from a 4-year course in engineering in a school or college which, in the opinion of the Iowa Engineering and Land Surveying Examining Board, has properly prepared the applicant for the first required examination, which covers engineering fundamentals. Section 542B.14 1.a.(1), Iowa Code. The applicant must also show a specific record of four years or more of practical engineering experience of a character satisfactory to the Board. Section 542B.14 1.c., Iowa Code. Entrance into the second required examination, engineering principles and practice, is contingent upon the applicant showing that he or she has the necessary work experience. Section 542B.14 1.d., Iowa Code.
Although failed examinants may request information from the Board concerning their examination grades and incorrectly answered questions, the statutes do not provide for a review of a failed examination by the Board. Section 542B.15, Iowa Code.
Referring to the requirements for licensure as a professional engineer set forth in s. 542B.14, Iowa Code, Iowa's administrative rules note that the Iowa Engineering and Land Surveying Examining Board will issue an initial license only upon an applicant's chronological satisfaction of those requirements. Section 193C—4.1, Iowa Admin. Code. The rule goes on to state that applicants who did not graduate from a nationally accredited engineering curriculum must, in addition to their 4-year degree, complete an extra year of practical experience prior to sitting for the engineering fundamentals examination. Section 193C—4.1(1)a.(1), Iowa Admin. Code. Finally, the rules provide that the applicant must successfully complete the engineering principles and practice examination, eligibility for which requires a record of 4 years of practical engineering work experience of a character satisfactory to the Board. Section 193C—4.1(3)a., Iowa Admin. Code.
The Iowa rules also state that the results of all professional engineer licensure examinations will be reported as pass or fail, but that failed examinants may obtain a converted score and a diagnostic report indicating areas of weakness, as available. Section 193C—4.1(8)g., Iowa Admin. Code. The rules otherwise do not address examination review.
Michigan:
To become licensed by examination as a professional engineer in Michigan, Michigan's statutes require an applicant to have at least a 4-year degree in engineering from an accredited program or its equivalent, as determined by the Board of Professional Engineers. Section 339.2005 (2) (b), MCL. The applicant must also have not less than 8 years of professional experience in engineering work acceptable to the Board. Section 339.2005 (2) (a), MCL. Not more than 6 years of education will count toward the experience requirement. Id. Upon the applicant's fulfillment of those requirements, the applicant must then pass both the engineering fundamentals and professional practice examinations, or show proof of equivalent qualification for practice acceptable to both the Department of Licensing and Regulatory Affairs and the Board of Professional Engineers. Section 339.2004 (2) (b), MCL.
The Michigan statutes do not address review of a failed examination for professional engineer licensure applicants.
http://www.legislature.mi.gov/(S(20fedyfiyad30amdcuypsx45))/mileg.aspx?page=MCLIndex&objectname=mcl-chap339
The Michigan administrative rules establish the standards used by the Board of Professional Engineers in determining the acceptability of bachelor's degrees for professional engineer licensure, and what will qualify as acceptable work experience. Sections 339.16021, 339.16022, Mich. Admin. Code. A bachelor's degree from an acceptable program will fulfill 4 of the 8 years' work experience requirement. Section 339.16021 (4), Mich. Admin. Code. Each advanced engineering degree, such as a master's or a doctorate, will count as 1 additional year of experience. Section 339.16021 (5), Mich. Admin. Code. The rules provide for an equivalency alternative to the engineering fundamentals examination for certain applicants, but otherwise do not address examination results or review. Section 339.16026, Mich. Admin. Code.
Minnesota:
The Minnesota statutes regarding the licensure of professional engineers contain very few specific provisions, but delegate licensing authority to the 560.70 (2m) (b) and 560.701 to 560.706 – as created by 2009 Wisconsin Act 2.
The Board of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and Interior Design requires applicants for licensure as a professional engineer to pass two 8-hour written examinations, one on the fundamentals of engineering (FE) and the other on engineering principles and practice. Section 1800.2500 Subp. 1., Minn. Admin. Rules. The Board must waive the FE examination requirement for applicants with 20 or more years of qualifying engineering experience and a doctorate degree in either engineering or an equivalent field. Section 1800.2800, Minn. Admin. Rules. To qualify to take the FE, an applicant must have at least a 4-year degree in engineering from either an accredited curriculum or one non-accredited that includes the minimum number of engineering science and design credits required by an accredited curriculum. Section 1800.2500, Subp. 2., A., C., Minn. Admin. Rules. An applicant whose bachelor's degree was in a non-engineering program, but who has a master's degree in engineering, will also qualify to the take the FE. Section 1800.2500, Subp. 2., D., Minn. Admin. Rules.
Eligibility for the principles and practice examination requires, beyond the educational component, a certain number of years' engineering work experience, depending on the type of degree held by the applicant. Section 1800.2500, Subp. 2a., B., Minn. Admin. Rules. A graduate of a 4-year accredited engineering program must show at least 4 years of qualifying work experience; a graduate of a non-accredited 4-year engineering or a non-engineering curriculum must have had 6 years of experience; and an applicant with a master's degree or doctorate in engineering, but whose bachelor's degree was in a non-engineering program must have had 5 years' experience. Section 1800.2500, Subp. 2a., B. (1)-(3), Minn. Admin. Rules. Finally, an applicant with both a bachelor's and master's degrees in engineering need only have completed 3 years' experience. Section 1800.2500, Subp. 2a., B. (4), Minn. Admin. Rules.
The Minnesota rules do not provide for examination review, but under S. 1800.0900, Subp. 4, Minn. Admin. Rules, require a failed examinant to retake the examination.
Summary of factual data and analytical methodologies
No factual data was required for the rule-making in this proposal, as the changes were necessitated by statute. For that reason, no analysis was involved in the preparation of these proposed rules.
Analysis and Supporting Documents Used to Determine Effect On Small Business or In Preparation of Economic Impact Analysis
Fiscal estimate and economic impact analysis
The Fiscal Estimate and Economic Impact Analysis are attached.
Effect on small business
Because the statutory changes that prompted this proposal took effect over two years ago, these proposed rules will not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats., beyond that which such businesses have already experienced and absorbed. The Department's Regulatory Review Coordinator may be contacted by email at Greg.Gasper@wisconsin.gov, or by calling (608) 266-8608.
Agency Contact Person
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.