Hearing Date:
December 17, 1996
Extension Through:
June 27, 1997
EMERGENCY RULES NOW IN EFFECT
Workforce Development
(Wage Rates, Chs. ILHR 290-294)
Rules adopted revising ch. ILHR 290, relating to the determination of prevailing wage rates for workers employed on state or local public works projects.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
1995 Wis. Act 213 made a number of major changes to the laws which require the department to determine prevailing wage rates for state and local public works projects. In place of a case-by-case investigations, the Department of Workforce Development is required to conduct an annual survey of employers and issue prevailing wage rate determinations for all trades or occupations in all areas of the state throughout the year based on the survey data. The statutes also provide that members of the public, employers, local governmental units and state agencies may ask the DWD to review prevailing wage rate determinations under a number of specified circumstances.
This emergency rule establishes deadline and appeal criteria for the process that will be used to compile the 1996 survey results and consider requests for review. The use of an emergency rule for this purpose will benefit the public, employers local governments units and state agencies by giving them clear information as to the procedures to be followed, and it will also help the DWD to meet the statutory requirement that prevailing wage rates be compiled and issued promptly.
Publication Date:
December 11, 1996
Effective Date:
December 11, 1996
Expiration Date:
May 10, 1997
Hearing Date:
March 31, 1997
Statements of Scope of Proposed Rules
Agriculture, Trade & Consumer Protection
Subject:
Ch. ATCP 92 - Relating to weighing and measuring devices.
Description of policy issues:
Preliminary objective:
Clarify that a manufacturer of commercial weighing or measuring devices is responsible for correcting latent defects, known to the manufacturer, that cause those devices to weigh or measure inaccurately to the detriment of consumers or retailers.
Preliminary policy analysis:
The Department currently regulates weighing and measuring devices under ch. 98, Stats., and ch. ATCP 92, Wis. Adm. Code. Section 98.26 (1) (b), Stats., currently prohibits any person from “causing” a weight or measure to be incorrect. The Department proposes to modify ch. ATCP 92 to clarify that this prohibition applies to a manufacturer of weighing or measuring devices who:
ä Knows or has reason to know that a design or manufacturing defect will cause the devices to weigh or measure incorrectly; and
ä Fails to take reasonable steps to prevent the incorrect weights or measures.
This change will provide stronger protection for Wisconsin consumers. It will also protect Wisconsin retailers who rely on accurate weighing and measuring devices, and who may not be aware of latent defects in the devices they are using.
Policy alternatives:
l Make no change in ch. ATCP 92, but pursue case-by-case litigation that may clarify the interpretation of current law. This alternative will be costly and time-consuming, and may not provide adequate protection for consumers and retailers.
l Make no change in ch. ATCP 92, but take enforcement action against individual retailers who are using defective and inaccurate devices. There may be hundreds of retailers throughout the state who have purchased the defective devices. Many of them may be unaware of the defect. Piecemeal action against individual retailers may be unfair and ineffective in correcting a statewide problem which is ultimately caused by the device manufacturer, not by the retailers.
Statutory authority:
The Department is considering amendments to ch. ATCP 92, Wis. Adm. Code (Weighing and Measuring Devices) under authority of ss. 93.07 (1) and 100.20 (2), Stats.
Staff time required:
The Department proposes to include this rule as part of another weights and measures rulemaking proceeding currently in progress. Negligible additional staff time will be needed to develop this rule.
Corrections
Subject:
DOC Code - Rule promulgation to establish policies, procedures, and standards for the sex offender community notification program and honesty testing of sex offenders program.
Description of policy issues:
Description of the objectives of the rule:
The objective of the rule is to establish procedures for registering sex offenders in the Wisconsin Sex Offender Registry, storage of that information, and the dissemination of that information to law enforcement and the public. The rule will delineate the responsibilities of both the Department of Corrections and offender to whom the law is applicable. The rule is intended to protect victims and the public by denying anonymity to sex offenders. This rule is designed to aid law enforcement in monitoring sex offenders in Wisconsin communities.
In addition, the objective of the rule is to establish standards for the use of honesty testing devices in the supervision of sex offenders. Further, the objective of the rule is to provide for assessment of fees upon offenders to partially offset the costs of the program.
The alternatives to the proposed policy would result in not establishing procedures for the registration of sex offenders as required by statute.
The alternatives to the proposed policy would result in not establishing standards for the use of honesty testing devices in the supervision of sex offenders.
Statutory authority for the rule:
Sex Offender Community Notification: ss. 301.45 and 301.46; Honesty Testing of Sex Offenders: ss. 51.375 and 301.132
Estimate of the amount of time state employes will spend to develop the rule and of other resources necessary to develop the rule:
The Department estimates that it will take approximately 300 hours to develop the rule for both sex offender community notification and honesty testing of sex offenders, including drafting and complying with rulemaking requirements.
Employe Trust Funds
Subject:
ETF Code - Provisions relating to restoration of an employe's group insurance coverage under chapter 40, Stats., when the employe is reinstated to participating employment as a result of a court order or compromise settlement.
Description of policy issues:
Objectives of the rule:
To clarify enrollment eligibility, deadlines, and effective dates of insurance coverage when an employe is reinstated to participating employment after a period of termination of employment as a result of a court order or compromise settlement.
Policy analysis:
This rule was originally proposed as part of
Clearinghouse Rule 96-127, relating to conditions under which the Department of Employe Trust Funds will treat payments received under a court order or compromise settlement as earnings for retirement benefit purposes. Sections of the draft rule pertaining to insurances were deleted before the rule was submitted to the Employe Trust Funds Board, because under s. 40.03 (2) (ig), Stats., the Group Insurance Board is authorized to approve rules pertaining to insurances under subchapters IV to VI of chapter 40, Stats.
The rule will clarify current Department practice regarding reinstatement of insurances when an employe returns to work after a period of termination which is expunged by a court order or compromise settlement. The employe is entitled to enroll for any insurance plan under which he or she was insured at the time of termination, and for any plan newly-offered by the employer during the period of termination. The deadlines for application and the effective dates of coverage are the same as those that would apply to a new employe who had already served any required waiting period.
Policy alternatives to the proposed rule:
This rule is intended to codify and systematize current practice rather than to introduce changes. If the rule were not promulgated, the result would be less certainty and less efficiency in the administration of the insurance programs established under chapter 40, Stats.
Statutory authority for rule-making:
S. 40.03 (2) (ig), Stats.
Staff time required:
The Department estimates that state employes will spend 20 hours to develop this rule.
Insurance, Commissioner of
Subject:
Section Ins 18.07 (5) (bg) -- Relating to HIRSP (health insurance risk-sharing plan) rate increase for fiscal year 1997-1998.
Description of policy issues:
A statement of the objective of the proposed rule:
By law rates are to be adjusted each fiscal year in accordance with plan experience, actuarial projections and statutory mandates. This proposed rule takes those factors into account to slightly raise rates for the subsidized HIRSP population.
A description of existing policies relevant to the rule and of new policies proposed to be included in the rule, and an analysis of policy alternatives:
This proposed rule seeks to raise some rates and leave others unchanged, according to established statutory procedures. No new policies will be implemented.
A statement of the statutory authority for the rule:
SS. 601.41 (3), 619.11, 619.14 (5) (a) and (e) and 619.15 (5), Stats.
An estimate of the amount of time state employes will spend to develop the rule and a description of other resources necessary to develop the rule:
25 hours
Public Instruction
Subject:
Chs. PI 3, 4 and 8 - Relating to teacher licensing and development.
Description of policy issues:
Rationale for proposed rule development:
Section 115.28 (7), Stats., requires the state superintendent of public instruction to license all teachers for the public schools and to make rules establishing standards of attainment for licensure. Licensing rules and rules for preparation of school personnel are continually updated.
The proposed rules will make changes relating to the following:
* Educational interpreters license renewal;
* General requirements for a license;
