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;
* Driver education license;
* Cognitive disabilities license;
* Speech and language license and program requirements;
* Assistive technology license;
* Human relations, relating to genocide, slavery and the Holocaust;
* Special education program requirements.
Describe the objective(s) of the proposed rule:
Educational interpreter: Amend s. PI 3.03 (2) (e), relating to educational interpreter license renewal criteria. This amendment would incorporate an educational interpreter performance assessment as a requirement for license renewal. Educational interpreters who work as oral or cued speech interpreters would be exempt from this renewal requirement.
General requirements for a license: Amend s. PI 3.05 (3m) (g), relating to special subject areas, special education and pupil services requirements pertaining to the general requirements to receive a license. This amendment would replace the requirement that applicants complete 6 semester credits in reading and language arts with a requirement that one discrete course be completed in reading and language arts.
Driver education: Amend s. PI 3.13, relating to driver education licenses. This amendment would allow the Department to take action on individuals holding a driver education license who do not maintain an acceptable driving record. This amendment would also add another option to the driver education license renewal criteria.
Cognitive disabilities: Amend s. PI 3.26, relating to mild or moderate cognitive disabilities licenses, and eliminate s. PI 3.27, relating to severely handicapped licenses. Current rules allow individuals holding a mild or moderate cognitive disabilities - 806 license to teach severely handicapped children but does not allow individuals holding a severely handicapped - 807 license to teach children with mild or moderate cognitive disabilities. This amendment would combine the two licenses into one comprehensive license covering the full range of severity of cognitive disabilities. Corresponding changes will be made to cognitive disability program requirements under ss. PI 4.65 and 4.66.
Speech and language: Amend s. PI 3.35, relating to speech and language pathology licenses. This amendment would eliminate redundancy, provide clarity, and consolidate rules so that they can be more easily read and understood. Corresponding changes will be made to the speech and language pathology program requirements under s. PI 4.78.
Assistive technology: Create s. PI 3.38 (3), relating to a license in assistive technology. This proposal would require specialized training in the applications of assistive technology to facilitate communication for students with exceptional educational needs. This proposal would also allow physical and occupational therapists, in addition to special education teachers, to receive such a license.
Human relations, relating to genocide, slavery and the Holocaust: Amend ss. PI 3.05 (2m) (a), 4.11 (2) and 8.01 (2) (L), relating to human relations and instruction requirements.
This amendment would:
☞ Require the study of human rights issues related to genocide, slavery and the Holocaust in order to receive a license to teach.
☞ Require a licensure program to require the study of human rights issues related to genocide, slavery and the Holocaust.
☞ Require instruction in human rights issues related to genocide, slavery and the Holocaust in grades 5-12.
Special education program requirements: Repeal and recreate subch. VII of ch. PI 4, relating to special education programs. Several minor amendments will be made to program areas relating to special education common rules, early childhood, emotional disturbance, hearing impaired, learning disabilities, cognitive disabilities, and speech and language to ensure that future special education teachers will be both available and adequately prepared to meet the challenges identified by the field. These changes are also based on the Department's evaluation of licensure programs made every five years. Most licensure programs have already amended their programs based on the Department's evaluation findings.
Describe policy alternatives:
Retain current rule language. This would not be advisable since the rules, in most cases, are being modified to provide for clarity and flexibility. Also, most of the rules have been modified by and reviewed by various task forces and study committees. All of the rules have been reviewed by the State Superintendent's Council on Teacher Education and Certification.
Statutory reference/authority:
S. 115.28 (7), Stats.
Estimate of the amount of time/staff resources necessary to develop rule:
The amount of time needed for rule development by Department staff and the amount of other resources necessary is indeterminable. The time needed in creating the rule language, itself, will be minimal; however, the time involved with guiding the rule through the required rule promulgation process is fairly significant. The rule process takes more than 6 months to complete.
Submittal of Rules to Legislative Council Clearinghouse
