Effective Date:
August 1, 1997
Expiration Date:
December 30, 1997
EMERGENCY RULES NOW IN EFFECT
Department of Transportation
Rules adopted revising ch. Trans 300, relating to school buses.
Finding of Emergency
The Department of Transportation finds that an emergency exists and that a rule is necessary for the immediate preservation of the public safety. The amendments are needed to assure that school bus operators can purchase school buses manufactured using the latest in construction technology and providing equal strength and safety. Currently, there are estimated to be 60 buses on order by operators. Without this emergency rule, these buses could not be used in Wisconsin when the school year begins in August 1997. Therefore, schools will start using alternative vehicles (production vans) because of the unavailability of the smaller school buses built to the safer school bus standards.
Publication Date:
July 1, 1997
Effective Date:
July 1, 1997
Expiration Date:
November 29, 1997
Hearing Date:
August 26, 1997
Statements of Scope of Proposed Rules
Agriculture, Trade and Consumer Protection
Subject:
Chs. ATCP 29 and 30 - Relating to pesticide use and control.
Description of policy issues:
Preliminary objectives:
Regulate the use of pesticides containing the active ingredient Clomazone (Command herbicide) to reduce or eliminate off-target damage to plants.
Preliminary policy analysis:
Clomazone is the pesticide active ingredient contained in the pesticide manufactured and distributed by FMC Corporation as Command herbicide. Command is registered for use on soybeans, cotton, tobacco, peppers, pumpkins and peas. Clomazone is volatile and can drift from applications to non-target plants hundreds of feet from the application. Clomazone inhibits the formation of chlorophyll, causing non-target plants to turn light yellowish to white. While the damage is usually temporary, it has resulted in many complaints to the Department.
When a new formulation of Command was widely used in Wisconsin in 1997, the Department received 49 complaints of drift to non-target plants. These complaints comprised 25% of all pesticide complaints received by the Department in 1997. Department field staff report that these complaints represented only a fraction of the actual total number of Command drift incidents that occurred in 1997. In 1997, the damage encountered to non-target plants was also more severe and long-lasting than in prior years. The Department proposes to regulate the use of Command herbicide to reduce non-target damage associated with its use. The Department believes that regulation can prevent non-target damage without halting the use of this highly-effective herbicide.
Policy alternatives:
Do nothing. This will result in escalating complaints about non-target damage to plants from the use of Command. This takes resources away from other priority work of the Department. This would also result in heightened concerns on general pesticide use, as the damage is quite striking and highly visible. Indications are that the damage being observed now is more severe, and some plants may not recover.
Prohibit the use of pesticides containing Clomazone. Command is a very effective soybean herbicide. Using Command on a rotational basis with other soybean herbicides can help prevent weed and resistance problems. Most other soybean herbicides are ALS inhibitors. Command inhibits the formation of chlorophyll in susceptible plants. Reliance only on ALS inhibitors would speed the development of resistance in target weeds.
Rely on voluntary education and use changes. While voluntary education is desirable, the Department does not believe that it will adequately address product volatility problems encountered to date. Label changes proposed by the manufacturer may actually increase non-target damage and complaints.
Seek label changes at the Federal level. The Department is not a party to registration decisions. The Department can and has submitted a summary of our complaint investigations to EPA, but labeling decisions are a matter for resolution between the manufacturer and EPA.
Statutory authority:
The Department proposes to adopt these rules under authority of ss. 93.07 and 94.69, Stats.
Staff time required:
The Department estimates that it will use approximately 0.2 FTE staff time to modify this rule. This includes research, drafting, preparing related documents, coordinating advisory committee discussions, holding public hearings and communicating with affected persons and groups. The Department will use existing staff to develop this rule.
Barbering & Cosmetology Examining Board
Subject:
BC Code - Clarification of administrative rules relating to the practice of barbering and cosmetology.
Description of policy issues:
Objective of the rule:
Clarify and update administrative rules. Recommended changes relate to such issues as authority; form, style and placement of provisions in the code; conflicts or duplication of existing rules; the adequacy of references to related statutes, rules and forms; and clarity, grammar, punctuation and use of plain language. Create a provision to address the Americans With Disabilities Act. Also, provisions relating to passing scores of the licensing examinations, examination reviews and dishonest acts by examination candidates will also be amended.
Policy analysis:
The proposed changes focus primarily on the form, placement, clarity, grammar, punctuation, plain language and related issues. Clarify how passing scores on examinations are determined. Create a provision to address the Americans With Disabilities Act.
Statutory authority:
Sections 15.08 (5) (b) and 227.11 (2), Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
20 hours
Chiropractic Examining Board
Subject:
Chir Code - Relating to the practice of chiropractors.
Description of policy issues:
Objective of the rule:
To make modifications relating to statutory authority, form, style, placement, clarity, grammar, punctuation, plain language and related issues.
Policy analysis:
The proposed changes focus primarily on minor defects in the form, placement, clarity, grammar, punctuation and plain language of existing rules. Clarify how passing scores on examinations are determined. Expand the cheating policy relating to examinations. Eliminate the requirement of applications being notarized and instead include a penalty provision for applicants who falsify information or signatures on licensing applications. Eliminate the requirement of including pictures as part of an application, as pictures are no longer a useful check of personal identification. Testing services and Department proctors routinely require a picture ID, usually a driver's license, at the examination site. Also, include a provision to address the Americans With Disabilities Act.
Statutory authority:
Sections 15.08 (5) (b) and 227.11 (2), Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
20 hours
Dentistry Examining Board
Subject:
DE Code - Relating to the periodontal education required, in lieu of successfully completing a clinical periodontal examination, for dentists licensed in other states to qualify for a license in Wisconsin by endorsement.
Description of policy issues:
Objective of the rule:
The objective is to promulgate a permanent rule corresponding to an emergency rule adopted by the board on October 15, 1997. Prior to the emergency rule, a dentist licensed in another state applying for a Wisconsin license was required to successfully complete a clinical examination with a periodontal part to meet the requirement of having passed an examination “substantially equivalent to the clinical examination administered by the central regional dental testing service”, under s. DE 2.04 (1) (e), Wis. Adm. Code.
The emergency rule provides two additional means by which out-of-state dentists may meet the periodontal requirement through education. The first grants a regular dental license to an applicant who has taken continuing education programs or courses in periodontal procedures within the last 12 months. The second permits an applicant who has not met this prior education requirement to be granted a temporary license to practice dentistry in this state. The applicant then has 6 months to obtain the periodontal education and receive a regular license. Under both alternatives, the applicant is not required to successfully complete a clinical examination on periodontal procedures.
Policy analysis:
The Governor vetoed a provision in the budget bill which would have permitted dentists licensed in other states to obtain a license in Wisconsin, despite their not having passed a clinical licensing examination with a periodontal part. In doing so, the Governor requested the Board adopt an emergency rule to permit these dentists to obtain licenses in Wisconsin under other reasonable and appropriate methods. The concern for the public health, safety and welfare is that this state's citizens are currently being deprived of necessary dental services from qualified dentists who, themselves, are experiencing substantial and perhaps unnecessary hardship in becoming licensed in Wisconsin. These rules are required to assure that the public is not deprived of necessary dental services from qualified dental professionals and that adequate safeguards for protecting the health and safety of dental patients are part of the licensing process.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2), 447.02 (1) (e), and 447.04 (1) (b), Stats.
Estimate the amount of state employe time and any other resources which will be necessary to develop the rule:
8 hours.
Employment Relations
Subject:
Ch. ER 18 - Relating to sick leave accrual rate, catastrophic leave and other changes in leave provisions for nonrepresented state employes.
Description of policy issues:
Description of the objective of the rule:
The rule will increase the amount of sick leave earned by nonrepresented state employes. The rule will also amend provisions relating to the catastrophic leave program that permit nonrepresented classified state employes to donate certain types and amounts of leave credits to other classified nonrepresented state employes. Minor technical changes will also be made as necessary in ch. ER 18, which relates to absences.
Description of existing relevant policies and new policies to be included in the rule and analysis of policy alternatives:
Section 230.35 (2), Stats., provides that sick leave for state employes shall be regulated by the administrative rules of the Secretary of the Department of Employment Relations. Rules governing sick leave are located in s. ER 18.03, Wis. Adm. Code.
Section ER 18.03 (2) provides that sick leave credits accrue at the rate of .05 hour for each hour in pay status, not to exceed 4 hours in any biweekly pay period. An employe working full time (i.e. 80 hours in a biweekly pay period) would thus earn 104 hours of sick leave in one year, or 13 days.
The Department plans to promulgate a rule to increase the accrual rate for sick leave from .05 hour to .0625 hour for each hour in pay status, not to exceed 5 hours in any biweekly pay period. Thus, the annual earning rate for a full-time employe would increase to 16.25 days per year. This increase will match the increase in sick leave credits earned by represented state employes covered by certain collective bargaining agreements.
Section 230.35 (2r), Stats., allows the Secretary to establish by rule a catastrophic leave program. Current rules regarding catastrophic leave are found in s. ER 18.15, Wis. Adm. Code. Current rules allow a donor to donate leave credits only to nonrepresented employes within the same employing unit, except that donations may be made to recipients in different employing units in the same agency with the approval of the appointing authority. Similarly, a recipient may receive credits only from other nonrepresented employes within the same employing unit. The proposed rule would allow a donor to donate leave to, and allow a recipient to receive leave from, any eligible classified employe -- nonrepresented or represented -- within the same agency. Leave may also be exchanged with any eligible classified employe in another agency with the approval of each affected agency.
These changes are necessary because of changes made in the catastrophic leave programs contained in certain collective bargaining agreements for represented state employes.
The only alternative to these policy changes is to maintain the status quo in terms of sick leave accrual and catastrophic leave. However, this would provide inconsistent treatment for nonrepresented employes and prevent the donation and receipt of leave between represented and nonrepresented employes under the catastrophic leave program. It would also create greater administrative complexity because two different catastrophic leave programs would need to be maintained.
The Department also intends to make minor technical changes to other provisions of ch. ER 18 as necessary.
Statutory authority for the rule:
