11. Provides that an offender's probation or parole may not be revoked based solely on a finding of deception as disclosed by a lie detector test.
12. Identifies the circumstances under which the department may disclose information regarding the lie detector tests or the information derived from the lie detector examination process.
13. Provides that the department may not use the lie detector examination process as a method of punishment or sanction.
14. Provides that an offender shall pay the costs of the lie detector test and a $5.00 administrative fee with each payment. The cost of the lie detector test may vary depending on the type of test used.
15. Establishes procedures for the collection of lie detector fees.
16. Provides for sanctions for an offender's failure to pay the lie detector fees.
17. Provides the criteria for lie detector fee deferrals.
18. Provides for the reporting and notice to the offender when payment of lie detector fees is not received.
The order provides for including the rules for the lie detector program in the same chapter of the Wisconsin Administrative Code, ch. DOC 332, as the rules for registration and community notification of sex offenders, which were published as emergency rules on June 1, 1997.
Publication Date:
December 15, 1997
Effective Date:
December 15, 1997
Expiration Date:
May 15, 1998
EMERGENCY RULES NOW IN EFFECT
Dentistry Examining Board
A rule was adopted revising s. DE 2.04 (1) (e), relating to examination requirements for applicants licensed as dentists in other states.
Finding of Emergency
These rules are promulgated under s. 227.24 (1) (a), Stats. 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 put into effect prior to the time they would be effective under routine rulemaking procedures 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.
Publication Date:
October 18, 1997
Effective Date:
October 18, 1997
Expiration Date:
March 18, 1997
Hearing Date:
January 7, 1998
EMERGENCY RULES NOW IN EFFECT
Department of Employment Relations
Rules were adopted revising ch. ER 18, relating to sick leave credits, the adjustment of sick leave balances for state employes and catastrophic leave.
Finding of Emergency
The Department of Employment Relations finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
It is the state's personnel policy to maintain a uniform system of fringe benefits for state employes in terms of retirement, insurance and leave provisions. This policy is followed in order to facilitate movement of employes between agencies and different types of positions, to minimize the number of benefit systems that must be administered by personnel and payroll staff and to ensure employe equity in benefits. Two of the benefits available to most state employes are sick leave and catastrophic leave. Catastrophic leave programs allow the donation of certain types of unused leave to employes who are on an unpaid leave of absence because they have exhausted their available leave due to a catastrophic need.
The sick leave accrual rate for represented state employes is governed by the applicable collective bargaining agreement. Likewise, provisions regarding catastrophic leave are contained in the agreements. For nonrepresented state employes, the sick leave accrual rate and catastrophic leave are governed by administrative rules promulgated by the secretary of the Department of Employment Relations. Under current administrative rules and all of the 1995-97 collective bargaining agreements, employes earn sick leave at the identical rate of 4 hours per pay period for full-time employes. Under current agreements, catastrophic leave may be exchanged between employes only within bargaining units in the same employing unit, except that the appointing authority may allow exchange between employing units within the same agency. The catastrophic leave program in the current administrative rules for state employes allows exchange of leave only between nonrepresented employes within the same employing unit, except that the appointing authority may allow exchange within an agency.
The Department of Employment Relations recently negotiated new contracts with 11 bargaining units representing the majority of state employes. These contracts will increase the sick leave accrual rate for the covered represented employes and expand the exchange of catastrophic leave for represented employes. The sick leave accrual rate will increase from 4 to 5 hours per pay period for full-time employes, starting on the effective date of the contracts. (Sick leave balances for individual employes also will be adjusted on the effective dates of the contracts to apply the higher accrual rate to hours worked between July 6, 1997 and the effective date of the contracts.) The contracts also expand the catastrophic leave programs to allow exchange of leave between members of different bargaining units, between different employing units within the same agency and between represented and nonrepresented employes. Leave may also be exchanged across agency lines with the approval of each agency.
Without a change in the administrative rules, nonrepresented employes will not receive the increased sick leave, nor will they have the same broadened opportunities to donate and receive catastrophic leave as represented employes.
If the sick leave accrual rate for nonrepresented employes is not increased by this emergency rule, nonrepresented employes will accrue sick leave at a lower rate than those covered by collective bargaining agreements which provide a higher rate. This inconsistency will have the following negative impacts on state employes and agencies: (1) it will create inequitable treatment and morale problems between state employes; (2) it will discourage transfers and promotions by employes from represented to nonrepresented positions; and (3) it will require administration of two different sick leave accrual rates.
If the exchange of catastrophic leave is not broadened, nonrepresented employes will not be able to donate leave to or receive leave from represented employes, or to and from nonrepresented or represented employes in other agencies. Thus, there will be less opportunities for employes who face a catastrophic need to receive donated leave from other employes.
In order to avoid these negative consequences, the Department finds that there is an emergency affecting the public peace, health, safety or welfare. The Department further finds that it is necessary to provide the higher sick leave accrual rate and expanded catastrophic leave to nonrepresented state employes as soon as possible through an emergency rule.
Publication Date:
October 11, 1997
Effective Date:
October 12, 1997
Expiration Date:
March 12, 1998
Hearing Date:
December 15, 1997
EMERGENCY RULES NOW IN EFFECT (3)
Insurance
1. A rule was adopted revising s. Ins 18.07 (5) (b), relating to a decrease in premium rates for the Health Insurance Risk-Sharing Plan (HIRSP), effective January 1, 1998.
Exemption From Finding of Emergency
Pursuant to s. 619.14 (5) (e), Stats., the Commissioner is not required to make a finding of an emergency to promulgate this emergency rule.
Analysis Prepared by the Office of the Commissioner of Insurance
January 1, 1998 Premium Adjustments
The Commissioner of Insurance, based on the recommendations of the Health Insurance Risk-Sharing Plan (“HIRSP”) board, is required to set the annual premiums by rule. The rates must be calculated in accordance with generally accepted actuarial principles. This rule adjusts the non-subsidized premium rates effective January 1, 1998. This change in rates will result in a reduction of approximately 14.5%, and is mandated by plan financing changes in 1997 Wis. Act 27.
Publication Date:
November 20, 1997
Effective Date:
January 1, 1998
Expiration Date:
May 31, 1998
Hearing Date:
December 30, 1997
2. Rules adopted revising s. Ins 2.14 and amending s. Ins 2.16 (1) & (3) (a) 2., Wis. Adm. Code, relating to life insurance solicitations.
Finding of Emergency
Effective January 1, 1998 Wisconsin will adopt the National Association of Insurance Commissioners Life Illustrations Model Regulation as s. Ins. 2.17 Wis. Adm. Code. These changes are needed to adapt other rules pertaining to life illustrations to s. Ins. 2.17. These changes must be made by emergency rule to synchronize with s. Ins. 2.17.
The main changes proposed to s. Ins 2.14 include:
· Eliminating the requirement that a policy summary be provided at delivery, if a basic illustration was provided.
· Eliminating the requirement that cost indexes be shown on the policy summary.
· Prohibiting insurers from illustrating anything except guaranteed policy elements on the policy summary, and requiring that values be illustrated for years 1-20 and at least one year between age 60 and 65, or maturity, whichever is earlier.
· Requiring that only guaranteed elements be used in the calculation of cost comparison indexes. As a result, the formulas for calculating the net payment cost index and the surrender cost index have been revised and any reference to the equivalent level annual dividend has been deleted from the rule.
· Requiring that insurers use the latest published version of the NAIC Life Insurance Buyer's Guide.
The main changes proposed to s. Ins 2.16 include:
· Excluding the illustration as defined in s. Ins. 2.17 from the definition of an advertisement.
· Revising the purpose of the rule to indicate that the rule is in addition to, and not a substitute, for s. Ins 2.17.
Publication Date:
December 10, 1997
Effective Date:
January 1, 1998
Expiration Date:
June 1, 1998
3. Rules were adopted amending s. Ins 18.07 (5) (b), published as an emergency rule relating to a decrease in premium rates for the health insurance risk-sharing plan under s. 18.07 (5) (b), and correcting errors in the published rate table.
January 1, 1998 Premium Adjustment Correction
The Commissioner of Insurance, based on the recommendation of the Health Insurance Risk-Sharing Plan (HIRSP) board, is required to set the annual premiums by rule. The rates must be calculated in accordance with generally accepted actuarial principles. An emergency rule, already promulgated and published, adjusts the non-subsidized premium rates effective January 1, 1998. This emergency amendment corrects 4 errors in the published rate table.
Exemption From Finding of Emergency
Pursuant to s. 619.14 (5)(e) Stats., the commissioner is not required to make a finding of an emergency to promulgate this emergency amendment to an emergency rule.
Publication Date:
December 12, 1997
Effective Date:
January 1, 1998
Expiration Date:
June 1, 1998
EMERGENCY RULES NOW IN EFFECT (2)
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
1. Rule adopted creating s. NR 27.07, relating to notice of receipt of an application to incidentally take an endangered or threatened species.
Exemption From Finding of Emergency
1995 Wis. Act 296 establishes authority in the department of natural resources to consider applications for and issue permits authorizing the incidental take of an endangered or threatened species while a person is engaged in an otherwise lawful activity. Section 29.415 (6m) (e), Stats., as created, requires the department to establish by administrative rule a list of organizations, including nonprofit conservation groups, that have a professional, scientific or academic interest in endangered species or in threatened species. That provision further provides that the department then give notification of proposed takings under that subsection of the statutes to those organizations and establish a procedure for receipt of public comment on the proposed taking.
The proposed rule lists a number of organizations the department is familiar with as being interested in endangered and threatened species; a notification procedure to be used to notify them, and others, of a proposed taking; and a public comment procedure to be used for consideration of public comments. The notification procedure is not limited to mail distribution, but is broad to allow other forms of notification, such as electronic mail.
Publication Date:
November 18, 1996
Effective Date:
November 18, 1996
Expiration Date:
See section 12m, 1996 Wis. Act 296
Hearing Date:
January 14, 1997
2. A rule was adopted revising s. NR 45.10 (3) and (4), relating to reservations on state parks, forests and other public lands and waters under the Department's jurisdiction.
Exemption From Finding of Emergency
1997 Wis. Act 27, section 9137 (1) authorizes the department to promulgate these rules without a finding of emergency under s. 227.24, Stats.
Summary of Rules:
1. Creates a process for accepting telephone reservations for department camp sites.
2. Establishes time frame for making reservations.
