Expiration Date:
August 20, 2000
Hearing Date:
April 12, 2000
EMERGENCY RULES NOW IN EFFECT
Workforce Development
(Economic Support, Chs. DWD 11-59)
Rules adopted creating s. DWD 12.28, relating to Wisconsin works disregard of year 2000 census income.
Finding of Emergency
The Department of Workforce Development 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 facts constituting the emergency is:
The Department of Workforce Development is acting under its statutory authority to establish additional eligibility criteria and specify how eligibility criteria are to be administered for the Wisconsin Works (W-2) program. The department is promulgating a rule to exclude income earned from temporary employment with the U.S. Census Bureau in determining W-2 and child care eligibility and child care copayments. The rule will contribute to the welfare of the people of Wisconsin by broadening the pool of available workers to help ensure an accurate Census count, particularly in low-income neighborhoods. The rule must be effective immediately because temporary Census employment is expected to begin April 2000 and last two to six months. DWD will not be seeking a permanent rule on this issue.
Publication Date:
April 9, 2000
Effective Date:
April 9, 2000
Expiration Date:
September 6, 2000
Hearing Date:
May 15, 2000
EMERGENCY RULES NOW IN EFFECT
Workforce Development
(Prevailing Wage Rates, Ch. DWD 290-294)
A rule was adopted revising s. DWD 290.155, relating to the annual adjustment of thresholds for application of the prevailing wage rates for state or local public works projects.
Finding of Emergency
The Department of Workforce Development 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 facts constituting the emergency is:
The Department of Workforce Development is acting under its statutory authority to annually adjust thresholds for the application of prevailing wage laws on state or local public works projects. The thresholds are adjusted in accordance with any change in construction costs since the last adjustment. The last adjustment was by emergency rule in January 1999 based on construction costs in December 1998. The Department uses the construction cost index in the December issue of the Engineering News-Record, a national construction trade publication, to determine the change in construction costs over the previous year. The current construction cost index indicates a 2.3% increase in construction costs over the previous year. This increase in construction costs results in an increase in the threshold for application of the prevailing wage laws from $33,000 to $34,000 for single-trade projects and from $164,000 to $168,000 for multi-trade projects.
If these new thresholds are not put into effect by emergency rule, the old thresholds will remain effective for approximately six months, until the conclusion of the permanent rule-making process. Between January 1, 2000, and July 1, 2000, a single-trade project with a minimum estimated project cost of more than $33,000 but less than $34,000 or a multi-trade project with an estimated cost of more than $164,000 but less than $168,000 would not be exempt from the prevailing wage laws, as they would be if the emergency rule were promulgated. The threshold adjustments for application of the prevailing wage laws are based on national construction cost statistics and are unlikely to be changed by the permanent rule-making process. The Department is proceeding with this emergency rule to avoid imposing an additional administrative burden on local governments and state agencies.
Publication Date:
December 29, 1999
Effective Date:
January 1, 2000
Expiration Date:
May 30, 2000
Hearing Date:
February 28, 2000
Extension Through:
July 28, 2000
Statements of Scope of Proposed Rules
Dentistry Examining Board
Subject:
DE Code - Relating to retaking an examination, having failed more than three times.
Description of policy issues:
Objective of the rule:
The objective of the rule is to develop a rule that will outline a system of remediation for applicants who have failed an examination more than three times.
Policy analysis:
Current rules do not list a specific system of remediation for those applicants who have failed an examination more than three times. This rule-making does that.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2) and 447.04 (1) (a) 6. and (2) (a) 6., Stats.
Estimate of the amount of state employee time and any other resources that will be necessary to develop the rule:
80 hours.
Employe Trust Funds
Subject:
S. ETF 10.10 - Relating to clarifying the election procedures to be used to add a new member to the Employe Trust Funds Board as required pursuant to 1999 Wis. Act 181.
Description of policy issues:
Objectives of the rule:
The proposed rule is intended to clarify the election procedures to add a new member to the Employe Trust Funds Board.
Policy analysis:
1999 Wis. Act 181, effective June 2, 2000, added one new member to the Employe Trust Funds Board. The new member is a Wisconsin Retirement System (WRS) participant who is either a public school district educational support personnel employe or a technical college district educational support personnel employe. The new member is elected to the Employe Trust Funds Board with a term initially expiring on May 1, 2003.
Currently, s. ETF 10.10, pertaining to the Employe Trust Funds Board and Teachers Retirement Board elections, sets forth the election procedures of participating employes and annuitants to the Employe Trust Funds or Teachers Retirement Boards. The Code references elections held for all positions on either Board that are elected to that Board. Specifically, s. ETF 10.10 (1) references elections held for the following positions on either the Employe Trust Funds Board or the Teachers Retirement Board:
• An annuitant under s. 15.16 (1), Stats.;
• Six public school teachers under s. 15.165
(3) (a) 1., Stats.;
• A public school teacher from a technical college district under s. 15.165 (3) (a) 2., Stats.;
• An annuitant who was a teacher participant under s. 15.165 (3) (a) 6., Stats.; and
• A teacher in the city of Milwaukee under s. 15.165 (3) (a) 7., Stats.
Since the current Wisconsin Administrative Code does not include election procedures for the new member added to the Employe Trust Funds Board as required under 1999 Wis. Act 181, s. ETF 10.10 will need to be modified to include the addition of the new member under the current procedures for Board elections.
Policy alternatives to the proposed rule:
1999 Wis. Act 181 requires the addition of either a public school district educational support personnel employe or a technical college district educational support personnel employe to the Employe Trust Funds Board. The new member is required by law to be elected to the Employe Trust Funds Board by its participating members.
If the rule is not revised, the result would be uncertainty in the proper procedures used to elect the new member to the Board. This clarification is necessary so participating employes of educational support personnel for the public school districts and technical college districts are fully aware of the procedures to elect a member to the Employe Trust Funds Board.
Statutory authority for rule-making:
Section 40.03 (1) (m) and (2) (i), Stats.
Staff time required:
The Department estimates that state employes will spend 10 hours to develop this rule.
Professional Geologists, Hydrologists and Soil Scientists Examining Board
Subject:
GHSS Code - Relating to the rules committee.
Description of policy issues:
Objective of the rule:
The objective of the rule is to authorize the Board to form a rules committee. The Board may currently approve and adopt rules proposed by any section of the Board. A rules committee would better enable the Board to develop and refine rules proposed by the sections of the Board. This would meet the objective of standardizing the rules development process between the sections of the Board and provide for greater efficiency.
Policy analysis:
The proposed rule would consist of two sections. The first section would permit the Board to approve and adopt rules proposed by any section of the Board. The second section would define the composition of a rules committee and provide that the rules committee shall act for the Board in rule-making proceedings, except for final rule adoption.
Statutory authority:
Sections 15.08 (5) (b), 15.405 (2m) and 227.11 (2) and ch. 470, Stats.
Estimate of the amount of state employee time and any other resources that will be necessary to develop the rule:
100 hours.
Hearing and Speech Examining Board
Subject:
HAS Code - Relating to examination requirements, definitions and technical corrections.
Description of policy issues:
Objective of the rule:
The objective of the rule is to:
• Create a provision for an examination equivalency;
• Create a definition of “assist in the practice" relating to unlicensed individuals;
• Create a definition of “supervision" relating to temporary licensees; and
• Clarity, grammar, punctuation and use of plain language.
