Scope statements
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
Subject
Current rules require a land surveyor applicant applying with a degree in civil engineering of not less than four years duration from a college or university, to have only 12 credits in courses concentrating on land surveyor education.
Objective of the Rule. To require candidates who received a bachelor's degree in civil engineering of not less than four years duration from a college or university acceptable to the Land Surveyor Section to have at least 24 credits in courses concentrating on the legal principles of land surveying and the technical aspects of land surveying.
Policy Analysis
The proposed rule would revise s.
A-E 6.04 (2) (b) to require a candidate to complete core land surveying courses the Land Surveyor Section deems necessary as the minimal competency educational standard for the protection of the health, safety and welfare of the citizenry of Wisconsin.
Statutory Authority
Staff Time Required
100 hours
Employment Relations
Subject
Career executive program definition, and minor and technical rule changes.
Objective of the Rule. The rule will clarify that the career executive program includes positions assigned to a broadband pay structure with pay band definitions that no longer coincide with the language contained in the Administrative Code. These positions are covered by Section J of the state's compensation plan, as approved by the Joint Committee on Employment Relations. The ER rules modification should coincide with ER-MRS rules revisions necessary to clarify position transactions for this nonrepresented group of employees. Minor technical changes will also be made as necessary in the rules.
Policy Analysis
Section
230.24, Stats., describes the intent of the career executive program and authorizes the DER Secretary to provide policies and standards for classification and salary administration separate from procedures established for other employment. No changes to the statutes are necessary.
Significant expansion of the broadband flexible pay structure in accordance with the Compensation Plan now make necessary changes to ch.
ER 30 (Career Executive Employment) to complement those provisions.
Section
ER 30.02 provides that the DER Secretary shall determine the positions to be included in the career executive program, provided that the positions are predominantly administrative in nature and are allocated to a classification assigned to pay range 18 or above of pay schedule 01 or a counterpart pay range. The references to pay ranges in s.
ER 30.02 are obsolete.
Section
ER 30.065 also describes obsolete pay provisions.
Section
ER 30.09 references pay adjustments superseded by the Compensation Plan, Section J.
The Department also intends to make minor technical changes to other provisions of the rules as necessary.
Statutory Authority
Section
230.24, Stats., authorizes the Secretary of DER to establish a career executive program emphasizing excellence in administrative skills in order to provide agencies with a pool of highly qualified executive candidates, to provide outstanding administrative employees a broad opportunity for career advancement and to provide for the mobility of such employees among the agencies and units of state government for the most advantageous use of their managerial and administrative skills.
Staff Time Required
Estimated time to be spent by state employees--60 hours. No other resources are necessary.
Employment Relations—Merit Recruitment and Selection
Subject
Changes to ER-MRS rules governing career executive register establishment and certification, layoff, permissive three-month trial period upon movement between agencies, reinstatement, opt in/opt out provisions, and minor and technical rule changes.
Objective of the Rule. These rule changes will make career executive register establishment and certification consistent with s.
230.25, Stats., enacted in July 1998, which created flexible certification.
The rule change will also make career executive layoff rules consistent with ch.
ER-MRS 22, the rules for state civil service employees in general. This will again simplify and eliminate needless conflicts and complexity.
Other changes will make permissive probationary periods consistent with the rules for other civil service groups.
The rule change will remove the five-year limitation for career executive employee reinstatement.
The rule change will eliminate the option of an incumbent to a position which is placed in the career executive program to elect out of the program.
Minor technical changes will also be made as necessary in the rules.
Policy Analysis
Sections
ER-MRS 30.03 and
30.05 govern career executive register establishment and certification. Currently, no more than the 10 highest-ranking candidates on an internal register and up to the 10 highest-ranking candidates on an external register can be provided to hiring managers for interview even though an agency might wish to interview more candidates. In addition, there is no provision for Veteran's Preference in the current career executive rules.
Section
ER-MRS 30.105 (2) requires an appointing authority to treat all career executive employees in the agency or employing unit as a single group for layoff purposes. This rule was adopted when there were relatively few career executive incumbents. The state's new broadband compensation system increased the number of career executives to about 1600 working in many different job groups. The diverse functional areas for which they are responsible require layoff procedures for career executives to conform to ch.
ER-MRS 22 which requires layoffs by job title or series.
Section
ER-MRS 30.06 (3) allows the appointing authority in the receiving agency to place a career executive employee on a three-month trial period after transfer between agencies. The trial period should be increased to six months to be consistent with the permissive probation period for transfers of other civil service employees between agencies.
The Administrator will amend s.
ER-MRS 30.11 (1) to change career executive employees reinstatement eligibility from the current five-year limitation to an unlimited time.
Currently an incumbent of a position which is placed in the career executive program has may or may not opt in to the program. The Administrator will eliminate the option. Incumbents of positions which are placed in the career executive program will become career executives.
The Administrator also intends to make minor technical changes to other provisions of the rules as necessary.
Statutory Authority
Section
230.24 (1), Stats., provides that the Administrator may develop and issue policies and standards for career executive recruitment, examination, probation, employment register control, certification, transfer, promotion, and reemployment.
Section
230.05 (5), Stats., grants the Administrator of the Division of Merit Recruitment and Selection general authority to promulgate rules on provisions for which the administrator has statutory responsibility.
Staff Time Required
Estimate time to be spent by state employees: 100 hours. No other resources are necessary.
Financial Institutions—Securities
Subject
Wisconsin Securities Law registration exemption rules involving capital formation by businesses.
Objective of the Rule. This series of rules is being promulgated both to make revisions to two existing Wisconsin Securities Law registration exemptions, and to create a new registration exemption, for use by securities issuers, including businesses, to raise investment capital from Wisconsin investors.
Policy Analysis
Existing and new policies contained in the proposed rules include:
1. Increase to $5 million (from the current $1 million) the maximum offering amount that can be raised from investors under the existing Wisconsin-Issuer-Registration-Exemption-by-Filing provision in s.
DFI-Sec 2.028 (4).
2. Expand the definition of “venture capital company" under the so-called “institutional investor" rules in s.
DFI-Sec 2.02 (4) (a) 3. b. to include a limited liability company.
3. Create a new transactional registration exemption rule in s.
DFI-Sec 2.02 (9) (n) pursuant to the authority under s.
551.23 (18), Stats., based upon the Model Accredited Investor Exemption developed by the North American Securities Administrators Association (“NASAA") that was adopted on April 27, 1997 by vote of the NASAA membership, including Wisconsin.
Statutory Authority
Staff Time Required
Estimated time to be spent by state employees to develop the rules--16 hours. No other resources are necessary.
Higher Educational Aids Board
Subject
Creation of ch.
HEA 13 relating to administration of teacher education loan program.
Objective of the Rule. Mandated by
1989 Wis. Act 31 and required for proper administration of program.
Policy Analysis
The
1997 Wisconsin Act 27 created s.
39.395 provides for loans to Wisconsin residents enrolled in the teacher education programs at the Milwaukee Teacher Education Center (MTEC). The Wisconsin Higher Educational Aids Board (HEAB) administers this program under s.
39.395. The student who receives the award must agree to teach in the Wisconsin school district operating under Chapter
119 of the Wisconsin State Statutes, First Class City School System. For each year the student teaches in an eligible school district, 50% of the loan is forgiven. If the student does not teach in an eligible district, the loan must be repaid at an interest rate of 5%. There will be provisions for a maximum award amount, an application process, loan forgiveness, terms of repayment, and deferment of loan repayment for borrowers.
Statutory Authority
Staff Time Required
Estimated hours of staff time - 30 hours
Higher Educational Aids Board
Subject
Creation of ch.
HEA 14 relating to administration of teacher of the visually impaired loan program.
Objective of the Rule. Mandated by
1989 Wis. Act 31 and required for proper administration of program.
Policy Analysis
The
1999 Wisconsin Act 629 created s.
20.005, provides for loans to Wisconsin residents enrolled at least part-time at an in-state or eligible out-of-state institution in a program that prepares the them to licensed as teachers of the visually impaired or as orientation and mobility instructors. The Wisconsin Higher Education Aids Board (HEAB) administers this program under s.
20.005. The statute sets a maximum award of $10,00 per year with an overall maximum of $40,000. The student who receives the award must agree to be a licensed teacher of the visually impaired or an orientation and mobility instructor in a Wisconsin school district, the Wisconsin Center for the Blind and Visually Impaired or a cooperative service agency. For each of the first 2 year the student teaches and meets the eligibility criteria, 25% of the loan is forgiven. For the third year, 50% is forgiven. If the student does not teach and/or does not meet the eligibility criteria, the loan must be repaid at an interest rate of 5%. The will be provisions for an application process, loan forgiveness, terms of repayment and deferment of loan repayment for borrowers.
Statutory Authority
Staff Time Required
Estimated hours of staff time - 30 hours
Law Enforcement Standards Board
Subject
Section
LES 2.02 (7) (b) relating to release of records pertaining to pre-employment drug tests for law enforcement, tribal law enforcement, jail and secure detention officers.
Objective of the Rule. The objective of intended rule making is to amend rules to authorize the release of pre-employment drug test results to current employers of law enforcement, tribal law enforcement, jail and secure detention officers.
Policy Analysis
Current rules of the Law Enforcement Standards Board authorize release of pre-employment drug test results to the Board; to a prospective employing agency; to the applicant; by lawful order or a court; or, when the applicant provides written permission for release of results.
Omitted from current rules is release of pre-employment drug test results to a current law enforcement, tribal law enforcement, jail or secure detention employer.
Statutory Authority
Staff Time Required
An Administrative Officer and a Program Assistant will require no more than 120 combined hours to develop and to promulgate the proposed rule.
Law Enforcement Standards Board
Subject
Chapter
LES 3 relating to basic training of law enforcement officers.
Objective of the Rule. The Law Enforcement Standards Board is authorized by s.
165.85 (3) (b) Wis. Stats. to establish minimum basic training standards for law enforcement officers.
It believes from results of strategic planning and from other evaluations of requirements for basic training that the current 400-hour standard needs to be improved.
The Board proposes to amend its rules to improve the responsiveness and instructional effectiveness of law enforcement basic training.
Policy Analysis
The current 400-hour basic training curriculum was established in 1990. It is apparent to the Board, from advice it receives from law enforcement administrators, officers, instructors and training coordinators that the curriculum is not responsive to modern law enforcement trends and improvements in instructional concepts and technology.
The Board proposes to evaluate recommendations it receives from its curriculum advisory committee under guidelines established by s.
165.85 (3)(d) Wis. Stats. to assure the effectiveness of basic training.
Statutory Authority
Staff Time Required
480 hours of state employee time plus the time provided by the 13 members of the curriculum advisory committee to the Law Enforcement Standards Board. The advisory committee will meet on at least 5 occasions to form a recommendation to the Board and to attend meetings of the Board. The advisory committee consists of 6 Sheriffs, 6 Chiefs of Police and the Director of Training at the Wisconsin State Patrol Academy.
Law Enforcement Standards Board
Subject
Chapter
LES 2 relating to pre-employment drug testing of law enforcement, jail and secure detention officers.
Description of objective(s): The Law Enforcement Standards Board requires applicants for employment as law enforcement, jail or secure detention officers to submit to pre-employment drug testing. Under s.
LES 1.03 (4), Wis. Adm. Code, laboratories that conduct urine analyses must be approved by the United States Department of Health and Human Services (USDHHS).
The Board proposes to evaluate alternative drug testing procedures to determine if the expense of tests can be reduced and timeliness of tests can be improved.
Policy Analysis
The Board is aware of drug tests approved by the United States Food and Drug Administration that, when compared with tests approved by the USDHHS, are less expensive and can be administered with less procedural difficulty.
It proposes to evaluate alternatives to the USDHHS approved tests to determine if the expense and procedures of drug testing can be improved while maintaining current standards for detecting drug abuse.
Statutory Authority
Staff Time Required
240 hours
Law Enforcement Standards Board
Subject
Chapter
LES 6 relating to decertification of law enforcement, jail or secure detention officers.
Description of objective(s): The Law Enforcement Standards Board is authorized by s.
165.85 (3) (cm) Wis. Stats. to decertify law enforcement, jail and secure detention officers ``...who violate or fail to comply with a rule or order of the board relating to curriculum or training...." The Board follows decertification procedures established by s.
LES 6.03, Wis. Adm. Code.
The Board proposes to amend its rules to improve the timeliness and responsiveness of decertification procedures.
Policy Analysis
The Board has accumulated three years of experience in employing decertification procedures under s.
LES 6.03. It has found those procedures to be cumbersome, as they occur within its quarterly meeting schedule.
It proposes to evaluate alternatives, such as employment of hearing examiners, to improve its current, prolonged procedures.
Statutory Authority
Staff Time Required
120 hours
Law Enforcement Standards Board
Subject
Chapter
LES 6 relating to decertification of law enforcement, jail or secure detention officers.
Description of objective(s): The Law Enforcement Standards Board is authorized by s.
165.85(3)(cm) Wis. Stats. to decertify law enforcement, jail and secure detention officers ``...who violate or fail to comply with a rule or order of the board relating to curriculum or training...." The Board follows decertification procedures established by s.
LES 6.03 Wis. Adm. Code.
The Board proposes to amend its rules to clarify the consequence of decertification of an officer.
Policy Analysis
Current decertification rules create an opportunity for a decertified officer to be re-employed as an officer immediately following decertification. Decertified officers who are re-employed must meet employment and training standards determined by the Board.
The Board proposes to amend its rules to create a mandatory waiting period for re-employment of decertified officers.
Statutory Authority
Staff Time Required
120 hours
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board
Subject
To modify the rule regarding temporary certificates for social workers, s. SFC 3.13, to conform to a new procedure for computerized examination.
Objective of the Rule. Under current law, a social worker temporary certificate expires “9 months from date of issue of the temporary certificate, or release of the examination scores from the next available examination after the date of the application for the temporary certificate, whichever is earlier." Until recently, examinations were offered only a few times per year. Computerized examinations will soon be offered at any time. Under the current language, the maximum duration of a temporary certificate would be reduced to a few days, and the language must be changed to effect the purpose of the rule.
Policy Analysis
Changes due to improved technology, i.e., computerized testing, will vitiate the purpose of the existing rule regarding temporary certificates unless that rule is also changed to reflect the different testing technology.
Statutory Authority
Staff Time Required
80 hours
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board
Subject
To specify a minimum number of hours to be required in an internship performed by a holder of a Social Worker Training Certificate.
Objective of the Rule. Holders of social worker training certificates must complete either a human services internship or one year of supervised social work experience. Current law specifies no minimum duration for an internship. To assure the purposes of a training certificate are met, a minimum number of hours needs to be specified for internships.
Policy Analysis
Specifying a minimum number of hours for a human services internship will help to protect the public by ensuring that holders of social worker training certificates, who by definition are seeking to enter the social work profession without an adequate background, supplement their education and experience.
Statutory Authority
Staff Time Required
80 hours
Transportation
Subject
Chapter
Trans 195 establishes the Department of Transportation's administrative interpretation of several statutory provisions relating to fees and procedures for searching, verifying and certifying documentation contained in the records of the Division of Motor Vehicles. This rulemaking will amend ch.
Trans 195 to (1) remove any references to fees for driver records, while such fees for driver records shall continue to be set forth in the statutes; and (2) increase the fees for the search, verification and certification of (a) motor vehicle title and registration records and (b) other Division of Motor Vehicle records, excluding driver records.
Policy Analysis
The current fees for search, verification and certification of driver records, motor vehicle title and registration records, and other Division of Motor Vehicle records set forth in ch.
Trans 195 to $3.00. This rule making will remove any references to fees for driver records, and shall increase the fees for the search, verification and certification of motor vehicle title and registration records and other Division of Motor Vehicle records to $5.00.
Statutory Authority
Staff Time Required
20 hours.
Transportation
Subject
Policy Analysis
The rulemaking will clarify that functional classification maps maintained by the Department control which engineering design criteria apply to particular highways.
Statutory Authority
Staff Time Required
2 hours.
Workforce Development
Subject
Objective of the Rule. The objective of the rule is to specify a procedure by which the department will distribute federal and state child support incentive payments to counties.
Policy Analysis
The department will establish measures of agency performance, and county child support agencies will earn incentive payments based on individual agency performance under each measure. The performance measures will include paternity establishment percentage, support order establishment rate, collections on current child support, collections on arrears, and cost effectiveness. These performance measures are based on measures the federal Office of Child Support Enforcement uses in distributing incentive payments to states. The rule will allow child support agencies to earn the maximum available payment for each measure by performing either above a determined level or achieving incremental improvement above the preceding year's performance level. The incentive payments may be used only to fund costs under the counties' child support programs.
The department will consult with representatives of county child support agencies to develop this rule.
Statutory Authority
Staff Time Required
150 hours
