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
