Scope statements
Commerce
Subject
Ch.
Comm 62, relating to automatic fire sprinkler systems for student housing facilities.
Policy analysis
Objective of the rule. In accordance with s.
101.14 (4) (b) 3., Stats., and the provisions under
2005 Wisconsin Act 78, the Department of Commerce has the responsibility to promulgate rules requiring the installation of automatic fire sprinkler systems in various student housing facilities serving colleges and universities. The rules are to reflect statutory mandates requiring the installation of automatic fire sprinkler systems in certain existing facilities, specifically housing facilities greater than 60 feet in height and sororities, fraternities and similar housing, within specific timeframes. The rules are to require automatic fire sprinkler systems in any new student housing facilities.
Policy issues. Under the authority of s.
101.02 (1) and
(15), Stats., the Department of Commerce has the responsibility to establish standards for the design and construction of public buildings and places of employment in order to protect public health, safety and welfare. The Department fulfills this responsibility by promulgating the Commercial Building Code, chapters Comm 61 to 65. Previous legislation under s.
101.14 (4) (b) 3., Stats., effective in 2000, mandated the installation of automatic fire sprinkler systems for certain types of housing within the University of Wisconsin System. The rules are to make permanent emergency rules that reflect statutory mandates, therefore, no policy alternatives are available.
Statutory authority
Staff time required
The Department estimates approximately 80 hours will be needed to develop the rule revisions. This time includes drafting the revisions and processing the changes through public hearings, legislative review, and adoption. The Department will assign existing staff to develop the rule revisions. No additional resources will be needed.
Entities affected by the rule
The proposed rules would affect any university, college, organization or entity that owns and operates student housing facilities including the following:
• Dormitories.
• Sororities and fraternities.
• Private student residential buildings.
Comparison with federal regulations
There are no existing or proposed federal regulations that address or impact the activities to be regulated by this rule.
Elections Board
Subject
Ch. ElBd 3, relating to the procedure for the administration of voter registration throughout the State of Wisconsin.
Policy analysis
Objective of the rule. To implement the requirements of the Help America Vote Act and the plan adopted by the State Elections Board to implement the Help America Vote Act and the legislature's directive in s.
6.26, Stats., that the board shall, by rule, prescribe procedures “to promote increased registration of electors consistent with the needs of municipal clerks and boards of election commissioners to efficiently administer the registration process."
Because ch. ElBd 3 consists of one rule, ElBd 3.02, which is out-dated and not consistent with the current registration system, that rule needs to be repealed and replaced with new rules that establish the current registration procedures.
Policy issues. Registration of voters in Wisconsin has been conducted by municipal clerks and municipal boards of election commissioners and has been required only for electors residing in municipalities having a population greater than 5,000 persons. As a result of
2003 Wisconsin Act 265, registration is required for all electors in the State of Wisconsin and a system of statewide voter registration is required to be established and maintained by the state elections board. Rules are necessary to provide direction to the election officials who administer registration. The scope of this rule includes the components of voter registration
The Elections Board's current rule administering registration, ElBd 3.02 has been superceded by the requirements of the new system of voter registration. The proposed new policies establish a system of statewide voter registration that is administered by both municipal clerks and boards of election commissioners and also by the state elections board. The proposed registration rules will establish the procedures for and requirements of the new system of voter registration and will include the training and appointment of special registration deputies to facilitate statewide voter registration.
Statutory authority
Staff time required
35 - 45 hours of staff time
Entities affected by the rule
The rule will affect not only voters who seek to register to vote in Wisconsin, but also municipal clerks, boards of election commissioners and special registration deputies who are, or become, responsible for registering those voters.
Comparison with federal regulations
Statewide voter registration and the system to implement statewide voter registration emanates from the federal Help America Vote Act.
2003 Wisconsin Act 265, is part of the plan to implement that act. Under that legislation, registration is required for all electors in the State of Wisconsin and a system of statewide voter registration is required to be established and maintained by the State Elections Board. The proposed rules are part of the Board's plan and the state's compliance with the federal law.
Elections Board
Subject
ElBd 7.03 (2), relating to requiring vendors to identify those portions of the software that are specifically used to count and tabulate votes.
Policy analysis
Objective of the rule. To amend the rules governing the escrow, with the State Elections Board or other Escrow Agent, of the software or source code for software, prior to the Board's approval for sale and use in Wisconsin elections of voting equipment that uses that software or source code.
Policy issues. Under s.
5.91, Stats., “No ballot, voting device, automatic tabulating equipment or related equipment and materials to be used in an electronic voting system may be utilized in this state unless it is approved by the
[Elections] board." Also, “the board may revoke its approval of any ballot, device, equipment or materials at any time for cause." The statute further provides that “ No such ballot, voting device, automatic tabulating equipment or related equipment or material may be approved unless it fulfills . . .
[certain] requirements" that are spelled out in subsections (1) through (18) of s.
5.91, Stats.
One of the Elections Board's rules, s. ElBd 7.03 (2) of the Wis. Adm. Code provides that “a copy of the programs, documentation and source code used for any election" shall be placed in escrow with an agent designated by the Elections Board. The new rule will require vendors to identify those portions of the escrowed software that are specifically used to count and tabulate votes.
Statutory authority
Staff time required
At least 20 hours of state employees' time.
Entities affected by the rule
The rule will affect all businesses that manufacture and sell voting equipment and will also affect political or public interest organizations that are involved in voter ballot accessibility issues.
Comparison with federal regulations
Although federal does not dictate what voting equipment may be used in state elections, the Help America Vote Act (HAVA) has mandated that each polling place being used in an election at which candidates for federal office are on the ballot must have at least one piece of voting equipment that is accessible to persons with disabilities. In many instances, compliance with that requirement has dictated the use of an electronic voting system. Assuring the security of those systems, by assuring that the vote-counting and tabulating components have been escrowed is the primary purpose of the rule.
Employee Trust Funds
Subject
The subject of the proposed rulemaking concerns the eligibility criteria to receive a disability annuity under
Wis. Stats. s.
40.63, or long-term disability insurance benefit under
Wis. Admin. Code ch.
50, specifically concerning whether the employee must actually terminate participating employment in the Wisconsin Retirement System.
Policy analysis
At present, the Department of Employee Trust Funds interprets
Wis. Stats. ss.
40.22 (26) and
(46),
40.23 (1) (a) and
40.63 (1) (intro.) and
(c),
(8) (intro.) and
(f) to permit a disabled employee, who is on a leave of absence and not expected to return to service, to file an application for a disability annuity benefit. However, actual termination of employment is necessary in order for disability annuity payments to commence.
This rulemaking is prompted by an internal review of the current policy following requests from the American Federation of State, County and Municipal Employees-Council 24, the Wisconsin Education Association Council and several local government employers and employee representatives. These parties have indicated that disabled employees who are not expected to return to service should be allowed remain on leave of absence and thereby continue to receive benefits provided by their employer, such as health insurance, while simultaneously receiving monthly disability annuity payments from the Wisconsin Retirement System.
The rule-making will address the status of future disability annuitants with regard to the Wisconsin Retirement System and other fringe benefits under ch.
40 of the statutes. Employer participation in these benefits plans varies from program to program. For example, if a disabled employee is deemed to have terminated employment for all ch.
40 purposes, the effect on that person's health insurance and premiums would vary depending on whether the employer participated in the Group Insurance Board's health insurance under ch.
40 or if the employer offered other health insurance.
Long-term disability insurance (LTDI) benefits replaced disability annuity benefits for employees not continuously employed since before October 16, 1992. Under
Wis. Admin. Code s.
ETF 50.54 (2) (b), LTDI benefits are already available for employees on leave of absence. This rule-making will conform the eligibility criteria regarding termination of employment for both LTDI and disability annuities.
