1. Definitions for the terms “applicant," “client," “controlling person," “department," “electronic record," “electronic signature," “professional employer group," “professional employer organization" and “registrant."
2. Application requirements for initial and renewal registrations, including requirements for limited and alternative registrations and verification of the financial capability of applicants.
3. Grounds for discipline of professional employer organizations and groups.
Comparison with federal regulations
There is no existing or proposed federal regulation that relates to the regulation of professional employer organizations or groups.
Comparison with rules in adjacent states
Iowa:
Iowa has no specific professional employer organization license required.
Illinois:
A license is required from the Division of Insurance to operate a professional employer organization under the Employee Leasing Company Act s215.113 (ILCS). Professional employer organizations are known as employee leasing companies.
Michigan:
Michigan has no specific professional employer organization license required.
Minnesota:
Professional employer organizations must register with the Department of Commerce relating to their ability to sponsor workers' compensation insurance policies under s79.255 (MN Stats.).
Summary of factual data and analytical methodologies
Small and medium sized businesses outsource to professional employer organizations everything from administering the payroll and paying employment related taxes, to risk management, recruiting, providing health benefits and securing workers' compensation coverage according to the National Association of Professional Employer Organizations (NAPEO), the leading trade association for the profession, who also report that about 700 professional employer organizations are operating in 50 states; the average client of NAPEO members is a small business with an average of 19 employees; and larger businesses are signing up more and more.
Analysis and supporting documents used to determine effect on small business
According to statistics provided by NAPEO, between 1980 and 2000, the number of labor laws and regulations grew by almost two-thirds according to the federal Small Business Administration, which also estimated that owners of small and mid-sized businesses spent up to 25% of their time on employment-related paperwork. Professional employer organizations assume much of that responsibility and helps companies comply with all the related regulations. Additional statistics indicate that professional employer organizations provided enhanced access to employee benefits for 2-3 million working Americans because of the savings and benefits they provide to small businesses. Further, because the average client of NAPEO's member professional employer organizations has only 19 worksite employees, without professional employer organization relationships, NAPEO member employees would not have protection under COBRA, ADA or the FMLA. NAPEO also reports that professional employer organizations help tens of thousands of companies provide benefits such as health care plans, 401K tax-free savings accounts and other perks to working Americans. An estimated 95 percent of workers in a professional employer organization arrangement have access to a pension plan, and workers with access to a 401K dropped from 28 percent to 19 percent. Lastly, NAPEO indicates that professional employer organizations help improve the work environment and make it safer in that they focus on workplace risk management, safety programs and good human resources practices. Professional employer organizations arrange coverage for workers' compensation with major insurance carriers and manage the claims as well.
Small Business Impact
These proposed rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats.
The Department's Regulatory Review Coordinator may be contacted by email at larry.martin@ wisconsin.gov, or by calling 608-266-8608.
Fiscal Estimate
The department estimates that this rule will require staff time in the Office of Legal Counsel, Division of Management Services, Division of Board Services, and the Division of Professional Credentialing. The total one-time salary and fringe costs are estimated at $45,466. The total on-going salary and fringe costs are estimated at $29,340 with supplies and services costs of $12,500.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Agency Contact Person
Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0495; email at pamela.haack@ wisconsin.gov.
Notice of Hearing
University of Wisconsin System
NOTICE IS HEREBY GIVEN that pursuant to ss.
36.11 (1),
(2), and
(8), and
36.35, Stats., the Board of Regents of the University of Wisconsin System will hold a public hearing to consider the proposed revision to Chapter
UWS 18, relating to student nonacademic misconduct, and conduct on land under the control of the Board of Regents.
Hearing Information
Date: March 5, 2009 (Thursday)
Time: 7:00 P.M.
Location: Room 280, Zelazo Center
UW-Milwaukee campus
2419 E. Kenwood Boulevard
Milwaukee, Wisconsin
Persons with disabilities requesting an accommodation to attend are asked to contact Judith Temby in advance of the hearing at (608) 262-2324.
Copies of Proposed Rule
Copies of the text of the rule may be obtained at no charge from the Office of the Board of Regents, 1860 Van Hise Hall, 1220 Linden Drive, Madison, Wisconsin 53706 or on the internet at
http://www.wisconsin.edu/admincode.
Submission of Written Comments
Comments may be submitted to: Jane S. Radue, Assistant Director, UW System Office of Operations Review and Audit; 780 Regent Street, Suite 210, Madison, WI 53715, E-mail:
jradue@uwsa.edu. The deadline for written comments is 4:30 p.m. on March 13, 2009
.
Analysis Prepared by the Board of Regents of the University of Wisconsin System
Statutes interpreted
Statutory authority
Explanation of agency authority
Sections
36.11(1),
(2), and
(8) give the Board of Regents police power over all property owned by the Board, and authority to adopt rules regulating conduct and parking on university lands. Section
36.35, Stats., authorizes the Board and its designees to discipline students for misconduct, and directs the Board to promulgate rules governing student conduct and procedures for the administration of violations.
Related statutes or rules
None.
Plain language analysis
As a result of a recent review of ch.
UWS 17, relating to student nonacademic misconduct, the board is considering changes in the rules to address issues on campuses and in the broader university community that have arisen since the rules were last significantly revised in May 1996. Specifically, some conduct, such as hazing, falsification of ID cards, and illegal use of alcohol or controlled substances, is not adequately addressed in the current rule. The availability of electronic communications may improve and streamline notice and communication during the disciplinary process by allowing certain notifications to occur electronically rather than by personal delivery or first-class mail as currently provided. In addition, it is also desirable to clarify at this time certain terms in the provisions relating to disciplinary sanctions for nonacademic misconduct, including situations in which the misconduct occurs away from the campus but which adversely affects a substantial university interest. The proposed rule also seeks to improve the effectiveness of the disciplinary hearing process, while preserving and protecting students' due process rights.
Chapter
UWS 18 addresses operation of motor vehicles, parking, and other conduct on land under the control of the Board of Regents. The board proposes several amendments to better organize the chapter, and to clarify the scope of prohibitions related to particular kinds of conduct on campus, such as bicycle riding, selling and soliciting goods and services, smoking within 25 feet of residence halls, using sound-amplifying equipment, and using computers. In the proposed rule, prohibitions on certain types of conduct are grouped according to categories that will make the rule easier to read and understand.
Comparison with federal regulations
There is no existing or proposed federal regulation for summary and comparison.
Comparison with rules in adjacent states
Public universities in Illinois, Iowa, Michigan, and Minnesota each have administrative policies relating to student non-academic misconduct and conduct on property under the control of the university.
Summary of factual data and analytical methodologies
There were no factual data or analytical methodologies used to develop the proposed rules.
Analysis and supporting documents used to determine effect on small business
The proposed rules affect only faculty, staff, and students of the University of Wisconsin System, and other persons using University of Wisconsin lands. They have no effect on small business.
Small Business Impact
The proposed rules will have no effect on small business.
Fiscal Estimate
The proposed rules will have no fiscal effect.
Agency Contact Persons
Anne E. Bilder, Senior System Legal Counsel
UW System Administration - 1850 Van Hise Hall
1220 Linden Drive
Madison, Wisconsin 53706
Telephone: (608) 265-3094
Jane S. Radue, Assistant Director
Office of Operations Review and Audit
UW System Administration
780 Regent Street — Suite 210
Madison, Wisconsin 53715
Telephone: (608) 263-4396
