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.

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.

Sections 15.08 (5) (b) and 227.11 (2)

100 hours

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.

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.

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.

Estimated time to be spent by state employees--60 hours. No other resources are necessary.

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.

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.

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.

Estimate time to be spent by state employees: 100 hours. No other resources are necessary.

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.

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.