1. Substantive changes
Fringe benefits to apprentices. The proposed rule requires a consistent method for providing fringe benefits to apprentices who work on public works projects. In the past, there has been no standard practice on the provision of fringe benefits in the private sector or on public works projects. The proposed rule provides that apprentices receive the same percentage of journeypersons' fringe benefits as they receive of journeypersons' wages when they are working on public works projects.
Cross-Classifications. The proposed rule allows workers to perform tasks in more than one classification during a work week without a requirement that they be paid a separate pay rate for the second classification if the work in the second classification is 15% or less of their work time for the week. The department previously had an informal policy of allowing work in a second classification up to 20% of the work week without a separate pay rate.
Debarment. Falsifying, deliberately destroying, or failing to keep required payroll records on a public works project is added as an independent cause for debarment. It was previously a cause only when done in combination with one of the other three causes. Only responsible officers and directors of a business that commits a debarable offense may be debarred.
Exempt local governmental units. Local governmental units seeking an exemption from the state prevailing wage law on the grounds that they have their own local ordinance on prevailing wage must show that the they have enacted a methodology to enforce the payment of the prevailing wage rates before an exemption from the state law will be granted.
Standard contract language. Every state agency or local governmental unit must ensure that standardized language is in every prime contract that states the contractor's obligation to pay or ensure the payment of the prevailing wage rates to all workers on the project.
Miscellaneous. The classification of projects is updated to reflect current construction industry practices.
The prevailing wage rate determination for projects of a local governmental agency or exempt municipality may be posted at the place normally used to post public notices if there is no appropriate site on a project to post it. This provision does not apply to state-owned projects.
The list of debarred contractors will be sent to exempt local governmental units quarterly only if there has been a change in the list. The debarment list may be sent by a method other than first-class mail.
A written summary or tape recording of a debarment hearing must be requested before the hearing.
2. Statutory updates
Statutory references and terminology are updated to be consistent with 1995 Wisconsin Act 215
. The term "municipality" is changed to "local governmental unit" and "fringe benefit" is changed to "economic benefit." The rule is amended to reflect the statute's addition of demolition work to prevailing wage law coverage. The rule repeals language on hours of labor because the statute now determines what is considered standard hours of labor and what is considered overtime.
Definitions of the terms "project," "service and maintenance work," and "supply and installation contract" are created. The definition of "project" is important because the prevailing wage law does not apply to a project that has an estimated cost of completion below a particular dollar amount. Definitions of "service and maintenance work" and "supply and installation contract" are created to clarify when work falls in these two categories that are not covered under the prevailing wage law.
"Truck driver" is added to the phrase "laborer, worker, or mechanic" in various places throughout the rule that refer to covered employees. The addition of "truck driver" is for clarification and consistency with statutory language and is not a substantive change. The definition of "public works project" is amended to include information formerly contained in the definition of "erection, construction, remodeling, or repairing" and "erection, construction, remodeling, or repairing" is repealed as a defined term. The definition of the term "trade or occupation" is rewritten for clarity.
Initial Regulatory Flexibility Analysis
Contractors on public works projects may be affected by the rule changes but the changes will not have a significant economic impact on a substantial number of small businesses. A focus group representing the major parties with interests related to these rules agreed on the substantive changes.
None of the substantive changes in the rule have a fiscal effect on state or local governments. The two most significant changes affecting government are intended to ensure that existing law is clear and applied consistently. First, the proposed rule provides that local governments must show they have enacted a methodology for enforcing a prevailing wage ordinance before they will be exempted from the state prevailing wage law. Second, state agencies and local governments must ensure that standardized language on the application of the prevailing wage law is in every prime contract. Other changes affecting government are minor with no fiscal effect.
The proposed rule is available on the Internet site for the DWD Equal Rights Division at www.state.wi.us/er/hearing.htm
. A Word 97 email attachment or paper copy may be obtained at no charge by contacting:
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
Written comments on the proposed rules received at the above address no later than January 31, 2000, will be given the same consideration as testimony presented at the hearing.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Ch. HFS 145
- Relating to control of communicable diseases.
SS. Phar 1.01 and 1.02 and ch. Phar 15
- Relating to the preparation of sterile pharmaceuticals by pharmacists.
Ch. PSC 113
- Relating to service rules for electric utilities in the general area related to the technical and administrative aspects of electric service adequacy and consumer protection.
Ch. PSC 160
- Relating to the provision of universal telecommunications service and administration of the universal service fund.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order affecting ch. DOC 309
, relating to inmate access to legal materials and legal services.
An order affecting ss. NR 132.085
, relating to regulation of metallic mineral mining.
The following administrative rule orders have been adopted and published in the December 31, 1999 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection (CR 98-158):
An order amending s. ATCP 75.015 (7) (c)
, relating to the retail food establishment license exemption for restaurant permit holders.
Agriculture, Trade and Consumer Protection (CR 99-78):
Agriculture, Trade and Consumer Protection (CR 99-116):
An order affecting ch. ATCP 77
, relating to certification fees for laboratories engaged in public health testing of milk, water and food.
An order affecting ch. ER 18
and ss. ER 1.02
, relating to reinstatement eligibility and restoration of sick leave for state employes, other related time periods for state personnel transactions, and minor and technical rule changes.
Employment Relations--Merit Recruitment and Selection (CR 99-111):
Financial Institutions--Securities (CR 99-121):
An order affecting chs. DFI-Sec 1
and ss. DFI-Sec 7.06
, relating to securities broker-dealer, agent and investment adviser licensing requirements and procedures, securities registration exemptions, definitions and forms.
Professional Geologists, Hydrologists and Soil Scientists Examining Board (CR 99-88):
An order creating chs. GHSS 1
, relating to the licensure and regulation of professional geologists, hydrologists and soil scientists.
An order affecting ss. HFS 115.04
, relating to screening of newborns for congenital and metabolic disorders.
An order amending s. HFS 105.39 (4) (b) 3.
, relating to refresher training requirements in cardiopulmonary resuscitation (CPR) and first aid for drivers of specialized medical vehicles (SMVs) under the Medical Assistance (MA) program.