EmR1044 Rule Text

comm139_EmR1044.pdf Commerce – Revises Ch. Comm 139 – EmR1044

 

Publication Date:        November 28, 2010

Effective Dates:          November 28, 2010 through April 26, 2011

 

ORDER OF THE DEPARTMENT OF COMMERCE

 

EMERGENCY RULE RELATING TO Rural Outsourcing Grants

 

Exemption From Finding of Emergency

 

The Legislature, by SECTION 45 (1) (b) of 2009 Wisconsin Act 265, exempts the Department from providing evidence that this emergency rule is necessary for the preservation of public peace, health, safety or welfare; and exempts the Department from providing a finding of emergency for the adoption of this rule.

 

Pursuant to section 227.24 of the Statutes, this rule is adopted as an emergency rule to take effect upon publication in the official state newspaper and filing with the Legislative Reference Bureau.

 

The Wisconsin Department of Commerce adopts an order to repeal Comm 139.20 (3) and to repeal and recreate Comm 139.20 (2) relating to rural outsourcing grants, and affecting small businesses.

 

Analysis of Rules

 

1.  Statutes Interpreted.

 

SECTION 45 (1) in 2009 Wisconsin Act 265.

 

2.  Statutory Authority.

Section 227.11 (2) (a) of the Statutes and SECTION 45 (1) (b) in 2009 Wisconsin Act 265.

 

3.  Explanation of Agency Authority.

SECTION 45 (1) (b) in 2009 Wisconsin Act 265 requires the Department to promulgate rules for awarding the rural outsourcing grants established in SECTION 45 (1).  Section 227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting the provisions of any Statute administered by the Department.

 

4.  Related Statute or Rule.

            The Department has rules for several other programs associated with economic and business development grants, but those programs are not targeted specifically to grants to businesses for outsourcing work to rural municipalities.  

 

5.  Summary of Rule.

The rules in this order redefine the businesses that are eligible for the rural-outsourcing grants awarded under SECTION 45 (1) in 2009 Wisconsin Act 265.   

 

6.  Summary of, and Comparison With, Existing or Proposed Federal Regulations.

            No similar existing or proposed federal regulations or programs were found through review of the Code of Federal Regulations and pertinent federal agency Web sites – including at the US Department of Agriculture, the US Department of Commerce, the US Economic Development Administration, and the US Small Business Administration.       

 

7.  Comparison With Rules in Adjacent States. 

            Review of existing rules and programs in adjacent States and review of proposed state legislation through the National Conference of State Legislatures did not reveal any similar rules or programs in the adjacent States.

 

8.  Summary of Factual Data and Analytical Methodologies. 

The data and methodology for developing these rules were derived from and consisted of (1) incorporating the applicable criteria in SECTION 45 in 2009 Wisconsin Act 265; (2) incorporating applicable best practices the Department has developed in administering similar programs for economic and business development, and (3) reviewing Internet-based sources of related federal, state, and private-sector information. 

 

9.  Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of an Economic Impact Report.

The primary documentation that was used to determine the effect of the rules on small business was SECTION 45 (1) in 2009 Wisconsin Act 265.  This SECTION authorizes the Department to award grants to businesses for outsourcing work to rural municipalities and requires the Department to promulgate rules for administering the program.  This SECTION applies its private-sector requirements only to businesses that chose to apply for the grants.

 

10.  Effect on Small Business.

The rules are not expected to impose significant costs or other impacts on small businesses because the rules address submittal of documentation only by applicants that choose to pursue grants for outsourcing work to rural municipalities.

 

11.  Agency Contact Person.

Mary Gage, Wisconsin Department of Commerce, Bureau of Business Finance and Compliance, P.O. Box 7970, Madison, WI, 53707-7970; telephone [phone]; e-mail Mary. [e-mail].

 

SECTION 1.       Comm 139.20 (2) is repealed and recreated to read:

 

Comm 139.20 (2)  “Eligible business” means any of the following:

 

(a)  A for-profit company that at the time of application to the department either performs or has work performed outside of this state, but will be shifting that work to a business operation or facility located in a rural municipality in this state.

 

(b)  A for-profit company that will be performing the shifted work described in par. (a), for the company which is shifting the work.

 

 

SECTION 2.       Comm 139.20 (3) is repealed.

 

 (END)

 

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EFFECTIVE DATE

 

Pursuant to s. 227.24 (1) (c), Stats., this rule shall take effect as an emergency rule upon publication in the official state newspaper.

 

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	X

 

                                             ORIGINAL                                    UPDATED

Amendment No. if Applicable

FISCAL ESTIMATE           CORRECTED                  SUPPLEMENTAL

X

X

Assumptions Used in Arriving at Fiscal Estimate      Although the rules will newly result in review of documentation relating to issuing grants to businesses for outsourcing work to rural municipalities, the number of these reviews and grants is expected to be too small to result in significant changes in the Department’s costs for administering its business development programs.  Therefore, the proposed rules are not expected to have any significant fiscal effect on the Department.      The proposed rules are not expected to impose any significant costs on the private sector, because the rules address only voluntary submittal of documentation relating to grants for outsourcing work to rural municipalities.

Affected Ch. 20 Appropriations

Fiscal Effect       State:          No State Fiscal Effect       Check columns below only if bill makes a direct appropriation                                                         Increase Costs - May be Possible to Absorb                 or affects a sum sufficient appropriation                                                                 Within Agency’s Budget               Yes           No                        Increase Existing Appropriation              Increase Existing Revenues                                                     Decrease Existing Appropriation             Decrease Existing Revenues                             Decrease Costs                        Create New Appropriation          Local:          No local government costs     1.       Increase Costs                                                        3.       Increase Revenues                                       5.  Types of Local Governmental Units Affected:                 Permissive          Mandatory                            Permissive         Mandatory                Towns                          Villages           Cities   2.       Decrease Costs                                       4.       Decrease Revenues                                                   Counties         Others  _____________     Permissive          Mandatory                                  Permissive         Mandatory                        School Districts                 WTCS Districts   Fund Sources Affected               GPR         FED         PRO         PRS          SEG         SEG-S

Subject    Rural Outsourcing Grants

Date

Authorized Signature/Telephone No.

Agency/Prepared by:  (Name & Phone No.)   Commerce/Jim O’Keefe 264-7837

Long-Range Fiscal Implications None known.

DOA-2048 (R06/99)