Michigan:
Michigan does not have a vehicle emission inspection and maintenance program at this time.
Minnesota:
Minnesota does not have a vehicle emission inspection and maintenance program at this time.
Illinois:
Illinois performs the OBD II inspection. Illinois allows a vehicle owner to receive a “cost waiver" if, after certain expenditure, the vehicle still is non-compliant. Illinois allows a cost waiver even if the MIL cannot be turned off.
Iowa:
Iowa does not have a vehicle emission inspection and maintenance program at this time.
Summary of factual data and analytical methodologies
Trans 131.05 (1) (j) requires that to pass an anti-tampering inspection a Malfunction Indicator Light (MIL) must be operational and non-active (that is, not lit). It is expected that an adequate vehicle repair will cause the MIL to turn off, since the underlying condition is corrected. In prior years, the Department also provided an alternative test allowing a vehicle to be inspected regardless of the MIL status. However, now that the Department administers only the OBD II test, the Department's Office of General Counsel has determined that Trans 131.05 (1) (j) is contrary to the availability of repair cost waivers required in s.
110.20 (13), Stats., since the rule prevents issuing a cost waiver to all tested vehicles, regardless of the amount spent on repairs.
The proposed rule clarifies that the functions performed by the Technical Assistance Center need not be performed simply in a particular physical location, so that program operation may have flexibility in performing those functions. The proposed rule also makes some changes in language for consistency of reference to the vehicle emission inspection without making any substantive change.
Analysis and supporting documentation used to determine effect on small businesses
The proposed amendment codifies the Department's policy and practice to issue a cost waiver even if the MIL is unable to be turned off. Since the Department is following this policy currently, the proposed amendment will not affect small business. If, however, the Department's current policy were not in effect, this proposed rule would have the effect of potentially reducing cost for small business, as well as any other vehicle owner, since without this proposed rule, no cost waiver would be possible.
The proposed rule clarifies that the function performed by the Technical Assistance Center need not be performed in a particular physical location. This clarification has no effect on small business or any other vehicle owner. The functions will continue to be carried out.
Finally, language changes to refer to the vehicle emission inspection consistently throughout the rule have no substantive effect on small business or any other vehicle owner.
Small Business Impact
The proposed rule will have no effect on small business. The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands.
The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Agency Contact Person
Carson Frazier, Dept. of Transportation
Bureau of Vehicle Services, Room 253
P. O. Box 7911, Madison, WI 53707-7911
Phone: (608) 266-7857
Notice of Hearing
Workforce Development
Public Works Construction Contracts,
Chs.
DWD 290-
294
NOTICE IS HEREBY GIVEN that pursuant to sections
103.005 (1) and
227.11 (2), Stats., the Department of Workforce Development proposes to hold a public hearing to consider the amendment of rules relating to the state prevailing wage program and affecting small businesses.
Hearing Information
Date: August 11, 2010
Time: 10:00 AM
Location: MADISON
G.E.F. 1 Building, Room F 305
201 East Washington Avenue
Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 266-9427 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
Submittal of Written Comments
Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
Comments may be submitted to Howard Bernstein, Office of Legal Counsel, Dept. of Workforce Development, P.O. Box 7946, Madison, WI 53707-7946 or Howard.Bernstein@ dwd.wisconsin.gov. The deadline for submission is August 13, 2010.
Copies of Proposed Rule
The proposed rules are available at the website
http://adminrules.wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule by contacting Howard Bernstein at the addresses given above or by telephone at (608) 266-9427.
Analysis Prepared by the Department of Workforce Development
Statutory authority
Statutes interpreted
Explanation of agency authority
The state prevailing wage laws require that when a state agency or local governmental unit contracts for the erection, construction, remodeling, repairing, or demolition of a public works project, it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with those wage rates. Changes to the state prevailing wage law were enacted in
2009 Wisconsin Act 28, including:
•
A new threshold level determines the applicability of the law. Under the current law, any project of public works with an estimated completion cost of at least $25,000 requires a prevailing wage rate determination.
•
Contractors are required to provide a monthly report of wage payments made to employees on public works projects. These reports are posted on an internet website maintained by the department. A contractor may submit a copy of its collective bargaining agreement (CBA) if the payments made under the CBA meet the prevailing wage requirements.
•
Under sec. 66.0904, Stats., the prevailing wage law now also covers a private project which receives $1,000,000 or more in direct financial assistance from a local governmental unit.
Summary of the proposed rule
The proposed rule amends the Department's existing rule on the prevailing wage program to reflect the changes made by
2009 Wisconsin Act 28. In addition, the proposed rule covers the following issues:
•
The proposed rule clarifies that, depending on its actions, a state agency or a local governmental unit way be an “employer" or a “contractor."
•
The proposed rule provides that the Department may conduct wage surveys by electronic means.
•
The proposed rule provides that the Department may determine residential rates as a percentage of building or heavy construction rates rather than as a separate survey category.
•
The proposed rule provides that no corrections or recalculations to an annual survey may be completed after March 1 of each year.
•
The proposed rule provides that, if a state agency, local governmental unit, or developer receiving more than $1,000,000 in direct financial assistance has not requested a prevailing wage rate determination for a project covered by the law, and the Department later issues a prevailing wage rate determination for such a project, then, in addition to the payment of the increased wages which the state agency, local governmental unit or developer must make to reimburse the employer of workers who were not correctly paid, the state agency, local governmental unit or developer must also reimburse the employer for any liquidated damages that employers may have been required to pay.
Comparison with federal regulations
The federal prevailing wage law (known as the Davis Bacon Act) applies to a federal public works project for which the contract cost is greater than $2,000. It does not apply to a private project which receives financial assistance from public funds unless the assistance is on such a scale that the project is determined to be a public project.
Comparison with rules in adjacent states
Minnesota:
Minnesota has a statutory threshold of $2,500 for a single-trade project and $25,000 for a multi-trade project. In addition to public works projects, the Minnesota law covers the construction of a “value-added agricultural product processing facility" that is financed in whole or part with certain state loans or grants.
Illinois:
Illinois does not have a threshold in its prevailing wage law. The law covers public works projects and defines public works projects as projects financed under various other specified laws. The Illinois law requires certified monthly payroll reports.
Michigan:
Michigan does not have a threshold in its prevailing wage law. The law covers projects that must be bid and relies on other agencies to determine the thresholds for what projects must be bid.
Iowa:
Iowa does not have a prevailing wage law.
Summary of factual data and analytical methodologies
The proposed rule is based on the new or amended requirements the statutes as affected by
2009 Act 28.
Small Business Impact
Because the proposed rule carries forward the new or amended requirements of the statutes as affected by
2009 Act 28, the proposed rule of itself does not have an effect on small business.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The proposed rule does not create any new costs in the administration of the state prevailing wage program.
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Julie Eckenwalder, Section Chief
Construction Wage Standards Section
Phone: (608) 266-3148
