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.
3. Clarification
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of “erection, construction, remodeling, or repairing" and “erection, construction, remodeling, or repairing" is repealed as a defined term.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.
Fiscal Estimate
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.
Contact Information
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:
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
(608) 267-9403
Written Comments
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.
Health and Family Services (CR 99-56):
Ch. HFS 145 - Relating to control of communicable diseases.
Pharmacy Examining Board (CR 98-76):
SS. Phar 1.01 and 1.02 and ch. Phar 15 - Relating to the preparation of sterile pharmaceuticals by pharmacists.
Public Service Commission (CR 98-27):
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.
Public Service Commission (CR 99-19):
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.
Corrections (CR 97-67):
An order affecting ch. DOC 309, relating to inmate access to legal materials and legal services.
Effective 02-01-00.
Natural Resources (CR 97-136):
An order affecting ss. NR 132.085 and 132.09, relating to regulation of metallic mineral mining.
Effective 02-01-00.
rules_published Rules Published In This Wis. Adm. Register
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.
Effective 01-01-00.
Agriculture, Trade and Consumer Protection (CR 99-78):
An order amending s. ATCP 60.19 (3) and (4), relating to drug residues in raw milk.
Effective 01-01-00.
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.
Effective 01-01-00.
Employment Relations, Dept. of (CR 99-110):
An order affecting ch. ER 18 and ss. ER 1.02, 29.03 and 29.04, 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.
Effective 01-01-00.
Employment Relations--Merit Recruitment and Selection (CR 99-111):
An order affecting ss. ER-MRS 1.02, 11.03, 16.025, 16.035, 16.04, 22.11 and 34.08, relating to reinstatement eligibility and employment register expiration for state employment and minor and technical rule changes.
Effective 01-01-00.
Financial Institutions--Securities (CR 99-121):
An order affecting chs. DFI-Sec 1 to 5 and ss. DFI-Sec 7.06 and 9.01, relating to securities broker-dealer, agent and investment adviser licensing requirements and procedures, securities registration exemptions, definitions and forms.
Effective 01-01-00.
Professional Geologists, Hydrologists and Soil Scientists Examining Board (CR 99-88):
An order creating chs. GHSS 1 to 5, relating to the licensure and regulation of professional geologists, hydrologists and soil scientists.
Effective 01-01-00.
Health and Family Services (CR 99-81):
An order affecting ss. HFS 115.04 and 115.06, relating to screening of newborns for congenital and metabolic disorders.
Effective 01-01-00.
Health and Family Services (CR 99-112):
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.
Effective 01-01-00.
Law Enforcement Standards Board (CR 99-93):
An order affecting ch. LES 4, relating to the certification of instructors for law enforcement, jail and secure detention training.
Effective 01-01-00.
Medical Examining Board (CR 99-1):
An order affecting ch. Med 8, relating to licensure and regulation of physician assistants.
Effective 01-01-00.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.