Copies of Rule and Contact Person
Lori Slauson, Administrative Rules &
Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above address no later than March 20, 2000, will be given the same consideration as testimony presented at the hearing. Comments submitted via email will not be accepted as formal testimony.
Analysis by the Department of Public Instruction
1999 Wis. Act 9 requires the department to promulgate rules relating to 1) state aid for achievement guarantee contracts and 2) aid for debt service.
State Aid for Achievement Guarantee Contracts:
Beginning in the 2000-01 school year, the school board of an eligible school district may enter into a 5-year achievement guarantee contract with the department on behalf of one or more schools excluding those that already have such contracts, that are participating in the preschool through grade 5 program under s. 115.45, Stats., or that are in districts that were eligible to participate in 1996-97 and 1998-99 but did not. In the 2000-01 school year, the department is required to calculate and pay aid to schools participating in the program under s. 118.43 (3) (a) and (am), Stats., before making payments to schools that have contracts under s. 118.43 (3) (ar), Stats. The aid amount must equal $2,000 multiplied by the number of low-income pupils enrolled in the grades eligible for funding in each school. In making payments to districts on behalf of schools with contracts under s. 118.43 (3) (ar), Stats., the department is required to give priority to schools that have the highest percentage of low-income enrollment. The department is also required to ensure that it fully distributes the amount of aid appropriated. The rules set forth criteria and procedures for accepting and approving contracts, collecting data and paying aid.
Partial Debt Service Reimbursement:
Beginning in the 2000-01 school year, a school district is eligible to receive an amount equal to 20% of the annual debt service cost on bonds issued to fulfill a SAGE contract. The rules establish criteria and procedures for SAGE school districts to receive partial debt service reimbursement.
Fiscal Estimate
State Aid for Achievement Guarantee Contracts:
Under s. 20.255 (2) (cu) and (cv), Stats., 1999 Wisconsin Act 9 appropriated $18,484,000 in 1999-2000 and $58,754,600 in 2000-2001 for the department to pay aid to schools participating in the SAGE program. As required by the Act, the rule establishes criteria and procedures for paying state aid for achievement guarantee contracts. The department will pay an amount equal to $2,000 per low-income pupil enrolled in the participating schools. In making these payments for schools covered by contracts under s. 118.43 (3) (ar), Stats., the department shall give priority to schools that have the highest percentage of low-income pupil enrollment and shall ensure that it fully distributes the amount appropriated.
Since the Act did not allocate staff resources to administer the program, the department is reallocating limited state and federal funds for this purpose. The rules will have no fiscal effect on local governments or small businesses.
Partial Debt Service Reimbursement:
Under s. 20.255 (2) (cs), Stats., 1999 Wisconsin Act 9 appropriated $3,000,000 in 2000-01 for the department to pay to SAGE school districts an amount equal to 20% of the annual debt service cost on bonds issued to fulfill a SAGE contract. As required by the Act, the rule establishes criteria and procedures for SAGE school districts to receive partial debt service reimbursement.
It is assumed that there will be additional costs to the department to administer this program. It is expected that these costs will be absorbed by the agency. The rules will have no fiscal effect on local governments or small businesses.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114(1)(a), Stats.
Notice of Hearing
Public Instruction
Notice is hereby given that pursuant to ss. 115.435 (3) and 227.11 (2) (a), Stats., and interpreting s. 115.435, Stats., the department of public instruction will hold a public hearing as follows to consider emergency and proposed permanent rules, relating to supplemental aid for school districts with a large area. Emergency rules were promulgated by the department effective January 28, 2000. The hearing will be held as follows:
Hearing Information
March 15, 2000 Madison
Wednesday GEF 3 Building
2:00 - 3:00 p.m. 125 South Webster St.
Room 041
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call David Carlson, Director, School Financial Services, at (608) 266-6968, or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
Lori Slauson, Administrative Rules &
Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above address no later than March 20, 2000, will be given the same consideration as testimony presented at the hearing. Comments submitted via email will not be accepted as formal testimony.
Analysis by the Department of Public Instruction
1999 Wisconsin Act 9 created a grant to supplement aid under s. 121.08, Stats., to school districts that meet the following requirements:
1.
The school district had an enrollment in the previous school year of fewer than 500 pupils.
2.
The school district is at least 200 square miles in area.
3.
At least 65% of the real property in the school district is exempt from taxation under s. 70.11, Stats., owned by or held in trust for a federally recognized American Indian tribe or owned by the federal government.
The department shall award $350 for each pupil enrolled in an eligible school district that can verify through the clerks of municipalities in which the school district is located that it meets the criteria under 2 and 3. The department shall verify that the school district is eligible under 1. If the appropriation under s. 20.255 (2) (ad), Stats., is insufficient to pay the full amount, the funds shall be prorated among the entitled school districts.
The Act appropriated $125,000 beginning in the 1999-2000 school year. Since the timelines are too stringent to implement this grant program by the statutory October 15, 1999 date, the department is requiring applications to be submitted by April 3, 2000 and annually thereafter by October 15.
Fiscal Estimate
Under s. 20.255 (2) (ad), Stats., 1999 Wisconsin Act 9 appropriated $125,000 in the 1999-2000 and 2000-2001 school year for the department to award supplemental aid to school districts meeting specific criteria. As required by the Act, the rule establishes criteria and procedures for awarding supplemental aid to eligible school districts. The department shall award $350 for each pupil enrolled in the district. If the funds appropriated for the program are insufficient, the funds shall be prorated among the entitled school districts. The rules will have no fiscal effect on local governments or small businesses.
It is assumed that there will be additional costs to the department to administer this program. It is expected that these costs will be absorbed by the agency.
Initial Regulatory Flexibility Analysis
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114(1)(a), Stats.
Notice of Hearing
Workforce Development
(Prevailing Wage Rates, Chs. DWD 290-294)
Notice is hereby given that pursuant to ss. 66.293 (5) and 103.49 (3g), Stats., the Department of Workforce Development proposes to hold a public hearing to consider the amendment of s. DWD 290.155, relating to the annual adjustment of thresholds for application of the prevailing wage rates for state or local public works projects.
Hearing Information
Date & Time Location
February 28, 2000 Room 400X
Monday GEF #1 Bldg.
1:30 p.m. 201 East Washington Ave.
MADISON, WI
Interested persons are invited to appear at the hearings 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.
An accessible entrance to the building is available via a ramp from the corner of Washington Avenue and Webster Street to the Webster Street door. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 267-9403 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.
Analysis Prepared by the Dept. of Workforce Development
Statutory authority for rule: ss. 66.293 (5) and 103.49 (3g)
Statutes interpreted: ss. 66.293 (5) and 103.49 (3g)
The Wisconsin Department of Workforce Development proposes an order to amend s. DWD 290.155, relating to the annual adjustment of thresholds for application of the prevailing wage rates for state or local public works projects.
The state prevailing wage laws require that when a state agency or local governmental unit constructs 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 employes in accordance with those wage rates. Under ss. 66.293 (5) and 103.49 (3g), Stats., and the current s. DWD 290.155, the state prevailing wage rate laws do not apply to any “single-trade public works project" (a project involving the employment of only one trade) whose estimated cost is below $33,000, and it does not apply to any “multi-trade public works project" whose estimated cost is below $164,000.
Under ss. 66.293 (5) and 103.49 (3g), Stats., and s. DWD 290.15, the Department is required to adjust the dollar amounts of the thresholds each year in proportion to any change in construction costs since the thresholds were last determined. The proposed rule changes the thresholds to $34,000 for single-trade projects and $168,000 for multi-trade projects based on a 2.3% increase in the construction cost index between December 1998 and December 1999.
Text of Rule
SECTION 1. DWD 290.155 is amended to read:
DWD 290.155 Minimum estimated project costs. This chapter does not apply to any single-trade public works project for which the estimated cost of completion is below $33,000
$34,000, and any multi-trade public works project for which the estimated cost of completion is below $164,000 $168,000.
Initial Regulatory Flexibility Analysis
The proposed rule does not affect small business.
Fiscal Estimate
Under the proposed rule, a state or local government with a public works project that costs more than $33,000 but less than $34,000 for a single-trade project or more than $164,000 but less than $168,000 for a multi-trade project will not be covered by the prevailing wage requirement.
