Rule-making notices
Notice of Hearing
Agriculture, Trade and Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on proposed rules that make minor remedial drafting changes to a number of department rules. The hearing will be held at the time and place shown below. The public is invited to attend the hearing and make comments on the proposed rules. Following the public hearing, the hearing record will remain open until March 10 2004, for additional written comments.
A copy of this rule may be obtained free of charge, from the Wisconsin Department of Agriculture, Trade and Consumer Protection, Office of Legal Counsel, 2811 Agriculture Drive, P.O. Box 8911, Madison WI 53708, or by calling (608) 224-5023. Copies will also be available at the hearings.
An interpreter for the hearing impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by February 15, 2004 by writing to Karen Schultz, Office of Legal Counsel, P.O. Box 8911, Madison, WI 53708-8911, telephone (608) 224-5023. Alternatively, you may contact the Department TDD at (608) 224-5058. Handicap access is available at the hearings.
One hearing is scheduled:
Wednesday, March 3, 2004, 1:00 p.m. until 3:00 p.m.
Wisconsin Department of Agriculture, Trade and Consumer Protection
Board Room
2811 Agriculture Drive
Madison, WI 53704
Handicapped accessible
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory Authority: ss.
93.07 (1),
92.05 (3) (c),
92.14 (8),
93.50 (2) (f),
94.72 (13) (a),
95.197 (2),
95.71 (8),
97.09 (4),
97.20 (4),
97.22 (8),
97.41 (2) and
(5),
98.03 (2) and
98.18 (2), Stats.
Statutes Interpreted: ss.
92.05,
92.14,
94.72,
95.197,
95.71,
97.20,
97.22,
97.41,
98.03,
98.18 and
93.50, Stats.
This rule makes minor technical changes to a number of rules administered by the department of agriculture, trade and consumer protection (“DATCP"). This rule does all of the following:
•Changes current DATCP procedures for reimbursing Johne's disease testing costs. This technical change will make it easier for farmers to obtain reimbursement of testing costs.
•Updates technical standards that are incorporated by reference in current feed rules (ch.
ATCP 42, Wis. Adm. Code). The updates refer to the latest edition (2004) of the official publication of the Association of American Feed Control Officials. Pursuant to s.
227.21, Stats., DATCP will request permission from the Attorney General and the Revisor of Statutes to incorporate the updated technical standards by reference.
•Changes current dairy plant rules (ch.
ATCP 80, Wis. Adm. Code) to reflect the fact that DATCP, rather that the Department of Health and Family Services (DHFS), is now responsible for all of the following:
- Certifying dairy laboratories, and approving analysts to perform drug residue tests on milk. See ch.
ATCP 77, Wis. Adm. Code. The Legislature transferred this function from DHFS to DATCP (1995 Wis. Act. 27).
- Performing grade A milk certification audits for purposes of grade A interstate milk shipments. The Legislature transferred this function from DHFS to DATCP (
2003 Wis. Act 33).
•Changes current dairy farm and dairy plant rules (chs.
ATCP 60 and
80, Wis. Adm. Code) to make the rules consistent with current federal standards. This includes minor technical changes related to thermometers, pasteurization procedures, and multi-use plastic retail containers. This rule also updates technical standards incorporated by reference in the dairy plant rules (ATCP 80 Appendix A). The updates refer to the latest editions of 3-A Sanitary Standards and Accepted Practices published jointly by the International Association of Milk, Food and Environmental Sanitarians, Inc. and the United States Food and Drug Administration. Pursuant to s.
227.21, Stats., DATCP will request permission from the Attorney General and the Revisor of Statutes to incorporate the updated technical standards by reference.
•Updates technical standards that are incorporated by reference in current weights and measures rules (ch.
ATCP 92, Wis. Adm. Code). The updates refer to the latest editions (2004) of current weights and measures handbooks published by the National Institute of Standards and Technology. Pursuant to s.
227.21, Stats., DATCP will request permission from the Attorney General and the Revisor of Statutes to incorporate the updated technical standards by reference.
•Repeals and recreates current farm mediation and arbitration rules (ch.
ATCP 162, Wis. Adm. Code). The farm mediation and arbitration board, which was attached to DATCP for administrative purposes, originally adopted the current rules to govern the farm mediation and arbitration program under s.
93.50, Stats. However, the legislature subsequently abolished the farm mediation and arbitration board, transferred the program to DATCP, and expanded the scope of the program. This rule repeals the current rules and recreates them as DATCP rules. This rule also makes minor modifications to the current rules, to reflect statutory changes in the program and to reflect current policies and practices.
•Corrects typographical errors and cross-references, and makes other non-substantive drafting and organizational changes to current rules.
Fiscal Estimate
This rule makes minor technical changes to a number of existing rules. This rule will have no fiscal effect on the department or local units of government.
Initial Regulatory Flexibility Analysis
This rule will have no impact on small business.
Notice of Hearing
Financial Institutions - Banking
NOTICE IS HEREBY GIVEN That pursuant to ss.
221.0704 and
227.11 (2), Stats., and interpreting s.
221.0704, Stats., the Department of Financial Institutions, Division of Banking, will hold a public hearing at the Department of Financial Institutions, Division of Banking, 5
th Floor Conference Room, 345 W. Washington Avenue in the city of Madison, Wisconsin, on the
12th day of February, 2004, at 1:30 p.m. to consider the creation of a rule relating to the process for the organization of interim banks.
Analysis Prepared by the Department of Financial Institutions, Division of Banking
An order to create ch. DFI—Bkg 17, relating to the process for the organization of interim banks in accordance with ch.
221, Stats. Statutory authority: ss.
221.0704 and
227.11 (2), Stats. Statutes interpreted: s. 221. 0704, Stats. Summary: The purpose of the rule is to set forth the process for the organization of interim banks under ch.
221, Stats. The rule establishes documentation to be submitted to and issued by the division, and requirements regarding dissenters rights, capital structure and shareholders notices. Agency person to be contacted if there are substantive questions on the rule: Michael J. Mach, Administrator, Department of Financial Institutions, Division of Banking, P.O. Box 7876, Madison, WI 53707-7876, tel. (608) 266-0451. Agency person responsible for the agency's internal processing of the rule: Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705.
Initial Regulatory Flexibility Analysis
The proposed rule will not have an effect on small businesses.
Fiscal Estimate
There is no state fiscal effect, and there are no local government costs. No funding sources or ch.
20 appropriations are affected. There are no long-range fiscal implications.
Contact Person
For a copy of the proposed rule and fiscal estimate, or to submit written comments regarding the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705. Written comments must be submitted prior to the public hearing. A copy of the proposed rule may also be obtained at the Department of Financial Institutions' website,
www.wdfi.org.
Notice of Hearing
Pharmacy Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Pharmacy Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
450.02 (3), Stats., and interpreting ss.
450.03 (2) and
450.04 (3), Stats., the Pharmacy Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
Phar 2.03 (4), relating to the practical examination, NAPLEX and the multi-state pharmacy jurisprudence examination.
Hearing Date, Time and Location
Date: February 11, 2004
Time: 9:30 A.M.
Location: 1400 East Washington Avenue
Room 291
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 20, 2004 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Current s.
Phar 2.03 (4) allows an applicant to be admitted to the practical examination, NAPLEX examination or multi-state pharmacy jurisprudence examination if the applicant is within 360 credit hours of completing an internship in the practice of pharmacy (for applicants certified by the foreign pharmacy graduate examination committee) or 60 days before graduation from a school or college of pharmacy approved by the board. In certain instances with other state pharmacy examining board, this rule may penalize applicants who wish to later transfer scores.
This modification will not allow an applicant to be admitted to the practical examination, NAPLEX examination or multi-state pharmacy jurisprudence examination prior to completing an internship in the practice of pharmacy, and either obtaining certification by the foreign pharmacy graduate examination committee where necessary or graduate from a school or college of pharmacy approved by the board.
Fiscal Estimate
The Department of Regulation and Licensing will incur $500 in costs for staff to print and distribute the rule change.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to:
Pamela Haack
Department of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Avenue
Room 171
P.O. Box 8935
Madison, Wisconsin 53708
(608) 266-0495
Notice of Hearing
Public Instruction
NOTICE IS HEREBY GIVEN that pursuant to ss.
115.28 (7),
(7m),
(15) and
(17),
118.19 (11),
121.02 (1) (a), and
227.11 (2) (a), Stats., and interpreting ss.
115.28 (7),
118.19 and
118.192, Stats., the Department of Public Instruction will hold a public hearing as follows to consider emergency rules amending ch.
PI 5, relating to high school equivalency diplomas and certificates of general educational development.
The hearing will be held as follows:
Date, Time and Location
February 13, 2004 @ 3:00 – 4:00 p.m.
Room 041
GEF 3 Building
125 South Webster St.
Madison
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Robert Enghagen, HSED/GED Administrator, (608) 267-2275 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 and 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 February 13, 2003, 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
Section
115.29 (4), Stats., allows the state superintendent to establish the standards by which high school graduation equivalency is determined. The state superintendent issues a general educational development (GED) certificate and a high school equivalency diploma (HSED). To receive either the GED certificate or HSED, candidates must pass the GED test battery. The passing test scores are determined by the state superintendent and established in rule under ch.
PI 5. The proposed rules modify Chapter
PI 5 to reflect national GED test score changes made to the program and state fee charges allowed under the program. These modifications resulted from the following:
The 2002 Series GED Test content and the standard score scale used to determine passing scores changed dramatically from the 1988 series. Previously, the GED test scale ranged from a minimum of 20 to a maximum of 80 with a passing score set at 40 and an average of 45 on the five tests (reading, writing, mathematics, science and social studies) in the battery. The 2002 Series GED test scale ranges from a minimum of 200 to a maximum of 800. The proposed rule requires a passing standard score be not less than 410 on each of the five tests, with an average of 450 on the five tests in the battery. The 410 minimum score represents a 6% increase in performance expectations on the mathematics test, a 2% increase in performance expectations on the reading test, and a 3% increase in performance expectations on the science test.
2003 Wisconsin Act 33, the 2003-2005 biennial budget, allows the state superintendent to promulgate rules establishing fees for issuing a GED certificate or HSED. The rules may provide exemptions from the fees based on financial need. The fee will be charged to an individual applying for a GED certificate or HSED on or after January 1, 2004. GED/HSED fees were not charged in the past but are now allowed and necessary because the Act eliminated general purpose revenue (GPR) used to support GED program administration. Administration funds are necessary to operate the GED program and include approving test accommodations; opening, monitoring and closing test centers; reviewing and approving alternative curriculum; reviewing and approving credential awards; and issuing GED/HSED credentials.
Fiscal Estimate
GED FEE:
The rules allow a high school graduation equivalency declaration or a general educational development certificate (HSED/GED) credentialing fee to be charged to individuals.
2003 Wisconsin Act 33 authorized the department to charge fees for issuing a HSED/GED, creating a program revenue appropriation to fund the program. In FY04 (1/1/04-6/30/04), the department expects to incur GED administration costs of $61,800. In FY05 (7/1/04-6/30/05), the department expects to incur GED administration costs of $123,500.
Fees were not charged in the past but are now allowed and necessary to replace the loss of state GPR administration funds which were used, in part, to support program staff and fees charged by the GED Testing Service (GEDTS). Further, if fees are not charged, the department would have insufficient funds to provide for approving of test accommodations; opening, monitoring and closing test centers; reviewing and approving alternative curriculum; reviewing and approving of credential awards; and issuing HSED/GED credentials.
With some exceptions, the department proposes to charge $15 to issue a credential to anyone applying for a HSED/GED on or after January 1, 2004. A reduced fee of $5 will be charged to adults in corrections. Exemptions from fees are allowed for all of the following:
Persons 65 and older
Juveniles in corrections.
Pupils enrolled in approved GED Testing Service Option Programs.
In FY04 (1/1/04-6/30/04), the department anticipates generating a total income of $62,660 (half the income expected in FY05). In FY 05 (7/1/04-6/30/05), the department anticipates generating a total income of $125,320 using the following assumptions based on previous years' data:
6,918 applicants will be charged $15 for a credential 6,918 X $15 = $103,770
1,135 applicants will be eligible for a reduced fee of $5 1,135 X $5 = 5,675
1,000 applicants will request a duplicate credential/transcript
1,000 X $15 = 15,000
35 applicants will request emergency credentials 35 X $25 = 875 125,320 =======
GED TEST SCORE:
The GED passing test score is set at the standard established by the GEDTS (410 minimum with an average of 450). If Wisconsin sets a higher score, the GED Testing Service requires the department to conduct a statewide norming study. If such a study is conducted, the anticipated minimum cost to the department is $33,500 based on the following information:
In 1993, the department conducted a statewide norming study sampling 40 schools at a cost of $12,715.
In 2004, the department must sample 80 schools (required by the GEDTS). It is assumed that because the number of participating schools has doubled the cost to conduct the study will double from the 1993 amount. In addition, if substitutes have to be hired for the 80 participating schools, another $8,000 should be added (80 schools X $100 per substitutes).
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
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
227.11 (2),
458.03 (1),
458.03 (1) (b) and
458.085 (2) and
(3), Stats., and interpreting ss.
458.06 (2) (d),
458.08 (2) (d),
458.09,
458.10 and
458.13, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order of the Department of Regulation and Licensing to renumber RL 81.01; to renumber and amend RL 81.01 (1); to amend RL 82.01 (1), 83.01 (2) and 85.01 (1); and to create RL 81.01, 82.01 (4), (5) and (6), relating to applications, examinations, appraisal experience and continuing education (Real Estate Appraisers Board).
Hearing Date, Time and Location
Date: February 11, 2004
Time: 9:30 A.M.
Location: 1400 East Washington Avenue
Room 180
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by February 20, 2004 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
In this proposed rule-making order, the Department of Regulation and Licensing amends, renumbers, and creates several provisions contained in chs.
RL 81,
82,
83 and
85, rules of the Real Estate Appraisers Board.
Section RL 81.01 is renumbered to s. RL 81.02 and as renumbered, s. RL 81.02 (1) is amended as clean up change that has no substantive alterations.
Section
RL 81.01 is created as a prerequisite to submit an application for a licensed or certified real estate appraiser credential. Currently, an applicant can file an application at any time and then the application will “sit" idly until the person, if they even do so at all, complete the necessary experience and education work. Under this new section, the individual must complete the education hours first before completing an application.
Section
RL 82.01 includes the word “state" to clarify that it is issued by the state of Wisconsin.
Section
RL 82.01 (4),
(5) and
(6) are created to comply with the Appraiser Qualification Board's (AQB) Real Property Appraiser Qualification Criteria, Section IV of its most recent exposure draft.
Section
RL 83.01 (2) changes the minimum number of hours of an applicant seeking licensure as an appraiser to 2,000 hours of experience obtained over a period of not less than 12 months. This change reflects the requirements currently imposed by the AQB. The Appraisal Subcommittee of the Federal Institutions Examination Council is authorized to monitor the requirements established by states for the certification and licensing of individuals who are qualified to perform appraisals in connection with federally related transactions. The Appraisal Subcommittee is required to maintain a national registry of state certified and licensed appraisers who are eligible to perform appraisals in federally related transactions. One of the new requirements for placement on the roster is that an individual must be a state licensed or certified appraiser with credentials based on the minimum licensing or certification criteria issued by the AQB. An appraiser is not deemed to have credentials based on AQB standards if the state licensing and/or certification requirements did not conform to the AQB criteria at the time the appraiser obtained the license or certification.
Section
RL 85.01 is being amend so that the credential holder, when taking their 7-hour uniform standards of professional appraisal practice course (USPAP) for continuing education, no longer is required to take the USPAP examination. This reflects the AQB's most recent exposure draft.
Fiscal Estimate
This rule amendment requires candidates for Licensed Real Property Appraiser to gain 2,000 hours of qualifying appraisal experience over not less than 12 months in order to be eligible for licensure. The present requirement is for 500 hours of such experience.
Wisconsin licensed appraisers who did not meet the AQB experience requirement when they were licensed may be negatively impacted until their licenses are renewed with a certification that they now meet the experience requirement. The Department of Regulation and Licensing (DRL) does not have data to estimate how many such appraisers may need to be relicensed.
Reporting licensed appraisers to the national registry as they meet the AQB requirements will require DRL to modify IT data systems applications to reflect the increased experience requirements and to enable regular posting of AQB qualified appraisers to the national registry. This will require one-time IT programming of 80 hours at a value of programmer time of $35 per hour?including salary and fringe at 38.92% of salary. The value of the programming time is $2,800. In addition, DRL will incur one-time costs of $500 to print and distribute the rule change.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.10,
341.405 (1) and
341.45 (5), Stats., and interpreting ss.
341.405 and
341.45, Stats., the Department of Transportation will hold a public hearing in
Room 421 of the Hill Farms State Transportation Building, 4802 Sheboygan Avenue, Madison, Wisconsin on the
13th day of February, 2004, at
10:00 AM, to consider the amendment of ch.
Trans 152, Wisconsin Administrative Code, relating to Wisconsin interstate fuel tax and international registration program.
An interpreter for the hearing impaired will be available on request for this hearing. Please make reservations for a hearing interpreter at least 10 days prior to the hearing.
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of written comments from persons unable to attend the public hearing or who wish to supplement testimony offered at the hearing. Any such comments should be submitted to Tim Galbraith, Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 151, P. O. Box 7955, Madison, WI 53707-7955.
Parking for persons with disabilities and an accessible entrance are available on the north and south sides of the Hill Farms State Transportation Building.
Analysis Prepared by the Wisconsin Department of Transportation
General Summary of Proposed Rule
This rule making amends ch.
Trans 152, relating to Wisconsin Interstate Fuel Tax and International Registration Plan programs. The rule making clarifies Department policies regarding application requirements, business location, collections, and overdue billings. The rule making also reflects a statutory change in
1999 Wis. Act 145 that transfers appeals of certain determinations of the Department of Transportation from the Division of Hearings and Appeals to the Tax Appeals Commission.
The rule making clarifies terms of application requirements, including “established place of business," “reporting period," and “license." The rule codifies Department policy that an IRP, IFTA, or SSRS applicant's established place of business is in Wisconsin, and the documentation required to support the application. The rule also clarifies that the licensee is responsible to account for IFTA decals, and the penalty for failure to account.
The rule clarifies the Department's policy, including penalties and fees, when customers do not submit IFTA or IRP payments, or both, to the Department by the due date.
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 revenues or liabilities.
Initial Regulatory Flexibility Analysis
The Department anticipates that this rule making will have no direct adverse effect on small businesses. This rule making establishes no additional compliance, bookkeeping, or reporting requirements for small businesses.
Copies of Rule and Contact Person
Copies of the proposed rule may be obtained upon request, without cost, by writing to Tim Galbraith, Department of Transportation, Division of Motor Vehicles, Bureau of Vehicle Services, Room 151, P. O. Box 7955, Madison, WI 53707-7955, or by calling (608) 261-2573. Hearing-impaired individuals may contact the Department using TDD (608) 266-3096. Alternate formats of the proposed rule will be provided to individuals at their request.
Notice of Hearing
Workforce Development
(Public Works Construction)
NOTICE IS HEREBY GIVEN that pursuant to sections
66.0903 (5),
103.49 (3g),
779.14 (1s), and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider the amendment of rules relating to the adjustment of thresholds for application of prevailing wage rates and payment and performance assurance requirements.
Hearing Information
Thursday, February 19, 2004
1:30 p.m.
GEF 1 Building, Room B103
201 E. Washington Avenue
Madison
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.
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 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 Department of Workforce Development
Adjustment of thresholds for application of prevailing wage rates. The state prevailing wage laws require that when a state agency or local governmental unit contracts for the construction 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. Under current law, the state prevailing wage rate laws do not apply to any single-trade public works project for which the estimated cost is below $37,000, and do not apply to any multi-trade public works project for which the estimated cost is below $180,000.
Pursuant to ss.
66.0903 (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 threshold adjustment is based on changes in the construction cost index published in the
Engineering News-Record, a national construction trade publication. This rule adjusts the thresholds from $37,000 to $38,000 for single-trade projects and from $180,000 to $186,000 for multi-trade projects based on a 3.33% increase in the construction cost index between December 2002 and December 2003.
Adjustment of thresholds for payment and performance assurance requirements.
Section
779.14, Stats., sets payment and performance assurance requirements that apply to contracts for the performance of labor or furnishing of materials for a public improvement project or public work. Section
779.14 (1s), Stats., requires the department to adjust the thresholds for various requirements in proportion to any change in construction costs since the last adjustment if the adjustment would not be less than 5%. The last adjustment was effective in January 2002 based on figures from December 2001. The thresholds are adjusted to reflect a 6.13% increase in the construction cost index from December 2001 to December 2003. These adjustments are also based on changes in the construction cost index as published in the
Engineering News-Record and are rounded to the nearest thousand.
Initial Regulatory Flexibility Analysis
The proposed rules do not affect small business as defined in s.
227.14, Stats.
Fiscal Impact
The proposed rules provide that a state agency or local governmental unit contracting for the construction of a single-trade public works project that costs more than $37,000 but less than $38,000 or a multi-trade project that costs more than $180,000 but less than $186,000 will not covered by the prevailing wage requirement.
Contact Information
Elaine Pridgen
Office of Legal Counsel
Dept. of Workforce Development
201 E. Washington Avenue
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 February 20, 2004, will be given the same consideration as testimony presented at the hearing.
