Rule-making notices
Notice of Hearing
Employee Trust Funds
The Wisconsin Department of Employee Trust Funds (DETF) a public hearing to review this proposed rule, which amends s.
ETF 40.10 (1) and
(2), and creates s.
ETF 40.10 (2) (d) regarding the contributions towards employee health insurance premiums by local units of government that participate in the group health insurance plans in accordance with the provisions of s.
227.16 (1), Stats. The public hearing will be held on
August 17, 2004, at 1:00 PM in the downstairs Conference Room GB at the offices of the Department of Employee Trust Funds, 801 West Badger Road, Madison, Wisconsin.
The public record on this proposed rule making will be held open until 4:30 p.m. on Friday, August 18, 2004, to permit persons who are unable to attend the public hearing in person to submit written comments on the proposed rule. Any such written comments should be addressed to Arlene Larson, Department of Employee Trust Funds, 801 W. Badger Road, P.O. Box 7931, Madison, WI 53707-7931.
Statute interpreted: None.
Statutory authority: This proposed rule will be promulgated under the authority granted to the department of employee trust funds and the group insurance board under ss.
40.03 (2) (ig) and
(6) (d) and
40.51 (1) and
(7), Stats.
Explanation of agency authority: The DETF is authorized by s.
40.51 (7), Stats., to vary some aspects of the group health insurance plan for local employers, expressly including establishing employer contribution provisions that differ from those for the state. The DETF secretary is charged by s.
40.03 (2) (ig) with promulgating, with the approval of the group insurance board, all rules necessary to administer the group health insurance programs. The group insurance board has broad authority under s.
40.03 (6) (d) to take actions, as trustees, that the board deems advisable. The board has authority under s.
40.51 (1) to set premium provisions by rule.
Plain language analysis: The state of Wisconsin group insurance board offers a group health insurance program to local government employers, including the same alternate plans (such as HMOs) available to state employees in the area. The proposed rule authorizes an alternative method for making employer contributions. The proposed rule will allow Wisconsin public employers offering their employees group health insurance under s.
40.51 (7) the option of adopting a tiered premium strategy as a means of containing health insurance costs.
At present, local government employers are required to contribute an amount between 50% and 105% of the lowest cost qualified plan towards the health insurance premiums of their insured employees. A lesser contribution is required for part-time employees and no minimum contribution is required for insured retirees. The existing s.
ETF 40.10 was loosely based on former s.
40.05 (4) (ag) 2., Stats., which set the state's premium contribution for its employees at the lesser of 90% of the standard plan premium or 105% of the least costly qualifying plan within the county, but not more than the total amount of the premium. The state's contribution could be modified through collective bargaining.
Effective January 1, 2004, s. 40.05 (4) (ag) was repealed and recreated by
2003 Wis. Act 33 to alter state contributions towards employee health insurance. The same legislation also amended s.
40.51 (6), Stats., to require the group insurance board to place each of the health plans offered to state employees into one of three tiers. The tiers are separated according to the employee's share of premium costs.
Local government employees have access to the same HMOs and essentially the same health plans as offered to state employees in their area. The proposed rule will allow the group insurance board to establish tiers for the health plans as offered to local government employers. The tier into which a plan is placed may be the same as for state employees or may be different if the board and its actuary determine that the plan as offered to local employees, and its premium, warrants a different placement. Under the proposed rule, local government employers could use the tiers established by the board as a basis for their premium contribution arrangement. Under the new law enacted by
2003 Wis. Act 33, the state of Wisconsin's minimum premium contribution for its insured full-time employees is 80% of the average premium cost of plans offered in the tier with the lowest employee premium cost. Under the proposed rule, the local government employer's required minimum contribution will remain unchanged at the present 50% of the lowest cost plan (25% for part-time employees). If the local government employer adopts a tiered plan based on the Group Insurance Board's tiers, and provides that the employee's portion of the monthly premium will increase for plans in higher tiers by at least $20 for single coverage and $50 for family coverage for each successively higher tier, then the employer will not be limited to contributions of 105% of the premium for the lowest cost plan.
The proposed rule does not alter local government premium contributions. However, the rule change would allow local government employers more options in setting their future share of premiums.
Many local government employers base premium contributions on collectively bargained agreements. The proposed rule cannot impair existing contracts and so could have no effect on premium contributions being made under existing collective bargaining agreements until the existing agreements expire or are amended or otherwise renegotiated.
The proposed rule also amends the current language of s.
ETF 40.10 in conformity with
1999 Act 185, section
193, which provided that wherever “employe," “employes," “employe's" or “employes' " appear in the statutes, “employee," “employees," “employee's" or “employees' " are substituted.
Summary of, and comparison with, existing or proposed federal regulation
There are no existing or proposed federal regulations applicable to the subject matter of this rule.
Comparison with rules in adjacent states
A search of legal databases on state administrative regulations has located no similar rules in adjacent states.
Summary of factual data and analytical methodologies and how the related findings support the approach chosen
The legislature required a change with respect to state contributions towards health insurance for state employees. One reason for the change was because the previous contribution strategy, the so-called "105% formula," was perceived as no longer being as effective as possible in holding down increases in health insurance premiums by health plans. The tiered approach is believed to better encourage health plans to become more cost efficient, thereby holding down the cost of health insurance. The board and DETF have decided that local units of government should be provided with access to the same tool to encourage cost efficiency in order to contain health care costs.
Under the proposed rule, participating Wisconsin public employers may continue to base their employer contribution solely on the so-called "105% formula," or alternatively, on the health plan tiers.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report
Section
40.02 (28), Stats. “Employer" as defined for purposes of ch.
40 does not include small businesses.
Anticipated costs incurred by private sector
None.
Effect on small business
No effect.
Agency contact
For questions about the proposed rule, please write or call Arlene Larson, Manager, Self-Insured Health Plans, Division of Insurance Services, Department of Employee Trust Funds, P.O. Box 7931, Madison WI 53707. Telephone: (608) 264-6624. Fax: (608) 267-0633. E-mail:
arlene.larson@etf.state.wi.us
Place where comments are to be submitted and deadline for submission
Written comments on the proposed rule may be submitted to Arlene Larson, Department of Employee Trust Funds, 801 W. Badger Road, P.O. Box 7931, Madison, WI 53707-7931. Written comments must be received at the Department of Employee Trust Funds no later than 4:30 PM on Wednesday, August 18, 2004.
Initial regulatory flexibility analysis
The proposed rule has no effect on small businesses because only governmental employers may participate in the group health insurance programs under ch.
40 of the statutes.
Fiscal estimate
The proposed rule has no direct fiscal impact. The proposed rule generates no revenues for any employer because it has no effect on the fiscal liabilities of any county, city, village, town, school district, technical college district or sewerage. The proposed rule only applies to the local government units electing to participate in the Group Insurance Board's group health program. The intended effect of the rule is to allow these employers an option that may reduce increases in future health care costs. Nothing in the rule, however, requires any employer to change its present contribution arrangement.
Free copies of proposed rule:
Copies of this rule are available without cost by making a request to the Department of Employee Trust Funds, Office of the Secretary, P.O. Box 7931, Madison, Wisconsin 53707-7931, telephone (608) 266-1071.
Notice of Hearing
Insurance
Notice is hereby given that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedures set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting section
Ins 18.105, Wis. Adm. Code, relating to annual adjustment to the minimum necessary cost or payment to access independent review.
Hearing Information
Date: August 11, 2004
Time: 1:00 p.m., or as soon thereafter as the matter may be reached
Place: OCI, 2nd Floor Hearing Room, 125 South Webster Street, Madison, WI
Written comments or email comments submitted through the Wisconsin Administrative Rule website at
https://apps3.dhfs.state.wi.us/admrules/public/Home on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI within 10 days following the date of the hearing.
Written comments should be sent to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule 18.105
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
3. Explanation of the OCI's authority to promulgate the proposed rule: The statutes are clear in granting the Office authority to promulgate rules and in this case specifically state at s.
632.835 (5) (c), Wis. Stats., that the commissioner shall promulgate a rule implementing the statutory provision.
4. Related Statutes or rules: Section
632.835,
(5) (c), Wis. Stats., requires that the minimum necessary cost or payment of a procedure or service must be at least $250.00 as adjusted annually to reflect changes in the consumer price index for all urban consumers, U.S. city average as determined by the U.S. department of labor. The intent of the rule is to implement the statute by indicating the time and manner the CPI index will be posted and the modification to the minimum cost or payment requirement for accessing independent review.
5. The plain language analysis and summary of the proposed rule: The rule implements s.
632.835 (5) (c), Stats., requirement that the commissioner promulgate a rule adjusting the minimum requirements as found in s.
632.835 (1) (a) 4. and
(1) (b) 4., Wis. Stats., at least annually. The rule proposes that the Commissioner post to the OCI website the CPI to be used for the year beginning on January 1 of each year. The Commissioner shall post the information on or before December 1 of each year.
6. Summary of and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
There is no federal legislation that pertains to this rule.
7. Comparison of similar rules in adjacent states as found by OCI:
Iowa: No similar rules.
Illinois: No similar rules.
Minnesota: No similar rules.
Michigan: No similar rules.
8. A summary of the factual data and analytical methodologies that OCI used in support of the proposed rule and how any related findings support the regulatory approach chosen for the proposed rule:
The Office did not conduct a factual data using analytical methodologies as the rule proposes only to implement the notification of the CPI that will be used by consumers and insurers for the minimum cost or payment requirement to access independent review. There will be method selected to notify insurers and consumers is cost effective as it utilizes an existing communication tool.
9. Any analysis and supporting documentation that OCI used in support of OCI's determination of the rule's effect on small businesses under s.
227.114:
Health insurers doing an insurance business in Wisconsin do not qualify as small businesses and the effect of this rule alters the trigger dollar amount before an insured individual may access the independent review organization as it relates to health care for that insured. No small businesses will be effected by this rule.
10. If these changes will have a significant fiscal effect on the private sector, the anticipated costs possibly incurred by private sector:
There will not be a significant fiscal effect on the private sector. The change in the CPI assuming past trends in the CPI, would adjust the minimum cost or payment requirement approximately $5.00 annually. Further, since the first year of independent review that included a retroactive review period, the number of requests for independent review have been steady with approximately 160 requests for independent review last year. The Commissioner does not anticipate the annual adjustment in the minimum cost or payment will alter the number of requests for independent review.
11. Effect on Small Business: There should be no effect on small business. The rule proposes to adjust the minimum cost or payment with which an insured would need to meet prior to obtaining independent review, provided other statutory requirements are also met.
12. Agency contact person: A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet WEB site at
http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Services Section, Office of the Commissioner of Insurance, at (608) 264-8110,
Inger.Williams@OCI.State.WI.US or at 125 South Webster Street – 2
nd Floor, PO Box 7873, Madison WI 53707-7873.
13. Place where comments are to be submitted and deadline for submission:
Mailing address:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule 18.10 (2)(d)
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Street address:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule 18.10 (2)(d)
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53702
The deadline for submitting comments is 4:00 p.m. on the 10th day after the date for the hearing stated in the Notice of Hearing.
Fiscal Estimate
There will be no state or local government fiscal effect.
Initial regulatory flexibility analysis
This rule does not impose any additional requirements on small businesses.
Agency contact
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet WEB site at
http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Services Section, Office of the Commissioner of Insurance, at (608) 264-8110,
Inger.Williams@OCI.state.WI.US or at 125 South Webster Street – 2
nd Floor, PO Box 7873, Madison WI 53707-7873.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs.
NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
29.014,
29.063,
29.335 and
227.11 (2) (a), Stats., interpreting ss.
29.014,
29.063 and
29.335, Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 10 and
19, Wis. Adm. Code, relating to regulation of baiting and feeding to control and manage chronic wasting disease and bovine tuberculosis. The proposed rule will continue the ban on the placement of feed for deer in those areas at highest risk for chronic wasting disease (CWD), as required by
2003 Wisconsin Act 240. The proposed rule bans baiting and feeding in any county where CWD eradication zones or herd reduction zones have been established in the county or a portion of the county; or a CWD or bovine tuberculosis positive captive or free-roaming, domestic or wild animal has been confirmed after December 31, 1997 from the county; or if the county or portion of the county is within a 10-mile radius of a captive or free-roaming, domestic or wild animal that has been tested and confirmed to be positive for CWD or bovine tuberculosis after December 31, 1997. Additional counties meeting these criteria may be included in the ban by Secretary's Order.
Additionally, this rule clarifies various terms and conditions that were established by Act 240. These clarifications are necessary in order to enforce and explain the rule and regulations pertaining to deer and bear baiting and feeding for the remainder of the state where baiting and feeding is not banned. Act 240 also extended the department's authority to regulate feeding of wildlife. This rule establishes restrictions for wildlife feeding and specifically deer feeding for areas where the feeding of deer is not prohibited.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
29.014,
29.063,
29.335,
29.336,
227.11 and
227.24, Stats., interpreting ss.
29.014,
29.063,
29.335 and
29.336, Stats., the Department of Natural Resources will hold public hearings on Natural Resources Board Emergency Order No. WM-35-04(E) relating to regulation of baiting and feeding to control and manage chronic wasting disease and bovine tuberculosis. This emergency order took effect on June 10, 2004. This emergency order continued the ban on the placement of feed for deer in those areas at highest risk for chronic wasting disease (CWD).
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Wednesday, August 25, 2004 at 7:00 p.m.
Resident Center
MacKenzie Environmental Education Center
W7303 County Highway CS
Poynette
Thursday, August 26, 2004 at 7:00 p.m.
North Central Voc. Technical School
1000 Campus Drive
Wausau
Fiscal Estimate
There are no anticipated county, village, town, school district, technical college district and sewer district fiscal liabilities and revenues associated with this rule or Act 240.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Kurt Thiede at (608) 267-2452 with specific information on your request at least 10 days before the date of the scheduled hearing.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Kurt Thiede, Bureau of Wildlife Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 1, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Thiede.
Notice of Hearings
Natural Resources
(Environmental Protection - Water Management, Chs.
NR 300—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.12,
30.123 and 22711
(2), Stats., interpreting ss.
30.12,
30.123 and
30.206, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 320, Wis. Adm. Code, relating to the regulation of bridges and culverts in or over navigable waterways. Chapter
NR 320 defines and describes design standards for two types of culvert replacements that qualify for exemptions in all waters other than “areas of special natural resource interest" (ASNRIs). The rule also establishes a general permit for clear span bridges over a navigable water less than 35 feet. Department staff will work with stakeholders to develop two additional general permits: non-exempt culvert replacements over a navigable water less than 35 feet in width and bridges supported only by culverts.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
30.19 (1d),
(1g) (c),
(1m),
(3r) (a) 2. and
(4) and
227.11 (2), Stats., interpreting ss.
30.19 (1d),
(1g) (c),
(1m),
(3r) (a) 2. and
(4), Stats., the Department of Natural Resources will hold public hearings on the repeal of ss.
NR 340.02 (2),
(8) and
(19) and the creation of ch.
NR 341, Wis. Adm. Code, relating to regulation of grading on the bank of a navigable waterway. Proposed ch.
NR 341 determines what constitutes a “bank" for priority navigable waterways and other navigable waterways; establishes criteria to define those activities which need a grading permit, and specifies conditions under which general or individual permit coverage is required. The proposed rule recognizes the overlap between the requirements and standards of a ch.
30 grading permit and a ch.
NR 216 stormwater construction site discharge permit. This rule specifies permit requirements necessary to protect public health, safety, welfare, rights and interest and to protect riparian landowner rights and property. Specifically, the proposal defines “bank" for priority navigable waterways and other navigable waterways, establishes a protocol for measuring the “bank", establishes two general permits for grading projects, and deletes obsolete definitions of “bank", “grade or otherwise remove" and “topsoil" from ch.
NR 340.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
30.19 (1g) (a) and
(am),
(1m),
(3r) (a) 1. and
(4),
30.206 and
227.11 (2), Stats., interpreting ss.
30.19 (1g) (a) and
(am),
(1m),
(3r) (a) 1. and
30.206, Stats., the Department of Natural Resources will hold public hearings on the repeal of ss.
NR 340.02 (18) and
(20) and the creation of ch.
NR 343, Wis. Adm. Code, relating to the regulation of construction, dredging and enlargement of an artificial water body. Proposed ch.
NR 343 recognizes artificial water bodies constructed for the purpose of meeting the performance standards under ch.
NR 151 and allows such artificial water bodies to be eligible for a general permit under this chapter with several design standards. The proposed rule establishes general permits for three activities: wildlife ponds, landscape ponds and stormwater ponds. Proposed ch.
NR 343 also clarifies jurisdiction for ponds located within 500 feet of a navigable waterway, and specifies permit requirements necessary to protect public health, safety, welfare, rights and interest and to protect riparian landowner's rights and property.
The proposed permanent rule differs from the current emergency rule in that it modifies the definition of “stormwater management pond" to clarity timeframe and purpose, clarifies that any constructed portion of a pond is subject to the 500 foot jurisdiction, adds general permit conditions to prevent fish entrapment and exclude mining, makes conditions more consistent for general permits and deletes conditions that restricted unconnected ponds within 500 feet of a public rights feature.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss.
30.20 (1),
(1k),
(1t) and
(2),
30.206 and
227.11 (2), Stats., interpreting ss.
30.20 (1),
(1g),
(1k),
(1m),
(1t) and
(2) and
30.206, Stats., the Department of Natural Resources will hold public hearings on the creation of ch.
NR 345, Wis. Adm. Code, relating to dredging in navigable waterways. Proposed ch.
NR 345 cross-references the rules for exempt structures where the standards for associated dredging are set. It also sets standards under which hand-held dredging activities are exempt which include: not in an area of special natural resource interest or a public rights feature; may not contain hazardous substances; dredged material disposed of in uplands or approved solid waste facility, erosion control best management practice utilized; and not more than 4 cubic yards of material removed or displaced. Proposed ch.
NR 345 also establishes general permits for installation of utility lines and maintenance dredging of up to 3000 cubic yards in established drainage districts. The standards are similar to those required for exemptions above but have some additional standards specific to the activity being conducted including compliance with DATCP rules for drainage districts.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Building contractors, small-scale land developers and consultants who provide plans or designs for projects along public navigable waterways.
b. Description of reporting and bookkeeping procedures required: The person responsible for a project in or along a lake or stream must develop plans and occasionally conduct some analyses, submit an application, and observe the site during construction. For some activities, photographs of the completed project are required.
c. Description of professional skills required: Map reading, basic computer use, mathematics, drawing to scale, and clear writing.
While it may be helpful or efficient, hiring a consulting firm is not necessary to comply with these requirements. Many projects are planned and conducted by individuals with no professional background. If the site has particularly challenging features, such as steep slopes, erosive soils, highly variable features or if the intensity of neighboring uses are likely to create controversy, then professional ecological or engineering expertise may be helpful.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the Department will hold an open house from 3:00 p.m. to 5:00 p.m. prior to each hearing. Department staff will be available to answer questions regarding the proposed rules.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Tuesday, August 31, 2004 at 6:00 p.m.
Video conference participation will be available at:
Pyle Center, UW-Madison
702 Langdon Street
Madison
Room 332, Chippewa Valley Tech College
620 W. Clairemont Ave.
Eau Claire
Rooms 285 & 271, UW-Washington Co.
400 University Dr.
West Bend
Wednesday, September 1, 2004 at 6:00 p.m.
Video conference participation will be available at:
Pyle Center, UW-Madison
702 Langdon Street
Madison
Wis. Indianhead Tech. College
600 N. 21 Street
Superior
Thursday, September 2, 2004 at 6:00 p.m.
Video conference participation will be available at:
Pyle Center, UW-Madison
702 Langdon Street
Madison
Northeast Tech College
2740 W. Mason Street
Green Bay
Room 102, Wing Communication Bldg.
1725 State St.
La Crosse
Fiscal Estimate
[NR 345] It is assumed there will be a decrease in the workload, and a decrease in revenue, related to dredging regulation. The workload decrease is estimated at about 1240 hours, or 0.60 FTE position, with an associated cost reduction of $25,800 in salary and fringe benefits. The revenue decrease is estimated at about $38,400 annually.
Overall, the full implementation of Act 118 and its multiple related rules is not expected to have a major impact on DNR water permit revenues or workload.
[NR 341] It is estimated that annual water permit revenues to the Department for grading activities will be reduced from an estimated $218,000 to an estimated $54,000, for a reduction in revenue of $164,000. Prior to Act 118, all grading activities were subject to individual permits at a fee of $300 or $500. Under provisions of Act 118, it is estimated that about half of the grading activities will be exempt from any permit or fee, and the balance will be subject to an individual or general permit at a fee ranging from $50 to $500. Workload is anticipated to be reduced from an estimated 8700 hours to 2800 hours, for a workload reduction of an estimated 5900 hours or approximately 2.8 FTE positions and a cost reduction of $129,400.
This reduction in revenue and workload related to grading is offset by increases in revenue and workload related to other water permitting activities modified by Act 118 that are not a part of this administrative rule. The ongoing fiscal impact of a fully implemented Act 118 does not reduce revenues and is expected to result in an increase in workload of an estimated 5 FTE and $248,000.
[NR 343] It is assumed there will be an increase in the workload, and an increase in revenue, related to regulating artificial water bodies. The workload increase is estimated at about 800 hours, or 0.40 FTE position, with associated costs of $16,600 in salary and fringe benefits. The revenue increase is estimated at about $59,100 annually. Overall, the full implementation of Act 118 and its multiple related rules is not expected to have a major impact on DNR water permit revenues or workload.
[NR 320] It is assumed there will be a reduction in the workload, and an minor increase in revenue, related to regulating the placement of culverts less than 35 feet in length. The workload reduction is estimated at about 900 hours, or 0.40 FTE position, with associated costs of $18,600 in salary and fringe benefits. The revenue increase is estimated at about $1,500 annually. It is assumed there will be no change in the workload or revenue related to regulating bridges, or culverts over 35 feet in length.
Overall, the full implementation of Act 118 and its multiple related rules is not expected to have a major impact on DNR water permit revenues or workload.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Roberta Lund at (608) 266-2220 with specific information on your request at least 10 days before the date of the scheduled hearing.
The proposed rules may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Ms. Roberta Lund, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 17, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Lund.
Notice of Hearings
Natural Resources
(Environmental Protection - Water Management, Chs.
NR 300—)
NOTICE IS HEREBY GIVEN that pursuant to ss.
30.12 (1),
(1p) and
(3) (br),
30.13 (1) and
(1m),
30.206 and
227.11 (2), Stats., interpreting ss.
30.12 (1),
(1g) (a),
(b),
(e) and
(f),
(1p),
(3) and
(3m),
30.13 (1) and
(1m),
30.20 (1g) (b) 2. and
30.206, Stats., the Department of Natural Resources will hold public hearings on revisions to ch.
NR 326, Wis. Adm. Code, relating to regulation of piers, wharves, boat shelters, boat hoists, boat lifts and swimming rafts in navigable waterways. The proposed rule will implement
2003 Wisconsin Act 118 by establishing construction, design and placement standards for projects to be eligible for statutory exemptions, establishing general permits and establishing standards for projects that may be authorized under an individual permit. The proposed rule defines and describes design standards to qualify for exemptions for piers, wharves, seasonal boat shelters, boat hoists, boat lifts and swimming rafts. The rule establishes general permits for preexisting piers and permanent boat shelters which meet certain conditions, and establishes standards for specific individual permits for piers. Department staff will work with stakeholders prior to public hearing to develop more specific standards for marinas, and identify any other general or individual permits that may be appropriate.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Building contractors, small-scale land developers and consultants who provide plans or designs for projects along public navigable waterways.
b. Description of reporting and bookkeeping procedures required: The person responsible for a project in or along a lake or stream must develop plans and occasionally conduct some analyses, submit an application, and observe the site during construction. For some activities, photographs of the completed project are required.
c. Description of professional skills required: Map reading, basic computer use, mathematics, drawing to scale, and clear writing.
While it may be helpful or efficient, hiring a consulting firm is not necessary to comply with these requirements. Many projects are planned and conducted by individuals with no professional background. If the site has particularly challenging features, such as steep slopes, erosive soils, highly variable features or if the intensity of neighboring uses are likely to create controversy, then professional ecological or engineering expertise may be helpful.
The Department's Small Business Regulatory Coordinator may be contacted at:
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the Department will hold an open house from 5:00 p.m. to 6:00 p.m. prior to the hearings in Waukesha, Eau Claire and Minocqua and from 11:00 to noon in Madison. Department staff will be available to answer questions regarding the proposed rules.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Tuesday September 7, 2004 at 6:00 p.m.
Room 151, State Office Building
141 NW Barstow Street, Waukesha
Wednesday, September 8, 2004 at 6:00 p.m.
Conference Room, DNR West Central Region Hdqrs.
1300 W. Clairemont
Eau Claire
Thursday, September 9, 2004 at 6:00 p.m.
Minocqua Community Building
415 Menominee
Minocqua
Friday, September 10, 2004 at 12:00 noon
Room 349, GEF #3
125 S. Webster Street
Madison
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Roberta Lund at (608) 266-2220 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
Most of the permitting activities covered by this administrative rule remain unchanged in terms of the workload required by Department staff and revenues generated by required permits. The exception is for the permanent boat shelter permits, which were issued on an individual permit basis prior to Act 118, and will be issued as general permits under this proposed administrative rule. The net fiscal impact is estimated to be a workload decrease of about 95 hours/year, which equates to about $2,000 in salary and fringe benefits, and a revenue decrease of about $4,800/year.
Overall, the full implementation of Act 118 and its multiple related rules is not expected to have a major impact on DNR water permit revenues or workload.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Ms. Liesa Lehmann, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 17, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Roberta Lund, Bureau of Fisheries Management and Habitat Protection, P.O. Box 7921, Madison, WI 53707.
Notice of Hearings
Natural Resources
NOTICE IS HEREBY GIVEN that pursuant to ss.
289.05,
289.06 and
289.07, Stats., interpreting ss.
289.24,
289.30 and
289.61, Stats., the Department of Natural Resources will hold public hearings on revisions to chs.
NR 500,
504,
506,
507,
512,
514,
516 and
520, Wis. Adm. Code, relating to landfilling of solid waste. The proposed rule allows for the potential for longer leachate lines in municipal solid waste landfills, improved landfill design and construction standards, requires a stabilization plan, and allows the Department to approve practices that should lead to quicker biodegradation (stability) of the waste in municipal solid waste landfills.
The proposed rule revisions would allow the maximum length of leachate collection piping to increase from 1,200 feet to 2,000 feet. The proposed revision reflects changes in the current design and construction standards of municipal solid waste landfills. The maximum width of municipal solid waste landfills would increase by approximately two-thirds and the height by about 100 feet. The volume of waste that could be placed in a single municipal solid waste landfill would approximately double.
The proposed rule would also allow the Department to approve adding liquids to degrade the waste faster thereby reducing the potential long-term threat of landfills. The Department is specifically asking for comments on the provisions to add additional liquids to foster quicker biodegradation and changes in final cover and run-on of water from precipitation.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s.
227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses. The Department's Small Business Regulatory Coordinator may be contacted at:
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch.
NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearings will be held on:
Tuesday, August 17, 2004 at 10:30 a.m.
Gathering Waters Room
DNR South Central Region Hdqrs.,
3911 Fish Hatchery Road
Fitchburg
Wednesday, August 18, 2004 at 1:30 p.m.
Schmeekle Room
UW-Stevens Point
2419 N. Point Drive
Stevens Point
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dennis Mack at (608) 267-9386 with specific information on your request at least 10 days before the date of the scheduled hearing.
Fiscal Estimate
The overall costs to counties and private companies that own, operate and develop landfills will be reduced. Allowing longer leachate lines (up to 2000 feet) will result in the following:
- Lower development cost per cubic yard of landfill volume and potentially lower disposal costs to landfill users,
- Reduced need to buy addition land to develop a new landfills (better existing landuse),
- Allow for better infra-structure use (associated roads, gas recovery, structures, etc.),
- Reduced impacts to sewerage system because leachate can be recirculated to help stabilize the landfill rather than being shipped to a publicly owned wastewater treatment facility for treatment, and
- Potentially negative impacts on recycling interests.
Fiscal impacts to the Waste Management Program (DNR) during this biennium (FY 05) will consist of the following:
- Develop guidance on the code revisions for staff, consultants and landfill staff (400 hours),
- No net increased of staff review and approval costs (complexity that is offset by program streamlining efforts of the new of modified landfills.
The estimated costs are $18,000 in FY 05 and are a one time costs.
The following assumptions were made in this determination:
- Hourly staff cost is $40 per hour (salary plus fringes),
- Developing guidance for staff, designers and owner/operators to use in their review and designs, will significantly reduce the staff and information resources needed to implement the rules in landfill designs.
- While the rule revisions will result in some extra resources being expended, the streamlining rule revisions will reduce the staff and information resources and result in a net resources increase/decrease of zero.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site:
http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Dennis Mack, Bureau of Waste Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until September 17, 2004. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Mr. Mack.
Notice of Proposed Rule
Revenue
Notice is hereby given that, pursuant to s.
227.11 (2) (a), Stats., and interpreting ss.
71.01 (8r),
71.42 (3m),
71.63 (1m) and
(5m),
71.65 (3) (a),
73.029,
77.58 (1m),
77.61 (14),
77.96 (5m),
78.12 (5),
78.55 (5m),
139.01 (5m),
139.30 (8m) and
139.75 (5m), Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Department of Revenue will adopt the following rules as proposed in this notice without public hearing unless, within 30 days after publication of this notice on
August 1, 2004, it is petitioned for a public hearing by 25 natural persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule:
Analysis by the Department of Revenue
Statutes interpreted: ss.
71.01 (8r),
71.42 (3m),
71.63 (1m) and
(5m),
71.65 (3) (a),
73.029,
77.58 (1m),
77.61 (14),
77.96 (5m),
78.12 (5),
78.55 (5m),
139.01 (5m),
139.30 (8m) and
139.75 (5m), Stats.
Explanation of agency authority: Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule: There is no related statute or rule that specifically addresses a requirement to make payments of certain installment agreements on overdue tax accounts using electronic funds transfer.
Plain language analysis: The Wisconsin statutes provide that the department may require electronic funds transfer only by promulgating rules. This rule is being promulgated so that the department may require electronic funds transfer for payments on overdue tax accounts meeting at least one of the following requirements:
•The initial overdue balance is at least $2,000.
•The installment agreement is for more than 2 years in length.
•The installment agreement was requested by an entity with an active business permit.
•The installment agreement is for a person with an out-of-state account.
• The payment history of the account dictates that it would be in the department's best interest to require electronic funds transfer.
Summary of, and comparison with, existing or proposed federal regulation: There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Comparison with rules in adjacent states: The department is not aware of a similar rule in an adjacent state.
Analysis and supporting documents used to determine effect on small business: The department has prepared a fiscal estimate regarding this proposed rule order. It was determined that there is not a significant fiscal effect on small business.
Anticipated costs incurred by private sector: This proposed rule order does not have a significant fiscal effect on the private sector.
Text of Rule
SECTION 1. Tax 1.12 (4) (a) (intro.) is revised, to reflect the creation of a new subdivision.
SECTION 2. Tax 1.12 (4) (a) 12. is created, to provide that payments of certain installment agreements on overdue tax accounts are required to be made by electronic funds transfer.
SECTION 1. Tax 1.12 (4) (a) (intro.) is amended to read:
Tax 1.12 (4) (a) (intro.). Except as provided in sub. (11), the department requires a person who owes taxes and fees as described in subds. 1. to 11. 12. to pay or deposit the taxes and fees using the EFT payment method. The following taxes and fees are included in the EFT payment requirement:
Note to Revisor: In the note at the end of Tax 1.12 (4) (a) (3), replace “Tax 11.001 (4)" with “Tax 11.001 (2) (d)".
SECTION 2. Tax 1.12 (4) (a) 12. is created to read:
Tax 1.12 (4) (a) 12. Installment agreement payments on overdue tax accounts, if at least one of the following requirements are met:
a. The initial overdue balance is at least $2,000.
b. The installment agreement is for more than 2 years in length.
c. The installment agreement was requested by an entity with an active business permit.
d. The installment agreement is for a person with an out-of-state account.
e. The payment history of the account dictates that it would be in the department's best interest to require EFT.
Note to Revisor: 1) In the example at the end of Tax 1.12 (5), replace the year “1999" with “2003" and the year “2000" with “2004".
2) Replace the note at the end of Tax 1.12(6) with the following:
Note: A request for an EFT registration packet may be made by calling the department's EFT unit at (608) 264-9918, by writing to EFT Unit, Wisconsin Department of Revenue, PO Box 8912, Madison WI 53708-8912, or by submitting an on-line form via the department's web site at
www.dor.state.wi.us.
Initial Regulatory Flexibility Analysis
This proposed rule order does not have a significant economic impact on a substantial number of small businesses.
Fiscal Estimate
The rule would require payment by electronic fund transactions of installment agreement payments on overdue tax accounts meeting certain conditions. The change may increase tax collections by reducing the default rate on installment agreements, but any revenue increase is not expected to be significant.
Contact Person
Please contact Dale Kleven at (608) 266-8253 or
dkleven@dor.state.wi.us, if you have any questions regarding this proposed rule order.
Notice of Hearing
Veterans Affairs
Notice is hereby given that the Department of Veterans Affairs will hold a public hearing on the 20th day of August, 2004, at 9:30 a.m., in the Learning Center at the Wisconsin Veterans Home at Union Grove, Wisconsin.
Analysis Prepared by the Department of Veterans Affairs
The creation of ss.
VA 2.02 (8) and
2.04 (3) (g) will determine the circumstances under which an applicant will satisfactorily complete a semester or course. The rule language would impose the requirement that the applicant receives at least a grade of “C" for a graded course or a “pass" or “satisfactory" determination for other courses for which a part-time study grant is sought or a t least a “C" average for the semester for which a tuition and fee reimbursement grant is sought. This requirement is similar to the requirement of the National Guard tuition grant under s.
21.49.
There is no current or pending federal regulations that address reimbursement for educational grants under state veterans' educational programs. There are no similar rules in adjacent states. This rule has no regulatory aspect to it, has no effect upon small businesses, nor any significant fiscal effect upon the private sector.
Initial Regulatory Flexibility Analysis
This rule is not expected to have any adverse impact upon small businesses.
Fiscal Estimate
The implementation of the rule is expected to result in an annual reduction in expenditures of approximately $28,782 in the part-time study grant program and $83,926 in the tuition and fee reimbursement grant program.
A copy of the proposed rules and the full fiscal estimate may be obtained by contacting:
John Rosinski
Wisconsin Department of Veterans Affairs
PO Box 7843
Madison, WI 53707-7843
Contact Person
John Rosinski (608) 266-7916
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to Sections
49.141 (5) (bm), as created by
2003 Wisconsin Act 173, and 227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules relating to the grievance procedure for resolving complaints of employment displacement under the Wisconsin Works program and affecting small business.
Hearing Information
Monday, August 16, 2004 at 1:30 p.m.
GEF 1 Building, Room B103
201 E. Washington Avenue
Madison
Interested persons are invited to appear at a 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
Federal law.
42 USC 607(f) and
45 CFR 261.70 prohibit an adult in a family receiving assistance under a state program funded by a federal Temporary Assistance for Needy Families (TANF) block grant from being employed or assigned to a position in the following circumstances:
•
Any other individual is on layoff from the same or any substantially equivalent job.
•
The employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy with a participant in a TANF-funded program.
States are required to establish and maintain a grievance procedure for resolving complaints of alleged violations of this prohibition.
Explanation of agency authority.
Section 49.141 (5) (am), Stats., as renumbered by
2003 Wisconsin Act 173, provides that no Wisconsin Works employment position may be operated so as to do any of the following:
•
Have the effect of filling a vacancy created by an employer terminating a regular employee or otherwise reducing its work force for the purpose of hiring a W-2 participant.
•
Fill a position when any other person is on layoff or strike from the same or a substantially equivalent job within the same organizational unit.
•
Fill a position when any other person is engaged in a labor dispute regarding the same or a substantially equivalent job within the same organizational unit.
Section
49.141 (5) (bm), Stats., as created by
2003 Wisconsin Act 173, directs the Department to promulgate rules specifying a grievance procedure for resolving complaints of alleged violations of the nondisplacement provisions.
Summary of the proposed changes. The current rule requires employers to provide a grievance procedure for regular employees to resolve complaints of employment displacement by a W-2 participant. The proposed rule provides that employers shall comply with the procedure developed by the Department.
The proposed rule requires each W-2 agency to designate staff responsible for receiving, investigating, and resolving complaints of violations of the nondisplacement provisions or maintain an agreement with a department grantee or contractor in the same locality to receive, investigate, and resolve such complaints. Each W-2 work training provider or employer of a participant in a W-2 employment position shall inform its employees of the right to file a complaint and provide information about how to obtain further information on the grievance procedure.
An employee, former employee, or employee's representative may file a written complaint with the W-2 agency or its designee that alleges facts that may constitute a violation of the nondisplacement provisions. The complaint must be filed within one year from the date of the alleged violation. Upon receipt of a complaint alleging a violation of the nondisplacement provisions, the W-2 agency or its designee shall investigate the complaint and assist the parties in attempting to reach an informal resolution to the complaint. If an informal resolution cannot be reached, the W-2 agency or its designee shall conduct a hearing within 30 calendar days from the date the complaint was filed. The W-2 agency or its designee shall issue a hearing decision to the parties within 60 calendar days from the date the complaint was filed.
A party may file a request for a department review within 10 days of receiving an adverse decision from the W-2 agency or its designee or within 15 days from the date the decision was due if the parties did not receive a decision. The review shall be conducted by the administrator of the department's division of workforce solutions. The department's final decision shall be issued within 30 calendar days from the date the request for departmental review was filed.
A W-2 employer or work training provider who is found to have violated any of the nondisplacement provisions may be subject to termination of existing W-2 or other work training agreements with the department or its contractors, termination of grants from the department or its contractors and disqualification for future grants, and disqualification for future work training agreements with the department or its contractors.
No employer or W-2 work training provider may retaliate against an employee, employee's representative, or witness who initiates or participates in the grievance procedure.
Summary of analytical methodology used to develop the proposed rule. The grievance procedure adopted for employment displacement by W-2 participants is similar to the grievance procedure that the Department developed for complaints of employment displacement by participants in employment and training programs funded by grants under the federal Workforce Investment Act (WIA) and Welfare to Work. (The Welfare to Work program no longer exists.)
The grievance procedure was developed to comply with federal WIA and Welfare to Work regulations at
20 CFR 667.600 and
20 CFR 645.270. The preamble to the TANF regulations recommends that states use one set of grievance procedures for the TANF and Welfare to Work programs, 64 Federal
Register 17797 (April 12, 1999). Although the Welfare to Work program no longer exists, the proposed rule allows for a common grievance procedure and a common complaint coordinator for complaints of employment displacement by participants in employment and training programs funded by grants under WIA and W-2.
Comparison with rules in adjacent states. Iowa. A complaint must be filed within one year with the program contractee. The contractee attempts to reach an informal resolution of the complaint. If informal resolution is not possible, a complainant may file a written appeal with the Department. The appeal procedures generally used for Department disputes are followed.
Illinois. A complaint may be filed with the Department. The Department holds an in-person conference to receive documents and statements and issues a decision.
Michigan. All complaints utilizing Michigan Department of Career Development/Office of Workforce Development funding sources follow the same complaint procedure. The complaint procedure is found in the WIA state plan.
Local agencies must make provisions for informal means to resolve complaints before they become grievances. If there is no informal resolution, the local agency conducts a hearing and issues a decision no later than 60 days from the date the grievance was filed. A grievance may be appealed to the Department and the Department may conduct a hearing. A decision is issued no later than 30 days after the filing of the appeal.
Minnesota. Minnesota has a state statute that applies to nondisplacement in union workplaces. They do not appear to have developed a grievance procedure that applies to all workplaces with a TANF-subsidized individual.
Anticipated costs incurred by private sector. There will be no significant fiscal effect on the private sector.
Effect on small business. The rule will affect privately-run W-2 agencies and small businesses that have a W-2 participant at their work site. The rule will not have a significant economic impact on a substantial number of small businesses.
Analysis and supporting documentation used to determine effect on small business. The rule merely outlines a procedure for resolving complaints. The grievance procedure is not expected to be used often.
Contact
The proposed rules are available at the web site
http://adminrules.wisconsin.gov by typing “grievance procedure" in the search engine. 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:
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 or through the
http://adminrules.wisconsin.gov web site no later than August 17, 2004, will be given the same consideration as testimony presented at the hearing.
Small Business Regulatory Coordinator
Hal Bergan
(608) 266-8533
Notice of Hearing
Workforce Development
NOTICE IS HEREBY GIVEN that pursuant to Sections
66.0903,
103.005 (1),
103.49, and
227.11, Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules relating to the prevailing wage rates on public works projects and affecting small business.
Hearing Information
Tuesday, August 17, 2004 at 1:30 p.m.
GEF 1 Building, Room B103
201 E. Washington Avenue
Madison
Interested persons are invited to appear at a 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
Explanation of agency authority. The Department of Workforce Development administers the statutory requirements that the prevailing wage rate must be paid for covered employees in a trade or occupation engaged in erection, construction, remodeling, repairing, or demolition on a state or local public works project.
Sections
66.0903 (1) (g) and
103.49 (1) (d), Stats., delineate how the Department determines the prevailing wage rate for a trade or occupation on a public works project. First, a survey is done to collect data on the hourly wage rates and hourly fringe equivalent rates for a trade or occupation in that area. If there is a majority of hours worked at a particular wage rate plus fringe equivalent rate, those rates become the prevailing wage rate for that trade. If there is no rate at which a majority of the hours worked in that trade is paid, a weighted average methodology applies based on the pay of the highest-paid 51% of hours worked in that trade or occupation on projects in that area.
Summary of the proposed changes. The statutory language on determining prevailing wage rates was enacted in
1995 Wisconsin Act 215. Since that time, the Department has had an informal policy of looking at the hourly wage rate and hourly fringe equivalent rate as separate figures and requiring an exact match of both the hourly rate of pay and the hourly fringe equivalent rate in determining whether there is a majority of hours worked in a trade or occupation at a particular rate.
The Department's policy of requiring an exact match of both the hourly wage rate and the hourly fringe equivalent rate has resulted in situations that do not seem to comply with the intent of the prevailing wage law. For example, if a collective bargaining agreement is renegotiated and the hourly wage rate is reduced to cover the increased cost of health insurance in the fringe equivalent, the hours worked under the two different agreements will be considered as hours worked at different rates even though the total economic benefit and liability is the same. Counting the rates under the original and renegotiated collective bargaining agreements with the same total economic benefit and liability as different rates means that the union rates may not be selected as the prevailing wage rates even if a majority of hours worked in a trade were by union workers.
Section
DWD 290.015 (3) provides that if the rates in a collective bargaining agreement are found to prevail for a particular trade in a particular area, any future increases or decreases in the collective bargaining agreement are to be included in the prevailing wage rate determinations. The proposed rule will make it less likely that a renegotiated collective bargaining agreement with the same total economic benefit and liability will negatively affect whether future increases or decreases under the collective bargaining agreement are incorporated in prevailing wage determinations. If the majority of hours worked in that trade in that area are by union workers, the future increases or decreases in the union contract will be reflected in the prevailing wage rates for that trade.
Under the proposed rule, the Department would determine whether there is a majority of hours reported that receive a total economic benefit that is the sum of the hourly rate of pay and hourly fringe equivalent. If there is a majority of hours worked at the rate that is that sum and there is more than one combination of hourly rates of pay plus hourly fringe equivalent rates that equal that sum, the prevailing wage rate will be the most commonly reported hourly basic rate of pay and corresponding hourly fringe equivalent rate that resulted in that sum.
Summary of analytical methodology used to develop the proposed rule. The statutory language that directs the Department to consider the “hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefits paid directly or indirectly, for a majority of the hours worked in the trade" could be interpreted to require either an exact match of the hourly wage rate and the hourly fringe equivalent rate as separate figures or a match of the hourly wage rate and fringe equivalent rate as a combined rate that is the sum of the two rates. The Department has determined that the method of using the sum of the hourly wage rate and the hourly fringe equivalent more closely complies with statutory intent.
Federal law. There are no federal prevailing wage rate regulations that apply to state or local public works projects. The federal prevailing wage regulations that apply to federally-funded public works projects determine the prevailing hourly rate of pay and the prevailing fringe equivalent as completely separate inquiries. Under the federal system, the resulting combination of the hourly rate of pay and fringe equivalent issued by the U.S. Department of Labor may result in a combination of hourly pay and fringe equivalent that is not the most commonly paid total economic benefit on private projects.
Comparison with rules in adjacent states. Iowa. No prevailing wage law.
Minnesota. The prevailing hourly wage rate is set at the most commonly paid hourly wage rate. The fringe equivalent rate is set at the most commonly paid rate at that hourly wage rate.
Michigan. The prevailing wage rates are the collective bargaining agreement rates.
Illinois. Only employers who do work on public works projects are surveyed. The prevailing rates are the most commonly paid wage rates and the corresponding fringe equivalent rates.
Anticipated costs incurred by private sector. There will be no significant fiscal effect on the private sector.
Effect on small business.
The proposed rule will affect small business as defined in s.
227.114 (1), Stats., but the rule will not have a significant economic impact on a substantial number of small businesses.
Analysis and supporting documentation used to determine effect on small business. Small businesses will have increased flexibility to offer “cafeteria-style" benefit plans to their employees and have their wage rates selected as the prevailing wage.
The proposed rules are available at the web site
http://adminrules.wisconsin.gov by typing “prevailing wage" in the search engine. 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:
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 or through the
http://adminrules.wisconsin.gov web site no later than August 18, 2004, will be given the same consideration as testimony presented at the hearing.
Small Business Regulatory Coordinator
Hal Bergan
(608) 266-8533
