Title 44, Part 10 of the Illinois Administrative Code implements the Business Enterprise for Minorities, Females, and Persons with Disabilities Act (30 ILCS 575). This Act establishes a goal that at least 12 percent of contracts awarded by state agencies subject to the Act be awarded to businesses which are owned and controlled by minorities, females, or persons with disabilities. These businesses typically cannot have gross sales over the previous three years of $31.4 million or more, including sales from any affiliates. The Act also allows for certain special treatment in contracting with certified businesses; and establishes a Council, Secretary, and, in the Department of Central Management Services, a program function to implement and oversee the Act. Section
10.30 of Part 10 addresses the roles of the State agencies and the Council in achieving compliance with the contract-awarding goals. Under section 10.50, only certified businesses are eligible for the benefits of the Business Enterprise program, and state agencies can count only those expenditures with a certified vendor, or subcontractor, toward meeting the contract-awarding goals. The certification rules in sections 10.50 to 10.72 are similar to the rules proposed in chapter Comm 103 in addressing the application process, documentation of majority ownership and control, issuance or denial of the credential, consideration of certification by another entity, reconsideration, decertification, appeals, and recertification. The rules proposed in chapter Comm 103 differ by applying more narrowly to only veterans with disabilities, by not being limited to just small businesses, and by not accepting certifications from private-sector entities.
Michigan:
No information was found relating to certification of disabled-veteran-owned businesses.
Summary of factual data and analytical methodologies
The data and methodology for developing these proposed rules were derived from and consisted of incorporating the criteria in section
560.0335 of the Statutes; incorporating many of the best practices the Department has developed in its current, similar programs for certifying minority-owned businesses and woman-owned businesses; and reviewing Internet-based sources of related federal, state, and private-sector information.
Analysis and supporting documents used to determine effect on small business
The primary document that was used to determine the effect of the rules on small business was
2009 Wisconsin Act 299. This Act requires the Department to promulgate rules for certifying disabled-veteran-owned businesses. However, this Act does not require these businesses to become certified, and the proposed rules do not require this certification.
Effect on Small Business
The proposed rules are not expected to impose a negative effect on small business, because the rules only address applying for, receiving, and maintaining voluntary credentials.
Initial regulatory flexibility analysis
1. Types of small businesses that will be affected by the rules.
Businesses that qualify and want to become certified as a disabled veteran-owned business.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Each applicant must (1) complete and submit a Department-supplied application, (2) subsequently notify the Department of any changes to the information contained in the application, and (3) complete and submit a Department-supplied application for recertification, for continuation of the certification beyond each three-year certification period.
3. Types of professional skills necessary for compliance with the rules.
No new professional skills would be necessary for compliance with the rules.
4. Rules have a significant economic impact on small businesses?
No.
Small business regulatory coordinator
Any inquiries for the small business regulatory coordinator for the Department of Commerce can be directed to Sam Rockweiler, as listed above.
Environmental Analysis
The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
State fiscal effect
Increase existing revenues.
Increase costs — May be possible to absorb within agency's budget.
Local government costs
None.
Fund sources affected
Pro.
Long-range fiscal implications
None known.
Assumptions used in arriving at fiscal estimate
The applications submitted under this program, as established under
2009 Wisconsin Act 299, will include revenues that will offset the Department's costs in administering this new program.
The Department estimates that 300 businesses will maintain the credential under this program, at an annual fee of $50.
The rules are not expected to impose any significant, mandated costs on the private sector, because the rules only address applying for, receiving, and maintaining voluntary credentials.
Agency Contact Person
Aggo Akyea
Wisconsin Department of Commerce
Division of Business Development
201 West Washington Avenue, Madison, WI 53703
Telephone: (608) 261-7729
Notice of Hearing
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100—
NOTICE IS HEREBY GIVEN that pursuant to Section
45 (1) (b) of
2009 Wisconsin Act 265, the Department of Commerce will hold a public hearing on emergency rules to create Chapter
Comm 139, relating to rural outsourcing grants, and affecting small businesses.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
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February 16, 2011
Wednesday
10:30 a.m.
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Third Floor, Room 3B
Thompson Commerce Center
201 W. Washington Avenue
Madison, WI
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This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at (608) 266-0797 or at Contact Through Relay at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Submittal of Written Comments
Interested persons are invited to appear at the hearing and present comments on the rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this rulemaking will remain open until
February 21, 2011, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. E-mail comments should be sent to
sam.rockweiler@wi.gov. If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.
Copies of Emergency Rule
The rule and an analysis of the rule are available by entering “Comm 139" in the search engine at the following Web site:
https://health.wisconsin.gov/admrules/public/ Home. Paper copies may be obtained without cost from Sam Rockweiler at the Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53707, or at
sam.rockweiler@wi.gov in
2009 Wisconsin Act 265., or at telephone (608) 266-0797, or at Contact Through Relay. Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Explanation of agency authority
SECTION 45 (1) (b) in
2009 Wisconsin Act 265 requires the Department to promulgate rules for awarding the rural outsourcing grants established in SECTION 45 (1). Section
227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting the provisions of any Statute administered by the Department.
Related statute or rule
The Department has rules for several other programs associated with economic and business development grants, but those programs are not targeted specifically to grants to businesses for outsourcing work to rural municipalities.
Summary of rule
The rules in this order redefine the businesses that are eligible for the rural-outsourcing grants awarded under SECTION 45 (1) in
2009 Wisconsin Act 265.
Summary of, and comparison with, existing or proposed federal regulations
No similar existing or proposed federal regulations or programs were found through review of the Code of Federal Regulations and pertinent federal agency Web sites – including at the US Department of Agriculture, the US Department of Commerce, the US Economic Development Administration, and the US Small Business Administration.
Comparison with rules in adjacent states
Review of existing rules and programs in adjacent States and review of proposed state legislation through the National Conference of State Legislatures did not reveal any similar rules or programs in the adjacent States.
Summary of factual data and analytical methodologies
The data and methodology for developing these rules were derived from and consisted of (1) incorporating the applicable criteria in SECTION 45 in
2009 Wisconsin Act 265; (2) incorporating applicable best practices the Department has developed in administering similar programs for economic and business development, and (3) reviewing Internet-based sources of related federal, state, and private-sector information.
Analysis and supporting documents used to determine effect on small business
The primary documentation that was used to determine the effect of the rules on small business was SECTION 45 (1) in
2009 Wisconsin Act 265. This SECTION authorizes the Department to award grants to businesses for outsourcing work to rural municipalities and requires the Department to promulgate rules for administering the program. This SECTION applies its private-sector requirements only to businesses that chose to apply for the grants.
Effect on Small Business
The rules are not expected to impose significant costs or other impacts on small businesses because the rules address submittal of documentation only by applicants that choose to pursue grants for outsourcing work to rural municipalities.
Initial regulatory flexibility analysis
1. Types of small businesses that will be affected by the rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
An application form prescribed by the Department must be completed and submitted to the Department.
3. Types of professional skills necessary for compliance with the rules.
No new professional skills are necessary for compliance with the rules.
4. Rules have a significant economic impact on small businesses.
No.
Small business regulatory coordinator
Any inquiries for the small business regulatory coordinator for the Department of Commerce can be directed to Sam Rockweiler, as listed above.
Fiscal Estimate
State fiscal effect
