Register

FEB--Cover_F15

Wisconsin

Administrative

Register

No. 482

Publication Date: February 14, 1996

Effective Date: February 15, 1996

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

TOC_F15

T a b l e o f C o n t e n t s

1) NOTICE SECTION.
Administration:	Hearing to consider ch. Adm 9, relating to contract administration fees and subscription service. (p. 5)
Agriculture, Trade & Consumer Protection:	Hearings to consider repealing and recreating ch. ATCP 50, relating to the Soil and Water Resource Management Program. (p. 6) Hearings to consider revision to ch. ATCP 100, relating to milk producer payroll statements and price discrimination in milk procurement. (p. 15)
Dentistry Examining Board:	Proposed amendment to ss. DE 2.03 and 5.02, relating to license renewal and a cross-reference correction. (p. 17)
Elections Board:	Proposed amendment to s. El Bd 6.04, relating to filing documents by facsimile (FAX) process. (p. 17)
Health & Social Services:	Health, Chs. HSS 110-- Hearings to consider revision to chs. HSS 110 to 112, relating to authorized actions of emergency medical technicians (EMTs). (p. 18)
Industry, Labor & Human Relations:	Electrical, Volume 2, Ch. ILHR 16 Hearings to consider revision to ch. ILHR 16, relating to the electrical code, volume 2. (p. 19)
Insurance, Office of the Commissioner of:	Hearing to consider revision to s. Ins 18.07, relating to 1996-97 premium rates for the Health Insurance Risk-Sharing Plan (HIRSP). (p. 20) Hearing to consider s. Ins 18.13 (5), relating to creating a network of providers for HIRSP providing services at a discount. (p. 20)
2) EMERGENCY RULES NOW IN EFFECT.
Agriculture, Trade & Consumer Protection:	Rules relating to price discrimination in milk procurement. (p. 21)
Corrections:	Rules relating to supervision fees for probationers and parolees. (p. 21)
Development:	Rules relating to the Community-Based Economic Development Program. (p. 22) Rules relating to volume cap on private activity bonds. (p. 22)
Emergency Response Board:	Rules relating to a grant for local emergency planning committees. (p. 22)
Gaming Commission:	Rules relating to the conduct of raffles. (p. 23)
Health & Social Services:	Community Services, Chs. HSS 30-- Rules relating to treatment foster care for children. (p. 23) Rules relating to use of community long-term support funds for community-based residential facilities (CBRF) residents. (p. 23)
Health & Social Services:	Health, Chs. HSS 110-- Rules relating to qualifications of ambulance service medical directors. (p. 23) Rules relating to estate recovery under aid programs. (p. 24) Rules relating to 3 pilot projects. (p. 24) Rules relating to lead poisoning prevention grants. (p. 25) Rules relating to authorized actions of emergency medical technicians-basic. (p. 25) Rules relating to authorized action of EMTs-intermediate and -paramedic. (p. 25)
Health & Social Services:	Economic Support, Chs. HSS 200-- Rules relating to county relief programs funded by block grants. (p. 26) Rules relating to tribal medical relief program. (p. 26) Rules relating to a benefit cap pilot project under the AFDC program. (p. 26)
Health & Social Services:	Youth Services, Chs. HSS 300-- Rules relating to aftercare conduct and revocation. (p. 26)
Industry, Labor & Human Relations:	Petroleum Products, Ch. ILHR 48 Rule relating to labeling of oxygenated fuels. (p. 27)
Industry, Labor & Human Relations:	Building & Heating, etc., Chs. ILHR 50-64 Multi-Family Dwelling, Ch. ILHR 66 Rules relating to multi-family dwellings. (p. 27)
Insurance, Commissioner of:	Rules relating to fees for listing agents and to the renewal of corporation licenses. (p. 28) Rules relating to credit life insurance. (p. 28) Rules relating to cost-containment rules. (p. 28)
Public Defender:	Rules relating to redetermination of indigency. (p. 28) Rules relating to repayment of cost of legal representation. (p. 28) Rules relating to payment of attorney fees. (p. 28)
Public Instruction:	Rules relating to substitute teacher permits, special education program aide licenses, principal licenses and general education components. (p. 29) Rules relating to interim alternative educational settings for children with exceptional educational needs (EEN) who bring firearms to school. (p. 29)
Regulation & Licensing:	Rules relating to license renewal when delinquent taxes exist. (p. 29)
Revenue:	Rules relating to assessment of agricultural property in 1996. (p. 30)
Transportation (Dept.):	Rule relating to the urban mass transit operating assistance program. (p. 30) Rule relating to motor vehicle inspection and maintenance program (MVIP). (p. 30)
3) NOTICE OF SUBMISSION OF PROPOSED RULES TO THE PRESIDING OFFICER OF EACH HOUSE OF THE LEGISLATURE, UNDER S. 227.19, STATS.
Health & Social Services:	(CR 95-90) - Ch. HSS 86
Health & Social Services:	(CR 95-113) - Ch. HSS 94
Health & Social Services:	(CR 95-186) - SS. HSS 108.02, 152.065, 153.07 and 154.07
Industry, Labor & Human Relations:	(CR 95-183) - SS. ILHR 48.01 and 48.10
Industry, Labor & Human Relations:	(CR 95-199) - S. ILHR 51.01 and chs. ILHR 57 & 66
Natural Resources:	(CR 95-191) - Chs. NR 20, 21, 22 & 26 and s. NR 23.05
Optometry Examining Board:	(CR 95-142) - Chs. Opt 3 & 4 and ss. Opt 5.08, 6.04, 6.05 & 7.05
Public Defender:	(CR 95-219) - SS. PD 6.015, 6.025, 6.06, 6.07 and 6.08
Public Defender:	(CR 95-224) - S. PD 1.04 (5) & (7)
Public Defender:	(CR 95-230) - SS. PD 3.02 (1) and 3.04 (1)
Regulation & Licensing	(CR 95-141) - S. RL 10.04 (1) and (2)
Transportation, Dept. of:	(CR 95-115) - Ch. Trans 131
4) ADMINISTRATIVE RULES FILED WITH THE REVISOR OF STATUTES BUREAU.
Accounting Examining Board:	(CR 95-138) - SS. Accy 3.04, 3.05, 3.055, 3.09, 3.11 and 4.035
Agriculture, Trade & Consumer Protection:	(CR 95-112) - Ch. ATCP 136
Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors Examining Board:	(CR 95-136) - SS. A-E 2.05, 3.05, 4.05, 4.06, 4.08, 5.04, 6.05, 9.05 and 10.05
Development:	(CR 95-164) - Ch. DOD 13
Health & Social Services:	(CR 95-106) - Ch. HSS 343
Health & Social Services:	(CR 95-155) - S. HSS 110.045
Industry, Labor & Human Relations:	(CR 94-132) - Chs. ILHR 2 and 13
Insurance, Office of the Commissioner of:	(CR 94-24) - SS. Ins 3.49, 4.10, 17.001, 18.05, 18.07, 18.12 & 18.15 and ch. Ins 5
Insurance, Office of the Commissioner of:	(CR 95-154) - S. Ins 3.25
Insurance, Office of the Commissioner of:	(CR 95-175) - SS. Ins 6.57, 6.58 and 6.59
Natural Resources:	(CR 95-85) - Ch. NR 51
Natural Resources:	(CR 95-91) - S. NR 728.11
Pharmacy Examining Board:	(CR 95-135) - SS. Phar 6.02, 8.05 and 13.02
Public Defender:	(CR 95-170) - SS. PD 6.01, 6.02, 6.03, 6.04 and 6.05
Public Defender:	(CR 95-171) - S. PD 3.039
Transportation, Dept. of:	(CR 95-87) - Ch. Trans 140
5) PUBLIC NOTICE.
Health & Social Services:	Public notice relating to Medical Assistance (MA) reimbursement of providers of dental services. (p. 33)

Notices_F15

N o t i c e S e c t i o n

Department of Administration

Notice is hereby given that pursuant to ss. 16.701, 16.702 and 16.004 (1), Stats., and interpreting ss. 16.701 and 16.702, Stats., the Department of Administration will hold a public hearing at the time and place indicated below to consider the creation of ch. Adm 9, Wis. Adm. Code, relating to contract administration fees and subscription service.

Hearing Information

February 29, 1996   Room 1A

Thursday   (St. Croix Room)

9:00 a.m.   101 East Wilson St.

  MADISON, WI

The hearing site is accessible to people with disabilities.

Written Comments

Interested people are invited to present information at the hearing. People appearing may make an oral presentation, but are urged to submit facts, opinions and arguments in writing as well. Facts, opinions and arguments may also be submitted in writing without a personal appearance, by mail addressed to:

Jan Abrahamsen, [phone]

TTY [phone]

Bureau of Procurement

Dept. of Administration

101 E. Wilson St., 6th Floor

P.O. Box 7867

Madison, WI 53707-7867

Written comments must be received by March 8, 1996 to be included in the record of the rule-making proceedings.

Analysis Prepared by the Department of Administration

Statutory Authority: ss. 16.701, 16.702 (1), (3) and 16.004

Statutes Interpreted: ss. 16.701 and 16.702

Sections 16.701 and 16.702, Stats., created in 1995 Wis. Act 27, authorize the Department of Administration to provide revenue for state information technology development through a fee on vendors who do business with the State. The proposed rule establishes a contract administration fee to be paid by providers of materials, supplies, equipment or contractual services to agencies under s. 16.75, Stats., in connection with transactions in excess of the amount indicated in s. 16.75 (1) (c), Stats., which is currently $10,000. The proposed rule also establishes the fee for a subscription service provided by the state which will contain current information to prospective vendors concerning state procurements.

Text of Rule

SECTION 1. Chapter Adm 9 is created to read:

Chapter Adm 9

CONTRACT ADMINISTRATION FEES

AND SUBSCRIPTION SERVICE

Adm 9.01 Authority. This chapter is promulgated under the authority of ss. 16.701, 16.702 (1) and (3), and 16.004, Stats., to implement ss. 16.701 and 16.702, Stats.

Adm 9.02 Purpose. The purposes of this chapter are to:

(1) Establish a contract administration fee to be paid by providers of materials, supplies, equipment or contractual services to state agencies.

(2) Establish a fee for providing a subscription service containing current information of interest to prospective vendors concerning state procurement opportunities.

Adm 9.03 Definitions. In this chapter:

(1) “Department” means the department of administration.

(2) “Subscription service” means a service provided by the department to prospective vendors regarding state procurement opportunities, statistical information relating to state procurements, or other relevant procurement information.

(3) “Vendor” means any private business entity which is a party to a procurement transaction under s. 16.75, Stats., and has a separate federal employer identification number (FEIN), or social security number for those businesses not having a FEIN.

Adm 9.04 Contract administration fee. Unless otherwise provided in this chapter, every vendor providing materials, supplies, equipment or contractual services to agencies under s. 16.75, Stats., in connection with transactions in excess of the amount indicated in s. 16.75 (1) (c), Stats., shall pay a contract administration fee as provided in s. Adm 9.05.

Adm 9.05 Schedule of fees. The schedule of contract administration fees shall be:

(1) A fee of $300 for each contract awarded if the amount of the contract is in excess of the amount indicated in s. 16.75 (1) (c), Stats., but less than $50,000.

(2) A fee of $1,000 for each contract awarded if the amount of the contract is $50,000 or more but less than $100,000.

(3) A fee of $3,000 for each contract awarded if the amount of the contract is $100,000 or more but less than $1,000,000.

(4) A fee of $5,000 for each contract awarded if the amount of the contract is $1,000,000 or more.

(5) In addition to the fees provided in subs. (1) to (4), a fee equal to the amount indicated in subs. (1) to (4) for each subsequent year of multi-year contracts.

(6) In the event that a specific dollar amount is not known for a contract or subsequent year of a multi-year contract, then the vendor shall pay a contract administration fee as provided in subs. (1) to (4), based on the estimated value made by the department of the goods or services to be provided by a vendor over the contract period or in the case of a contract which runs for more than one year, the estimated value for each 12 month period or partial period beyond the first 12 month period of an awarded contract.

(7) If more than one vendor is awarded a contract in connection with a particular procurement and it is not possible to estimate the amount each vendor will receive, then each vendor shall pay a fee as provided in subs. (1) to (5), on a contract amount determined by dividing the entire amount or estimated amount of the procurement by the total number of vendors except that each vendor shall pay a fee of at least $300.

Adm 9.06 Nonpayment of fees. Failure to pay the fees required by s. Adm 9.05 (1) to (5) within 5 working days after issuance of a notice of intent to award a contract or renewal of a contract, shall void the notice of intent to award or renewal of a contract and the bidder or proposer shall be ineligible for the contract or renewal of a contract.

Adm 9.07 Waiver and extension. (1) The department may waive a fee:

(a) For a vendor who is the only source available for a particular procurement.

(b) Where the department determines that it is in the best interests of the state to proceed with the procurement without payment of the fee.