Scope statements
Administration
Subject
2005 Wisconsin Act 89 (“Act 89") renumbered and amended s.16.705 (8), Stats., amended s. 16.705(1) and (2), Stats., and created ss. 16.70 (3g) and 16.705 (8) (a) and (b), Stats., in order to prescribe uniform procedures for determining whether services are appropriate for contracting under the State procurement system.
Policy analysis
The department intends to promulgate rules as required by Act 89 to require a cost-benefit analysis to be completed for each bid or request for proposal to compare the cost of contracting for services versus providing the services with state employees.
Currently, all state agencies and UW System campuses may contract for services between $25,000 and $200,000 if they can show that the services can be performed more economically or efficiently by such a contract than by state employees. Currently, if the contractual services would be greater than $200,000, the contracting agency must complete a more rigorous and detailed cost/benefit analysis to demonstrate that the services can be performed more economically or efficiently by such a contract than by state employees. This more rigorous and detailed analysis includes total cost, quality and nature of services required, specialized skills, time factors, risk factors and legal barriers. Act 89 requires agencies to conduct uniform cost-benefit analysis of each proposed contractual service procurement involving an estimated expenditure of more than $25,000 in accordance with standards prescribed in the rules. Cost benefit-analysis is defined to include total cost, quality, technical expertise and timeliness of a service.
Act 89 also requires agencies to review periodically, and before any renewal, the continued appropriateness of contracting under each services agreement involving an estimated expenditure of more than $25,000. Act 89 requires the department to complete an annual summary report of the cost benefit-analysis prepared by state agencies in the preceding fiscal year and recommendations for elimination of unneeded contractual service procurements and for the consolidation or resolicitation of existing contractual service procurements.
Statutory authority
Staff time required
The amount of staff time needed to develop the rule may range from 200-500 hours based upon its complexity. This estimate includes review and comment by the affected agencies as well as DOA staff.
Entities affected by the rule
All state agencies and UW System campuses.
Comparison with federal regulations
This proposed rule is specific to State of Wisconsin procurement laws and is completely separate from, and unaffected by, federal regulations.
Administration
Subject
Objective of the rule. To amend Ch.
Adm 47 to reflect statutory changes made to the land information program in
2005 Wisconsin Act 25 and to make the rule consistent with the August 2004
Report to the Governor and Legislature on the Wisconsin Land Council and Land Information Board, “An Evaluation of Functions, Activities and Future Directions." This report was a consensus document developed by the Department of Administration, the Wisconsin Land Information Board and the Wisconsin Land Council. Among other things, the report provided guidance for implementation of the Wisconsin Land Information Program after the sunset of the Land Information Board. To accomplish the proposed changes to the program requires a revision of the governing administrative rule, ch.
Adm 47, Wisconsin Land Information Program - Grants-In-Aid to Local Government.
Policy analysis
The former Wisconsin Land Information Board was the grant and program decision making body.
Adm 47.04 (2) provides the land information system base budget grants eligible shall be less than $35,000 for the preceding fiscal year.
New Policy:
All references to the Land Information Board, which sunset July 1, 2005, will be changed to the Department of Administration;
Eligibility changes to allow the program to award “Base Budget" grants to counties who have less than $50,000 in retained fees.
Policy Alternative: Continue operations under existing policy. Because the statute governs the program, the Department of Administration can continue to award grants using the current eligibility requirements.
Statutory authority
Staff time required
Approximately 40 hours of staff time to develop the rule.
Entities affected by the rule
County Land Information Offices (represented by their Land Information Officer Network organization), Wisconsin Land Information Association.
To facilitate participation and support in the rule revision process by the various parties in the August 2004 agreement, we will create an informal work group that can provide guidance and feedback as we draft and modify the rule before the formal public hearing that is required in the rule making process. Several members of the Wisconsin Land Information Association, Land Information Officers Network and a former member of the Land Information Board have requested to be involved in the rule revision process.
Comparison with federal regulations
There are no proposed or existing federal regulations that address the activities contemplated by this proposed rule.
Elections Board
Subject
Create s. ElBd 7.04 to require, pursuant to s.
7.08 (6), Stats., the establishment of a voting system audit procedure and to require compliance with that audit procedure by municipalities and counties in this state.
Policy analysis
Objective of the rule. To create a rule that requires the Elections Board to establish an audit procedure to measure the performance of each voting system used in this state by determining the error rate of the system in counting ballots that are validly cast by electors. The rule will also require compliance with that audit procedure by municipalities and counties in this state.
Description of policies – relevant existing policies, proposed new policies and policy alternatives considered:
Under s.
7.08 (6), Stats., “Following each general election, the elections board shall audit the performance of each voting system used in this state to determine the error rate of the system in counting ballots that are validly cast by electors." Also, “if the error rate exceeds the rate permitted under standards of the federal election commission in effect on October 29, 2002, the board shall take remedial action and order remedial action to be taken by affected counties and municipalities to ensure compliance with the standards." The rule requires the board to establish, based on the applicable federal standards, an audit procedure that will be followed by it and by counties and municipalities in determining voting system error rate and that will ensure compliance with the federal standards.
The board's staff is in the process of developing the audit procedure and, when completed, that audit procedure will be disseminated to each county and municipality in Wisconsin.
Statutory authority
Staff time required
At least 20 hours of state employees' time.
Entities affected by the rule
The rule will affect each municipality and county in Wisconsin by requiring each of them to ensure the ballot counting effectiveness of their voting system by complying with the audit procedure established by the elections board. That audit procedure will be based on the error rate standards set by the federal election commission on October 29, 2002.
Comparison with federal regulations
A summary and preliminary comparison of any existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
The rule is intended to implement the voting system accuracy or error rate standards set by the federal election commission in effect on October 29, 2002.
Regulation and Licensing
Subject
Creation of rules to reflect the newly created statutory requirements for the transfer of credentialing authority of registered sanitarians to the Department of Regulation and Licensing. The rules will establish minimum standards and qualifications for licensure of registered sanitarians, set standards for sanitarians registered in other states to practice as registered sanitarians in this state, as well as define basis for discipline of credential holders.
Policy analysis
