Scope Statements
Administration
Subject
The rules will amend ch.
Adm 21 relating to advertising, bidding and award of construction contracts.
Policy Analysis
The Department of Administration proposes amending chapter Adm 21 to permit bidders and contractors to submit state construction project bids in an electronic format. Under the current rule, paper bid forms must be delivered in person or by mail service to the Department's office in Madison for a scheduled bid opening. This method is not equitable to all contractors throughout the State.
Based on customer input and current business practices relating to electronic data and information transmission, the Department has determined a strong need to offer electronic bidding for state construction projects. The proposed amendments will allow contractors throughout the State to have equal preparation time for submitting bids for state construction projects. The proposed rule amendment will also allow for distribution of construction bidding plans via an electronic media website.
This revision to the administrative code will allow for more efficient, competitive, current and up to date practices for design and construction of state facilities and the usage of those facilities.
Statutory Authority
Entities Affected by the Rule
Prospective bidders responding to the Department's proposals for specific construction projects.
Comparison with Federal Regulations
Part 4 of Title 48 of the Code of Federal Regulations provides policy and procedures for the establishment and use of electronic commerce in federal acquisitions (48CFR14). The policy states that the federal government shall use electronic commerce whenever practicable or cost-effective. Agencies may exercise broad discretion in selecting the hardware and software that will be used in conducting electronic commerce. Subpart 14.202-8, of Title 48 of the Code of Federal Regulations allows contracting officers to authorize use of electronic commerce for submission of bids. If electronic bids are authorized, the solicitation shall specify the electronic commerce method(s) that bidders may use.
Estimate of Time Needed to Develop the Rule
Approximately 80 hours of department staff time will be needed to promulgate the rules.
Agriculture, Trade and Consumer Protection
Subject
The rules affect ch.
ATCP 35, relating to the prevention of pollution from agricultural chemicals.
Objective of the Rule
Amend the existing rule to address new statutory language that establishes a financial assistance program for capital improvements designed to prevent pollution from agricultural chemicals. Amend the rules to delineate which businesses, projects and costs are eligible for financial assistance, how businesses would apply for the financial assistance, how applications would be evaluated, and how payments would be issued.
Policy Analysis
The Agricultural Chemical Cleanup Program rule (ATCP 35) makes reimbursement payments to responsible persons that have cleaned up agricultural chemical discharges. ATCP 35 has a maximum cap of $400,000 in eligible costs for any one discharge site that has been expanded to $500,000 under the recent statutory addition of s.
94.74, Stats. The increased cap is to allow for additional payments for costs of capital improvements designed to prevent pollution from agricultural chemicals. The department proposes to update this rule to address changes resulting from the new statutory language. The department may also renumber or reorganize ch.
ATCP 35, as necessary.
There is no alternative. The statutes require the department to promulgate rules to implement this financial assistance program.
Statutory Authority
Entities Affected by the Rule
Businesses that handle or store fertilizers or pesticides.
Estimate of Time Needed to Develop the Rule
DATCP estimates that it will use approximately 0.5 FTE staff to develop this rule. This includes research, drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Employee Trust Funds
Subject
The proposed rules affect ch.
ETF 70, relating to the start date for phasing out a primary or alternate plan and to emergency withdrawals for beneficiaries.
Objective of the Rule
The proposed modifications concern adjusting the start date for phasing out a primary or alternate plan in order to reduce complications associated with the phase out, and also expands financial emergency hardship withdrawals to include hardships for a named beneficiary.
Policy Analysis
Fund Phase Out Process
Currently, s.
ETF 70.08 (3) requires that phase one of the 12-month fund removal process begin on January 1 of the year following the Deferred Compensation Board's (Board) decision to remove a fund from the program. At the end of the phase out process, any remaining accounts left in the closed fund are moved to the Board's default fund. By starting the process on January 1, the end of phase two of the process is supposed to occur on December 31 of that calendar year.
These modifications are prompted by recent experiences in closing out funds on December 31. It was evident that closing a fund at the end of a calendar year creates complications for all involved because the action occurs at a time when there are end-of-year valuations, reconciliation activities, reports being issued, and additional days that the financial markets are closed. All of these events occur at approximately the same time. By eliminating the January start date, and permitting the process to begin six months after the Board has made a fund removal decision, these problems will be eliminated. This change would create a rolling closure window outside of end-of-calendar year complications and still allow enough time to notify participants of the pending closure. For example, if the Board decides in May 2008 to close a fund, the process would begin on November 1, 2008, and conclude on April 30, 2009.
Emergency Hardship Withdrawal
Currently, s.
ETF 70.10 allows a participant to make an emergency hardship withdrawal. The federal Pension Protection Act of 2006 expanded financial emergency hardship withdrawals to include hardships for a named beneficiary. However, the Wisconsin Deferred Compensation
Plan and Trust Document and s.
ETF 70.10 are inconsistent on this matter. The
Plan and Trust Document already provides for this type of expansion in the law. Now, it is necessary to revise the administrative rule in order to allow this expansion.
Definition of Beneficiary
This modification adds “beneficiary" to the applicable subsections of s.
ETF 70.10. The rule also adds the definition of “beneficiary to s.
ETF 70.02, the definitions section of the existing rule. The definition of “beneficiary" is the same as that in s.
40.02 (8), Stats.
Statutory Authority
Entities Affected by the Rule
The proposed modification would affect the Board and the Department itself.
Comparison with Federal Regulations
This action will make the administrative code consistent with the Plan document and clarify any confusion about compliance with the Pension Protection Act of 2006.
Estimate of Time Needed to Develop the Rule
The Department estimates that state employees will spend 20 hours to develop this rule.
Public Instruction
Subject
The rules affect ch.
PI 22, relating to the minority group pupil precollege scholarship program.
Objective of Rule
The objective of the rule is to change the scholarship eligibility criteria from being a minority pupil to being an economically disadvantaged pupil.
Policy Analysis
