Summary of factual data and analytical methodologies
The proposed rules were developed by reviewing the provisions under
2009 Wisconsin Act 390 in conjunction with the following documents:
•
ASTM F 1938, Standard Guide for Safer Use of Movable Soccer Goals, 2009.
•
ASTM F 2056, Standard Safety and Performance Specification for Soccer Goals, 2009.
•
ASTM F 2673, Standard Safety Specification for Special Tip-Resistant Movable Soccer Goals, 2008.
•
Consumer Product Safety Commission's, Guidelines for Movable Soccer Goal Safety.
Analysis and supporting documents used to determine effect on small business
The proposed rules implement the mandates of
2009 Wisconsin Act 390 regarding the securing of movable soccer goals. The rules would apply to all existing and future movable soccer goals. The department does not believe that the proposed rules will increase the effect on small businesses over the mandates of the Act.
Effect of Small Business
An economic impact report has not been required pursuant to s.
227.137, Stats.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
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
None.
Local government costs
None.
Long-range fiscal implications
No long-range fiscal implications are anticipated.
Assumptions used in arriving at fiscal estimate
Under the mandates of
2009 Wisconsin Act 390, the proposed rules establish minimum standards for the securing of movable soccer goals to lessen the likelihood of the goals tipping over or overturning. The proposed rules apply to both existing and new movable soccer goals. The proposed rules reflect guidelines of the Consumer Product Safety Commission. Owners of moveable soccer goals would be responsible for facilitating proper anchorage. Owners would include any political subdivision of the state, such as school districts, municipal recreational departments and public universities. It is believed that most owners posses the necessary equipment or means to anchor their soccer goals; the unknown variable is whether the necessary time and effort is taken for anchorage when a goal is relocated. The department does not believe that compliance with the rules will impose a significant cost to owners.
Agency Contact Person
James Quast, Program Manager
(608) 266-9292
Notice of Hearing
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100—
NOTICE IS HEREBY GIVEN that pursuant to section
560.0335 (4) of the Statutes, the Department of Commerce will hold a public hearing on emergency rules and proposed permanent rules to create Chapter
Comm 103 relating to a disabled veteran-owned business certification program, and affecting small businesses.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
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February 15, 2011
Tuesday
1:00 p.m.
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Third Floor, Room 3B
Thompson Commerce Center
201 W. Washington Avenue
Madison, WI
|
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 proposed 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 18, 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 Proposed Rules
The proposed rules and an analysis of the rules are available by entering “Comm 103" 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 Email at
sam.rockweiler@wi.gov, 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
227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting the provisions of any Statute administered by the Department. Section
560.0335 (4) directs the Department to promulgate rules for certifying disabled-veteran-owned businesses.
Related statute or rule
Chapters
Comm 104 and
105 contain the requirements for the Department's Woman-Owned Business Certification program and Minority Business Certification program, respectively. Although the statutory directives for those two programs differ somewhat from the statutory directives for certifying disabled-veteran-owned businesses, many of the best practices that the Department has developed in those two programs are extrapolative to certifying disabled- veteran-owned businesses.
Plain language analysis
The proposed rules primarily specify (1) which businesses are eligible for becoming certified in this program; (2) how to apply for certification and recertification; (3) how the certifications will be issued, renewed, and rescinded; and (4) how to appeal a decision by the Department. Parameters are also included for recognizing equivalent certifications that are issued by other public agencies.
Summary of, and comparison with, existing or proposed federal regulations.
Title 13 of the Code of Federal Regulations, Part 125, Subparts A thru E, address the definitions, eligibility requirements, contracting requirements, protest procedures, penalties, and records retention requirements under the federal Small Business Administration's Service-Disabled Veteran-Owned (SDVO) Small Business Concern (SBC) program. The purpose of the SDVO SBC program is to assist these businesses in obtaining a fair share of federal-government contracts, subcontracts, and property sales. An SDVO SBC is one in which at least 51 percent of the business is owned, controlled, and actively managed by service-disabled veterans – or in the case of a veteran with a permanent and severe disability, a spouse, surviving spouse, or permanent caregiver of the veteran. The SDVO SBC must also meet the small-size standards corresponding to the federal North American Industry Classification System code assigned to a contract at the time of the contract offer. Verification eligibility is for a 12-month period.
Title 38 of the Code of Federal Regulations, Part 74, addresses the application guidelines, oversight, and records management requirements of the U.S. Department of Veterans Affairs Center for Veterans Enterprise (CVE) VetBiz Vendor Information Pages (VIP) database. Eligibility for the CVE VIP is based on the type of ownership and control, and the absence of (1) debarment or suspension concerns, (2) false application statements, and (3) significant unresolved financial obligations to the federal government. Applications for the VetBiz VIP verification status must be filed electronically in the VIP database located at wwwVetBiz.gov.
Comparison with rules in adjacent states
An Internet-based search of state-level rules in Minnesota, Iowa, Illinois, and Michigan revealed the following information relating to certification of businesses that are owned by disabled veterans.
Minnesota:
Minnesota offers a targeted-group procurement program to help remedy the effects of past discrimination against members of targeted groups. To be considered under the program, a business must be designated as a targeted business by the Minnesota Commissioner of Administration. The criteria for this designation are included in chapter 1230 of the Minnesota Administrative Rules. This chapter addresses certification of small, targeted-group businesses that are at least 51-percent owned and operationally controlled on a day-to-day basis by socially disadvantaged persons, which by definition include individuals with a physical impairment that substantially limits one or more major life activities. This chapter is also 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; and use of either an informal review or a statutory, contested-case hearing process for appeals. The rules proposed in chapter Comm 103 differ by applying more narrowly to only veterans with disabilities, and by not being limited to just small businesses.
Iowa:
Chapter
54 of the rules of the Iowa Department of Economic Development establishes a targeted, small-business procurement program for promoting the growth, development, and diversification of small Iowa businesses that are owned by minorities, women and persons with disabilities. Chapter
55 of the rules of that Department establishes a targeted, small-business financial assistance program to assist women, minorities, persons with disabilities, and low-income individuals in establishing or expanding small business ventures in Iowa. Prior to participation in either of these two programs, a business must be certified as a targeted small business under chapter 25 of the rules of the Iowa Department of Inspections and Appeals. Under the definitions in that chapter, a targeted small business (1) is 51-percent or more owned, operated, and actively managed by minorities, women, or persons with disabilities; (2) is located within the state; (3) has an annual gross income of less than $4 million; and (4) is operated for profit. The certification rules in the chapter 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; on-site audits by the Department; decertification; recertification; and use of a statutory, contested-case hearing process for appeals. The rules proposed in chapter Comm 103 differ by applying more narrowly to only veterans with disabilities, and by not being limited to just small businesses.
Illinois:
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.
