EmR0838 Revises s. DWD 290.155 (1), relating to the adjustment of thresholds for application of prevailing wage rates.

  • Section 41 (2) (b) of the nonstatutory provisions of 2007 Wisconsin Act 104 provides that notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department of regulation and licensing is not required to provide evidence that promulgating a rule as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated to implement 2007 Wisconsin Act 104 . Notwithstanding s. 227.24 (1) (c) and (2) of the statutes, these emergency rules will remain in effect until the date on which the final rules take effect.
    Publication Date:   September 10, 2008
    Effective:   September 10, 2008
      through the date on which
      the final rules take effect
    Hearing Date:   November 26, 2008
    Revenue
    EmR0820 — Rule adopted creating ss. Tax 8.03 and 8.05 , relating to the registration of wine collectors, establishing standards of eligibility for registration as a wine collector, specifying the form and manner of notice required prior to the sale of wine by a wine collector, and the creation and organization of small winery cooperative wholesalers.
    Exemption From Finding of Emergency
    The legislature by Section 50 of 2007 Wisconsin Act 85 provides an exemption from a finding of emergency for the adoption of the rule.
    Publication Date:   June 26, 2008
    Effective:   June 26, 2008 through
      July 1, 2010 or the date on
      which permanent rules
      take effect, whichever is
      sooner.
    Transportation
    EmR0833 — Rule adopted revising Chs. Trans 325 , 326 and 327 , relating to motor carrier safety, and hazardous material transportation safety.
    Finding of Emergency
    The Department of Transportation finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety or welfare. Recently enacted commercial motor carrier safety regulations apply to drivers and carriers transporting property and passengers by commercial vehicles in interstate commerce and enhance highway safety. It is imperative the industry operates under a single set of safety regulations to minimize confusion that could result in inadvertent noncompliance or application of an outdated safety standard. Also pursuant to 49 CFR 350.331 (d), States are required to adopt compatible laws or rules to remain eligible for Motor Carrier Safety Assistance Program funding. Currently, Wisconsin receives approximately $4 million in such funding, which is used to administer various highway safety programs, and that funding and the safety programs it supports will be in jeopardy if Wisconsin does not implement these changes immediately. The Motor Carriers Association has urged the Department to implement these changes as it will help ensure uniformity and increased highway safety.
    Publication Date:   November 5, 2008
    Effective:   November 5, 2008 through
      April 3, 2009
    Hearing Date:   December 2, 2008
    Extension Through:   April 30, 2009
    Wisconsin Technical College System Board
    EmR0905 — Rule adopted revising Ch. TCS 17 , relating to training program grant funds appropriated in 2009 Wisconsin Act 2 .
    Finding of Emergency
    The Wisconsin Technical College System Board finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting an emergency is:
    The 2009 Wis. Act 2 (the 2007-09 budget repair bill) provided an additional $1,000,000 GPR to the existing annual appropriation of $3,000,000 GPR for the training program grants authorized in Wis. Stats. §§ 20.292(1)(eh) and 38.41 . These funds were provided to address a critical need of Wisconsin employers for skills training and education necessary to protect the state's economic vitality and health, with a special emphasis on advanced manufacturing and welding.
    The Act requires the WTCS Board to award these funds by June 30, 2009 or the end of the current 2008-09 fiscal year. In addition, TCS 17.06(1), Wis. Adm. Code requires that district boards or employers receiving skills training or education under the grant shall contribute matching funds, other than in-kind matching funds, equal to at least 25% of total approved project costs.
    Due to declining economic conditions and reduced business revenues, technical college districts report that employers are withdrawing participation in approved training grants because of an inability to fund the 25% match. Therefore, to ensure that business and incumbent workers in need of skills training and other education may access these services and that appropriated funds are distributed to technical college districts for this purpose before the end of the fiscal year, emergency administrative rules eliminating the 25% match requirement must be established immediately.
    Publication Date:   March 20, 2009
    Effective:   March 20, 2009 through
      August 16, 2009
    Workforce Development
    Public Works Construction Contracts,
    Chs. DWD 290-294
    EmR0838 - Rules adopted revising s. DWD 290.155 (1) , relating to the adjustment of thresholds for application of prevailing wage rates.
    Finding of Emergency
    The Department of Workforce Development finds that an emergency exists and that the rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
    Adjusting the thresholds for application of the prevailing wage rate requirements by emergency rule ensures that the adjustments are effective on a date certain that is prior to the time of year that project requests are generally submitted to the Department and applicability of the prevailing wage law is determined. The adjustment avoids imposing an additional administrative burden on local governments and state agencies caused by an effective decrease of the thresholds due solely to inflation in the construction industry. If these new thresholds are not put into effect by emergency rule, the old thresholds will remain effective for approximately six to seven months, until the conclusion of the permanent rule-making process. The thresholds are based on national construction cost statistics and are unlikely to be changed by the permanent rule-making process.
    Publication Date:   December 29, 2008
    Effective:   January 1, 2009 through
      May 30, 2009
    Hearing Date:   February 12, 2009