Hearing Date:
June 24, 2010
(See the Notice in this Register)
Veterans Affairs
EmR0944
— Rule adopted to amend
section
VA 2.02 (2)
, relating to the veterans tuition reimbursement program.
Finding of Emergency
The Wisconsin Department of Veterans Affairs finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The removal of the existing deadline for completing and receiving an application for the tuition fee reimbursement program has left the department unable to budget the available resources for this program to ensure maximum coverage for eligible veterans throughout the fiscal year. The department is requesting emergency rules to ensure applications can be processed in a responsive manner and to allow the department to properly manage the program's biennial budget and ensure the welfare of all eligible veterans. The emergency rule will address the need for an application deadline while the department completes the promulgation for a permanent rule for the program.
Publication Date:
January 4, 2010
Effective Dates:
January 4, 2010 through
June 2, 2010
Extension Through:
August 1, 2010
Hearing Date:
March 10, 2010
Workforce Development
Labor Standards, Chs. DWD 270-279
EmR1011
— Rule adopted to create
Chapter
DWD 273
, relating to the regulation of traveling sales crews.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The statute which provides for the regulation of traveling sales crews became effective on April 1, 2010. The Department has completed its work on the proposed administrative rule which implements the statute, and submitted the proposed rule in final form for legislative review on April 13, 2010. Putting the provisions of the proposed rule into effect during the legislative review period will allow the Department to take any enforcement action that might be needed if there are complaints during this period about the operation of traveling sales crews without the permits required by statute.
Publication Date:
April 19, 2010
Effective Dates:
April 19, 2010 through
September 15, 2010
Workforce Development (2)
Public Works Construction Contracts,
Chs. DWD 290-294
1.
EmR0941
— Rule adopted to create
section
DWD 290.20
, relating to the thresholds for the requirement of prevailing wage rates.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The most recent state budget legislation,
2009 Wisconsin Act 28
, contained amendments to the state laws which require the payment of prevailing wage rates for work done on projects of public works and , in a new statute, for work done on private projects which receive more than $1,000,000 of public direct financial assistance. The new provisions become effective on January 1, 2010.
The prevailing wage laws require that when a state agency or local governmental unit contracts for the erection, construction, remodeling, repairing, or demolition of a public works project it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employees in accordance with the wage rates established by the determination. Under the law as it existed before the enactment of
2009 Act 28
, a prevailing wage rate determination was required for any project with an estimated cost of at least $48,000 (for a single-trade project) or $234,000 (for a multi-trade project). Act 28 changes these amounts to an estimated project cost of at least $25,000. Act 28 has also created a new statute, s.
66.0904
, Stats., which requires that a private developer obtain and comply with a prevailing wage rate determination for a private project that receives at least $1,000,000 in direct financial assistance from a local governmental unit.
The state and local governmental units and private developers who may be subject to these new requirements of the prevailing wage laws need immediate guidance as to the manner in which the Department will apply the January 1, 2010 effective date to new projects. This rule provides that guidance by establishing that the new threshold requirements will apply to projects for which a request for bids is issued or a contract is negotiated after January 1, 2010.
Publication Date:
December 29, 2009
Effective Dates:
January 1, 2010 through
May 30, 2010
2.
EmR0942
— Rule adopted to amend
section
DWD 293.02
, relating to the adjustment of thresholds for payment and performance assurance bond requirements and affecting small businesses.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The adjustment of the thresholds for the application of the project payment and performance assurance bond requirements 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 the need for obtaining bonding 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 rule-making process.
Publication Date:
December 29, 2009
Effective Dates:
January 1, 2010 through
May 30, 2010
Hearing Date:
March 31, 2010
