CR_10-072 Hearing to consider a rule revising Ch. DWD 110, relating to unemployment insurance rules for coverage, related records and reports.  

  • Comparison with federal regulations
    Since 1988, federal law has required all States to have in effect, as a condition for compliance with federally aided assistance programs, a requirement that employers make quarterly reports of wages to the state.
    Comparison with rules in adjacent states
    Illinois:
    Illinois requires that employers file wage reports either electronically or by paper on a printed packet together with the contribution report. The reports must be filed on or before the due date, the last day of the calendar month next following the calendar quarter. 56 Ill. Adm. Code s. 2760.120, .125 & 140.
    Iowa:
    Iowa requires that wage reports and contributions are due the last day of the month following the end of the calendar quarter. Contributions that are mailed must be postmarked by the due date. 871 Iowa Admin. Code s. 23.8 (96).
    Michigan:
    Michigan statutes require each employer to file a quarterly wage report on forms and at a time as the commission prescribes, but does not have rules interpreting the statute. Mich. Comp. Law s. 421.13 .
    Minnesota:
    Minnesota statutes require that employers file wage reports electronically and the state calculates the amount of contributions due for the employer. The contributions must be received by the department on or before the last day of the month following the end of the calendar quarter. Minn. Stat. s. 268.051 .
    Summary of factual data and analytical methodologies
    The department sought to conform the rule language to the changes made to the statutory provisions in 2007 Wis. Act 59 . In addition, the department reviewed the rule language carefully to eliminate provisions that are unnecessarily duplicative of statutory provisions to avoid the potential problem posed by statutory changes and outdated rule language.
    Analysis used to determine effect on small businesses
    The proposed rule incorporates the changes to chapter 108, Stats., contained in 2007 Wis. Act 59 , and will not have an additional effect on small business.
    Small Business Fiscal Impact
    The proposed rule incorporates the changes to chapter 108, Stats., contained in 2007 Wis. Act 59 , and will not have an additional effect on small business.
    Fiscal Estimate
    State fiscal effect
    None.
    Local government fiscal effect
    None.
    Agency Contact Person
    Tracey Schwalbe, UI Research Attorney
    Phone: (608) 266-9641
    Notice of Hearing
    Workforce Development
    Unemployment Insurance, Chs. DWD 100-150
    NOTICE IS HEREBY GIVEN that pursuant to ss. 108.14 (2) , 108.22 , and 227.11 (2) (a) , Stats., the Department of Workforce Development proposes to hold a public hearing to consider rules revising Chapter DWD 110 , relating to unemployment insurance rules for coverage and related reports.
    Hearing Information
    Date:   Wednesday, July 21, 2010
    Time:   1:00 p.m.
    Location:   MADISON
      GEF I Building, H306
      201 E. Washington Avenue
    Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
    Submittal of Written Comments and Copies of Proposed Rule
    Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
    An electronic copy of the proposed rules is available at http://adminrules.wisconsin.gov . This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule or fiscal estimate by contacting: Tracey Schwalbe, Research Attorney, Unemployment Insurance Bureau of Legal Affairs, Department of Workforce Development, P.O. Box 8942, Madison, WI 53708.
    Written comments on the proposed rules received at the above address, email, or through the http://adminrules. wisconsin.gov web site no later than July 21, 2010 , will be given the same consideration as testimony presented at the hearing.
    Analysis Prepared by the Department of Workforce Development
    Statutory authority
    Sections 108.14 (2) , 108.22 , and 227.11 , Stats.
    Statutes interpreted
    Sections 108.17 , 108.21 , and 108.22 , Stats.
    Related statute or rule
    Chapter DWD 111 .
    Explanation of agency authority
    Chapter 108 , Stats., requires employers to maintain work records and to submit records to the department for inspection, and to submit other reports as required by the department to determine an employer's status and contribution liability. Sections 108.14(2) and 227.11(2) , Stats., authorize the department to adopt and enforce all rules the department finds necessary to carry out the requirements of Chapter 108 , Stats.
    Plain language analysis
    Wisconsin Act 59 in 2007 amended several provisions of Chapter 108 , Stats., related to how employers file reports with the department, the timeliness for filing reports, and the penalties for failing to do so. The proposed rule corresponds with the statutory changes in 2007 Wis. Act 59 . Section 108.17 (2) (b) was amended in 2007 Wis. Act 59 to provide that employers may be excused from filing contribution reports if they file their wage reports electronically. Section 108.17 (7) , Stats., was amended in 2007 Wis. Act 59 to provide that some employers must remit contributions or other payments due electronically. The proposed rule takes into account the statutory changes to allow filing of reports and payments electronically. The rule currently provides that the time to file a report is extended if it is mailed as long as the report is postmarked by the due date or 3 days past the due date. Pursuant to the statutes as amended by 2007 Wis. Act 59 , contribution reports and payments are due the last date of the month following a quarter; this obsolete provision is removed from the rule. The reference to due dates falling on holidays or weekends is repealed because it duplicates s. 108.22(1)(b), Stats.; however, legal holidays are clarified to also include any date the Unemployment Division is closed due to furlough, or due to inclement weather or other acts of nature. The rule currently refers to a $10,500 taxable wage base for computing the defined taxable payroll. The proposed rule refers to the taxable wage base as provided in ch. 108 , Stats., rather than naming the amount because the amount is scheduled to change over time. Finally, the department reviewed the rule to eliminate provisions that were repetitive or duplicated statutory provisions, and to edit for grammatical purposes.
    Comparison with federal regulations
    Since 1988, federal law has required all States to have in effect, as a condition for compliance with federally aided assistance programs, a requirement that employers make quarterly reports of wages to the state. There are no federal requirements governing how states receive contribution reports.
    Comparison with rules in adjacent states
    Illinois:
    Illinois rules require that an employer must pay contributions due by check accompanied by a transmittal form. Employers with 250 or more employees must file quarterly reports electronically. Contributions are due on or before the last day of the month following the end of the quarter. Where the payment is made by mail, the reports are considered timely if the postmark bears a date within the prescribed time limit. Late payments are assessed interest at the rate of 2% per month. 56 Ill. Adm. Code ss. 2760.135-.60.
    Iowa:
    Iowa requires that wage reports and contributions are due the last day of the month following the end of the calendar quarter. Contributions that are mailed must be postmarked by the due date. Penalties may be applied to reports that are not received by the due date and interest of 1% per month is charged on overdue contributions. 871 Iowa Admin. Code s. 23.8 (96).
    Michigan:
    Michigan requires that employer contributions are due quarterly; employers must submit contribution reports on form provided by the agency or electronically. Payments are due on or before the 25 th day of the month next following the last day of the calendar quarter. Contributions paid after the 25 th but before the first day of the next calendar month do not accrue interest. Mich. Admin. Code s. 421.121 .
    Minnesota:
    Minnesota statutes require that employers file wage reports electronically and the state calculates the amount of contributions due for the employer. The contributions must be received by the department on or before the last day of the month following the end of the calendar quarter. Minn. Stat. s. 268.051 .
    Summary of factual data and analytical methodologies
    The department sought to conform the rule language to the changes made to the statutory provisions in 2007 Wis. Act 59 . In addition, the department reviewed the rule language carefully to eliminate provisions that are unnecessarily duplicative of statutory provisions to avoid the potential problem posed by statutory changes and outdated rule language.
    Analysis used to determine effect on small businesses
    The proposed rule incorporates the changes to chapter 108, Stats., contained in 2007 Wis. Act 59 , and will not have an additional effect on small business.
    Small Business Fiscal Impact
    The proposed rule incorporates the changes to chapter 108, Stats., contained in 2007 Wis. Act 59 , and will not have an additional effect on small business.
    Fiscal Estimate
    State fiscal effect
    None.
    Local government fiscal effect
    None.
    Agency Contact Person
    Tracey Schwalbe, UI Research Attorney
    Phone: (608) 266-9641
    Notice of Hearing
    Workforce Development
    Apprenticeship, Chs. DWD 295-296
    NOTICE IS HEREBY GIVEN that pursuant to sections 103.005 (1) , 106.01 (9) and 227.11 (2) , Stats., the Department of Workforce Development proposes to hold a public hearing to consider the revision of Chapter DWD 295 , relating to the state apprenticeship program and affecting small businesses.
    Hearing Information
    Date:   Thursday, July 22, 2010
    Time:   9:00 a.m.
    Location:   MADISON
      GEF I Building, D203
      201 E. Washington Avenue
    Visitors to the GEF 1 building are requested to enter through the left East Washington Avenue door and register with the customer service desk. The entrance is accessible via a ramp from the corner of Webster Street and East Washington Avenue. If you have special needs or circumstances regarding communication or accessibility at the hearing, please call (608) 266-9427 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audiotape format will be made available on request to the fullest extent possible.
    Submittal of Written Comments
    Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.
    Written comments may be submitted to Howard Bernstein, Office of Legal Counsel, Dept. of Workforce Development, P.O. Box 7946, Madison, WI 53707-7946 or by email to Howard.Bernstein@dwd.wisconsin.gov . The deadline for submission is July 23, 2010 . Written comments will be given the same consideration as testimony presented at the hearing.
    Copies of Proposed Rule
    The proposed rules are available at the website http://adminrules.wisconsin.gov . This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the Department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rule by contacting Howard Bernstein at the addresses given above or by telephone at (608) 266-9427.
    Analysis Prepared by the Department of Workforce Development
    Statute interpreted
    Section 106.01 , Stats.
    Statutory authority
    Sections 103.005 (1) , 106.01 (9) , and 227.11 , Stats.
    Explanation of agency authority
    Under ss. 106.01 to 106.04 , Stats., the Department of Workforce Development (DWD) is responsible for the establishment and supervision of apprenticeship standards for sponsors, employers and employees. Under s. 106.01 (9) , Stats., "(t)he department may investigate, fix reasonable classifications, issue rules and general or special orders and, hold hearings, make findings and render orders upon its findings as shall be necessary to carry out the intent and purposes of this section."
    Summary of the proposed rule
    On October 26, 2008, the US Department of Labor published 29 CFR 29 (Volume 29 of the Code of Federal Regulations, Part 29) in the Federal Register. 29 CFR 29 is a final rule designed to modernize the National Apprenticeship System. This rule, which took effect on December 29, 2008, provides State Apprenticeship Agencies with up to two additional years to implement the required changes in order to continue federal recognition of Wisconsin's apprenticeship program.
    On May 12, 2010, the Governor signed 2009 Wisconsin Act 291 , previously 2009 Senate Bill 586, which makes conforming changes to the Wisconsin Statutes which are designed to ensure that the U.S. Department of Labor will continue to recognize Wisconsin's program as in conformance. This proposed rule is intended to carry forward the intent of Act 291 and make similarly conforming changes to the administrative rules of the apprenticeship program.
    The proposed amendments to DWD 295 implement the changes provided in 29 CFR Part 29 and include the following changes: three different approaches for apprentices to complete a program, allowance for technology based learning by defining electronic media and explicitly allowing its use in the provision of related instruction, sets the components of program standards and introduces completion rates as a critical factor in the evaluation of program quality, provides increased program quality and options for apprentice sponsors changes, introduces provisional registration which will increase quality and success rates by providing for newly registered programs to be reviewed and the end of the provisional registration and sets forth components which must be included in an Apprentice Contract.
    Summary of analytical methodology
    This proposed rule has been developed by reviewing the new federal National Apprenticeship System standards and drafting amendments to the existing rules on apprenticeship to bring the state rules into conformance with the federal regulations.
    Comparison with federal regulations
    As described above, federal law has been amended to create a National Apprenticeship System. State programs which meet the federal standards will be recognized as in conformance by the U.S. Department of Labor.
    Comparison with statutes and rules in adjacent states
    Minnesota has a state apprenticeship statute and is going through a process similar to Wisconsin to update its statutes and rules to be consistent with the federal regulations. Illinoi s, Michigan , and Iowa are "federal" apprentice registration states which follow the federal regulations in the absence of state statutes and rules.
    Analysis used to determine effect on small business
    The nature of the revisions to federal and state law and the proposed rule has been such that employers and employees will not be subject to any burdensome or costly changes.
    Small Business Fiscal Impact
    The rule changes affect small businesses as defined in s. 227.114 (1) , Stats., but do not have a significant economic impact on a substantial number of small businesses.
    Fiscal Estimate
    State fiscal effect
    None.
    Local government fiscal effect
    None.
    Agency Contact Person
    Karen Morgan, Director
    DWD Bureau of Apprenticeship Standards
    Phone: (608) 266-3133