Adm 21 – Advertising, Bidding, and Award of Construction Contracts. Section 16.855 (15), Wis. Stats., provides that the Department “shall promulgate rules to implement the advertising and award of contracts” under s. 16.855. This provides explicit statutory authority for the rules codified in ch. Adm 21, including the requirement that contracts include provisions for affirmative action and equal employment, s. Adm 21.09 (7), which will be updated as part of this rulemaking. Adm 30 – Payroll Deductions for Charitable Purposes. Section 20.921 (1) (a) 4., Wis. Stats., provides for the approval of groups or charitable purpose eligible to receive donations by payroll deduction, “under rules of the department of administration for state officers or employee.” This provides explicit authority for the Department’s rules in ch. Adm 30. Adm 50 – Contract Compliance: Section 16.765 (5), Wis. Stats., provides that the “department shall promulgate such rules as may be necessary for the performance of its functions under this section.” This provides the explicit authority for the Department to revise its rules implementing this section, including rules referencing persons with disabilities. Adm 89 – Housing Cost Grants and Loans. Because the Department intends to update provisions of ss. Adm 89.02 (5) and Adm 89.05 (5) that exist solely to interpret “low or moderate income” in s. 16.304, Wis. Stats., and the Department has deemed this necessary to effectuate the purpose of that statute, this proposed change is authorized by s. 227.11 (2) (a), Wis. Stats. ER 44 - Employment Development and Training. The provision that the Department intends to update, s. ER 44.09 (1), relates to the DPM administrator’s authority to fill positions with trainees. This rule is authorized by s. 230.04 (5), which explicitly authorizes the administrator to write rules “on all matters relating to the administration of the division and the performance of the duties assigned to the administrator.” Specifically, s. 230.046 (5) (c), Wis. Stats., provides for “rules of the administrator whenever on−the−job trainees are employed.” Game 4 – Duties and Responsibilities of Associations and Racetrack Operators. This chapter exists under the authority of s. 562.02 (1) (a), which provides that the Department shall “[r]egulate racing and on-track pari-mutuel wagering in this state and shall promulgate all rules necessary to administer this chapter.” The non-substantive procedures that the Department intends to review and update are authorized by this statute and by s. 227.11 (2) (b), Wis. Stats. 4. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
240 hours
5. List with description of all entities that may be affected by the proposed rule:
Not applicable. The terminology changes in the proposed rule are not expected to result in any substantive impact on any person or entity.
6. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
Not applicable. The rule is neither intended nor expected to result in any substantive change to the activities currently regulated by the Department’s administrative code. The Department is not at this time aware of any existing or proposed federal regulation that mandates the specific terminology used in the administrative code provisions that will be updated as part of this rulemaking.
7. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
At this time there is no anticipated economic impact from promulgating the proposed rule.
Contact Person: Amy Kasper, Chief Legal Counsel, (608) 267-0202.
