comm139_EmR1044.pdf Commerce – Revises
Ch. Comm 139 – EmR1044
Publication Date: November
28, 2010
Effective Dates: November
28, 2010 through April 26, 2011
ORDER OF THE DEPARTMENT OF
COMMERCE
EMERGENCY RULE RELATING TO Rural Outsourcing Grants
Exemption From Finding of Emergency
The Legislature, by SECTION
45 (1) (b) of 2009 Wisconsin Act 265, exempts the Department from providing
evidence that this emergency rule is necessary for the preservation of public
peace, health, safety or welfare; and exempts the Department from providing a
finding of emergency for the adoption of this rule.
Pursuant to section 227.24 of
the Statutes, this rule is adopted as an emergency rule to take effect upon
publication in the official state newspaper and filing with the Legislative
Reference Bureau.
The
Wisconsin Department of Commerce adopts an order to repeal Comm 139.20 (3) and
to repeal and recreate Comm 139.20 (2) relating to rural outsourcing grants,
and affecting small businesses.
Analysis of Rules
1. Statutes Interpreted.
SECTION
45 (1) in 2009 Wisconsin Act 265.
2. Statutory
Authority.
Section
227.11 (2) (a) of the Statutes and SECTION 45 (1) (b) in 2009 Wisconsin Act
265.
3. Explanation of
Agency Authority.
SECTION
45 (1) (b) in 2009 Wisconsin Act 265 requires
the Department to promulgate rules for awarding the rural outsourcing grants
established in SECTION 45 (1). Section 227.11 (2) (a) of the
Statutes authorizes the Department to promulgate rules interpreting the
provisions of any Statute administered by
the Department.
4. Related Statute
or Rule.
The Department has rules for several other programs associated with economic
and business development grants, but those programs are not targeted
specifically to grants to businesses for outsourcing work to rural
municipalities.
5. Summary of Rule.
The
rules in this order redefine the businesses that are eligible for the
rural-outsourcing grants awarded under SECTION 45 (1) in 2009 Wisconsin Act
265.
6.
Summary of, and Comparison With, Existing or Proposed Federal Regulations.
No similar
existing or proposed federal regulations or programs were found through review
of the Code of Federal Regulations and pertinent federal agency Web
sites – including at the US Department of Agriculture, the US Department of
Commerce, the US Economic Development Administration, and the US Small Business
Administration.
7. Comparison With
Rules in Adjacent States.
Review of
existing rules and programs in adjacent States and review of proposed state
legislation through the National Conference of State Legislatures did not
reveal any similar rules or programs in the adjacent States.
8. Summary of
Factual Data and Analytical Methodologies.
The
data and methodology for developing these rules were derived from and consisted
of (1) incorporating the applicable criteria in SECTION 45 in 2009 Wisconsin
Act 265; (2) incorporating applicable best practices the Department has
developed in administering similar programs for economic and business development,
and (3) reviewing Internet-based sources of related federal, state, and
private-sector information.
9. Analysis and
Supporting Documents Used to Determine Effect on Small Business or in
Preparation of an Economic Impact Report.
The
primary documentation that was used to determine the effect of the rules on
small business was SECTION 45 (1) in 2009 Wisconsin Act 265. This SECTION
authorizes the Department to award grants to businesses for outsourcing work to
rural municipalities and requires the Department to promulgate rules for
administering the program. This SECTION applies its private-sector
requirements only to businesses that chose to apply for the grants.
10. Effect on Small
Business.
The
rules are not expected to impose significant costs or other impacts on small
businesses because the rules address submittal of documentation only by
applicants that choose to pursue grants for outsourcing work to rural
municipalities.
11. Agency Contact
Person.
Mary
Gage, Wisconsin Department of Commerce, Bureau of Business Finance and
Compliance, P.O. Box 7970, Madison, WI, 53707-7970; telephone (608) 266-2766;
e-mail Mary. Gage@Wisconsin.gov.
SECTION 1. Comm
139.20 (2) is repealed and recreated to read:
Comm 139.20 (2) “Eligible business” means any of the following:
(a) A for-profit
company that at the time of application to the department either performs or
has work performed outside of this state, but will be shifting that work to
a business operation or facility located in a rural municipality in this state.
(b) A for-profit company that will be performing the shifted work
described in par. (a), for the company which is shifting the work.
SECTION 2. Comm
139.20 (3) is repealed.
(END)
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EFFECTIVE DATE
Pursuant to s.
227.24 (1) (c), Stats., this rule shall take effect as an emergency rule upon
publication in the official state newspaper.
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ORIGINAL
UPDATED
Amendment No. if
Applicable
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FISCAL
ESTIMATE CORRECTED
SUPPLEMENTAL
Assumptions Used in Arriving at Fiscal Estimate
Although the rules
will newly result in review of documentation relating to issuing grants to
businesses for outsourcing work to rural municipalities, the number of
these reviews and grants is expected to be too small to result in
significant changes in the Department’s costs for administering its
business development programs. Therefore, the proposed rules are not
expected to have any significant fiscal effect on the Department.
The proposed rules are
not expected to impose any significant costs on the private sector, because
the rules address only voluntary submittal of documentation relating to
grants for outsourcing work to rural municipalities.
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Affected Ch. 20
Appropriations
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Fiscal Effect
State: No
State Fiscal Effect
Check columns below
only if bill makes a direct appropriation Increase
Costs - May be Possible to Absorb
or
affects a sum sufficient appropriation Within
Agency’s Budget Yes No
Increase Existing Appropriation Increase Existing
Revenues
Decrease Existing Appropriation Decrease Existing
Revenues Decrease Costs
Create New Appropriation
Local: No local government costs
1. Increase Costs 3.
Increase Revenues 5. Types of Local
Governmental Units Affected:
Permissive Mandatory
Permissive Mandatory
Towns Villages Cities
2. Decrease Costs 4.
Decrease Revenues
Counties Others _____________
Permissive
Mandatory Permissive
Mandatory School Districts WTCS
Districts
Fund Sources Affected
GPR FED PRO PRS SEG SEG-S
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Subject
Rural Outsourcing Grants
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Authorized Signature/Telephone No.
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Agency/Prepared by: (Name & Phone No.)
Commerce/Jim O’Keefe 264-7837
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Long-Range Fiscal Implications
None
known.
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DOA-2048 (R06/99)
