Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the July 31, 2003, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
An order creating ch.
Accy 9, relating to peer reviews. Effective 8-1-03.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
Adm 19, relating to small cities community block grants for housing. Effective 8-1-03.
Summary of Final Regulatory Flexibility Analysis
Pursuant to s.
227.114, Stats., the rule herein is not expected to negatively impact on small business.
Summary of Comments by Legislative Review Committees
No comments were received.
Agriculture, Trade and Consumer Protection
(
CR 02-121)
An order affecting ch.
ATCP 21, relating to plant inspection and certification service fees and hemlock woolly adelgid import controls. Effective 8-1-03.
Summary of Final Regulatory Flexibility Analysis
Rule Description
This rule repeals and recreates Wisconsin's current Inspection and Certification rules.
This rule creates a fee of $50.00 per certificate, which will include mileage, meals, lodging and staff time for inspection and travel. The current fee for certification is $15.00 for a certificate, plus mileage (.325 cents/mile), meals, lodging and staff time ($20.00/hour, with a $20.00 minimum) for inspection and travel.
This rule also creates import controls for hemlock woolly adelgid, a serious pest of hemlock trees in the eastern US. This insect has been intercepted on nursery stock in other states and can possibly be spread by logs, mulch or bark chips of hemlock trees.
Small Businesses Affected by this Rule
A “small business," as defined in s.
227.114 (1) (a), Stats., means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs fewer than twenty-five full-time employees or which has gross annual sales of less than $2,500,000.
Small nurseries and sole proprietors shipping interstate or internationally are the small businesses that will be affected by this rule.
Effects on Small Business
This rule may have some impact on nurseries in Wisconsin that purchase hemlock nursery stock from states infested with hemlock woolly adelgid, because costs incurred by nurseries in other states to meet our requirements may be passed along to the receiving nurseries in Wisconsin. There would be no extra skills required since nurseries deal with similar certificates for other plant pests.
The fee increase for certificates ($15 to $50) may decrease the number of certificates issued by a small amount. Some businesses, mostly larger enterprises, request certificates as a sort of insurance policy; the country to which they are exporting doesn't require a certificate but having one expedites the importation of the commodity. Many of the companies will pass the increased cost onto their customers.
Small businesses may see more efficient turnaround time in receiving their certificates since no calculations will need to be made by the department concerning mileage, meals, hours and lodging. Small nursery businesses receiving plant health certificates may reconsider their current practice of requesting the certificate if they don't ship nursery stock interstate because of the increase in the fee.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
HFS 78, relating to the telecommunications assistance program for deaf, deafblind and severely hard of hearing persons' purchase of telecommunications equipment. Effective 8-1-03.
Summary of Final Regulatory Flexibility Analysis
The rule changes will not affect small businesses as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
HFS 163, relating to the abatement of lead-contaminated soil and the standards defining lead-based paint hazards. Effective 8-1-03.
Summary of Final Regulatory Flexibility Analysis
These rules apply when certified lead investigation professionals determine whether a pre-1978 property contains lead-based paint hazards. This determination may affect the owners of pre-1978 housing when remediation of lead-based paint hazards is ordered or when provisions under s.
254.171, Stats. apply. Under s.
254.171, Stats., a property owner must obtain a lead-free certificate or lead-safe certificate for the affected dwelling unit when the property owner receives written notice that a child under 6 years of age residing at the property has an elevated blood lead level.
Remediation of lead-contaminated bare soil or additional cleaning of the interiors of dwellings may be required to comply with the standards in these rules. Because remediation of bare soil can be accomplished by covering the soil with vegetation or landscaping material, the fiscal impact to property owners is expected to be minimal.
The rules were reviewed by the Lead Technical Advisory Committee, which approved them as submitted. Because the amendments are required to comply with regulations of the U.S. Environmental Protection Agency, alternatives were not considered.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting chs.
NR 10 and
15, relating to hunting and trapping regulations. Effective 8-1-03.
Summary of Final Regulatory Flexibility Analysis
The rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. Neither committee requested any modifications to the proposed rule.
An order affecting chs.
Psy 1 to
5, relating to examinations, supervised experience, qualifications and responsibilities of supervisors, licensure by comity, reciprocity, holders of the certificate of professional qualification and senior psychologists, continuing education, renewal and professional conduct. Effective 8-1-03.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
An order creating ch.
PI 23, relating to ESEA intradistrict safe school transfer options. Effective 8-1-03.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will have no effect on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting chs.
RL 140 to
142, relating to changes made as a result of
2001 Wis. Act 80, specifically music, art and dance therapists who practice psychotherapy. Effective 8-1-03.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
Tax 11, relating to sales and use tax definitions, direct pay, exemption certificates and aircraft. Effective 8-1-03.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
