Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the October 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.
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Accounting Examining Board
(CR 02-149)
An order affecting ch. Accy 3, relating to a new computer-based examination. Effective 11-1-03.
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.
Commerce
(CR 03-012)
An order affecting ch. Comm 45, relating to mechanical refrigeration. Effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
Sections 101.02 (15) (h) to (j), 101.17 and 101.177, Stats., authorize the Department to promulgate rules prescribing minimum safety standards for the design, construction, installation, operation, inspection, repair and maintenance of mechanical refrigeration systems utilized at public buildings and places of employment. The proposed rules of Clearinghouse Rule No. 03-012 are minimum requirements to meet the directives of the Statutes, and any exceptions from compliance for small businesses would be contrary to the Statutory objectives which are the basis for the rules.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
(CR 03-046)
An order affecting ch. Comm 108, relating to the deployment of rapid response funds to preserve economic development in Wisconsin. Effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
This rule does not impose any cost measurers or investments by small business. No issues were raised by small business at hearings, nor were any comments received during the open comment period.
Summary of Comments by Legislative Review Committees
No comments were received.
Emergency Management
(CR 02-106)
An order affecting chs. WEM 4 and 6, relating to the hazardous materials transportation program and response and reimbursement procedures for regional and local emergency response teams. Effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
The statutory authority for WEM 4 has been repealed. The previous version of WEM 4 was determined to be unconstitutional by the Wisconsin Court of Appeals and the current version has not been enforced since that time. The repeal of WEM 4 will have no effect on small business.
The amendments to WEM 6 allow for the State of Wisconsin and local and regional emergency response teams to collect emergency response costs from the responsible party in the event of a potential release of a hazardous material. A responsible party is currently responsible for costs associated with the emergency response to a release of a hazardous material. This rule clarifies that necessary response costs include the potential release of a hazardous material. It is estimated that costs to respond to a potential release would typically be $500 or less. To date there have not been more than 3 such incidents annually. This rule change will not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Health and Family Services
(CR 03-048)
An order affecting ch. HFS 119, relating to operation of the health insurance risk-sharing plan (HIRSP). Effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
The rule changes will not affect small businesses as "small business" is defined in s. 227.114 (1) (a), Stats. Although the program statutes and rules provide for assessment of insurers to help finance the Health Insurance Risk-Sharing Plan (HIRSP), no assessed insurer is a small business as defined in s. 227.114 (1) (a), Stats. Moreover, s. 149.143, Stats., prescribes how the amount of an insurer's assessment to help finance HIRSP is to be determines.
Summary of Comments by Legislative Review Committees
No comments were received.
Insurance
(CR 03-038)
An order affecting ch. Ins 17, relating to requiring insurers and self-insurers provide notice to the fund of the filing of out-of-state medical malpractice actions against Wisconsin health care providers. Effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The legislative standing committees had no comments on this rule.
Insurance
(CR 03-039)
An order affecting ch. Ins 17, relating to annual patients compensation fund fees beginning July 1, 2003 and establishing a rate of compensation for fund peer review council members and consultants. Effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The legislative standing committees had no comments on this rule.
Natural Resources
(CR 02-048)
An order creating ch. NR 336, relating to the small and abandoned dam removal grant program. Effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
Small business impacts are considered minor and indirect. The rule does not require small businesses to be an applicant, though some small business dam owners may decide to apply for a grant. Applicants of all types (municipalities, counties, individuals, public inland lake protection and rehabilitation districts or small businesses) must equally comply with standard grant accounting and reporting requirements.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On August 6, 2003, the Assembly Committee on Natural Resources held a public hearing on the proposed rule. No modifications were requested as a result of the hearing.
Natural Resources
(CR 02-146)
An order affecting chs. NR 400, 409, 410, 415, 419, 420, 422, 423, 431, 439, 447, 448, 449 and 484, relating to clarification of compliance language for air management regulations. Effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
The proposed rule revisions may affect any party regulated by air management regulations, including small businesses. Because of the clarifying nature of the changes, there should be no adverse effects on any parties.
Summary of Comments by Legislative Review Committees
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