Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the May 31, 2010, 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.
Accounting Examining Board
Rule revises Chapters
Accy 7 and
8, relating to granting certificates to applicants pursuant to an international mutual recognition agreement. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
These rules were reviewed and discussed by the department's Small Business Review Advisory Committee which determined that the rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
hector.colon@wisconsin.gov, or by calling 608-266-8608.
Summary of Comments by Legislative Review Committees
No comments were reported.
Children and Families
Rule amends section
DCF 120.05 (1) (c), relating to emergency assistance for needy families. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
The rule affects small businesses as defined in s.
227.114 (1), Stats., but 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.
Commerce
Rule amends section
Comm 2.68, relating to public swimming pool and water attraction plan review and inspection fees. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
Implementation of the federal Virginia Graeme Baker Pool and Spa Safety Act necessitates most existing public swimming pools and water attractions to undergo physical modifications to reduce the risk of entrapment at suction outlets. The department estimates that 3,700 existing pools and water attractions will need to undergo some type of modifications. The current plan review fees reflect the estimated average time and costs to provide the service. For types of pool and attraction modifications necessary to comply with the Virginia Graeme Baker Pool and Spa Safety Act, the department believes that the time and cost to provide the service will be below the averages reflected under the fee structure of section
Comm 2.68.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 104—
Rule creates Chapter
Comm 100, relating to tax incentives for job creation, capital investment, employee training, and corporate headquarters. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
Less stringent requirements are not included for small businesses because the directing legislation,
2009 Wisconsin Act 2, does not provide such flexibility.
No issues were raised by small businesses during the rulemaking process.
The reporting addressed in the rules is substantially similar to reporting that the Department currently requires in conjunction with administering economic development tax credits — and therefore is not expected to impose any significant new costs on small businesses.
The rules are not expected to impose significant costs on small businesses for other measures because the rules address submittal of documentation, and other activities, only by applicants that choose to pursue tax credits for economic development.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 104—
Rule revises Chapter
Comm 129, relating to tax credits for angel investments and early stage seed investments. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
Small businesses recommended (1) an informational Note for clarifying the purpose of side-by-side investments by in-state investors, for investments by out-of-state investors and (2) allowing approval of eligibility for tax credits that are then issued in the following year, for qualifying investments that are submitted after all available credits are issued in an individual year. The Department has incorporated both recommendations into the rules.
The transfer of tax credits that is newly enabled by the rules includes filing a required notice with the Department, but the cost of this notice is not expected to be significant.
The rules are not expected to impose significant costs on small businesses for other measures because the rules address submittal of documentation, and other activities, only by applicants that choose to pursue tax credits for angel investments and early stage seed investments.
Summary of Comments by Legislative Review Committees
No comments were received.
Employee Trust Funds
Rule amends section
ETF 11.11, relating to legal counsel advising the boards that are attached to the department while a board considers a final decision pertaining to an appeal. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
The rule has no significant effect on small businesses because only governmental employers and their employees may participate in the benefit programs under ch.
40 of the statutes administered by the Department of Employee Trust Funds.
Summary of Comments by Legislative Review Committees
No comments were reported.
Employee Trust Funds
Rule amends section
ETF 11.15 (4), relating to the agent for service of process upon the boards that are attached to the department. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
The rule has no significant effect on small businesses because only governmental employers and their employees may participate in the benefit programs under ch.
40 of the statutes administered by the Department of Employee Trust Funds.
Summary of Comments by Legislative Review Committees
No comments were reported.
Employee Trust Funds
Rule revises Chapters
ETF 10,
11,
20,
52, and
60, relating to technical and minor substantive changes in existing rules. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
The rule has no significant effect on small businesses because only governmental employers and their employees may participate in the benefit programs under ch.
40 of the statutes administered by the Department of Employee Trust Funds.
Summary of Comments by Legislative Review Committees
No comments were reported.
Health Services
Management and Technology and Strategic Finance,
Chs.
DHS 1—
Rule creates Chapter
DHS 19, relating to reduction or waiver of penalties for voluntary self-disclosure by a small business of actual or potential violations of rules or guidelines. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
The rules will have a direct impact on a substantial number of small businesses that are not covered under s.
48.685 or
50.065, Stats. The economic impact on the businesses affected by this rule is indeterminate.
Summary of Comments by Legislative Review Committees
No comments were received.
Health Services
Community Services, Chs.
DHS 30—
Rule repeals and recreates Chapter
DHS 85, relating to non-profit corporations and unincorporated associations as guardians. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
The fiscal impact of the rule requirements does not appear to be significant and will vary directly with the size of the guardianship agency. The overall effect of these changes on corporate guardian agencies should be minimal.
Summary of Comments by Legislative Review Committees
No comments were received.
Health Services
Community Services, Chs.
DHS 30—
Rule revises Chapter
DHS 75, relating to substance abuse counselors, clinical supervisors, and prevention specialists. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
The rules will not directly affect small businesses. The rules under this order are to conform to the transfer of authority under
2005 Wisconsin Act 25 from the Department to DRL. Any fiscal impact upon small business occurred when the changes from
2005 Wisconsin Act 25 were implemented by DRL in 2005 and 2006.
Summary of Comments by Legislative Review Committees
No comments were received.
Health Services
Rule repeals Chapters
DHS 117,
160 and
253, and revises Chapter
DHS 172, relating to fees for copies of health care provider records, registration of sanitarians, safety, maintenance and operation of public swimming pools and water attractions, and child support cooperation for food stamps. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
The rules will not have a fiscal effect on businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Hearings and Appeals
Rule revises Chapter
HA 2, relating to the procedure and practice for corrections hearings before the Division. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
This rule does not have a significant effect on small business.
Summary of Comments by Legislative Review Committees
Both the senate and assembly legislative committees took no action on the proposed rules.
Insurance
Rule revises section
Ins 3.39 and Appendix
3, relating to medicare supplement and replacement guarantee issue eligibility. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
This rule does not have a significant impact on regulated small businesses as defined in s.
227.114 (1), Wis. Stats., including intermediaries. OCI maintains a database of all licensed issuers in Wisconsin. The database includes information submitted by the companies related to premium revenue and employment. In an examination of this database, OCI identified that 75 insurance companies offer Medicare supplement, Medicare cost and Medicare select (Medigap) policies to Wisconsin consumers eligible for Medicare due to age or disability and none of those companies qualify by definition as a small business. In addition, 25 insurance companies have Medigap policyholders although the companies no longer market Medigap coverage in Wisconsin. Again, none of these 25 companies qualifies by definition as a small business. Although affected by this rule change, intermediaries qualifying as small businesses may be affected but such effect will not be significant as previously described.
Summary of Comments by Legislative Review Committees
No comments were reported.
Insurance
Rule creates Chapter
Ins 57, relating to care management organizations. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
This rule will have minimal to no effect on small businesses that are care management organizations. This rule may affect small businesses that are care management organizations seeking a permit from the commissioner. The office worked closely with the Department to minimize the impact on the care management organizations and will share information between departments so not to overly burden care management organizations.
Summary of Comments by Legislative Review Committees
No comments were reported.
Insurance
Rule creates section
Ins 3.34, relating to coverage of dependents to age 27. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
This rule will have little or no effect on small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Rule revises Chapters
NR 10 and
19, relating to hunting, trapping and wildlife rehabilitation. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Rule revises section
NR 10.104 (4) (b), relating to deer management unit population goals. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
These rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector or small businesses. These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, nor are any design or operational standards contained in the rule.
Summary of Comments by Legislative Review Committees
These rules were reviewed by the Senate Committee on Transportation, Tourism, Forestry and Natural Resources and the Assembly Committee on Fish and Wildlife. On December 17, 2009 both committees held a joint hearing on these rules. On January 5, 2010 the Assembly Committee on Fish and Wildlife requested non-specific modifications to Clearinghouse Rule No. 09-053. The Natural Resources Board adopted modifications at its March 16, 2010 meeting. The department did not receive additional comments or requests for modification.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
Rule repeals section
NR 45.04 (1) (g) and creates section
NR 45.045, relating to regulation of firewood entering department lands. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
Small businesses affected by the rule include firewood vendors that get their wood more than 25 miles from state lands where they wish to sell wood. Currently, firewood dealers that contract with state properties have been able to continue with their contracts by providing wood from within the allowable distance if they segregate that wood from non-allowable wood. Other vendors such as convenience stores would need to switch to a supplier that got its wood from within the allowable distance from the park or from a wood vendor who was certified by the WI DATCP as treating their wood to prevent transmission of wood borne pests or diseases.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Transportation, Tourism, Forestry and Natural Resources. The department did not receive comments or requests for modification as a result of the review.
Natural Resources
Environmental Protection — Air Pollution Control,
Chs.
NR 400—
Rule revises Chapters
NR 404,
438, and
484, relating to ambient air quality standards for ozone and lead, including new reporting requirements for lead compounds. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
The promulgation of the ozone and lead ambient air quality standards would not have any direct effect on business, including those defined as small business. Following the promulgation of the ozone and lead air quality standards, the EPA will determine if any areas in the state should be designated as nonattainment for either of the new air quality standards. The Department is required to develop an air quality management state implementation plan (SIP) to ensure that all ambient air quality standards are attained and maintained in all areas of the state. The future development of that SIP to address ozone and lead may result in emission limitations being developed for specific source categories or in the implementation of emission control technologies which may affect business, including small business. Any prospective SIP revisions would occur through the development of additional rules, which would include analyses of the rules' potential effects on the private sector, including small business.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment. Neither committee held a public hearing and the Department did not receive any comments or requests for modification from the committees.
Pharmacy Examining Board
Rule revises sections
Phar 6.08,
7.12, and
8.12, relating to security systems, utilization reviews, and prescription orders transmitted by facsimile machines. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
These rules were reviewed and discussed by the department's Small Business Review Advisory Committee which determined that the rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
hector.colon@wisconsin.gov, or by calling 608-266-8608.
Summary of Comments by Legislative Review Committees
No comments were reported.
Public Defender Board
Rule revises Chapters
PD 2,
3, and
6, relating to representation by the state public defender of persons detained under Chapters
51 or
55, Stats., or subject to involuntary administration of psychotropic medication without a predetermination of financial eligibility. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
There will be no effect on small business.
Summary of Comments by Legislative Review Committees
No comments were reported.
Public Instruction
Rule revises sections
PI 35.03 and
35.05, relating to establishing a fee under the Milwaukee Parental Choice Program. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
The rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Public Instruction
Rule creates Chapter
PI 39, relating to grants for tribal language revitalization. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
The rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Public Instruction
Rule creates section
PI 8.01 (4), relating to waiver of school hours. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
The rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Revenue
Rule revises Chapter
Tax 11, relating to sales and use tax. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
This 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 reported.
Tourism
Rule creates Chapter
Tour 3, relating to grants to municipalities and organizations for regional tourist information centers created under
2009 Wisconsin Act 28. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
These rules will have no effect on small businesses as defined in s.
227.114 (1), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Transportation
Rule creates Chapter
Trans 148, relating to electronic recording and release of liens by non-individual creditors. Effective 6-1-10.
Summary of Final Regulatory Flexibility Analysis
Most non-individual secured parties are financial institutions, located in and outside Wisconsin. Virtually all financial institutions maintain their records in electronic format and possess computers and access to the Internet. On the other hand, the Department recognizes that some small businesses do not possess this capability.
While there is not a direct connection between the size of the business and the amount of business done with the Department, the Department believes that this is an adequate measure of a small business for which it may be difficult to purchase necessary hardware and software, or to hire sufficient staff to manage electronic security interest statement filing. Therefore, the rule exempts secured parties that have filed 48 or fewer security interest statements in motor vehicles during the previous calendar year.
Summary of Comments by Legislative Review Committees
No comments were reported.
