Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the August 31, 2007, 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 affecting chs.
Comm 5 and
20, relating to dwelling contractor certification. Effective 9-1-07 and 1/1/08.
Summary of Final Regulatory Flexibility Analysis
The proposed rules implement the mandates imposed by
2005 Wisconsin Act 200. The Act establishes educational obligations for contractors who need to obtain building permits involving work on one- and two-family dwellings. The department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
HFS 132, relating to nursing homes and affecting small businesses. Effective 9-1-07.
Summary of Final Regulatory Flexibility Analysis
The proposed rules may affect a substantial number of small businesses that are nursing homes, but the proposed rules will not have an adverse significant economic impact on those businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
HFS 172, relating to pools and water attractions. Effective 2-1-08.
Summary of Final Regulatory Flexibility Analysis
Operations that are built or redesigned so that pools will be direct sources of income will face additional training and labor costs. Most pools in Wisconsin are swimming pools or spas designed and operated as an amenity to lodging. These operations will feel little or no impact from the proposed revisions.
Summary of Comments by Legislative Review Committees
The Assembly Committee on Public Health requested a meeting with the Department. The Department submitted germane modifications to the rule. No further comments were received.
An order affecting ch.
NR 22, relating to fishing on the boundary waters of Wisconsin and Iowa. Effective 9-1-07.
Summary of Final Regulatory Flexibility Analysis
This rule will affect 3 Wisconsin-licensed commercial fishers who currently actively pursue shovelnose sturgeon in Wisconsin-Iowa boundary waters. These fishers will likely see an initial decrease in pounds of fish harvested until the number of fish in the stock in the size range allowed by the proposed harvest slot increases.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On May 30, 2007, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive any comments as a result of this hearing.
An order affecting ch.
NR 820, relating to annual reporting of groundwater pumping from high capacity wells, designation of groundwater management areas, environmental review of high capacity well applications for impacts on groundwater protection areas and springs and the evaluation of wells with greater than 95% water loss. Effective 9-1-07.
Summary of Final Regulatory Flexibility Analysis
High capacity wells are owned by a wide range of entities including individuals, municipalities, other units of government, large corporations and small businesses. The review and approval processes specified in the proposed rule for high capacity well applications submitted by small businesses are the same as those for applications submitted by any other applicant. While the proposed rule creates a screening process to identify those wells that will be subject to more comprehensive evaluation, the criteria are related to the characteristics of the proposed well rather than the nature of the owner. The potential impacts on small businesses will be the same as the impacts experienced by other applicants.
The department anticipates a very small percentage of high capacity well applications will require an extensive environmental review and there is a reasonable likelihood that only a few of those will be on behalf of a small business. The department believes that this proposed rule will not have a significant impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. The Senate Committee on Environment and Natural Resources held a public hearing on May 1, 2007 and the Assembly Committee on Natural Resources held a public hearing on April 25, 2007. The Department did not receive any comments from the committees following these public hearings.
An order affecting ch.
NR 5, relating to mandatory boating education, temporary certifications and course fees. Effective 9-1-07.
Summary of Final Regulatory Flexibility Analysis
Small businesses, which operate as boat rental agents and want to participate in issuing temporary boating safety certifications, will be required to:
1. Administer the training necessary for the public to take the boating safety exam. If the person passes the exam, the boat rental agent will then issue the temporary boating safety certificate to that individual who took the exam.
2. The boat rental agent will collect the fees as prescribed for the boating safety test and temporary certificate. If a business chooses to participate in this program, they shall by December 31 annually send a roster of the individual's information to the department and remit 50% of the monies collected to the department at the same time.
3. Maintain a record of individuals they certify and make those records available for inspection by the department if requested during normal business hours.
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 April 25, 2007, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive any comments on the proposed rule following the public hearing.
An order affecting ch.
NR 5, relating to registration of boats used exclusively to make advertisements and creating definitions. Effective 9-1-07.
Summary of Final Regulatory Flexibility Analysis
This rule does not impose any compliance or reporting requirements for small businesses. Therefore, under s.
227.19 (3m), Stats., a final regulatory flexibility analysis is not required.
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 April 25, 2007, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive any comments on the proposed rule following the public hearing.
An order affecting ch.
NR 19, relating to establishing specialized fees for Internet based ATV and snowmobile safety certification programs. Effective 9-1-07.
Summary of Final Regulatory Flexibility Analysis
This rule is applicable to individuals and imposes no compliance or reporting requirements for small businesses. Therefore, under s.
227.19 (3m), Stats., a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Senate Committee on Environment and Natural Resources and the Assembly Committee on Rural Economic Development. On May 16, 2007, the Assembly Committee held a public hearing. The Department did not receive any comments following this hearing.
An order affecting ch.
Trans 138, relating to dealer facilities, records and licenses. Effective 9-1-07.
