Issue: Add exceptions for small, minority or disadvantaged businesses.
Response: The rule was amended to make the fees voluntary and the bidder's list registration fee for minority businesses and work centers will be significantly lower than the same fee for other vendors.
Issue: Do not pay a fee until a sale is actually made or until a contract is executed.
Response: The rule was amended to make the fees voluntary.
Issue: Substantially reduce the amount of the fees.
Response: The rule was amended to substantially reduce fees.
4) Reporting, bookkeeping and other procedures required for compliance with the rule:
None.
5) Nature and cost of other measures and investments that will be required for compliance with the rule:
None.
6) Additional cost, if any, to the agency of administering or enforcing a rule which includes any of the methods specified under s. 227.114 (2), Stats.:
None.
7) Impact on public health, safety and welfare, if any, caused by including in the rule any of the methods specified under s. 227.114 (2), Stats.:
None.
Summary of Comments from Legislative Committees:
No comments were reported.
2.
Agriculture, Trade & Consumer Protection
(CR 96-15)
Ch. ATCP 99 - Relating to grain warehouse keepers and grain dealers.
Summary of Final Regulatory Flexibility Analysis:
The amendments to the rule interpret ch. 127, Stats., which requires grain warehouse keepers and grain dealers, with certain exceptions, to be licensed with the Department of Agriculture, Trade & Consumer Protection (Department). The statute requires licensed grain warehouse keepers and certain grain dealers (Class A and Class B who use deferred payment) to file annual financial statements with the Department, showing that they meet specified minimum financial standards or, if they do not meet those standards, to file security with the Department. The statute also requires warehouse keepers and grain dealers to employ various trade practices, to give producers and depositors various written documents and to retain certain records.
The amendments to the rule regulate 116 warehouse keepers, 150 Class A dealers, 108 Class B dealers, 38 Class B2 dealers and 95 Class C dealers and a number of exempt warehouse keepers and dealers, for the benefit of over 45,000 producers in Wisconsin who grow grain for the cash market. Many of the warehouse keepers, grain dealers, and virtually all of the producers, are small businesses, as defined by s. 227.114 (1) (a), Stats.
The amendments to ch. ATCP 99 are insignificant in relation to the specific requirements for documentation and records required under the current statute. The increase in revenue (fees) imposed by the amendments to the rule, beyond those included in the statutory requirements, is related to the conversion of 1.68 full time equivalent (FTE) positions from general purpose revenue (GPR) to program revenue (PR). The conversion of 1.68 FTE from general purpose revenue (GPR) to program revenue (PR), effective July of 1997, was approved by the legislature in the last budget session and is consistent with Department and Board policy.
The amendments to the rule do not require warehouse keepers or grain dealers to acquire any knowledge beyond that currently necessary to engage in their business.
Summary of Comments from Legislative Committees:
The rule was referred to the Assembly Committee on Agriculture on May 28, 1996; referred to the Senate Committee on Transportation, Agriculture and Local Affairs on May 22, 1996 (reappointed as the Senate Committee on Agriculture, Transportation, Utilities and Financial Institutions on June 19, 1996). The Department received no comments from any of the committees.
Ch. Comm 16 - Relating to the electrical code, volume 2.
Summary of Final Regulatory Flexibility Analysis:
In accordance with sections 101.63 (1), 101.73 (1) and 101.82 (1), Stats., the Department is required to adopt rules for the safe use and installation of electricity in all public buildings, places of employment and one- and two-family dwellings. This protection must be provided regardless of the size of any business located in the building or dwelling. The proposed rules of ch. Comm 16 are minimum requirements to provide the needed level of safety, and any exception from compliance would be contrary to the statutory objectives which are the basis for the rules.
Summary of Comments of Legislative Standing Committees:
The rule was sent to the Assembly Committee on Labor and Employment and to the Senate Committee on Human Resources, Labor, Tourism, Veterans and Military Affairs. No comments were received.
S. DE 12.01 (3) - Relating to the delegation of the polishing portion of an oral prophylaxis by a dentist to an unlicensed person.
Summary of Final Regulatory Flexibility Analysis:
These rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments of Legislative Committees:
No comments were reported.
SS. ERB 1.01, 1.02, 1.04, 1.06 and 1.07 - Relating to temporary construction facility hazardous chemical inventory reporting.
Summary of Final Regulatory Flexibility Analysis:
Inventory fees required under s. 166.20 (7), Stats., currently provide for alternative hazardous chemical reporting and a $20.00 reporting fee for temporary construction facilities. The proposed revisions for temporary construction facilities reporting would require the submission of only a Temporary Construction Facility Emergency Response and Hazardous Chemical Report.
This would provide relief from costs associated with determining if reportable amounts of hazardous chemicals are present, and from the costs associated with the current submission requirements of the Construction Site Emergency Response and Hazardous Chemical Report, site location diagram, floor plans contained in the plans, and the project specifications. The $20.00 fee remains the same. Reporting exemptions under s. 166.20 (5) (a) 3, Stats., would no longer be applicable.
All temporary construction sites which meet the definition for a temporary construction facility would need to submit the report and the $20.00 fee, unless exempt under s. 16.20 (7) (d), Stats.
This rule revision would impact small business by reducing the costs associated with determining if the temporary construction facility will have reportable amounts of hazardous chemicals. Small businesses with fewer than 10 full time equivalent (FTE) employes in the state are already exempt from these fees. Section 166.20 (7) (d), Stats., provides for a fee exemption for facilities with operators with fewer than 10 full time equivalent (FTE) employes in the state.
Summary of Comments of Legislative Committees:
No comments were reported.
S. WGC 24.13 (1) (d) - Relating to simulcasting fees.
Summary of Final Regulatory Flexibility Analysis:
There is no effect on small businesses.
Summary of Comments of Legislative Committees:
No comments were reported.
S. HFS 61.81 and ch. HFS 40 - Relating to mental health day treatment services for children and adolescents.
Summary of Final Regulatory Flexibility Analysis:
These rules will not have a significant economic impact on a substantial number of small businesses, as small business is defined in s. 227.114 (1) (a), Stats. There are currently 15 certified mental health day treatment programs for children and adolescents. Not more than one or 2 are operated by or as a small business. The revised rules greatly expand program requirements; however, the expanded requirements are conditions for programs to qualify for reimbursement from Medical Assistance and private group health insurance.
Summary of Comments of Legislative Committees:
No comments were reported.
Ch. HFS 38 - Relating to treatment foster care for children.
Summary of Final Regulatory Flexibility Analysis:
These rules apply to persons who propose to provide or who represent themselves as providing treatment foster care to children, to agencies that license treatment foster homes for children and to agencies providing services to children living in treatment foster homes. Some of the care providers and other service providers and a few of the private child-placing agencies that will license treatment foster homes are likely to be organized as small businesses as defined in s. 227.114 (1) (a), Stats.
The rules will not have a significant economic impact on a substantial number of small businesses. Few small businesses are involved. The rule requirements are related to the children's care needs and, for the most part, are good management practices and operating policies and procedures that are normally in place.
The purpose of the rules is to protect children placed in treatment foster homes and to ensure that they receive the care they require.
The rules consist of minimum standards that are more demanding than and are in addition to or substitute for the minimum standards found in ch. HSS 56 for operation of regular foster homes, because children in treatment foster care have complex problems that require significant attention.
No issues were raised by small businesses as such during public review of the proposed rules.
Summary of Comments of Legislative Standing Committees:
No comments were received.
Ch. HFS 111 - Relating to licensing of emergency medical technicians-intermediate (EMTs-intermediate) and approval of operational plans for use of EMTs-intermediate.
Summary of Final Regulatory Flexibility Analysis:
These rules will not have a significant economic impact on a substantial number of small businesses as “small business” is defined in s. 227.114 (1) (a), Stats.
Although there are some 450 ambulance service providers in the state, only about 25 of them are small businesses.
The rule changes involve moving authorized actions of EMTs-intermediate from s. 146.50, Stats., to ch. HFS 111, with some elaboration, and generally updating that chapter. There are no new reporting or bookkeeping requirements for ambulance service providers, and no new professional skills are required of ambulance service providers in order for them to comply with the revised rules.
Summary of Comments of Legislative Standing Committees:
No comments were received.
10.
Health and Family Services
(CR 96-3)
Ch. HFS 112 - Relating to licensing of emergency medical technicians-paramedic (EMTs-paramedic) and approval of operational plans for use of EMTs-paramedic.
Summary of Final Regulatory Flexibility Analysis:
These rules will not have a significant economic impact on a substantial number of small businesses as “small business” is defined in s. 227.114 (1) (a), Stats.
Although there are some 450 ambulance service providers in the state, only about 25 of them are small businesses.
The rule changes involve moving authorized actions of EMTs-paramedic from s. 146.50, Stats., to ch. HFS 112, with some elaboration, and generally updating that chapter. There are no new reporting or bookkeeping requirements for ambulance service providers using EMTs-paramedic, and no new professional skills are required of ambulance service providers using EMTs-paramedic in order for them to comply with the revised rules.
Summary of Comments of Legislative Standing Committees:
No comments were received.
11.
Health and Family Services
(CR 96-8)
S. HFS 124.20 (5) (a) and (i) - Relating to the administration of labor-inducing agents in hospitals.
Summary of Final Regulatory Flexibility Analysis:
These rules do not apply to small businesses as “small business” is defined in s. 227.114 (1) (a), Stats. The rules apply to hospitals. No hospital in Wisconsin is a small business.
Summary of Comments of Legislative Committees:
