An order affecting ss. ETF 10.01, 20.14, 20.15 and 20.16, relating to purchases of service under the Wisconsin Retirement System, including forfeited, qualifying and other governmental service.
An order affecting ss. HSS 124.27, 124.29, 124.30, 124.31, 132.812, 132.815 and 134.815, relating to review of plans for constructing or remodeling a hospital, nursing home or facility for the developmentally disabled (FDD), including review for compliance with the State Building Code, and fees for plan review.
An order affecting chs. Ins 14 and 51, relating to financial standards for insurers.
An order creating s. NR 20.04 (5), relating to sport fishing in urban waters.
An order repealing and recreating s. NR 10.01 (1) (b) and (g) 1. a. - k., (g) 2., (g) 3., (u) 1. and (u) 2., relating to the 1996 migratory game bird season.
An order repealing and recreating s. NR 20.038, relating to special size and bag limits for sport fishing on the Lac du Flambeau reservation.
An order repealing and recreating s. Tax 11.95, relating to the retailer's discount.
An order affecting ss. Tax 11.28, 11.46, 11.51 and 11.87, relating to Wisconsin sales and use taxes.
An order affecting chs. SEC 2, 3, 4, 5, 32, 33, 35 and 37 and ss. SEC 7.06, 9.01, 31.01 and 34.01, relating to:
1) Securities registration exemptions;
2) Securities registration procedures, substantive registration standards and disclosure requirements;
3) Securities broker-dealer, securities agent and securities investment adviser licensing requirements and procedures;
4) Franchise definitions;
5) Franchise registration exemptions;
6) Franchise registration procedures, substantive registration and disclosure requirements;
7) Franchise registration or exemption revocations and fraudulent practices;
8) Franchise fee-related provisions; and
9) Franchise forms.
The following administrative rule orders have been adopted and published in the November 30, 1996
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.
Agriculture, Trade & Consumer Protection (CR 96-2):
An order affecting s. ATCP 3.02 and ch. ATCP 50, relating to soil and water resource management.
Financial Institutions-Banking (CR 96-67):
An order affecting ss. Bkg 76.01, 76.03, 76.04 and 76.14, relating to sales finance companies.
Financial Institutions-Banking (CR 96-68):
An order repealing s. Bkg 80.25, relating to open end credit; maximum periodic rate; and licensed lenders under s. 138.09, Stats.
An order affecting s. HSS 146.03 (9), (10) and (11), relating to vaccine-preventable diseases.
An order amending ss. NR 149.22 and 219.04, Table A (parameters 9 and 10 and footnotes 8, 9 and 10), relating to whole effluent toxicity testing methods.
An order affecting ss. NR 200.06, 200.07 and 205.07, relating to electronic submission of WPDES permit applications and monitoring data.
An order amending s. PD 3.039, relating to the redetermination of indigency during the course of representation.
An order amending s. PD 2.03 (4), (5) and (8), relating to the procedures for assignment of counsel.
An order amending s. RL 120.02 (intro.) and creating ch. RL 128, relating to education required for registered auctioneers to renew their registration for the biennium commencing on January 1, 1999.
An order creating s. SEC 2.01 (1) (c) 5 and (d) 5, relating to designating alternative accounting guidelines for the preparation of financial statements for certain governmental issuers of securities.
Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board (CR 96-34):
An order amending s. SFC 2.01 (5) and creating s. SFC 3.13, relating to social worker training certificates.
An order amending s. Trans 276.07 (4) and (7), relating to allowing the operation of "double bottoms" (and certain other vehicles) on certain specified highways.
Final Regulatory Flexibility Analyses
Agriculture, Trade & Consumer Protection
Ch. ATCP 50 - Soil and water resource management.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule repeals and recreates ch. ATCP 50, Wis. Adm. Code, interpreting ch. 92, Stats., regarding the state's soil and water resource management program. The proposed rule incorporates changes to ch. 92, Stats., made by 1991 Wis. Act 309. It also incorporates changes being made by the department to reduce application, reporting and other paperwork requirements imposed on county land conservation committees.
The proposed rule for the soil and water resource management program will have a small affect on some small businesses in Wisconsin. The types of businesses affected include: farmers and other landowners and land users who receive notices of discharge through the regulatory animal waste management program under ch. NR 243, Wis. Adm. Code; farmers and other landowners and land users in counties, cities, villages and towns that adopt shoreland management ordinances under ss. ATCP 50.34 and 50.112; farmers and other landowners and land users in counties who participate in the program and receive grants from the department; and agricultural cooperatives and other agribusinesses that select to participate in nutrient management planning and implementation activities under ss. ATCP 50.38 (3) and 50.102.
All farmers, landowners and other land users affected by this rule will be affected in a positive manner. More state funds will be made available to farmers, landowners and land users who meet the economic hardship provisions spelled out in the rule. In addition, the proposed rule adds several new conservation practices to the list of those eligible for funding. Farmers and other landowners and land users in counties who participate in the soil and water resource management program and receive grants from the department are eligible for funding of these new practices, making it easier for them to reach their conservation goals.
Agricultural cooperatives and other agribusinesses that elect to participate in nutrient management planning under s. ATCP 50.102 will be affected by the proposed rule. Their participation, however, is totally voluntary and at their discretion. The proposed rule encourages state and local units of government to work with and through agribusinesses and agricultural cooperatives to provide nutrient management planning and implementation services to farm operations. Funds may be used for soil testing, the nutrient analysis of manure and other organic matter, and for nutrient management planning. If they choose to participate, agricultural cooperatives and other agribusinesses could expand their economic opportunities by providing these services rather than providing only agricultural goods to farmers.
The proposed rule requires no unusual or additional reporting, record-keeping or other procedures of the affected small businesses. Farming operations affected by the rule will have to maintain financial records for all expenditures for which they will claim reimbursement from their grant, or with which they meet their share of the costs. These records will have to be reported to the department or to county land conservation departments on forms provided by the department along with receipts and other proofs of payment. This has been standard procedure for all soil and water resource management grant recipients, including small businesses, under the current rule. To accommodate small business participation, technical assistance is provided at the local level and forms are simplified.
There are no professional skills required of small businesses affected by the general grant provisions of the rule. If agricultural cooperatives and other agribusinesses elect to participate in nutrient management planning activities, their staff will have to be technically capable of preparing nutrient management plans, testing soil and analyzing manure and other organic matter for nutrients.
The requirements and procedural provisions of the proposed rule have minimal impact on small businesses. The rule will help in the state's efforts to improve water quality and prevent soil erosion. The proposed rule impacts small businesses primarily in a beneficial manner by providing more state funds to them to help offset the cost of required activities and to encourage participation in discretionary activities.
Summary of Comments from Legislative Committees:
The rule was referred to the Senate Committee on Agriculture, Transportation, Utilities and Financial Institutions on August 14, 1996 and to the Assembly on Agriculture on August 15, 1996. The department received no comments or requests for hearings from either committee.
Chs. NR 200 & 205 - Electronic submission of WPDES permit applications and monitoring data.
Summary of Final Regulatory Flexibility Analysis:
The changes proposed by these rule revisions are intended to made data submittal more efficient. These rule revisions do not require electronic data submittal as the only way to provide information; rather these rule revisions are intended to create flexibility in data submission by allowing another option, electronic submittal, for required data.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Natural Resources Committee and the Senate Environmental Resources and Urban Affairs Committee. There were no comments.