Effective 02-01-97.
An order affecting ss. Psy 2.01, 2.015, 2.05 and 3.01, relating to transcripts of undergraduate training, passing scores on examinations, and abandonment of applications.
Effective 02-01-97.
An order affecting ss. PI 11.02 and 11.35, relating to the definition of handicapping conditions, including significant developmental delay.
Effective 02-01-97.
An order affecting ch. PI 11, relating to the method of resolving disputes concerning children with exceptional educational needs (EEN) between school boards and the parents of those children.
Effective 02-01-97.
An order repealing and recreating ch. PSC 185, relating to standards for water public utility service.
Effective 02-01-97.
An order affecting ss. RL 34.01 and 34.011, relating to conditions for transporting firearms in vehicles by private security persons.
Effective 02-01-97.
An order creating ch. RL 130, relating to examinations and continuing education requirements for interior designers.
Effective 02-01-97.
An order affecting s. Trans 139.05 (8), relating to fee for title and registration processing contractors.
Effective 02-01-97.
An order affecting ss. Trans 325.01, 325.02, 326.01 and 328.03, relating to motor carrier safety regulations, motor carrier safety requirements for transportation of hazardous materials, and motor carrier safety requirements for intrastate transportation of hazardous materials.
Effective 02-01-97.
An order affecting ch. Trans 102, relating to driver license issuance.
Effective 02-01-97.
An order amending s. Trans 269.11 (2a), relating to transportation of garbage or refuse permits.
Effective 02-01-97.
Final Regulatory Flexibility Analyses
1.
Agriculture, Trade & Consumer Protection
(CR 96-149)
Ch. ATCP 77 - Lab certification rule.
Summary of Final Regulatory Flexibility Analysis:
This rule was created as a result of the 1995-97 biennial budget act, 1995 Wis. Act 27, which transferred much of the administration of Wisconsin's laboratory certification program from the department of health and social services to the department of agriculture, trade and consumer protection (“department”), effective July 1, 1996. The department will be responsible for certifying laboratories that test milk, food or water for compliance with public health standards prescribed by federal, state or local law. Wisconsin Act 27 states that the department's public health certification program must be funded by certification fees paid by the certification laboratories. The department must establish these fees by rule.
Current rules governing public health lab certification program are contained in ch. HSS 165, Wis. Adm. Code. The current rules remain in effect until the department amends or repeals them. The rule creates new certification and fee requirements for laboratories engaged in testing milk, water or food products. It also creates s. HSS 165.001 which states that none of the provisions of ch. HSS 165 relating to certification and fees apply to laboratories covered under the newly created ch. ATCP 77.
The rule identifies the laboratories which must be certified by the department. it also establishes a procedure by which a laboratory may obtain and annually renew its certification.
The rule establishes certification fees. A certified laboratory must pay an annual certification fee $216 for each different type of test performed by the laboratory. If a laboratory applies for certification in mid-year, the certification fee is prorated by the number of months remaining in the calendar year for which the applicant seeks certification.
Summary of Comments from Legislative Committees:
The rule was referred to the Assembly Committee on Health on November 4, 1996 and to the Senate Committee on Agriculture, Transportation, Utilities and Financial Institutions on November 6, 1996. The department received no comments or request for hearing from either committee.
Chs. HSS 101, 105 & 107 - Medical assistance program reimbursement for provision of school-based health care services.
Summary of Final Regulatory Flexibility Analysis:
These rules apply to school districts and cooperative educational service agencies (CESAs). They will not directly affect small businesses as “small business” is defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
Chs. HSS 105 & 107 - Elimination of coverage under th Medical Assistance (MA) program for services that are medically unnecessary.
Summary of Final Regulatory Flexibility Analysis:
These rule changes 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. They clarify that the MA program will not reimburse providers for the specified services or will not reimburse providers when the services are provided for certain purposes. In fact, the program has hardly ever paid for any of those services or for those purposes, but questions about coverage continue to be raised.
Summary of Comments:
No comments reported.
Ch. HSS 136 - Embalming standards.
Summary of Final Regulatory Flexibility Analysis:
These rule changes apply to the 1185 active licensed funeral directors and 159 apprentice funeral directors in the state. Although most of the 605 funeral establishments in Wisconsin are small businesses as “small business” is defined in s. 227.114 (1) (a), Stats., the changes will not have a significant economic impact on them. This is because the order only brings the rule language into conformity with the statutes, reorganizes and improves language use in one section of the rules and adds a provision calling attention to existing federal requirements for precautions to be taken when there may be exposure to blood-borne or other body fluid-borne pathogens.
Summary of Comments:
No comments were reported.
Ch. HSS 172 - Operation of public swimming pools.
Summary of Final Regulatory Flexibility Analysis:
Although many hotels, motels and apartment complexes that operate swimming pools are small businesses, as defined in s. 227.114 (1) (a), Stats., the rule changes will not have a significant economic impact on a substantial number of small businesses. That is because, apart from clarifying and updating the definition of public swimming pool, the rule changes are limited to changes in lifeguard staffing and equipment requirements. But since only pools with a surface area of 2000 or more square feet are required to have lifeguards, most swimming pools operated by small businesses will not have lifeguards and so are not subject to change in lifeguard staffing and equipment requirements.
Summary of Comments:
No comments were reported.
Chs. HSS 172, 175, 178 and 195 to 198, permit fee increases for public swimming pools, camps, campgrounds, hotels, motels and tourist rooming houses, restaurants, bed and breakfast establishments and food beverage vending operations and commissaries.
Summary of Final Regulatory Flexibility Analysis:
Most of the facilities affected by the permit fee increases are “small businesses,” as small business is defined in s. 227.114 (1) (a), Stats.
The rule provide for an increase of about 10% in permit fees and also an increase in preinspection fees. The fee increases are to cover increased costs of program administration.
There is some variation in the new fees, as there was in the old fees, depending on the size of the operation. The variation is related to the amount of time it takes Department staff to complete an inspection.
At the Department's public hearing on the proposed rule changes providing for fee increases, the representative of the Wisconsin Innkeepers Association said her organization, which includes many small businesses, was opposed to the fee increases and asked for more justification for the 20% total increase over the past 2 years. The Department sent a letter to that organization providing more information about why the most recent increase in fees had become necessary.
Summary of Comments:
No comments were received.
Ch. HSS 46 - Group day care centers for children.
Summary of Final Regulatory Flexibility Analysis:
About 600 of the 1,900 group day care centers in the state are small businesses as “small business” is defined in s. 227.114 (1) (a), Stats.
These licensing rules for group day care centers are being renumbered to be a separate chapter of rules, as a convenience for center operators and parents. They are also being updated. In the process, unnecessary requirements are deleted, greater flexibility is given to operators and some new provisions are added to protect children in care and sometimes center staff. New provisions include requiring energy-absorbing surfaces beneath all outside play equipment and requiring criminal record checks on license applicants and current and prospective centers employes.
At the public hearings on the proposed rule, no one maintained that group day care centers organized as small businesses should be exempt from some requirements or given other special considerations because they are small businesses.
Summary of Comments of Legislative Standing Committees:
No comments were received. However, following a meeting on October 12, 1995 of Department staff with the chairperson and some members of the Assembly Committee on Children and Families and representatives of two interested associations, the Wisconsin Child Care Administrators Association and the Wisconsin Early Childhood Association, the Department made several modification in the rules. These included, in particular, changing back the educational and experience qualifications for new administrators, center directors and child care teachers to be those in the current rules.
SS. NR 25.03 & 25.06 - Lake Superior commercial fishing licenses and lake trout quotas.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules can be interpreted to eliminate 11 small businesses, those being state licensed commercial fishing operations on lake Superior, based on the cooperative agreements reached between those 11 licensees and the Department. The proposed rules do not establish further requirements or obligations on small businesses.
