Summary of Comments:
No comments reported.
3.
Commerce (Development)
(CR 97-4)
Chs. DOD 13 and Comm 113 - Annual allocation of volume cap on tax-exempt private activity bonds for 1997.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule is not expected to have any impact on small businesses, except for businesses located within the state that desire to obtain the economic benefit of industrial revenue bond financing using the volume cap allocated by the Department of Commerce. The small business ombudsman attended the public hearing and provided written testimony in support of the rule and indicated that the rule would not negatively impact small business.
No comments were received from small business.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Housing and by the Senate Committee on Economic Development, Housing and Government Operations. No comments were received.
SS. ER 18.01, 18.04 and 18.15 - Creation of a catastrophic leave program that permits classified nonrepresented employes to donate certain types and amounts of leave credits to other classified nonrepresented employes who have been granted an unpaid leave of absence due to a catastrophic need and removal of the reference to Good Friday as a legal holiday for state employes.
Summary of Final Regulatory Flexibility Analysis:
The rule affects state employes and does not regulate small business.
Summary of Comments:
No comments were reported.
Ch. HSS 144 - Immunization of students.
Summary of Final Regulatory Flexibility Analysis:
These rule changes will affect students, schools, local health agencies, county attorney offices and the Department. They will not directly affect small businesses as “small business” is defined in s. 227.114 (1) (a), Stats., except day care centers that are organized as small businesses.
About 700 of the 2200 group (9 or more children) day care centers in the state are small businesses, as are virtually all of the 2600 family (4 to 8 children) day care centers. Day care centers for many years have been checking for compliance with required immunizations for school entry. By adding two new diseases against which students must be immunized, the rule changes will modestly increase paperwork for all day care centers. This is unavoidable as part of the system for protecting children against certain serious diseases to which children are susceptible and which are preventable through administration of approved vaccines.
Summary of Comments of Legislative Standing Committees:
No comments were received.
S. NR 25.04 (2) (b) - Transfer of commercial fishing licenses.
Summary of Final Regulatory Flexibility Analysis:
These proposed rule will directly affect only commercial fishers. No additional compliance or reporting requirements will be imposed as a result of these proposed rule changes.
Summary of Comments by Legislative Review Committees:
The proposed rule was reviewed by the Assembly Natural Resources Committee and the Senate Agriculture and Environmental Resources Committee. On March 5, 1997, the Assembly Natural Resources Committee held a public hearing. At the close of the public hearing, the committee objected to the proposed rule on the grounds that the proposed rule lacked statutory authority and failed to comply with legislative intent. The proposed rule was referred to the Joint Committee for Review of Administrative Rules.
On April 16, 1997, the Joint Committee for Administrative Rules held a public hearing. The Joint Committee voted to nonconcur with the Assembly Natural Resources Committee's objection.
S. NR 25.08 (3) (b) - Transfer of individual licensee catch quotas upon the death or incapacity of the quota holder.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule changes will directly affect only commercial fishers. No additional compliance or reporting requirements will be imposed as a result of these proposed rule changes.
Summary of Comments by Legislative Review Committees:
The proposed rule was reviewed by the Assembly Natural Resources Committee and the Senate Agriculture and Environmental Resources Committee. On March 5, 1997, the Assembly Natural Resources Committee held a public hearing. At the close of the public hearing, the committee objected to the proposed rule on the grounds that the proposed rule lacked statutory authority and failed to comply with legislative intent. The objection was based on the committee's belief that the proposed rule invested commercial fishers with a property right to catch quotas. The proposed rule was referred to the Joint Committee for Review of Administrative Rules.
On April 16, 1997, the Joint Committee for Administrative Rules held a public hearing. At that public hearing, the Lake Michigan Commercial Fishing Board submitted a germane modification to the proposed rule. The modification removed the provision that, during a transfer abeyance period, an ineligible designated transferee or immediate family member would be able to apply for and authorize a transfer of the quota to an eligible third party who is not necessarily and immediate family member - even in cases where it is apparent to the Department that the designated transferee or immediate family member cannot possibly qualify within 2 years. The Joint Committee accepted the germane modification and voted to nonconcur with the Assembly Natural Resources Committee's objection.
S. NR 10.09 (1) (c) 1. a. - Definition of a “muzzleloader” for the muzzleloader gun deer season.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule does not regulate small business; therefore, a final regulatory flexibility analysis was not prepared.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Natural Resources Committee and the Senate Agriculture and Natural Resources Committee. There were no comments.
SS. NR 10.01, 10.26 and 11.08 - Sharp-tailed grouse hunting.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules pertain to hunting and are applicable to individual sportspeople and impose no requirements on small businesses.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Natural Resources Committee and the Senate Agriculture and Environmental Resources Committee. There were no comments.
Chs. NR 25 and 26 - Lake Superior fisheries management plan.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule changes will directly affect licensed commercial fishers on Lake Superior. No additional compliance or reporting requirements will be imposed as a result of these rule changes.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Natural Resources Committee and the Senate Agriculture and Environmental Resources Committee. On April 2, 1997, the Assembly Natural Resources Committee held a public hearing. The Committee did not request any modifications to the proposed rule.
S. NR 5.21 (2) - Wild Rose Mill Pond slow-no-wake waiver.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule does not regulate businesses; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Natural Resources Committee and the Senate Agriculture and Environmental Resources Committee. There were no comments.
SS. NR 20.02, 20.03 and 25.06 - Sport and commercial fishing for yellow perch in Lake Michigan.
Summary of Final Regulatory Flexibility Analysis:
The proposed order will directly affect licensed commercial fishers. Indirect effects will be felt by businesses, including fish wholesalers and bait and tackle shops, that depend on sport or commercial fishing for yellow perch. No additional compliance or reporting requirements will be imposed as a result of these rule changes.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Natural Resources Committee and the Senate Agriculture and Natural Resources Committee. There were no comments.
Ch. Trans 117 - Occupational driver's license.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule is not expected to affect small businesses, except those engaged in the provision of interlock services to the public.
In accordance with the requirements of s. 227.19 (3) (e), Stats., the Department provides the following analysis of the administrative rule:
1. The methods suggested in s. 227.114 (2), Stats., for reducing the impact of a regulation upon a small business will not be useful in this situation. The small businesses affected require the government to supply them with clientele, and this proposed regulation may decrease the number of drivers who are required to obtain ignition interlock devices (IID's) as a condition of obtaining an occupational license. The potential impact on these businesses results not from cost of compliance with government regulations, but from potential change in demand for their product.
2. Representatives of National Interlock Service suggested at hearing that the Department require all drivers convicted of second or greater offense OWI to obtain IID's as a condition of occupational licensing. The Department believes s. 343.10 (5) (a) 3., Stats., grants the Department discretionary authority to impose the requirement on some, but not all such drivers. No other alternatives were suggested. The Department did, however, expand the scope of situations where it would order the use of ignition interlocks by repeat drunk drivers to include all situations in which a court recommends or orders imposition of the requirement.
3. No reports are required of small businesses under this rule.
4. No measures or investments are required of small businesses to comply with this rule.
5. The methods suggested by s. 227.114 (2), Stats., are inapplicable in this instance and therefore providing a cost analysis of using those methods is not possible.
6. The methods suggested by s. 227.114 (2), Stats., are inapplicable in this instance and therefore providing a public health, safety and welfare impact analysis is not possible.
Summary of Comments:
No comments were reported.
S. VE 4.01 (3) - Evidence that would be required in order to obtain a veterinary license of a candidate who is not a graduate of a school that has been approved by the Board.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
Ch. DWD 58 - Child care quality standards and grants.
Summary of Final Regulatory Flexibility Analysis:
No effect on small business.
