Under the Children's Bicycle Helmet Safety Act of 1994, the Federal Consumer Product Safety Commission (CPSC) issued a safety standard that requires all bicycle helmets to meet impact-attenuation and other safety requirements. The standard includes requirements specifically applicable to children's helmets and requirements to prevent children's helmets from coming off during an accident.
The federal rule was effective March 10, 1999, and applies to bicycle helmets manufactured after that date. Interim mandatory standards went into effect in 1995, and applied to bicycle helmets manufactured from 1995 until March 10, 1999, inclusive. Firms have the option of marketing and selling helmets meeting the new standard before its effective date.
The federal rule was announced in 1998 to give small businesses adequate time to adjust their inventories and prepare to purchase new products. Since the new standard allows for the continued sale of inventory manufactured prior to March 1999, which meets the 1995 safety standards, there will be no impact on small businesses as they deplete existing inventory. Adopting this federal standard into law in the Wisconsin Administrative Code will incorporate all applicable dates for sale of new and old inventory and harmonize state and federal law.
Drawstrings on Children's Clothing
In 1996, the federal Consumer Product Safety Commission (CPSC) issued guidelines to help prevent children from being strangled by or getting entangled in drawstrings. These guidelines recommend that manufacturers and retailers provide clothing with alternative closures, such as snaps, buttons, velcro and elastic, rather than drawstrings. CPSC also recommended that consumers purchase children's clothing with these alternative closures and remove all drawstrings from children's clothing already in their possession.
The proposed amendment will ban the sale of children's clothing, sized 0 to 16, manufactured after January 1, 2000, that has drawstrings on the neck area and children's outerwear with drawstrings, unless the garment meets the CPSC standards for drawstrings on children's outerwear. Because the majority of manufacturers and retailers have been following the CPSC guidelines voluntarily, these proposed rules should have no significant impact on small business in Wisconsin.
Since 1985, there have been 20 deaths and 43 injuries to children involving drawstrings. Because drawstrings on children's clothing are a hidden hazard that can lead to deaths and injuries, the interest of public safety far outweighs any potential cost to small businesses as a result of the proposed rule.
Based on the information above, the proposed rules are not expected to have a significant adverse impact on small businesses.
Summary of Comments from Legislative Committees:
On May 3, 1999, this department transmitted the above rule for legislative committee review. On May 5, 1999, this rule was assigned to the Senate Committee on Judiciary and Consumer Affairs. On May 11, 1999, the rule was assigned to the Assembly Committee on Consumer Affairs. The committee review period expired on June 11, 1999. No action was taken during the review period by the committees.
Ch. Comm 10 - Flammable and combustible liquids.
Summary of Final Regulatory Flexibility Analysis:
The rule provision contains no required reporting requirements. Rather, the rule sets a process by which the agency takes enforcement actions. The rule simplifies and streamlines the enforcement process by eliminating a number of steps and re-inspections that would otherwise be required. Less stringent enforcement actions are not provided in the rule because it is an implementation of federal EPA requirements, which the agency does not have the authority to modify.
The rule provision was not the subject of extensive comment by the regulated community. The trade and industry associations support the overall enforcement process. To the extent that issues exist, it has been on the overall code element that is being enforced which does impact businesses. The overarching code requirement, however, is set by the EPA and simply incorporated as required into state rules.
Summary of Comments from Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Agriculture and Environmental Resources and Campaign Finance Reform. No comments were received.
Ch. Comm 113 - Allocation of volume cap on tax-exempt private activity bonds.
Summary of Final Regulatory Flexibility Analysis:
Section Comm 113.06 requires applications to be submitted with a fee for economic development bonds. The fees are based on a sliding scale and recognize smaller economic bonds from larger ones. No issues were raised by small business at hearings, nor were any comments received during the open comment period.
Summary of Comments of Legislative Standing Committees
The rules were reviewed by the Assembly Committee on Small Business and Economic Development and the Senate Committee on Labor. No comments were received.
S. ElBd 6.05 - Filing campaign finance reports in electronic format.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule order does not have a significant economic impact on a substantial number of small businesses.
Summary of Comments:
No comments were reported.
6.
Financial Institutions-Banking
(CR 99-58)
Ch. DFI-Bkg 4 - Investments in time deposits and certificates of deposits.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will not have an adverse impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
7.
Financial Institutions-Banking
(CR 99-59)
DFI-Bkg 6 - Aggregate investments in bonds and certain other securities.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will not have an adverse impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
8.
Financial Institutions-Banking
(CR 99-60)
Ch. DFI-Bkg 7 - Real estate mortgage loans.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will not have an adverse impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
9.
Financial Institutions - Securities
(CR 99-61)
S. DFI-Sec 2.01 (1) (c)6 & (d)6. - Designating an alternative accounting guideline for the preparation of financial statements for Wisconsin and other state and local governmental issuers of securities utilizing the securities registration exemption in s. 551.22 (1)(a), Stats.
Summary of Final Regulatory Flexibility Analysis:
No final regulatory flexibility analysis is included because the rules relate solely to municipal/governmental securities issuers and do not impact small businesses.
Summary of Comments:
No comments were reported.
10. Health & Family Service
(CR 99-4)
SS. HFS 119.07 (6)(b) (intro.) and Medicare Plan tables and 119.15 - Operation of the Health Insurance Risk-Sharing Plan (HIRSP)
Summary of Final Regulatory Flexibility Analysis:
These rules will not affect small businesses as “small business” is defined in s. 227.114 (1) (a), Stats. Although the program statutes and rules provide for assessment of insurers to help finance HIRSP, no assessed insurer is a small business as defined in s. 227.114 (1) (a), Stats. Moreover, s. 149.143, Stats., prescribes how the amount of total insurer assessments to help finance HIRSP is determined.
Summary of Comments:
No comments were reported.
S. NR 10.40(5) — Turkey hunting by the disabled.
Summary of Final Regulatory Flexibility Analysis:
This rule relates to turkey hunting opportunities for the disabled. The rule does not regulate businesses. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. There were no comments.
S. PD 1.04 - Certification criteria.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules will not have an adverse impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
Ch. PSC 186 - Standards for water and or sewer service in mobile home parks.
Summary of Final Regulatory Flexibility Analysis:
Chapter PSC 186 has an impact on small business. In an effort to minimize the impact of the rules on small businesses, as defined in s. 227.114 (1) (a), Stats., the Commission has met with and received input from a number of mobile home park owners as well as the Wisconsin Manufactured Housing Association.
Summary of Comments:
No comments were reported.
Ch. PSC 183 - Requirements for joint local water authorities.
Summary of Final Regulatory Flexibility Analysis:
These proposed rules apply only to joint local water authorities, which are defined in the authorizing statute to be municipalities. Because the rules will apply only to joint local water authorities, which are defined as municipalities, there will be no financial burden of these proposed rules on small businesses. The rule will not have “a significant economic impact on a substantial number of small businesses.” as defined in s. 227.19(3m).
Summary of Comments:
No comments were reported.
Ch. PSC 187 - Sewer main extension and cost recovery.
Summary of Final Regulatory Flexibility Analysis:
As indicated in s. 66.076(1) (b), Stats., the purpose of these proposed rules is to compensate subdivision developers who construct sewer systems to which non-subdivision residents connect. These developers appear to be the only small businesses which would be affected by the rules, and the rules benefit rather than place a burden upon them. As such, there will be no financial burden of these proposed rules on small businesses. The rule will not have “a significant economic impact on a substantial number of small businesses.” as defined in s. 227.19 (3m), Stats.
Summary of Comments:
No comments were reported.
