On November 24, 1999 this department transmitted the above rule for legislative committee review. The rule was referred to the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform on December 1, 1999 and to the Assembly Committee on Agriculture December 6, 1999. Neither the Assembly Committee on Agriculture nor the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform took any action on the rule during their review period.
3.
Agriculture, Trade & Consumer Protection
(CR 99-133)
Ch. ATCP 105 - Selling motor vehicle fuel below cost.
Summary of Final Regulatory Flexibility Analysis:
The proposed additions to ATCP 105, Wis. Adm. Code do not have a significant adverse effect on small business. ATCP 105 interprets the “Unfair Sales Act,” s. 100.30, Stats. This statute prohibits sellers of motor vehicle fuel and other products from selling products below cost as “cost” is defined in the statute. An exception allows a seller to sell products below cost in order to meet the price of a competitor.
Competition in the retail motor fuel industry is also affected by credit card promotions offered by third parties. A credit card company (such as a financial institution or major oil company affiliate) may offer credit card discounts to consumers who buy a particular brand of motor fuel, even though the credit card company is not the retail seller of that motor fuel. For example, a credit card company may advertise: “Use your ABC Oil Company credit card, and receive a discount of 3 cents per gallon.” The credit card company, rather than the motor fuel retailer, offers the promotional discount. Although the motor fuel retailer charges and receives the normal pump price, the credit card user receives an effective discount of 3 cents per gallon.
Because the credit card company is not the motor fuel retailer, the credit card promotion may escape coverage under the Unfair Sales Act. Since the motor fuel retailer charges and receives the full pump price, the retailer may be in compliance with the act (assuming that the pump price complies). The credit card company, which offers the promotion, may escape coverage because it is not engaged in the retail sale of motor fuel.
This rule clarifies that, under certain conditions, a motor fuel retailer may “match” a competing credit card promotion without violating the Unfair Sales Act, even though the competing promotion is offered by a credit card company rather than a competing motor fuel retailer. This rule may help some small motor fuel retailers by allowing them to compete more effectively.
Summary of Comments from Legislative Committees:
On December 22, 1999, the department transmitted the above rule for legislative committee review. The rule was referred to the Assembly Committee on Consumer Campaign Finance Reform. The Assembly Committee took no action.
The Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform held a hearing on the rule on February 15, 2000. After hearing testimony from Bill Oemichen, Administrator, Division of Trade and Consumer Protection, representing the department, the Committee held an executive session and voted unanimously to take no action.
S. Chir 4.07 - Practice while suspended.
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:
No comments reported.
Chs. Comm 50-64 - Fire safety requirements in the Commercial Building Code.
Summary of Final Regulatory Flexibility Analysis:
Only 2 comments were received during public hearings on these rules. Both comments were strongly in favor of adopting the proposed rules as written. The NFPA standards proposed for adoption are established through a national consensus process, which takes full advantage of the latest design, inspection and maintenance technologies. The proposed rule changes are written to allow these technologies to be used. The public hearing participants, as well as the members of the Fire Safety Code Council and the Commercial Building Code Council strongly believe that adoption of these updated standards will be a service for all citizens and businesses of the state.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Labor and the Senate Committee on Economic Development, Housing and Government Operations. No comments were received.
Chs. HFS 101 to 103 and 108 - BadgerCare health insurance program.
Summary of Final Regulatory Flexibility Analysis:
These rules will not directly affect small businesses as “small business” is defined in s. 227.114 (1) (a), Stats. The rules apply to the Department, to families that are applicants for or recipients of the health care coverage provided by BadgerCare and to county social service or human service departments that take applications and determine eligibility for BadgerCare.
Summary of Comments:
No comments reported.
Ch. HFS 145 — Relating to control of communicable diseases.
Summary of Final Regulatory Flexibility Analysis:
These are amendments to rules relating to reporting of specified communicable diseases to the Department and local health departments and to the general powers of the Department and local health departments to control these diseases and the methods they are to employ in controlling them. The rule changes will affect mainly the Department and local public health officers.
The rule changes will not have a significant economic impact on a substantial number of small businesses. Some of the physicians and laboratories required to report cases and suspected cases of the 14 communicable diseases and conditions being added to the list of reportable diseases in Appendix A of the rules are small businesses as “small business” is defined in s. 227.114 (1) (a), Stats. But for many years they have been expected to report cases and expected cases of communicable diseases that that have been on that list, and the reporting system, including forms, is in place, so that this additional reporting, which includes a requirement for a written report on a Department form to follow-up the required immediate report of a Category I communicable disease, should not be burdensome and will not require new professional skills.
Comments of Legislative Standing Committees:
No comments were received.
S. HEA 11.03 - Minority teacher loan program.
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:
No comment were reported.
Chs. Med 1 & 2 - Computer-based examinations.
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:
No comments were reported.
Ch. NR 5 - Boating enforcement and education.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules do not regulate small businesses; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. On December 17, 1999, the Assembly Committee on Natural Resources extended their review period. No comments were received during the review period.
Ch. NR 140 - Groundwater standards for toluene and xylene.
Summary of Final Regulatory Flexibility Analysis:
The Department does not believe that the proposed amendments will have a significant economic impact on a substantial number of small businesses. Rather, the Department anticipates the amendments would benefit small businesses in two ways. First, small businesses would not be required to take an action until the higher standards were exceeded. Second, a number of entities that formerly were not eligible for an exemption under ch. NR 140 would be now. This would mean a number of cases, including brownfield sites, could be closed and redeveloped.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. On December 17, 1999, the Assembly Committee on Natural Resources extended their review period. No comments were received during the review period.
Ch. NR 439 — Volatile organic compound capture efficiency test methods.
Summary of Final Regulatory Flexibility Analysis:
The rule package is not expected to have a significant economic impact on a substantial number of small businesses. Any adverse impacts are expected to be small. For more flexibility, U.S. EPA has added two sets of statistical criteria which allow the use of data obtained with alternate capture efficiency methods.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Environment and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. There were no comments.
Chs. NR 460, 466 and 484 — National emission standards for hazardous air pollutants for the printing and publishing industry.
Summary of Final Regulatory Flexibility Analysis:
The proposed rules do not have a significant economic impact on a substantial number of small businesses. Nine facilities have notified the Department that they are major hazardous air pollutant sources subject to the code. In addition, 15 facilities have notified the Department that they are area (minor) sources. None of the 9 sources that submitted notifications as affected major sources are small businesses.
Summary of Comments by Legislative Review Committees:
The rules were reviewed by the Assembly Committee on Environment and the Senate Committee on Agriculture, Environmental Resources and Campaign Finance Reform. There were no comments.
Chs. Phar 1 & 15 - Preparation of sterile pharmaceuticals by pharmacists.
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:
No comments were reported.
Ch. PSC 117 - Assignment of costs and opportunity sales.
Summary of Final Regulatory Flexibility Analysis:
Rules affect public utilities as defined in s. 196.01 (5), Stats. These entities are not small businesses as defined by s. 227.114, Stats.
Summary of Comments:
No comments were reported.
Ch. Trans 316 - Wood harvesting slasher.
Summary of Final Regulatory Flexibility Analysis:
This proposed rule will have no adverse impact on small businesses.
Summary of Comments:
