On March 22, 2001, the department transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Labor and Agriculture on March 28 and the Assembly Committee on Agriculture on April 2, 2001. No action was taken by the Senate Committee on Labor and Agriculture during the review period. The Assembly Committee on Agriculture requested a meeting with the department and a 30-day extension of the initial review period. No action was taken during the extended review period.
Agriculture, Trade and Consumer Protection
(CR 00-183)
An order affecting ch.
ATCP 97 relating to public warehouse keeper license fees.
Effective 8-1-01
Final Regulatory Flexibility Analysis
This rule regulates public warehouse keepers to protect depositors. The regulatory program is funded entirely by license fees. Current fees are not adequate to sustain the program. License fees were last increased in 1994.
This rule increases annual license fees for public warehouse keepers, many of whom are small businesses. The fee increases range from 20% to 25%, depending upon the square footage of space used for storage of property of others, with a maximum increase of $100.
Summary of Comments of Legislative Standing Committees
On April 4, 2001, this department transmitted the above rule for legislative committee review. On April 12, the rule was assigned to the Assembly Committee on Small Business and Consumer Affairs. On April 11, it was assigned to the Senate Committee on Judiciary, Consumer Affairs, and Campaign Finance Reform.
Neither committee took any action on the rule during its review period.
Agriculture, Trade and Consumer Protection
(CR 01-015)
An order affecting ch.
ATCP 161 relating to payments to ethanol producers.
Effective 8-1-01
Final Regulatory Flexibility Analysis
199 Wis. Act 55 created an ethanol payment program under s.
93.75, Wis. Stats. Under this program, the department is authorized to make payments to certain ethanol producers. The legislation requires the department to adopt rules for the program.
To be eligible for a payment, the ethanol producer must produce at least ten million gallons of ethanol per year. The legislation requires the department to pay ethanol producers (who meet the requirements in the statue and rule) .20 cents per gallon for not more than 15 million gallons.
Ethanol producers may only apply if they have been in business for sixty months or less. Furthermore, the entire program is scheduled to sunset on July 1, 2006.
There is little chance that any ethanol producer who can produce the minimum ten million gallons per year would also meet the state's definition of a “small business" contained s.
227.114 (1) (s), Stats. In that statutory section, “small business" means a business entity, including its affiliates, which is independently owned and operated and not dominant in its field, and which employs fewer than twenty-five full time employees or which has gross annual sales of less than $2,5000,000. Consequently, the department expects this program to have minimal impact on small business in the ethanol production industry.
The program is expected to have a major positive impact on the prices of agricultural products used in the production of ethanol. By providing another market for these agricultural crops, the prices for those crops will likely increase ad this increase in prices will benefit Wisconsin farmers. Since the payment program is designed to promote the purchase or crops grown in Wisconsin, there will be a benefit to Wisconsin small businesses derived from this program and rule.
Legislative Committee Actions
On April 20, 2001, DATCP transmitted the above rule for legislative committee review. On April 23, the rule was referred to the Assembly Committee on Agriculture. On April 25, the rule was referred to the Senate Committee on Labor and Agriculture.
Both committees allowed the review period to expire without taking any action.
An order revising ch.
DOC 306, relating to security.
Effective 8-1-01
Final Regulatory Flexibility Analysis
There is no impact on small business.
Summary of Comments of Legislative Standing Committees
No comments were reported.
An order revising ss.
ETF 10.31 and
10.35, relating to participation in the variable trust funds.
Effective 8-1-01
Final Regulatory Flexibility Analysis
This rule does not affect small businesses.
Summary of Comments of Legislative Standing Committees
No comments were reported.
An order revising chs.
ETF 10 and
20, relating to creditable service.
Effective 8-1-01
Final Regulatory Flexibility Analysis
This rule concerns a retirement program open exclusively to qualifying employees of the state, counties (except Milwaukee County) and municipalities which have elected to participate in the Wisconsin Retirement System, as provided in Wis. Stat. 40.21. The Department therefore anticipates that the provisions of this proposed rule will have no direct adverse impact on small businesses.
Summary of Comments of Legislative Standing Committees
No comments were reported.
Financial Institutions-Securities
(CR 01-025)
An order revising chs.
DFI-Sec 1 and
5 relating to the Investment Adviser Registration Depository.
Effective 8-1-01
Final Regulatory Flexibility Analysis
No final regulatory flexibility analysis is included on the basis that the Division of Securities has determined, after complying with s.
227.016 (1) to
(5), Wis. Stats., that the rules will not have a significant economic impact on a substantial number of small businesses.
Summary of Comments of Legislative Standing Committees
No comments were reported.
Geologist, Hydrologists and Soil Scientists
(CR 00-139)
An order revising ch.
GHSS 1, relating to a rules committee.
Effective 8-1-01
Final Regulatory Flexibility Analysis
The rules will have no significant economic impact on a substantial number of small businesses as defined in s.
227.114 (1) (b), Stats.
Summary of Comments of Legislative Standing Committees
No comments were reported.
An order affecting ch.
Ins 3 relating to long-term care insurance.
Effective 1-1-02
Final Regulatory Flexibility Analysis
The Office of the Commissioner of Insurance has determined that this rule will not have a significant economic impact on a substantial number of small businesses and therefore a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
The legislative standing committees had no comments on this rule.
An order affecting chs.
NR 1,
50 and
51 relating to stewardship program.
Effective 8-1-01
Final Regulatory Flexibility Analysis
The proposed rules are applicable to municipalities, nonprofit conservation organizations, conservation organizations and friends groups. The rules impose no compliance or reporting requirements on small businesses. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environmental Resources. Though the Assembly Committee on Natural Resources extended their review period, there were no comments or recommendations on the proposed rule.
An order revising chs.
NR 116 and
333 relating to dam design and construction standards and zoning downstream of dams.
Effective 8-1-01
Final Regulatory Flexibility Analysis
The proposed rule does not regulate small business; 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 Environmental Resources. There were no comments.
An order affecting ch.
NR 1, relating to the Natural Resources Board policy on wetlands preservation, protection, restoration and management.
Effective 8-1-01
Final Regulatory Flexibility Analysis
The proposed rules do 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 Environment and the Senate Committee on Environmental Resources. There were no comments.
An order to create ch.
NR 754 relating to environmental insurance requirements for liability exemptions for voluntary remediation.
Effective 8-1-01
Final Regulatory Flexibility Analysis
