Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the October 31, 2001 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade and Consumer Protection
(CR 01-021)
An order affecting ch.
ATCP 29, relating to pesticide license fee surcharges.
Effective 11-1-01
Final Regulatory Flexibility Analysis
Businesses affected: Currently all manufactures and labelers of pesticides used in agricultural crop production must register those pesticides and pay certain fees for those pesticides, with the fees based on the value of Wisconsin sales. Agricultural coops and farm centers that sell or apply pesticides must be licensed to do these activities. A portion of these fees, known as the Agricultural Chemical Cleanup Program (ACCP) surcharge, are used to clean up sites that have been contaminated by spills of pesticides and fertilizers. Most of the surcharge fees are passed to farmers through distributor imposed surcharges on the products.
The product and license surcharge fees have not been collected since December of 1997 because the balance of funds that were available in the ACCP fund exceeded the anticipated costs of cleaning up contaminated sites. This is no longer the case, and as a result, the proposed changes to ATCP 29, Wis. Adm. Code, reinstate the product and license surcharge fees.
Most manufacturers of pesticides and many manufacturers of fertilizers, as well as many agricultural coops and farm centers are not small businesses. Some smaller coops and farm centers are small businesses. Since most of these fees are passed on to farmers, the greatest impact should be at the farm level, most of which are small businesses.
Anticipated impacts: The department estimates this rule will increase farm costs by $1,560,000 during state FY 2001/2002. Based on 30,000 farms, the department anticipates average per farm cost of about $52. Separate from this rule, previously scheduled increases in license fees and surcharges, fertilizer tonnage fees and surcharges and pesticide registration fees and surcharges will commence in state FY 2002/2003. These fee and surcharge increases total $3.7 million, with a per farm cost of $123 per year, starting in State FY 2002/2003.
There are no anticipated changes in recordkeeping, reporting, or other practices as a result of this rule.
Summary of Comments of Legislative Standing Committees
On June 8, 2001, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Senate Agriculture, Environmental Resources and Campaign Finance Reform and the Assembly Committee on Agriculture. A joint hearing was held on August 2, 2001. Neither committee filed an objection to the rule.
Hearing and Speech Examining Board
(CR 01-043)
An order affecting ch.
HAS 6, relating to the licensure and regulation of speech-language pathologists, audiologists, temporary licensees and supervision of unlicensed individuals.
Effective 11-1-01
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
No comments reported.
An order affecting ch.
Ins 3, relating to Medicare Supplement and Replacement Plans.
Effective 11-1-01
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 ch.
Ins 50, relating to notes to financial statements.
Effective 11-1-01
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 ch.
Med 10, relating to prescribing or dispensing schedule II amphetamines or schedule II anorectics.
Effective 11-1-01
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
No comments reported.
An order affecting ch.
Med 1, relating to the United States Medical Licensing Examination (USMLE).
Effective 11-1-01
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
No comments reported.
An order affecting ch.
NR 415, relating to control of particulate matter emissions.
Effective 11-1-01
Final Regulatory Flexibility Analysis
These updated rules will affect any company that emits particulate matter in certain portions of Beloit, Milwaukee and Waukesha. However, the rule will not change applicable emission limits or add any new requirements for such sources.
Summary of Comments of Legislative Standing 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 affecting chs.
NR 1,
10,
11,
16,
17 and
45, relating to hunting, trapping and captive wildlife.
Effective 11-1-01, 1-1-02 and 4-1-02
Final Regulatory Flexibility Analysis
The proposed rules are applicable to individual sportspersons and impose no compliance or reporting requirements for 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. On July 25, 2001, the Assembly Committee on Natural Resources held a public hearing. No requests for modifications were received as a result of this hearing.
An order affecting chs.
NR 716,
749,
811 and
812, relating to implementation of a geographic information system registry of closed remediation sites, for properties with groundwater contamination exceeding NR 140 enforcement standards at the time of case closure.
Effective 11-1-01
Final Regulatory Flexibility Analysis
The department does not expect any negative impact on small business as a result of this action. It is anticipated that this action will save time and potentially money for prospective purchasers as they will be better able to access the available GIS database and BRRTS and determine whether environmental concerns exist on the property early on.
Summary of Comments of Legislative Standing Committees
The proposed rules were reviewed by the Assembly Committee on Environment and the Senate Committee on Environmental Resources. On June 21, 2002, the Senate Committee on Environmental Resources held a public hearing. On July 17, the Assembly Committee on Environment held a public hearing. No requests for modifications were received as a result of these hearings.
An order creating ch.
NR 199, establishing municipal flood control and riparian restoration grants.
Effective 11-1-01
Final Regulatory Flexibility Analysis
The proposed rule does not regulate 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. On July 25, 2001, the Assembly Committee on Natural Resources held a public hearing. No requests for modifications were received as a result of this hearing.
An order affecting ch.
NR 46, relating to the administration of the Forest Crop Law and the Managed Forest Law.
Effective 11-1-01
Final Regulatory Flexibility Analysis
This rule does affect small business. Small private forest landowners and forest industries enrolled under the Forest Crop Law and the Managed Forest Law are required to pay 10% and 5% respectively of the stumpage value adopted in the zone for the species and wood product volume cut from their land. Existing compliance and reporting procedures are defined by statutes.
Summary of Comments of Legislative Standing Committees
The proposed rules were reviewed by the Assembly Committee on Rural Affairs and Forestry and the Senate Committee on Environmental Resources. There were no comments.
An order affecting chs.
N 4 and
8, relating to the Nurse Licensure Compact.
Effective 11-1-01
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
No comments reported.
An order affecting chs.
N 2 and
3, relating to the Nurse Licensure Compact.
Effective 11-1-01
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
No comments reported.
An order affecting ch.
PSC 185, relating to standards for water public utility service.
Effective 11-1-01
Summary Regulatory Flexibility Analysis
The proposed rules would apply to public utilities as defined in s.
196.01 (5), Stats. The proposed rules do not affect small businesses as defined in s.
227.114, Stats.
An order affecting ch.
DWD 14, relating to stale electronic food stamp accounts.
Effective 11-1-01
Final Regulatory Flexibility Analysis
The proposed rules have no significant impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
None.
