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.
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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.
Insurance
(CR 00-133)
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.
Insurance
(CR 01-050)
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.
Medical Examining Board
(CR 01-031)
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.
Medical Examining Board
(CR 01-032)
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.
Natural Resources
(CR 01-002)
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.
Natural Resources
(CR 01-008)
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