Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the May 31, 2002, 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.
An order affecting ch.
Comm 107, relating to the Wisconsin technology zone program.
Effective 6-1-02
Summary of Final Regulatory Flexibility Analysis
This rule should not materially impact the cost of report preparation by small business as most of the reporting requirements contained in this rule are currently as required by the Department of Revenue.
No oral or written hearing comments were received regarding significant small business issues.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order affecting ch.
Comm 7, relating to explosive materials.
Effective 6-1-02
Summary of Final Regulatory Flexibility Analysis
There are no small businesses that will be affected by the rule.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order affecting chs.
HFS 172,
175,
178 and
195 to
198, relating to permit fees for the operation of public swimming pools, recreational and educational camps, campgrounds, hotels and motels, tourist rooming houses, restaurants, bed and breakfast establishments and food and beverage vending operations and commissaries.
Effective 6-1-02
Summary of Final Regulatory Flexibility Analysis
Many of the 11,000 establishments regulated by the department are small businesses as defined in s.
227.114 (1) (a), Stats. These facilities will be impacted by an increase in annual permit fees. The department has historically addressed the concern over increased license fees in the lodging and campground industry by scaling fees based upon the capacity of the facility. Lodging and campground facilities with a smaller number of rooms or campsites will continue to require lower permit fees than larger, more complex operations. In addition, in response to hearing comments from small lodging facility operators, the department has revised downward the proposed fee increases for the smallest lodging facilities (hotels and motels), campgrounds and tourist rooming houses.
Before the present rulemaking proposal, no distinction was made between permit fees for large or small full service restaurant operations. Smaller locally owned restaurants and taverns were especially negatively impacted by this licensing format. For this reason, the rulemaking order includes a proposal that fees for food service operations be divided into three categories, based on the complexity of the operation, as well as an analysis of the foods they prepare. Simple operations translate into relatively brief inspections, thus the fees for these types of small businesses are proposed to increase by only $12 per year. The department proposes that permit fees for complex restaurant operations, that require a number of hours to properly inspect, be increased by $82 for moderately complex restaurant establishments or $152 for highly complex restaurant establishments per year.
The concern over the economic impact of permit fee increases on small businesses was raised frequently during the hearing process. To address these concerns, the department met with restaurant and tavern industry representatives subsequent to the hearings to review the criteria with which the department proposed to classify restaurant permits. As a result of the meeting, the proposed criteria set forth in HFS 196.04 (2) (d) and Table HFS 196.04, was revised to ensure that permits for operations that have a lesser public health risk would be placed in a "simple" permit category. The permit fee increase for these facilities is proposed at $12 per year.
The department has attempted to minimize the fiscal impact of the proposed licensing increases on small businesses by scaling permit fees according to size and complexity of operations. Licensing fees are the department's only source of revenue for the regulation of the state's campgrounds, recreational and educational camps, the operation of swimming pools that serve the public, restaurants, hotels and motels, tourist rooming houses, bed and breakfast establishments and food vending operations. There are no alternative means of funding the regulatory program. The fee increases are necessary to continue to fund the department's program to ensure the health and safety of patrons using the regulated facilities.
The proposed rules will not require any additional costs or actions on the part of regulated facilities.
The department believes any impact on the public's health, safety, and welfare will be positive, in terms of an increased frequency of routine inspections, facility consultations, better response to consumer complaints, and necessary enforcement actions.
Summary of Comments of Legislative Standing Committees
The Assembly Committee on Tourism and Recreation requested that the Department lower the proposed fee increases. At the Committee's request the Department lowered the proposed fee increases.
No comments were received from the Senate Committee on Human Services and Aging.
An order creating s.
HFS 119.07 (6m) and table, to establish a separate prescription drug coinsurance benefit relating to the Health Insurance Risk-Sharing Plan (HIRSP) with limits on HIRSP policyholder out-of-pocket expenses for covered prescription drugs.
Effective 6-1-02
Summary of Final Regulatory Flexibility Analysis
The rule changes 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 the Health Insurance Risk-Sharing Plan (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 an insurer's assessment to help finance HIRSP is to be determined.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order affecting ch.
NR 47, relating to forest fire protection grants and sustainable forestry grants for county forests.
Effective 6-1-02
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 of Legislative Standing Committees
The 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.
Phar 2,
4,
12 and
13, relating to consultation programs and licensure requirements.
Effective 6-1-02
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 were received.
An order affecting ch.
PI 25, relating to the children at risk program.
Effective 6-1-02
Summary of Final Regulatory Flexibility Analysis
These rules will have no impact on small businesses.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order repealing chs.
PI 23,
33,
39 and
43, relating to the elimination of obsolete rules.
Effective 6-1-02
Summary of Final Regulatory Flexibility Analysis
These rules will have no impact on small businesses.
Summary of Comments of Legislative Standing Committees
No comments were received.
Effective 6-1-02
Summary of Final Regulatory Flexibility Analysis
These rules will have no impact on small businesses.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order affecting ch.
Trans 305, relating to standards for vehicle equipment.
Effective 6-1-02
Summary of Final Regulatory Flexibility Analysis
This proposed rule will have no significant adverse impact on small businesses.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order affecting ch.
Trans 102, relating to the issuance of driver's licenses and identification cards.
Effective 6-1-02
Summary of Final Regulatory Flexibility Analysis
The provisions of this rule have no effect on small businesses.
Summary of Comments of Legislative Standing Committees
No comments were received.
Volunteer Fire Fighter & EMT Service Award Board
(CR 01-123)
An order creating ch.
VFF-EMT 1, relating to a Length of Service Award Program for Volunteer Fire Fighters and Emergency Medical Technicians.
Effective 6-1-02
Summary of Final Regulatory Flexibility Analysis
Pursuant to s.
227.114, Stats., the rule herein is not expected to negatively impact small businesses.
Summary of Comments of Legislative Standing Committees
No comments were received.
An order creating ch.
DWD 44, relating to child support incentive payments.
Effective 6-1-02
Summary of 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
No comments were received.
An order affecting ch.
DWD 55, relating to day care certification.
Effective 6-1-02
Summary of Final Regulatory Flexibility Analysis
The proposed rules affect certified child care providers but do not have a significant economic impact. The changes require no significant professional skills or reporting or bookkeeping procedures for compliance with the rule.
Summary of Comments of Legislative Standing Committees
No comments were received.
