Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the October 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.
Accy 1, relating to auditing standards, standards for accounting and review services, and standards for attestation engagements. Effective 11-1-02.
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 received.
Agriculture, Trade and Consumer Protection
(CR 01-076)
An order affecting ch.
ATCP 21, relating to plant inspection and pest control programs. Effective 11-1-02.
Summary of Final Regulatory Flexibility Analysis
This rule modifies ch.
ATCP 21 and s.
ATCP 29.56, Wis. Adm. Code, related to plant inspection and pest control programs. This rule eliminates Japanese beetle import restrictions. It also makes technical updates and corrections to current rules. The rule updates scientific names of honeybee pests and inserts a previously omitted statutory reference.
Removal of the Japanese beetle import restrictions allows for unrestricted movement of plants, soil and other materials that may harbor Japanese beetles. Japanese beetles have infested Wisconsin despite the import regulations. The continued regulation of imported items will not deter the natural spread of Japanese beetle in Wisconsin. Continued import restrictions will serve little purpose other than to encumber interstate commerce.
Many nursery growers are classified as small businesses. They import and export plants, soil and other materials that may transport Japanese beetles. The current rule places the expense of inspection and certification on out-of-state small businesses. The removal of this rule will reduce the cost to these small businesses.
Repeal of this rule will allow for compliance with the U. S. Harmonization Plan on Japanese Beetle Regulations, published by the National Plant Board. The plan suggests uniform state regulatory standards for Japanese beetle, and considers regulation of shipments from infested to non-infested states. Wisconsin is already listed in the U. S. Harmonization Plan as infested. Therefore, certification recommendations in the plan apply to Wisconsin nurseries.
The plan's certification protocol allows a variety of approved treatments to control Japanese beetle and growing practices that exclude Japanese beetle. The National Plant Board developed this plan in cooperation with the regulated industry. The goals are to reasonably mitigate pest risk to an acceptable level for the effective interstate movement of nursery stock.
The repeal of the current rule is in agreement with the U.S. Harmonization Plan, and allows for the uninhibited movement of regulated items into Wisconsin. The removal of the import restrictions may expand available sources of currently restricted items. It will also reduce the expense of small businesses that import plants, soil and other materials from infested states into Wisconsin.
DATCP already inspects and certifies Wisconsin nurseries for export of regulated items, because Wisconsin is infested with Japanese beetles. DATCP will continue to provide export certification services to persons who wish to export regulated materials from Wisconsin to non-infested states. These rule changes will reduce the cost to nurseries in infested state importing into Wisconsin, and increase available sources of nursery stock, soil and other materials to Wisconsin nurseries.
Summary of Comments of Legislative Standing Committees
On May 24, 2002, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Labor and Agriculture, and the Assembly Committee on Agriculture.
• The Assembly committee took no action on this rule during the review period.
•The Senate committee took no action on this rule during the review period.
An order affecting chs.
Comm 2, relating to fee schedule and Comm 8, relating to mines, pits and quarries. Effective 11-1-02.
Summary of Final Regulatory Flexibility Analysis
The Statutes require the Department to charge fees to cover the costs of the Department's services that are provided in the administration and enforcement of the Department's various programs. The proposed revisions in the Department's mine safety program revenue fees are necessary to meet the directives of the Statutes, and any less stringent requirements would be contrary to the Statutory objectives which are the basis for the rules. The revisions have been developed in order to create a more equitable fee-for-service mechanism for those persons receiving the Department's mine safety training.
Small businesses generally supported the proposed rules, and offered to work with the Department to improve the mine safety program.
Summary of Comments of Legislative Standing Committees
No comments received.
An order affecting ch.
CSB 2, relating to classifying dichloralphenazone as a schedule IV controlled substance. Effective 11-1-02.
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 received.
Financial Institutions-Corporate and Consumer Services
(CR 02-068)
An order affecting ch.
DFI-CCS 10, relating to certain fees regarding partnerships, corporations, limited liability companies and cooperatives.
Effective 11-1-02
.
Summary of Final Regulatory Flexibility Analysis
Pursuant to s.
227.19 (3m), a final regulatory flexibility analysis is not required.
Summary of Comments of Legislative Standing Committees
No comments received.
An order affecting chs.
HFS 152,
153 and
154, relating to reimbursement for treatment of persons with chronic renal disease, hemophilia or cystic fibrosis. Effective 11-1-02.
Summary of Final Regulatory Flexibility Analysis
The proposed WCDP rule changes affect the program's enrollees, the Department of Health and Family Services and the Department's fiscal agent. The proposed changes do not affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
No comments received.
An order affecting ch.
Ins 8, relating to publication of health insurance rates for small employers. Effective 11-1-02.
Summary of 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.
NR 484, relating to the establishment and operation of a voluntary multi-pollutant emission reduction registry. Effective 11-1-02.
Summary of Final Regulatory Flexibility Analysis
Since the proposed rule is voluntary and does not require anyone to do anything, it will not have any significant economic impact on small business. Small businesses could benefit from the registry rule if they improve energy efficiency to produce emission reductions, thereby saving money and improving their profitability and competitiveness. The emission reductions could be registered and possibly sold. They could also benefit if they are hired by a larger business to do plantings for a carbon sequestration project or to collect mercury-containing products. Small consulting firms may be hired by larger companies to help them manage emissions and emission reductions.
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 106,
211, and
219, relating to regulatory mercury in wastewater discharge permits. Effective 11-1-02.
Summary of Final Regulatory Flexibility Analysis
The rule should have only minor impacts on small businesses. The rule affects industrial, as well as municipal facilities, some of whom are probably classified as small businesses. However, water quality standards for permitting procedures for mercury have already been promulgated in chs.
NR 105 and
106. Lacking this proposed rule, a permittee is still required under those existing rules to demonstrate that it can meet water quality standards.
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 ch.
NR 46, relating to the administration of the Forest Crop Law and the Managed Forest Law. Effective 11-1-02.
Summary of Final Regulatory Flexibility Analysis
Landowners cutting timber from Forest Crop and Managed Forest Law lands will pay severance and yield taxes based on the revised stumpage values. The forest products industries own approximately 40% of the forest tax law acreage and, therefore, will be affected as landowners. Small private forest landowners and forest industries enrolled under the Forest Crop Law and Managed Forest Law are required by statute 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.
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 ch.
Tax 2, relating to corporation returns, claims for refund and other amended returns and petitions for redetermination. Effective 11-1-02.
Summary of Final Regulatory Flexibility Analysis
This proposed rule order does not have a significant economic impact on a substantial number of small businesses.
Summary of Comments of Legislative Standing Committees
No comments received.
Social Workers, Marriage & Family Therapists & Professional Counselors
(CR 02-105)
An order affecting chs. SFC 1 to 20, relating to practitioners of psychotherapy. Effective 11-1-02.
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 received.
An order affecting ch.
Trans 276, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways. Effective 11-1-02.
Summary of Final Regulatory Flexibility Analysis
The provisions of this proposed rule adding highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses which are shippers or carriers using the newly-designated routes.
Summary of Comments of Legislative Standing Committees
No comments received.
