Summary of Final Regulatory Flexibility Analysis
This rule does not impose any cost measurers or investments by small business. No issues were raised by small business at hearings, nor were any comments received during the open comment period.
Summary of Comments by Legislative Review Committees
No comments were received.
Emergency Management
(CR 02-106)
An order affecting chs. WEM 4 and 6, relating to the hazardous materials transportation program and response and reimbursement procedures for regional and local emergency response teams. Effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
The statutory authority for WEM 4 has been repealed. The previous version of WEM 4 was determined to be unconstitutional by the Wisconsin Court of Appeals and the current version has not been enforced since that time. The repeal of WEM 4 will have no effect on small business.
The amendments to WEM 6 allow for the State of Wisconsin and local and regional emergency response teams to collect emergency response costs from the responsible party in the event of a potential release of a hazardous material. A responsible party is currently responsible for costs associated with the emergency response to a release of a hazardous material. This rule clarifies that necessary response costs include the potential release of a hazardous material. It is estimated that costs to respond to a potential release would typically be $500 or less. To date there have not been more than 3 such incidents annually. This rule change will not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Health and Family Services
(CR 03-048)
An order affecting ch. HFS 119, relating to operation of the health insurance risk-sharing plan (HIRSP). Effective 11-1-03.
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 determines.
Summary of Comments by Legislative Review Committees
No comments were received.
Insurance
(CR 03-038)
An order affecting ch. Ins 17, relating to requiring insurers and self-insurers provide notice to the fund of the filing of out-of-state medical malpractice actions against Wisconsin health care providers. Effective 11-1-03.
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 by Legislative Review Committees
The legislative standing committees had no comments on this rule.
Insurance
(CR 03-039)
An order affecting ch. Ins 17, relating to annual patients compensation fund fees beginning July 1, 2003 and establishing a rate of compensation for fund peer review council members and consultants. Effective 11-1-03.
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 by Legislative Review Committees
The legislative standing committees had no comments on this rule.
Natural Resources
(CR 02-048)
An order creating ch. NR 336, relating to the small and abandoned dam removal grant program. Effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
Small business impacts are considered minor and indirect. The rule does not require small businesses to be an applicant, though some small business dam owners may decide to apply for a grant. Applicants of all types (municipalities, counties, individuals, public inland lake protection and rehabilitation districts or small businesses) must equally comply with standard grant accounting and reporting requirements.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On August 6, 2003, the Assembly Committee on Natural Resources held a public hearing on the proposed rule. No modifications were requested as a result of the hearing.
Natural Resources
(CR 02-146)
An order affecting chs. NR 400, 409, 410, 415, 419, 420, 422, 423, 431, 439, 447, 448, 449 and 484, relating to clarification of compliance language for air management regulations. Effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
The proposed rule revisions may affect any party regulated by air management regulations, including small businesses. Because of the clarifying nature of the changes, there should be no adverse effects on any parties.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On July 9, 2003, the Assembly Committee on Natural Resources held a public hearing. No request for modifications was received as a result of the hearing.
Natural Resources
(CR 02-147)
An order affecting ch. NR 809, relating to Safe Drinking Water requirements for public water systems. Effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
Stringency of the proposed rule revisions cannot be reduced without violating federal law. The U.S. EPA will not grant the Department primacy for the Interim Enhanced Surface Water Treatment Rule and Disinfectants/Disinfection By-products Rule if the proposed revisions are not implemented.
Summary of Comments by Legislative Review Committees
The proposed rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On July 9, 2003, the Assembly Committee on Natural Resources held a public hearing. No request for modifications was received as a result of this hearing.
Natural Resources
(CR 03-014)
An order affecting ch. NR 19, relating to fishing on the inland and outlying waters of Wisconsin. Part effective 12-1-03. Part effective 3/1/04. Part effective 4/1/04.
Summary of Final Regulatory Flexibility Analysis
These rules will not directly affect small business pursuant to s. 227.114 (8) (b), Stats., 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 Environment and Natural Resources. On July 9, 2003, the Assembly Committee on Natural Resources held a public hearing. No requests for modifications were received as a result of these hearings.
Natural Resources
(CR 03-018)
An order affecting chs. NR 10, 12 and 19, relating to agricultural damage, hunting and trapping regulation changes. Part effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, nor are any design or operational standards contained in the rule. Therefore, under s. 227.19 (3m), Stats., a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On August 6, 2003, the Assembly Committee on Natural Resources held a public hearing on the proposed rule. No modifications were requested as a result of the hearing.
Natural Resources
(CR 03-030)
An order affecting chs. NR 16 and 19, relating to captive wildlife and frogs. Effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
The proposed revisions to chs. NR 16 and 19 pertain to rules relating to the possession, use, propagation, killing, hunting, stocking, exhibiting, sale and purchasing of captive wild animals. These rules do impose compliance and reporting requirements on small business. Businesses selling native reptiles and amphibians and bird hunting preserves are not significantly affected by the proposed rules.
The rules do contain a number of provisions of record keeping and reporting requirements for business. The department considered possible implications of these requirements and kept the record keeping and reporting to what is actually necessary to ensure effectiveness of the rule and meet the statutory objectives.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On August 6, 2003, the Assembly Committee on Natural Resources held a public hearing on the proposed rule. No modifications were requested as a result of the hearing.
Natural Resources
(CR 03-031)
An order affecting ch. NR 17, relating to dog training, dog trials and dog clubs. Effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
The proposed revisions pertain to rules relating to the possession and dog training and trials with captive wild animals. These rules do impose compliance and reporting requirements on small business. The vast majority of dog training licenses are issued to individuals who train their own dogs; however, a number of people who train dogs professionally also acquire the license so they can possess captive wild birds and animals for dog training purposes.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On August 6, 2003, the Assembly Committee on Natural Resources held a public hearing on the proposed rule. No modifications were requested as a result of the hearing.
Natural Resources
(CR 03-034)
An order affecting ch. NR 46, relating to the administration of the Forest Crop Land and the Managed Forest Law. Effective 11-1-03.
Summary of 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 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 by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Forestry and the Senate Committee on Environment and Natural Resources. There were no comments.
Public Instruction
(CR 03-006)
An order affecting ch. PI 7, relating to pupil transportation. Effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
This rule does not impact small businesses as defined in s. 227.114, Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
Veterans Affairs
(CR 03-045)
An order affecting ch. VA 13, relating to the imposition of rental charges at regional transitional housing sites under the veterans assistance program. Effective 11-1-03.
Summary of Final Regulatory Flexibility Analysis
This rules is not expected to have any adverse impact upon small businesses.
Summary of Comments by Legislative Review Committees
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