Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the October 31, 2005, 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.
Commerce
(CR 05-025)
An order affecting chs. Comm 2, 5 and 41, relating to boilers and pressure vessels. Effective 11-1-05.
Summary of Final Regulatory Flexibility Analysis
Section 101.17, Stats., authorizes the Department to promulgate rules prescribing minimum installation and operation standards for boilers and pressure vessels in public buildings and at places of employment. The proposed rules of Clearinghouse Rule No. 05-025 are minimum requirements to meet the directive of the Statutes, and any exceptions from compliance for small businesses would be contrary to the Statutory objectives which are the basis for the rules.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
(CR 05-038)
An order affecting ch. Comm 2, relating to fee schedule. Effective 11-1-05.
Summary of Final Regulatory Flexibility Analysis
Section 101.19, Stats., authorizes the Department to charge fees to cover the costs of the Department's services for protecting the safety and health of frequenters and occupants in public buildings, places of employment and one- and 2-family dwellings. The proposed rules of Clearinghouse Rule No. 05-038 are minimum requirements to meet the directives of the Statutes, and any exceptions from compliance for small businesses would be contrary to the Statutory objectives which are the basis for the rules.
Summary of Comments by Legislative Review Committees
No comments were received.
Health and Family Services
(CR 05-047)
An order affecting ch. HFS 119, relating to health insurance risk sharing plan (HIRSP). Effective 11-1-05.
Summary of Final Regulatory Flexibility Analysis
HIRSP statutes require an assessment of insurers and an adjustment to provider payment rates in order to help finance HIRSP. The rule changes do not affect health insurers as none are small businesses as “small business" is defined in s. 227.114 (1) (a), Stats. The rules changes may affect some health care providers that are small businesses. The net fiscal impact of HIRSP on these small health care providers is unknown.
Summary of Comments by Legislative Review Committees
No comments were received.
Health and Family Services
(CR 05-048)
An order affecting ch. HFS 113, relating to First Responders. Effective 11-1-05.
Summary of Final Regulatory Flexibility Analysis
The proposed rules 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.
Insurance
(CR 05-028)
An order affecting ch. Ins 17, relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 2005. Effective 11-1-05.
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
No comments were received.
Natural Resources
(CR 04-137)
An order affecting ch. NR 47, relating to the gypsy moth suppression program. Effective 11-1-05.
Summary of Final Regulatory Flexibility Analysis
The program is voluntary and has no regulatory impact on business.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Forestry and the Senate Committee on Natural Resources and Transportation. No public hearings were held and no comments were received by the department.
Natural Resources
(CR 05-004)
An order affecting ch. NR 12, relating to the payment program for damage caused by endangered and threatened species of wildlife and gray wolves to hunting dogs and pets. Effective 11-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rules are applicable to individuals involved in agriculture 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 rules were reviewed by the Senate Committee on Natural Resources and Transportation and the Assembly Committee on Natural Resources. On June 17, 2005, the Senate Committee on Natural Resources and Transportation requested modifications to the proposed rule. On June 20, 2005, the Assembly Committee on Natural requested modifications. The Natural Resources Board modified the rule to delete the provision that stated claims for dogs killed or injured by wolves within five miles of a previous dog kill that had been publicly noticed by the department would not be paid.
Natural Resources
(CR 05-005)
An order affecting ch. NR 12, relating to the payment program for damage caused by endangered and threatened species of wildlife and gray wolves to livestock. Effective 11-1-05.
Summary of Final Regulatory Flexibility Analysis
The proposed subchapter to ch. NR 12, pertaining to rules relating to the payment for damage caused by endangered and threatened species of wildlife and by gray wolves. These rules are applicable to individuals involved in agriculture and impose no compliance or reporting requirements for small businesses nor are any design or operational standards contained in the rule. Therefore, a final regulatory flexibility analysis was 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 Natural Resources and Transportation. On June 16, 2005, the Senate Committee held a public hearing and requested modifications to the proposed rule. On June 29, 2005, the Assembly Committee held a public hearing and requested modifications. On August 11, 2005, the Natural Resources Board adopted modifications to amend the criterion in s. NR 12.54 (2) (c) 5. that a cattle producer must meet in order to be eligible for payments for missing calves. The modifications were submitted to the Committees and no further action was taken.
Natural Resources
(CR 05-015)
An order affecting ch. NR 20, relating to fishing on the inland, outlying, and boundary waters of Wisconsin. Effective 11-1-05 and 4-1-06.
Summary of Final Regulatory Flexibility Analysis
The proposed rule will not directly affect small business as the rules will not directly apply to them, with the possible exception of some holders of setline or set or bank pole licensees who choose to sell the catfish, rough fish and turtles they catch. Such sales are discretionary and no reporting is required, so it is not known whether the proposed rule relating to the clarification of timing of placement of setlines and set or bank poles will affect any licensees who are small businesses. Any effect is likely to be insignificant.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Natural Resources and Transportation and the Assembly Committee on Natural Resources. On June 20, 2005, the Assembly Committee on Natural Resources held a public hearing on the proposed rule. No modifications were requested as a result of the public hearing.
Natural Resources
(CR 05-017)
An order affecting chs. NR 10, 12, 15 and 45, relating to hunting and trapping regulation changes. Effective 11-1-05 and 2-1-06.
Summary of Final Regulatory Flexibility Analysis
The revisions pertain to rules relating to hunting regulations and wildlife refuges. 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. In addition, these proposed rules do not have a significant economic impact on a substantial number of small businesses. Therefore, under s. 227.19 (3m), Stats., a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Natural Resources and Transportation and the Assembly Committee on Natural Resources. On June 20, 2005, the Assembly Committee on Natural Resources held a public hearing on the proposed rule. No modifications were requested as a result of the public hearing. A concern was raised by committee members regarding the amendment requiring owners to identify tree stands used on state-owned lands and lands under the management of the department. In response to these concerns, the department will be initiating an amendment that only unoccupied stands will need to be identified.
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