Summary of Final Regulatory Flexibility Analysis
This rule modifies current DATCP weights and measures rules. Among other things, this rule implements
2009 Wis. Act 28 (biennial budget act). Act 28 changed state weights and measures laws, including laws related to vehicle scales, weights and measures service companies, vehicle tank meters and liquefied petroleum (LP) gas meters. Act 28 created new license requirements, and authorized DATCP to establish certain license fees and surcharges by rule. Act 28 also authorized DATCP to charge reinspection fees to help pay for reinspections made necessary by weights and measures law violations. The rule does the following:
•
Creates new license fee categories and increases the annual fees for weights and measures inspections of licensed retail food establishments (it does not change
food safety inspection fees or license categories).
•
Increases the annual fee for a vehicle scale operator license and establishes a fee for a permit to install or relocate a vehicle scale (neither fee applies to livestock scales other than vehicle scales).
•
Updates and clarifies current requirements for annual testing of vehicle scales and livestock scales and reporting test results to DATCP. The rule establishes a vehicle scale operator license surcharge for an operator who fails to comply with the annual reporting requirements (does not apply to operators of livestock scales other than vehicle scales).
•
Establishes a fee to process a request, by a vehicle scale operator or livestock scale operator, for a variance from an applicable scale construction standards (this rule does not change current construction standards).
•
Increases current annual license fees for weights and measures service companies and the current examination fee for certification of an individual weights and measures technician (5-year certification). The examination fee may be paid by the weights and measures service company that employs the technician.
•
Implements statutory licensing requirements and establishes annual license fees for operators of LP gas meters. This rule establishes a license fee surcharge for an applicant who is found to have operated an LP gas meter without a license during the previous year. In addition, it establishes basic annual testing and test reporting requirements related to LP gas meters.
•
Implements statutory licensing requirements and establishes annual license fees for vehicle tank meter operators. In addition, it establishes basic annual testing and test reporting requirements related to vehicle tank meters. This rule establishes a license fee surcharge for an applicant who is found to have operated a vehicle tank meter without a license during the previous year or who has failed to comply with the basic testing and test reporting requirements during the previous year.
• Establishes reinspection fees to cover DATCP reinspection costs incurred because of law violations found on an initial inspection of a weight or measure (including a scale or other weighing or measuring device).
DATCP has not incorporated a small business enforcement policy in this rule. This rule will affect businesses that operate or service weights and measures in Wisconsin, most of which are small businesses. Many affected business will pay higher fees, or will pay fees for the first time. However, the fee increases are not expected to have a major impact on overall business costs. Fees for each business category are proportionate to weights and measures program costs for that business category, and cover only a portion of program costs. DATCP will seek voluntary compliance.
Summary of Comments by Legislative Review Committees
On April 21, 2010, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Agriculture and Higher Education and to the Assembly Committee on Consumer Protection. The Assembly Committee on Consumer Protection held a hearing on May 18, 2010 and an executive session June 22, 2010 where they voted to send the rule back for modifications to the fee increases. On June 28, 2010 DATCP agreed to consider modifications to the rule. The Senate Committee on Agriculture and Higher Education held a public hearing on July 28, 2010 and took no action. Beginning July 16, 2010 DATCP started meeting with key industry stakeholders to discuss modifications to the fee increases. On September 14, 2010 DATCP delivered a modified rule to both the assigned Senate and Assembly Committees for review. Neither committee held any hearings or took any action on this modified rule.
Agriculture, Trade and Consumer Protection
(DATCP # 09-R-11)
Revises Chapter
ATCP 127, relating to the addition of cell phone numbers to the Wisconsin No Call law. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The “No Call" law authorizes DATCP to create a list of telephone numbers of Wisconsin residents who do not want to receive telemarketing calls. When first enacted, the “No Call" law only authorized DATCP to include residential “land line" numbers on the “No Call" list. Since DATCP adopted the current rules, the legislature changed the statutory definition of persons covered by the No Call law to include individuals who are provided commercial mobile service by a telephone utility. This rule updates and clarifies current rule coverage to include individuals who are provided commercial mobile service to the persons who may add their telephone numbers to the No Call list. This rule does all of the following:
•
Changes the definition of “residential telephone customer" to “covered telephone customer" and defines this term to mean “an individual in this state who receives basic local exchange service or commercial mobile service from a telecommunications utility."
•
Changes the definition of “nonresidential telephone customer" to “noncovered telephone customer" and defines this term to mean “a person, other than a covered customer, who receives telecommunications service from a telecommunications utility."
•
Amends the definition of “telephone call" to include a voice communication “through the use of commercial mobile service."
•
Clarifies that the definition of “telecommunications utility" includes a person who provides commercial mobile service.
•
Renumbers the definitions and amends other parts of the rule to reflect changes in the definitions.
DATCP has not incorporated a small business enforcement policy in this rule as this rule will have few, if any, negative impacts on business. This rule simply updates the definitions and coverage of current rules to reflect law changes already enacted by the Legislature and implemented by DATCP. DATCP will seek voluntary compliance.
Summary of Comments by Legislative Review Committees
On August 31, 2010, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Small Business, Emergency Preparedness, Technical Colleges, and Consumer Protection and to the Assembly Committee on Consumer Protection. Neither the Senate committee nor the Assembly committee held a hearing or took any action on the rule.
Children and Families
Family and Economic Security, Chs.
DCF 101 — 153
Revises Chapter
DCF 101, relating to Wisconsin Works sanction good cause exceptions. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The rule will affect small businesses as defined in s.
227.114 (1), Stats., but will not have a significant economic impact on a substantial number of businesses.
Summary of Comments by Legislative Review Committees
None.
Children and Families
Early Care and Education, Chs.
DCF 201 — 252
Revises Chapter
DCF 201, relating to child care subsidy program integrity. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The rule will affect small businesses as defined in s.
227.114 (1), Stats., but will not have a significant economic impact on a substantial number of businesses.
Summary of Comments by Legislative Review Committees
Legislative committees extended the review periods and the Department submitted germane modifications in response to concerns expressed by Legal Action of Wisconsin and AFSCME Child Care Providers Together. The committees had no further comments.
Commerce
Licenses, Certifications and Registrations, Ch.
Comm 5
Elevators, Escalators and Lift Devices, Ch.
Comm 18
Revises Chapters
Comm 5,
18,
81 and
84, relating to Wisconsin uniform plumbing code. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
Pursuant to s.
227.19 (3m), Stats., the Department of Commerce has determined that the proposed rules to update chapters Comm 81 to 84 will not have a significant impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments received.
Commerce
Uniform Dwelling, Chs.
Comm 20 — 25
Wisconsin Commercial Building Code,
Revises Chapters
Comm 14,
21 to
23 and
61 to
63, relating to fire prevention; recordkeeping for fires; fire suppression for mobile kitchens; structural, ventilating, and vapor-barrier requirements for one- and two-family dwellings; and local enforcement, no-smoking signs, carbon monoxide detectors, and energy conservation, for commercial buildings. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
The proposed rules are minimum requirements to meet the directives of sections 101.14, 101.141, 101.573, and 101.575 the statutes, and any exceptions from compliance for small businesses would be contrary to the statutory objectives that are the basis for the rules.
No new substantive reporting would be imposed on small businesses.
No issues were raised by small businesses during either the public Hearing process or the legislative review process.
Summary of Comments by Legislative Review Committees
No comments received.
Commerce
Revises Chapters
Comm 48, relating to petroleum and other liquid fuel products. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
Chapter
168 of the Statutes requires that petroleum products meet minimum product-
grade specifications as prescribed by rule by the Department; and that the Department's inspections be conducted, so far as applicable, in accordance with the latest standards produced by ASTM International. Those statutory provisions do not exempt small businesses from these grade specifications or inspection requirements.
Updating chapter Comm 48 to make it consistent with current national standards for petroleum products and fuel ethanol, and inclusion of the clarifications and refinements relating to administration and enforcement, are expected to simplify compliance efforts for both small and large businesses.
No new substantive reporting will be imposed on small businesses.
No significant new other measures or investments would be required for compliance with the proposed rules.
Summary of Comments by Legislative Review Committees
No comments received.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100 —
Revises Chapters
Comm 106, relating to the Wisconsin Development Fund. Effective 1-1-11.
Summary of Final Regulatory Flexibility Analysis
Less stringent application requirements are not included for small-business applicants because the application process has been simplified so as to not impose unnecessary administrative burdens or other impediments on any business that applies for a corresponding grant and loan.
No substantive new reporting will be imposed on small businesses.
The rules are not expected to impose significant costs on small businesses for other measures because the rules address submittal of documentation, and other activities, only by applicants that choose to pursue the grants or loans addressed in the rules.
Summary of Comments by Legislative Review Committees
No comments received.
Commerce
Financial Resources for Businesses and Communities, Ch.
Comm 100 —
