Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in this edition of the 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.
Agriculture, Trade and Consumer Protection
(ATCP # 09-R-19)
Revises Chapter
ATCP 16, relating to dog sellers an dog facilities. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
This rule will affect persons who operate “animal control facilities," “animal shelters" or “dog breeding facilities" in this state. It will also affect persons who operate as “dog breeders," “dog dealers" or “out-of-state dog dealers" in this state. Under
2009 Wis. Act 90, those persons must be annually licensed and must pay annual license fees as provided in this rule (see above). This rule does not, by itself, increase license requirements or fees (beyond the licensing requirements and fees already created by Act 90).
This rule spells out licensing standards for persons who are required to be licensed under this rule, including standards for the care, transportation and sale of dogs. Many of the persons who are subject to licensing under this rule are already meeting the standards under this rule, but others will incur costs to bring their facilities and practices into compliance with this rule.
Under Act 90 and this rule, whenever a license holder sells a dog in this state, the dog must be accompanied by a certificate of veterinary inspection (health certificate). The certificate must be issued by a Wisconsin certified veterinarian, on an official form provided by DATCP. The certificate forms cost only $0.60 each (an estimated $44,000 for sellers statewide), but there will be a significant cost for veterinarian services. This could have a significant financial impact on license holders, especially small dog breeders. However, this rule does not add any costs beyond those imposed by Act 90 itself.
The facility requirements in this rule are, for the most part, rudimentary. However, some license holders may need to make significant facility upgrades in order to comply with the standards in this rule and ensure a humane level of care.
This rule requires license holders to keep inventory, identification and health records related to dogs that they keep or sell. Many of the persons affected by this rule already keep such records, but others do not. This rule may impose additional recordkeeping costs on those who do not. Many of the recordkeeping requirements in this rule are also contained (in more general form) in Act 90, so this rule does not add significantly to the costs already imposed by Act 90.
This rule may require some dog sellers to hire additional staff, or hire professional services (especially veterinarian services) to comply with this rule and provide a humane level of care to dogs under their custody or control.
This rule will benefit the dog care and sales industry by establishing basic standards of humane care and fair competition. This rule will also benefit dog buyers by providing greater assurance that dogs are healthy and well-adjusted, and have been humanely treated.
Many of the persons affected by this rule are “small businesses." This rule, like Act 90, exempts animal shelters that keep no more than 25 dogs per year. It also exempts dog breeders and dog dealers who sell no more than 25 dogs a year from no more than 3 litters. But neither Act 90 nor this rule make other significant exemptions for “small business," because many of the most serious animal health and humane problems addressed by Act 90 are found in “small business" settings.
The standards in this rule give affected businesses some flexibility and choices, consistent with the basic requirement of humane care. DATCP may issue licenses on a conditional basis, giving some license holders additional time to bring their operations into full compliance. DATCP may also grant variances for good cause, if the variance does not undermine the purpose of the standard from which the variance is granted.
Summary of Comments by Legislative Review Committees
On January 3, 2011, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Senate Committee on Agriculture, Forestry, and Higher Education and to the Assembly Committee on Consumer Protection Personal Privacy. Neither the Senate committee nor the Assembly committee held a hearing or took any action on the rule.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100-
149
Creates Chapter
Comm 124, relating to the Forward Innovation Fund. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
Less stringent application requirements are not proposed 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 or loan.
Although several public-Hearing comments recommended expanding the draft rules to specifically refer to helping woman-owned businesses, the rules were not changed in response because adding any targeting language beyond what is included would have the potential of limiting the flexibility of the Forward Innovation Fund (FIF); thus potentially limiting the Department's ability to award FIF monies across a broad spectrum as intended under subchapter II of chapter 560 of the Statutes.
The rules are not expected to impose significant costs on small businesses 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 were received.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100-
149
Revises Chapter
Comm 129, relating to tax credits for Angel Investments and Early Stage Seed Investments. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
Less stringent requirements are not proposed for small businesses because the directing legislation, section
560.205 of the Statutes, does not provide such flexibility.
The rule revisions are not expected to impose significant costs or other adverse impacts on small businesses because the rule revisions only address raising the yearly limits on tax credits for angel investments and for early stage seed investments, and transferring or selling tax credits for early stage seed investments.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100-
149
Creates Chapter
Comm 139, relating to rural outsourcing grants. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
Less stringent application requirements are not proposed for small-business applicants because uniform application criteria are expected to result in maximizing the fairness and effectiveness of the allocation of the grants.
The reporting that would be required for businesses which choose to participate in this grant program is essentially the same as the Department currently requires in conjunction with administering other economic development grants – and therefore is not expected to impose any significant new costs on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100-
149
Revises Chapter
Comm 133, relating to film production accreditation program. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
Less stringent application requirements are not included for small-business applicants because the directive under which these rules are adopted, in section
560.206 of the Statutes, does not provide such flexibility.
Applicants will need to newly submit verification of (1) purchasing corresponding tangible personal property and other items, property, and goods from Wisconsin-based sources; and (2) spending at least 35 percent of the total budget for an accredited production, in Wisconsin.
The rules are not expected to impose significant costs on small businesses because the rules address submittal of documentation, and other activities, only by applicants that choose to pursue the tax credits.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Financial Resources for Businesses and Communities, Chs.
Comm 100-
149
Creates Chapter
Comm 135, relating to investment tax credits for food processing plants and food warehouses. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
Less stringent application requirements are not proposed for small-business applicants because uniform application criteria are expected to result in maximizing the fairness and effectiveness of the allocation of the tax credits.
The rules are not expected to impose significant costs on small businesses because the rules address submittal of documentation, and other activities, only by applicants that choose to pursue tax credits for modernization or expansion of food processing plants and food warehouses.
Summary of Comments by Legislative Review Committees
No comments were received.
Financial Institutions — Banking
Creates Chapter
DFI-Bkg 75, relating to payday lending. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Summary of Comments by Legislative Review Committees
No written comments were received.
Health Services
Community Services, Chs.
DHS 30—
Revises Chapter
DHS 88, relating to resource center referrals by licensed adult family homes. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
This rule will not have a fiscal effect on businesses.
Summary of Comments by Legislative Review Committees
No written comments were received.
Health Services
Management and Technology and Strategic Finance, Chs.
DHS 1—
Revises Chapter
DHS 1, relating to records status and retention period for records of clients who have unpaid liability to the Department or counties. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
The rules do not effect businesses.
Summary of Comments by Legislative Review Committees
No written comments were received.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # PR-36-10)
Revises Chapters
NR 1 and
45, relating to management of lands for the Ice Age and North Country Trails. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
These rules are applicable only to certain designated lands owned by the department and impose no compliance or reporting requirements and will not have a significant economic impact on small businesses. Therefore, under s.
227.19 (3m), Stats., a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No written comments were reported.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # ER-35-10)
Revises Chapter
NR 27, relating to adding cave bats to Wisconsin's threatened species list. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
Affected constituencies include commercial caves and mines, private cave and mine owners, recreational cavers, wildlife rehabilitators, animal control operators, agricultural and forestry industries, the conservation community, wind utilities, WI Department of Transportation (WDOT) and homeowners. Many of the concerns of these groups will be addressed through a broad incidental take permit/authorization and voluntary agreements so that the listing does not have a significant economic impact on a substantial number of small businesses.
A broad incidental take permit/authorization has been issued, as provided for under s.
29.604, Wis. Stats. The broad incidental take permit/authorization will allow for the incidental taking of state listed cave bats that may occur as a result of specific public health concerns, bat removals, building demolitions, forestry activities, bridge demolitions, miscellaneous building repairs and wind energy development projects (see the “Broad Incidental Take Permit/Authorization for Cave Bats Conservation Plan" for more information). Some take of bats may still occur as a result of these activities, however take will be minimized by following specific minimization measures. The department has concluded that the projects covered under this permit/authorization are not likely to jeopardize the continued existence and recovery of the state population of these bats or the whole plant-animal community of which they are a part; and has benefit to the public health, safety or welfare that justifies the action. This incidental take permit/authorization is only needed when a bat is present or suspected to be present (e.g. Natural Heritage inventory report of bats in the area, evidence of bat presence).
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # IS-47-10)
Revises Chapter
NR 40, relating to white-nose syndrome management. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
The rule is not expected to have a significant adverse effect on a substantial number of small businesses. Therefore, under s.
227.19 (3m), Stats., a final regulatory flexibility analysis is not required. The rule may have favorable effects on a number of businesses by preventing the introduction or limiting the spread of WNS, thereby preserving the agricultural, economic and environmental benefits associated with healthy bat populations.
There are approximately 120 known bat hibernacula in Wisconsin, and approximately 12 of these are public caves. In addition, less than 20 of the caves and mines in Wisconsin are routinely caved.
Affected constituencies include commercial caves and mines, active underground mines, private cave and mine owners, recreational cavers, agriculture and forest industries, and conservation organizations. Concerns will likely include how the proposed rules will affect current activities. Many of these potential concerns may be addressed through cost-sharing, technical support, and education provided by the department. Examples include: cost-sharing for installation of bat-friendly gates or other physical barriers, cost-sharing for conservation actions, providing cave closure signage and cleaning protocols, and providing locations of caves that may be used for recreational caving activities (where bats are known to have been excluded). Agriculture industries, forest industries and conservation organizations would be negatively affected by not attempting to control or slow the spread of WNS.
The cost of cleaning equipment, gear, clothing and other objects will be minimal. The cost of caving gear typically ranges from $125-$750. Very few sites in Wisconsin require vertical climbing gear. The cost of commercially cleaning gear according to department protocols typically ranges from $10 to $12 per set of gear. The cost of signage at caves and mines would be $0 because the department will provide the signs.
Under Current ch.
NR 40, the department may ask any person who owns, controls, or manages property where a prohibited species is present to control the prohibited species in accordance with a plan approved by the department. While a person who owns, controls, or manages property where a prohibited species is present is responsible for controlling the prohibited species that exists on the property, the department will seek funds to assist in the control of prohibited species.
The department will normally follow an informal, stepped enforcement process in order to obtain compliance with invasive species rules. This involves informal discussions between department staff and the individual, landowner or company, notifying the person of potential violations and providing guidance on how to comply with the rules. Notices of non-compliance may follow if necessary. If normal enforcement is necessary, ch.
NR 40 will be enforced by department conservation wardens, county district attorneys, and circuit courts through the use of citations and civil or criminal complaints. Civil and criminal enforcement may also be carried out by department referral of violations to the Wisconsin Attorney General, with prosecution and abatement actions in the circuit courts. Criminal enforcement will be limited to intentional violations. Finally, violations of the permits issued under ch.
NR 40 also may be enforced by administrative permit revocation proceedings.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR # IS-41-10)
Revises Chapter
NR 40, relating to the listing of the fungus that causes white-nose syndrome in bats as an invasive species. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
Affected constituencies include commercial caves and mines, private cave and mine owners, recreational cavers, property owners, the agricultural industry, and the conservation community. Concerns will likely include how listing the fungus will affect current activities. Many of these potential concerns may be addressed through cost-sharing, technical support, and education provided by the department. Examples include: reviewing proposed research proposals and issuance of invasive species permits, cost-sharing for installation of bat gates and other conservation actions, providing cave closure signage and decontamination protocols, and providing locations of caves that may be used for recreational caving activities (where bats are known to have been excluded).
Under ch.
NR 40, the department may ask any person who owns, controls, or manages property where a prohibited species is present to control the prohibited species in accordance with a plan approved by the department. While a person who owns, controls or manages property where a prohibited species is present is responsible for controlling the prohibited species that exists on the property, the department will seek funds to assist in the control of prohibited species. Therefore, conducting control measures will not necessary result in a cost to commercial cave operators. Additionally, commercial caves will have the option to exclude bats from their cave(s) with the help of the department, allowing them to remain open for tourism, and resulting in no loss of tourism dollars.
Under s.
227.19 (3m), Wis. Stats., a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
No comments were reported.
Public Instruction
Revises section
PI 6.06, relating to public library system audit requirements. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Public Instruction
Revises section
PI 6.03, relating to public librarian certification. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Transportation
Revises Chapter
Trans 178, relating to the Unified Carrier Registration System. Effective 6-1-11.
Summary of Final Regulatory Flexibility Analysis
The fees charged under federal law, federal regulation, and Unified Carrier Registration Agreement will affect some small businesses by increasing the amount of annual registration fee. The new fee schedule increases all fees by just less than 96%. These fees are established under federal law at
49 CFR 367.20 but may be revised annually by publication in the federal register. If Wisconsin does not charge these fees, small businesses that operate affected trucks and trailers outside this state will nevertheless be required to pay these same fees to other states.
Summary of Comments by Legislative Review Committees
No comments were reported.
