Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order repealing ch. HSS 177 and creating ch. Adm 65, relating to mobile home parks.
Effective 02-01-96.
An order amending s. DE 12.01 (3), relating to the ability of a dentist to delegate remediable portions of an oral prophylaxis to an unlicensed person.
Effective 02-01-96.
SS. WGC 9.11, 9.12, 9.14, 9.17 & 14.11 and ch. WGC 24, relating to: twin trifecta, superfecta and tri-superfecta pools, deduction approvals, animal drug testing, and intertrack and simulcast wagering.
Effective 02-01-96.
An order affecting ch. NR 149 and ss. NR 219.04, 219.05, 219.06 & 700.13, relating to: laboratory certification and registration, sample preservation procedures, analytical methodology, and laboratory procedures.
Effective 03-01-96.
An order affecting ss. PD 3.02, 3.03, 3.038, 3.055 and 3.06, relating to indigency evaluation and verification.
Effective 02-01-96.
An order creating ch. PSC 132, relating to compensation and conditions for the placement of utility facilities within railroad right-of-way.
Effective 02-01-96.
An order creating ch. Trans 278, relating to proposed legislation establishing vehicle weight limit exceptions.
Effective 02-01-96.
An order amending ss. Trans 276.07 (5m) and 276.09 (3), relating to allowing the operation of “double bottoms” (and certain other vehicles) on certain specified highways.
Effective 02-01-96.
Final Regulatory Flexibility Analyses
1.
Agriculture, Trade & Consumer Protection
(CR 95-057)
Ch. ATCP 92 - Weighing and measuring devices.
Summary of Final Regulatory Flexibility Analysis:
Certification of Weighing and Measuring Devices
Under this rule, all new commercial weighing and measuring devices sold and installed in Wisconsin after December 31, 1996 must be certified by the National Institute of Standards and Technology (NIST) for compliance with NIST Handbook 44. NIST certification is not required for every individual device, but merely for prototype or model devices. Certification covers individual devices which of the type or model certified, provided that the individual devices are not significantly altered.
This certification requirement will not have a significant impact on small businesses, but will help assure that commercial weighing and measuring devices are accurate. The national certification process will relieve manufacturers of weighing and measuring devices from having to obtain separate certification in each state. Certification will not significantly affect the cost of weighing and measuring devices.
Vehicle Scales; Rule Amendments
Current rules spell out construction standards for vehicle scales in order to ensure the adequacy and structural integrity of those scales. This rule amends some of the current construction standards. Among other things, this rule permits the use of durable materials other than concrete in the construction of approaches to vehicle scales. (The current rules require concrete approaches.)
This rule exempts temporary and portable scales from some of the construction and installation standards that currently apply to permanent vehicle scales. However, temporary or portable scales must still be licensed and inspected annually under ss. 98.16 and 98.25, Stats. They must also comply with applicable standards specified in this rule and NIST Handbook 44.
This rule will have no adverse impact on small business, but will make it easier for small business to comply with rules on vehicle scales. This rule imposes no new costs on small businesses, and may reduce costs in some cases. This rule creates no new reporting or record keeping requirements for small business.
Summary of Comments from Legislative Committees:
The rule was referred to the Senate Committee on Transportation, Agriculture, Local and Rural Affairs on August 10, 1995 and to the Assembly Committee on Consumer Affairs on August 9, 1995. The department received no comments or request for hearing from either committee.
2.
Employment Relations-Merit Recruitment & Selection
(CR 95-101)
Ch. ER-MRS 22 - Layoff procedures for employes in permanent classified civil service not covered by a collective bargaining agreement.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule does not affect small business; therefore, an initial regulatory flexibility analysis is not required.
Summary of Comments:
No comments were reported.
Ch. HSS 51 - Department procedures for placing children with special needs for adoption.
Summary of Final Regulatory Flexibility Analysis:
These rules apply to the Department and to all persons inquiring about or applying to the Department for adoption of a special needs child. The rules will not directly affect small businesses as defined in s. 227.114 (1) (a), Stats.
Summary of Comments:
No comments were reported.
4.
Industry, Labor & Human Relations
(CR 94-116)
Chs. ILHR 50-64 & 72 - Energy Conservation & HVAC.
Summary of Final Regulatory Flexibility Analysis:
Chapter ILHR 63 sets minimum standards for energy efficiency in building design. Federal law, 1992 EPACT, specifies the minimum level of energy efficiency that our state code must require. Chapter ILHR 64 specifies minimum ventilation standards for occupant health. These standards cannot be reduced.
The proposal does not modify existing requirements for plans that are submitted to the department for review except that lighting plans will now be required to be submitted. The department has developed worksheet style forms to aid designers in developing calculations to show code compliance with lighting requirements and other code areas.
Summary of Comments of Legislative Standing Committees:
The rules were reviewed by the Assembly Committee on Labor & Employment and the Senate Committee on Human Resources, Labor, Tourism, Veterans and Military Affairs. No comments were received.
5.
Industry, Labor & Human Relations
(CR 94-170)
Ch. ILHR 129 - Benefits claiming procedures.
Summary of Final Regulatory Flexibility Analysis:
The rule relates to notice and reporting requirements for employes only. The rule allows claimants to file initial claims by telephone. There is no disproportionate effect on small employers.
No additional bookkeeping, reporting, or special skills are necessary for compliance with these rules.
Summary of Comments of Legislative Standing Committees:
No comments were received.
SS. Ins 17.01 & 17.28 - Patients Compensation Fund Fees, Mediation Fees, and Service Corporation.
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.
S. Ins 3.39 - Requirements for medicare supplement insurance sold in Wisconsin.
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 flexiblity analysis is not required.
Summary of Comments of Legislative Standing Committees:
The legislative standing committees had no comments on this rule.
Chs. Ins 41, 50 & 52 - Changes in the rules governing financial regulation of insurers and reinsurers and risk retention and purchasing groups.
Summary of Final Regulatory Flexibility Analysis:
The rule includes certain exceptions for smaller insurers which allows them under specified conditions to file a more limited actuarial opinion. No other exception for small insurers would be consistent with the statutory objective of financial solidity. Certain reporting requirements are included in the rule but will not require expertise or expenditure beyond the requirements in effect prior to the adoption of this rule.
Summary of Comments of Legislative Standing Committees:
The legislative standing committees had no comments on this rule.
