Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the September 30, 2007, 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
(
CR 06-130)
An order affecting ch.
ATCP 112, relating to credit report security freezes. Effective 10-1-07.
Summary of Final Regulatory Flexibility Analysis
This rule interprets part of a state statute related to consumer credit report “security freezes" (s.
100.54, Stats., created by
2005 Wis. Act 140), and requires a consumer reporting agency to implement written compliance procedures. This rule will help protect Wisconsin consumers from becoming victims of identity theft. This rule will help consumer reporting agencies understand what information they can request of consumers who ask to create or release a “security freeze" on their consumer credit reports.
This rule will have a generally positive impact on business. This rule only affects consumer reporting agencies. There are only 3 major consumer reporting agencies in the United States, and none of them is a small business.
Negative effects, if any, will be few and limited. This rule will not have a significant adverse effect on “small business," and is not subject to the delayed “small business" effective date provided in s.
227.22 (2) (e), Stats.
Summary of Comments by Legislative Review Committees
The rule was assigned to the Senate Committee on Small Business, Emergency Preparedness, Workforce Development, Technical Colleges and Consumer Protection and to the Assembly Committee on Financial Institutions. The Assembly Committee on Financial Institutions held a hearing on June 14, 2007 and sent the rule back to DATCP requesting the department to modify the rule to better clarify what constitutes proof of identity to release a credit report or remove a security freeze.
The Department considered this request and modified the rule by adding a “Note" that clarifies what constitutes proof of identity to release a credit report or remove a security freeze.
The requested modifications were returned to the Committees on July 17, 2007. After receiving the rule with the requested modifications, neither the Assembly nor the Senate Committee took further action.
An order affecting ch.
Comm 5, relating to credentials for storage of flammable, combustible, and hazardous liquids, and for cleanup of properties contaminated by petroleum-product discharges. Effective 10-1-07.
Summary of Final Regulatory Flexibility Analysis
The Wisconsin Statutes authorize the Department to issue numerous credentials as part of the Department's responsibility for protecting the safety and health of frequenters and occupants in public buildings and places of employment, and for protecting the waters of the State from improper storage, handling and use of flammable or combustible liquids, or federally regulated hazardous substances. These revisions in the Department's credential rules are minimum requirements to meet the directives of the Statutes, and any less stringent requirements for small businesses would be contrary to the Statutory objectives that are the basis of the rules.
The only submitter of comments suggested increasing the included credential terms from 2 years to 4 years, and changing the renewal of those terms to coincide with a State fiscal year. Changing the current practice of issuing renewals throughout each year to instead issuing renewals at the beginning or end of a State fiscal year would undesirably compress the Department's corresponding workload into a much shorter time period. Changing the credential term from 2 years to 4 years would undesirably increase the time periods during which credential holders could allow their renewal qualifications to lapse, such as the qualifications relating to liability-insurance coverage and continuing education.
Other than a $50 biennial fee for certifications to perform cathodic protection activities, the rules should not impose any significant costs on small businesses. The new certification requirements for cathodic protection activities are not significantly more restrictive than current, corresponding federal requirements. Although the proposed deletion of continuing-education requirements for three certification categories will reduce costs for individuals in those categories, that reduction may be offset by codifying a common practice of tank specialty firms to have contractor liability insurance coverage. Outreach to adjacent States and to firms currently performing these activities indicate that this insurance is similarly required in the adjacent States, readily available, commonly held, beneficial, and reasonably priced.
Summary of Comments by Legislative Review Committees
No comments were received.
An order repealing ch.
HFS 119, relating to the health insurance risk-sharing program. Effective 10-1-07.
Summary of Final Regulatory Flexibility Analysis
Not applicable. This is an order to repeal ch.
HFS 119 because the Department's authority to operate the Health Insurance Risk-Sharing Plan (HIRSP) was transferred, under
2005 Act 74, to the Health Insurance Risk-Sharing Plan Authority effective July 1, 2006.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
Ins 50, relating to annual audited financial reports, annual financial statements and examinations. Effective 10-1-07.
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.
An order affecting chs.
NR 10,
16,
19, and
45, relating to hunting and trapping regulations. Effective 10-1-07.
Summary of Final Regulatory Flexibility Analysis
The proposed rule relating to hunting, trapping, closed areas, fur farms, feeding wild animals and the use of public lands is applicable to individual sportspersons and imposes 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 Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. On July 18, 2007, the Assembly Committee on Natural Resources held a public hearing. As a result of that hearing, the Assembly Committee on Natural Resources adopted a motion requesting modifications to the portion of the rule relating to the pilot program for hunting turkeys with dogs. The Committee wanted to add another year to the experimental season so that it would run through 2009 before sunsetting.
The Department declined to make the change to Clearinghouse Rule No. 07-015, but did propose accommodating that request in the upcoming 2008 Wildlife Management housekeeping rule package. The Department's reasoning was that by not making the change in Clearinghouse Rule No. 07-015, the rule could be effective on October 1, 2007 thereby allowing turkey hunting with the aid of dogs in the pilot area during the majority of the 2007 season which was proposed to start on September 15. This would effectively give hunters the majority of the 2007 season, as well as seasons in 2008 and 2009. The Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources accepted the Department's proposal for extending the pilot program.
