Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the March 31, 2008, 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.
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Agriculture, Trade and Consumer Protection
A rule-making order revising ch.
ATCP 21, relating to voluntary certification of firewood dealers. Effective 4-1-08.
Summary of Final Regulatory Flexibility Analysis
This rule will allow certified firewood dealers to supply firewood to Wisconsin state parks. Certified firewood dealers must follow procedures to ensure that firewood is free of Emerald Ash Borer and other serious pests. The Department of Agriculture, Trade and Consumer Protection (“DATCP") is adopting this rule as part of a cooperative effort with the Department of Natural Resources (“DNR").
This rule creates a voluntary firewood dealer certification program for the benefit of Wisconsin firewood dealers. A firewood dealer is not required to be certified in order to sell firewood in this state. However, certification will make it possible for certified firewood dealers to supply firewood to Wisconsin state parks (current DNR rules might otherwise preclude them from doing so).
This rule will not have any adverse impact on firewood dealers. This rule does not require firewood dealers to be certified, nor does it restrict the sale or distribution of firewood by uncertified dealers. This rule creates a voluntary certification program, which may benefit some firewood dealers in this state. Those firewood dealers who are certified must pay a $50 annual certification fee.
DNR state park rules prohibit a firewood dealer from supplying firewood to a state park located more than 50 miles away from the source of the firewood unless the firewood dealer is certified by DATCP. This rule will allow certified firewood dealers to supply firewood to state parks throughout the state, regardless of the firewood dealer's distance from the park.
This rule will primarily benefit large firewood dealers who can afford to implement the firewood treatment regimen required for certification. Certification under this rule is available only to firewood dealers who treat the firewood with a method that eliminates pests.
This rule does not authorize or prohibit imports of firewood from outside this state. Current DATCP rules under ATCP 21.17 prohibit imports of firewood from areas which the U.S. department of agriculture has formally designated as being infested with certain wood pests, such as Emerald Ash Borer.
Many firewood dealers are “small businesses." This rule does not make special provisions for “small businesses," because pest infestations are unrelated to business size. Firewood dealers of any size may be certified under this rule, provided that they are capable of implementing acceptable firewood treatment options.
As a practical matter, certification will be attractive mainly for larger firewood dealers who can afford to implement acceptable treatment options (some of those larger firewood dealers may still meet the statutory definition of “small businesses"). This rule includes a range of treatment options, some of which may be more economical for small businesses.
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
On December 14, 2007, 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 Forestry. The Senate Committee took no action on the proposed rule. The Assembly Committee on Forestry held a hearing on the rule on February 12, 2008 and voted the rule out of committee with no changes.
Commerce
A rule-making order creating ch.
Comm 200, relating to small business enforcement discretion. Effective 4-1-08.
Summary of Final Regulatory Flexibility Analysis
The rules do not impose any mandates on small businesses, other than to inform the Department that they are a small business, in the event they desire the enforcement discretion which is disclosed in the rules.
Summary of Comments by Legislative Review Committees
No comments were received.
Employee Trust Funds
A rule-making order amending ss.
ETF 11.06 (1) and
11.12 (2) (b), relating to hearsay evidence in administrative appeal hearings. Effective 4-1-08.
Summary of Final Regulatory Flexibility Analysis
The rule has no effect on small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
Employee Trust Funds
A rule-making order creating s.
ETF 20.37, relating to the status of a non-annuitant Wisconsin Retirement System participant at death, for purposes of determining the applicable death benefit. Effective 4-1-08.
Summary of Final Regulatory Flexibility Analysis
The rule has no significant effect on small businesses because only governmental employers and their employees may participate in the benefit programs under ch.
40 of the statutes administered by the Department of Employee Trust Funds.
Summary of Comments by Legislative Review Committees
No comments were reported.
Funeral Directors Examining Board
A rule-making order revising s.
FD 4.04, relating to continuing education requirements. Effective 4-1-08.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
Government Accountability Board
A rule-making order creating s. ElBd 3.04, relating to election-day voter registration. Effective 4-1-08.
Summary of Final Regulatory Flexibility Analysis
The rule has no effect on small business.
Summary of Comments by Legislative Review Committees
No comments were reported.
Insurance
A rule-making order revising ss.
Ins 6.50,
6.59,
26.04, and
28.04, relating to creating a limited line of authority for travel insurance, exempting an applicant for a managing general agent's license from examination, and clarifying the procedure for applying for a resident intermediary agent license. Effective 4-1-08.
Summary of Final Regulatory Flexibility Analysis
This rule would have a positive effect on small businesses that offer travel insurance in Wisconsin and other states.
Summary of Comments by Legislative Review Committees
No comments were reported.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
A rule-making order revising s.
MPSW 17.03, relating to training licenses for marriage and family therapists. Effective 4-1-08.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
A rule-making order revising ss.
MPSW 10.01 and
11.015, relating to training licenses for professional counselors. Effective 4-1-08.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
A rule-making order revising ch.
NR 8, relating to implementation of the wildlife violator compact. Effective 4-1-08 or on the date on which the department of natural resources becomes a “participating member" under s.
29.03 (8), Stats., whichever is later.
Summary of Final Regulatory Flexibility Analysis
These rules are applicable to individuals who hunt, fish and trap and do not impose compliance or reporting requirements for small businesses. Therefore, 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 Environment and Natural Resources and the Assembly Committee on Natural Resources. On December 19, 2007, the Assembly Committee on Natural Resources held a public hearing. The Committee did not request any modifications as a result of this hearing.
Public Instruction
A rule-making order amending s.
PI 8.01 (2) (t) 2., relating to the identification of gifted and talented pupils. Effective 4-1-08.
Summary of Final Regulatory Flexibility Analysis
The rules will have no significant economic impact on small businesses.
