The following administrative rule orders have been adopted and published in the June 30, 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.
For subscription information, contact Document Sales at (608) 266-3358.
Administration
A rule-making order creating Chapter
Adm 49, relating to plat review fees. Effective 7-1-08.
Summary of Final Regulatory Flexibility Analysis
Land development corporations and engineering and surveying companies who divide land in Wisconsin will be affected by this rule. The benefit they receive is an assurance that the lots they are creating can be sold for residential development. A typical plat contains 25 lots with an average sale price of $70,000 per lot. The fee charged under the rule will be $48 per lot, which is an increase from the current fee, adopted in 1997, of $28 per lot.
The rule prescribes a standard fee, making the cost of review consistent and predictable.
Summary of Comments by Legislative Review Committees
No comments were reported.
Agriculture, Trade and Consumer Protection
A rule-making order revising Chapters ATCP 10 and 12, relating to animal health fees. Effective 7-1-08 and 7-1-09.
Summary of Final Regulatory Flexibility Analysis
This rule affects animal markets, animal dealers, animal truckers, livestock farmers, deer farmers, fish farmers and veterinarians. Many of these businesses are “small businesses" as defined in s.
227.114(1)(a), Stats.
This rule increases some current animal health fees, and creates some new fees. Some fee increases may affect several sectors of the livestock industry, while others are limited to specific livestock sectors.
The proposed fee increases will increase industry costs by a combined statewide total of approximately $375,150 per year for all affected industries, once the rule is fully implemented. Fee increases for individual businesses are generally modest, and depend on business size and type. Smaller businesses generally pay lower fees than large businesses. Fees are based, in part, on animal health costs related to each affected industry.
This rule does not change other animal health regulations. This rule requires no additional recordkeeping, and no added professional services to comply. For small businesses, the effective date of this rule is automatically delayed by 2 months, pursuant to s.
227.22 (2) (e), Stats. The delayed effective date is not expected to have a significant impact on the timing or amount of fee collections under this rule.
Summary of Comments by Legislative Review Committees
On March 27, 2008 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 Agriculture. The legislative review period expired on May 5, 2008.
No hearings were held and neither committee requested any changes to the rule.
Commerce
A rule-making order revising Chapters
Comm 5 and
18, relating to the licensing of elevator contractors and installers. Effective 7-1-08 and 1-1-09.
Summary of Final Regulatory Flexibility Analysis
The rules implement mandates imposed by
2005 Wisconsin Act 456. The fiscal estimates prepared for the enabling legislation indicated that there are approximately 40 elevator contractors and 500 elevator mechanics that would impacted by the legislation. The Department believes the rules will not have a significant impact on small business over that imposed by the Act.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
A rule-making order creating Chapter
Comm 4, relating to grants for construction career academies. Effective 7-1-08.
Summary of Final Regulatory Flexibility Analysis
The rules establish procedures for the issuance of grants to assist construction career academies, as instructed under s.
101.31, Stats., of
2007 Wisconsin Act 20. The enabling legislation affords certain entities the opportunity to acquire funds to further education in the various fields of construction. Based upon the conditions established under the enabling legislation, it is anticipated that construction organizations, high schools and technical colleges will be the likely applicants for the grants. These types of entities are not small businesses by definition. Therefore, the department does not believe that the rules will have a direct effect on small business.
Summary of Comments by Legislative Review Committees
No comments were received.
Employee Trust Funds
A rule-making order revising Chapters
ETF 10,
11,
20 and
50, relating to the purchase of credit for service. Effective 7-1-08.
Summary of Final Regulatory Flexibility Analysis
This rule-making 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 received.
Financial Institutions - General
A rule-making order creating Chapter
DFI-Gen 2, relating to small business enforcement discretion. Effective 7-1-08.
Summary of Final Regulatory Flexibility Analysis
This rule will have no adverse impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Health and Family Services
A rule-making order to repeal and recreate Chapter
HFS 149, relating to the special supplemental nutrition program for Women, Infants and Children (WIC) vendors and participants, and affecting small businesses. Effective 7-1-08.
Summary of Final Regulatory Flexibility Analysis
The rules will affect 439 small grocery stores; however, the rules will not have a significant economic impact on these small businesses that are compliant with this rule. Small stores that do not currently maintain regular established hours of operation may have to increase the time open to at least five days a week for a minimum of two four-hour blocks of time. This requirement may result in an increase in sales that would off-set any increase in costs.
Summary of Comments by Legislative Review Committees
No comments were reported.
Health and Family Services
A rule-making order revising Chapters
HFS 1 and
65, relating to determining parental payment limits for children's long term support services and family support services. Effective 7-1-08.
Summary of Final Regulatory Flexibility Analysis
The rule change will not affect small business as “small business" is defined in s.
227.114 (1) (a), Stats. Small businesses are not involved in the process of screening newborns for congenital and metabolic disorders.
Summary of Comments by Legislative Review Committees
No comments were received.
Health and Family Services
A rule-making order revising Chapters
HFS 1 and
65, relating to determining parental payment limits for children's long term support services and family support services. Effective 7-1-08.
Summary of Final Regulatory Flexibility Analysis
The rules do not affect businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Insurance
A rule-making order revising sections
Ins 17.01 and
17.28, relating to fiscal year 2009 fund fees and mediation panel fees. Effective 7-1-08.
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.
Natural Resources
A rule-making order creating Chapter
NR 433 and section
NR 484.04 (11m), relating to the identification of sources subject to the Best Available Retrofit Technology (BART) requirements for visibility protection and the determination of BART for those sources. Effective 7-1-08.
Summary of Final Regulatory Flexibility Analysis
The rule does not have a significant economic impact on small businesses. The facilities affected by the rule are power plants and major manufacturers of pulp and paper. These facilities are not considered to be small businesses.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. On March 6, 2008, the Assembly Committee on Natural Resources held a public hearing. The department did not receive any comments or requests for modification following the hearing.
Transportation
A rule-making order revising Chapter
Trans 101, relating to the demerit point system. Effective 7-1-08.
Summary of Final Regulatory Flexibility Analysis
There will be no significant adverse effect on small businesses
