Children and Families
Revises Chapters
DCF 250,
251 and
252, relating to child care centers. Effective 1-1-09.
Summary of Final Regulatory Flexibility Analysis
Most child care centers are small businesses as defined in s.
227.114 (1) (a), Stats. The new rules affecting family child care centers will require outdoor play space on the premises to be within a permanent enclosure that is not less than 4 feet high. As of January 2007, there were 3,120 family child care centers licensed to care for between 4 and 8 children. The Department estimates that 500 to 600 facilities will be affected by this change. This provision is consistent with national safety standards for child care settings. The minimal cost of a fence is $300. The rules also include oversight requirements for a family child care licensee who does not provide care and supervision for at least 50% of the hours of the center's operation, including being on the premises for 30 hours per month to carry out the responsibilities of a licensee. This cost is estimated at $300 per month.
The rules affecting group child care center require directors of a child care center with more than 50 children to obtain a child care administrator's credential within 3 years. The Wisconsin Technical College System estimates that the cost of obtaining this credential is $2000 per credential including books and other materials. The T.E.A.C.H. Early Childhood© - Wisconsin scholarship program administered through the Wisconsin Early Childhood Association under contract with the Department of Workforce Development, is available to students enrolled in the Wisconsin Professional Credential for Child Care Administrators program. The T.E.A.C.H. Early Childhood© - Wisconsin scholarship covers 70% of tuition, 75% of books, a travel stipend, up to 15 hours of release time per semester and 75% of the credential fee. The center agrees to provide 20% of tuition, $300 bonus when a contract is completed and up to an additional 15 hours of release time. The scholarship recipient provides 10% of tuition, 25% of the cost of books and 25% of the credential fee. In addition, the scholarship recipient agrees to remain in his or her current position at the center for a year. Current research show that the quality of child care provided is higher when center directors have higher educational levels.
Summary of Comments by Legislative Review Committees
In response to a meeting with Representative Owens' staff, Representative Albers, Senator Grothman, representatives of the Wisconsin Child Care Administrators Association, and Department staff, the Department agreed to modify the following:
• The provision that child care centers report an injury that requires professional medical treatment is modified from within 48 hours after the occurrence to within 48 hours of the licensee becoming aware of the medical treatment.
• The proposed amendment that would have considered lip balm a medication was removed.
• The proposal that a record of snacks brought in by parents be kept on file for 3 months was removed.
Children and Families
Revises Chapter
DCF 150, relating to the establishment of birth cost orders based on child support guidelines. Effective 1-1-09.
Summary of Final Regulatory Flexibility Analysis
The rule will affect small businesses but will not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
In response to concerns expressed at a meeting with Senator Jauch and advocates, the Department submitted germane modifications that provide:
• The court's consideration of ability to pay will be mandatory, rather than permissive, in the establishment of a birth cost order.
• A birth cost order shall be established based on the low-income birth cost order schedule regardless of whether the father has a child support obligation determined under the low-income child support payer provision.
• The revised rule emphasizes that the birth cost judgment amount set forth in the schedule for Maximum Birth Cost Judgment Amount for Low-Income Payers at 75% to 125% of the Federal Poverty Guidelines is a maximum by adding the phrase “may not exceed."
Commerce
Revises Chapters
Comm 5,
18 and
21, relating to technical requirements for conveyances and licensing of installers of residential conveyances. Effective 1-1-09.
Summary of Final Regulatory Flexibility Analysis
Pursuant to s.
227.19 (3m), Stats., the Department has determined that the rules that update chapters 18 by adopting the latest edition of the elevator and platform lift standards published by the American Society of Mechanical Engineers (ASME) and modifying these standards, where necessary, to reflect any Wisconsin statutes or to improve clarity, and that modify chapter Comm 5 for consistency with recent legislation will not have a significant impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Revises Chapter
Comm 34, relating to amusement rides. Effective 1-1-09.
Summary of Final Regulatory Flexibility Analysis
Chapter
Comm 34 establishes minimum standards for the design, construction, operation, maintenance and assembly of amusement rides. The amusement ride code has not been subject to an overall review and update since 2003. The revisions primarily clarify existing rules. In some instances the proposed changes keep the rules consistent with each other and with other Commerce codes. The department utilized an advisory council, the Amusement Ride Council, to gather information on potential impacts, including economic, in complying with both the technical and administrative requirements of code changes. The code council did not identify or convey any impacts to the department.
Summary of Comments by Legislative Review Committees
No comments were received.
Corrections
Revises Chapter
DOC 332, relating to the sex offender registration fee. Effective 1-1-09.
Summary of Final Regulatory Flexibility Analysis
There is no expected effect on small businesses under §
227.114, Stats.
Summary of Comments by Legislative Review Committees
Comments on the rule which were received through the hearing process, including written, oral, and testimony were considered if they were received by July 31, 2008.
Financial Institutions — Securities
Revises Chapters
DFI-Sec 1 to
9,
31,
32 and
35, relating to all aspects of Wisconsin securities regulation, including definitions, securities registration procedures and registration exemptions, securities broker-dealer and investment adviser registration, enforcement powers and procedures, as well as general administrative powers. Effective 1-1-09.
Summary of Final Regulatory Flexibility Analysis
No final regulatory flexibility analysis is required to be included on the basis that the Division of Securities has determined, after complying with s.
227.114, Wis. Stats., that the rules will not have a significant economic impact on a substantial number of small businesses.
Summary of Comments by Legislative Review Committees
No comments were reported.
Insurance
Revises Chapter
Ins 50, relating to audit, control and financial reporting requirements. Effective 1-1-09.
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
The legislative standing committees had no comments on this rule.
Insurance
Revises sections
Ins 6.79 and
8.10, relating to advisory councils and committees. Effective 1-1-09.
Summary of Final Regulatory Flexibility Analysis
This rule change will have no effect on the private sector regulated by OCI.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Revises Chapters
NR 406,
407,
460,
463 and
484, relating to national emission standards for hazardous air pollutants (NESHAP) for facilities engaged in the secondary production of aluminum. Effective 1-1-09.
Summary of Final Regulatory Flexibility Analysis
Since the rule is required by law to be identical to the existing federal rule, the Department has no flexibility to make any substantial changes to the rule. Because all affected sources must comply with the federal rule, the proposed state rule will have no additional adverse economic impact on small businesses or any other affected source.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. No comments were received from the Committees.
Natural Resources
Revises Chapters
NR 460 and
469, relating to national emission standards for hazardous air pollutants (NESHAP) for halogenated solvent cleaners for the NESHAP general provisions. Effective 1-1-09.
Summary of Final Regulatory Flexibility Analysis
Since the rule is required by law to be identical to the existing federal rule, the Department has no flexibility to make any substantial changes to the rule. Because all affected sources must comply with the federal rule, the proposed state rule will have no additional adverse economic impact on small businesses or any other affected source.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. No comments were received from the Committees.
Natural Resources
Revises Chapter
NR 10, relating to the 2008 migratory game bird seasons and waterfowl hunting zones. Effective 1-1-09.
Summary of Final Regulatory Flexibility Analysis
The rules are applicable to individual sportspersons and impose 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 rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. No comments were received from the Committees.
Public Instruction
Revises Chapter
PI 30, relating to state special education aid for certain pupil services personnel. Effective 1-1-09.
Summary of Final Regulatory Flexibility Analysis
The rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1) (a), Stats.
