Extends the current mid-year deadline for counties to file cost-share reimbursement requests with DATCP (from June 1 to July 1).
Updates current standards for the certification of agricultural engineering practitioners under the land and water conservation program, consistent with current standards published by the united states department of agriculture, natural resource conservation service (“NRCS").
Updates current standards used by certified soil testing laboratories under the land and water conservation program, consistent with updated standards published by the University of Wisconsin-Extension and University of Wisconsin- Madison.
Meat Inspection
Corrects erroneous cross-references to federal meat inspection regulations in state meat inspection rules.
Bio-Diesel Plants
Clarifies that a bio-diesel plant is not required to hold a grease processor license, provided that the plant does not produce grease or other products for human or animal consumption.
Dairy Inspection
Changes, from 7 days to 14 days, the time period within which dairy plants must report high somatic cell counts in goat milk and take follow-up samples related to high bacterial counts.
Weights and Measures
Updates technical standards incorporated by reference in current packaging and labeling and weights and measures rules (ATCP 90 & 92), including the latest standards published by the National Institute of Standards and Technology.
Car Rental Notices
Incorporates statutory provisions requiring car rental companies to notify prospective renters if the rental company may charge the renter's credit card for forfeitures and other costs incurred but not paid by the renter for nonmoving traffic violations (parking tickets).
Fair Premium Aids
Authorizes DATCP to pay county and district fair premium aids based on total county and district fair premiums paid (current rule requires payment based on total premiums less entry fees).
Other Technical Changes
Modifies current notes to reflect the fact that rules and related documents are now filed with the legislative reference bureau, not the revisor of statutes or secretary of state (the revisor of statutes office was eliminated by 2007 Wis. Act 20).
Corrects minor errors in current rules.
Makes minor organizational, drafting and terminology changes.
Summary of Comments by Legislative Review Committees
On January 12, 2009, 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 Senate Committee on Agriculture and Higher Education did not hold a hearing and took no action. The Assembly Committee on Agriculture did not hold a hearing and took no action. The legislative review period expired on February 27, 2009.
Employee Trust Funds
Repeals and recreates section ETF 40.01, relating to continued group health insurance coverage of an insured dependent after the death of the insured employee or annuitant. Effective 5-1-09.
Summary of Final Regulatory Flexibility Analysis
The proposed 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 received.
Military Affairs —
Wisconsin Emergency Management
Amends sections WEM 1.03 and 1.04, relating to fees. Effective 5-1-09.
Summary of Final Regulatory Flexibility Analysis
Effect on Small Business:
Facilities with 11 or more employees would experience a fee change. Under s. 166.20 (7) (d), Stats., facilities with fewer than the equivalent of 10 full-time employees are exempt from inventory fees and the one-time emergency planning fee.
Types of Small Businesses That Will Be Affected By the Rule:
Small businesses as defined in s. 227.114 (5), Stats. and s. 166.20 (5) to (5m) that do not meet the fee exemption in s. 166.20 (7) (d).
Reporting, Bookkeeping and Other Procedures Required For Compliance With The Rule:
No new reporting, bookkeeping and other procedures are required for compliance with the rule.
Types of Professional Skills:
No new professional skills are necessary for compliance with the rule.
Rules Have a Significant Impact on Small Business:
No. Most small businesses with 11 or more employees are now paying the minimum annual inventory fee of $150.00 and will see that increase by 35% annually. Small businesses with 11 or more employees who must submit the one-time planning notification will receive an increase in the fee of 35%.
Summary of Comments by Legislative Review Committees
No comments were received.
Natural Resources
Fish, Game, etc., Chs. NR 1
Revises section NR 20.40, relating to regulation of fishing tournaments in inland, outlying, and boundary waters of Wisconsin. Effective 5-1-09.
Summary of Final Regulatory Flexibility Analysis
Small businesses likely to be impacted by this rule include tournament organizers. Tournament organizers will be affected by the imposition of tournament permit fees and will potentially be impacted by the imposition of the limits on the amount of tournament activity that can take place on a particular waterbody. However, the rules do not prevent any tournament organizer from holding a tournament particularly if the organizer is flexible with regard to location and date of the tournament. Tournament organizers would need to do several activities to comply: 1) apply for a tournament fishing permit, 2) submit appropriate application fee, 3) obtain permit and comply with tournament conditions outlined in the permit, 4) complete and submit a report of tournament activities to the Department of Natural Resources within 30 days of the completion of the fishing tournament.
In addition, local businesses that cater to tournament anglers and spectators may be indirectly affected by these regulations. Local communities and businesses may be affected if tournament activity either increases or decreases as a result of these rules. Tournament activity generates local economic activity and can range from tens of thousands of dollars to approximately two million dollars depending on the type of tournament (see the Economic component of the Bass Fishing Tournament Pilot program summary for specific details). The amount of tournament activity in Wisconsin may increase as a result of these rules if they are viewed as more favorable than those of surrounding states. Conversely, the amount of tournament activity may decrease if the rules are viewed as overly restrictive. The Department has no data to answer the question of whether these rules will act to increase or decrease tournament activity and it is therefore difficult to predict the overall economic impact of these regulations although the impact may be of notable magnitude.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Fish and Wildlife and the Senate Committee on Transportation, Tourism, Forestry, and Natural Resources. No hearing was held during the 10 day period allocated to the committees for review. The Department did not receive any comments or requests for modification.
Natural Resources
Fish, Game, etc., Chs. NR 1
Revises Chapter NR 47, relating to the county forest administration grant program. Effective 5-1-09.
Summary of Final Regulatory Flexibility Analysis
This rule change will not affect small business.
Summary of Comments by Legislative Review Committees
No comments were reported.
Regulation and Licensing
Revises section RL 161.04, relating to examinations for substance abuse professionals. Effective 5-1-09.
Summary of Final Regulatory Flexibility Analysis
This rule will have no significant economic impact on a substantial number of small businesses as defined in s. 227.114 (1), Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
Transportation
Creates Chapter Trans 145, relating to neighborhood electric vehicles. Effective 5-1-09.
Summary of Final Regulatory Flexibility Analysis
This rule will have no effect on small business other than limitation on NEV operation to which all NEV owners are subject.
Summary of Comments by Legislative Review Committees
No comments were received.
Transportation
Revises Chapters Trans 325, 326 and 327, relating to motor carrier safety and hazardous material transportation safety. Effective 5-1-09.
Summary of Final Regulatory Flexibility Analysis
This rule will have no significant adverse effect on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Transportation
Revises Chapter Trans 276, relating to allowing the operation of certain 2-vehicle combinations on certain highways without a permit. Effective 5-1-09.
Summary of Final Regulatory Flexibility Analysis
The provisions of this rule adding three highway segments to the designated system have no direct adverse effect on small businesses, and may have a favorable effect on those small businesses that are shippers or carriers using the newly designated routes.
Summary of Comments by Legislative Review Committees
No comments were received.
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