Rules Published with this Register and Final Regulatory Flexibility Analyses and
Repeals and Modifications of Rules by Legislative Acts
The following administrative rule orders and legislative acts that repeal or modify rule have been adopted or enacted and the changes, additions, and deletions to the Wisconsin Administrative Code contained in these rules and acts have been incorporated into the affected chapters of the Administrative Code. The affected chapters are published in this edition of the Wisconsin Administrative Register. (see sections 35.93 and 227.265, Wis. Stats.)
Administrative Rules Published
Agriculture, Trade and Consumer Protection
(DATCP DOCKET # 11-R-01)
An order of the Department of Agriculture, Trade and Consumer Protection to revise Chapter
ATCP 50, relating to relating to soil and water resource management and affecting small business.
Effective 5-1-14.
Summary of Effects on Small Business
Most impacts of this rule will be on farmers, a great majority of whom qualify as “small businesses." These are the key factors affecting the impacts on farms:
• This rule does not add performance standards for farms, but focuses on implementation of standards previously developed by Department of Natural Resources (DNR) in 2011.
• In its implementation of the 2011 DNR standards, this rule includes measures intended to minimize the financial impacts on farmers, including accommodations to limit the burdens of nutrient management planning for pastures, and limitations on increasing the tillable setback over 5 feet.
• Most farmers will be insulated from the costs of implementation by the state's cost-share requirement and the limited state funding available to provide cost-sharing.
• For farmers receiving farmland preservation program tax credits, this rule provides farmers flexibility to minimize the financial impacts related to compliance (which range from $8 to $12 million state-wide), including a delay in the effective date for compliance with the 2011 DNR standards, the use of performance schedules, pursuit of cost-sharing for which they are eligible, use of a tax credit to offset some implementation costs, or if needed, withdrawal from the farmland preservation program to avoid unmanageable costs.
The rule changes will have small, but positive impacts on businesses other than farmers. Those businesses include nutrient management planners, soil testing laboratories, farm supply organizations, conservation engineering practitioners, and contractors installing farm conservation practices.
Summary of Comments from Legislative Committees
On October 24, 2013, the Legislature officially received the above-referenced rule which the DATCP Secretary previously signed and submitted on October 21, 2013, pursuant to s.
227.19, Stats. The rule was approved by the Governor on September 24, 2013.
The rule was assigned to the Assembly Committee on Agriculture and the Senate Committee on Agriculture, Small Business, and Tourism. Neither committee took action. The Assembly referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on December 10, 2013 and the Senate referred it to JCRAR on December 13, 2013. JCRAR took no action on the rule.
Agriculture, Trade and Consumer Protection
(DATCP DOCKET # 12-R-11)
An order of the Department of Agriculture, Trade and Consumer Protection to repeal section
ATCP 113.02; to amend sections
ATCP 90.01 (26),
91.01 (4) and (Note), 91.03 (3) (k) and (L), the prefatory note to Ch.
ATCP 92, 92.01 (15), 92.02 (1) and (Note), 92.06 (1) (a) and (b) and (2), 92.20 (2) (d) (Note), 92.21 (2) (b) (Note) and (4) (Note), 92.22 (1) (b) and (Note), 92.30 (1) (c) and (d) (Note), (3) (e) 2., and (6) (title) and (c) (Note), 92.31 (2) (d) (Note), 92.43 (2) (Note), 92.50 (2) (b) (Note) and (3) (d), 113.01 (1) and (3),136.10 (1), 136.12 (3) (e); to repeal and recreate sections
ATCP 136.02 (4) (Note), 136.08 (7) (Note); and to create sections
ATCP 136.01 (11m),
136.12 (3) (f) and
(g), and
136.14 (1) (c); relating to fair packaging and labeling; selling commodities by weight, measure or count; weights and measures; gasoline advertising; and mobile air conditioners, reclaiming or recycling refrigerant; various minor and technical rule changes; and affecting small business.
Effective 5-1-13.
Business Impact Analysis (Summary)
This rule updates references to technical standards to the most recent editions of those standards without significant changes. This rule simply continues policies already in place in current rules or updates rules to conform to recent changes in the statutes. Except as noted below, this rule does not have an effect on small businesses.
Chapter
ATCP 113 — Gasoline Advertising, updating references to most recent standards may increase the enforceability of the rule. Chapter
ATCP 113 relies on nationally recognized standards for octane rating published by ASTM. However, the current rule relies on standards that are outdated and is, therefore, difficult to enforce. Updating the standards, as proposed in this rule, will improve the enforceability. By making it easier to punish any business that might mislead consumers about the octane rating or value, this rule should benefit honest sellers of gasoline.
This rule will benefit businesses that service mobile air conditioners. Under this rule, these businesses can service units that require the new refrigerant HFO-1234yf. This product was only recently approved by EPA.
Comments from Legislative Committees (Summary)
On January October 24, 2013, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Assembly Committee on Consumer Protection and the Senate Committee on Agriculture, Small Business, and Tourism. Neither committee took action. The Assembly referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on December 5, 2013 and the Assembly referred it to JCRAR on December 13, 2013. JCRAR took no action on the rule.
Revenue
Effective 3-1-14.
Effect on Small Business
This rule order does not affect small business.
Comments from Legislative Committees
No comments were reported.
Safety and Professional Services
Professional Services, Chs.
1—299
An order of the Department of Safety and Professional Services to create section
SPS 34.04 (2) (a) 4. and
5., relating to training of firearms instructors for private security personnel, private detectives, and private investigators or special investigators.
Effective 3-1-14.
Effect on Small Business
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1), Stats.
Comments from Legislative Committees
No comments were reported.
Safety and Professional Services
Professional Services, Chs.
1—299
An order of the Department of Safety and Professional Services to repeal section
SPS 81.04 (1) (c) 3. and
4., and to amend section
SPS 81.04 (2), relating to reciprocity for real estate appraisers.
Effective 3-1-14.
Effect on Small Business
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1), Stats.
Comments from Legislative Committees
No comments were reported.
Safety and Professional Services
An order of the Department of Safety and Professional Services to amend sections
SPS 381.01 (141),
381.20 Table 381.20-11 (partial) line 6., 384.20 (2) (b) (Note), 384.30 (4) (intro.), and 384.40 (8) (a) and (d); and create sections
SPS 381.01 (141) (c) (Note), 381.20 Table 381.20-11 (partial) line 7., relating to U.S. EPA lead reduction rule, Safe Drinking Water Act amendments of 2011.
Effective 3-1-14.
Effect on Small Business
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1), Stats.
Comments from Legislative Committees
No Comments were reported.
Safety and Professional Services —
Medical Examining Board
Effective 3-1-14.
Effect on Small Business
The department finds that this rule will have no effect on small business as small business as defined in s.
227.114 (1), Stats.
Comments from Legislative Committees
No Comments were reported.
Safety and Professional Services —
Pharmacy Examining Board
An order of the Pharmacy Examining Board to repeal sections
Phar 18.02 (22),
18.06 (4) to
(6) and
(9),
18.06 (4) to
(6) and
(9); renumber section
Phar 18.06 (7) and
(8) to
18.06 (4) and
(5); amend sections
Phar 18.02 (7),
(16), and
(17),
18.03 (intro.),
18.04 (1) (b) and
(e), and
(3) (b),
(d),
(i), and
(k),
18.05 (2),
18.06 (1) to
(3) (intro.),
18.06 (4); and create section
Phar 18.02 (3m) and
(13e), relating to the prescription drug monitoring program (PDMP) and the exclusion of veterinarians from reporting.
Effective 3-1-14.
Effect on Small Business
This rule change will not have an effect on small business.
Comments from Legislative Committees
