- Rule repeals and recreates Chapter DHS 85 , relating to non-profit corporations and unincorporated associations as guardians. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThe fiscal impact of the rule requirements does not appear to be significant and will vary directly with the size of the guardianship agency. The overall effect of these changes on corporate guardian agencies should be minimal.Summary of Comments by Legislative Review CommitteesNo comments were received.Health ServicesCommunity Services, Chs. DHS 30—Rule revises Chapter DHS 75 , relating to substance abuse counselors, clinical supervisors, and prevention specialists. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThe rules will not directly affect small businesses. The rules under this order are to conform to the transfer of authority under 2005 Wisconsin Act 25 from the Department to DRL. Any fiscal impact upon small business occurred when the changes from 2005 Wisconsin Act 25 were implemented by DRL in 2005 and 2006.Summary of Comments by Legislative Review CommitteesNo comments were received.Health ServicesHealth, Chs. DHS 110—Rule repeals Chapters DHS 117 , 160 and 253 , and revises Chapter DHS 172 , relating to fees for copies of health care provider records, registration of sanitarians, safety, maintenance and operation of public swimming pools and water attractions, and child support cooperation for food stamps. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThe rules will not have a fiscal effect on businesses.Summary of Comments by Legislative Review CommitteesNo comments were received.Hearings and AppealsRule revises Chapter HA 2 , relating to the procedure and practice for corrections hearings before the Division. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThis rule does not have a significant effect on small business.Summary of Comments by Legislative Review CommitteesBoth the senate and assembly legislative committees took no action on the proposed rules.InsuranceRule revises section Ins 3.39 and Appendix 3 , relating to medicare supplement and replacement guarantee issue eligibility. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThis rule does not have a significant impact on regulated small businesses as defined in s. 227.114 (1) , Wis. Stats., including intermediaries. OCI maintains a database of all licensed issuers in Wisconsin. The database includes information submitted by the companies related to premium revenue and employment. In an examination of this database, OCI identified that 75 insurance companies offer Medicare supplement, Medicare cost and Medicare select (Medigap) policies to Wisconsin consumers eligible for Medicare due to age or disability and none of those companies qualify by definition as a small business. In addition, 25 insurance companies have Medigap policyholders although the companies no longer market Medigap coverage in Wisconsin. Again, none of these 25 companies qualifies by definition as a small business. Although affected by this rule change, intermediaries qualifying as small businesses may be affected but such effect will not be significant as previously described.Summary of Comments by Legislative Review CommitteesNo comments were reported.InsuranceRule creates Chapter Ins 57 , relating to care management organizations. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThis rule will have minimal to no effect on small businesses that are care management organizations. This rule may affect small businesses that are care management organizations seeking a permit from the commissioner. The office worked closely with the Department to minimize the impact on the care management organizations and will share information between departments so not to overly burden care management organizations.Summary of Comments by Legislative Review CommitteesNo comments were reported.InsuranceRule creates section Ins 3.34 , relating to coverage of dependents to age 27. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThis rule will have little or no effect on small businesses.Summary of Comments by Legislative Review CommitteesNo comments were reported.Natural ResourcesFish, Game, etc., Chs. NR 1—Rule revises Chapters NR 10 and 19 , relating to hunting, trapping and wildlife rehabilitation. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThese rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule.Summary of Comments by Legislative Review CommitteesNo comments were reported.Natural ResourcesFish, Game, etc., Chs. NR 1—Rule revises section NR 10.104 (4) (b) , relating to deer management unit population goals. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThese rules, and the legislation which grants the department rule making authority, do not have a significant fiscal effect on the private sector or small businesses. These 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.Summary of Comments by Legislative Review CommitteesThese rules were reviewed by the Senate Committee on Transportation, Tourism, Forestry and Natural Resources and the Assembly Committee on Fish and Wildlife. On December 17, 2009 both committees held a joint hearing on these rules. On January 5, 2010 the Assembly Committee on Fish and Wildlife requested non-specific modifications to Clearinghouse Rule No. 09-053. The Natural Resources Board adopted modifications at its March 16, 2010 meeting. The department did not receive additional comments or requests for modification.Natural ResourcesFish, Game, etc., Chs. NR 1—Rule repeals section NR 45.04 (1) (g) and creates section NR 45.045 , relating to regulation of firewood entering department lands. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisSmall businesses affected by the rule include firewood vendors that get their wood more than 25 miles from state lands where they wish to sell wood. Currently, firewood dealers that contract with state properties have been able to continue with their contracts by providing wood from within the allowable distance if they segregate that wood from non-allowable wood. Other vendors such as convenience stores would need to switch to a supplier that got its wood from within the allowable distance from the park or from a wood vendor who was certified by the WI DATCP as treating their wood to prevent transmission of wood borne pests or diseases.Summary of Comments by Legislative Review CommitteesThe rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Transportation, Tourism, Forestry and Natural Resources. The department did not receive comments or requests for modification as a result of the review.Natural ResourcesEnvironmental Protection — Air Pollution Control,
Chs. NR 400—Rule revises Chapters NR 404 , 438 , and 484 , relating to ambient air quality standards for ozone and lead, including new reporting requirements for lead compounds. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThe promulgation of the ozone and lead ambient air quality standards would not have any direct effect on business, including those defined as small business. Following the promulgation of the ozone and lead air quality standards, the EPA will determine if any areas in the state should be designated as nonattainment for either of the new air quality standards. The Department is required to develop an air quality management state implementation plan (SIP) to ensure that all ambient air quality standards are attained and maintained in all areas of the state. The future development of that SIP to address ozone and lead may result in emission limitations being developed for specific source categories or in the implementation of emission control technologies which may affect business, including small business. Any prospective SIP revisions would occur through the development of additional rules, which would include analyses of the rules' potential effects on the private sector, including small business.Summary of Comments by Legislative Review CommitteesThe rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment. Neither committee held a public hearing and the Department did not receive any comments or requests for modification from the committees.Pharmacy Examining BoardRule revises sections Phar 6.08 , 7.12 , and 8.12 , relating to security systems, utilization reviews, and prescription orders transmitted by facsimile machines. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThese rules were reviewed and discussed by the department's Small Business Review Advisory Committee which determined that the rules will have no significant economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) , Stats. The Department's Regulatory Review Coordinator may be contacted by email at hector.colon@wisconsin.gov , or by calling 608-266-8608.Summary of Comments by Legislative Review CommitteesNo comments were reported.Public Defender BoardRule revises Chapters PD 2 , 3 , and 6 , relating to representation by the state public defender of persons detained under Chapters 51 or 55 , Stats., or subject to involuntary administration of psychotropic medication without a predetermination of financial eligibility. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThere will be no effect on small business.Summary of Comments by Legislative Review CommitteesNo comments were reported.Public InstructionRule revises sections PI 35.03 and 35.05 , relating to establishing a fee under the Milwaukee Parental Choice Program. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThe rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a) , Stats.Summary of Comments by Legislative Review CommitteesNo comments were reported.Public InstructionRule creates Chapter PI 39 , relating to grants for tribal language revitalization. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThe rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a) , Stats.Summary of Comments by Legislative Review CommitteesNo comments were reported.Public InstructionRule creates section PI 8.01 (4) , relating to waiver of school hours. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThe rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a) , Stats.Summary of Comments by Legislative Review CommitteesNo comments were reported.RevenueRule revises Chapter Tax 11 , relating to sales and use tax. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThis rule does not have a significant economic impact on a substantial number of small businesses.Summary of Comments by Legislative Review CommitteesNo comments were reported.TourismRule creates Chapter Tour 3 , relating to grants to municipalities and organizations for regional tourist information centers created under 2009 Wisconsin Act 28 . Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisThese rules will have no effect on small businesses as defined in s. 227.114 (1) , Stats.Summary of Comments by Legislative Review CommitteesNo comments were reported.TransportationRule creates Chapter Trans 148 , relating to electronic recording and release of liens by non-individual creditors. Effective 6-1-10.Summary of Final Regulatory Flexibility AnalysisMost non-individual secured parties are financial institutions, located in and outside Wisconsin. Virtually all financial institutions maintain their records in electronic format and possess computers and access to the Internet. On the other hand, the Department recognizes that some small businesses do not possess this capability.While there is not a direct connection between the size of the business and the amount of business done with the Department, the Department believes that this is an adequate measure of a small business for which it may be difficult to purchase necessary hardware and software, or to hire sufficient staff to manage electronic security interest statement filing. Therefore, the rule exempts secured parties that have filed 48 or fewer security interest statements in motor vehicles during the previous calendar year.Summary of Comments by Legislative Review CommitteesNo comments were reported.
