CR_09-080 Ch. A-E 12, relating to continuing education for architects.

Wisconsin Administrative Register No. 654, 6/30/2010

Rules Published with this Register and Final Regulatory Flexibility Analyses

The following administrative rule orders have been adopted and published in the June 30, 2010, 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 [phone].

Agriculture, Trade and Consumer Protection

CR 09-023

Rule revises Chapter ATCP 149 , relating to the Potato Marketing Order. Effective 7-1-10.

Summary of Final Regulatory Flexibility Analysis

This rule increases does all of the following:

•   Increase the maximum assessment that the potato industry board is authorized to charge to producers. This rule changes the maximum assessment rate from 6 cents to 10 cents per hundredweight on potatoes sold into commercial channels.

•   Change the election and membership of the potato industry board. This rule reduces the number of election districts from 5 to 3, and reduces the number of board members from 10 to 9. Eight of the 9 members of the modified board will be elected by producers from districts identified in this rule, and one board member will be chosen by all potato producers in a statewide "at large" election. Under this rule, all board members will be elected for 3-year terms.

•   Provide for a gradual changeover to the new board membership. Current board members will continue to hold office until their current terms expire.

Under this rule, potato industry board election districts will be as follows:

•   District 1 will be represented by 3 board members and will include Ashland, Barron, Bayfield, Brown, Burnett, Chippewa, Clark, Door, Douglas, Dunn, Eau Claire, Florence, Forest, Iron, Kewaunee, Langlade, Lincoln, Marinette, Menominee, Oconto, Oneida, Pepin, Pierce, Polk, Price, Rusk, Sawyer, St. Croix, Taylor, Vilas, and Washburn counties.

•   District 2 will be represented by 3 board members and will include Marathon, Outagamie, Portage, Shawano, Waupaca and Waushara counties.

•   District 3 will be represented by 2 board members and will include Adams, Buffalo, Calumet, Columbia, Crawford, Dane, Dodge, Fond du Lac, Grant, Green, Green Lake, Iowa, Jackson, Jefferson, Juneau, Kenosha, LaCrosse, Lafayette, Manitowoc, Marquette, Milwaukee, Monroe, Ozaukee, Racine, Richland, Rock, Sauk, Sheboygan, Trempealeau, Vernon, Walworth, Washington, Waukesha, Winnebago and Wood counties.

The changes to the current election districts, and the election of one "at large" representative, will address changes in the geographic distribution of potato production in the state. The increase in the maximum authorized marketing order assessment will facilitate additional funding for market development and research, including University of Wisconsin research related to new potato varieties and pesticide and chemical management.

Summary of Comments by Legislative Review Committees

On March 1, 2010, DATCP transmitted the above rule for legislative review. The rule was assigned to the Assembly Committee on Agriculture and to the Senate Committee on Agriculture and Higher Education. The assigned legislative committees neither took any action nor made any comment to DATCP.

Architects, Engineers, Designers and Land Surveyors Examining Board

CR 09-079

Rule amends section A-E 3.05 (2) , relating to entrance requirements to take the architect examination. Effective 7-1-10.

Summary of Final Regulatory Flexibility Analysis

These 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 Committees

No comments were reported.

Architects, Engineers, Designers and Land Surveyors Examining Board

CR 09-080

Rule creates Chapter A-E 12 , relating to continuing education for architects. Effective 7-1-10.

Summary of Final Regulatory Flexibility Analysis

These 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 Committees

No comments were reported.

Architects, Engineers, Designers and Land Surveyors Examining Board

CR 09-081

Rule creates Chapter A-E 11 , relating to continuing education for landscape architects. Effective 7-1-10.

Summary of Final Regulatory Flexibility Analysis

These proposed 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 Committees

No comments were reported.

Employment Relations Commission

CR 10-019

Rule revises Chapters ERC 1 to 12 , 14 , 17 to 28 , and 30 to 50 and creates Chapters ERC 29 and 60 to 68 , relating to the administration of collective bargaining laws. Effective 7-1-10.

Summary of Final Regulatory Flexibility Analysis

This rule will have no impact on small businesses.

Summary of Comments by Legislative Review Committees

No comments were reported.

Financial Institutions — Credit Unions

CR 10-009

Rule creates Chapter DFI-CU 65 , relating to credit union service organizations. Effective 7-1-10.

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.

Natural Resources

Fish, Game, etc., Chs. NR 1—

CR 09-042

( DNR # WM-13-09)

Rule revises Chapter NR 10 , relating to hunting and the 2009 migratory game bird seasons and waterfowl hunting zones. Effective 7-1-10.

Summary of Final Regulatory Flexibility Analysis

These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule. Therefore, under s. 227.19 (3m) , Stats., a final regulatory analysis is not required.

Summary of Comments by Legislative Review Committees

The rules were reviewed by the Assembly Fish & Wildlife Committee and the Senate Committee on Transportation, Tourism, Forestry and Natural Resources. On September 23, 2009 the Assembly Committee on Fish & Wildlife held a public hearing. The department did not receive any comments or requests for modification as a result of that hearing.

Natural Resources

Fish, Game, etc., Chs. NR 1—

CR 09-051

( DNR # FH-18-09)

Rule revises Chapters NR 19 to 23 , relating to fishing on the inland, outlying, and boundary waters of Wisconsin. Effective 7-1-10.

Summary of Final Regulatory Flexibility Analysis

The proposed rules do not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.

Summary of Comments by Legislative Review Committees

A public hearing was held on Friday, August 14, 2009. No members of the public appeared. One inquiry was made by the Wisconsin Bowfishing Association regarding content of the rule, for information only.

Natural Resources

Fish, Game, etc., Chs. NR 1—

CR 09-052

( DNR # WM-21-07)

Rule revises Chapters NR 12 and 16 , relating to harmful wild animal designation for wild or feral hogs, mute swans, and wolf-dog hybrids. Effective 7-1-10.

Summary of Final Regulatory Flexibility Analysis

These 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 will allow the possession, propagation, and sale of mute swans in a manner which is identical to regulations which were in effect prior to a change to the Code of Federal Regulations which invalidated state regulations by breaking a cross reference in code language.

The possession and sale of wolf-dog hybrids would continue to be allowed under this rule proposal with certain conditions. Propagation would not be allowed under this proposal. Propagation for sale in Wisconsin is believed to be a limited activity that would have limited to no effect on small businesses. Likewise, the possession and propagation of feral swine would continue to be allowed by certain people for the purposes of meat production. People who possess wild or feral swine for other purposes are not believed to be benefitting economically and there would be no business effect.

In most cases these rules are applicable to individual animal owners. Business owners who posses wild or feral hogs, mute swans, or wolf-dog hybrids would be subject to compliance standards through a requirement that enclosures be of sufficient construction to contain those species. For wolf-dog hybrid owners, compliance with pen standards would not be required until 2014. Permanent marking of wild or feral swine and wolf-dog hybrids would be required. Wolf-dog hybrids would need to be sexually neutered. Annual reporting of animals acquired and sold or which die would be required. Additionally, business owners would be required to report events of animal escape to the department within 24 hours of becoming aware of the escape.

Summary of Comments by Legislative Review Committees

These rules were reviewed by the Senate Committee on Transportation, Tourism, Forestry and Natural Resources and the Assembly Committee on Fish and Wildlife. No hearings were held and the department did not receive comments or requests for modification.

Public Defender Board

CR 09-067

Rule revises Chapter PD 1 , relating to the certification of private bar attorneys to accept appointments to provide legal representation for state public defender clients. Effective 7-1-10.

Summary of Final Regulatory Flexibility Analysis

This rule will have no impact on small businesses.

Summary of Comments by Legislative Review Committees

No comments were reported.

Public Service Commission

CR 09-086

Rule creates Chapter PSC 172 , relating to the police and fire protection fee. Effective 7-1-10.

Summary of Final Regulatory Flexibility Analysis

While the statute creating this fee and this rule will affect small businesses to some degree, the Commission is unable to estimate the number because the statute and rule apply to all telecommunications providers and to retailers that sell prepaid wireless telecommunications plans. Since the Commission does not regulate wireless telecommunications providers or retail sellers of wireless services, it does not have the data necessary to determine whether those are small businesses. However, the Commission and the Department of Revenue (DOR) worked together to develop this rule. The steps taken by DOR to reduce the burden of tax filings on small businesses were taken into account when drafting this rule.

Summary of Comments by Legislative Review Committees

No comments were reported.

Revenue

CR 09-087

Rule creates sections Tax 2.85 and 11.90 , relating to penalties for failure to produce records. Effective 7-1-10.

Summary of Final Regulatory Flexibility Analysis

This rule does not have a significant effect on small business.

Summary of Comments by Legislative Review Committees

No comments were reported.

Revenue

CR 09-118

Rule creates section Tax 1.16 , relating to the financial record matching program. Effective 7-1-10.

Summary of Final Regulatory Flexibility Analysis

This rule does not have a significant effect on small business.

Summary of Comments by Legislative Review Committees

No comments were reported.

Revenue

CR 10-001

Rule revises Chapter Tax 2 , relating to apportionment and nexus. Effective 7-1-10.

Summary of Final Regulatory Flexibility Analysis

This rule does not have a significant effect on small business.

Summary of Comments by Legislative Review Committees

No comments were reported.

Veterans Affairs

CR 09-092

Rule revises section VA 1.11 , relating to the duties and responsibilities of the secretary. Effective 7-1-10.

Summary of Final Regulatory Flexibility Analysis

These rules do not appear to have any effect upon small businesses, nor any significant fiscal impact upon the private sector.

Summary of Comments by Legislative Review Committees

No comments were reported.

Veterans Affairs

CR 09-122

Rule revises section VA 2.02 (2) , relating to the veterans tuition reimbursement program. Effective 7-1-10.

Summary of Final Regulatory Flexibility Analysis

These rules have no effect upon small businesses, nor any significant fiscal impact upon the private sector.

Summary of Comments by Legislative Review Committees

No comments were reported.