Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in the
August 31, 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 (608) 266-3358.
Administration
Revises Chapter
Adm 21
, relating to construction bidding and contracting. Effective 9-1-10.
Summary of Final Regulatory Flexibility Analysis
The Department foresees a positive impact on small businesses. It is estimated the majority of bidders on state construction projects are small business contractors and vendors. This change will save contractors and bidders driving and delivery time and associated costs as well as allowing them additional time in the bidding process to prepare bids for submittal to the department.
Summary of Comments by Legislative Review Committees
No comments were reported.
Children and Families
Safety and Permanence, Chs. DCF 37-59
Creates Chapter
DCF 35
, relating to home visitation to prevent child abuse and neglect. Effective 9-1-10.
Summary of Final Regulatory Flexibility Analysis
The rule will affect small businesses as defined in s.
227.114 (1)
, Stats., but will not have a significant economic impact on a substantial number of businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Licenses, Certifications and Registrations, Ch. Comm 5
Revises Chapter
Comm 5
, relating to licensing of electricians. Effective 9-1-10 and 4-1-13.
Summary of Final Regulatory Flexibility Analysis
2007 Wisconsin Act 63
mandates state-wide electrician licensing as of April 1, 2013. Currently, the Department certifies master and journeyman electricians and register beginning electricians. The rules create a number of additional restricted licensing categories for industrial electricians and residential electricians and registration categories for the electrical apprentices and beginning electricians. The scope of work for industrial electricians will be limited to the facilities and properties of their employers. The scope of work for residential electricians will be limited to that associated with dwellings, dwelling units and detached accessory buildings and structures serving the dwellings or the dwelling units, such as garages, carports, gazebos and swimming pools. The renewal of electrician licenses will continue to be contingent upon the fulfillment of continuing education obligations.
The department does not anticipate that the rules will increase the effect on small businesses over that imposed by the Act.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Fee Schedule, Ch. Comm 2
Boilers and Pressure Vessels, Ch. Comm 41
Mechanical Refrigeration, Ch. Comm 45
Revises Chapters
Comm 2
,
41
, and
45
, relating to mechanical refrigeration. Effective 9-1-10.
Summary of Final Regulatory Flexibility Analysis
Less stringent requirements are not proposed for small businesses because the statutory directives under which these rules are proposed do not provide such flexibility.
Further clarification of the requirements relating to alterations to mechanical refrigeration systems, and of the potential applicability of other model codes was requested. Informational notes have been added to (1) explain that neither the
International Fire Code
®
nor NFPA
®
1 are applied by the Department to mechanical refrigeration systems and (2) encourage designers, contractors and owners to contact the Department to discuss their intentions for alterations and to determine, on a case-by-case basis, any upgrades that are then needed.
Several comments recommended adopting requirements that would be more restrictive than the requirements in the national standards which are referenced in the rules. The Department is postponing further consideration of those more-restrictive requirements until after they are included in the referenced national standards.
No new substantive reporting would be imposed on small businesses.
Although the rules would require periodic replacement of pressure relief valves in all existing ammonia mechanical refrigeration systems, the cost of this replacement is not expected to be significant. None of the other rule changes are expected to significantly increase the current cost of installing and operating mechanical refrigeration systems because the primary effect of the changes is to make chapter Comm 45 consistent with current regional and national standards for mechanical refrigeration, and with current industry and regulatory practices.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Financial Resources for Businesses and Communities, Chs. Comm 100—
Creates Chapter
Comm 134
, relating to meat processing facility investment credits. Effective 9-1-10.
Summary of Final Regulatory Flexibility Analysis
Less stringent application requirements are not proposed for small-business applicants because uniform application criteria are expected to result in maximizing the fairness and effectiveness of the allocation of the tax credits.
No substantive reporting would be imposed on small businesses.
The rules are not expected to impose significant costs on small businesses for other measures because the rules address submittal of documentation, and other activities, only by applicants that choose to pursue tax credits for investments in meat processing facilities.
Summary of Comments by Legislative Review Committees
No comments were received.
Commerce
Financial Resources for Businesses and Communities, Chs. Comm 100—
Revises Chapter
Comm 132
, relating to dairy manufacturing facility investment credits. Effective 9-1-10.
Summary of Final Regulatory Flexibility Analysis
Less stringent requirements are not proposed for small businesses because the directive under which these rules are proposed, section
560.207
of the Statutes, does not provide such flexibility.
No substantive reporting would be imposed on small businesses.
The rules are not expected to impose significant costs on small businesses for other measures because the rules address submittal of documentation only by dairy cooperatives that choose to pursue tax credits for investing in dairy manufacturing facilities.
Summary of Comments by Legislative Review Committees
No comments were received.
Health Services
Medical Assistance, Chs. DHS 101—
Health, Chs. DHS 110—
Revises Chapters
DHS 105
,
106
and
133
, relating to personal care agencies and providers, and affecting small businesses. Effective 9-1-10.
Summary of Final Regulatory Flexibility Analysis
The rule will affect at least 10% of the small businesses affected by the rule, but the rules will not have a significant economic impact on those businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Health Services
Health, Chs. DHS 110—
Revises Chapters
DHS 195
and
197
, relating to carbon monoxide detectors in hotels, motels, tourist rooming houses, and bed and breakfast establishments, and affecting small businesses. Effective 9-1-10.
Summary of Final Regulatory Flexibility Analysis
The rule changes to Chapters
DHS 195
and
197
will affect a substantial number of small businesses, however, the rule changes will not have a significant economic impact on those businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
Insurance
Revises section
Ins 2.81
, relating to use of the 2001 CSO Preferred Class Structure Mortality Table in determining reserve liabilities. Effective 9-1-10.
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
No comments were received.
Justice Assistance
Creates Chapter
OJA 1
, relating to the collection and analysis of motor vehicle traffic stop information. Effective 9-1-10 and 1-1-11.
Summary of Final Regulatory Flexibility Analysis
These rules do not have a significant effect on small business.
Summary of Comments by Legislative Review Committees
No comments were reported.
Natural Resources
Fish, Game, etc., Chs. NR 1—
(DNR # IS-07-10)
Revises Chapter
NR 40
, relating to the identification, classification and control of invasive species, and affecting small business. Effective 9-1-10.
Summary of Final Regulatory Flexibility Analysis
The rule is not expected to have a significant adverse effect on a substantial number of small businesses and may have favorable effects on a number of businesses by correcting and clarifying existing rules and by adding informational Notes to ch.
NR 40
. Small businesses that may be affected by the rule include the plant nursery industry, seed and agriculture industries, fish farmers, bait dealers, aquarium and ornamental fish dealers, businesses that own or manage land, and commercial fishers.
The "housekeeping" revisions should improve the public's ability to understand and comply with ch.
NR 40
. No new reporting, bookkeeping or other procedures are created by the rule. No new professional skills are needed to comply with the rule.
Summary of Comments by Legislative Review Committees
No comments were reported.
Veterans Affairs
Revises section
VA 2.01
, relating to the Assistance to Needy Veterans grant program. Effective 9-1-10.
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.
Workforce Development
Labor Standards, Chs. DWD 270-279
Creates Chapter
DWD 273
, relating to the regulation of traveling sales crews. Effective 9-1-10.
Summary of Final Regulatory Flexibility Analysis
Because the rule carries forward the requirements of the statute and does not establish new requirements, the rule does not have an effect on small business.
Summary of Comments by Legislative Review Committees
No comments were received.
