Rules Published with this Register and Final Regulatory Flexibility Analyses
The following administrative rule orders have been adopted and published in this edition of the 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.
Agriculture, Trade and Consumer Protection
(ATCP # 09-R-4)
Revises Chapter
ATCP 161
, relating to economic development grants and loans - accountability provisions. Effective 9-1-11.
Summary of Final Regulatory Flexibility Analysis
Business Impact Summary:
This rule implements provisions that are intended to improve accountability for public funds used to make economic development grants or loans. This includes requiring that certain recipients provide specified information as a condition of a grant or loan, and authorizing DATCP to withhold payment or impose financial penalties if grant or loan recipients fail to honor the terms of their contract.
For a grant or loan of $100,000 or more, the department must include within the grant or loan contract a provision requiring the recipient to give DATCP a verified statement signed by a certified public accountant (CPA) and a director or principal officer of the grant or loan recipient. The verified statement must account for how the grant or loan funds were used. The verified statement required by this rule is
not
the same as a "verified
financial
statement," as that term is used in accounting practice.
DATCP is allowed to withhold or recover payments, or impose financial penalties, if a grant or loan recipient submits false information to DATCP or fails to honor the terms of the grant or loan contract.
Affected businesses, including small businesses, voluntarily apply for the grants and loans from DATCP. Grant and loan recipients receive a substantial financial benefit from the state. This rule will add few, if any, costs for grant and loan recipients that comply with the terms of their contracts.
Under this rule, a business receiving a grant or loan of over $100,000 must submit a verified statement signed by a certified public accountant (CPA) and by a director or principal officer of the grant or loan recipient. This requirement may impose some additional costs on some grant or loan recipients. DATCP has awarded about five grants or loans of this size in the past 20 years, so few recipients are likely to be affected by this requirement.
Comments from Legislative Committees (Summary)
On February 28, 2010, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Assembly Committee on Agriculture and Senate Committee on Agriculture, Forestry, and Higher Education. No action was taken by either committee.
Children and Families
Safety and Permanence, Chs. DCF 35-59
Revises Chapter
DCF 56
, relating to foster care. Effective 9-1-11.
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 received.
Employee Trust Funds
Revises section
ETF 20.055
, relating to the waiver of spousal/domestic partner consent on Wisconsin Retirement System benefit applications. Effective 9-1-11.
Summary of Final Regulatory Flexibility Analysis
There is no effect on small business.
Summary of Comments of Legislative Standing Committees
No comments were reported.
Employee Trust Funds
Revises section
ETF 10.75
, relating to the implementation of statutory changes related to power of attorney pursuant to
2009 Wisconsin Act 319
. Effective 9-1-11.
Summary of Final Regulatory Flexibility Analysis
There is no effect on small business.
Summary of Comments of Legislative Standing Committees
No comments were reported.
Insurance
Revises Chapter
Ins 17
, relating to annual injured patients and families compensation fund fees, mediation panel fees and provider classifications. Effective 9-1-11.
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 of Legislative Standing Committees
No comments received.
Insurance
Revises section 6.07, relating to readability and electronic access to insurance policies. Effective 9-1-11.
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 of Legislative Standing Committees
No comments received.
Natural Resources
Fish, Game, etc., Chs. NR 1—
(DNR # FR-38-10)
Revises section
NR 45.055
, relating to golf carts. Effective 9-1-11.
Summary of Final Regulatory Flexibility Analysis
Impacts are expected to be minimal, but include implementation and enforcement of the rule (town, county, the Department, and public safety agencies) and ability of residents to lawfully and safely use golf carts and a potential increase in such use (residents, businesses).
The proposed 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 small businesses that provide services to users of golf carts. Small businesses that may be positively affected by the proposed rule include golf cart retailers and services providers, gas stations, and other service type industries.
No new compliance, reporting or bookkeeping requirements are imposed by the proposed rule and no new professional skills are needed to comply with the proposed rule.
Summary of Comments of Legislative Standing Committees
No comments received.
Natural Resources
Environmental Protection — Air pollution control,
Chs. NR 400—
Revises Chapters
NR 400
,
406
and
407
, relating to major source permitting thresholds for sources of greenhouse gas emissions and affecting small business. Effective 9-1-11.
Summary of Final Regulatory Flexibility Analysis
The adopted rules do not have the potential to have a significant impact on a substantial number of small businesses. By establishing specific thresholds for greenhouse gas emissions, the proposed rules reduce the number of sources that would otherwise be subject to New Source Review construction and Title V operation permit and control requirements based on greenhouse gas emissions.
Summary of Comments of Legislative Standing Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Environment. The Assembly Committee held a hearing on June 22, 2010. No comments or requests for modifications were received from either Committee.
Public Service Commission
Revises Chapter
PSC 168
, relating to the certification and operation of alternative telecommunications utility resellers. Effective 9-1-11.
Summary of Final Regulatory Flexibility Analysis
The Final Rule is not expected to adversely affect small business as defined in ss.
227.114 (1)
and
196.216
, Stats. Although the costs to small business are not subject to quantification, the process improvements in the amendments proposed here should reduce costs in re-certification situations and in revocation proceedings.
Summary of Comments of Legislative Standing Committees
No comments were reported.
Safety and Professional Services
(formerly Commerce)
Fee Schedule, Ch. Comm 2
Licenses, Certifications and Registrations, Ch. Comm 5
Fire Prevention, Ch. Comm 14
Elevators, Escalators and Lift Devices, Ch. Comm 18
Uniform Dwelling, Chs. Comm 20-25
Wis. Commercial Building Code, Chs. Comm 60-66
Revises Chapters
Comm 2
,
5
,
14
,
18
,
20
to
25
and
61
to
66
, relating to Wisconsin Commercial Building Code. Effective 9-1-11 in part, 1-1-12 in part 7-1-14 in part.
Summary of Final Regulatory Flexibility Analysis
Pursuant to s.
227.19 (3m)
, Stats., the Department of Commerce has determined that the proposed rules to amend Chapter
Comm 5
will not have a significant impact on a substantial number of small businesses. The Department believes the rules will not increase the effect on small businesses from what the current rules impose on them. The revisions for the Commercial Building Code do not apply retroactively to existing buildings. The proposed revisions would apply when a new building or modification to an existing building is proposed. The various advisory councils utilized by the Department in developing the revisions did not identify major economic concerns with the technical revisions updating the Commercial Building Code to the latest national model codes as amended in this proposal.
Summary of Comments of Legislative Standing Committees
No comments received.
Safety and Professional Services
(formerly Commerce)
Fee Schedule, Ch. Comm 2
Fire Prevention, Ch. Comm 14
Uniform Dwelling, Ch. Comm 20-25
Gas Systems, Ch. Comm 40
Wisconsin Commercial Building Code, Chs. Comm 60-66
Revises Chapters
Comm 2
,
14
,
20
,
40
and
65
, relating to gas systems. Effective 9-1-11.
Summary of Final Regulatory Flexibility Analysis
Less stringent requirements are not proposed for small businesses because the statutory directives under which these rule changes are proposed do not provide such flexibility.
None of the proposed rule changes are expected to significantly increase the current cost of installing and operating fuel gas systems because the primary effect of the changes is to make chapter Comm 40 consistent with current regional and national standards for these systems, and with current industry and regulatory practices. No substantive new reporting would be imposed on small businesses.
Summary of Comments of Legislative Standing Committees
No comments received.
Safety and Professional Services
(formerly Regulation and Licensing)
Revises Chapters
RL 180
and
181
, relating to training and proficiency in the use of automated external defibrillators for licensure as a licensed midwife. Effective 9-1-11.
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.
Summary of Comments of Legislative Standing Committees
No comments were reported.
Safety and Professional Services
(formerly Regulation and Licensing)
Revises Chapters
RL 80
,
81
,
82
,
83
,
84
,
85
, and
86
, relating to licensure and certification requirements if licensed in another state or territory, approved instructors for educational programs and continuing education, examination requirements, rules of professional conduct and "FIRREA" and AQB criteria. Effective 9-1-11.
Summary of Final Regulatory Flexibility Analysis
These proposed rules were reviewed by the department's Small Business Review Advisory Committee to determine if the rules will have a significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats. It was determined that the rules will not have a significant economic impact on a substantial number of small businesses.
Summary of Comments of Legislative Standing Committees
No comments were reported.
Safety and Professional Services —
Hearing and Speech Examining Board
Revises Chapter
HAS 8
, relating to requiring ethics courses and approval of continuing education programs. Effective 9-1-11.
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.
Summary of Comments of Legislative Standing Committees
No comments were reported.
Safety and Professional Services —
Radiography Examining Board
Creates Chapters
RAD 1
to
6
, relating to radiography. Effective 9-1-11.
Summary of Final Regulatory Flexibility Analysis
These proposed rules were reviewed by the Small Business Review Advisory Committee and it was determined that the rules will not have a significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats.
Summary of Comments of Legislative Standing Committees
No comments were reported.
Transportation
Revises Chapter
Trans 132
, relating to temporary operation plates or permits. Effective 9-1-11.
Summary of Final Regulatory Flexibility Analysis
To the extent that small businesses purchase eligible vehicles through private sales, this application will have a positive effect on small businesses.
Summary of Comments of Legislative Standing Committees
No comments were reported.
