CR_11-036 Revise Chapter Jus 10, relating to firearms restriction records searches.

Wisconsin Administrative Register No. 680, 8/31/2012

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.

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Agriculture, Trade and Consumer Protection

CR 11-046

(DATCP # 10-R-10)

The Department of Agriculture, Trade and Consumer Protection (DATCP) hereby submits an order to revise Chapter ATCP 30 Appendix A , relating to pesticide product restrictions. Effective 9-1-12.

Summary of Final Regulatory Flexibility Analysis

This rule will update existing maps in Chapter ATCP 30 , Wis. Adm. Code Appendix A ("Atrazine Prohibition Areas"). These maps show areas where use of atrazine is prohibited because testing of local groundwater for the pesticide atrazine indicates that state standards have been met or exceeded.

DATCP is not adding to or changing any of the current Atrazine Prohibition Areas on any of the maps in Appendix A. Maps presently being used contain surface features that require updating, such as new roadways, modified street names, and other features. Moreover, current mapping software allows for reliance on data from numerous sources to provide for improved accuracy in mapping. The maps in this rule provide more accurate, up-to-date maps of the same Atrazine Prohibition Areas than are presently in ch. ATCP 30 Appendix A

This rule will have no adverse economic impact on businesses, large or small. The rule will assist Wisconsin businesses that use atrazine because the rule revises maps that have become or are becoming outdated due to the passage of time. Using updated maps that contain correct street names, new roadways, and other mapped features will reduce confusion for users of atrazine and make it easier to prevent the inadvertent applications of that pesticide where it is prohibited due to its detection in groundwater.

Summary of Comments of Legislative Standing Committees

On March 6, 2012, DATCP transmitted the above rule for legislative review. The rule was assigned to the Senate Committee on Energy, Biotechnology, and Consumer Protection and the Assembly Committee on Agriculture. Neither committee took action on the rule. The Senate referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on April 9, 2012, and the Assembly referred the rule to JCRAR on May 17, 2012. JCRAR took no action on the rule.

Insurance

CR 10-151

The Office of the Commissioner of Insurance hereby submits an order to revise Chapters Ins 2 , 7 , and 28 , relating to life settlements and affecting small business. Effective 9-1-12.

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 were received.

Justice

CR 11-036

The Wisconsin Department of Justice submits an order to revise Chapter Jus 10 , relating to firearms restriction records searches. Effective 9-1-12.

Summary of Final Regulatory Flexibility Analysis

There are no provisions in this rule that have any significant effect on small business.

Summary of Comments of Legislative Standing Committees

No comments were reported.

Natural Resources

Fish, Game, etc., Chs. NR 1—

CR 11-032

(DNR # WM-11-11)

The Wisconsin Department of Natural Resources submits and order to revise Chapter NR 10 , relating to hunting and the 2011 migratory game bird seasons and waterfowl hunting zones. Effective 9-1-12.

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 flexibility analysis is not required.

Summary of Comments of Legislative Standing Committees

No comments were reported.

Natural Resources

Fish, Game, etc., Chs. NR 1—

CR 11-049

(DNR # FH-25-11)

The Wisconsin Department of Natural Resources submits and order to revise section NR 25.05 (1) (c) , relating to commercial fishing in outlying waters. Effective 9-1-12.

Summary of Final Regulatory Flexibility Analysis

The proposed rule does not impose any additional compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule. The Department has determined that this rule would not adversely affect in a material way the economy, a sector of the economy, productivity, jobs, or the overall economic competitiveness of this state. This rule will have a positive economic effect on commercial fishing businesses as well as Wisconsin-licensed wholesale fish dealers. Increased revenues will contribute toward the health and welfare of these businesses. There would be no implementation or compliance costs expected to be incurred by the proposed rule. No fiscal impacts are expected for public utility rate payers or local governmental units. This determination was made after conducting an economic impact analysis. The Department requested economic impact comments from all Wisconsin-licensed commercial fishers, the Lake Michigan Commercial Fishing Board, 17 port city mayors offices and the same cities' chambers of commerce, the Wisconsin Wildlife Federation, Wisconsin Conservation Congress, Wisconsin Federation of Great Lakes Sport Fishing Clubs, UW Sea Grant, the Great Lakes Indian Fish and Wildlife Commission, and Wisconsin-licensed wholesale fish dealers, as well as posted the proposed rule documents to the Department website and the Wisconsin Administrative Rules website.

Summary of Comments of Legislative Standing Committees

No comments were received.

Revenue

CR 12-014

The Wisconsin Department of Revenue adopts an order to: repeal sections Tax 11.001 (2) (bw) , 11.28 (3) (c) 1. b. (Example 1), 11.66 (2) (a) 9., 11.84 (2) (c) 2. and 3., 11.92 (1) (d) 3., and 11.96 (2) (g) and (h); renumber sections Tax 11.32 (7) ; renumber and amend sections Tax 11.05 (3) (b) and 11.83 (3) (a) ; amend sections Tax 1.12 (8) (c) , 11.001 (1) , (2) (e) , and (3) (Note), 11.04 (1), 11.05 (4) (a) and (Note), 11.12 (3), 11.14 (2) (a) 3., (6) (b) 1., (8), (9), (10) (intro.), and (13) (b), 11.15 (3) (a), 11.17 (4) (b) 6., 11.26 (3) (b) (Example 1) and (Example 3) and (Note), 11.28 (3) (c) 1. (intro.), a., and b. and (7) (Note), 11.32 (6) (Example) and (8) (Note), 11.33 (5) (title), 11.34 (1) and (3) (a) and (b) (intro.), 11.35 (1), 11.49 (2) (b) and (d), 11.51 (2) (a) and (b) and (4) (b) 1. (Example) and 2. (Example 1) and (d) 1. (intro.), a., and b., 11.65 (4) (b), 11.66 (3) (a) 2. and 3., (b), and (c), 11.68 (13) (title), (a), (c), (d), (e), and (Note), 11.70 (7) (a) 2. and (Note), 11.71 (2) (c) (Example 2), 11.83 (11) (a) and (b), 11.84 (2) (c) 4., 11.85 (2) (b), 11.87 (4) (b), 11.88 (3) (b), 11.92 (1) (b), (d) (intro.), and (e), 11.95 (1) (a), and 11.96 (title), (1), (3) (intro.), and (Note); repeal and recreate sections Tax 11.33 (4) , 11.51 (3) (a) 2. , 11.84 (1) (b) , and 11.97 (8) ; and create sections Tax 11.05 (3) (b) 2. and 3. , 11.28 (3) (c) 1. a. (Example), ag., and ar., 11.32 (7) (b) and (c) and (8) (d), 11.33 (5) (b) (Example), 11.34 (3) (bg) and (br), 11.51 (3) (a) 3. to 10. and (4) (b) 3. (Example), (c) 3. (Examples) and 4. (Example), and (d) 1. b. (Examples), 11.65 (2) (L) and (4) (b) (Examples), 11.66 (2) (cm), 11.68 (4) (g), 11.83 (3) (a) (intro.) and 2. and (15), 11.84 (4) (g) to (i), 11.85 (2) (bm), 11.87 (3) (g) and (4) (b) (Examples), and 11.88(1) (bm), (3) (c), and (4m); relating to sales and use tax law changes made by 2011 Wisconsin Act 32 and other legislation. Effective 9-1-12.

Summary of Final Regulatory Flexibility Analysis

This rule order does not affect small businesses.

Summary of Comments of Legislative Standing Committees

No comments were reported.

Safety and Professional Services —
Cemetery Board

CR 12-021

The Cemetery Board proposes an order to repeal Chapters SPS 52 to 54 ; and to create Chapters CB 3 to 5 , relating to warehouses storing cemetery preneed merchandise, changing trustees of care or preneed trust funds, and alternative care funds investments. Effective 9-1-12.

Summary of Final Regulatory Flexibility Analysis

These proposed rules do not have an economic impact on 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 —
Physical Therapy Examining Board

CR 12-002

The Wisconsin Physical Therapy Examining Board proposes an order to repeal section PT 3.01 (7) ; to amend sections PT 1.02 (1) to (6) , 1.03 (1) (c) , 3.01 (1) , 3.01 (4) , 4.01 (4) , 8.05 (intro.) , and 9.01 ; to repeal and recreate section PT 1.01 ; and to create sections PT 2.001 , 2.01 (1) (j) , 3.001 , 3.02 , 4.001 , 5.001 , 6.001 , 9.02 (1m) and (5) , relating to licensure, examinations, temporary licenses, locum tenens license, referrals, and continuing education. Effective 9-1-12.

Summary of Final Regulatory Flexibility Analysis

This rule will have no effect on small business as it is defined in s. 227.114 (1) , Stats.

Summary of Comments of Legislative Standing Committees

No comments were reported.

Safety and Professional Services

Safety, Buildings, and Environment, General Part II, Chs. SPS 326-360

CR 12-008

The Wisconsin Department of Safety and Professional Services proposes an order to revise Chapter SPS 333 , relating to passenger ropeways and affecting small business. Effective 9-1-12.

Summary of Final Regulatory Flexibility Analysis

These proposed rules will have an economic impact on small businesses, as defined in s. 227.114 (1) , Stats., and have been submitted to the Small Business Regulatory Review Board for a determination on whether the rules will have a significant economic impact on a substantial number of small businesses.

Summary of Comments of Legislative Standing Committees

No comments were reported.