- Summary of Effect on Small BusinessThis rule will have a positive impact on businesses in Wisconsin. Currently, Wisconsin businesses may receive and process molluscan shellfish from out of state, but may only sell these products within Wisconsin. This rule will allow Wisconsin businesses to expand their markets for shellfish by allowing them to process and sell molluscan shellfish in interstate commerce. In addition, this rule may provide an incentive to large wholesalers that operate in Iowa, Minnesota, and the Dakotas to locate molluscan shellfish processing operations in Wisconsin.The implementation costs for businesses to participate in this program are expected to be minimal. The provisions of this rule are consistent with general facility and sanitation standards that food processors must already meet. Businesses that choose to participate in the program would not need to extensively modify existing facilities or implement unusually burdensome recordkeeping. Participation in the program is voluntary and only businesses that choose to sell molluscan shellfish in interstate commerce would be required to meet the requirements. There will be no additional licensing fees beyond those already required for a food processing plant license.This rule will primarily benefit large businesses that provide wholesale food products to retail food establishment, restaurants, and other wholesale food industries nationwide. Small businesses are unlikely to participate in this program, with current regulations allowing them to receive and sell molluscan shellfish in their local market areas. Any business, regardless of size, that sells molluscan shellfish products in interstate commerce must meet NSSP requirements. A small business that chooses to participate in the program is expected to be able to easily meet program requirements. In addition, DATCP would also provide support and guidance to any small business interested in participation to ensure they meet Hazard Analysis Critical Control Points (HACCP) and other regulatory requirements.Summary of Comments from Legislative CommitteesOn January 29, 2013, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Assembly Committee on Agriculture and the Senate Committee on Energy, Consumer Protection, and Government Reform. Neither committee took action. The Senate referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on March 4, 2013, and the Assembly referred it to JCRAR on March 11, 2013. JCRAR took no action on the rule.Agriculture, Trade and Consumer Protection(DATCP Docket # 11-R-10)The Wisconsin Department of Agriculture, Trade, and Consumer Protection adopts an order to amend sections ATCP 55.02 (24) , 55.04 (title), (2) (title) , (a) , and (b) , and (6) , and section 55.07 (1) (a) (intro.) , (2) (a) (intro.) , and (3) (a) (intro.) ; and to create sections ATCP 55.02 (4m) , 55.03 (2) (f) , 55.04 (1m) , 55.06 (5) (j) , and 55.07 (1) (c) , (2) (d) , and (3) (c) , relating to allowing certain selected Wisconsin state-inspected meat establishments to sell meat and meat products in other states and affecting small business. Effective 6-1-13.Summary of Effect on Small BusinessThis rule will have a positive impact on very small state-inspected meat and poultry establishments that choose to participate and are selected for the program. The department estimates 17 establishments will participate in the program in the first year of its operation. Participation in the CIS program will allow these state-inspected meat and poultry establishments to expand their markets from only Wisconsin to all fifty states. USDA expects establishments to incur a one-time start-up cost associated with filing an application, training employees, meeting regulatory performance standards, obtaining label approval, and implementing a food safety program. Furthermore, some state-inspected establishments may need to make structural modifications to their facilities to comply with all federal requirements. The department anticipates costs associated with these activities to be minimal and likely to be offset by increased sales in a larger market area.Wisconsin will not be able to provide flexibility to small businesses in complying with federal regulations. By complying with state regulations under a program deemed to be "at least equal to" the federal program, these businesses are essentially meeting most of the federal regulations the state program will adopt in administering a program deemed to be the "same as" the federal program. Small and very small meat and poultry establishments (as defined by USDA) in Wisconsin that choose to operate under federal inspection are already complying with the federal regulations. In addition, the CIS program is voluntary and no state-inspected meat or poultry business will be required to participate.Summary of Comments from Legislative CommitteesThe legislature received the rule for legislative review from DATCP on January 7, 2013. The rule was assigned to the Assembly Committee on Agriculture and the Senate Committee on Agriculture, Small Business and Tourism. Neither committee took action. The Senate referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on February 15, 2013, and the Assembly referred it to JCRAR on February 26, 2013. JCRAR also took no action on the rule.Agriculture, Trade and Consumer Protection(DATCP Docket # 12-R-03)The Wisconsin department of Agriculture, Trade and Consumer Protection adopts the following rule to repeal section ATCP 1.42 (2) (a) , (e) , (f) , (g) , (h) , and (L) ; to repeal and recreate section ATCP 1.41 ; and to create section ATCP 1.42 (1) (c) ; relating to discretion in enforcement of rule violations by small businesses and affecting small business. Effective 6-1-13.Summary of Effect on Small BusinessThis rule will not increase any costs for businesses. The rule may produce an economic benefit for small businesses that commit minor violations of DATCP regulations when discretion is exercised to forego formal sanctions or to seek reduced sanctions.Accommodation for Small BusinessThe purpose of this rule is to accommodate the particular needs of small business by authorizing DATCP to forego formal sanctions or to seek reduced sanctions when a minor violation of department rules has been committed by a small business.ConclusionThis rule will generally benefit "small businesses." This rule will not have a significant adverse effect on "small business," and is not subject to the delayed "small business" effective date provided in s. 227.22 (2) (e) , Stats.Summary of Comments from Legislative CommitteesOn January 29, 2013, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Assembly Committee on Small Business Development and the Senate Committee on Agriculture, Small Business and Tourism. Neither committee took action. The Senate and Assembly referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on March 11, 2013. JCRAR took no action on the rule.Children and FamiliesSafety and Permanence, Chs. 35—59The Wisconsin Department of Children and Families proposes to create Chapter DCF 55 , relating to subsidized guardianship. Effective 6-1-13.Summary of Effect on Small Business and Analysis Used to Determine Effect on Small BusinessThe rules will not affect small businesses.The rules will affect children in out-of-home care, relatives of children in out-of-home care, tribes, and county departments of social or human services.Summary of Comments from Legislative CommitteesNo comments were reported.Employee Trust FundsAn order to revise section ETF 10.10 , relating to elections to the Employee Trust Funds and Teachers Retirement Board. Effective 6-1-13.Summary of Effect on Small BusinessThere is no effect on small business.Summary of Comments from Legislative CommitteesNo comments were reported.Financial Institutions, Division of BankingThe Department of Financial Institutions, Division of Banking adopts an order to create Chapter DFI-Bkg 78 , relating to auto title loans. Effective 6-1-13.Summary of Effect on Small Business and Final Regulatory Flexibility AnalysisThe proposed rule will require auto title lenders to spend time researching the value of a vehicle using nationally recognized vehicle valuation guides (Black Book, National Automobile Dealer's Association, and Kelley's Blue Book, or any other nationally recognized vehicle valuation guide approved by DFI). Such guides are readily available both online and in print, and require minimal time and minimal, if any, expense.As a result, the effect on small business will be minimal.Summary of Comments from Legislative CommitteesNo comments were reported.Financial Institutions, Division of BankingThe Department of Financial Institutions, Division of Banking adopts an order to repeal sections DFI-Bkg 75.02 (1) and (2) , and 75.10 (6) ; amend sections DFI-Bkg 75.01 (3) , 75.02 (intro) , 75.03 (3) and (3) (c) , 75.05 (4) , 75.06 (2) , 75.07 (a), 75.08 (4) and (4) (b) , and 75.10 (3) (a) 3. ; repeal and recreate section DFI-Bkg 75.08 (1) ; and create sections DFI-Bkg 75.01 (9) , 75.03 (5) , (6) , and (7) , 75.06 (5) , and 75.08 (d), relating to payday lending. Effective 6-1-13.Summary of Effect on Small Business and Final Regulatory Flexibility AnalysisThe proposed rule may require payday lenders to make minor changes to websites and/or forms. The agency's experience in making similar changes to DFI's website or forms indicates that the cost of making such changes is minimal.Summary of Comments from Legislative CommitteesNo comments were reported.Health ServicesHealth, Chs. 110—199A rule to create section DHS 115.05 (3) , relating to a fee for screening newborns for congenital and metabolic disorders and other services. Effective 6-1-13.Final Regulatory Flexibility Analysis or SummaryThe $109 fee in this proposed order will not have an impact on businesses, including small businesses, because the fee is unchanged since it was initially imposed by the WSLH in 2010. This proposed order only codifies the existing fee amount of $109 in administrative rule. The rule does not include any requirements, including reporting requirements, schedules or deadlines for compliance, performance standards, other measures or costs from which the department can exempt small businesses. It would be contrary to the objectives of s. 253.13 (2) Stats., to exempt small businesses from the fee required under s. 253.13 (2) , Stats. First, s. 253.13 (1) , Stats., requires attending physicians, certified nurse-midwives, and certified professional midwives to cause every infant born in Wisconsin to be screened for the congenital and metabolic disorders specified by the department by rule. Secondly, s. 253.13 (2) , Stats., requires the department to impose a fee sufficient to pay for testing provided by the WSLH and include as part of the fee amounts to fund the provision of diagnostic and counseling services, special dietary treatment as prescribed by a physician, and periodic evaluation of infant screening programs, the costs of consulting with experts under s. 253.13 (5) , Stats., the costs of administering the hearing screening program under s. 253.115 , Stats., and the costs of administering the congenital disorder program operated under s. 253.13 (2) , Stats. The $109 fee amount is based on the costs to fund the provision of testing and services required under s. 253.13 (2) , Stats.The existing fee applies to hospitals, clinics, and laboratories on behalf of hospitals, certified nurse-midwives, certified professional midwives, other birth attendants, other birth facilities, physicians, nurses, parents of newborns, insurers, the WSLH, and the Newborn Screening Program.Summary of Comments of Legislative Standing CommitteesNo comments were received.JusticeThe State of Wisconsin Department of Justice creates Chapters Jus 17 and 18 , relating to licenses authorizing persons to carry concealed weapons; concealed carry certification cards for qualified former federal law enforcement officers; the recognition by Wisconsin of concealed carry licenses issued by other states; and the certification of firearms safety and training instructors. Effective 6-1-13.Summary of Effect on Small BusinessBased on the comment and review process described above, DOJ has concluded that these permanent rules will not have a significant effect on small business. The basis of that conclusion is set forth in greater detail in the economic impact report that has been previously submitted by DOJ, pursuant to s. 227.137 , Stats. Because the proposed rules will not have a significant effect on small business, the requirements of ss. 227.114 and 227.14 (2g) are not applicable.Summary of Comments from Legislative CommitteesNo comments were reported.Natural ResourcesFish, Game, etc., Chs. 1—(DNR # FH-21-11)An order to create section NR 19.058 , relating to requiring access to wire cutters when trolling in outlying waters. Effective 6-1-13.Summary of Effects on Small BusinessThe rule would directly affect sport anglers who engage in trolling with downriggers on the Great Lakes. It is not expected to have an effect on small business.The rule will be enforced by department Conservation Wardens under the authority of chapters 23 and 29, Stats., through routine patrols, with a total citation penalty of $243.Summary of Comments from Legislative CommitteesNo comments were reported.TransportationThe Wisconsin Department of Transportation adopts an order to amend section Trans 100.02 (11m) , (12m) , and (13m) , relating to mandatory minimum liability limits for insurance policies under safety responsibility, damage judgment, and mandatory insurance laws. Effective 6-1-13.Summary of Effect on Small BusinessThe department anticipates that this regulatory change will have some fiscal effect on small business consistent with the Fiscal Estimate and Economic Impact Analysis accompanying this rule. Generally, the department anticipates that revenues to insurance companies may fall if drivers purchase less liability coverage; however, insurance companies may be required to pay out less in damage claims.The after-insurance liability of drivers who carry only the minimum required insurance can be expected to rise if the insurance coverage is inadequate to cover damages. When medical bills and collision repair bills exceed insurance coverage, the impact of these changes may be realized by providers of medical services and auto repair services. Small businesses are therefore anticipated to be affected to the extent that they are involved in either selling insurance, insuring drivers as a vicariously liable employer, providing post-accident services to minimally insured drivers, or attempting to recover damages from a minimally insured driver.Insurance industry data suggest that the new minimum limits for insurance coverage will exceed the average injury claim in Wisconsin by the year 2018. The department finds, however, that it is infeasible to implement the methods for reducing the impact of this rule on small businesses set forth in s. 227.114 (2) , Stats., because the department is required to administer ch. Trans 100 consistent with the statutory changes made in 2011 Wis. Act 14 .Summary of Comments from Legislative CommitteesNo comments were reported.
