Rules Published with this Register and Final Regulatory Flexibility Analyses and
Repeals and Modifications of Rules by Legislative Acts
The following administrative rule orders and legislative acts that repeal or modify rule have been adopted or enacted and the changes, additions, and deletions to the Wisconsin Administrative Code contained in these rules and acts have been incorporated into the affected chapters of the Administrative Code. The affected chapters are published in this edition of the Wisconsin Administrative Register. (see sections 35.93 and 227.265, Wis. Stats.)
Administrative Rules Published
Agriculture, Trade and Consumer Protection
(DATCP DOCKET # 13-R-01)
An order of the Department of Agriculture, Trade and Consumer Protection to revise Chapters
ATCP 10
and
12
, relating to animal disease control, animal movement, and animal markets, dealers, and truckers.
Effective 6-1-14.
Summary of Effects on Small Business
The majority of these rule modifications are technical and have no fiscal effect or have already been implemented by the division due to prior changes in state law. Many of the rule modifications will ease program requirements and may reduce costs to small business. The rule modifications that may have a greater economic impact on small business are changes required to align with federal USDA regulations relating to farm-raised deer enrolled in the CWD herd status program.
Summary of Comments from Legislative Committees
On December 10, 2013, the Legislature officially received the above-referenced rule which the DATCP Secretary previously signed and submitted on December 9, 2013, pursuant to s.
227.19
, Stats. The rule was approved by the Governor on November 27, 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 Assembly referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on January 27, 2014 and the Senate referred it to JCRAR on January 17, 2014. JCRAR took no action on the rule.
Agriculture, Trade and Consumer Protection
(DATCP DOCKET # 12-R-08)
An order of the Department of Agriculture, Trade and Consumer Protection to revise Chapters
ATCP 110
and
111
, relating to home improvement practices and basement waterproofing practices.
Effective 6-1-14.
Summary of Effects on Small Business
DATCP anticipates that this rule would affect small business. The existing ch.
ATCP 110
regulates businesses that provide home improvement services. Many of these businesses are "small businesses." They include general contractors, landscapers, plumbers, roofers, window installers, cabinet makers, electricians, and many more. Some of changes to ch.
ATCP 110
proposed in this rule will have an effect on some of these businesses. However, DATCP anticipates that those effects will be beneficial. The proposed rule streamlines existing regulations to make them easier for home improvement providers to comply. But the rule does not eliminate these regulations, thereby preserving important protections for consumers. This rule may benefit home improvement contractors in the following ways:
•
General contractors working on significant reconstruction projects would no longer be regulated under this proposed rule. Currently, ch.
ATCP 110
does not regulate new home construction but it does regulate home improvement projects. Under this proposal, major reconstructions — those projects where the price of the contract is greater than the assessed value of the preexisting structure — would be treated like new home construction.
•
For all home improvement contractors, this rule provides some additional flexibility (as long as certain conditions are met). Including:
•
Building permits need only be obtained before work on that portion of the project concerning the building permit. Otherwise, all required building permits must be obtained before any work is completed.
•
Sellers can provide written manufacturers' warranties at the conclusion of the work. Otherwise, written manufacturers' warranties must be provided at the time the product is installed.
•
Under very limited circumstances, sellers can deviate from the written contract based on verbal agreements between the buyer and the seller.
•
The seller cannot be held responsible for delays in contract performance if the seller can demonstrate that delay was caused by actions or inactions of the buyer, destructive acts of nature, or disruptive civil disorder.
Summary of Comments from Legislative Committees
On December 10, 2014, DATCP transmitted the above rule for legislative committee review. The rule was assigned to the Assembly Committee on Consumer Protection 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 January 17, 2014 and the Assembly referred it to JCRAR on January 27, 2014. JCRAR took no action on the rule.
Natural Resources
Fish, Game, etc., Chs. 1—
(DNR # WM-06-13)
Effective 4-1-14
Summary of Effects on Small Business
These rules are applicable to individual sportspersons and impose no compliance or reporting requirements for small businesses, and no design or operational standards are contained in the rule. Because this rule does not add any regulatory requirements for small businesses, the proposed rules will not have an economic impact on a substantial number of small businesses under s.
227.24 (3m)
, Stats.
Summary of Comments from Legislative Committees
No comments were reported.
Natural Resources
Fish, Game, etc., Chs. 1—
Environmental Protection — General, Chs. 100—
Environmental Protection —Water, Chs. 300—
Environmental Protection —Air Pollution, Chs. 400—
Environmental Protection — Solid Waste, Chs. 500—
Environmental Protection—Hazardous Waste, Chs. 600—
Environmental Protection —Water Supply, Chs. 800—
(DNR # OE-46-10)
An order of the Wisconsin Natural Resources Board to repeal sections
NR 2.085 (4)
,
2.14 (7)
,
300.03 (5)
,
300.05 (4)
,
305.03 (5)
,
305.06 (3m)
,
345.04 (2) (e)
6, and
345.04 (2) (g) 2.
; to amend sections
NR 2.085 (3)
,
2.157
(title),
2.157 (intro)
,
2.157 (1)
,
19.01 (5)
,
44.04 (8) (b)
,
51.002
,
51.85 (4)
,
108.04 (3) (b)
,
110.09 (3)
,
110.10 (1) (L)
,
110.11 (1) (g)
,
126.07 (2) (j)
,
134.09 (2)
,
166.07 (1) (a) 3.
,
191.05 (5)
,
310.14 (4) (b)
,
327.04 (4)
,
410.02 (3)
,
410.03 (2) (i)
and
(3) (a) 2.
,
512.16
,
670.409 (1) (c)
,
820.29 (1)
,
820.29 (2)
,
820.30 (2) (a)
,
(3) (a)
, and
(4) (b)
and
(c)
,
820.31 (4) (b)
and
(c)
, and
820.32 (2)
, and
(3)
; and to repeal and recreate Chapter
NR 150
, relating to the department's environmental analysis and review procedures under the Wisconsin Environmental Policy Act.
Effective 4-1-14.
Final Regulatory Flexibility Analysis
This rule describes the environmental analysis review procedures to be implemented by the Department. This is not a regulatory program and the department does not expect any impact on small businesses. As a result it is unnecessary to conduct a regulatory flexibility analysis.
Summary of Comments from Legislative Committees
No comments were reported.
Safety and Professional Services —
Podiatry Affiliated Credentialing Board
An order of the Podiatry Affiliated Credentialing Board to amend section
Pod 1.08 (5)
and to create sections
Pod 3.02 (4)
and
3.03 (3)
, relating to temporary educational license and continuing education.
Effective 4-1-14
Summary of Effects on Small Business
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats.
Summary of Comments from Legislative Committees
No comments were reported.
Legislative Acts Modifying or Repealing Rules
Financial Institutions — Banking, Credit Unions, Savings Banks, and Savings and Loan
2013 Wisconsin Act 136
revises Chapters
DFI-Bkg 10
,
14
,
40
,
41
,
46
,
73
,
74
, and
76
,
DFI-CU 63
,
DFI-SB 12
, and
DFI-SL 12
, relating to modifying and repealing various rules promulgated by the Department of Financial Institutions.
Effective 4-1-14.
