CR_13-063 Revises Chapters ATCP 17, 21 and Appendix, 53, 60, 70, and 80, relating to various minor and technical rule changes.  

  • 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.)
    For subscription information, contact Document Sales at (608) 266-3358. (Paper publication of and subscriptions to the Wisconsin Administrative Code and the subscription service will cease January 1, 2015. The administrative code will be published on the Internet at http://legis.wisconsin.gov/rsb/code.htm . See that site or http://legis.wisconsin.gov/rsb/codenews.pdf for details.)
    Administrative Rules Published
    Administration
    An order of the Department of Administration to create Chapter Adm 93 , relating to the community development block grant program.
    Effective 5-1-14.
    Summary of Effects on Small Business
    The proposed rules will have no direct impact upon small businesses, as the State may only grant funds to units of local government.
    Summary of Comments from Legislative Committees
    No comments were reported.
    Agriculture, Trade and Consumer Protection
    (DATCP DOCKET # 13-R-02)
    An order of the Department of Agriculture, Trade and Consumer Protection to amend sections ATCP 17.01 (9) , 21.21 (1) (c) 1. , 60.01 (23m) , 60.08 (3) and (6) , 70.03 (7) (b) 1. , 80.01 (7) (c) and (27m) , and 80.24 (3) (a) 2. and (b) ; to repeal section ATCP 17.01(19) and Chapter ATCP 53 ; to repeal and recreate Chapter ATCP 21 , Appendix A ; and to create section ATCP 80.24 (3) (a) 3. ; relating to various minor and technical rule changes.
    Effective 5-1-14.
    Business Impact Analysis (Summary)
    This rule makes technical housekeeping changes that will have no effect upon small businesses.
    Comments from Legislative Committees (Summary)
    On December 19, 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 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 February 21, 2014 and the Senate referred it to JCRAR on January 30, 2014 JCRAR took no action on the rule.
    Public Instruction
    An order of the State Superintendent of Public Instruction to repeal Chapter PI 29 , relating to grants for preschool through grade 5 programs.
    Effective 5-1-14.
    Effect on Small Business
    The proposed rules will have no economic impact on small businesses, as defined in s. 227.114 (1) , Stats.
    Summary of Comments from Legislative Committees
    No comments were reported.
    Public Instruction
    An order of the State Superintendent of Public Instruction to repeal Chapter PI 31 , relating to grants for STEM programs.
    Effective 5-1-14.
    Effect on Small Business
    The proposed rules will have no economic impact on small businesses, as defined in s. 227.114 (1) , Stats.
    Summary of Comments from Legislative Committees
    No comments were reported.
    Public Instruction
    An order of the State Superintendent of Public Instruction to repeal Chapter PI 33 , relating to grants for nursing services.
    Effective 5-1-14.
    Effect on Small Business
    The proposed rules will have no economic impact on small businesses, as defined in s. 227.114 (1) , Stats.
    Summary of Comments from Legislative Committees
    No comments were reported.
    Public Instruction
    An order of the State Superintendent of Public Instruction to amend section PI 34.35 (1) (c) , relating to the definition of immoral conduct.
    Effective 5-1-14.
    Effect on Small Business
    The proposed rules will have no economic impact on small businesses, as defined in s. 227.114 (1) (a) , Stats.
    Summary of Comments from Legislative Committees
    No comments were reported.
    Public Service Commission
    (PSC DOCKET # 1-AC-237)
    An order of the Public Service Commission to renumber section PSC 118.02 (6g) (a) to (e) ; to renumber and amend sections PSC 118.01 (1) , 118.02 (6g) (intro.) , and 118.03 (3) ; to amend sections PSC 118.02 (1m) and (5) , 118.03 (2) (intro.) and (c) , 118.04 (1m) (c) , (4) , and (5) , 118.055 (title), (1) , (2) (intro.) to (b) , (e) and (f) , and (3) to (5) , 118.06 (2) (b) , (c) 1. , (cm) (intro.) and 1. , (d) 1m. , (em) , and (5) , 118.09 (1) to (7) ; and to create sections PSC 118.01 (3) , 118.03 (3) (b) and (5) , 118.04 (2) (fm) , and 118.08 (3) and (4) , relating to renewable resource credits.
    Effective 5-1-15.
    Final Regulatory Flexibility Analysis
    This rule will not affect small businesses. The s. 227.114 (12) , Stats., definition of "small business" states that to be considered a small business, the business must not be dominant in its field. Since electric utilities are monopolies in their service territories, they are dominant in their fields and, so, are not small businesses.
    Comments
    No committee comments were reported.
    Revenue
    An order of the Department of Revenue to amend sections Tax 2.61 (7) (a) 4. , (b) 4. , and (g) (intro.) and 1. , 2.62 (2) (d) 1. , and 2.64 (2) (a) , (b) 7. , (c) , and (e) 3. , and create section Tax 2.465 , relating to apportionment of apportionable income of interstate air freight forwarders affiliated with a direct air carrier.
    Effective 5-1-14 .
    Effect on Small Business
    This rule order does not affect small business.
    No comments were reported.
    Safety and Professional Services
    Professional Services, Chs. SPS 1—299
    An order of the Wisconsin Department of Safety and Professional Services to amend sections SPS 1.08 (2) , 2.10 (1) , and 8.03 (3) , relating to hearings, injunctions, and warnings.
    Effective 5-1-14.
    Effect on Small Business
    These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1) , Stats.
    Comments
    No comments were reported.
    Safety and Professional Services —
    Medical Examining Board
    An order of the Medical Examining Board to amend section Med 1.02 (2) , relating to copy of diploma requirement.
    Effective 5-1-14.
    Effect on Small Business
    These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1) , Stats.
    Comments
    No comments were reported.
    Safety and Professional Services —
    Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
    An order of the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board to repeal and recreate sections MPSW 10.01 (6) and 14.01 , relating to education.
    Effective 9-1-18. (Publication 4-30-14)
    Effect on Small Business
    These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1) , Stats.
    Comments
    No comments were reported.
    Safety and Professional Services —
    Veterinary Examining Board
    An order of the Veterinary Examining Board to repeal sections VE 1.02 (9) and 7.02 (3) (d) ; to renumber section VE 1.02 (10m) , (11m) , and (12) ; to renumber and amend section VE 1.02 (10) ; to amend sections VE 1.02 (3) , 7.01 (1) , 7.02 (3) (a) , (4)(c) , and (8) (c) , and 7.03 (1) ; to repeal and recreate section VE 7.03 (2) (a) to (r) , and (3) (a) to (k) ; and to create sections VE 1.02 (3m) , 7.03 (4) , 7.06 (24) , (25) , and (26) , and 9.05 (13) , relating to standards of practice and unprofessional conduct of veterinarians and certified veterinary technicians.
    Effective 5-1-14.
    Effect on Small Business
    This rule will not have an economic impact on small businesses, as defined in s. 227.114 (1) , Stats.
    Comments
    No comments were reported.
    Safety and Professional Services —
    Veterinary Examining Board
    An order of the Veterinary Examining Board to repeal sections VE 2.04 and 3.05 (1) (a) ; to renumber section VE 5.03 (1) (e) ; to renumber and amend section VE 3.05 (1) (b) ; to amend sections VE 2.01 (2) , 3.01(2) , 3.05 (5) (b) , and 4.01 (2) (a) and (3) ; and to create section VE 5.03 (1) (b) , relating to licensure, temporary permits, and examinations.
    Effective 5-1-14.
    Effect on Small Business
    These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1) , Stats.
    Comments
    No comments were reported.
    Workforce Development
    Unemployment Insurance, Chs. 100—150
    An order of the Department of Workforce Development to revise Chapters DWD 126 , 127 , and 129 , relating to unemployment insurance work registration, work search, and benefit claiming procedures.
    Effective 5-1-14, except the treatments of DWD 126.03 and 127.02 will take effect when the Secretary determines the department has the technological ability to implement the changes.
    Effect on Small Business (Summary)
    This rule does not place any new requirements on small business but is expected to benefit all employers, including small businesses. First, the amendments are projected to result in more unemployment insurance claimants finding employment faster. As a result, unemployed individuals will be collecting unemployment insurance benefits for a shorter duration and there will be fewer charges to employers' unemployment insurance accounts. This will help reduce employers' unemployment insurance tax. Second, more unemployed individuals will be required to seek employment and DWD will be better able to assist unemployed individuals find appropriate jobs. Consequently, when hiring employees businesses will likely experience an increase in qualified applicants.
    Legislative Comments
    No comments were reported.
    Workforce Development
    Employment and Training, Chs. 801—830
    An order of the Department of Workforce Development to create Chapter DWD 801 , relating to workforce training grants under the Wisconsin fast forward program.
    Effective 5-1-14.
    Effect on Small Business
    The proposed rule has no effect on a small business that does not apply for a workforce training grant. Any business that chooses to apply for a grant, with or without partners, will have to comply with the administration and reporting requirements of the rule and the grant agreement.
    Summary of Comments By Legislative Review Committees
    In response to comments from Representative Loudenbeck, DWD submitted modified language to ss. DWD 801.08 (4) and 801.09 (4) to clarify that that those provisions, relating to expenditures and ownership, apply to instructional materials, software, and equipment.
    Legislative Acts Modifying or Repealing Rules
    Accounting Examining Board
    2013 Wisconsin Act 210 , Sections 16 to 21
    2013 Wisconsin Act 210 revises Chapters Accy 1 and 9 , relating to rule-making procedures, practice standards for certified public accountants, and eligibility requirements to sit for the licensure examination for certified public accountants.
    Effective 5-1-14.
    Veterans Affairs
    2013 Wisconsin Act 189 (entire act)
    2013 Wisconsin Act 189 revises Chapters VA 1 to 9 , 12 to 15 , and 17 , relating to powers and duties of the board of veterans affairs; reimbursement of veterans' tuition at tribal colleges; documentation for eligibility to veterans homes; operation of veterans homes; eligibility and procedural requirements for veterans home loans, veterans personal loans, county veterans service grants, and American Indian veterans grants; and funeral honors, burial, and disinterment of veterans.
    Effective 5-1-14.