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
Administration
An order of the Wisconsin Department of Administration to repeal section
Adm 2.14 (2) (v) 9.c.
; to renumber section
Adm 2.14 (2) (v) 1.
to
4.
and
6.
to
9. (intro.)
; to renumber and amend section
Adm 2.14 (2) (v) 5.
and
9. a.
and
b.
; to amend sections
Adm 2.02 (1) (a)
,
2.04 (1) (intro)
,
(2)
,
(3)
,
(5)
, and
(7)
,
2.07 (2)
,
2.08 (1) (intro.)
and
(d)
,
2.11
, and
2.14 (2) (intro.)
,
(e)
, and
(v) (intro.)
; and to create sections
Adm 2.03 (3m)
,
(3r)
, and
(6m)
,
2.04 (1m)
,
(2m)
,
(2r)
,
(2z)
,
(9)
, and
(10)
, and
2.14 (2) (fm)
and
(vm) (intro.)
, relating to the use of state buildings and facilities.
Effective 8-1-14.
Effect on Small Business
The proposed rule changes will have no impact upon small businesses.
Summary of Comments
No comments were reported.
Agriculture, Trade and Consumer Protection
An order of the Department of Agriculture, Trade and Consumer Protection (DATCP) to revise Chapter
ATCP 82
, relating to bulk milk collection, sampling, and transportation.
Effective 8-1-14.
Business Impact Analysis (Summary)
This rule will impact dairy producers, dairy plants, and companies that operate bulk milk tankers, many of which may be small businesses. Milk is shipped from each of Wisconsin's 10,900 licensed dairy farms in a licensed bulk milk tanker (approximately 4,000 in Wisconsin) to one of more than 400 licensed dairy plants in the state or to a dairy plant in another state.
The rule allows, but does not require, partial collection of milk from bulk tanks under certain conditions. Partial collection of milk will provide industry with the flexibility they need to manage milk collection from farms more efficiently. The rule clarifies and strengthens reciprocity requirements with other states for bulk milk tanker Grade "A" permits and establishes a certified industry inspection program for bulk milk tankers. In order to deliver Grade "A" milk and milk products, bulk milk tankers must hold a Grade "A" permit and tankers must demonstrate that within the past year the tanker passed an inspection. The rule will better ensure that bulk milk tankers are inspected in a timely manner. Other changes are designed to modernize the rule and further align it with the Food and Drug Administration's (FDA's) 2011 Pasteurized Milk Ordinance (PMO).
The rule does not substantially alter requirements dairy-related businesses already meet and does not increase license or permit fees. Some dairy producers who choose to voluntarily allow partial collections of milk from their bulk milk tanks and who own older tanks may incur costs because they would be required to purchase a 7-day temperature recording device to meet requirements of this rule. However, producers may offset some costs through reduced water and chemical use for bulk tank cleaning and sanitizing.
Comments from Legislative Committees (Summary)
On March 12, 2014, DATCP transmitted the above rule for legislative committee review. The rule was referred to the Senate Committee on Agriculture, Small Business and Tourism, and the Assembly Committee on Consumer Protection. Neither committee took action on the rule. The Senate referred the rule to the Joint Committee for Review of Administrative Rules (JCRAR) on April 21, 2014 and the Assembly referred the rule to JCRAR on April 29, 2014. JCRAR took no action on the rule.
Natural Resources
Environmental Protection — Air Pollution Control,
Chs. NR 400—
(DNR # AM-21-12)
Effective 8-1-14.
Final Regulatory Flexibility Analysis
The proposed rule will not have an impact on small businesses because they are addressing USEPA identified SIP deficiencies by aligning rules to current practice.
Summary of Comments
No comments were reported.
Natural Resources
Environmental Protection — Air Pollution Control,
Chs. NR 400—
(DNR # AM-19-13)
Effective 8-1-14.
Final Regulatory Flexibility Analysis
The proposed rule will only affect electric utilities generating electricity and will not affect small businesses. Therefore, a final regulatory flexibility analysis was not required or prepared.
Summary of Comments
No comments were reported.
Public Instruction
An order of the Department of Public Instruction to amend section
PI 25.05 (1) (intro)
, relating to the children at risk plan and program.
Effective 8-1-14.
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
No comments were reported.
Public Instruction
An order of the Department of Public Instruction to repeal Chapter
PI 42
, relating to the school breakfast program.
Effective 8-1-14.
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
No comments were reported.
Safety and Professional Services — Controlled Substances Board
An order of the Controlled Substances Board to create section
CSB 3.045
, relating to granting a limited special use authorization and denial of a special use authorization.
Effective 8-1-14.
Effect on Small Business
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats.
Summary of Comments
No comments were reported.
Safety and Professional Services — Board of Nursing
An order of the Board of Nursing to repeal section
N 7.04
, amend section
N 7.01 (2)
, repeal and recreate section
N 7.03
, and create section
N 7.02 (1m)
, relating to code of conduct.
Effective 8-1-14.
Effect on Small Business
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department's Regulatory Review Coordinator may be contacted by email at
Tom.Engels@wisconsin.gov
, or by calling (608) 266-8608.
Summary of Comments
No comments were reported.
Safety and Professional Services — Board of Nursing
An order of the Board of Nursing to create Chapter
N 9
, relating to the nurse licensure compact.
Effective 8-1-14.
Effect on Small Business
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats.
Summary of Comments
No comments were reported.
Safety and Professional Services — Board of Nursing
An order of the Board of Nursing to repeal and recreate Chapters
N 2
and
3
, relating to nurse licensure and examining councils.
Effective 8-1-14.
Effect on Small Business
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department's Regulatory Review Coordinator may be contacted by email at
Tom.Engels@wisconsin.gov
, or by calling (608) 266-8608.
Summary of Comments
No comments were reported.
Safety and Professional Services — Board of Nursing
An order of the Board of Nursing to repeal and recreate Chapter
N 1
, relating to school approval.
Effective 8-1-14.
Effect on Small Business
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department's Regulatory Review Coordinator may be contacted by email at
Tom.Engels@wisconsin.gov
, or by calling (608) 266-8608.
Summary of Comments
No comments were reported.
Transportation
An order of the Wisconsin Department of Transportation to repeal sections
Trans 254.10 (5)
and
255.10 (5)
; to amend sections
Trans 254.03 (2) (a)
,
254.11 (1)
,
(2) (intro.)
,
(3) (intro.)
and
(b)
, and
(4) (intro.)
,
254.12 (2)
,
254.16 (1)
and
(2)
,
255.03 (2) (a)
,
255.11 (1)
,
(2) (intro.)
, and
(3) (intro.)
and
(b)
, and
255.12 (2)
; to create sections
Trans 254.02 (2) (c)
and
(note)
,
254.03 (1m)
,
254.11 (4) (c)
and
(4a) (note)
,
255.02 (2) (c)
and
(note)
,
255.03 (1m)
,
(2) (c)
and
(note)
, and
255.11 (4) (c)
and
(4a) (note)
; to repeal and recreate sections
Trans 254.03 (2) (c)
and
(3) (note)
and
254.11(2) (a)
,
(b)
,
(c)
, and
(d)
, and
(4) (a)
and
(b)
; and to renumber and amend section
Trans 255.11(4)
, relating to single and multiple trip permits for oversize or overweight vehicles or loads and affecting small businesses.
Effective 8-1-14.
Effect on Small Business
This rule generally relaxes restrictions in the following ways:
1.
It reduces the hours and days during which oversize vehicles are prohibited from operation on state highways under a permit.
2.
It increases vehicle size allowed under the permits.
3.
It expands use of the Milwaukee County Expressway System.
The department anticipates this rule will reduce costs to motor carriers, including those that are small businesses, by increasing the hours during which oversize vehicles and loads may be transported under a permit, by allowing the transportation of longer loads under the permits, and by shortening trip length and time, particularly in Milwaukee County.
The rule will not change the manner in which applicants obtain permits for oversize vehicles or loads from WisDOT.
Summary of Comments
No comments were reported.
Workforce Development
Unemployment Insurance, Chs. 100—150
An order of the Department of Workforce Development to repeal sections
DWD 111.07
and
132.03
; to renumber section
DWD 140.001 (2) (a)
; to amend sections
DWD 113.01 (1) (intro.)
,
115.07 (2) (a)
, and
140.001 (1)
and
(2) (intro.)
; and to create sections
DWD 113.01 (1) (c)
,
113.025
, ch.
DWD 114
,
140.001 (2) (ag)
and
(am)
, and
140.22
, relating to quarterly wage reporting, settlement of disputes and compromise of liabilities, license revocation and financial record matching, business transfers, determining eligibility of benefits, unemployment insurance appeals, and small business.
Effective 8-1-14.
Effect on Small Business (Summary)
This rule will have a positive impact on employers by allowing DWD flexibility in resolving issues encountered by employers within the unemployment insurance (UI) system due to inadvertent mistakes. The rule modifications will ease program requirements and likely reduce costs for small businesses. The small businesses that may be affected by this rule include small businesses that are delinquent in paying UI taxes and small businesses that are involved in UI administrative appeals.
Legislative Comments
No comments were reported.
