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Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the April 30, 2003, 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 02-113)
An order affecting chs. ATCP 98 to 101, relating to agricultural producer security. Effective 5-1-03.
Summary of Final Regulatory Flexibility Analysis
Agricultural Producers (farmers)
This rule will benefit agricultural producers by improving and clarifying the producer security program. Contractors will be required to disclose their status in the fund to producers. This will help producers evaluate the risks of doing business with certain contractors.
Grain Dealers
This rule will benefit some grain dealers by allowing them to make certain liability adjustments when calculating their debt to equity ratios for purposes of ch. 126, Stats. This could reduce fund assessments for some grain dealers.
Some grain dealers may incur additional accounting costs in order to comply with financial statement disclosure requirements in this rule. However, these requirements are needed for effective implementation of the agricultural producer security law.
Grain Warehouse Keepers
This rule will benefit some grain warehouse keepers, by allowing them to make certain liability adjustments when calculating their debt to equity ratio for purposes of ch. 126, Stats. This could reduce fund assessments for some warehouse keepers.
Some grain warehouse keepers may incur additional accounting costs in order to comply with the financial statement disclosure requirements. However, these requirements are needed for effective implementation of the agricultural producer security law.
Milk Contractors
This rule will benefit cheesemakers who provide “custom processing" services to milk producers. “Custom processors" are typically small businesses that make cheese and other dairy products from producer milk but do not take title to the milk. This rule clarifies that the Agricultural Producer Security Law does not apply to cheesemakers who are solely engaged in “custom processing".
Cheesemakers that specialize in “aged cheese" will also benefit from this rule. The rule allows them to deduct liabilities (such as bank loans) incurred in order to hold aged cheese in inventory. This could reduce fund assessments for cheesemakers making aged cheese.
This rule will impose some additional financial statement disclosure requirements on milk contractors. This may lead to some increased accounting costs. However, these requirements are needed for the effective implementation of the agricultural producer security law.
Finally, this rule spells out minimum requirements for milk contractors who wish to qualify as producer agents. These requirements are no more burdensome than what is required under current law.
Vegetable Contractors
This rule will impose some additional financial statement disclosure requirements on vegetable contractors. This may lead to some increased accounting costs. However, these requirements are needed for the effective implementation of the agricultural producer security law.
Summary of Comments of Legislative Standing Committees
On January 30, 2003, 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, Financial Institutions and Insurance. Neither Committee took any action on the rule during the review period.
Commerce
(CR 02-002)
An order affecting chs. Comm 2, 34, 81, 82, 84 and 90, relating to the Wisconsin Uniform Plumbing Code; Fees; Amusement Rides; and Design and Construction of Public Swimming Pools. Effective 5-1-03.
Summary of Final Regulatory Flexibility Analysis
In response to comments from small businesses the rule revisions now include:
Creation of a stormwater infiltration fee, and the plan review for cross connection control device was eliminated and replaced by requiring registration.
Inspection for pool construction by Commerce vs. DHFS, the agency that previously conducted these inspections.
Allowance of approval of alternative standards.
Performance standards for wastewater reuse or stormwater use, clarification of stormwater discharge points.
Clarification of several drain waste and vent requirements.
The proposal to eliminate the water quality management (WQM) letter was raised by the HCA of Wisconsin; the agency deleted this proposed change from the draft.
Pool designers and contractors voiced concerns that the pool construction inspection may delay inspections and require additional time spent on the site with enforcement staff. The agency believes the inspection will circumvent problems prior to DHFS licensure.
Summary of Comments of Legislative Standing Committees
No comments were received.
Commerce
(CR 02-072)
An order affecting ch. Comm 16, relating to electrical construction. Effective 5-1-03.
Summary of Final Regulatory Flexibility Analysis
Sections 101.63 (1), 101.73 (1) and 101.82, Stats., direct the Department to promulgate rules for the construction and inspection of electrical construction in dwellings, public buildings and places of employment. The proposed rules of Clearinghouse Rule No. 02-072 are minimum requirements to meet the directives of the Statutes, and any exceptions from compliance for small businesses would be contrary to the Statutory objectives which are the basis for the rules.
Summary of Comments of Legislative Standing Committees
No comments were received.
Corrections
(CR 02-123)
An order affecting ch. DOC 316, relating to medical, dental and nursing copayment charge. Effective 5-1-03.
Summary of Final Regulatory Flexibility Analysis
These proposed rules do not affect small businesses.
Summary of Comments of Legislative Standing Committees
No comments were received.
Educational Approval Board
(CR 02-135)
An order affecting chs. EAB 1, 3, 4, 7, 8, 10 and 11, relating to the regulation of for-profit postsecondary schools; out-of-state, non-profit colleges and universities; and in-state, non-profit institutions incorporated after 1991. Effective 5-1-03.
Summary of Final Regulatory Flexibility Analysis
These proposed rules do not affect small businesses.
Summary of Comments of Legislative Standing Committees
No comments were received.
Employee Trust Funds
(CR 02-126)
An order affecting ch. ETF 10, relating to participation in the variable division of the trust fund. Effective 5-1-03.
Summary of Final Regulatory Flexibility Analysis
The department anticipates that the provisions of this proposed rule will have no direct adverse affect on small businesses.
Summary of Comments of Legislative Standing Committees
No comments were received.
Health and Family Services
(CR 02-154)
An order affecting chs. HFS 101 and 109, relating to assistance for the purchase of prescription drugs by persons aged 65 and older. Effective 5-1-03.
Summary of Final Regulatory Flexibility Analysis
The rules for the SeniorCare program apply to the department, to families that are applicants or recipients of the health care coverage provided by SeniorCare and to county social service or human service departments that take applications and determine eligibility for SeniorCare. The rules will not directly affect small businesses as “small business" is defined in s. 227.114 (1) (a), Stats.
Summary of Comments of Legislative Standing Committees
The Assembly Committee on Aging and Long-Term Care and the Senate Committee on Health, Children, Families, Aging and Long-Term Care held a joint hearing on the final proposed rule on March 6, 2003. Subsequently, the Senate Committee waived its jurisdiction over the rule on March 11th and the Senate Committee did the same on March 13th. Neither committee asked the department to modify the proposed rule.
Insurance
(CR 02-118)
An order affecting ch. Ins 3, relating to Medicare supplement insurance policies. Effective 5-1-03.
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
The legislative standing committees had no comments on this rule.
Natural Resources
(CR 02-096)
An order to affecting ch. NR 25, relating to commercial fishing in Lake Superior. Effective 5-1-03.
Summary of Final Regulatory Flexibility Analysis
The proposed rules affect Lake Superior commercial fishers. No additional compliance or reporting requirements will be imposed as a result of these rule changes.
Summary of Comments of Legislative Standing Committees
The rule was reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. The Assembly Committee on Natural Resources held a public hearing on March 5, 2003. No modifications to the rule were requested.
Transportation
(CR 02-080)
An order affecting ch. Trans 327, relating to motor carrier safety requirements. Effective 5-1-03.
Summary of Final Regulatory Flexibility Analysis
The proposed rule will have minimal adverse impact on small businesses.
Summary of Comments of Legislative Standing Committees
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