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January 2007 Wisconsin Small Business Regulatory Alert

It's important for small businesses to have their voice heard during the state rule-making process. To do this, you need to know when rules are being developed by state agencies that may directly impact your small business! Learn what state rules are being promulgated or going to public hearing. In addition to learning about rule development, the alerts will provide information about trainings, workshops, conferences and other regulatory information important to Wisconsin small businesses.

Following are proposed rules of possible interest to small businesses published in the January 1, 2007 and the January 15, 2007 Wisconsin Administrative Register. During the comment period, individuals have an opportunity to express their support or opposition to the rule. Rules included in this Alert may affect the following types of businesses:

  Announcement of Hearings

Attn: Farmers, Potato Growers and Commercial Pesticide Applicators - The Department of Agriculture, Trade and Consumer Protection proposes a rule to impose new regulations on those who use chloropicrin soil fumigants.

Bottomline: DATCP is estimating the costs to the industry as a whole per year will be $8,000 - $12,000, mainly for increased costs of applying chloropicrin to approximately 2,000 acres of potatoes. The increased pesticide costs incurred by the commercial pesticide applicators will most likely be passed onto the farmers.

To review the entire rule revisions, Notice of Hearing and to submit comments by February 9, 2007 click here. You may also contact's DATCP's small business regulatory coordinator with additional questions at Keeley.Moll@datcp.state.wi.us.

Attn: Motorboat Rental or Leasing Businesses- The Department of Natural Resources proposes to revise a rule relating to the mandatory boating education program, temporary certifications and course fees.

Bottomline: Businesses wishing to participate in this program will be required to comply with the requirements and process for administering an exam, issuance of a temporary certificate and recordkeeping.

To view the rule revisions for the affected businesses listed above and the Notice of Hearing click here. Comments will be received until February 1, 2007 and can be submitted electronically to roy.zellmer@dnr.state.wi.us. You may also contact the DNR's Small Business Regulatory Coordinator SmallBusiness@dnr.state.wi.us.

Attn: Dentists - The Department of Regulation and Licensing proposes to revise a rule relating to the requirements for administering the office facilities and equipment for safe and effective administration and the applicable standards of care, and to provide for the reporting of adverse occurrences related to administering anesthesia.

Bottomline: This rule is intended to ensure that dentists are adequately trained before they induce aenesthesia. This revision will create sedation levels and create permits for the various levels of anesthesia.

To view the rule revisions for the affected businesses listed above and the Notice of Hearing click here. Comments will be received until January 31, 2007 and can be submitted electronically to pamela.haack@dnr.state.wi.us. You may also contact the DRL's Small Business Regulatory Coordinator Larry.Martin@drl.state.wi.us.

Attn: Home Health Care Placement Agencies, Home Health Care Workers - The Department of Workforce Develops proposes to revise a rule relating to notice to home care service agency, home care workers and consumers.

Bottomline: Licensure requirements, notification requirements, definition revisions and recordkeeping requirement revisions are a part of this rulemaking.

To view the rule revisions for the affected businesses listed above and the Notice of Hearing click here. Comments will be received until January 25, 2007 and can be submitted electronically to elaine.pridgen@dwd.state.wi.us You may also contact the DRL's Small Business Regulatory Coordinator jennifer.jirschele@dwd.state.wi.us.

  Announcement of Scope Statements

(Announcement that the agency will begin rule development)

Attn: Animal Markets, Animal Dealers, Animal Truckers and Animal Transport Vehicle Owners - The Department of Agriculture, Trade and Consumer Protection proposes a rule to modify animal health rules.

Bottomline: Among the many changes will be revisions related to chronic wasting disease of farm-raised deer, livestock identification and records, livestock premise registration and adjust animal health fees. Before DATCP can hold public hearings the DATCP Board must approve the hearing draft.

To review the entire Scope Statement, click here. You may also contact's DATCP's small business regulatory coordinator with additional questions at Keeley.Moll@datcp.state.wi.us.

Attn: Employers - The Department of Revenue proposes a rule relating to electronic funds transfer.

Bottomline: Payments by an employer of the delinquent tax of an employee (under Wis. Stats. 71.91(7), Stats., are required to be made by electronic fund transfer.

To review the entire Scope Statement, click here. You may also contact's DOR's small business regulatory coordinator with additional questions at plashore@dor.state.wi.us.

Attn: Fertilizer and Pesticide Manufacturers, Sellers and Purchasers - The Department of Agriculture, Trade and Consumer Protection proposes a rule to adjust the license surcharges for the Agriculture Chemical Cleanup Program.

Bottomline: Changes to the rule will adjust current fertilizer and pesticide surcharges to bring the Fund within the required balance. Before DATCP can hold public hearings the DATCP Board must approve the hearing draft.

To review the entire Scope Statement, click here. You may also contact's DATCP's small business regulatory coordinator with additional questions at Keeley.Moll@datcp.state.wi.us.

Attn: Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors- The Department of Regulation and Licensing proposes a rule change to provide clarification as to the meaning of "responsible charge" as it relates to these professional licensures.

Bottomline: The definition will also define what "responsible charge" does not include and will specify the requirements for direction and control of work prepared prior to being signed or stamped by a licensee.

To review the entire Scope Statement, click here. You may also contact DRL's Small Business Regulatory Coordinator Larry.Martin@drl.state.wi.us.

Attn: Pharmacies - The Department of Regulation and Licensing purposes to revise a rule that will clarify the delivery of a drug and consultation to the patient by a pharmacist.

Bottomline: The Pharmacy Board's position is that when a consultation has occurred between a pharmasist and patient prior to transfer, and the pharmacist is present and available, the technician can hand the receipt and product to the customer as part of the transaction.

To receive a copy of the Scope Statement, click here. You may also contact's DRL's small business regulatory coordinator with additional questions at larry.martin@drl.state.wi.us.

Attn: Construction Businesses Who Contract for Public Works Projects - The Department ofWorkforce Develop purposes to adjust the thresholds for application of the prevailing wage rate based on a 3.452% increase in the construction cost index since the last adjustment.

Bottomline: The new thresholds will be $44,000 for a single-trade projects and $216,000 for multi-trade projects.

To view the Scope statement, click here. You may also contact the DOT Small Business Regulatory Coordinator jennifer.jirschele@dwd.state.wi.us.

  News from State Regulatory Agencies

Department of Commerce

Presentations by the Small Business Ombudsman
Is your association or business organization looking for a speaker to provide information about the Wisconsin regulatory reforms that were created to help small business? Contact Carol Dunn for more information.

  Administrative Rule Complaint Form
Do you have a complaint regarding an existing state administrative rule? If so, file an on-line complaint with the Small Business Regulatory Review Board. To learn more, click here.

Department of Revenue

Important Notice to Customers Who Use Sales File Transmissions
Effective January 12, 2007, the URL reference to the Wisconsin Department of Revenue's File Transmission site from "ww2.dor.state.wi.us" to "ww2.revenue.wi.gov". It is necessary to make this change in order to transmit a file.

  Other News for Small Business

  Attn: Women-Owned Businesses - Make Mine a Million Program Is Coming to Wisconsin
Learn how to grow your business to a million at Wisconsin's Make Mine A $Million Business Conference. Applications to the event and the on-line application to apply to win one of 15 awards offered can be found at www.makemineamillion.org. Click on Wisconsin Logo.

EntrepreneurshipWeek USA
Organizations are encouraged to promote entrepreneurial activities in Wisconsin as part of the nationwide promotional effort called EntrepreneurshipWeek USA, February 24 - March 3, 2007. To promote your activities and learn more visit their website at www.entrepreneurshipweekusa.com.

Stay on top of Wisconsin legislation that can affect your business by receiving updates from the Wisconsin Legislative Notification System. It allows anyone the opportunity to follow legislation by receiving daily or weekly e-mails. You can choose updates by subject and can select the activities for which you would like to receive notifications.

The Regulatory Alert is sent to you by the Dept. of Commerce's Small Business Ombudsman. If you find this information helpful, pass the word onto other small businesses so that they may subscribe to this e-mail service. Please refer them to www.commerce.wi.gov/BD/BD-FAX-0905.html to subscribe.