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May 2008 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 recently published 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


  Child Care Providers - The Department of Workforce Development proposes a rule revision relating to child care enrollment underutilization.

Bottomline: This rule will address DWD's projected budget shortfall by reinstating the child care enrollment underutilization policy that was in effect April to October, 2007. Rule revisions include (but are not limited to) the following: provisions when the agency will not authorize payment to licensed group and family day care centers, criteria for local child care administrative agency authorization on either an enrollment or attendance basis, and the inclusion of additional penalties. The DWD has made the determination that this rule will not have a significant economic impact on small business.

Interested persons can review the Notice of Hearing or send comments electronically to DWD's Regulatory Coordinator at elaine.pridgen@wisconsin.gov. Comments will be accepted until May 20, 2008; the hearing is held on May 19, 2008.

  Construction Related Businesses - The Department of Administration proposes a rule related to an electronic state project bidding process.

Bottomline: This rule will allow persons interested in providing bids for state construction projects to submit bids electronically to DOA. At this time, it is anticipated that bids would be accepted as a secure upload to WisBuild. It is unknown whether there will be costs assessed to the contractor in providing the electronic submittal of their bids.

Interest persons can review the Notice of Hearing or send comments electronically at Donna.Sorenson@Wisconsin.gov. Comments will be accepted until June 15, 2008; the hearing is held on May 14, 2008.


  Vehicle Dealers, Vehicle Rental Dealers and Vehicle Leasing Companies - The Department of Transportation proposes a rule amendment relating to motor vehicle dealer franchise operations and motor dealer requirements.

Bottomline: This rule provides clarification on a number of motor vehicle dealer requirements, prohibited practices, inspection criteria, definition changes, motor vehicle title requirements, new recordkeeping and reporting requirements are part of this rule package.

Interested persons can review the Notice of Hearing and send comments to carson.frazier@dot.state.wi.us or questions regarding this rule can be sent to DOT's Regulatory Coordinator at Ralph.Sanders@wi.gov. Comments will be accepted until May 13, 2008; the hearing is held on May 13, 2008.

  Insurance Agents - The Office of the Commissioner of Insurance proposes a rule revision relating to long-term care plans including the plans qualifying for the Wisconsin long-term care insurance partnership program.

Bottomline: The key provision affecting small business is the new training requirements.

Interested persons can review the Notice of Hearing. Comments and questions regarding this rule can be sent to OCI's Regulatory Coordinator at Eileen.mallow@wisconsin.gov. Comments will be accepted until May 26, 2008; the hearing is held on May 12, 2008.

  Dairy Manufacturing Facilities Owners and Operators - The Department of Commerce proposes to create a rule relating to the certification of applicants and the allocation of dairy manufacturing facility investment credits.

Bottomline: This rulemaking will address the submittal of documentation that applicants will be required to submit to the Department of Commerce and the department's administration of the of the program.

Interested persons can review the Notice of Hearing or send comments to srockweiler@commerce.state.wi.us. Comments will be accepted until June 14, 2008; the hearing is held on May 21, 2008.

  Businesses involved in Boiler and Pressure Vessel Design, Construction, Installation, Operation, Inspection, Testing, Maintenance, Repair or Alteration of Boilers of Pressure Vessels and Mechanical Refrigeration - The Department of Commerce proposes to revise a rule relating to boilers and pressure vessels and mechanical refrigeration.

Bottomline: This rulemaking will allow the Department of Commerce to bring the state boiler and pressure vessel code up to date with current technology and nationally recognized standards. Mechanical relief discharge piping is clarified as needing to be compatible with the refrigerant used.

Interested persons can review the Notice of Hearing or send comments to joe.hertel@wisconsin.gov. Comments will be accepted until May 19, 2008; the hearing is held on May 14, 2008.

  Businesses Selling or Providing Services on Conveyance Equipment or Businesses that own Facilities With Conveyance - The Department of Commerce proposes to revise a rule relating to the technical requirements for conveyance and licensing of installers of residential conveyance.

Bottomline: This rulemaking provides a number of changes which include, but are not limited to the following: modifications to the technical requirements, licensing requirements, definition changes and changes regarding inspections.

Interested persons can review the Notice of Hearing that includes a summary of the rule modifications. Comments may sent to joe.hertel@wisconsin.gov. Comments will be accepted until May 29, 2008; the hearing is held on May 15, 2008.

  Video Service Providers, Telecommunication Providers - The Department of Agriculture, Trade and Consumer Protection proposes to amend a rule relating to electronic communication services.

Bottomline: This rulemaking provides definitions for the following: electronic communication service, video programming and video service. This rule will make changes to address new service delivery methods and bundling practices.

Interested persons can review the Notice of Hearing that includes a summary of the rule modifications. Comments may sent to Keeley.Moll@wi.gov. Comments will be accepted until June 13, 2008; the hearing is held on May 28, 2008.

  Video Service Providers - The Department of Financial Institutions proposes to create a rule relating to video service franchises.

Bottomline: The purpose of this rule is to set forth the filing requirements, application process, fees, reports, video franchise area descriptions, qualifications and other administrative functions of DFI.

Interested persons can review the Notice of Hearing and submit comments on the rule to mark.schlei@dfi.state.wi.us . Comments will be accepted until the close of hearing on June 2, 2008.

  Agricultural Product Providers - The Department of Agriculture, Trade and Consumer Protection proposes to create a rule relating to the "buy local" grant program.

Bottomline: This rulemaking spells out the grant eligibility criteria and the department's administration of the buy local grant program.

Interested persons can review the Notice of Hearing that includes a summary of the rule. Comments may sent to Keeley.Moll@wi.gov. Comments will be accepted until June 11, 2008; the hearing is held on May 30, 2008.

  Businesses Obtaining Licenses, Certifications and Registrations, and Plan Reviews from the Department of Commerce - The Department of Commerce proposes to revise a number of fees imposed by the department for plan reviews, inspection fees, periodic inspections, certification a rule relating to the certification of applicants and the allocation of dairy manufacturing facility investment credits.

Bottomline: This rulemaking will revise fees for the following: amusement rides and ski tows, boilers, gas systems and mechanical refrigeration, commercial buildings, elevators and lifting devices, plumbing system plan review, public swimming, water attractions and associated slides; private on-site wastewater treatment system plan and product review; soil erosion/stormwater management; 1 & 2 family dwellings and manufactured homes/housing; rental weatherization and licenses, certification and registration. Fee increases range from 6% to 200% (in some cases, decreases are proposed).

Interested persons can review the Notice of Hearing to see the specific program areas impacted by the rule revision. Comments on the rule can be sent to robert.dupont@wisconsin.gov. Comments will be accepted until June 6, 2008; the hearing is held on May 28, 2008.

  Diesel Truck Companies, Distributors or Installers of Idle Reduction Equipment - The Department of Commerce proposes to revise a rule related to the diesel truck idling reduction grant program.

Bottomline: Small businesses which own diesel truck tractors that apply for grants may receive a smaller benefit than they would have received in prior years. This revisions will make Comm 131 consistent with the changes made to sec. 560.125 of 2007 Wisconsin Act 20.

Interested persons can review the Notice of Hearing to see the specific changes included in this rulemaking. Comments on the rule can be sent to tom.coogan@wisconsin.gov . Comments will be accepted until June 2, 2008; the hearing is held on May 27, 2008.



  Announcement of Scope Statements
(Announcement that the agency will begin rule development)

  Chiropractors - The Department of Regulation and Licensing purposes a rule relating to applications, education requirements and licensing. Review the Scope Statement or contact DRL's Small Business Regulatory Coordinator at larry.martin@wisconsin.gov.

  Franchisers, Investment Advisors, Security Broker-Dealers - The Department of Financial Institutions proposes to repeal and recreate a rule aimed to provide consistency with the changes incorporated into the Federal Trade Commission the Wisconsin Securities Law. Review the Scope Statement or contact DFI's Small Business Regulatory Coordinator at catherine.haberland@wisconsin.gov .

Pharmacies, pharmacists, and health care workers - The Department of Regulation and Licensing purposes a rule relating to remote dispensing of prescription drugs and devices at certain facilities. Review the Scope Statement or contact DRL's Small Business Regulatory Coordinator at larry.martin@wisconsin.gov.

  Clinical Substance Abuse Counselors - The Department of Regulation and Licensing purposes a rule relating to addressing the imminent cancellation of an examination used by the DRL to certify clinical substance abuse counselors. Review the Scope Statement or contact DRL's Small Business Regulatory Coordinator at larry.martin@wisconsin.gov.

  Overweight Vehicles or Vehicle Combinations Hauling Granular Roofing Materials - The Department of Transportation purposes a rule which will establish the conditions and limitations for transporting granular roofing material. Review the Scope Statement or contact DOT's Small Business Regulatory Coordinator at Ralph.Sanders@wi.gov.

  Winery Cooperative Wholesalers, Wine Collectors - The Department of Revenue purposes a rule which will provide the administrative criteria and standards of eligibility for wine collectors and enforce statutory requirements pertaining to small winery cooperatives. Review the Scope Statement or contact DOR's Small Business Regulatory Coordinator at Julie.Raes@wisconsin.gov.


  News from State Regulatory Agencies

Department of Commerce

  Small Business Regulatory Review Board Needs to Hear From You!

The Small Business Regulatory Review Board wants to hear from small business owners who are experiencing problems with existing administrative rule. To learn more the Board contact the Small Business Ombudsman at carol.dunn@wi.gov or 608-267-0297 or review the Board's website for more information about the Board.

  Applications for Woman-Owned Business Enterprise (WBE) Certification Now Being Accepted
Woman-owned businesses who are 51% owned, actively managed and controlled can now apply to be certified as a woman-owned business through the Department of Commerce. To learn more about whether your business qualifies, to review frequently asked questions or download an application form, click here.

  Other News for Small Business

  Small Business Administration's Office of Advocacy Picks Top Ten Federal Rules for Review - The Office of Advocacy of the U.S. Small Business Administration has selected ten rules for review and possible reform. To review these rules, click here.

  IRS - Industry Issue Resolution Program - The Industry Issue Resolution Program's objective is to resolve tax issues that unnecessarily burden businesses. Submissions received by March 31, 2008 will be considered for acceptance in April. Through the Industry Issue Resolution Program new and improved guidance can be provided that will benefit small business. To learn more about the program, click here.

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 this website to subscribe.