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March 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 March 1, and March 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: Forestry Consulting Firms - The Department of Natural Resources proposes to create a rule relating to the contracting for timber sale establishment services on state lands.

Bottomline: This rule would identify timber sale related tasks that can be contracted and a method for calculating the portion of timber sale revenue that would pay for the services. In addition, the revised eductional requirement would clarify that the Chief State Forester would identify college training that is equivalent to accreditation by the Society of American Foresters.

To review the entire rule revisions, Notice of Hearing and to submit comments by March 30, 2007 click here. You may also contact's DNR's small business regulatory coordinator with additional questions at SmallBusiness@dnr.state.wi.us.

Attn: Forestry Consulting Firms - The Department of Natural Resources proposes to create a rule relating to the referral of private timber sale requests to cooperating foresters.

Bottomline: Under this rule, DNR foresters would not provide timber harvest set-up assistance to private landowners, regardless of the size of the forest tract, unless help is not reasonably available from private enterprise cooperators.

To review the entire rule revisions, Notice of Hearing and to submit comments by March 30, 2007 click here. You may also contact's DNR's small business regulatory coordinator with additional questions at SmallBusiness@dnr.state.wi.us.

Attn: Employers - The Department of Workforce Development proposes a rule revision relating to workers compensation.

Bottomline: This rule contains a number of changes which were agreed upon by the Worker's Compensation Advisory Council and to the greatest extent possible are consistent with the Minnesota workers compensation treatment parameters.

To view the entire rule revisions for the affected businesses listed above and the Notice of Hearing click here. Comments will be received until March 26, 2007 and can be submitted electronically to elaine.pridgen@dwd.state.wi.us. You may also contact the DWD's Small Business Regulatory Coordinator jennifer.jirschele@dwd.state.wi.us

Attn: Agriculture Employers Employing Migrants - The Department of Workforce Development proposes a rule revision relating to labor alerts and state building code requirements.

Bottomline: This rule contains a number of changes among which includes the clarification of recruitment; migrant work agreements; defining a single family for purposes of housing; heating requirements; portable smoke detector requirements, wage statement requirements; posting of migrant code, building code requirements and compliance with OSHA regulations.

To view the entire rule revisions for the affected businesses listed above and the Notice of Hearing click here. Comments will be received until March 20, 2007 and can be submitted electronically to elaine.pridgen@dwd.state.wi.us. You may also contact the DWD's Small Business Regulatory Coordinator jennifer.jirschele@dwd.state.wi.us

Attn:  Business Facilities using Large Boilers or Large Source Fuel Combustion - The Department of Natural Resources proposes a rule revision relating to the establishment of rules for reasonable available control technology (BART) emission requirements.

Bottomline: This rule affects facilities with the potential to emit 100 tons or more of NOx and volatile organic compounds (VOC) per year in the moderate ozone nonattainment area (Kenosha, Racine, Milwaukee, Waukesha, Washington, Ozaukee and Sheboygan counties).  The requirements to emission units owned and operated by electric utilities may increase the costs of electricity and therefore may have an indirect impact on small businesses through higher electricity costs.

To view the entire rule revisions for the affected businesses listed above and the Notice of Hearing click here. Comments will be received until March 19, 2007 and can be submitted electronically to Thomas.Karman@wisconsin.gov. You may also contact the DNR's Small Business Regulatory Coordinator SmallBusiness@dnr.state.wi.us.

Attn:  Women-Owned Business, Businesses Wishing to Do Business With Women-Owned Businesses - The Department of Commerces proposes a rule creating a program to administer the state women-owned business certification.

Bottomline: This rule contains the requirements for which a business is eligible for certification; how to apply for the certification and recertification; how the certifications will be issued, renewed, rescinded and how to appeal a Department's certification decision.  

To view the entire rule revisions for the affected businesses listed above and the Notice of Hearing click here. Comments will be received until April 10, 2007 and can be submitted electronically to rbrooks@commerce.state.wi.us or srockweiler@commerce.state.wi.us. You may also contact the Small Business Regulatory Coordinator cdunn@commerce.state.wi.us.

Attn:  Businesses Using Broadband Internet Service In Underserved Areas of Wisconsin - The Department of Commerces proposes a rule for administering a program that will certify businesses as temporarily eligible for tax credits and exemption for Internet equipment used in the broadband market.  

Bottomline: This rule contains the criteria for the type of eligible equipment, along with how to apply for the certifications and the allocations.   Excluded are satellite-based service from the tax benefit eligibility, however, cell phone and wireless equipment is not excluded.  

To view the entire rule revisions for the affected businesses listed above and the Notice of Hearing click here. Comments will be received until April 10, 2007 and can be submitted electronically to todd.jensen@commerce.state.wi.us or srockweiler@commerce.state.wi.us. You may also contact the Small Business Regulatory Coordinator cdunn@commerce.state.wi.us.

  Announcement of Scope Statements

(Announcement that the agency will begin rule development)

Attn: Ambulance Service Providers, Emergency Medical Technicians- The Department of Health and Family Services proposes a rule establishing the conditions under which they may assess administrative fees and penalities against providers who violate rules and are delinquent in licensure renewal.

Bottomline: Because ambulance service providers have had difficulty in being reimbursed by payers for services involving the required transport of severely ill patients from one medical facility to another, the department also intends to create a critical care paramedic level licensure as part of this rule package.

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

Attn: Insurance Agents - The Office of the Insurance Commissioners proposes to revise a rule relating to supervision systems and compliance with the law in the sales of annuities.

Bottomline: The Office expects that the proposed rule will be drafted so as to coordinate with regulations of the National Association of Security Dealers (NASD) that address supervision systems for the sales of securities. Some insurance products, such as variable annuities, that are subject to these rules.

To view the Scope statement on this rule click here. You may also contact the OIC's Small Business Regulatory Coordinator Eileen.Mallow@oci.state.wi.us.


Attn: Retailers Selling Lottery Products - The Department of Revenue purposes to revise a rule relating to Wisconsin's Lottery retailer billing terms in order to be consistent with 2005 Act 25.

Bottomline: This rule will offer additional shipping options at cost to the retailers and will remove some requirements that exist in the Retailer Performance Program. It will also create rules that satisfy non-disclosure requirements.

To view the Scope Statement click here. You may also contact the DOR's Small Business Regulatory Coordinator plashore@dor.state.wi.us.


Attn: Child Care Providers - The Department of Workforce Development has issued an emergency rule that provides that the child care rates in effect on December 31, 2006 will remain in effect and will not be adjusted for the year beginning January 1, 2007.

Bottomline: In past years, the adjusted child care rates were based on an annual survey and became effective January 1 of the new year. Maximum reimbursement rates will remain at 2006 levels. Payment will be only for hours attended for weeks in which a child attends less than 50% of authorized hours.

To view the Scope Statement click here. You may also contact the Department of Workforce Development Regulatory Coordinator jennifer.jirschele@dwd.state.wi.us.

Attn: Child Care Providers - The Department of Workforce Development proposes a rule to repeal the presumption of enrollment authorization for licensed providers and provide that a local child care administrative agency shall authorize on either enrollment or attendance based on prescribed conditions.  

Bottomline: The proposed rule will control costs by reducing payments to licensed child care providers for authorized child care services that are significantly underused.  

To view the prescribed conditions in the Scope Statement click here. You may also contact the Department of Workforce Development Regulatory Coordinator jennifer.jirschele@dwd.state.wi.us.

Attn:  Consultants and Commodity Service Providers Performing Tasks Associated with PECFA Claims - The Department of Commerces proposes a rule to revise tasks that are associated with PECFA claims, and reimbursement rates for those tasks.

Bottomline: The revision to the schedule of usual and customary costs will concentrate on the issues of remediation, cost control and administrative process improvement.  

To view the Scope Statement click here. You may also contact the Small Business Regulatory Coordinator cdunn@commerce.state.wi.us.

Attn:  Business Facilities, Businesses With Activities that Impact Groundwater Quality, Agricultural Users of Alachlor - The Department of Natural Resources proposes a rule to start the groundwater quality standard setting process over (the statutory time limit for completing rulemaking of these standards expired at the end of December 2006.  The last rulemaking effort in which DNR approved the Department of Health and Family Services Alachor-ESA groundwater standards was objected to during the legislative rule review.)

Bottomline: The revision will establish state groundwater quality standards for Alachlor-ESA.

To view the Scope Statement click here. You may also contact the DNR's Small Business Regulatory Coordinator SmallBusines@dnr.state.wi.us.

Attn:  Podiatrists - The Department of Regulation and Licensing proposes a rule to amend the list of acceptable continuing medical educational program approval organizations.  

Bottomline: The rule proposes to include  the Wisconsin Society of Podiatric Medicine as an acceptable medical education program provider.

To view the Scope Statement click here. You may also contact the DRLs Small Business Regulatory Coordinator Larry.Martin@drl.state.wi.us.

  News from State Regulatory Agencies

Department of Commerce

  Nominations Sought For 2007 Governor's Export Achievement Awards
Any agricultural, forestry, industrial, high technology or service enterprise successfully engaging in or assisting in the export of Wisconsin-origin products or services can be nominated.  Deadline is April 13th.  To learn more, click here.

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 Agriculture, Trade and Consumer Protections

International Marketing Help Offered to Wisconsin Firms
Wisconsin companies can tap into the worldwide markets with cost-sharing through the Food Export Association of the Midwest's "branded program". To learn more about this program that helps small companies promote brand-name food and agricutlural products abroad click here.

Department of Workforce Development
WorkSource Wisconsin - Employer's Guide on Disability and Employment
WorkSource Wisconsin is the employer's guide on disability and employment that was created by employers for employers.  The website (www.worksourceWI.com) will serve as a clearinghouse of resources on disability and employment.  A phone-based technical support line and employment resource consultation service is also available at 1-866-460-9602.  

Apprenticeship Training Program Provides Skilled Workers
Need skilled workers?  The Apprenticeship Training Program maybe the solution to your problem? For more information visit the Apprenticeship Standards Program.

  Other News for Small Business

Attn: Women-Owned Businesses -  Make Mine a Million Program Call In-Sessions Offered
Three information call-in sessions have been scheduled to assist potential award applicants in better understanding both the program and the application process.  This program will award up to eight Wisconsin women with an incentive package to turn their million dollar business dreams into a reality.  The dates are as followings: May 19 (2:00 pm); April 5 (11:00 am) and April 19 (2:00 pm).  To RSVP for the call-in session please e-mail info@countmein.org.  The application deadline is April 24th and the conference is scheduled for May 21, 2007.

  Attn: Small Wisconsin Businesses - Wisconsin Common Market Website 
Wisconsin Common Market is designed to make a difference in rural areas, neighborhoods and communities by providing small business owners with the opportunity to move their products far beyond the reach of their local market.  To learn more about how you can be a part of this economical on-line shopping mall experience 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 www.commerce.wi.gov/BD/BD-FAX-0905.html to subscribe.