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June 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 June 1, and June 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: Cemetery Salesperson and Cemetery Preneed Sellers - The Department of Regulation and Licensing proposes to create a rule that describes the authority of the Cemetery Board and the regulation of cemetery salespersons and cemetery preneed sellers.

Bottomline: The proposed rule will reflect the newly created statutory requirements that transferred regulatory authority from the DRL to the Cemetery Board. This includes application information requirements and the requirements related to the limitation or denial of applications.

To view the Notice of Hearing and and the proposed rule click here. Comments may be submitted until June 22, 2007. You may also contact the DRL's Small Business Regulatory Coordinator larry.martin@drl.state.wi.us.

  Attn: Nursing Homes, Facilities for Developmentally Disabled; Community-Based Residential Facilities, Adult Family Homes and Residential Care Apartments - The Department of Health and Family Services (DHFS) propose to revise a rule related to involuntary administration of psychotropic medication to an individual pursuant to court ordered protective services.

Bottomline: Based upon the DHFS's analysis of the various types of small businesses impact by the rule, there is not a significant impact on small businesses. Based on a 15 minute assessment per client, the direct salary and fringe cost of compliance should be about $8 annually per client who involuntarily receives the medication. The time required to complete the reports will increase incrementally with the number of individuals who are administered psychotropic medications involuntarily.

To view the Notice of Hearing and rule analysis documents click here. Comments may be submitted until June 20, 2007. You may also contact the DHFS's Small Business Regulatory Coordinator Greerrj@dhfs.state.wi.us

  Attn: Employers - The Department of Workforce Development proposes changes elating to the unemployment insurance rules for determining a claimant's ability and availability for work.

Bottomline: Included in this rule are changes to the agency's determination of when a claimant is considered able and available to work. In addition, the rule will delete the provision that ovepayments will not be collected for benefits erroneously paid before issuance of an eligiblity determination for a given week.

To view the Notice of Hearing and rule changes click here. Comments may be submitted until July 19, 2007. You may also contact the DWD's Small Business Regulatory Coordinator Jennifer.Jirschele@dwd.state.wi.us.

  Attn: Child Care Providers, Day Care, Family Care - The Department of Workforce Development proposes a rule to repeal and recreate a rule relating to the child care subsidy reimbursement payments to providers.

Bottomline: Included in this rule is a change for providing authorized payments to providers that is based on the hours of actual attendance or enrollment. Penalty increases for providers who submit false or inaccurate attendance report is also part of this rule. The DWD has made the determination that this rule will not effect small business.

To view the Notice of Hearing and rule changes click here. Comment may be submitted until June 21, 2007. You may also contact the DWD's Small Business Regulatory Coordinator Jennifer.Jirschele@dwd.state.wi.us.

  Attn: Elevator Contractors and Installers - The Department of Commerce proposes a rule relating to elevator contractors and installers licensing.

Bottomline: This rule establishes licenses requirements for elevator contractors and elevator mechanics and registrations for elevator apprentices and elevator helpers. The licenses and registrations are being issued by declaration as emergency rules pursuant to the nonstatutory provisions of 2005 Wisconsin Act 456. The licenses and registrations are to remain in effect until permanent rules are implemented.

To view the rule and the analysis of small business impact click here. Comments may be submitted until July 6, 2007. You may also contact the Commerce's Small Business Regulatory Coordinator carol.dunn@wisconsin.gov

  Attn: Wine Sellers - The Department of Revenue proposes a rule relating to a change in title of a liquor reporting form and amends a provision specifying the amount of wine an individual may receive per year from a winery in a reciprocal state.

Bottomline: Based on a statutory change, the amount of wine an individual may receive per year from a winery in a reciprocal state increases from 9 liters to 27 liters.

To view the rule and the analysis of small business impact click here. Comments may be submitted until July 5, 2007. You may also contact the DOR's Small Business Regulatory Coordinator at tourada@dor.state.wi.us

 

Attn: Firewood Dealers - The Department of Agriculture, Trade and Consumer Protection (DATCP) proposes a rule to administer a voluntary firewood dealer certification.

Bottomline: This rule prohibits sales to a state park located more than 50 miles away unless the firewood dealer is DATCP certified. Certification under this rule is available only to firewood dealers who obtain all of their firewood from trees grown and cut in this state. This rule will primarily benefit large firewood dealers who can afford to implement the firewood treatment regimen required for certification.

To view the Notice of Hearing and review the analysis of small business impact click here. Comments may be submitted until June 25, 2007. You may also contact the DATCP's Small Business Regulatory Coordinator Keeley.Moll@datcp.state.wi.us.

 

Announcement of Scope Statements

(Announcement that the agency will begin rule development)

 

Attn: Farmers, Farm-Related Businesses - The Department of Agriculture, Trade and Consumer Protection proposes to modify the department's soil and water resource management programs.

Bottomline: Farmers may be affected by changes to current farm conservation standards and requirements. To the extent that this rule may ultimately affect grant allocations between counties, farmers in those counties may also be affected.

To view the scope statement click here. You may also contact the DATCP Small Business Regulatory Coordinator at Keeley.Moll@datcp.state.wi.us.

  Attn: Retail Food Establishments - The Department of Agriculture, Trade and Consumer Protection proposes a rule to increase reimbursement rates that DATCP receives for training, technical assistance and evaluation services. Local agents may increase license fees for local retail food estabishments to cover the higher reimbursement rate.

To view the scope statement click here. You may also contact the DATCP Small Business Regulatory Coordinator at Keeley.Moll@datcp.state.wi.us.

  News from State Regulatory Agencies

Department of Natural Resources

  Attn Retailers: DNR Environmental Compliance Reminder

The DNR has identified three environmental issues that require a retailers' attention and possible action. These issues are a retailers’ obligations regarding collection of and deposits for lead acid batteries; used oil collection and sign posting requirements; and recommendations for fluorescent bulb management. To learn more click here.

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.

  Small Business Regulatory Review Board

Is there an existing state administrative rule that is creating economic burdens for your small business? Is there a need for a state agency to take action to revise an unnecessary existing rule? If so, the Small Business Regulatory Review Board wants to hear from you. To learn more about the Small Business Regulatory Review Board click here.

  Other News for Small Business

 

Attn: Opportunity for Small Business to Comment on Federal Regulations
The Small Business Administration's National Ombudsman, members of the Regional Regulatory Fairness Board and representative of federal regulatory agencies will hear from small businesses on July 10th. This is an opportunity to share comments and compliants regarding federal regulatory enforcement and compliance requirements. The forum will be held in Milwaukee at the UMOS Corporate Headquarters. To learn more, 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.