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July 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 July 15 and July 31, 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: Animal marketers, Animal dealers, animal truckers, livestock farmers, deer farmers, fish farmers and veterinarians - The Department of Agriculture, Trade and Consumer Protections proposes a rule that will increase many license fees and will add new fees.

Bottomline: The fee increases will be dependent upon the business size and type. Small business will pay small fees and are offered a 2 month delayed effective date for compliance with this rule.

To view the Notice of Hearing and and the proposed rule click here. Comments may be submitted until July 31, 2007. You may also contact the DATCP's Small Business Regulatory Coordinator keeley.moll@wisconsin.gov.

  Attn: Agriculture business covered by agricultural marketing orders, Cherry, Mint and Ginseng producers - The Department of Agriculture, Trade and Consumer Protections proposes a rule change related to marketing orders and governing boards of commodity producers.

Bottomline: The changes will include amendments related to governance of the boards and various marketing orders. Marketing orders impose assessments on commodity producers.

To view the Notice of Hearing and and the proposed rule click here. Comments may be submitted until August 29, 2007. You may also contact the DATCP's Small Business Regulatory Coordinator keeley.moll@wisconsin.gov.

  Attn: Agriculture Producers (grain dealers, grain warehouse keepers, milk contractors and vegetable contractors) - The Department of Agriculture, Trade and Consumer Protections proposes to modify license fee rates for contractors (grain dealers, milk contractors and vegetable contractors who purchase products from producers and grain warehouse keepers who store grain for others).

Bottomline: The impact will vary by individual contractors within a business sector. The rule is intended to generate additional license fee revenue in order to continue financial security monitoring activities for producers who experience catastrophic contractor default.

To view the Notice of Hearing and and the proposed rule click here. Comments may be submitted until October 31, 2007. You may also contact the DATCP's Small Business Regulatory Coordinator keeley.moll@wisconsin.gov.

  Attn: Funeral Directors - The Department of Regulation and Licensing proposes to amend a rule relating to continuing education requirements.

Bottomline: This rule change may make it easier for funeral directors to a have a wider selection of education course providers because the Funeral Examining Board will be approving the provider versus each course for approval.

To view the Notice of Hearing and and the proposed rule click here. Comments may be submitted until August 8, 2007. You may also contact the DRL's Small Business Regulatory Coordinator larry.martin@drl.state.wi.us

  Attn: Plumbing Contracting Businesses - The Department of Commerce proposes a rule to require the installation of tracer wire or some equally-effective means of locating non-metallic underground sewer and water piping laterals.

Bottomline: This rule also sets forth the requirements for installing tracer wire in order to locate non-metallic building sewers, private interceptor main sewers, water sewers and private water mains. This rule will describe the various situtations and activities which will result in the assessment of fines to violators.

To view the rule and the analysis of small business impact click here. Comments may be submitted until August 27, 2007. You may also contact the Commerce's Small Business Regulatory Coordinator carol.dunn@wisconsin.gov

  Attn: Building Contractors, Developers, Mobile Home Park Owners and Campground Owners - The Department of Natural Resources proposes a rule related to minimum standards for county shoreland zoning ordinances.

Bottomline: The rule includes changes to vegetation management in the primary shoreland buffer and changes to regulation of non-conforming structures. New requirements, setback changes and standard revisions are part of this rule package.

To view the rule and Notice of Hearing click here. Comments may be submitted until September 7, 2007. You may also contact the DNR's Small Business Regulatory Coordinator at SmallBusiness@dnr.state.wi.us

  Attn: Bait Dealers, Wholesale Fish Dealers, Commercial Fishers, Fish Farmers - The Department of Natural Resources proposes a permanent rule related to the emergency measurers for the control and prevention of viral hemorrhagic septicemia (VHS) in fish in state waters.

Bottomline: The rule prohibits the transport of live fish or fish eggs from the Great Lakes, Mississippi Rivers, Lake Winnebago, lower Fox River or any connected waters upstream to the first fish barrier. Minnow and live bait collection requirements, bans on use of fish as bait and permit requirements are included among the many provisions of this proposed permanent rule.

To view the rule and Notice of Hearing click here. Comments may be submitted until August 23, 2007. You may also contact the DNR's Small Business Regulatory Coordinator at SmallBusiness@dnr.state.wi.us

  Attn: Green Bay Yellow Perch Commercial Fishers - The Department of Natural Resources proposes a rule that will increase the allowable commercial harvest limit from 60,000 to 100,000 pounds .

To view the rule and Notice of Hearing click here. Comments may be submitted until August 23, 2007. You may also contact the DNR's Small Business Regulatory Coordinator at SmallBusiness@dnr.state.wi.us

  Attn: Agriculture Businesses that are Sources of Hazardous Air Emissions - The Department of Natural Resources proposes a permanent rule related to the extension of the compliance deadline to July 31, 2011 for air permit and hazardous air pollutant requirement compliance (part of State Implementation Plan).

Bottomline: It's anticipated that this rule will impact large livestock operations.

To view the rule and Notice of Hearing click here. Comments may be submitted until September 14, 2007. You may also contact the DNR's Small Business Regulatory Coordinator at SmallBusiness@dnr.state.wi.us

  Attn: Businesses with Employees Who Have Access to DOT Vehicle or Driver License Records - The Department of Transportation is proposing a rule to access fees to businesses that have employees with access to DOT vehicle or driver license records.

Bottomline: The rule will requires that a business obtain a criminal background check from the Wisconsin Department of Justice for all persons who have a direct access to vehicle or driver license records. Any business that has a contract with DOT to otain vehicle and drivers license records must have a criminal background check for the employee requesting records on behalf of the business. The DOJ charges a $13 internet fee or $18 mail fee for each criminal background check.

To view the rule and Notice of Hearing click here. Comments may be submitted until August 2, 2007. You may contact DOT's Small Business Regulatory Coordinator at ralph.sanders@dot.state.wi.us.

  Atnn: Veterinarians: - The Department of Regulation and Licensing proposes to amend a rule relating to continuing education requirements, informed consent and recordkeeping.

Bottomline: This rule contains additional recordkeeping requirements and a requirement that veterinarians disclose all viable veterinary diagnostic procedures and modes of treatment to a client.

To view the Notice of Hearing and and the proposed rule click here. Comments may be submitted until August 10, 2007. You may also contact the DRL's Small Business Regulatory Coordinator larry.martin@drl.state.wi.us

  Attn: Child Care Providers, Day Care, Family Care - The Department of Workforce Development proposes a rule relating to child care certification.

Bottomline: This rule includes training requirements related to shaken baby syndrome, qualifications for providers, requirements of the facility, supervision requirements, requirements related to activities that must be provided daily, service contract requirements, and requirements for school-age child care programs. Operators must have on a file a copy of the driver's license for all persons transporting children and that a school-age child care operator must have a high school diploma or equivalent. At this time is not known how many counties will charge a certification fee for the school-age child care certification.

To view the Notice of Hearing and rule changes click here. Comment may be submitted until August 16, 2007. You may also contact the DWD's Small Business Regulatory Coordinator Jennifer.Jirschele@dwd.state.wi.us.

 

Announcement of Scope Statements

(Announcement that the agency will begin rule development)

  Attn: Restaurant and Retail Food Service Facilities, Hotel, Motel and Lodging Facilities, Campgrounds, Recreational and Educational Camps, Tattoo and Body Piercing Businesses, and Vending Machine Business - The Department of Health and Family Services proposes to modify the license/permit, pre-inspection and late renewal fees, reinspection fees, fees for special inspections, and other fees relating to operation for the above-referenced businesses. To view the scope statement click here. You may also contact the DHFS's Small Business Regulatory Coordinator at RGreer@dhfs.state.wi.us.

  Attn: Building Developers, Contractors and Agricultural Businesses, Storm Water Management Industries - The Department Commerce proposes a rule to clarify the shared responsibilities between Commerce and the Department of Natural Resources related to erosion and sediment control and storm water management. This rule may also make modifications to reflect changing technology and recognized national standards and practices.

To view the scope statement click here. You may also contact the Commerce's Small Business Regulatory Coordinator at carol.dunn@commerce.state.wi.us.

  Attn: Businesses that use Aerial Lifts, Aerial Tramways, Surface Lifts and Tows - The Department of Commerce proposes a rule to update Comm. 33 - Passenger Ropeways, to reflect the Safety Requirements of the 2006 American National Standard Institute.

To view the scope statement click here. You may also contact the Commerce's Small Business Regulatory Coordinator at carol.dunn@commerce.state.wi.us.

  Attn: Realtors - The Department of Regulation and Licensing proposes a rule to clarify the recordkeeping and duties of realtors as it relates to the requests from both the Real Estate Board and department.

To view the scope statement contact Pamela.Haack@drl.state.wi.us. You may also contact the DRL's Small Business Regulatory Coordinator at larry.martin@drl.state.wi.us.

 
Attn: Motor Vehicle Dealers, Motor Vehicle Rental and Leasing Businesses and Motor Vehicle Purchasers - The Department of Transportation proposes a rule to clarify definitions, recordkeeping and trade practices for the above-referenced business.

To view the scope statement click here. You may also contact the DOT's Small Business Regulatory Coordinator at ralph.sanders@dot.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.

  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

  SBA Express Loans for Veterans - The SBA has announced the Patriot's Express Pilot Loan Initiative for veterans and members of the military community wanting to establish or expand a small business. 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.