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October 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 September 30 and October 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

  Firewood Dealers - The Department of Agriculture, Trade and Consumer Protection proposes to create a voluntary certification program for firewood dealers.

Bottomline: Certification may be considered by those dealers who wish to supply firewood to Wisconsin state parks (DNR rule prohibits the sale of firewood to a state park unless the dealer is certified by DATCP). Included among in the rule are the requirements for dealers to treat the wood.  Dealers will  incur fumigation and storage costs in order to comply with certification requirements.

To view the draft rule, and the notice of hearing click here. Comments may be submitted until November 2, 2007 to Robert.Dahl@datcp.state.wi.us. You may also contact the DATCP's Small Business Regulatory Coordinator at Keeley.Moll@datcp.state.wi.us.

  Amusement Ride Businesses or Manufacturers or Installers of Amusement Rides - The Department of Commerce proposes a rule to reflect current industry practices and to evaluate administrative and enforcement aspects of the program. This rule development may occur in more than one rule-making endeavor.

Bottomline: This rule sets the requirements for the amusement ride operators to acquire and maintain a specific amount of liability insurance. The rule also creates a safety field attachment or connection provision for amusement rides where passengers donning harnesses are elevated.

To view the draft rule, and the notice of hearing click here. Comments may be submitted until October 25, 2007 to jim.quast@wisconsin.gov.

This rule has been submitted to the Small Business Regulatory Review Board as it may have a significant economic impact on small business. The Small Business Regulatory Review Board is interested in hearing from small businesses about the economic impact that this rule may have on their business.  Comments may be sent to the Small Business Ombudsman until October 25, 2007 at carol.dunn@wi.gov.

  Day Care Centers - The Department of Health and Family Services purposes a rule requiring that any student admitted to a day care center or a nursery  present written evidence of having completed the immunizations for each vaccine required for the student's grade. A list of diseases for which immunization applies is contained in the content of this rule.

Bottomline: Day care centers will experience some increase in workload in tracking compliance with the requirement for PCV, reporting compliance to the department and in referring noncompliant students to the district attorney or corporation counsel for enforcement action.

To view the draft rule and the notice of hearing click here. Comments may be submitted through the administrative rule web site or sent to huriemb@dhfs.state.wi.us until October 25, 2007 or you may contact the DHFS Small Business Regulatory Coordinator at Greerrj@dhfs.state.wi.us.

  Retailers Selling Lottery Tickets - The Department of Revenue purposes a rule to creates language that permits the Lottery to revise billing terms and also address the potential for accessing additional shipping at a specified cost to the retailer in situations where a retailer desires additional shipping options.

Bottomline: This rule package contains the provisions for the suspension of a retailer's contracts, additional charges for additional orders, reselling controls and the terms for billing. While the rule may provide more time to sell a pack of tickets, retailers may be responsible for larger sticker prices for each pack of tickets.

To view the draft rule and the notice of hearing click here. Comments and questions may be submitted through October 24, 2007 to james.amberson@revenue.wi.gov. Questions can also be sent to the DOR Small Business Regulatory Coordinator at Julie.Raes@wisconsin.gov.

  Commercial Driving Schools - The Department of Transportation purposes a rule to amend the number of motorcycles allowed on the range, and change the reporting time frame for site inspection reports. This rule package also includes requirements related to background checks, and insurance and bond requirements.

Bottomline: Some commercial schools may not currently have bonding.

To view the draft rule and the notice of hearing click here. Comments and questions may be submitted through November 6 and can be submitted electronically to ron.thompson@dor.state.wi.us. You may also contact DOT's Small Business Regulatory Coordinator at ralph.sanders@dot.state.wi.us.

  Elevator Contractors, Elevator Mechanics and Apprentices/Helpers - The Department of Commerce purposes a rule to create licensing criteria for elevator contractors, elevator mechanics and elevator apprentices and helpers.

Bottomline: Licensing criteria will require that an applicant can demonstrate knowledge and skill related to the installation or servicing of conveyance through experience, training or examination.

To view the draft rule and notice of hearing click here. Comments and questions may be submitted electronically through November 12, 2007 to lswaziek@commerce.state.wi.us. You may also submit questions to the Small Business Regulatory Coordinator at carol.dunn@wi.gov.

  Businesses that are a Major Source of Hazardous Air Polluntants and Have a Solid Fired Boiler or Process Heater - The Department of Natural Resources purposes a rule relating to the national emission standards for hazardous air pollutants for industrial, commercial and institutional boilers and process heaters.

Bottomline: Businesses will need to obtain professional services from environmental scientists or engineers to ensure their compliance with Ch. NR 462.

To view the draft rule and the notice of hearing click here. Comments and questions may be submitted electronically through November 2, 2007 to Roger.Fritz@wisconsin.gov.

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

  Insurance Agents - The Office of the Insurance Commissioner purposes a rule relating to the sale of life insurance and annuities to the military.

To view the scope statement click here. You may also contact the OIC's Small Business Regulatory Coordinator at eileen.mallow@wisconsin.gov.

  Employers - The Department of Workforce Development purposes a rule relating to unemployment insurance rules for confidentiality of records. Among the changes, is the requirement for record sharing agreements and the requirement of payment of costs of disclosure of UI records as provided in the federal rule.

To view the scope statement click here. You may also contact the DWD's Small Business Regulatory Coordinator at eileen.pridgen@dwd.state.wi.us.

  News from State Regulatory Agencies

Department of Commerce

Trade Show Grant Program - The International Division provides a trade show grant to encourage Wisconsin companies to seek out new international markets. To review the grant criteria and learn about the reimburseable expenses that are allowed as part of this grant program click here.

  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.

  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

  Small Business Administration's Office of Advocacy Wants to Hear From You - The Office of Advocacy of the U.S. Small Business Administration is looking for nominations of federal rules and regulations that need review and reform. You can help update outdated or ineffective rules by nominating those that are creating barriers for your business. Nominate them by visiting the sba's web site at www.sba.gov/advo/r3.

  Receive Your Federal EIN Numbers in Minutes - Taxpayers can now request an EIN through a web-based systems that instantly processes a request and generates an identification number. 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 commerce.wi.gov/BD/BD-FAX-0905.html to subscribe.