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December 2006 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 December 1, 2006 and the December 15, 2006 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: Engineering Businesses, Architectural Firms, Construction Businesses, Developers, Any Business Submitting Building Plans to the Department of Commerce  - The Department of Commerce proposes a rule revision relating to the department's administrative processing times for review and approval of building plans.

Bottomline:  Plans for construction or installation include: commercial buildings, plumbing, elevators, boilers, fire protection systems, amusement rides, swimming pools, ski lifts and tows, private on-site wastewater treatment systems and manufactured home communities. In addition to processing time changes this rule makes revisions to application approval periods and clarifies procedures when incomplete applications are received. Hearing Held: December 19, 2006

To review the entire rule, click here. You may send electronic comments until December 29, 2006 to jim.quast@wisconsin.gov.  You may also contact Commerce's small business regulatory coordinator with additional questions at cdunn@commerce.state.wi.us.

  Attn: Businesses Owning or Occupying Space in Commercial Buildings; Businesses that Design, Build or Maintain Commercial Buildings; Businesses Providing or Producing Building Materials and Components - The Department of Commerce proposes a rule revision relating to the requirements contained in the Fire Prevention Code and the Commercial Building Code. The proposed revisions to the Commercial Building Code apply when a new building or modification to an existing building is proposed.   Among the changes is the adoption of the building code requirements of the 2006 editions of the International Code Council and the fire prevention requirements developed by the National Fire Protection Association.

Bottomline:  The department received input from various industry advisory councils in development of the draft rule (representatives are named in the context of the rule).  Councils provided input on the following rule revisions: general requirements under IBC, fire protection systems, fire safety, means of egress and accessibility, structural, energy, HVAC, alteration and change of occupancy and fire preventions.  

To review the entire rule, click here. You may send electronic comments until January 5, 2007 to jim.quast@wisconsin.gov.  You may also contact Commerce's small business regulatory coordinator with additional questions at cdunn@commerce.state.wi.us.

Attn: Installers, Designers and Testers of Cathodic Protection Systems for Tanks Systems That Hold Flammable, Combustible or Hazardous Liquids and Installers, Removers, Testers, Liners, Cleaners or Closure Assessment Contractors for Tanks Regulated by Comm 10 - The Department of Commerce proposes a rule revision relating to the certification categories related to storage of flammable, combustible and hazardous liquids and to update the requirements corresponding to those categories.

Bottomline: This rule is being drafted to better reflect the nature of the work performed by these professionals. Among the many changes is the shortening of the approval duration for continuing education courses from five to three years and expanding the reasons for denial, suspension or revocation of a credential to include failure to maintain or submit accurate, required records in a timely manner. This rule proposes to require contractor liability insurance coverage for firms that install, remove, test, line clean or perform closure assessment for tank systems.

To review the entire rule, click here. You may submit electronic comments to srockweiler@commerce.state.wi.us until January 10, 2007.  You may also contact Commerce's small business regulatory coordinator with additional questions at cdunn@commerce.state.wi.us.

Attn: Building Developers or Any Business Wishing to Do Bank Erosion Control on a River or Stream - The Department of Natural Resources proposes to create additional general permits requirements to streamline the review of applications that include design, construction and location standards for bank erosion control structures placed in rivers and streams.  

Bottomline: A threshold level of bank erosion potential is required for sites to be eligible for the integrated bank treatment general permit so that rock armoring is avoided in areas where aquatic habitat could be harmed by treatment.  Professional consulting design services may be needed by some businesses to comply.  

To view the rule revisions for the affected businesses listed above and the Notice of Hearing click here. Comments will be received until January 5, 2007 and can be submitted electronically to Paul.Cunningham@dnr.state.wi.us. You may also contact the DNR's Small Business Regulatory Coordinator SmallBusiness@dnr.state.wi.us.

  Attn: Agriculture Businesses, Golf Courses, Non-Metallic Mining, Condominium Developments, Industrial and Commercial Businesses, Recreational Facilities, Ethanol Production and Food Processing Businesses - The Department of Natural Resources proposes to create the processes and criteria to administer the review of proprosed high capacity wells located near springs, trout streams, outstanding resource waters and exceptional resource waters.   

Bottomline: A number of requirements will be added related to annual reporting and recordkeeping.  The rule may necessitate the need for owners to hire qualified persons to install water metering devices on wells in order to compile annual pumpage data or need to contract with consultants to provide the necessary hydrological analysis and other information required.

To view the rule revisions for the affected businesses listed above and the Notice of Hearing click here. Comments will be received until January 5, 2007 and can be submitted electronically to lawrence.lynch@dnr.state.wi.us. You may also contact the DNR's Small Business Regulatory Coordinator SmallBusiness@dnr.state.wi.us.

  Attn: Cigarette and Tobacco Product Supplier- The Department of Revenue proposes to create the rules relating to cigarette and tobacco products tax bad debt reductions.

Bottomline: The rule will clarify when and how the deduction may be claimed for cigarette and tobacco products tax attributable to bad debt.  

To view the rule revisions for the affected businesses listed above and the Notice of Hearing click here. Comments will be received until December 22, 2007 and can be submitted electronically to dkleven@dor.state.wi.us. You may also contact the DNR's Small Business Regulatory Coordinator tourada@dor.state.wi.us.

  Attn: Trucking Businesses, Motor Carriers, Businesses Relying on Freight Delivery Along Specific Access Routes  - The Department of Transportation purposes to amend a rule relating to allowing the operation of certain 2 vehicle combinations on certain highways without a permit.

Bottomline: This rule expands freight access for small businesses by allowing delivery with 53-foot trailers when located within 15 miles of a designated route.  

To view the entire rule and the highway routes that will be affected by the rule revision click here. You may submit electronic comments by January 11, 2007 to ogc.exec@dot.state.wi.us.  You may also contact the DOT Small Business Regulatory Coordinator r.sanders@dot.state.wi.us.


  Announcement of Scope Statements

(Announcement that the agency will begin rule development)
Attn: Atrazine dealers, distributors and manufacturers who service areas in the new expanded prohibited areas - The Department of Agriculture, Trade and Consumer Protection proposes a rule to include new or expanded prohibtion areas for the use of atrazine pesticides.

Bottomline: The rule revision will reduce the the sale of atrazine in prohibited areas and require that commercial applicators know the restricted areas to avoid illegal applications.

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

  Attn:  Grain, Milk and Vegetable Contractors Licensed Under  the Agricultural Producer Security Program- The Department of Agriculture, Trade and Consumer Protection proposes a rule to increase license fees for the Agricultural Producer Security Program.

Bottomline: The amount of the fee increase may vary by industry group.

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

Attn: Nursing Homes, Facilities for the Developmental Disabled, CBRF's, and Adult Family Homes - The Department of Health and Family Services proposes a rule relating to involuntary administration of pyschotropic medications.

Bottomline: The rule will define the information that will need to be provided to the department in order to assure the facilities compliance with statutory requirements for involuntary administration of psychotropic medications to an individual pursuant to court ordered protective services.

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: Businesses Covered by Department of Natural Resource Air Permits - The Department of Natural Resources purposes to amend the definitions of "major sources" and Part 70 source" for purposes of the air operation permit program, fugitive emissions and minor source revisions, in order to conform to federal rules.  

Bottomline: The rule proposes to ensure that Wisconsin's operation permit program is at least as stringent as the federal requirements and in doing so will amend the definition of "major source" and "fugitive emissions".

To receive a copy of the Scope Statement, contact Joe Brehm. You may also contact the DNR's Small Business Regulatory Coordinator SmallBusiness@dnr.state.wi.us.

Attn: Businesses that Purchase Vehicle and Driver Information Data from the Department of Transportation  - The Department of Transportation purposes to clarify the fees charged for the providing different types of information.  

Bottomline: This rule will describe how the fees for providing records in bulk will be calculated.

To view the Scope statement, click here.  You may also contact the DOT Small Business Regulatory Coordinator r.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.

  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 Protection

Livestock Producers - Federal Drought Assistance
Twelve northern Wisconsin counties have been declared eligible for disaster assistance through the federal Livestock Assistance Grant Program.  To learn more and obtain an application click
here.  

Statewide Local Food Summit
Learn more about Wisconsin 's effort for farmers, farm group leaders, nonprofit advocates and educators interested in sharing information about efforts to expand Wisconsin's local food markets.  Click
here, for registration and conference information for the January 4, 2007 summit.

Department of Financial Institutions

  UnWanted Credit Card Solicitations
Credit card companies commonly purchase pre-screened lists of consumers from credit bureaus and consumers have the right to have their business names removed from these lists.  To learn how to have your name removed, click here

Department of Revenue

  Changes Being Made to Filing Frequency for Sales Tax Collectors
The department may be sending you a filing change notice by the end of December if  they have determined that your sale tax filing frequency needs to be adjusted.  Changes are effective January 1, 2007.  Questions regarding the change can be sent to sales10@dor.state.wi.us.  

    Other News for Small Business

  EntrepreneurshipWeek USA

Organizations are encouraged to promote entrepreneurial activities in Wisconsin as part of the nationwide promotional effort called EntrepreneurshipWeek USA, February 24 - March 3, 2007.  To promote your activities and learn more visit their website at www.entrepreneurshipweekusa.com

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.