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April 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 April 1, and April 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:  Child Care Providers - The Department of Workforce Development proposes a rule to include that the maximum reimbursement rates for child care services provided to eligible individuals by licensed and certified child care providers will remain at 2006 levels.   

Bottomline:  In not increasing the child care subsidy maximum, the Department has estimated that the decrease in overall revenue to a provider will be significantly less that 2.8%.  DWD expects that this decrease will be offset in in revenue a provider receives from private pay families and copayments from families receiving child care assistance.  

To view the Notice of Hearing and submit comments
click here.  Comment may be submitted until May 9, 2007.  You may also contact the DWD's Small Business Regulatory Coordinator Jennifer.jirschele@dwd.state.wi.us.

Attn:  Gas stations, Convenience store selling gasoline, Farmers, or Any Business with at least one storage tank containing a flammable, combustible or federally-regulated hazardous liquids or businesses that sell gasoline or other liquid motor fuel for use in any type of internal combustion engine - The Department of Commerces proposes to repeal and recreate a rule to include design, construction, operation and maintenance standards for public safety.  

Bottomline:  The Department of Commerce has determined that this rule may have significant economic impact on small business.  The rule has been sent to the
Small Business Regulatory Review Board and comments will be received by the Board on May 14, 2007.  Persons wishing to provide comment at that time to the Board regarding the economic impact of the rule should contact Carol Dunn at 608-267-0297 or cdunn@commerce.state.wi.us.

To view the Revision documents click here and the Notice of Hearing click here.  Comment may be submitted until May 10, 2007.  You may also contact the Commrce's Small Business Regulatory Coordinator cdunn@commerce.state.wi.us.


Attn:  Business Facilities, Businesses With Activities that Impact Groundwater Quality, Farmers and Agricultural Users of Alachlor
- The Department of Natural Resources proposes a rule to include recommendations received from the Department of Health and Family Services relating to groundwater quality standards for Aachlor-ESA.   

Bottomline: The revision will include a DHFS recommendation for enforcement standard of 20 ug/L for Alachlor-ESA.

To view the Notice of Hearing
click here. Comment may be submitted until May 18, 2007.  You may also contact the DNR's Small Business Regulatory Coordinator SmallBusiness@dnr.state.wi.us.

Attn:  Public Accountants, Accounting Firms or Insurers - The Office of the Insurance Commissioner (OCI) proposes a rule to clarify the requirements for qualification of an independent certified public accountant to be retained by an insurer for the purpose of expressing an opinion on financial statements in an annual financial report required by the OCI.  

Bottomline:  This rule will clarify the level of independence required by accountant or firm in its engagement with an insurer.  

To view the Notice of Hearing and submit comments
click here.  Comment may be submitted until May 9, 2007.  You may also contact the OCI's Small Business Regulatory Coordinator Eileen.Mallow@oci.state.wi.us.

 

  Announcement of Scope Statements

(Announcement that the agency will begin rule development)

Attn:  Grain, Milk and Vegetable Contractors Licensed under WI Agricultural Producer Security Program - The Department of Agriculture, Trade and Consumer Protection proposes to modify a rule related to increasing a producer security fund assessments and license fees.

Bottomline:  This rule may require additional disclosures from producers.  

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:  Firewood Dealers - The Department of Agriculture, Trade and Consumer Protection proposes a rule to create a voluntary certification program for firewood dealers that will allow certified dealers to continue to supply Wisconsin grown and cut firewood into state parks.  DNR rules now prohibit firewood from entering parks as a result of the Emerald Ash Borer plant pest risk.  

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:  Health Care Record Providers, Requestors of Health Care Records, Attorneys - The Department of Health and Family Services proposes to revise a rule relating to fees for copies of patient health care records.  

Bottomline:  This revision will account for the potential increase or decrease in costs since the rule based fees on data collected in 2003.

To view the scope statement click here.  You may also contact the DHFS Small Business Regulatory Coordinator at Greerrj@dhfs.state.wi.us.

  Attn:  Dentist Serving Medicaid Clients - The Department of Health and Family Services proposes to amend a rule to clarify the circumstances under which the Medicaid program would reimburse dentists who provide orthodontia and certain services to recipients under the age of 21.  

Bottomline:  Among the changes, this rule will allow electronic record submission and add language related to temporary suspension of a vaccine requirement.  

To view the scope statement click here.  You may also contact the DHFS Small Business Regulatory Coordinator at Greerrj@dhfs.state.wi.us.

  Attn:  Medical Providers, Health Care Facilities and Laboratories - The Department of Health and Family Services proposes to amend a rule governing the control of communicable diseases.

Bottomline:  Among the changes, this rule will add eight diseases to HFS 145 that must be reported to the local health officer by medical providers, health care facilities and laboratories. Additional reporting requirements will be included in this rule package.

To view the scope statement click here.  You may also contact the DHFS Small Business Regulatory Coordinator at Greerrj@dhfs.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.

May 14 Meeting of the Small Business Regulatory Review Board - Small business owners will have the opportunity to share with the Board their concerns regarding existing state administrative rules that they feel are creating economic burdens for their business.  To learn more, click here.

  Renewable Energy and Energy Efficiency Loan and Grant Program - If you are interested in applying for federal funds as part of the Renewable Energy and Energy Efficiency grant program the deadline for submitting grant application is May 18th.  To learn more about eligibility and the grant writing assistance that is available click here.  

  Other News for Small Business

Attn: Women-Owned Businesses -  Make Mine a Million May 21 Event
The award application deadline for the Make Mine a Million is April 24th and the conference is scheduled for May 21, 2007.  Learn more about this first-even opportunity for Wisconsin women-owned businesses by clicking
here.  

  Comment Period Open on Environmental Protection Agency Ruling - To meet the new exhaust emission standards, manufacturers are expected to use catalytic converters for the first time ever in many types of small watercraft, lawn, and garden equipment.  Comments are now being accepted by the EPA by clicking 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.