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IMPORTANT: As of July 1st, 2011, functions once performed by the Wisconsin Department of Commerce have been moved to other state agencies and the Wisconsin Economic Development Corporation. The former Commerce web site will continue to exist for the next several months as resources are moved to new web site locations. We will make every attempt possible to direct our users to the new locations as web resources are moved.
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.
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