Rules published with this register and final regulatory flexibility analyses
The following administrative rule orders have been adopted and published in the December 31, 2003, Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Athletic Trainers Affiliated Credentialing Board
(
CR 02-152)
An order affecting chs.
AT 1,
3 and
4, relating to consulting physicians and changing “athletic trainer" with “licensee." Effective 1-1-04.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
Comm 48, relating to petroleum products. Effective 1-1-04.
Summary of Final Regulatory Flexibility Analysis
Sections
168.04,
168.07 (2) and
168.16 (4), Stats., authorize the Department to promulgate rules prescribing minimum product grade specifications for petroleum products that come into the state of Wisconsin. The proposed rules of Clearinghouse Rule No. 03-011 are minimum requirements to meet the directives of the Statutes, and any exceptions from compliance for small businesses would be contrary to the Statutory objectives which are the basis for the rules.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
DE 2, relating to faculty licenses. Effective 1-1-04.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch. Eth 1, relating to the identification of a topic of a lobbying communication that relates to an attempt to influence administrative action. Effective 1-1-04.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting various chapters, making minor revisions to the department's body of administrative code. Effective 1-1-04.
Summary of Final Regulatory Flexibility Analysis
These rules will have no significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
NR 520, relating to adjusting solid waste licensing and plan review fees. Effective 1-1-04.
Summary of Final Regulatory Flexibility Analysis
The department does not believe that the proposed revisions will have a significant economic impact on a substantial number of small businesses. In general, these revisions affect municipalities and larger businesses. The small businesses that would most likely be impacted by the fee increases would be solid waste collection and transportation facilities. The proposed 10% increase in annual license fees would apply to these businesses. These fees have not been raised for six years.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On September 16, 2003, the Assembly Committee on Natural Resources held a public hearing. On September 18, the Senate Committee on Environment and Natural Resources held a public hearing. No modifications were recommended to the department.
An order affecting ch.
NR 19, relating to wildlife rehabilitation licenses and activities.
Effective 1-1-04.
Summary of Final Regulatory Flexibility Analysis
The revisions to chs.
NR 12 and
19 pertain to rules relating to the rehabilitation of wildlife. These rules are applicable to individual persons and organizations and impose no compliance or reporting requirements for small businesses. Therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The rules were reviewed by the Assembly Committee on Natural Resources and the Senate Committee on Environment and Natural Resources. On September 16, 2003, the Assembly Committee on Natural Resources held a public hearing. No modifications were recommended to the department.
An order affecting ch.
NR 45, relating to use regulations on department properties.
Effective 1-1-04 and 3-1-04.
Summary of Final Regulatory Flexibility Analysis
A potential impact on small business will come with the creation of the department commercial use permit. This permit would allow the department to place reasonable restrictions on commercial activities on certain department properties and to collect fees when deemed appropriate. In many cases, commercial activities have a more consumptive impact on department lands than do individual users due to their more intensive use and regular scheduling.
Examples of businesses affected include commercial photographers, ski schools, climbing schools, horse trip guides and scuba diving schools. These groups will be subject to a $30 annual commercial use permit.
Summary of Comments by Legislative Review Committees
The rule was referred to the Assembly Committee on Tourism and the Senate Committee on Environment and Natural Resources. On September 18, 2003, the Senate Committee on Environment and Natural Resources held a public hearing. No modifications were recommended to the department.
An order affecting ch.
NR 64, relating to reimbursement of eligible expenses on all-terrain vehicle trails.
Effective 1-1-04.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not affect small business; therefore, a final regulatory flexibility analysis is not required.
Summary of Comments by Legislative Review Committees
The rule was referred to the Assembly Committee on Tourism and the Senate Committee on Environment and Natural Resources. On September 18, 2003, the Senate Committee on Environment and Natural Resources held a public hearing. No modifications were recommended to the department.
An order affecting ch.
NR 428, relating to the control of emissions of nitrogen oxides. Effective 1-1-04.
Summary of Final Regulatory Flexibility Analysis
Small businesses may be able to utilize more efficient and less costly options for providing energy at lower emission levels than was previously available.
Summary of Comments by Legislative Review Committees
The proposed rule was reviewed by the Senate Committee on Environment and Natural Resources and the Assembly Committee on Natural Resources. On October 15, 2003, the Assembly Committee on Natural Resources held a public hearing. No modifications were recommended to the department.
An order affecting ch.
Trans 327, relating to motor carrier safety requirements.
Effective 1-4-04.
Summary of Final Regulatory Flexibility Analysis
This proposed rule will have minimal adverse impact on small businesses.
Summary of Comments by Legislative Review Committees
The Legislative Council report contained only one comment. Due to modifications made as a result of testimony at the hearing, the provision has been omitted from the rule as originally proposed.
An order affecting chs.
Trans 325 and
326, relating to motor carrier safety regulations.
Effective 1-4-04.
Summary of Final Regulatory Flexibility Analysis
This proposed rule will have no adverse impact on small businesses.
Summary of Comments by Legislative Review Committees
No comments were received.
An order affecting ch.
DWD 40, relating to the child support guidelines. Effective 1-1-04.
Summary of Final Regulatory Flexibility Analysis
A final regulatory flexibility analysis is not required because the rule does not affect small business as defined in s.
227.114, Stats.
Summary of Comments by Legislative Review Committees
On July 22, 2003, the Senate Committee on Health, Children, Families, Aging and Long Term Care requested that the department modify the proposed rule to provide for a realistic payment amount for low-income payers and review the high-income section of the proposed rule to determine if the level of support required is justified.
The proposed low-income section originally submitted to the legislature provided that when determining earning capacity the court may impute income that a person may earn by working 30 hours per week at the minimum wage if evidence is presented that the parent's ability to earn is limited because the parent has less than a high school education, has been employed less than 6 months in the past 12 months, and there is limited availability for work in or near the parent's community.
The department submitted a modification on August 28, 2003, that provides a schedule with reduced percentage rates to be used to determine the child support obligation for payers with an income below approximately 125% of the federal poverty guidelines if the court determines that the payer's total economic circumstances limit his or her ability to pay support at the level determined using the full percentage rates. The modified rule also provides that when income is imputed based on earning capacity the court shall consider a parent's history of child care responsibilities as the parent with primary placement in addition to other factors.
The department reviewed the high-income provision and concluded that the proposed rule did accurately reflect research on the cost of raising children and no modification of the high-income provision was submitted. The Senate Committee did not object to the department's response.
On September 10, 2003, the Assembly Committee on Children and Families requested that the department consider the following issues:
•Reduction of high-income payer threshold.
