The proposed rules consist of the creation of chapter Comm 129 to contain the requirements to administer both programs. The following listing highlights the major items contained in the chapter.
Creates the process for administration of the Early Stage Business Investment Program.
Establishes a process for eligibility and for certifying qualified new business ventures and fund managers.
Defines investment eligibility requirements, including "bona fide angel investment".
Describes reporting requirements for Commerce and for investors under the program.
Creates the process for administration of the Technology Commercialization Grant and Loan Program.
Defines eligible businesses.
Defines professional services and eligible project costs.
Establishes a process for reporting, monitoring and auditing the program.
Federal Comparison
There are no existing or proposed federal regulations that address or impact the activities to be regulated by this rule.
State Comparison
An Internet search found no similar rules in the states of Illinois, Iowa, Michigan and Minnesota.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Technology businesses with less than 100 employees may apply for these programs.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The rules require semi-annual or annual reporting on the status of the technology-related project.
3. Types of professional skills necessary for compliance with the rules.
The rules require accounting skills necessary for financial management of the project, such as budget management tracking of the funds spent.
4. Rules have a significant economic impact on small businesses.
Yes, rules submitted to Small Business Regulatory Review Board
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
The rule will have no fiscal effect on the department or local government. It establishes application processes for the venture capital and technology commercialization programs that are based on the statutory requirements of 2003 Wisconsin Act 255.
The fiscal effect on the private sector is indeterminable. Entities that apply for certification as a fund manager under the venture capital tax credit program, or for grants or loans under the technology commercialization program will face costs in developing their applications, but those costs are at the discretion of the applicant. No private sector entities will face mandated costs.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at cdunn@commerce.state.wi.us.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 77.82 (3) (g) and (7) (c) 3. and 227.11 (2) (a), Stats., interpreting subch. III of ch. 77, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 46, Wis. Adm. Code, relating to the administration of the Managed Forest Law. The proposed rules are being proposed to reflect the changes in subch. VI of ch. 77, Stats., in 2003 Wisconsin Act 228 and to implement one additional change recommended by the Governor's Council on Forestry. The proposed changes include:
Managed Forest Law application changes including new application deadline (July 1 18 months prior to the effective date of land being entered under the law), establishment of a second deadline beginning November 15, 2005 (May 15 7½ months prior to the effective date of land being entered under the law), requirement that title documents be recorded and that existing certified survey maps be included with the application, and revises orders eligible for additions to new orders (entered 2005 or later) only.
Development of a plan writer certification program for non-department foresters who will prepare management plans for managed forest law entries. Establishes requirement that plans be prepared by a certified plan writer or the department itself.
Modification of open/closed acreage rules to allow up to 160 aces closed per ownership per municipality for new entries and to allow owners to change the open and closed designation of their lands up to two times during the order period.
Fee changes including an increased transfer fee and application fee.
Yield tax exemption for new entries during the first five years of the order period, excluding Forest Crop Law conversions to Managed Forest Law and Managed Forest Law land renewed at the end of the original order period.
Definition of completed plan created and city is added to the definition of municipality.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rules may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Small private forest landowners and forest industries who have enrolled or wish to enroll in the Managed Forest Law and consulting foresters who want to prepare plans for Managed Forest Law entries.
b. Description of reporting and bookkeeping procedures required: None
c. Description of professional skills required: Foresters must have a forestry degree in an accredited forest management curriculum from a university or college with a 4-year curriculum or accredited graduate degree in the management of forest resources.
The Department's Small Business Regulatory Coordinator may be contacted at
SmallBusinessReg.Coordinator@dnr.state.wi.us or by calling (608) 266-1959.
NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:
Tuesday, January 11, 2005 at 10:00 a.m.
Video conference participation will be available at:
Room 139, State Office Building
718 W. Clairemont Ave.
Eau Claire
Room 618, State Office Building
200 N. Jefferson St.
Green Bay
Room 21, State Office Building
101 S. Webster St.
Madison
Room 218, Distance Education & Instruction Technology
UW-Marathon County
518 South 7th Avenue
Wausau
Room C103, UW-Waukesha
1500 University Drive
Waukesha
Fiscal Estimate
The fiscal impacts associated with the changes proposed to Subchapter III Chapter NR46 are all as a result of changes made in 2003 Wisconsin Act 228 (AB323) to Chapter 77 Wis. Stats. The fiscal estimates originally prepared for Act 228 (AB323) have been modified for this estimate due to revisions to the bill and a partial veto which occurred after the initial fiscal estimate was prepared. Only those changes that appear in NR 46 are reflected in the fiscal estimate worksheet. This fiscal estimate worksheet shows a decrease in revenue of $124,000 to local units of government, however they will see an increase in revenue of $994,000 due to other changes made in 2003 Wis. Act 228 which are not a result of the rule changes.
PROVISIONS THAT HAVE A FISCAL IMPACT to the State and/or the local units of government. (The cost and revenue figures are calculated using 2003 data unless otherwise stated. All state revenues are currently deposited in the Forestry Account of the Conservation Fund.)
The increase in the MFL application fee from $100 to $300 will generate an additional $540,000 per year. It is estimated that the average number of applications in subsequent years will be around 3,000/year of which 10% will qualify for the $20 application fee (additions to existing entries or have a qualifying management plan). 2,700applications x $200 increase/application = $540,000. 2003 Wis Act 228 directs $280 of each application fee or an estimated $756,000 annually to be used by the DNR for contracting with private consultant foresters to prepare MFL management plans.
The development and implementation of a certified plan writer (CPW) program: The majority of the cost involved is in staff time. Approximately 1200 hrs is anticipated during the first year for development of the program and initial entry training, delivery of 6 – 2 day initial entry training sessions, and administration. Annually an estimated 340 hours of staff time will be needed for development and delivery of future training, and administration. Registration fees will cover the cost for materials at training sessions.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Ms. Carol Nielsen at (608) 266-8019 with specific information on your request at least 10 days before the date of the scheduled hearing.
The proposed rule may be reviewed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. Written comments on the proposed rule may be submitted via U.S. Mail to Ms. Carol Nielsen, Forest Tax Unit, Bureau of Forest Management, P.O. Box 7921, Madison, WI 53707. Comments may be submitted until January 14, 2005. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. A personal copy of the proposed rule and fiscal estimate may be obtained from Ms. Nielsen.
Notice of Hearings
Natural Resources
(Fish, Game, etc., Chs. NR 1—)
NOTICE IS HEREBY GIVEN that pursuant to ss. 26.30 (6m) and 227.11 (2) (a), Stats., interpreting ss. 26.30, 28.01 and 28.07, Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 47, Wis. Adm. Code, relating to the gypsy moth suppression program. Revisions are made necessary by the passage of s. 26.30 (6m), Stats., which reduced the minimum spray block size to 20 compact and contiguous acres and which removed the requirement that residents or proposed spray blocks be notified by mail. Additional changes are proposed that the Department expects to reduce or otherwise ease the workload of the program participants from counties and communities. Many of these changes were suggested by participants over the first years of this program. These changes include:
Specifying that county coordinators may delegate tasks.
Allowing notification of the public to the availability of the suppression program by means other than a public meeting.
Reducing the number of sprayed blocks that county coordinators must survey for defoliation to just those identified as having some defoliation during aerial surveys conducted by the DNR.
Delaying the due date for applications from December 1 to the first Friday in December.
Any block revisions will be made with the help of the DNR regional suppression coordinator, removing the requirement to send maps back and forth.
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