Summary of Final Regulatory Flexibility Analysis
Under section 560.285 (3) of the Statutes, the Department is required to contract with one or more nonprofit entities for the administration of the grant program addressed by the proposed rules. Less stringent application and compliance requirements are not proposed for such entities that are small businesses, because uniform contractual and reporting criteria are expected to result in maximizing the effectiveness of the grant funding, and reasonable administrative costs can be covered by each grant.
The Hearing comments included recommendations to (1) not wait four months for classifying a manufactured home as being abandoned, after ownership has been relinquished because of hospitalization or other incapacity-type conditions; (2) more clearly convey that the definition for “manufactured home" includes mobile homes; (3) replace a requirement for having a lease of at least one year for a home site, to instead having a written lease in accordance with section 710.15 of the Statutes, in order to accommodate renters with month-to-month leases; and (4) further direct the funding to actual repairs for homeowners who are most in need of the financial assistance, rather than to inspections, appraisals or administrative costs. These recommendations have been incorporated into the rules.
Periodic progress reports will be required through the Department's contracts with the nonprofit entities administering the grant program, and reasonable costs for that reporting can be covered by each grant.
Summary of Comments by Legislative Review Committees
No comments were received.
Employee Trust Funds
A rule-making order to revise Chapter ETF 70, relating to the start date for phasing out investment options under the Wisconsin deferred compensation plan and to expand emergency financial hardship withdrawals for beneficiaries. Effective 9-1-08.
Summary of Final Regulatory Flexibility Analysis
This rule-making has no significant effect on small businesses because only governmental employers and their employees may participate in the benefit programs under chapter 40 of the statutes, administered by the Department of Employee Trust Funds.
Summary of Comments by Legislative Review Committees
No person wished to testify concerning the rule. The record was held open for written comments until 4:30 p.m. on March 20, 2008, but no comments were received.
Natural Resources
A rule-making order to revise section NR 1.212 (3) (a), relating to the referral of private timber sale requests to cooperating foresters. Effective 9-1-08.
Summary of Final Regulatory Flexibility Analysis
The proposed rule has an economic impact on a substantial number of small businesses. The rule will create an opportunity for private consulting forestry firms to expand to meet the demand for private timber harvest assistance. The rule removes competition from the State to provide timber harvest assistance on private land. The rule does not, however, impose any new regulatory or reporting requirements on small businesses. The rule would also impact landowners who operate their woodlands as a small business, causing them to pay for timber sale set up and administration services from private enterprise foresters rather than receive free assistance from the State.
Summary of Comments by Legislative Review Committees
The rule was reviewed by the Senate Committee on Campaign Finance Reform, Rural Issues and Information Technology and the Assembly Committee on Forestry. The Assembly Committee on Forestry held a public hearing on August 21, 2007 and requested modifications. The Committee had concerns about the Department's Private Forestry Handbook, a handbook used by Department staff to implement the policy. The handbook modifications include a 120-day (up from 60 days) referral period for non-tax law timber sale requests. All tax law timber sales (mandatory practices) are provided to Cooperating Foresters two years in advance of the year in which the mandatory practice is scheduled. Department foresters may begin work on those timber sales once the referral process has been met, starting January 1 of the year that the practice is scheduled. Department foresters are to work on the oldest mandatory practices first, so a 2005 practice takes priority and is to be completed before a 2006 practice. The Department also developed a separate process for emergency events like wind storms.
The Assembly Committee on Forestry reviewed the modifications and referred the rule out of the Committee.
Natural Resources
A rule-making order to revise Chapters NR 20 and 21, relating to the hook and line harvest of lake sturgeon. Effective 9-1-08 and 1-1-09.
Summary of Final Regulatory Flexibility Analysis
The proposed rule does not impose any compliance or reporting requirements on small businesses, nor are any design or operational standards contained in the rule. Therefore, a final regulatory flexibility analysis is not required.
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 June 18, 2008, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive any comments or requests for modifications as a result of the hearing.
Natural Resources
A rule-making order revising Chapters NR 10, 12 and 19, relating to deer hunting as it relates to the management of chronic wasting disease. Effective 9-1-08 and 9-1-09.
Summary of Final Regulatory Flexibility Analysis
The proposed rule pertaining to CWD herd control activities and zone boundaries, imposes no compliance or reporting requirements for small businesses, nor are there any design or operational standards contained within the proposed rule.
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 June 10, 2008, the Senate Committee on Environment and Natural Resources held a public hearing. On June 18, 2008, the Assembly Committee on Natural Resources held a public hearing. The Department did not receive any comments or requests for modifications as a result of the hearings.
Public Instruction
A rule-making order to create Chapter PI 31, relating to grants for science, technology, engineering, and mathematics programs. Effective 9-1-08.
Summary of Final Regulatory Flexibility Analysis
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Summary of Comments by Legislative Review Committees
No comments were reported.
Transportation
A rule-making order revising Chapters Trans 137, 138, and 139, relating to motor vehicle dealer franchise operations, recordkeeping and trade practices. Effective 9-1-08.
Summary of Final Regulatory Flexibility Analysis
Most provisions are already in Department policy. For those that are not currently in policy, the proposals will ease regulatory requirements and costs on motor vehicle dealers and vehicle rental and leasing companies. The Department enforces statute and rules through periodic auditing of motor vehicle records, inspection of motor vehicle dealership facilities, and investigation of consumer complaints. The Department's Regulatory Review Coordinator may be contacted by e-mail at ralph.sanders@dot.state.wi.us, or by calling (414) 438-4585.
Summary of Comments by Legislative Review Committees
No comments were reported.
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