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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.
Natural Resources
(CR 03-044)
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.
Natural Resources
(CR 03-049)
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.
Transportation
(CR 03-059)
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.
Transportation
(CR 03-060)
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.
Workforce Development
(CR 03-022)
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.
Mandatory application of the high-income formula.
Appropriateness of application of new shared-placement provision to existing cases in which parents have substantially equal placement resulting in significantly higher support orders in some circumstances.
Requiring courts to consider a parent's recent education, training and work experience and the parent's current physical and mental health, in addition to other factors, when imputing income based on earning capacity.
On September 23, 2003, the department submitted the following modifications:
The threshold for application of the high-income payer formula was decreased from $102,000 to $84,000.
In determining income imputed based on earning capacity, the court shall consider "recent work experience" and "current physical and mental health," in addition to other factors.
The department considered the other issues raised and no changes were made. The Assembly Committee did not object to the department's response.
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