Rule-Making Notices (Hearing Notices)

rulemaking_notices CR 10-139 CR 10-139

NOTICE IS HEREBY GIVEN that pursuant to sections 43.09 (2) and 227.11 (2) (a), Stats., and interpreting section 43.24 (3), Stats., the Department of Public Instruction will hold a public hearing as follows to consider proposed permanent rules to revise Chapter PI 6, relating to public library audit requirements. The hearing will be held as follows:

Hearing Information

Date and Time:	Location:
January 13, 2011 Thursday 10:00am-Noon	Reference and Loan Library Meeting Room 2109 S. Stoughton Road Madison, WI 53716

The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Michael Cross, Director, Public Library Development, at [e-mail], [phone] or leave a message with the Teletypewriter (TTY) at [phone] at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.

Copies of Proposed Rule and Contact Person

The administrative rule and fiscal note are available on the internet at http://dpi.wi.gov/pb/rulespg.html. A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to [e-mail] or by writing to:

Lori Slauson, Administrative Rules and Federal Grants Coordinator

Department of Public Instruction

125 South Webster Street

P.O. Box 7841

Madison, WI 53707

Submittal of Written Comments

Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than January 19, 2011, will be given the same consideration as testimony presented at the hearing.

Analysis Prepared by the Department of Public Instruction

Statute(s) interpreted

Section 43.24 (3), Stats.

Statutory authority

Sections 43.09 (2) and 227.11 (2) (a), Stats.

Explanation of statutory authority

Section 43.09 (2), Stats., allows the Division for Libraries, Technology and Community Learning in the Department of Public Instruction to promulgate necessary standards for public library systems. If promulgated, such rules shall be consistent with s. 43.15, Stats., and shall be established in accordance with ch. 227, except that the division shall hold a public hearing prior to adoption of any proposed rule.

Section 227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.

Related statute(s) or rule(s)

None.

Plain language analysis

Subchapter III of ch. PI 6, Wis. Admin. Code, specifies requirements for public library systems. Current language under s. PI 6.06 (4) (d) dates from 1972 and must be revised to reflect current minimum standard expectations for governmental audits. The proposed rule language states the present minimum standard for governmental audits as they apply to public library systems and is consistent with other department audit requirements for agencies receiving federal and state funds through the department.

The rules require each public library system to contract with a certified public accountant to audit the system's general purpose financial statements for the fiscal year. The audit shall be conducted in accordance with all applicable federal laws and regulations and Wisconsin Statutes and administrative rules including: generally accepted auditing standards; governmental auditing standards issued by the comptroller general of the United States; and the applicable provisions of the United States office of management and budget, circular A-133. The rules also require each public library system to maintain financial statements present in the auditor's report and to submit a corrective action plan when found to be out of compliance.

The proposed rules will apply to public library system audits conducted upon the effective date of this rule.

Summary of, and comparison with, existing or proposed federal regulations

None.

Comparison with rules in adjacent states

Iowa doesn't have any rules relating to library audit requirements.

Illinois requires the board of directors of each library system to:

Maintain all financial records at the system headquarters.

Cause an annual audit of the records of the system for the preceding fiscal year and those maintained by the treasurer to be made by an independent public accountant. The certified public accountant shall be guided by “Government Auditing Standards."

Account for all funds of the library system by expenditure, encumbrance or reserves at June 30 each year.

Adopt an annual budget for the ensuing fiscal year.

Maintain an inventory of all equipment purchased.

Ensure that financial reports are submitted to the state librarian twice a year.

Minnesota requires regional library systems to annually submit an audit of receipts and disbursements. The audit shall be performed by the staff of the state auditor's office, by a certified public accountant, or by a public accountant as defined in Minnesota statutes.

Michigan requires a cooperative library to file with the department a copy of an annual financial audit. If the audit report discloses a deficit or other material deficiency, the cooperative library shall submit a correction action plan for approval by the department.

Summary of factual data and analytical methodologies

See the plain language analysis.

Analysis and supporting documents used to determine effect on small businesses

N/A.

Anticipated costs incurred by private sector

N/A.

Effect on Small Business

The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.

Initial regulatory flexibility analysis

The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a), Stats.

Fiscal Estimate

The proposed rules specify the minimum standard expectations for governmental audits.

Wisconsin public library systems are already aware of the requirements specified in the rule and are already complying. Therefore, the rules should not have a fiscal effect on public library systems.

The proposed rules will have no fiscal impact on school districts, the department or small businesses as defined in s. 227.114 (1) (a), Stats.

Agency Contact Person

Michael Cross, Director, Public Library Development, [phone], [e-mail]

Notice of Hearings

Public Instruction

rulemaking_notices CR 10-140 CR 10-140

NOTICE IS HEREBY GIVEN that pursuant to sections 43.09 (1) and 227.11 (2) (a), Stats., and interpreting section 43.09, Stats., the Department of Public Instruction will hold a public hearing as follows to consider proposed permanent rules revising Chapter PI 6, relating to public librarian certification. The hearing will be held as follows:

Hearing Information

Date and Time:	Location:
January 13, 2011 Thursday 10:00am-Noon	Reference and Loan Library Meeting Room 2109 S. Stoughton Road Madison, WI 53716

The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Michael Cross, Director, Public Library Development, at [e-mail], [phone] or leave a message with the Teletypewriter (TTY) at [phone] at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.

Copies of Proposed Rule and Contact Person

The administrative rule and fiscal note are available on the internet at http://dpi.wi.gov/pb/rulespg.html. A copy of the proposed rule and the fiscal estimate also may be obtained by sending an email request to [e-mail] or by writing to:

Lori Slauson, Administrative Rules and Federal Grants Coordinator

Department of Public Instruction

125 South Webster Street

P.O. Box 7841

Madison, WI 53707

Submittal of Written Comments

Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than January 19, 2011, will be given the same consideration as testimony presented at the hearing.

Analysis Prepared by the Department of Public Instruction

Statute(s) interpreted

Section 43.09, Stats.

Statutory authority

Sections 43.09 (1) and 227.11 (2) (a), Stats.

Explanation of statutory authority

Section 43.09 (1), Stats., requires the Division for Libraries, Technology and Community Learning in the Department of Public Instruction to issue certificates to public librarians and promulgate, under ch. 227, Stats., necessary standards for public librarians.

Section 227.11 (2) (a), Stats., gives an agency rule-making authority to interpret the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute.

Related statute(s) or rule(s)

None.

Plain language analysis

Subchapter I of ch. PI 6, Wis. Admin. Code, pertains to public librarian certification and specifies certification requirements for administrators who serve in municipal, joint, and county public libraries with certain populations. The proposed rules:

  Allow Grade II certificates to be issued to applicants holding a bachelor's degree along with a minor in library science if the minor includes or is supplemented by 3 semester credits of coursework, or the equivalent, in advanced public library administration.

  Update public librarian certification requirements for Grade II and III certification. Some of the areas of coursework have been changed to reflect the changes in public librarians' work responsibilities. The total number of credits required to be completed will still be a total of 12. However, the rule will provide flexibility as to how those 12 credits may be earned.

  Require certification renewal to include at least 10 hours of technology.

  Modify the temporary certification requirements for Grade II and III certification to reflect the new coursework required to get a public librarian certification and require at least one course to be completed annually until the certification requirements are complete.

The proposed rules will apply to individuals as specified in the “INITIAL APPLICABILITY" section of the rule.

Summary of, and comparison with, existing or proposed federal regulations