Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Milwaukee Parental Choice Program.
Rule Type
Permanent.
1. Detailed Description of the Objective of the Proposed Rule
N/A.
2. Detailed Description of the Objective of the Proposed Rule
Section
119.23 (11) (a), Stats., requires the DPI to promulgate rules to implement and administer the Milwaukee Parental Choice Program. The 2013-15 budget,
2013 Wisconsin Act 20, made several modifications to the Milwaukee Parental Choice Program. The rule needs to be updated to reflect statutory changes and changes in practice.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The DPI is proposing to update Ch.
PI 35 so that it reflects how the Milwaukee Parental Choice Program is implemented and administered. The alternative to not updating this rule is to have an administrative rules chapter that is outdated.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
119.23 Milwaukee parental choice program.
(11) The department shall do all of the following:
(a) Promulgate rules to implement and administer this section. The department may not by rule establish standards under sub. (7) (am) that exceed the standards established by the American Institute of Certified Public Accountants.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary is indeterminate.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Private schools participating in the Milwaukee Parental Choice Program will be impacted by this rule change.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
N/A.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats.
9. Contact Person
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
Parental Choice Program for Eligible School Districts and Other School Districts.
Rule Type
Emergency and Permanent.
1. Detailed Description of the Objective of the Proposed Rule
The 2011-13 budget,
2011 Wisconsin Act 32, created the Parental Choice Programs for Eligible School Districts under s.
118.60, Stats. The 2013-15 budget,
2013 Wisconsin Act 20, significantly modified s.
118.60, Stats., including creating the Parental Choice Program for Eligible School Districts and Other School Districts. Section
118.60 (11) (a), Stats., requires the DPI to promulgate rules to implement and administer both programs. Unless a new rule is in place, DPI may be prevented from efficiently implementing and administering these programs.
2. Detailed Description of the Objective of the Proposed Rule
The 2011-13 budget,
2011 Wisconsin Act 32, created the Parental Choice Programs for Eligible School Districts under s.
118.60, Stats. The 2013-15 budget,
2013 Wisconsin Act 20, significantly modified s.
118.60, Stats., including creating the Parental Choice Program for Eligible School Districts and Other School Districts. The DPI is proposing to create a rule to govern the implementation and administration of both programs.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The DPI is proposing to create a rule, Chapter
PI 48, to implement and administer the Parental Choice Program for Eligible School Districts and Other School Districts based on s.
118.60, Stats. Without a rule, the DPI will not be able to provide transparency in how it is implementing and administering these programs.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The DPI is explicitly required by statute to create a rule to implement and administer s.
118.60, Stats. Specifically, s.
118.60 (11) (a), Stats., provides:
118.60 Parental choice program for eligible school districts and other school districts.
(11) The department shall do all of the following:
(a) Promulgate rules to implement and administer this section. The department may not by rule establish standards under sub. (7) (am) that exceed the standards established by the American Institute of Certified Public Accountants.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary is indeterminate.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Private schools participating in these programs will be impacted by this rule.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
N/A.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats.
9. Contact Person
Public Service Commission
(PSC Docket # 1-AC-242)
This statement of scope was approved by the governor on July 2, 2013.
Rule No.
Relating to
The electronic delivery of applications for a Certificate of Public Convenience and Necessity (CPCN).
Rule Type
Permanent.
1. Description of the objective of The Rule and Expected Financial Impact
Currently, s.
196.491, Stats., requires the commission to send a copy of an application for a Certificate of Public Convenience and Necessity (CPCN) to clerks and public libraries. While s.
PSC 111.51 (4) currently requires the commission to send an electronic copy of an initial CPCN application to municipal and town clerks and public libraries, it requires the commission to send a paper copy of a completed application.
2013 Wisconsin Act 10 made changes to s.
196.491, Stats., to require the commission to send an electronic copy of both an initial and a completed CPCN application to clerks and public libraries. Upon request, the commission is also required to send a paper copy of the application. This rulemaking will make the
2013 Wisconsin Act 10 changes to s.
PSC 111.51 (4). No financial impact is expected.
2. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
3. Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11, Stats., authorizes agencies to promulgate administrative rules. Section
196.02 (1), Stats., authorizes the commission to do all things necessary and convenient to its jurisdiction. Section
196.02 (3), Stats., grants the commission specific authority to promulgate rules. Section
196.491 (3) (a), Stats., references commission rules about certificates of public convenience and necessity.
4. Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
Approximately 80 hours of state employee time will be spent developing and processing the rule. No additional resources should be necessary.
5. Description of all Entities that may be Impacted by the Rule
The commission, municipal, town and county clerks, and county main public libraries.
6. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
None.
7. Contact Person
Scot Cullen, Docket Coordinator
(608) 267-9229 or
Revenue
This statement of scope was approved by the governor on July 15, 2013.
Rule No.
