Rule-Making Notices (Hearing Notices)

•   A list of specific classes to be taken to complete the bachelor's degree.

•   If applicable, an official transcript showing courses already completed that count toward the bachelor's degree.

•   Information demonstrating a bachelor's degree from the accredited institution of higher education can be issued within five years under the plan proposed by the applicant.

Finally, no waiver granted under these rules is valid after July 31, 2015.

The Act requires the permanent rules to be submitted to the Legislative Council by October 1, 2009.

Comparison with federal regulations

N/A

Comparison with rules in adjacent states

Illinois, Iowa, Michigan, and Minnesota do not have rules relating to private school voucher programs.

Summary of factual data and analytical methodologies

The waiver granted under these rules is only available to teachers that meet the requirements on July 1, 2010 and valid until July 31, 2015. The information required in the rule is typical of information requested from regular teachers in determining whether they are on-track to receiving proper certification.

Analysis and supporting documents used to determine effect on small business

N/A

Small Business Impact

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

Fiscal Estimate

Summary

The rule sets forth the process to issue a temporary, nonrenewable waiver for eligible teachers who have been teaching in a participating private school but do not meet the new licensing requirement created by 2009 Wis. Act 28 under s. 119.23 (2) (a) 6. a, Stats.

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

The costs associated with the new waiver application process and review will be absorbed by the department.

Anticipated costs incurred by private sector

N/A

Agency Contact Person

Robert Soldner, Director

School Management Services

[phone]

[e-mail].

Notice of Hearing

Public Service Commission

rulemaking_notices CR 09-086 CR 09-086

NOTICE IS GIVEN that pursuant to s. 227.16 (2) (b), Stats., the Commission will hold a public hearing on a proposed rule to create Chapter PSC 172 related to the police and fire protection fee created under 2009 Wisconsin Act 28.

Hearing Information

Date:	December 2, 2009 Wednesday — 1:30 p.m.
Location:	Amnicon Falls Hearing Room Public Service Commission Bldg. 610 North Whitney Way Madison, WI

Accommodation

This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.

The Commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to obtain this document in a different format should contact Dennis Klaila, Docket Coordinator, at [phone] or [e-mail].

Submission of Written Comments

Any person may submit written comments on these proposed rules. The hearing record will be open for written comments from the public, effective immediately, and until Tuesday December 15, 2009, at noon (Monday December 14, 2009, at noon, if filed by fax). All written comments must include a reference on the filing to docket 1-AC-228. File by one mode only.

Industry: File comments using the Electronic Regulatory Filing system. This may be accessed from the Commission's website psc.wi.gov.

Members of the Public:

If filing electronically: Use the Public Comments system or the Electronic Regulatory Filing system. Both of these may be accessed from the Commission's website: psc.wi.gov.

If filing by mail, courier, or hand delivery: Address as shown in the box below.

If filing by fax: Send fax comments to [phone]. Fax filing cover sheet MUST state “Official Filing," the docket number 1-AC-228, and the number of pages (limited to 25 pages for fax comments).

Comments Due: Tuesday December 15, 2009 Noon FAX Due: Monday December 14, 2009 Noon

Address Comments to: Sandra J. Paske Secretary to the Commission Public Service Commission P.O. Box 7854 Madison, WI 53707-7854 FAX [phone]

Agency Contact Information

Questions regarding this matter should be directed to Dennis Klaila, Docket Coordinator, at [phone] or [e-mail].

Small business questions may be directed to Gary Evenson at [phone] or [e-mail].

Media questions should be directed to Tim LeMonds, Director of Governmental and Public Affairs at [phone].

Hearing or speech-impaired individuals may also use the Commission's TTY number, if calling from Wisconsin [phone], if calling from outside Wisconsin [phone].

Analysis Prepared by the Public Service Commission of Wisconsin

Statute interpreted

This rule interprets s. 196.025 (6), Stats., which imposes a police and fire protection fee on communications service connections.

Statutory authority

Sections 196.02 (1) and (3), 196.025 (6) (d) 1., and 227.11, Stats.

Explanation of agency authority

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 196.025 (6) (d) 1., Stats., allows the Commission to promulgate rules about the new police and fire protection fee.

Related statutes or rules

Sections 77.59 (1) to (5), (5m) except any penalty or interest provision, (6) (a), (8) and (8m) describe department of revenue audit and appeal procedures.

Summary of rule

This rule deals with the new police and fire protection fee. It establishes the requirements for administering the fee.

The rule states that a fee must be assessed on all retail voice communications connections including voice over internet protocol, except that no fee should be assessed on lines used internally by a communications provider, by the federal government or by tribal governments. Anyone required to assess the fee must register with the Department of Revenue (DOR), which will be collecting the fee.

For communications connections under a subscription plan (one with regularly occurring payments scheduled), the provider is required to assess 75 cents per connection, per month. If a partial month of service is provided, then the provider is to follow the same procedure it uses with county 911 fees. If the provider does not assess those fees, then it can charge the full fee amount unless its billing system can prorate it. If a customer has more than 10 connections from a particular provider, each connection above 10 is assessed .075 cents per connection, per month. If only a partial payment is received from a customer, the payment is first applied to the provider's charges. Providers must explain the fee on the first bill on which it appears and, if it is listed separately on the bill, must identify the bill in a manner specified in the statute and in the rule.

For prepaid wireless communications connections, the provider or retailer that sells the plan must assess 38 cents per connection sold in retail sales transactions. Retail sales transactions involving prepaid wireless include the sale of a phone and airtime, as well as sales of additional airtime. Whether the source of the sale is Wisconsin is determined using a hierarchy similar to that used for sales tax purposes.

Returns must be filed with the DOR. Fees imposed during one month must be paid to DOR by the end of the following month. Extensions may be granted for good cause. Fees written off as uncollectible and those repaid when an item is returned may be deducted from a later return.

Appeals about amounts due or refunds must be filed with DOR within 60 days of the date on which a notice of amount due, notice of refund, or notice of refund claim denial is received. A request for a redetermination must be filed with DOR as well. If the communications provider or retailer wishes to pursue its appeal further, it must file an objection to the assessment with the commission, which will follow a process similar to that in s. PSC 196.85, Stats., which deals with objections to other PSC assessments.

Resellers are required to file a form with their underlying local exchange carrier certifying that the lines they have purchased will be resold. This ensures that the local exchange carrier is not held responsible for submitting fees on those lines.

Providers and retailers are required to keep records about fee assessment. DOR and the commission can audit for compliance and the commission can bring an action for uncollected fees.

Comparison with federal regulations

The Commission is not aware of any existing or proposed federal legislation on this matter.

Comparison with rules in adjacent states

The Commission is not aware of any similar rules in surrounding states.

Summary of factual data and analytical methodologies

The Commission and the DOR worked together to develop this rule. The current processes used by DOR for the collection of sales and other taxes were considered while developing this rule.

Analysis and supporting documents used to determine effect on small business

The Commission and DOR worked together to develop this rule. The steps taken by DOR to reduce the burden of tax filings on small businesses were taken into account when drafting this rule.

Small Business Impact

While the statute creating this fee and this rule will affect small businesses to some degree, the Commission is unable to estimate the number because the statute and rule apply to all telecommunications providers and to retailers that sell prepaid wireless telecommunications plans. Since the Commission does not regulate wireless telecommunications providers or retail sellers of wireless services, it does not have the data necessary to determine whether those are small businesses. However, the Commission and the Department of Revenue (DOR) worked together to develop this rule. The steps taken by DOR to reduce the burden of tax filings on small businesses were taken into account when drafting this rule.

Fiscal Estimate

Summary

Section 196.025 (6), Stats., and thus this rule implementing it, has a fiscal impact as it will increase costs to businesses and government, although it may be possible to absorb them. The fee created by the statute will be billed to each government and business customer according to a formula based on the number of lines of service they have in groupings of 10. For government, the fee would presumably be offset by revenue collections. For small businesses, the fee would be an additional cost of doing business or recovered in charges to customers.

2009 WI Act 28 created a fee to be paid by telecommunications customers for support of county costs of police and fire protection services. The fee is billed to both residential and business landline and wireless providers including those wireless providers who use pre-paid cards to obtain cellular service. This fee will be billed to state and local government customers and business customers following the definitions in the law and this rule. Federal Government offices will be exempt from the charge because of the federal supremacy clause and the various court interpretations of its applicability in situations similar to those of this fee.

The cost effect on state and local government presumably will be in turn absorbed by collections in revenue. Each government and business customer will be billed according to a formula based on the number of lines of service they have in groupings of 10. Statistics on the number of lines for governments and small businesses are not available without extensive data requests of all providers of landline and cellular services in Wisconsin.

State fiscal effect

Increase in costs that may be possible to absorb within agency's budget.

Types of local governmental units affected

Towns, Villages, Cities, Counties, School Districts.

Affected Ch. 20 appropriations

None.

Long-range fiscal implications

For government, fee offset by revenue collections.

For small business, fee would be additional cost of doing business or recovered in charges to customers.