Rule-Making Notices (Hearing Notices)

Lori Slauson, Administrative Rules and Federal Grants Coordinator

Department of Public Instruction

125 South Webster Street

P.O. Box 7841

Madison, WI 53707

Submission of Written Comments

Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than December 14, 2009, will be given the same consideration as testimony presented at the hearing.

Analysis Prepared by Department of Public Instruction

Statute interpreted

Section 119.23 (2) (a) 6. c., Stats., and Section 9139 (4r) of the nonstatutory provisions of 2009 Wisconsin Act 28.

Statutory authority

Sections 119.23 (2) (a) 6. c. and 227.11 (2) (a), Stats., and Section 9139 (4r) of the nonstatutory provisions of 2009 Wisconsin Act 28.

Explanation of agency authority

Section 119.23 (2) (a) 6. c., Stats., requires the department to, by rule, implement a process to issue a temporary, nonrenewable waiver to certain teachers that meet specific statutory requirements and who are employed by a private school participating in the Milwaukee Parental Choice Program (MPCP) program.

Section 119.23 (11), Stats., requires the department to promulgate rules to implement and administer the MPCP.

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.

SECTION 9139 (4r) of the nonstatutory provisions of 2009 Wisconsin Act 28, requires the department to, no later than the first day of the 4th month beginning after the effective date of the Act (October 1, 2009), submit proposed rules to the Legislative Council staff.

Related statute or rule

N/A

Plain language analysis

2009 Wisconsin Act 28, the 2009-11 biennial budget bill, made several modifications to the Milwaukee Parental Choice Program under s. 119.23, Stats. Several of the modifications require that the department develop rules to implement the statutory provisions. One of those modifications requires the department to develop a rule setting forth the process to issue a temporary, nonrenewable waiver for eligible teachers who have been teaching in a participating private school for at least 5 consecutive years immediately preceding July 1, 2010, but do not have a bachelor's degree.

By statute, a teacher may apply for a temporary, nonrenewable waiver if he or she:

•   Was employed by the private school participating in the Milwaukee Parental Choice Program (MPCP) on July 1, 2010,

•   Has been teaching for at least the 5 consecutive years immediately preceding July 1, 2010, and

•   Does not have a bachelor's degree from an accredited institution of higher education on July 1, 2010.

The statutes further require the applicant to submit to the department a waiver application designed by the department and a plan for satisfying the requirements under s. 119.23 (2) (a) 6. a., Stats., including the name of the accredited institution of higher education at which the teacher is pursuing or will pursue the bachelor's degree and the anticipated date on which the teacher expects to complete the bachelor's degree.

The rules include the statutory requirements described above and establish the process for requesting the temporary, nonrenewable waiver. The rules require specific information to be submitted by July 31, 2010, when applying for the waiver, including:

•   Information documenting that the institution of higher education is accredited.

•   The name and contact information of the accredited institution of higher learning.

•   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.