One time costs are estimated to be $128,650. These costs are for developing a database and online system to accept registration and reporting information. This includes computer contractor costs of $44,900 (1 IS contractor @ 350 hours x $70/hour and 1 GIS contractor @ 300 hours x $68/hour) and DNR staff time at a cost of $83,750 (1,675 hours x $50/hour average salary and fringe). DNR staff time is required from a GIS Coordinator, IS Systems Developer, and Water Supply Specialist-Advanced.
Local government fiscal impact
The new requirements will impact local units of government that have or propose a water supply system that withdraws water at the level regulated by the new rule. The fiscal impact is expected to be minimal, since measuring and reporting water withdrawal information is already required by other Department programs. The additional reporting requirement of the new rule may be accomplished by the withdrawer and is expected to take, on average, less than 2 hours per year. Department staff are committed to eliminating duplicative reporting requirements with the development of new data systems.
Private sector fiscal impact
A. Existing Withdrawers
The fiscal impact on persons in the private sector that have existing withdrawals regulated by the new rule is expected to be minimal. Most existing withdrawers are already required to measure and report withdrawal information to the Department. The additional reporting requirement of the new rule may be accomplished by the withdrawer and is expected to take, on average, less than 2 hours per year. Department staff are committed to eliminating duplicative reporting requirements with the development of new data systems.
For existing withdrawers that are not currently required to measure and report their withdrawals, the fiscal impact is expected to be the same as for new withdrawers, as explained below.
B. New Withdrawers
The fiscal impact on persons in the private sector that are starting new withdrawals is not expected to be significant. Initial costs include withdrawal measurement and registration. The rule provides options for measuring withdrawals that vary in cost. There are options that may be completed by the withdrawer at little to no cost. Other options require the purchase of a meter and some options--for example, measuring flow through a weir, may require hiring a professional consultant. Standard meters range in cost from $400 to $5,000. Consultant costs vary and may range between $500 and $2,000.
Completing the initial registration is expected to take, on average, less than 2 hours and may be completed by the withdrawer. Withdrawers that are hiring consultants or contractors, such as well drillers, as part of their project may choose to have them also complete the registration.
Annual costs are expected to be minimal. Documenting the volumes of withdrawal by month and then reporting the information annually to the Department is expected to take, on average, less than 2 hours per year and may be completed by the withdrawer.
Summary for state fiscal effect
Increase costs. May be possible to absorb within agency's budget.
Types of local government units affected
Towns, Villages, Cities, Counties, Water Utilities, School Districts, WTCS Districts.
Fund sources affected
Affected Ch. 20
Long-range fiscal implications
None are expected.
Agency Contact Person
Kristy Rogers, Water Supply Specialist
Wis. Dept. of Natural Resources
Bureau of Drinking Water & Groundwater
Phone: (608) 266-9254
Notice of Hearing
NOTICE IS HEREBY GIVEN That pursuant to ss. 115.001 (11)
and 227.11 (2) (a)
, Stats., the Department of Public Instruction will hold a public hearing as follows to consider proposed permanent rules amending Chapter PI 34
, relating to school nurse certification. The hearing will be held as follows:
Date: July 30, 2010
Time: 1:00 - 3:30 p.m.
GEF 3 Building
125 South Webster Street
The hearing site is fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Douglas White, Director, Student Services/Prevention and Wellness at douglas.white@ dpi.wi.gov, (608) 266-5198 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 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 Submittal of Written Comments
Lori Slauson, Administrative Rules and Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above mail or email address no later than August 4, 2010, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by Department of Public Instruction
Explanation of agency authority
Section 115.001 (11)
, Stats., requires the department to prescribe the qualifications for school nurses by 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 or rule
Plain language analysis
2009 Wisconsin Act 160
requires the department to prescribe the qualifications for school nurses by rule. To meet the requirements under the Act, the department is modifying Chapter PI 34
, relating to Teacher Education Program Approval and Licenses, by creating a definition of "school nurse" under s. PI 34.01 (52m)
and by modifying the school nurse licensing information under s. PI 34.31 (2)
The DPI school nurse license which requires completion of a school nurse practicum and an institutional endorsement, is still an optional license and is not required for a nurse to work in a school. In the past, a school nurse only had to hold a license as a registered nurse under the Department of Regulation and Licensing. The rule will require a school nurse to hold a bachelor's degree as well.
An individual employed by, or under contract with, a school board, a CESA, a CCDEB, or charter school as a school nurse on January 1, 2011, shall be considered a school nurse, regardless of whether or not that individual holds a bachelor's degree.
To coincide with the Act's effective date, the rule will become effective January 1, 2011.
Comparison with federal regulations
Comparison with rules in adjacent states
Iowa does not have rules relating to the qualification of school nurses.
Illinois and Minnesota:
Illinois and Minnesota require a school nurse to be a registered professional nurse with a bachelor's degree.
Michigan requires that a professional school nurse be a registered professional nurse with a bachelor's degree. Michigan also offers a standard school nurse certificate requiring the applicant to be a registered nurse.
Summary of factual data and analytical methodologies
2009 Wisconsin Act 160
clarifies that a nurse may be employed by a school district without being “certified" by the department but rather “meets the qualifications prescribed by the department." The DPI school nurse license under s. PI 34.31 (2)
requires the applicant to have, in part, a school nursing practicum and an institutional endorsement. This DPI license is optional and is not required for a nurse to work in a school. The Act removes the department's certification requirement and replaces it with the qualifications for school nurses prescribed by the department in rule. The qualifications specified in this rule will better reflect current practice without reducing the qualifications of the state's school nurses.
Analysis and supporting documents used to determine effect on small business
Anticipated costs incurred by private sector
Small Business Impact
The proposed rules are not anticipated to have a fiscal effect on small businesses as defined under s. 227.114 (1) (a)
The proposed rules require a nurse to hold a bachelor's degree in addition to a license issued by the Department of Regulation and Licensing in order to become a school nurse. The rules allow a nurse that was employed or under contract as a school nurse in a school board, CESA, CCDEB or charter school established under s. 118.40 (2r)
Stats., on or before the effective date of the rule to be considered a school nurse.
Any fiscal effect to local school districts is indeterminate. A school nurse with a bachelor's degree may command more money for his or her salary. However, it is unknown how many school nurses will be hired under this new requirement as the grandfathering provision allows school nurses currently employed without a bachelor's degree to remain employed.
The proposed rules will make it easier for school districts to receive partial state aid reimbursement for school nurses under s. 115.88 (1m) (a)
, Stats., special education aid, because a school nurse must meet the qualifications in this rule rather than meet DPI certification requirements which require a practicum and an institutional endorsement in addition to a bachelor's degree. (Prior law required school nurses to be certified by DPI to receive special education aid.)
These proposed rules may result in a redistribution of state special education aid but will not change the total amount of aid distributed.
The proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a)
Agency Contact Person
Douglas White, Director
Student Services/Prevention and Wellness
Phone: (608) 266-5198
Notice of Hearing