Rule-Making Notices (Hearing Notices)

Katie Schumacher

Budget and Policy Analyst

Wisconsin Department of Public Instruction

[e-mail]

[phone]

Text of Rule

SECTION 1. PI 32.01(4) is amended to read:

PI 32.01 (4)   This chapter sets forth characteristics of a comprehensive kindergarten through grade 12 program including criteria and procedures in awarding grants under sss. 115.36 and 115.361, Stats.

SECTION 2. PI 32.01 (4) (Note) is repealed.

SECTION 3. PI 32.03 (2)(intro) is amended to read:

PI 32.03 (2) (intro)   Aoda program content. Under s. 115.36 (1), Stats., every public and private school is encouraged to develop AODA programs to prevent or ameliorate alcohol and other drug abuse among minors. Sections Section 115.36 (3) and 115.361, Stats., provide for grants to assist school districts in developing or supplementing AODA programs. An AODA program under this section may include any of the following:

SECTION 4. PI 32.03 (2) (intro) (Note) is repealed.

SECTION 5. PI 32.03 (4) (a) is amended to read:

PI 32.03 (4) (a)   The state superintendent, annually, shall establish funding limits for programs under this section based on the amount appropriated for the program under s. 20.255 (2) (dm) and (kd), Stats., using the criteria specified under par. (c) 2. The state superintendent shall inform school districts of the funding limits by letter which will accompany application materials.

SECTION 6. PI 32.03 (4) (a) (Note) is repealed.

SECTION 7. PI 32.05 is repealed.

SECTION 8. EFFECTIVE DATE:

The proposed rules contained in this order shall take effect on the first day of the month commencing after the date of publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE & ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
PI 32, Grants for Alcohol and Other Drug Abuse Programs
Subject
2011 Wisconsin Act 32 Changes
Fund Sources Affected			Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect X Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget X Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
First, the proposed rule change would realign PI 32 with the Wisconsin Statutes. 2011 Wisconsin Act 32 deleted Sections 20.255(2) (dm) and 115.361, Stats. Thus, this rule change would eliminate the references to those statutory sections in the rule. Second, this rule change would eliminate PI 32.05, which provides a detailed description for the Alcohol and Other Drug Abuse (AODA) Program Advisory Council required under s. 115.36(2)(e). The requirements in PI 32.05 are no longer needed because 2011 Wisconsin Act 32 deleted one of the AODA appropriations (s. 20.255(2)(dm), Stats.), which had the majority of the AODA grant funds. Given the reduced grant appropriations, the DPI believes that the size of the AODA Council can be reduced accordingly.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Local: None. State: If the size of the AODA Council is reduced, DPI will have to expend fewer resources staffing the AODA Council.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
This rule change aligns PI 32 with current statutes. Additionally, the requirements in PI 32.05 are no longer needed because 2011 Wisconsin Act 32 deleted one of the AODA appropriations (s. 20.255 (2) (dm), Stats.), which had the majority of the AODA grant funds. Given the reduced grant appropriations, the DPI believes that the size of the AODA Council can be reduced accordingly.
Long Range Implications of Implementing the Rule
The size of the AODA Council will reflect the amount of AODA funding the Council oversees.
Compare With Approaches Being Used by Federal Government
No information.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
No information.
Name and Phone Number of Contact Person
Katie Schumacher, Department of Public Instruction Administrative Rules Coordinator, [phone].

Notice of Rule Making Without Public Hearing

Public Instruction

rulemaking_notices CR 13-087 CR 13-087

The State Superintendent of Public Instruction hereby proposes an order to repeal Chapter PI 33, relating to grants for nursing services.

The rules are being adopted under s. 227.16 (2) (b), Stats., which provides that rulemaking does not need to be preceded by notice and public hearing if the proposed rule brings an existing rule into conformity with a statute that has been changed.

Place Where Comments are to be Submitted and Deadline for Submission

As provided in s. 227.16 (2) (b), Stats., there is no requirement that a public hearing be held for this rule because the proposed rule brings an existing rule into conformity with a statute that has been changed.

Analysis by the Department

Statute interpreted

None. 2011 Wisconsin Act 32 eliminated s. 115.28 (47), Stats.

Statutory authority

None.

Explanation of agency authority

The Department of Public Instruction is repealing a rule that no longer has any statutory authority.

Related statute or rule

N/A.

Plain language analysis

This proposed rule change is a technical change that would repeal a rule that no longer has any statutory authority.

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

N/A.

Comparison with rules in adjacent states

N/A.

Summary of factual data and analytical methodologies

N/A.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

N/A.

Anticipated Costs Incurred by Private Sector

N/A.

Effect on Small Business

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

Agency Contact Person

Katie Schumacher

Budget and Policy Analyst

Wisconsin Department of Public Instruction

[e-mail]

[phone]

Text of Rule

SECTION 1. Chapter PI 33 is repealed.

SECTION 2. EFFECTIVE DATE:

The proposed rules contained in this order shall take effect on the first day of the month commencing after the date of publication in the Wisconsin Administrative Register, as provided in s. 227.22 (2) (intro.), Stats.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE & ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
PI 33, Grants for Nursing Services
Subject
Repeal of PI 33
Fund Sources Affected			Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
There is no longer funding or statutory authority for Grants for Nursing Services. Thus, the rule needs to be repealed.
Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Local: None. Grants for Nursing Services were eliminated in 2011 Act 32; repeal of the rule will have no fiscal effect. State: No fiscal effect.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The rule needs to be repealed since there is no longer any statutory authority for the grant program. Otherwise, the rule will not reflect current law.
Long Range Implications of Implementing the Rule
Elimination of the rule will align the DPI Administrative Code with statutes.
Compare With Approaches Being Used by Federal Government
N/A.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
N/A.
Name and Phone Number of Contact Person
Katie Schumacher, Department of Public Instruction Administrative Rules Coordinator, [phone].

Notice of Rule Making Without Public Hearing

Public Instruction

rulemaking_notices CR 13-088 CR 13-088

The State Superintendent of Public Instruction hereby proposes to amend s. PI 34.35 (1) (c), relating to the definition of immoral conduct.

The rules are being adopted under s. 227.16 (2) (b), Stats., which provides that rulemaking does not need to be preceded by notice and public hearing if the proposed rule brings an existing rule into conformity with a statute that has been changed.

Place Where Comments are to be Submitted and Deadline for Submission

As provided in s. 227.16 (2) (b), Stats., there is no requirement that a public hearing be held for this rule because the proposed rule brings an existing rule into conformity with a statute that has been changed.

Analysis by the Department

Statute interpreted

Section 115.31 (1) (c), Stats.

Statutory authority

Section 115.31 (8), Stats.

Explanation of agency authority

The Department of Public Instruction has authority to promulgate rules to implement and administer s. 115.31, Stats., relating to license or permit revocation, reports, and investigation.

Related statute or rule

N/A.

Plain language analysis

This proposed rule change is a technical change that would modify the ch. PI 34 definition of “immoral conduct" to reflect the statutory definition.

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

N/A.

Comparison with rules in adjacent states

N/A.

Summary of factual data and analytical methodologies

N/A.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report

N/A.

Anticipated Costs Incurred by Private Sector

N/A.

Effect on Small Business

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

Agency Contact Person