The Department of Public Instruction is repealing a rule that no longer has any statutory authority.
Related statute or rule
None.
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
(608) 267-9127
Text of Rule
SECTION 1. Chapter PI 29 is repealed.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 29, Grants for Preschool Through Grade 5 Programs
Subject
Repeal of PI 29
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 the Grants for Preschool Through Grade 5 Programs. Thus, the rule needs to be repealed.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. Preschool Through Grade 5 Program grants 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 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, (608) 267-9127.
Notice of Rule Making Without Public Hearing
Public Instruction
The State Superintendent of Public Instruction hereby proposes an order to repeal Chapter PI 31, relating to grants for STEM programs.
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), 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 ss. 115.28 (46) and 20.255 (2) (fz), Stats.
Statutory authority
None.
Explanation of agency authority
The Department of Public Instruction is repealing a rule that no longer has any statutory authority or funding.
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
(608) 267-9127
Text of Rule
SECTION 1. Chapter PI 31 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 31, Grants for STEM Programs
Subject
Repeal of PI 31
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 STEM Programs. 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 STEM Programs 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, (608) 267-9127.
Notice of Rule Making Without Public Hearing
Public Instruction
The State Superintendent of Public Instruction proposes to repeal ss. PI 32.01 (4) (Note), 32.03 (2) (intro) (Note), (4) (a) (Note), and 32.05; and amend ss. PI 32.01(4) and 32.03 (2) (intro) and (4) (a), relating to grants for alcohol and other drug abuse programs.
The rules are being adopted under s. 227.16 (2) (e), Stats., which provides that rulemaking does not need to be preceded by notice and public hearing if the proposed rule and fiscal estimate are published in the notice section of the Administrative Register and the required petition is not received by the agency within 30 days after publication of the notice.
Place Where Comments are to be Submitted and Deadline for Submission
As provided in s. 227.16 (2) (e), Stats., a public hearing will not be held for this rule change unless the required petition is received by the Department.
Analysis by the Department
Statute interpreted
Section 115.36 (3), Stats.
Statutory authority
Section 115.36 (3) (a) 5., Stats.
Explanation of agency authority
Under s. 115.36 (3) (a) 5., Stats., the Department has authority to promulgate necessary rules to implement s. 115.36 (3), Stats.
Related statute or rule
N/A.
Plain language analysis
First, the proposed rule change would realign ch. PI 32 with the Wisconsin Statutes. 2011 Wisconsin Act 32 deleted ss. 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 s. 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), Stats. The requirements in s. 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. Additionally, the description of the AODA Council is no longer needed in rule because, given the constantly changing amount of AODA funding, DPI needs the flexibility to adjust the Council's structure quickly through policy instead of the rulemaking process.
Summary of, and comparison with, existing or proposed federal regulations
N/A.
Comparison with rules in adjacent states
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.