Under s.
227.11 (2) (a) (intro), Stats., “Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation." Under s.
118.51, Stats., the DPI requires rules to effectively implement the Full-Time Open Enrollment Program.
Related statute or rule
N/A.
Plain language analysis
The proposed changes include: designation of open enrollment spaces and approval and denial of applications; handling of applications submitted under the regular and alternative application procedures; procedures for terminating open enrollment due to habitual truancy; procedures for considering whether a special education cost is an undue financial burden; confidentiality of pupil records as they relate to open enrollment; procedures and standards for open enrollment appeals; administrative and aid transfer procedures; and procedures for filing claims and making payments to parents for open enrollment transportation reimbursement.
Summary of, and comparison with, existing or proposed federal regulations
N/A.
Comparison with rules in adjacent states
No information.
Summary of factual data and analytical methodologies
The Full-Time Open Enrollment Program was created by
1997 Wisconsin Act 27. Since then, the statute has been amended or affected by ten legislative enactments, including: changes to 4-year-old kindergarten eligibility for open enrollment; limiting the number of districts a pupil can apply to; waiting lists; preferences and guarantees for certain students; transportation for open enrolled students; open enrollment to virtual charter schools; and habitual truancy. The program has been affected by a number of court decisions. Nearly 3,000 appeals have been filed with the Department.
The most recent change to full-time open enrollment occurred with
2011 Wisconsin Act 114, which changed the timing of the application process under the Open Enrollment Program and permitted certain pupils to submit open enrollment applications outside the regular application period, thus changing the nature of the Open Enrollment Program from a once-a-year time-limited application period to a year-round opportunity to apply. Specifically,
2011 Wisconsin Act 114 changes s.
118.51, Stats., by requiring pupils to submit an enrollment application no later than the last weekday in April, rather than no later than the 3
rd Friday following the first Monday in February. As a result of this change, subsequent deadlines are adjusted accordingly.
2011 Act 114 also changes s.
118.51, Stats., by allowing alternative open enrollment procedures under certain circumstances.
The rules have only been amended three times since they were first promulgated in July 1998 including: addressing the number of districts a pupil may apply to, and establishing wait lists, and modifying the method of serving notices of denial. The rule amendments do not incorporate all of the statutory changes that have occurred.
The objective of the proposed rule-making is to update the full-time enrollment portion of PI 36 to address the statutory changes and issues that have arisen over the past 14 years. Finally, this rule change will also include any changes to the Full-Time Open Enrollment Program stemming from the passage of the 2013-15 biennial budget.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report
Chapter
PI 36 currently addresses full-time open enrollment in the context of parent and pupil responsibilities, nonresident school board responsibilities, and resident school board responsibilities. Currently, these areas reflect the law as it existed prior to the enactment of
2011 Wisconsin Act 114, as well a number of other acts and court decisions. The DPI is proposing to update the full-time open enrollment portion of ch.
PI 36 so that it reflects the current state of the law. The alternative to not promulgating this rule is to have an administrative rules chapter that is outdated. School districts, parents and pupils will be affected by this rule.
Anticipated Costs Incurred by Private Sector
There is not expected to be a cost to the private sector.
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
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA 2049 (R 07/2011)
ADMINISTRATIVE RULES
FISCAL ESTIMATE AND
ECONOMIC IMPACT ANALYSIS
|
Type of Estimate and Analysis
|
X Original ⍽ Updated
⍽ Corrected
|
Administrative Rule Chapter, Title and Number
|
Chapter PI 36
|
Subject
|
Public School Open Enrollment Program
|
Fund Sources Affected
|
Chapter 20, Stats. Appropriations Affected
|
X GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
|
20.255(2)(ac)
|
Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Costs
|
The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
X 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
|
Administration of the public school open enrollment program
|
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)
|
The open enrollment statue affects school districts. When a pupil transfers from a nonresident to a resident school district, money follows the pupil from the resident to the nonresident school district through an increase or reduction in the school district's state aid payment(s). School districts in which more pupils transfer in than out will receive a net increase in their state aid payment; school district in which more pupils transfer out will receive a net decrease in their state aid payment. There is no economic impact on school districts that is specific to the rule.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The benefit to implementing the rule is to provide specificity and clarification to the administration of the open enrollment program and to comply with statute. The alternative to implementing the rule is to administer the program through “guidelines" that do not have the force of law.
|
Long Range Implications of Implementing the Rule
|
There are no long range implications that are specific to the rule.
|
Compare With Approaches Being Used by Federal Government
|
There is no comparable program at the federal level.
|
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
Open enrollment funding is established in state statute. There is no effect that is specific to the rule.
Illinois, Iowa, Michigan and Minnesota also have public school choice programs. However, all of these states have foundation funding systems for public schools, while Wisconsin has a tax-base equalizing formula. Under a foundation funding system, there is no direct transfer of money from the resident to the nonresident school district; instead the district of attendance (nonresident school district) receives the per pupil foundation amount directly, rather than as a transfer of funds from the resident to the nonresident school district.
|
Name and Phone Number of Contact Person
|
Katie Schumacher, 608-267-9127
|
Notice of Hearing
Safety and Professional Services
Professional Services, Chs.
1—299
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss.
227.11 (2),
444.035,
444.04,
444.06,
444.095 (3), and
444.19, Stats., and interpreting ss.
444.02 (2),
444.04,
444.06, and
444.095 (4), Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider an order to repeal Chapters
SPS 100 to
105 and to revise Chapters
SPS 192 to
196, relating to mixed martial arts, amateur boxing, and professional boxing.
Hearing Information
Date: Wednesday, March 12, 2014
Time: 9:30 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson St.)
Room 121B
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Copies of Rule
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Section
227.11 (2), Stats., reads: “Rule-making authority is expressly conferred as follows:
(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
…"
Section
444.035, Stats., reads: “Bond. The department shall by rule require a promoter or club conducting a professional contest or amateur mixed martial arts fighting contest to post a bond or other surety in a reasonable amount determined by the department to ensure payment of the promoter's or club's expenses in conducting the contest, including payments to contestants and to the department."
Section
444.04, Stats., reads: “Promoter and club reports. Within 2 business days after a promoter or club holds a professional contest or amateur mixed martial arts fighting contest, the club shall furnish to the department a written report, verified by the promoter or by one of the club's officers under penalty of perjury, showing the number of tickets sold for the contest, the amount of gross proceeds, and all other information the department requires by rule to be included in the report. The department may limit, suspend, revoke, or assess a forfeiture to the promoter or club for failure to comply with this section or failure to provide accurate information to the department. Any forfeiture collected under this section shall be deposited in the appropriation account under s.
20.165 (1) (jm)."
Section
444.06, Stats., reads:
“Inspectors.
The department shall appoint official inspectors, each of whom shall receive a card authorizing the inspector to act wherever the department designates. The department may be, and at least one inspector shall be present at all professional contests and all amateur mixed martial arts fighting contests and see that the rules are strictly observed. Inspectors shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. The department may require a promoter or club to pay the cost of designating additional inspectors, who may include a referee or judge performing the duties of an inspector, for an event. The department may require a promoter or club to pay the department an amount not to exceed $250 for each additional inspector designated by the department."
Section
444.095 (3), Stats., reads: “The department shall promulgate rules that establish all of the following with respect to mixed martial arts fighting contests:
(a) Qualifications and fees for licensure of referees and judges for mixed martial arts fighting contests.
(b) Requirements for regular health examinations of mixed martial arts fighting contestants, including all of the following:
1. Annual physical examinations by physicians and annual eye examinations by physicians who are board-certified ophthalmologists.
2. Annual screening for HIV, hepatitis B, and hepatitis C.
3. For female contestants, pregnancy tests before contests.
(c) Policies prohibiting contestants from using drugs, including anabolic steroids, and mandating drug testing of contestants."
Section
444.19, Stats., reads: “Fee adjustments by rule.
Notwithstanding ss.
444.02 (3),
444.03,
444.06, and
444.11, the department may by rule adjust the fees under this chapter to account for changes in the department's costs in administering and enforcing this chapter."
Related statute or rule
There are no other related statutes or administrative rules other than those listed herein.
Plain language analysis
The major changes in this proposed rule entail repealing chs.
SPS 100 to
105, reorganizing ch.
SPS 192 into the main chapter for mixed martial arts, and merging of provisions in chs.
SPS 193 to
196 into ch.
SPS 192.
SECTIONS 1 and 8. The first treatment section repeals the chapter series chs.
SPS 100 to
105, pertaining to amateur boxing, which removed the department's authority to regulate amateur boxing under
2003 Act 285. Later in this proposed rule, text incorporates those pertinent sections with mixed martial arts into chs.
SPS 190 to
196, of which amateur boxing is a combative sport and is so collectively defined.
SECTION 2. A new chapter heading for the major chapter, SPS 192, deals with mixed martial arts and sporting events or fighting contests. The chapter now reflects the compilation of various licenses and event specifications into one chapter.
SECTIONS 3, 19, and 28. These sections detail the newly reorganized ch.
SPS 192 with various subchapters and titles of subchapters.
SECTION 4. This renumbered section more clearly indicates the statutory authority given to the department for mixed martial arts and fighting contests, removing all references to amateur boxing.
SECTIONS 5, 26, and 48. These sections repeal current code text; specifically joints and compression locks, medical insurance coverage, and physical exams. Provisions relating to physicals and exams have been retained in another portion of the rule, as has medical insurance coverage.
SECTIONS 6 and 7. These sections are renumbered and amended to clarity that the rules are contained in one chapter, as are the definitions. Some new definitions are added.
SECTIONS 9 and 10. These sections are renumbered and any formatting or typographical errors are corrected.
SECTIONS 11, 13 to 14, 16 to 18, 20 to 24, 27, 29 to 33, 35 to 38, 40 to 44, 50, 51, and 57. In addition to renumbering, the new subchapters in ch.
SPS 192, eligibility criteria and process requirements, are amended to reflect the accurate cross references. These sections are also renumbered and any formatting or typographical errors are corrected.
SECTION 12. An added requirement for eligibility and title is created.
SECTION 25. Notes are created to reference various statutory language.
SECTION 34. In addition to renumbering and correcting formatting or typographical errors, monetary allowances and compensation have been updated to include minimum and maximum mileage rates, when lodging is to be provided by the promoter, and the time frame an agreement is to be signed. This timeframe has been extended to 10 business days.
SECTION 39. Two additional fouls have been added for amateur contestants — spine attacks and dropping an opponent on one's head or neck.
SECTION 45. A new section on equipment required in the corner has been added. These items relate to maintaining an antiseptic environment and responding to minor medical needs.
SECTION 46. This section has been amended to delineate the number of bouts or rounds. The minimum number of rounds has been reduced to eight.
SECTION 47. A newly created section specifies the combining of certain types of bouts and which are allowed or prohibited.
SECTION 49. Various text relating to medical examination and testing has been amended to reduce duplication.
SECTIONS 52 and 53. These sections relate to electrolyte-replacement beverages now reflecting current trade names; prohibited items are also listed along with energy stimulants and pills.
SECTIONS 54 and 55. Most of ch.
SPS 196 has been incorporated into subch.
V of ch. SPS 192. These provisions relate to suspension and discipline, as well as rest periods and drug testing. Major changes are correcting formatting errors and proving text with more clarity.
SECTION 56. A new section in administrative suspensions has been added, dealing mainly with suspension periods as reported by American Boxing Commission's national database.
Summary of, and comparison with, existing or proposed federal regulation
The federal law regulating boxing is U.S. Code Title 15, Chapter
89 Professional Boxing Safety, 6301-6313. The relationship to state law is stated in s. 6313, “nothing in this Act [
15 USC 6301, et seq.] shall prohibit a State from adopting or enforcing supplemental or more stringent laws or regulations not inconsistent with this Act [
15 USC 6301, et seq.], or criminal, civil, or administrative fines for violations of such laws or regulations." Other federal requirements are:
15 USC 6305, which requires contestants to register with a state boxing commission and obtain a nationwide identification number form an entity certified by the Association of Boxing Commissions;
15 USC 6308, which bars conflict of interest in a prompters interest in a contestant and requires the reporting of receipts.
Comparison with rules in adjacent states
An Internet-based search revealed the following information.
Illinois: In Illinois, the statutes and rules for conducting mixed martial arts sporting events are found in the Illinois Professional Boxing Act 225 ILCS 105 and the Illinois Administrative Code Title 68 Chapter VII Subchapter b Part 1371.
Iowa: In Iowa, the administrative rules are created under the authority of the Labor Commissioner to regulate chapter 177, mixed martial arts, these rules became effective February 2011.
Michigan: In Michigan, the statutes and rules for conducting mixed martial arts sporting events are found in the Michigan Unarmed Combat Regulatory Act 2004 PA 403, MCL 338.3601 to MCL 338.3633 and the Michigan Administrative Code R339.101 - R339.403. Licensure must be sought through the Department of Labor and Economic Growth, Bureau of Commercial Services. The Unarmed Combat Commission assists the Director of the Department of Labor and Economic Growth in regulating the sport.
Minnesota: In Minnesota, the statutes and rules for conducting mixed martial arts sporting events are found in the Minnesota Statutes §
341.21-§
341.37 and the Minnesota Register at Minn. Reg. §.2202.0010-§2202.1200. Licensure must be sought via the Combative Sports Commission, which regulates the manner in which mixed martial arts contests will be conducted.
Summary of factual data and analytical methodologies
Since the initial rules became effective in April 2011, the department has had experience in what is considered best practices. In addition, the proposed changes also reflect the improvement of various administrative elements and contemporary industry practices. More significantly, the rules were methodically combined into one major rule chapter, ch.
SPS 192. Outreach was made to various stakeholders for input and comment.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The department posted for 14-days the notice of economic input and received no comment.
