Relating to
Technical changes needed as a result of 2013-15 budget.
Rule Type
Permanent.
1. Finding/Nature of the Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule change will make any necessary changes to ch.
PI 34 as a result of the 2013-15 budget,
2013 Wisconsin Act 20. First,
2013 Wisconsin Act 2013 created s.
115.28 (7) (h), Stats., which provides that the Department of Public Instruction (DPI) must promulgate a rule requiring an applicant for a license to provide his or her home address. Second,
2013 Wisconsin Act 20 created s.
118.19 (16), Stats., which states that the DPI must ensure that teaching experience gained on an emergency permit issued by the DPI counts toward fulfillment of the teaching experience requirement for a license based on experience or for a license in a school administrator category. Third,
2013 Wisconsin Act 20 eliminated the requirement that any person that teaches an online class in a public school, including a charter school, must have completed at least 30 hours of professional development designed to prepare a teacher for online teaching. Chapter
PI 34 will be modified to reflect these statutory changes as needed.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
This proposed rule change is needed to align ch.
PI 34 with the statutory changes in the 2013-15 budget.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
115.28 General duties. The state superintendent shall:
(7) Licensing of teachers.
(a) License all teachers for the public schools of the state; make rules establishing standards of attainment and procedures for the examination and licensing of teachers within the limits prescribed in ss.
118.19 (2) and
(3),
118.192, and
118.195; prescribe by rule standards, requirements, and procedures for the approval of teacher preparatory programs leading to licensure, including a requirement that, beginning on July 1, 2012, and annually thereafter, each teacher preparatory program located in this state shall submit to the department a list of individuals who have completed the program and who have been recommended by the program for licensure under this subsection, together with each individual's date of program completion, from each term or semester of the program's most recently completed academic year; file in the state superintendent's office all papers relating to state teachers' licenses; and register each such license.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminate.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rule change could impact public schools, including charter schools and educator preparation programs.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
N/A.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats.
9. Agency Contact
Policy and Budget Team
Katie Schumacher
(608) 267-9127
Public Instruction
Per the Dane County Circuit Court order issued in Coyne, et al. v. Walker, et al., Case No. 11-CV-4573, the Department of Public Instruction is not required to obtain the Governor's approval for this statement of scope.
Rule No.
Relating to
2013-15 budget changes to grants for master educators and nationally board certified educators.
Rule Type
Permanent.
1. Finding/Nature of the Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule change will modify ch.
PI 37 as a result of the 2013-15 budget,
2013 Wisconsin Act 20.
2013 Wisconsin Act 20 created s.
115.42 (1) (a) 5., Stats., which provides an additional requirement, that an applicant must have a rating of “effective" or “highly effective" in the applicable educator effectiveness system, in order to receive a grant for national teacher certification or master educator licensure. 2013 Wisconsin Act also created s.
115.42 (2) (d), Stats., which states that in any of the 9 years following receipt of a grant, if the grant recipient fails to maintain a rating of “effective" or “highly effective" in the applicable educator effectiveness system, as determined by the department, he or she is not eligible for a grant in that school year.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
This proposed rule change is needed to align ch.
PI 37 with the statutory changes in the 2013-15 budget.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
115.42 Grants for national teacher certification or master educator licensure.
(4) The department shall promulgate rules to implement and administer this section, including rules relating to all of the following:
(a) The application process, including necessary documentation.
(b) The selection process for grant recipients.
(c) The number of times that a teacher may be exempt from continuing professional education requirements under sub. (3).
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The amount of time needed for rule development by department staff and the amount of other resources necessary are indeterminate.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rule change could impact public schools, including charter schools.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
N/A.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The proposed rules will have no significant economic impact on small businesses, as defined in s.
227.114 (1), Stats.
9. Agency Contact
Policy and Budget Team
Katie Schumacher
(608) 267-9127
Revenue
This scope statement was approved by the governor on August 21, 2013.
Rule No.
Relating to
Property tax administration.
1. Finding/Nature of the Emergency (Emergency Rule Only)
N/A.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rule will repeal ss. Tax 20.01 to 20.03 because
2013 Wisconsin Act 20 repealed the department's rule-making authority under Wis. Stat. s. 73.03 (66).
3. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Changes to s.
Tax 12.50 will reflect the legislature's policy decision to include biogas and synthetic gas energy systems under the renewable energy system property tax exemption.
The alternative is to leave the rule out of sync with the statute.
2013 Wisconsin Act 20 repealed the appropriation found in Wis. Stat. s. 20.835 (3) (qb) and the associated rule-making authority in Wis. Stat. s.
73.03 (66). The legislature has clearly identified a policy that the department should no longer appropriate lottery funds to the school levy tax credit. Repealing the rule associated with this legislative change is the only alternative, particularly in light of the legislature's repeal of the department's rule-making authority in Wis. Stat. s.
73.03 (66).
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
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 . . .
[It shall be the duty of the department of revenue, and it shall have power and authority:] To have and exercise general supervision over the administration of the assessment and tax laws of the state, over assessors, boards of review, supervisors of equalization, and assessors of incomes, and over the county boards in the performance of their duties in making the taxation district assessment, to the end that all assessments of property be made relatively just and equal at full value and that all assessments of income may be legally and accurately made in substantial compliance with law.
ENERGY SYSTEMS. Biogas or synthetic gas energy systems, solar energy systems, and wind energy systems. In this subsection, “biogas or synthetic gas energy system" means equipment which directly converts biomass, as defined under section
45K (c) (3) of the Internal Revenue Code, as interpreted by the Internal Revenue Service, into biogas or synthetic gas, equipment which generates electricity, heat, or compressed natural gas exclusively from biogas or synthetic gas, equipment which is used exclusively for the direct transfer or storage of biomass, biogas, or synthetic gas, and any structure used exclusively to shelter or operate such equipment, or the portion of any structure used in part to shelter or operate such equipment that is allocable to such use, if all such equipment, and any such structure, is located at the same site, and includes manure, substrate, and other feedstock collection and delivery systems, pumping and processing equipment, gasifiers and digester tanks, biogas and synthetic gas cleaning and compression equipment, fiber separation and drying equipment, and heat recovery equipment, but does not include equipment or components that are present as part of a conventional energy system. In this subsection, “synthetic gas" is a gas that qualifies as a renewable resource under s.
196.378 (1) (h) 1. h. In this subsection, “solar energy system" means equipment which directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy, but does not include equipment or components that would be present as part of a conventional energy system or a system that operates without mechanical means. In this subsection, “wind energy system" means equipment which converts and then transfers or stores energy from the wind into usable forms of energy, but does not include equipment or components that would be present as part of a conventional energy system.
The department is clearly tasked with administering the tax laws of the state, including personal property tax exemptions in Wis. Stat. s.
70.111 (18). The department finds that chapter Tax 12.50 is necessary to effectuate the purpose of Wis. Stat. s.
70.111 (18).
[It shall be the duty of the department of revenue, and it shall have power and authority:] To promulgate rules to ensure that the payments under s.
79.10 (4) made from the appropriation account under s.
20.835 (3) (qb) are used exclusively for school levy tax credits granted to state residents.
