Michigan:
Not scheduled.
Provisions relating to permit authorization application requirements and renewal: Michigan requires a research license. Rules deal separately with personal training for euthanasia, thefts and diversion, storage, employees and records. Chapter
338, Michigan Rules.
Minnesota:
As of March 8, 2010, Minnesota classified lisdexamfetamine as a schedule II controlled substance.
Summary of factual data and analytical methodologies
The Wisconsin Controlled Substances Board reviewed the federal rule summary and supplemental information for the scheduling of this substance, and agrees with the conclusions therein regarding the potential for abuse.
Analysis and supporting documents used to determine effect on small business
Since there is no anticipated impact on small business from this rule, no additional compliance, bookkeeping, reporting, recordkeeping or professional skills are required.
Section
227.137, Stats, requires an “agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an “agency" in this section.
Anticipated Costs Incurred By Private Sector
The department finds that this rule has no significant fiscal effect on the private sector.
Small Business Impact
These proposed rules will not have any significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
hector.colon@wisconsin.gov, or by calling (608) 266-8608.
Fiscal Estimate
There is no fiscal impact on the department.
Agency Contact Person
Pamela Haack
Department of Regulation and Licensing
Division of Board Services
1400 East Washington Avenue, Room 116
P.O. Box 8935, Madison, WI 53708-8935
Telephone: (608) 266-0495
Text of Proposed Rule
SECTION 1. CSB 2.35 is created to read:
CSB 2.35 Addition of lisdexamfetamine to schedule II. (1) Section
961.16 (5) (e) is created to read:
Section
961.16 (5) (e) lisdexamfetamine, commonly known as “Vyvanse TM."
Notice of Hearing
Military Affairs
NOTICE IS HEREBY GIVEN that pursuant to s.
321.45 (2), Stats.,the Department of Military Affairs will hold a public hearing on emergency rules and the promulgation of permanent rules to create Chapter
DMA 1, relating to Military Family Financial Aid.
Hearing Information
Date: Wednesday, October 13, 2010
Time: 1:00 p.m. – 2:00 p.m.
Location: MADISON
Witmer Hall
2400 Wright St.
Madison, WI 53704
The public hearing site is accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact Randi Milsap at (608) 242-3072.
Copies of Proposed Rule
Copies of the proposed rule will be provided at the public hearing. Copies may also be obtained at no charge by emailing a request to Randi Milsap at
randi.milsap@wisconsin.gov
Submittal of Written Comments
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at the hearing. Any such comments should be submitted to Randi Milsap, Department of Military Affairs, 2400 Wright St., P. O. Box 14587, Madison, WI 53708-0587. You may also contact Randi Milsap by phone at (608) 242-3072 or email
randi.milsap@wisconsin.gov.
Analysis Prepared by Department of Military Affairs
Statute interpreted
Statutory authority
Explanation of agency authority
The Department of Military Affairs is charged with promulgating rules to administer Military Family Financial Aid under Wis. Stat. 321.45 (2).
Related statute or rule
Plain language analysis
The proposed rule, DMA 1, is being promulgated under the statutory authority of Wis. Stat. s.
321.45 (2) and is designed to provide the process for application and distribution of funds from the military family relief fund for the payment of financial aid to military families as provided under Wis. Stat. s.
20.465 (2) (r).
This rule establishes the eligibility criteria, the amount of financial aid and the application process for military family financial aid. The purpose of the military family financial aid is to provide financial support to service members and their immediate families dealing with emergency situations. The rule requires applicants be a member of the immediate family of a service member, that the service member and the applicant are residents of the state, and that the service member is serving on active duty in the U.S. armed forces.
The application is available free of charge and the fund administrator will make a decision to approve or deny an application within 14 days of the receipt of a completed application. An applicant has 30 days to appeal any final determination by the fund administrator in writing and an addition 30 days to appeal the administrator's decision to the adjutant general.
A governing board comprised of military officials and the fund's executive director will provide oversight of the family aid process, and application records will be archived for 5 years.
Comparison with federal regulations
Each military branch has its own emergency relief organizations. This rule most closely resembles Army Regulation 930-4, which sets out rules for the administration of Army Emergency Relief (AER) assistance.
Active Duty service members, their dependents, some retired service members, and surviving spouses and orphans of service members who died on active duty are eligible to receive aid through AER. Military Family Financial Aid funds are available only to service members on active duty and their immediate family members. Both Army Emergency Relief and Military Family Financial Aid are funded through donations. Military Family Financial Aid will be administered by a Fund Administration committee as the Wisconsin Department of Military Affairs. Army Emergency Relief provides loans and grants to service members, whereas Military Family Financial Aid provides only grants. That aside, the substantive provisions of the Military Family Financial Aid Rule were based in large part on Army Emergency Relief.
Comparison with rules in adjacent states
Illinois:
The Illinois Military Family Relief Fund (IMFRF) is authorized by Title 95 Chapter
2 Part 200 of the Illinois Administrative Code and is funded by a voluntary check off on Illinois individual income tax forms.
The IMFRF provides grants to families of Illinois National Guard members and Illinois residents serving in the U.S. Armed Forces Reserve who are called to active duty as a result of the September 11, 2001 terrorist attacks. IMFRF grants are available to help service members and their families defray the costs of food, housing, utilities, medical services, and other expenses that become difficult to afford when a wage-earner.
The IMFRF provides three tiers of grants. All status and need based grants are awarded on a first-come, first-served basis. A status based grant of $500 is available for National Guard and Reserve soldiers on active duty for a minimum of 60 days with a pay grade below a moderate amount. Members may reapply for the $500 status based grant for every 6 months of consecutive duty.
A need based grant of $2,000 is available for National Guard and Reserve soldiers on active duty for a minimum of 60 days with a pay grade below a moderate amount and the service member's military salary must be at least 30% less than his or her civilian salary. Members may reapply for the $2,000 need based grant for every 6 months of consecutive duty. A casualty based grant of $5,000 is available for Active Duty, National Guard and Reserve soldiers who suffer a service-connected injury.
Iowa:
The State of Iowa has established a Veterans Trust Fund to provide certain services to veterans under Iowa Administrative Code 801 Chapter
14. As of 2009 the trust fund is funded by a Joint Veterans Trust Fund and volunteer fire fighter preparedness fund income tax check off. Trust fund expenditures are approved through the Iowa Veterans Commission.
Funds are used for unemployment or underemployment assistance due to service-related causes, assistance with vision, hearing, dental care, durable medical equipment, and prescription drugs; counseling and substance abuse services; housing repair; and transitional housing in an emergency.
Disbursements are limited to members with income less than 200% of federal poverty level and less than $15,000 in liquid assets. Interest funds are received monthly and approved applicants are placed on a waiting list based on the date received and approved.
Michigan:
The Michigan Military Family Relief Fund is authorized by MI ST 35.1211-35.1216 2004 and is funded by a voluntary check off on Michigan individual income tax forms.
The fund is available to any member of a reserve component of the United States armed forces based in Michigan or who is a resident of Michigan serving in a reserve component of the United States armed forces based in another state and is called to active duty by the president of the United States or the United States secretary of defense as a result of national response to September 11, 2001 or as a response to a national emergency declared by the president of the United States and for which funds are being spent by the federal government.
The fund provides financial assistance for clothing, food, housing, utilities, medical services or prescriptions, insurance payments, vehicle payments, or other related necessities of daily living. The fund covers needs that occurred during the time the individual was on active duty or needs that occurred because the individual has incurred a line of duty injury or illness. Michigan limits the fund to $2,000 in one calendar year for each individual.
Minnesota:
Minnesota does not have a government administrated military family relief fund.
Summary of factual data and analytical methodologies
None.
Analysis and supporting documents used to determine effect on small business
Not necessary.
Small Business Impact
None.
Agency Contact Person
Randi Milsap
Department of Military Affairs
2400 Wright Street
Madison, WI 53708
Telephone: (608) 242-3072
Notice of Hearing
Natural Resources
Fish, Game, Forestry, etc., Chs.
NR 1—
