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
Katie Schumacher
Budget and Policy Analyst
Wisconsin Department of Public Instruction
(608) 267-9127
Text of Rule
SECTION 1. PI 34.35 (1) (c) is amended to read:
PI 34.35 (1) (c) “Immoral conduct"
means conduct or behavior which is contrary to commonly accepted moral or ethical standards and endangers the health, welfare, safety or education of any pupil has the meaning defined in s. 115.31 (1) (c), Stats.
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 34, Teacher Education Program Approval and Licenses
|
Subject
|
The Definition of Immoral Conduct
|
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
|
The change in statutory definition, which will be reflected in the rule, was designed to specify that the intentional use of an educational agency's equipment to download, view, solicit, seek, display or distribute pornographic material was included in the definition of immoral conduct and was conduct for which a WI educator license could be revoked by the State Superintendent.
|
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. The definition of immoral conduct was changed in 2011 Wisconsin Act 84; modification of this rule to reflect that statutory change will have no fiscal effect.
State:
No fiscal effect.
|
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The Legislature intended to clarify what was included in the definition of immoral conduct by specifying that the definition includes the intentional downloading, viewing, or distributing of pornography on an educational agency's equipment.
|
Long Range Implications of Implementing the Rule
|
Modification 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 Hearing
Safety and Professional Services —
Controlled Substances Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Controlled Substances Board in ss.
961.11 (1) and
961.11 (4m), Wis. Stats., and interpreting s.
961.14, Wis. Stats., the Controlled Substances Board will hold a public hearing at the time and place indicated below to consider emergency rule creating s.
CSB 2.36, relating to scheduling controlled substances.
Hearing Information
Date: Monday, November 11, 2013
Time: 9:00 a.m..
Location: 1400 East Washington Avenue
Room 121A
Madison, WI
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 8935, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to
sharon.henes@wisconsin.gov. Comments must be received at or before the public hearing to be held on
November 11, 2013, to be included in the record of rule-making proceedings.
Copies of Rule
Finding of Emergency
The Controlled Substances Board finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
The Brown County District Attorney's office has provided the Controlled Substances Board with information relevant to emergency scheduling and the commencement of a prosecution concerning a controlled substance analog. UR-144, XLR-11, and AKB48 are pharmacologically similar to Schedule I substances THC and JWH-018. By sharing pharmacological similarities with the Schedule I substances, synthetic cannabinoids pose a risk both to the individual user and other affected individuals. UR-144, XLR-11, and AKB48 are being marketed as “legal" alternatives to marijuana. This characterization (and the reputation as potent herbal intoxicants) has increased their popularity and prevalence.
The Controlled Substances Board finds that scheduling of UR-144, XLR-11, and AKB48 on an emergency basis is necessary to avoid an imminent hazard to the public safety. The substances are not included in any other schedule and no exemption or approval is in effect for the substance under
21 USC 355.
On May 16, 2013, the U.S. Department of Justice Drug Enforcement Administration emergency scheduled UR-144, XLR11, and AKB48 as Schedule I, illegal drugs under the Controlled Substances Act.
Analysis Prepared by the Department
Statutes interpreted
Statutory authority
Explanation of agency authority
The controlled substances board shall administer this subchapter and may add substances to or delete or reschedule all substances listed in the schedules in ss.
961.14,
961.16,
961.18,
961.20, and
961.22, Stats., pursuant to the rule-making procedures of ch.
227, Stats.
The controlled substances board, by rule and without regard to the requirements of sub. (1m), may schedule a controlled substance analog as a substance in schedule I regardless of whether the substance is substantially similar to a controlled substance in schedule I or II, if the board finds that scheduling of the substance on an emergency basis is necessary to avoid an imminent hazard to the public safety and the substance is not included in any other schedule or no exemption or approval is in effect for the substance under
21 USC 355. Upon receipt of notice under s.
961.25, Stats., the board shall initiate scheduling of the controlled substance analog on an emergency basis under this subsection. The scheduling of a controlled substance analog under this subsection expires one year after the adoption of the scheduling rule. With respect to the finding of an imminent hazard to the public safety, the board shall consider whether the substance has been scheduled on a temporary basis under federal law or factors under sub. (1m) (d), (e), and (f), and may also consider clandestine importation, manufacture or distribution, and, if available, information concerning the other factors under sub. (1m). The board may not promulgate a rule under this subsection until it initiates a rule-making proceeding under subs. (1), (1m), (1r), and (2) with respect to the controlled substance analog. A rule promulgated under this subsection lapses upon the conclusion of the rule-making proceeding initiated under subs. (1), (1m), (1r), and (2)
with respect to the substance.
Related statute or rule
Plain language analysis
This rule schedules three substances commonly known as UR-144, XLR-11, and AKB48 as Schedule I controlled substances.
Summary of, and comparison with, existing or proposed federal regulation
On May 16, 2013, the U.S. Department of Justice Drug Enforcement Administration emergency scheduled UR-144, XLR-11, and AKB48 as Schedule I, illegal drugs under the Controlled Substances Act.
Comparison with rules in adjacent states
Illinois: A review of the Illinois Controlled Substances Act does not indicate scheduling of these three substances.
Iowa: On July 9, 2013, the Iowa Pharmacy Board temporarily classified these three substances as Schedule I controlled substances. The temporary scheduling action by emergency action will remain effective until 60 days following the commencement of the next legislative session, during which time the Iowa Legislature will determine whether to add the substances to the Iowa Controlled Substances Act.
Michigan: These three substances are scheduled in Michigan based upon any other synthetic chemical compound that is a cannabinoid receptor agonist and mimics the pharmacological effect of naturally occurring cannabinoids that is not listed in schedules II through V and is not approved by the federal food and drug administration as a drug.
Minnesota: A review of the Minnesota Controlled Substances Act does not indicate scheduling of these three substances.
Summary of factual data and analytical methodologies
Based upon the Brown County District Attorney's request for emergency scheduling and the federal government's emergency scheduling, the Controlled Substances Board decided to schedule UR-144, XLR-11, and AKB48.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
This proposed rule schedules three synthetic cannabinoid substances as Schedule I controlled substances which will not have an effect on small business.
Fiscal Estimate
This proposed rule will have no fiscal impact.
Effect on Small Business
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
tom.engels@wisconsin.gov, or by calling (608) 266-8608.
Text of Rule
Section 1. CSB 2.36 is created to read:
CSB 2.36 Additions to Schedule 1.
Section
961.14 (4) (ta) AKB48: 1-pentyl-N-(1-adamantyl)-1H-indazole-3-carboxamide.
Section
961.14 (4) (tym) UR-144: 1-pentyl-3-(2,2,3,3-tetramethylcyclopropoyl)indole
Section
961.14 (4) (tz) XLR-11: 1-(5-fluoropentyl)-3-(2,2,3,3-tetramethylcyclopropoyl)indole
Section 2. EFFECTIVE DATE. Pursuant to s.
227.24 (1) (c), Stats., these rules shall take effect upon publication in the official state newspaper. (Effective date was October 13, 2013.)
Notice of Hearing
Safety and Professional Services —
Joint Board of Professional Geologists, Hydrologists and Soil Scientists
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Joint Board of Professional Geologists, Hydrologists and Soil Scientists in ss.
15.08 (5) (b),
227.11 (2) and
470.03 (2), Stats., and interpreting s.
15.405 (2m), Stats., the Joint Board of Professional Geologists, Hydrologists and Soil Scientists will hold a public hearing at the time and place indicated below to consider an order to amend ss.
GHSS 1.01,
1.02,
2.02 (Note), 2.03 (10) (Note), 2.05 (title), 3.02 (Note), 3.06 (10) (Note), 3.05 (title), 4.02 (Note), 4.06 (10) (Note), and 4.05 (title); repeal and recreate s.
GHSS 1.05; and create s.
GHSS 1.055 and ch.
GHSS 6, relating to continuing education requirements for professional geologists, hydrologists and soil scientists.
Hearing Information
Date: Wednesday, November 20, 2013
Time: 9:00 a.m..
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson St.)
Room 121
Madison, WI
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 8935, Madison, Wisconsin 53708-8935. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
