Relating to
Rescheduling hydrocodone combination products as schedule II controlled substances.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is reschedule hydrocodone combination products from schedule III to schedule II controlled substance.
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
On August 22, 2014, the United States Food and Drug Administration, Drug Enforcement Administration published its final rule in the Federal Register rescheduling hydrocodone combination products from schedule III to schedule II of the federal Controlled Substances Act. The scheduling action was effective October 6, 2014. The Controlled Substances Board did not receive an objection to similarly treat hydrocodone combination products as a Schedule II under ch.
961, Stats., within 30 days of the date of publication in the federal register of the final order designating hydrocodone combination products as a controlled substance.
Pursuant to s.
961.11 (4), Stats., the Controlled Substances Board took affirmative action to similarly treat hydrocodone combination products under ch.
961, Stats., by creating the following:
CSB 2.37 Rescheduling of hydrocodone combination products. Sections 961.18 (5) (c) and (d), Stats., are repealed.
The Affirmative Action order, dated October 7, 2014, will take effect on November 1, 2014, to allow for publication in the Administrative Register and expires upon promulgation of a final rule.
4. Detailed Explanation of Statutory Authority for The Rule (Including the Statutory Citation and Language)
961.11 (2) After considering the factors enumerated in sub. (1m), the controlled substances board shall make findings with respect to them and promulgate a rule controlling the substance upon finding that the substance has a potential for abuse.
961.11 (4) If a substance is designated, rescheduled or deleted as a controlled substance under federal law and notice thereof is given to the controlled substances board, the board by affirmative action shall similarly treat the substance under this chapter after the expiration of 30 days from the date of publication in the federal register of a final order designating the substance as a controlled substance or rescheduling or deleting the substance or from the date of issuance of an order of temporary scheduling under
21 USC 811 (h), unless within that 30-day period, the board or an interested party objects to the treatment of the substance. If no objection is made, the board shall promulgate, without making the determinations or findings required by subs. (1), (1m), (1r) and (2) or s.
961.13,
961.15,
961.17,
961.19 or
961.21, a final rule, for which notice of proposed rulemaking is omitted, designating, rescheduling, temporarily scheduling or deleting the substance. If an objection is made the board shall publish notice of receipt of the objection and the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the board shall make a determination with respect to the treatment of the substance as provided in subs. (1), (1m), (1r) and (2) and shall publish its decision, which shall be final unless altered by statute. Upon publication of an objection to the treatment by the board, action by the board under this chapter is stayed until the board promulgates a rule under sub. (2).
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
25 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
Pharmacists, prescribers, courts, police, and the Controlled Substances Board.
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
On August 22, 2014, the United States Food and Drug Administration, Drug Enforcement Administration published its final rule in the Federal Register rescheduling hydrocodone combination products from schedule III to schedule II of the federal Controlled Substances Act. The scheduling action was effective October 6, 2014.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None to minimal. It is not likely to have a significant economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377
Natural Resources
Fish, Game, etc., Chs.
NR 1—
(DNR #s FH-17-14(E) and FH-18-14)
This statement of scope was approved by the governor on November 7, 2014.
Rule No.
Relating to
Modifications in walleye harvest management in Ceded Territory waters.
Rule Type
Permanent and emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
The Department of Natural Resources (Department) finds that an emergency rule is needed to promote the preservation and protection of public peace, health, safety, and welfare in the Ceded Territory of Wisconsin by minimizing regional social and economic disruption associated with reductions in walleye bag limits on off-reservation waters. Pursuant to treaties signed between the six Wisconsin bands of Lake Superior Ojibwe and the United States and affirmed by Lac Courte Oreilles v Voigt,
700 F. 2d 341 (7th Cir. 1983), the bands have the right to harvest fish from off-reservation waters using efficient methods such as spearing and netting. The current model of reducing angling bag limits in response to annual tribal declarations to ensure a sustainable walleye harvest has become increasingly unpredictable in recent fishing seasons, and angling harvest management may be better accomplished with a stable set of regulations that achieve results similar to annual bag limit adjustments.
Authority to promulgate an emergency rule under this scope will provide the Department with the flexibility necessary to adjust angler regulations to potentially alleviate and minimize regional social and economic disruption associated with reductions in walleye bag limits on off-reservation waters within the Ceded Territory.
2. Detailed Description of the Objective of the Proposed Rule
The proposed rules would allow emergency and permanent changes for making adjustments to fishing regulations in the Ceded Territory to allow more flexibility in responding to tribal declarations and harvest levels. Currently these regulations are prescribed in ss.
NR 20.18,
20.20,
20.36,
20.37, and
23.055, Wis. Adm. Code. In particular, the Department may consider comparable alternatives to bag limit adjustments such as size limit or season adjustments.
Additional rule changes may be pursued which are reasonably related to those discussed here.
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
The proposed rules would make modifications to portions of chs.
NR 20 and
23, Wis. Adm. Code, pertaining to sport fishing regulations on inland and border waters of Wisconsin. These changes are proposed to protect and enhance the State's fish resources.
Current administrative code requires the Department to make changes to angler bag limits for walleye in lakes named for harvest by any of the Chippewa Bands. These bag limit adjustments are designed to prevent exceeding 35% exploitation of individual walleye fisheries by joint tribal and angler harvest. Angler bag limit reductions are designed to accommodate the intended amount of tribal harvest.
Factors affecting expected tribal harvest in 2015 and beyond are currently uncertain and the Department requests approval to consider rule alternatives to bag limit reductions which could accomplish similar controls on angler harvest to preserve a sustainable walleye fishery
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
29.014 (1), Stats., directs the Department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the Department may regulate fishing on and in all interstate boundary waters and outlying waters.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 250 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Licensed sport anglers.
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
The Department is not aware of any existing or proposed federal regulation that would govern sport fishing in Wisconsin's waters.
8. Anticipated Economic Impact of Implementing The Rule
The proposed rule change would impact sport anglers. Changes in angling regulations enacted to accommodate declared, expected, or realized tribal harvest could potentially alleviate and minimize regional social and economic disruption known to be associated with reductions in walleye bag limits on off-reservation waters within the Ceded Territory. Exact economic impact of the rule is unknown, but positive impact is expected for businesses or business associations by virtue of more predictable, stable angling regulations.
9. Anticipated Number, Month, and Locations of Public Hearings
The Department anticipates holding two public hearings in summer 2015. Hearing cities will be: Madison and Minocqua. If possible, hearings will be combined for the emergency and permanent rules.
The Department will hold these hearings in these locations to gather input from sport anglers and tribal interests.
Contact Person
Revenue
This statement of scope was approved by the governor on November 11, 2014.
Rule No.
Relating to
The apportionment of Wisconsin apportionable income of interstate brokers-dealers, investment advisers, investment companies, and underwriters.
Rule Type
Permanent.
1. Detailed Description of the Objective of the Proposed Rule
The department's objective is to evaluate other methods of assigning gross receipts from the sale of “trading assets" to Wisconsin in s.
Tax 2.495 for purposes of computing the amount of income apportioned to Wisconsin for interstate brokers-dealers, investment advisers, investment companies, and underwriters.
“Trading assets" includes securities, commodities, and related financial instruments that a taxpayer acquires and holds for sale in its inventory account.
2. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Existing policies for assigning the income of interstate brokers-dealers, investment advisers, investment companies, and underwriters to Wisconsin are set forth in the rules. Specifically, s.
Tax 2.495 assigns gross receipts from the sale of trading assets to Wisconsin based on where the day-to-day decisions regarding the trading assets occur. If the day-to-day decisions occur in more than one state, the gross receipts are assigned to Wisconsin if the trading policies and guidelines are established in Wisconsin. There is a rebuttable presumption that the trading policies and guidelines are established at the taxpayer's commercial domicile.
The department will evaluate other methods of assigning gross receipts from the sale of trading assets to Wisconsin for purposes of computing the amount of income apportioned to Wisconsin for interstate brokers-dealers, investment advisers, investment companies and underwriters.
3. Detailed explanation of Statutory Authority tor the Rule (Including the Statutory Citation and Language)
Sections
71.04 (8) (c) and
71.25 (10) (c), Wis. Stats., require the department to promulgate rules for apportioning income of specialized industries, specifically “The net business income of railroads, sleeping car companies, car line companies, pipeline companies,
financial organizations, telecommunications companies, air carriers, and public utilities requiring apportionment shall be apportioned pursuant to rules of the department of revenue, but the income taxed is limited to the income derived from business transacted and property located within the state."
Section
227.11 (2) (a), Wis. Stats., provides “[e]ach 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..."
4. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates it will take approximately 100 hours to develop the rule.
5. List with Description of all Entities that may be Affected by the Proposed Rule
Brokers-dealers, investment advisers, investment companies, and underwriters.
6. 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
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
