Written Comments
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 Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by December 10, 1999, to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 961.11 (1) and (2), 961.15, 961.17 and 961.19
Statutes interpreted: ss. 961.16, 961.18 and 961.20
This proposed rule-making order of the Controlled Substances Board involves the scheduling of six drugs under ch. 961, Stats., the Uniform Controlled Substances Act (CSA). A review the federal controlled Substances Act (FCSA) indicates that the federal Drug Enforcement Administration (DEA) has scheduled five drugs under the FCSA that are not currently scheduled in this state. Also, the DEA has changed the scheduling of one drug resulting in its currently being federally classified differently than in this state.
The proposed rule would add Remifentaril to Schedule II of the CSA, add Fenproporex, Modafinil, Sibutramine and Zolpidem to Schedule IV, and transfer Dronabinol from Schedule II to Schedule III. It also corrects the spelling of the Schedule II drug, Carfentanil.
Drugs that are classified as “controlled substances" under federal and state laws are subject to higher civil and criminal penalties for their illicit possession, distribution and use than other drugs that are not so classified. Health care providers are also subject to greater recordkeeping requirements respecting their obtaining, prescribing and dispensing of such drugs. This is due to the fact that certain drugs have a greater likelihood of abuse, addiction and adverse consequences to patient health if utilized inappropriately than do other drugs. The primary agency involved in investigating and evaluating drugs for their abuse and addictive potential is the FDA. In doing so, it utilizes several factors that are counterparts to those listed in s. 961.11 (1m), Stats., including scientific testing and public input in determining whether a drug should be subjected to higher recordkeeping and penalty provisions for controlled substances, and, if so, into which schedule the medication should be placed. The classifications of the drugs under this rule will bring this state's treatment of them into conformity with that accorded at the federal level.
Text of Rule
SECTION 1. CSB 2.25 is created to read:
CSB 2.25 Addition of remifentanil to schedule II; transfer of dronabinol from schedule II to schedule III; addition of fenproporex, modafinil, sibutramine and zolpidem to schedule IV. (1) Section 961.16 (3) (cm), Stats., is amended to read:
(cm) Carfentanal Carfentanil;
(2) Section 961.16 (3) (xm), Stats., is created to read:
(xm) Remifentanil;
(3) Section 961.16 (1) (a), Stats., is repealed.
(4) Section 961.18 (4m), Stats., is created to read:
(4m) HALLUCINOGENIC SUBSTANCES. Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. food and drug administration approved drug product. (Other names for dronabinol are (61 R-trans)-6a, 7, 8, 10a-tetrahydro-6, 6. 9-trimethyl-3-pentyl-6H-dibenzo(b, d)pyran-1-ol, and (-)-delta-9-(trans)-tetrahydrocannabinol.)
(5) Section 961.20 (2) (o), Stats., is created to read:
(o) Zolpidem.
(6) Section 961.20 (2m) (at), (bu) and (f), Stats., is created to read:
(at) Fenproporex.
(bu) Modafinil.
(f) Sibutramine.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will have no significant economic impact on small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Information
Copies of this proposed rule are available without cost upon request to:
Pamela Haack
Department of Regulation and Licensing
Office of Administrative Rules
1400 East Washington Avenue, Room 171
P.O. Box 8935
Madison, WI 53708
Telephone (608) 266-0495
Notice of Hearing
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
Notice is hereby given that pursuant to ss. 29.039 and 227.11 (2) (a), Stats., interpreting s. 29.039, Stats., the Department of Natural Resources will hold a public hearing on revisions to s. NR 19.27 and the creation of s. NR 19.26, Wis. Adm. Code, relating to regulating the harvest, possession and sale of native amphibians, lizards and snakes which are not listed as threatened or endangered.
Agency Analysis
The proposed rule allows residents to possess 5 specimens of most species with exceptions for several snakes that have lower or no possession limits for specimens harvested within the state. Three snake species, the bullsnake, black rat snake and yellow-bellied racer, are proposed for addition to s. NR 10.02 (protected wild animals). The proposed rule also permits the importation of all native amphibians and reptiles into Wisconsin, except those listed as threatened or endangered, without possession limits. The proposed rule eliminates the sale of all native amphibians and reptiles harvested in Wisconsin except for three amphibian species. The proposed rule does allow for the instate sale of native amphibians and reptiles legally harvested outside of Wisconsin for approved education and research. The proposed rule also establishes permitting and reporting requirements for people collecting the three native amphibians that are legal for sale and for anyone buying, importing and/or selling amphibians and reptiles.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected: Biological supply houses and pet houses.
b. Description of reporting and bookkeeping procedures required: All businesses wishing to sell, barter or trade bullfrogs, leopard frogs, mudpuppies and tiger salamanders will be required to maintain accurate records and submit these records to the Department annually.
c. Description of professional skills required: No new skills.
Environmental Assessment
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review documents would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
Notice is hereby further given that the hearing will be held on:
November 16, 1999 Room 027, GEF #2
Tuesday 101 South Webster St.
at 5:00 p.m. Madison, WI
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Hay at (608) 267-0849 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments and Contact Information
Written comments on the proposed rule may be submitted to Mr. Robert Hay, Bureau of Endangered Resources, P.O. Box 7921, Madison, WI 53707 no later than November 29, 1999. Written comments will have the same weight and effect as oral statements presented at the hearing. A copy of the proposed rule [ER-60-98] and fiscal estimate may be obtained from Mr. Hay.
Fiscal Estimate
Summary of bill:
This proposed rule will establish new harvest, possession and sales regulations for Wisconsin's amphibians and reptiles. Sales will only be authorized upon issuance of a newly-created permit by the Department.
Fiscal impact:
The Endangered Resources program costs associated with this rule are estimated at $1,000 annually in order to administer the permit process for commercial amphibian sales. The DNR anticipates selling approximately 20 permits annually.
Notice of Proposed Rule
Revenue
Notice is hereby given that pursuant to s. 227.11 (2) (a), Stats., and interpreting ss. 77.70 and 77.9941 (1) and (3), Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the Department of Revenue will adopt the following rules as proposed in this notice without public hearing unless, within 30 days after publication of this notice on November 1, 1999, it is petitioned for a public hearing by 25 natural persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Contact Information
Please contact Mark Wipperfurth at (608) 266-8253, if you have any questions regarding this proposed rule order.
Analysis by the Dept. of Revenue
Statutory authority: s. 227.11 (2) (a)
Statutes interpreted: ss. 77.70 and 77.9941 (1) and (3)
SECTION 1. Tax 11.96 is created, to set forth Department policy relating to what constitutes timely delivery to the Secretary of Revenue, of an ordinance to adopt or repeal a county sales and use tax or a premier resort area tax.
Text of Rule
SECTION 1. Tax 11.96 is created to read:
Tax 11.96 Delivery of ordinance; county and premier resort area tax. (1) PURPOSE. This section clarifies requirements for the timely delivery of county sales and use tax and premier resort area tax ordinances to the secretary of revenue.
(2) TIME REQUIREMENT FOR DELIVERY. (a) Adoption ordinance. Any Wisconsin county may impose county sales and use taxes and any Wisconsin municipality or county wholly within a premier resort area under s. 66.307, Stats., may impose a premier resort area tax, by adopting an ordinance. Under ss. 77.70 and 77.9941 (1), Stats., a certified copy of that ordinance shall be delivered to the secretary of revenue at least 120 days prior to its effective date.
(b) Repeal ordinance. Under ss. 77.70 and 77.9941 (3), Stats., a county or municipality described in par. (a) may repeal a county sales and use tax or a premier resort area tax by delivering a certified copy of the repeal ordinance to the secretary of revenue at least 60 days before the effective date of the repeal.
Note: An ordinance to adopt or repeal a county sales and use tax or a premier resort area tax should be mailed to Wisconsin Department of Revenue, Office of the Secretary, P.O. Box 8933, Madison, WI 53708-8933 or delivered to 125 South Webster Street, Madison, Wisconsin.
(3) DELIVERY OF ORDINANCE. An ordinance referred to in s. 77.70 or 77.9941 (1) or (3), Stats., is timely delivered to the secretary of revenue if, by the prescribed number of days before the effective date, any of the following occur:
