The proposed rules were developed with the assistance of the Elevator Advisory Council. The members of that citizen advisory council are as follows:
Name Representing
Don Annen WI State Fire Chiefs Association, Inc.
Warren Bauer American Inst. of Architects-WI Society
David Koch National Assn. of Elevator Contractors
Bruce Lammi WI Society of Professional Engineers
Steve Lex WI State AFL-CIO
Jeff Lund Waupaca Elevator Company
William Page Accessibility Equip. Manufacturers Assn.
David Rakowski Otis Elevator Company
John Zalewski City of Milwaukee
Andrew Zielke National Elevator Industry, Inc.
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until
July 25, 2003, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing. Written comments should be submitted to Diane Meredith, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email
dmeredith@commerce.state.wi.us.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audiotape format will, to the fullest extent possible, be made available upon request by a person with a disability.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
All small businesses that have elevators, escalators, or lift devices will be affected by these rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Owners of buildings with elevators, escalators, or lift devices will be required to keep a log of the maintenance performed on their equipment, and to make this log available to inspectors.
Owners of hydraulic elevators installed prior to January 1, 1975 and that have below ground cylinders will be required to perform an annual pressure test or a static test to determine if there is an unexplained loss of oil. The average cost to perform these tests is $500 per elevator. If the tests show an unexplained loss of oil, the hydraulic cylinders will need to be replaced.
3. Types of professional skills necessary for compliance with the rules.
None known.
Fiscal Estimate
Note: The estimated cost to perform annual pressure test is $500 per elevator. There are approximately 1750 hydraulic elevators that were installed in Wisconsin and that have below ground cylinders, and of this total, approximately 100 are installed in state owned facilities. It is estimated that, annually, the cost for the Department of Administration to have these tests performed on hydraulic elevators located in state-owned facilities will be $50,000. Local government units will also be impacted, however it is impossible to determine the number of affected hydraulic elevators that are installed in local government buildings throughout the state and the extent of the fiscal impact.
Notice of Hearing
Controlled Substances Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Controlled Substances Board in ss.
961.11 (1) and
961.18, Stats., and interpreting ss.
961.11 and
961.18 (5), Stats., the Controlled Substances Board will hold a public hearing at the time and place indicated below to consider an order to create s.
CSB 2.29, relating to rescheduling buprenorphine from a schedule V controlled substance to a schedule III controlled substance, under the Uniform Controlled Substances Act.
Hearing Date, Time and Location
Date: August 6, 2003
Time: 9:15 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
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 Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by August 6, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: Sections
961.11 and
961.18, Stats.
By final rule of the Drug Enforcement Administration (DEA), adopted effective October 7, 2002, buprenorphine was reclassified from a schedule V controlled substance to a schedule III controlled substance under the federal Controlled Substances Act (CSA). Buprenorphine is currently only classified as a schedule V controlled substance under the Wisconsin Controlled Substances Act in Ch.
961, Stats. The objective of the rule is to bring state classification of buprenorphine into conformity with federal law.
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. Health care providers are also subject to greater record keeping 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. In December 2001, the federal Department of Health and Human Services forwarded a recommendation to reschedule buprenorphine to schedule III of the Controlled Substances Act. (CSA). The recommendation was based on a reevaluation of buprenorphine's abuse potential and dependence profile in light of numerous scientific studies and years of human experience with the drug. The DEA completed an independent eight factor analysis in accordance with
21 U.S.C. 811 (c). The DEA made findings in accordance with
21 U.S.C. 812 (b) that buprenorphine has potential for abuse less than the drugs or other substances in schedules I and II, has currently accepted medical use in treatment in the United States, and abuse may lead to moderate or low physical dependence or high psychological dependence. These findings form basis for the DEA action in rescheduling buprenorphine.
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 be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
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, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Controlled Substances Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Controlled Substances Board in ss.
961.11 (1) and
961.18, Stats., and interpreting ss.
961.11 and
961.18, Stats., the Controlled Substances Board will hold a public hearing at the time and place indicated below to consider an order to create s.
CSB 2.30, relating to the scheduling of a schedule III controlled substance under ch.
961, Stats., the Uniform Controlled Substances Act.
Hearing Date, Time and Location
Date: August 6, 2003
Time: 9:15 A.M.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
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 Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by August 6, 2003 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
By final rule of the Drug Enforcement Administration (DEA), adopted effective March 3, 2000, gamma- hydroxybutric acid (GHB) was classified as a schedule I and schedule III controlled substance under the federal Controlled Substances Act (CSA) pursuant to Public Law 106-172. GHB is currently only classified as a schedule I controlled substance under the Wisconsin Controlled Substances Act in Ch.
961, Stats. The objective of the rule is to bring state classification of GHB into conformity with federal law.
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. Health care providers are also subject to greater record keeping 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 DEA administers the CSA. In doing so, it is empowered to schedule a drug as a controlled substance. Schedule IIII controlled substances are listed in
21 CFR 1308.13. Section 1308.13(c)(5) lists GHB as included in that classification for any drug product containing GHB for which an application is approved under section 505 of the Federal Food, Drug, and Cosmetic Act. Public Law 106-172 authorized the DEA to classify GHB as a schedule I and schedule III controlled substance. This forms basis for the DEA action. The board has been requested to initiate rulemaking to create a GHB classification which mirrors federal law to enable citizens of this state to benefit from FDA approved prescription drug products containing GHB.
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 be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
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, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Financial Institutions-Securities
NOTICE IS HEREBY GIVEN that pursuant to ss.
551.63 (1) and
(2), Stats., the Division of Securities of the Department of Financial Institutions will hold a public hearing at 345 West Washington Avenue, 4th Floor Conference Room, at 10:00 a.m. on
Monday, August 11, 2003 to consider the adoption, amendment and repeal of rules relating to conforming Wisconsin's Securities Law rules concerning broker-dealer books and record-keeping requirements to federally-mandated standards under the Securities Exchange Act of 1934.
Written comments in lieu of public hearing testimony may be submitted which must be received no later than the hearing date and should be addressed to the Administrator of the Division of Securities, 345 West Washington Avenue, PO Box 1768, Madison Wisconsin, 53701.
Analysis Prepared by the Division of Securities of the Department of Financial Institutions
The rulemaking procedures under Ch.
227 of the Wisconsin Statutes are being implemented for the purpose of adopting permanent rules to be in effect upon expiration of emergency rules issued by the Division on May 2, 2003 to conform Wisconsin's Securities Law rules concerning broker-dealer books and record-keeping requirements to federally mandated standards established in rules adopted by the U.S. Securities and Exchange Commission (“SEC") under the Securities Exchange Act of 1934 that became effective on May 2, 2003.
Congress in its passage of the National Securities Markets Improvement Act (“NSMIA") in 1996 prohibited state securities regulators from establishing or enforcing under their state securities laws or rules, record-keeping requirements for securities broker-dealers that are inconsistent with, or not required by, the U.S. Securities and Exchange Commission.
Following passage of NSMIA, the SEC commenced a rule-making process that spanned a several-year period (including a 1998 reproposal of the entirety of the proposed rules for a new public comment period), culminating in adoption in late 2001 of an extensive series of broker-dealer books and records rules for effectiveness commencing May 2, 2003. The SEC's revised books and records rules cover a comprehensive series of areas, including: (1) customer account records; (2) order ticket information; (3) customer complaints; (4) mandated reports and audits; (5) compliance manuals; (6) records maintenance, retention, production and access; and (7) records required to be maintained at a firm's home office and at “local" offices.
Because of the preemptive effects of federal law under NSMIA, all of the existing provisions of the Wisconsin administrative rules in Chapter SEC 4 under the Wisconsin Securities Law dealing with broker-dealer books and records covering the information categories (1) to (6) described above are superseded by the federal rules established by the SEC that became effective May 2, 2003. Additionally, certain existing Wisconsin Rule of Conduct provisions tied to the existing Wisconsin books and records rules need to be revised appropriately.
Consequently, it is necessary to adopt permanent rules (to be in place upon expiration of the emergency rules adopted May 2, 2003) to revise and amend Wisconsin's broker-dealer books and records rules to conform to the federal rules that became effective May 2, 2003, and to remove inconsistent requirements contained in the existing Wisconsin books and record-keeping rules. A subcommittee of the North American Securities Administrators Association (“NASAA"), an organization comprised of the securities administrators of all 50 states, including Wisconsin, has reviewed the impact of the SEC's books and record-keeping rules on existing state securities law licensing rules, and recommended that states utilize the incorporation-by- reference-of-the–federal-rules treatment contained in the proposed permanent rules.
