Scope Statements
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on November 6, 2014.
The Department of Agriculture, Trade and Consumer Protection (DATCP) gives notice, pursuant to s.
227.135, Stats., that it proposes to adopt an emergency administrative rule as follows:
Rule No.
Relating to
Exotic plant pest emergency rule.
Rule Type
Emergency.
1. Description of the Objective of the Rule
An emergency rule authorized by this statement of scope will create county or multi-county or township or multi-township quarantines for an exotic plant pest in counties and townships where the pest is detected. Any emergency rule authorized by this scope statement will be submitted to the Governor for approval pursuant to s.
227.24 (1) (e) 1g, Stats., each time the department finds that a quarantine area for an exotic plant pest is required. The authorization to draft an emergency rule creating a quarantine area pursuant to this statement of scope will expire on the first day following the twelfth month of publication of this statement of scope pursuant to s.
227.135 (3), Stats., and a new statement of scope must be approved and published pursuant to s.
227.135 (2) and
(3), Stats., to continue the authorization of emergency rulemaking related to exotic pest quarantines.
2. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
History and background
DATCP has authority under s.
93.07 (12), Stats., to conduct surveys and inspections for the detection and control of pests injurious to plants, and to make, modify, and enforce reasonable rules needed to prevent the dissemination of pests. DATCP also has plant inspection and pest control authority under s.
94.01, Stats. DATCP may by rule impose restrictions on the importation or movement of serious plant pests, or items that may spread serious plant pests.
In recent years the rate of arrival of new exotic plant pests to the United States has increased significantly. Some of the exotic pests which have already invaded our country include Emerald Ash Borer (EAB), Asian Longhorned Beetle (ALB), Hemlock Woolly Adelgid (HWA), Thousand Cankers Disease (TCD) and Gypsy Moth (GM). The national annual cost of these invasive forest insects to local governments is estimated at over $2 billion; residential property value loss due to exotic forest pests averages $1.5 billion per year nationally. To date, EAB and GM have infested Wisconsin. To focus on one specific example, EAB is an exotic pest that endangers Wisconsin's 770 million ash trees and ash tree resources. This insect has the potential to destroy entire stands of ash, including up to 20% of Wisconsin's urban street trees and residential landscaping trees, and may result in substantial losses to forest ecosystems. The insect can cause great harm to state lands and to the state's tourism and timber industries. At this time, EAB has been identified in twenty-four states including Wisconsin, and two Canadian provinces. Thirty-six Wisconsin counties are currently quarantined to restrict the movement of ash wood in order to prevent the spread of EAB.
Proposed policies
This emergency rule is necessary to create a timely quarantine of the counties or townships, and possibly bordering counties or townships, with new exotic plant pest detections until a federal quarantine is enacted. The federal quarantine will take effect up to eight weeks or longer after a formal submission by the state plant regulatory official. A rule authorized by this statement of scope will do the following:
• Create county or multi-county or township or multi-township quarantines in which an exotic pest is detected. The quarantine will prohibit the movement of all articles potentially harboring the damaging pest. These regulated articles would likely include: firewood, nursery stock, green lumber, and other woody material living, dead, cut or fallen, including logs, stumps, roots, branches and composted and uncomposted chips. Some examples of current plant pests of concern include Emerald Ash Borer (EAB), Asian Longhorned Beetle (ALB), Hemlock Woolly Adelgid (HWA) or Thousand Cankers Disease of Walnut (TCD).
• Provide an exemption for items that have been inspected and certified by a pest control official and are accompanied by a written certificate issued by the pest control official (depending on the specific pest, some products, such as nursery stock, cannot be given an exemption).
• Provide an exemption for businesses that enter into a state or federal compliance agreement. The compliance agreement describes in detail what a company can and cannot do with regulated articles.
Policy alternatives
If DATCP does nothing, potentially infested wood or agricultural products will be allowed to move freely and the department will not be able to regulate its movement. The department would have no regulatory authority in the counties with new exotic plant pest finds, raising the potential of a more rapid spread of an exotic invasive plant pest.
3. Statutory Authority for the Rule (Including the Statutory Citation and Language)
93.07 Department duties. It shall be the duty of the department:
(1) To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
(12) To conduct surveys and inspections for the detection and control of pests injurious to plants, make, modify, and enforce reasonable rules needed to prevent the dissemination of pests, declare and manage emergencies related to the detection and control of pests injurious to plants, provided such declaration does not supersede the authority of the chief state forester under s.
23.114 or the department of natural resources under s.
26.30, and suggest methods of control.
94.01 Plant inspection and pest control authority. In the conduct of survey and inspectional programs for the detection, prevention and control of pests, the department may impose quarantines or such other restrictions on the importation into or movement of plants or other material within the state as necessary to prevent or control the dissemination or spread of injurious pests.
4. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.1 FTE staff time to develop these rules. This includes time required for investigation and analysis, rule drafting, preparing related documents, holding public hearings, and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
5. Description of all Entities that may be Impacted by the Rule
According to the American Forest and Paper Association (December 2012), Wisconsin is first in the nation in forestry jobs, employing over 53,000 workers and annually shipping forest industry products valued over $17.7 billion. Our agricultural industry also annually produces over $1.3 billion in corn grain, and over $510 million in soybeans. Additionally, in 2013 Wisconsin led the nation in cranberry production ($190 million) and ranked third in potato production ($270 million). Wisconsin apple orchards produced a yield of $19.3 million in 2013. This emergency rule could have an impact on persons or companies that deal in any agricultural crop or forest product from the quarantined counties or townships to locations outside of the quarantined counties.
The Wisconsin Department of Tourism reports that travelers to Wisconsin spent a total of $10.8 billion in 2013. Tourism directly sustains an estimated 185,500 jobs, or 7.8% of total employment in the state. Should Wisconsin's forests, parks, and recreational areas be significantly damaged by an exotic plant pest, our tourism industry could also suffer substantially.
Nurseries, firewood producers/dealers, saw mills and farmers that sell or distribute articles potentially harboring the damaging exotic plant pest would all be impacted. In order to sell regulated products outside of a quarantined county, veneer mills and wood processors will have to enter into a compliance agreement with DATCP or APHIS. The agreement authorizes movement of products outside the quarantine only when there is assurance that the movement will not spread the plant pest to other locations. Licensed nursery growers will not be able to sell regulated nursery stock outside of the quarantined counties. Firewood dealers would need to be certified to sell firewood outside of the quarantined counties. Other producers and farmers would be required to treat regulated products with an approved treatment option, should one exist, before movement out of the quarantine. Grain elevators could enter into compliance agreements with DATCP or APHIS.
6. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
In order to limit the spread of exotic plant pests, the Animal and Plant Health Inspection Service of the United States Department of Agriculture (APHIS) has imposed quarantines for EAB in twenty-four states, ALB in three states, and GM in eighteen states. Including Wisconsin, six states plus Canada have imposed an external quarantine for HWA, and sixteen states have done the same for TCD. DATCP rules currently prohibit movement of regulated plant articles from any federally quarantined area except under authorized conditions. This proposed rule is consistent with current state and federal rules.
7. Anticipated Economic Impact
DATCP expects the rule to have minimal economic impact statewide and minimal to moderate economic impact locally.
DATCP Board Authorization
DATCP may not begin drafting a rule until the Governor and the Board of Agriculture, Trade and Consumer Protection approves this scope statement. The Board may not approve this scope statement any sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. The scope statement may not be published in the administrative register until DATCP has received written approval of the scope statement from the Governor. Before the department may publish an emergency rule, it must receive written approval of the proposed emergency rule from the Governor.
Contact Person
Brian Kuhn, Director Bureau of Plant Industry; Phone (608) 224-4590
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on November 7, 2014.
Rule No.
Relating to
Fertilizer mislabeling.
Rule Type
Permanent.
1. Description of the Objective of the Rule
This proposed revision is limited to reviewing whether administrative rule s.
ATCP 40.14 (“ATCP 40.14"), which concerns labeling requirements for the nutrient contents of fertilizer, should be modified or updated. In particular, the current formula in s.
ATCP 40.14 to determine the “economic value" of fertilizer nutrients will be reviewed. DATCP may also propose other modifications to ATCP 40.14 resulting from that review.
Fertilizer product labels must provide minimum guarantees of certain nutrients if those nutrients are represented as part of that fertilizer product. Section
ATCP 40.14 provides criteria to establish whether a fertilizer's nutrient content falls below the label guarantees for those nutrients. If the criteria in the rule are not met, then the fertilizer is deemed mislabeled.
2. Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Background and history
Under current law, DATCP is authorized to regulate the manufacture, distribution, and labeling of fertilizer.
See Wis. Stat. ss.
94.64 to
94.645. Fertilizer is considered to be “any substance, containing one or more plant nutrients, which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth .
…"
See Wis. Stat. s.
94.64 (1) (f). Administrative rules implementing fertilizer regulation are found in subchapter II of Wis. Admin. Code ch.
ATCP 40.
Currently, s.
ATCP 40.14 (titled “Fertilizer content deficiencies") identifies the criteria used to determine whether a fertilizer product label properly states the nutrient content of the product. Under one criterion,
fertilizer is mislabeled if, based on a sample collected and tested as specified in the rule, “[t]he
economic value of primary nutrients actually present is less than 98% of the
economic value of the amounts guaranteed, where the
economic value is calculated according to sub. (3)."
See ss.
ATCP 40.14 (1) (c). (Emphasis added.) The economic value formula provided in s.
ATCP 40.14 (3) states
:
Economic value = {[total nitrogen (N) guarantee] x 2} +
{[total phosphate (P205) guarantee] x
2} + soluble potash (K2O) guarantee}
The multipliers in the economic value formula are based on wholesale costs of nitrogen, phosphate, and potash, which may have changed since the formula was established in the 1970s and therefore could require revision.
Justification and policies
Some fertilizer industry representatives have suggested that either the economic value formula or the percentage listed in s.
ATCP 40.14 (1) (c), or both, need review.
DATCP may examine whether the existing economic value formula accurately represents wholesale prices of these nutrients. DATCP may also examine whether “98% of the economic value of the amounts guaranteed" or another percentage should be used in the formula. DATCP may also review the other criteria described in s.
ATCP 40.14 to determine whether the nutrient content in the fertilizer falls below the fertilizer label's percentage guarantees of those nutrients.
DATCP may consider combinations of the above alternatives or consider other alternatives.
Additionally, DATCP may review s. ATCP. 40.14 as a whole to determine if modifications or updates are needed. DATCP will seek input from the fertilizer industry, interested consumers, and the public at large to determine what, if any, changes are needed to address fertilizer mislabeling. DATCP may amend other rules that are directly impacted by a change to s.
ATCP 40.14, if any.
Policy Alternatives
If this scope statement is approved, DATCP expects to look at various alternatives when reviewing the current fertilizer mislabeling rule, as described above. If DATCP does nothing, then DATCP will be unable to explore any concerns relating to mislabeling that have been posed by some members of the fertilizer industry.
3. Statutory Authority for the Rule (Including the Statutory Citation and Language)
93.07 Department duties. It shall be the duty of the department:
(1) Regulations. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
94.64 Fertilizer.
* * *
(9) Rules. The department may promulgate rules:
* * *
(b) Regulating the sale and labeling of fertilizer, including warning or caution statements or directions for use in connection with the labeling of fertilizer.
(c) Governing methods of sampling, testing, examining and analyzing fertilizer.
(d) Prescribing tolerances for deficiencies found in percentages of plant nutrient guaranteed to be present.
* * *
(f) Establishing standards of identity and purity for fertilizer materials.
4. Estimate of the Amount of Time that State Employees Will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.5 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
5. Description of all entities that may be impacted by the rule
Fertilizer manufacturers and labelers. This rule revision may change the criteria currently being used to establish whether the nutrient contents of fertilizer meets the fertilizer's label guarantees of those nutrients and could include modification of the economic value formula. While this rule revision will not affect any nutrient percentage guarantees that the fertilizer industry makes on fertilizer labels, it may reduce the instances in which tested fertilizer products fail to meet existing labeling criteria in s.
ATCP 40.14.
Consumers of fertilizer products. This rule revision may benefit fertilizer product consumers because the criteria that ensure accurate labeling of guaranteed amounts of nutrient content in fertilizer products will be reexamined and updated if needed.
6. Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
There is no significant federal regulation of fertilizers, although there is a long history of regulation by states.
7. Anticipated economic impact
DATCP expects the proposed rule revision to have minimal to no negative economic impact statewide or locally.
DATCP Board Authorization
DATCP may not begin drafting this rule revision until the Board of Agriculture, Trade and Consumer Protection (Board) approves this scope statement. The Board may not approve this scope statement sooner than 10 days after this scope statement is published in the Wisconsin Administrative Register. If the Board takes no action on the scope statement within 30 days after the scope statement is presented to the Board, the scope statement is considered approved. Before DATCP holds public hearings on this rule, the Board must
approve the hearing draft. The Board must also approve the final draft rule before the department adopts the rule.
Contact Person
Amy Basel, Feed and Fertilizer Program Supervisor, DATCP; Phone (608) 224-4541.
Controlled Substances Board
This statement of scope was approved by the governor on November 12, 2014.
Rule No.
Relating to
Scheduling suvorexant as a schedule IV controlled substance.
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 to schedule suvorexant as a Schedule IV 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 28, 2014, the United States Food and Drug Administration, Drug Enforcement Administration published its final rule in the Federal Register placing suvorexant into Schedule IV of the federal Controlled Substances Act. The scheduling action was effective September 29, 2014. The Controlled Substances Board did not receive an objection to similarly treat suvorexant as a schedule IV under ch.
961, Stats., within 30 days of the date of publication in the federal register of the final order designating tramadol as a controlled substance.
Pursuant to s.
961.11 (4), Stats., the Controlled Substances Board took affirmative action to similarly treat suvorexant under ch.
961, Stats., by creating the following:
CSB 2.38 Addition of suvorexant to schedule IV. Section
961.20 (2) (mr), Stats., is created to read:
961.20 (2) (mr) Suvorexant
The Affirmative Action order, dated October 8, 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 July 2, 2014, the United States Food and Drug Administration, Drug Enforcement Administration published its final rule in the Federal Register placing suvorexant into Schedule IV of the federal Controlled Substances Act. The scheduling action was effective September 29, 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
Controlled Substances Board
This statement of scope was approved by the governor on November 12, 2014.
Rule No.
Relating to
Scheduling tramadol as a schedule IV controlled substance.
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 to schedule tramadol as a Schedule IV 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 July 2, 2014, the United States Food and Drug Administration, Drug Enforcement Administration published its final rule in the Federal Register placing tramadol into schedule IV of the federal Controlled Substances Act. The scheduling action was effective August 18, 2014. The Controlled Substances Board did not receive an objection to similarly treat tramadol as a schedule IV under ch.
961, Stats., within 30 days of the date of publication in the federal register of the final order designating tramadol as a controlled substance.
Pursuant to s.
961.11 (4), Stats., the Controlled Substances Board took affirmative action to similarly treat tramadol under chapter 961, Stats., by creating the following:
CSB 2.36 Addition of tramadol to schedule IV. Section
961.20 (4) (e), Stats., is created to read:
961.20 (4) (e) Tramadol, including any of its isomers and salts of isomers.
The Affirmative Action order, dated August 14, 2014, took effect on September 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 July 2, 2014, the United States Food and Drug Administration, Drug Enforcement Administration published its final rule in the Federal Register placing tramadol into Schedule IV of the federal Controlled Substances Act. The scheduling action was effective August 18, 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
Controlled Substances Board
This statement of scope was approved by the governor on November 14, 2014.
Rule No.
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.
7. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
It is the department's intent that any new 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 taxable to Wisconsin will not have a significant economic impact on any interstate broker-dealer, investment adviser, investment company, underwriter or small business.
Contact Person
Dale Kleven, (608) 266-8253.
Safety and Professional Services —
Examining Board of Professional Geologists, Hydrologists and Soil Scientists
This statement of scope was approved by the governor on October 20, 2014.
Rule No.
Chapters
GHSS 1 (revise) and
6 (create).
Relating to
Continuing education for professional geologists, hydrologists, and soil scientists.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The legislature granted rulemaking authority to the Board to establish continuing education requirements that a person credentialed by the Board must satisfy to be able to renew a credential. The objective of the proposed rule is to create continuing education requirements.
3. Description of Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Currently continuing education is not required for professional geologists, professional hydrologists and professional soil scientists. The industry is changing with new technologies and continuing education for the professions credentialed by the Board would ensure their professional competency.
The alternative is to not require continuing education and have professionals practicing in the field without education in the current standards of practice of the profession.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
15.08 (5) (b) Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
470.03 (2) Upon the advice of the appropriate section of the examining board, the examining board may promulgate rules that establish continuing education requirements that a person must satisfy to be eligible to renew a license that is issued under this chapter.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
80 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
Licensed professional geologists, professional hydrologists, and professional soil scientists.
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
None
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
Safety and Professional Services —
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
This statement of scope was approved by the governor on October 20, 2014.
Rule No.
Relating to
Supervised hours required for marriage and family therapy licensure.
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 is to correct rules which place a burden on the applicant by going beyond statutory requirements.
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 current rule contains a requirement that an applicant for a marriage and family therapy license must complete their 3,000 hours supervised marriage and family therapy practice in no less than 2 years. The legislature removed the “no less than 2 year" requirement when it inserted the 3,000 hour requirement. The policy proposed is to remove the “in no less than 2 years" requirement.
The alternative to the proposed policy is to continue with rules which place the threshold above the statutory requirement and delay the person from obtaining licensure.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
15.08 (5) (b) Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
457.03 (1) Upon the advice of the social worker section, marriage and family therapist section, and professional counselor section, promulgate rules establishing minimum standards for educational programs that must be completed for certification or licensure under this chapter and for supervised clinical training that must be completed for licensure as a clinical social worker, marriage and family therapist, or professional counselor under this chapter and approve educational programs and supervised clinical training programs in accordance with those standards.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
50 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Marriage and family therapist applicants.
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
None.
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. The rule is not likely to have a significant economic impact on small businesses.
Contact Person
Sharon Henes, Administrative Rules Coordinator, (608) 261-2377
