Scope statements
Controlled Substances Board
Subject
Classify as a schedule I controlled substance under state law 2,5 dimethoxy-4-(n)-propylthiophenethylamine (2C-T-7) and benzylpiperazine (BZP), which have been classified as schedule I controlled substances under federal law.
Objective of the rule. By final rule of the Drug Enforcement Administration (DEA), adopted effective March 10, 2004, 2,5 dimethoxy-4)n)-propylthiophenethylamine (2C-T-7) and benzylpiperazine (BZP) were classified as schedule I controlled substances under the federal Controlled Substances Act (CSA). Neither 2C-T-7 or BZP have been so scheduled under the Wisconsin Controlled Substances Act in Chapter
961, Wis. Stats. The objective of this rule is to bring the treatment of this drug into conformity with that at the federal level.
Policy Analysis
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 its Year 2003 Annual Report, The National Forensic Laboratory Information System (NFLIS) indicates BZP, a substance with effects similar to amphetamines, in 0.18% of total club drugs reported. The DEA has encountered BZP in Wisconsin and reports that it is often sold as MDMA (“Ecstasy") when combined with TFMPP. Abuse of 2C-T-7, which produces hallucinogenic-like effects, increased in 2000 and has also been encountered at “raves" in Wisconsin. Three deaths have been associated with its consumption. The DEA administers the Controlled Substances Act. This forms the basis for the DEA action.
Statutory authority
Staff time required
Total hours: 100.
Transportation
Subject
Objective of the rule. This rule making proposes to amend ch.
Trans 102 to grant persons in or employed by the military forces of the United States the CDL exemption permitted by federal law.
Policy Analysis
Section
343.05 (4) (a) 1., Stats., currently exempts military persons from all state licensing requirements if they are members of the armed services driving a motor vehicle owned by or leased by the federal government.
Section
49 C.F.R. 383.3(c) permits states to exempt drivers operating a commercial motor vehicle for military purposes from CDL requirements. The federal government has requested that Wisconsin exempt all persons operating CMVs for military purposes from CDL requirements without regard to vehicle ownership. This rule making would grant an exemption from CDL requirements for military purposes to the extent permitted by federal law.
Wisconsin could decline to exempt military drivers from CDL requirements as requested by the Federal Motor Carrier Safety Administration. The result would be a finding by the Federal Motor Carrier Safety Administration that Wisconsin does not comply with the requirements of
49 CFR 383.3(c). WisDOT attorneys do not believe federal funding could be legally withheld from Wisconsin for this variance from the federal CDL regulations. Nonetheless, there seems to be little to be gained from a highway safety perspective by denying the military's request for this CDL exemption that is permitted by federal law.
Comparison to federal regulations
Section
49 C.F.R. 383.3(c) permits states to exempt drivers operating a commercial motor vehicle for military purposes from CDL requirements. The federal government has requested that Wisconsin exempt all persons operating CMVs for military purposes from CDL requirements without regard to vehicle ownership. This rule making would grant an exemption from CDL requirements for military purposes to the extent permitted by federal law.
Entities affected by the rule
Persons driving commercial motor vehicles for the United States military.
Statutory authority
Staff time required
5 hours.
Workforce Development
Subject
DWD 129, Unemployment Insurance Benefit Claiming Procedures and Affecting Small Business.
Policy Analysis
Wisconsin Stat. §
108.09 provides that to receive benefits for any given week of unemployment, a claimant shall give notice to the department with respect to such week of unemployment within such time and in such manner as the department may by rule prescribe. Ch.
DWD 129 addresses notice requirements for claiming unemployment insurance benefits. The current language of DWD 129 is often confusing, complicated and in some areas outdated. The proposed rule would include changes to DWD 129.01 as follows. First, the new language will reduce the time for interstate claims from 19 days to 14 days since 95 percent of all weekly claims are filed by telephone and extra time is no longer needed. In addition, the new language will incorporate the words, “otherwise prescribed" for weekly certifications to allow for Internet certifications when they become available. The new language will also codify the department's current procedure for calculation when a claim becomes inactive and a resumed claim required. The new changes will delete the “in-person" option of filing an initial claim for unemployment insurance benefits since the current system does not include filing an initial claim in person.
The proposed rule would also include changes to DWD 129.04. The requirement that a request to set aside a benefit year be in writing will be removed to allow the claimant to make such a request over the phone. The term “other conditions" will be changed to “exceptional circumstances" to be consistent with other code sections where exceptions are considered. The new rule will also allows claimants to set aside a benefit year under specified conditions instead of “exceptional circumstances."
Entities affected by the rule
Employers and employees in Wisconsin.
Comparison to federal regulations
There are no federal standards or regulations for unemployment insurance benefits regarding filing or notice requirements.
Statutory authority
Staff time required
150 hours.
