Wisconsin Administrative Register No. 510, 6/30/1998

Wisconsin

Administrative

Register

No. 510

Publication Date: June 30, 1998

Effective Date: July 1, 1998

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

- See PDF for diagram

[phone] ○ Fax [phone]

Bruce Munson

Revisor of Statutes

[e-mail]

Gary L. Poulson

Deputy Revisor of Statutes

Assistant Revisor-Administrative Code

[e-mail]

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T a b l e o f C o n t e n t s

Emergency Rules Now In Effect.	Pages 7 to 17.
Agriculture, Trade and Consumer Protection:	Rules relating to the sales and use of pesticides containing clomazone. Rules relating to fish farms and imports of live fish and fish eggs.
Commerce:	Petroleum Environmental Cleanup Fund, Ch. ILHR 47 Rules relating to the Petroleum Environmental Cleanup Fund.
Commerce:	Building and Heating, etc., Chs. 50-64 Multifamily Dwellings, Ch. 66 Rules relating to the commercial building and multi-family codes. Building and Heating, etc., Chs. 50-64 Rule adopted revising ch. ILHR 57, relating to exemption from accessibility laws for specific multifamily dwellings with separate exterior entrances. [FIRST APPEARANCE]
Commerce:	Barrier Free Design, Ch. Comm 69 Rule relating to vertical access to press box facilities.
Commerce:	Financial Resources for Businesses and Communities, Chs. Comm 105 to 128 Rules relating to the Brownfields Grant Program.
Corrections:	Rule relating to custody and detention of felony probationers and parolees.
Health & Family Services:	Health, Chs. HSS/HFS 110-- Rules relating to restaurants. Rules relating to subsidized health insurance for persons with HIV.
Insurance:	Rule relating to a decrease in premium rates for the Health Insurance Risk-Sharing Plan, effective January 1, 1998. Rules relating to a decrease in premium rates for the Health Insurance Risk-Sharing Plan (HIRSP) and correcting errors in the published rate table. Rules relating to a deductible alternative to HIRSP. Rules relating to the Wisconsin Insurance Program (WIP).
Natural Resources:	Fish, Game, etc., Chs. NR 1- Rules relating to reservations for state parks, forests and other lands. Rules relating to the private forest landowner grant program. Rule relating to bag limits for walleye.
Natural Resources:	Environmental Protection-General, Chs. NR 100- Rules relating to the Safe Drinking Water Loan Program.
Natural Resources:	Environmental Protection-Water Regulation, Chs. NR 300- Rules relating to fees for waterway and wetland permit decisions.
Natural Resources:	Environmental Protection--Air Pollution Control, Chs. NR 400-- Rule relating to emission limitations for motor vehicles.
Public Instruction:	Rules relating to full-time open enrollment. Rules relating to the youth options program.
Public Service Commission:	Rules relating to the provision of universal telecommunications service and administration of the universal service fund and establishing the Education Telecommunication Access Program.
Technical College System:	Rules relating to Faculty Development Grants.
Workforce Development:	Economic Support, Chs. DWD 11 to 59 Rules relating to Learnfare.
Workforce Development:	Wage Rates, Chs. DWD 290-294 Rules relating to prevailing wage rates for state and local public works projects.
Scope Statements.	Pages 18 to 23.
Financial Institutions:	Savings Institutions DFI-SB and DFI-SL Code - Relating to codifying a policy authorizing savings banks and savings & loan associations to invest in subsidiary limited liability companies.
Natural Resources:	NR Code - Relating to boating.
Natural Resources:	NR Code - Relating to addition of capacity development requirements for public water systems in ch. NR 809.
Pharmacy Examining Board:	Phar Code - Relating to establishing requirements and procedures for the administration of a drug product or device by a pharmacist.
Pharmacy Examining Board:	Phar Code - Relating to establishing the criteria for approving providers of courses relating to a pharmacist's administration of prescribed drug products and devices, and vaccines, as well as the continuing education coursework required for the biennial renewal of a pharmacist's license.
Public Service Commission:	PSC Code - Relating to rules to establish an educational telecommunications access program (per TEACH WI).
Public Service Commission:	PSC Code - Relating to the regulation of water and sewer service in mobile home parks.
Public Service Commission:	Ch. PSC 100 - Relating to rules that establish requirements and procedures applicable to an affiliated interest applying for approval to own, control or operate a wholesale merchant plant.
Public Service Commission:	Ch. PSC 117 - Relating to the creation of rules establishing requirements and procedures for the Commission in setting rates for retail electric service, to reflect the assignment of costs and the treatment of revenues from sales to customers outside this state that the public utility does not have a duty to serve.
Regulation & Licensing:	RL Code - Relating to requirements and standards for the practice of massage therapy or bodywork by a registrant, including a code of ethics that governs a registrant's practice.
Regulation & Licensing:	RL Code - Relating to regulation of home inspectors.
Transportation:	Ch. Trans 101 - Relating to providing that "operating after revocation" and "operating after suspension" offenses be counted as three point offenses, effective August 1, 1998.
Transportation:	Ch. Trans 157 - Relating to titling of vehicles held by trusts.
Transportation:	Ch. Trans 320 - Relating to providing revenue from fees charged to event organizers and motor carrier companies for traffic enforcement and escort services provided by the State Patrol beyond the normal traffic enforcement and safety tasks.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 24 to 25.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 48 - Relating to the drainage districts.
Commerce:	Chs. Comm 83, 85 and 91 - Relating to private onsite wastewater treatment systems (POWTS).
Health & Family Services:	S. HFS 196.03 (11r) - Relating to restaurants and the definition of "incidental food service".
Insurance:	Ch. Ins 26 - Relating to the application process and requirements of prelicensing education for insurance agents.
Insurance:	Ch. Ins 28 - Relating to the requirements for continuing education for insurance intermediaries.
Natural Resources:	Ch. NR 10 - Relating to the 1998 migratory game bird season.
Natural Resources:	Chs. NR 12 and 19 - Relating to the wildlife damage abatement and claims programs.
Natural Resources:	S. NR 20.037 (2) - Relating to the walleye bag limit adjustment after the spring spearing season.
Public Defender:	S. PD 3.02 - Relating to the cost of retained counsel.
Transportation:	Ch. Trans 132 - Relating to temporary license plate and permits.
Notices of Hearings or of Proposed Rules.	Pages 26 to 38.
Commerce:	Plumbing, Chs. Comm 82-87 Hearings to consider revision to chs. Comm 83 and 85 and creation of ch. Comm 91, relating to private onsite wastewater treatment systems (POWTS).
Health & Family Services:	Community Services, Chs. HFS/HSS 30-- Proposed revision to ch. HFS 89, relating to residential care apartment complexes.
Health & Family Services:	Health, Chs. HFS/HSS 110-- Hearing to consider revision of ch. HFS 167, relating to the statewide poison control system.
Insurance:	Hearing to consider revision of ch. Ins 26 and ss. Ins 6.59 and 6.61, relating to prelicensing education for insurance agents. Hearing to consider revision to ch. Ins 28 and ss. Ins 6.58 and 6.59, relating to continuing education for insurance intermediaries.
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Hearings to consider revision to ch. NR 10, relating to the 1998 migratory game bird season. Hearing to consider revision to ch. NR 10, relating to deer hunting in management unit 67A. Hearings to consider revisions to chs. NR 12 and 19, relating to the wildlife damage claim program. Hearing to consider s. NR 20.037 (2), relating to readjustment of daily bag limits for walleye, in response to tribal harvest. Hearings to consider subch. VII, ch. NR 47, relating to the private forest landowner grant program.
Public Defender:	Hearing to consider amending s. PD 3.02 (1), relating to the cost of retained counsel.
Transportation:	Hearing to consider ch. Trans 132, relating to temporary license plates and permits.
Workforce Development:	Worker's Compensation, Chs. DWD 80-82 Hearing to consider revision to ch. DWD 80, relating to self-insurance.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 39.
Agriculture, Trade & Consumer Protection:	(CR 98-14) - Chs. ATCP 32, 33 and 35
Commerce:	(CR 97-138) - Chs. ILHR 20-25
Health & Family Services:	(CR 97-126) - SS. HSS 45.05 (11) and HFS 46.06 (11)
Natural Resources:	(CR 98-18) - Chs. NR 500, 502, 507, 512, 520 & 680 and ss. NR 504.09, 509.07, 514.04 & 620.15
Natural Resources:	(CR 98-21) - SS. NR 487.03, 487.05, 487.07. 487.09 and 487.10
Natural Resources:	(CR 98-22) - Ch. NR 10 and ss. NR 11.10, 15.02, 19.09 19.30 and 27.03
Natural Resources:	(CR 98-23) - Chs. NR 20 & 26 and ss. NR 21.04, 23.05 & 25.10
Natural Resources:	(CR 98-24) - Chs. NR 10 & 11 and ss. NR 15.02 & 45.09
Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board:	(CR 97-119) - SS. SFC 1.05 (2) & (4), 11.035, 14.01 (2) and 14.02 (2)
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 40.
Financial Institutions:	(CR 98-4) - SS. S-L 13.03 and DFI-SL 13.03 (3) (d) 6.
Hearing & Speech Examining Board:	(CR 98-12) - Chs. HAS 1 to 7
Natural Resources:	(CR 97-140) - SS. NR 10.001 and 10.102
Natural Resources:	(CR 98-25) - Ch. NR 166
Public Instruction:	(CR 98-10) - Ch. PI 36
Public Instruction:	(CR 98-11) - Ch. PI 40
Regulation & Licensing:	(CR 98-8) - Chs. RL 11 to 13, 16 to 18 and 22 to 26
Transportation:	(CR 98-40) - S. Trans 276.07 (31)
University of Wisconsin:	(CR 97-149) - S. UWS 18.06
Veterans Affairs:	(CR 98-37) - Chs. VA 1 to 4, 11 and 13
Rules Published in this Wis. Adm. Register.	Page 41.
Administration:	(CR 98-5) - SS. WGC 13.05 (3) (a) and 13.15 (4) (c)
Agriculture, Trade & Consumer Protection:	(CR 97-127) - Chs. ATCP 90 & 91
Commerce:	(CR 98-6) - Chs. Comm 122 & 128
Corrections:	(CR 96-180) - SS. DOC 308.01, 308.03 and 308.04
Corrections:	(CR 98-2) - SS. DOC 328.04 (3) (o) & (p), 332.015, 332.02 (2) to (7) and 332.15 to 332.18
Employe Trust Funds:	(CR 96-145) - S. ETF 10.12 (4)
Employe Trust Funds:	(CR 97-73) - S. ETF 10.08
Employe Trust Funds:	(CR 97-104) - S. ETF 10.65
Employe Trust Funds:	(CR 97-105) - S. ETF 10.79
Natural Resources:	(CR 97-123) - S. NR 20.13 (2) (a) and (c)
Natural Resources:	(CR 97-141) - Ch. NR 149
Physical Therapists Affiliated Credentialing Board:	(CR 97-133) - SS. PT 1.01, 1.03, 2.01, 2.02, 3.01, 4.01 & 6.01 and ch. PT 8
State Fair Park Board:	(CR 98-3) - SS. SFP 2.07, 2.16 and 2.18 and ch. SFP 7
Tourism:	(CR 97-155) - SS. Tour 1.02, 1.03 and 1.05
Transportation:	(CR 97-154) - Ch. Trans 512
Sections Affected by Rule Revisions or Corrections.	Pages 42 to 43.
REVISIONS
Agriculture, Trade & Consumer Protection:	Chs. ATCP 90, 91 and 92
Commerce:	Financial Resources for Businesses & Communities, Chs. Comm 105-128 Chs. Comm 122 and 128
Corrections:	Chs. DOC 308, 328 and 332
Employe Trust Funds:	Ch. ETF 10
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Ch. NR 20
Natural Resources:	Environmental Protection--General, Chs. NR 100-- Ch. NR 149
Physical Therapists Affiliated Credentialing Board:	Chs. PT 1 to 4, 6 and 8
State Fair Park Board:	Chs. SFP 2 and 7
Tourism:	Ch. Tour 1
Transportation:	Ch. Trans 512
EDITORIAL CORRECTIONS
Commerce:	Petition for Variance Procedures, Ch. Comm 3 Ch. Comm 3
Commerce:	Signs for Smoking Areas, Ch. Comm 4 Ch. Comm 4
Corrections:	Ch. DOC 331
Employe Trust Funds:	Ch. ETF 10
Physical Therapists Affiliated Credentialing Board:	Ch. PT 7
State Fair Park Board:	Ch. SFP 2
ERRATA
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Ch. NR 20
Final Regulatory Flexibility Analyses.	Pages 44 to 46.
1. Administration:	(CR 98-5) - SS. WGC 13.05 (3) (a) and 13.15 (4) (c)
2. Agriculture, Trade & Consumer Protection:	(CR 97-127) - Chs. ATCP 90, 91 and 92
3. Commerce:	(CR 98-6) - Chs. Comm 122 & 128
4. Corrections:	(CR 96-180) - SS. DOC 308.01, 308.03 and 308.04
5. Corrections:	(CR 98-2) - Chs. DOC 328 and 332
6. Employe Trust Funds:	(CR 96-145) - S. ETF 10.12 (4)
7. Employe Trust Funds:	(CR 97-73) - S. ETF 10.08
8. Employe Trust Funds:	(CR 97-104) - S. ETF 10.65
9. Employe Trust Funds:	(CR 97-105) - S. ETF 10.79
10. Natural Resources:	(CR 97-123) - S. NR 20.13 (2) (a) and (c)
11. Natural Resources:	(CR 97-141) - Ch. NR 149
12. Physical Therapists Affiliated Credentialing Board:	(CR 97-133) - SS. PT 1.01, 1.03, 2.01, 2.02, 3.01, 4.01 & 6.01 and ch. PT 8
13. State Fair Park Board:	(CR 98-3) - Chs. SFP 2 and 7
14. Tourism:	(CR 97-155) - SS. Tour 1.02, 1.03 and 1.05
15. Transportation:	(CR 97-154) - Ch. Trans 512
Executive Orders.	Page 47.
Executive Order #333:	Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff on Memorial Day.
Executive Order #334:	Relating to the Repeal and Re-Establishment of the State Interagency Coordinating Council.
Executive Order #335:	Relating to the Creation of the Governor's Blue Ribbon Task Force on Aquaculture.
Executive Order #336:	Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for the Memory of the Late Barry M. Goldwater, Former United States Senator from the State of Arizona.
Executive Order #337:	Relating to a Proclamation of a State of Emergency.
Public Notices.	Pages 48 to 52.
Health & Family Services:	Public notice relating to Medical Assistance reimbursement of nursing homes.
Health & Family Services:	Public notice relating to Medical Assistance reimbursement of hospitals.
Transportation:	Public notice relating to August 1, 1998 effective date for Sections 58 and 151 of 1997 Wis. Act 84.

E m e r g e n c y R u l e s N o w I n E f f e c t

Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.

Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.

Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.

Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.

EMERGENCY RULES NOW IN EFFECT (2)

Agriculture, Trade & Consumer Protection

1. Rules adopted creating Ch. ATCP 36, relating to the sale and use of pesticides containing the active ingredient clomazone.

Finding of Emergency

(1) Pesticides containing the active ingredient clomazone are used at spring planting on soybeans, tobacco, peppers, pumpkins, peas, cabbage and cucumbers. Clomazone is an effective herbicide which inhibits the formation of chlorophyll in target weeds.

(2) Clomazone is volatile. Off-target movement from clomazone applications can affect non-target plants located hundreds of feet from the application site. Off-target movement from clomazone applications can damage non-target plants by inhibiting the formation of chlorophyll in those plants.

(3) Off-target movement has occurred in many clomazone applications to date. Non-target plants exposed to off-target movement from clomazone applications turn yellow or white. Damage from 1997 clomazone applications was apparently more severe and long lasting than in prior years. In 1997, the department received 49 complaints of off-target movement to non-target plants. These complaints comprised 20% of all pesticide complaints received by the department in 1997. Department field staff report that these complaints represented only a fraction of the total number of clomazone off-target movement incidents that occurred. Off-target movement incidents have caused widespread public anger and concern, and have impaired public confidence in pesticide applications.

(4) The department proposes to adopt rules restricting the use of clomazone herbicides. The proposed restrictions are reasonably designed to reduce or eliminate damage to non-target plants from clomazone applications. Without these restrictions, continued clomazone applications will likely result in continued incidents of off-target movement and nontarget damage during the 1998 planting and growing season.

(5) Clomazone herbicides are commonly applied during spring planting. The department must adopt restrictions by emergency rule in order for those restrictions to take effect prior to the 1998 spring planting and application period. The department finds that an emergency rule under s. 227.24, Stats., is imperatively required to preserve the public peace and welfare in 1998, pending completion of normal rulemaking procedures under ch. 227, Stats.

Publication Date: March 15, 1998