(608) 266-2011 ○ Fax (608) 264-6978
Bruce Munson
Revisor of Statutes
Gary L. Poulson
Deputy Revisor of Statutes
Assistant Revisor-Administrative Code
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T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
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Pages 5 to 17.
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Agriculture, Trade and Consumer Protection:
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Rules relating to the sales and use of pesticides containing clomazone.
Rules relating to fish farms and imports of live fish and fish eggs.
Rules relating to retail food establishment license exemption for restaurant permit holders.
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Commerce:
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Petroleum Environmental Cleanup Fund, Ch. ILHR 47
Rules relating to the Petroleum Environmental Cleanup Fund.
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Commerce:
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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 relating to exemption from accessibility laws for specific multifamily dwellings with separate exterior entrances.
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Commerce:
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Rental Unit Energy Efficiency, Ch. Comm 67
Rules relating to rental unit energy efficiency.
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Commerce:
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Barrier Free Design, Ch. Comm 69
Rule relating to vertical access to press box facilities.
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Corrections:
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Rule relating to custody and detention of felony probationers and parolees.
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Financial Institutions:
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Securities
Rule relating to federal covered securities and advisors.
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Health & Family Services:
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Health, Chs. HSS/HFS 110--
Rules relating to restaurants.
Rules relating to subsidized health insurance for persons with HIV.
Rules relating to permit and related fees for regulated entities.
Rules relating to the Health Insurance Risk-Sharing Plan (HIRSP).
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Insurance:
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Rules relating to the Wisconsin Insurance Program (WIP).
Rules relating to annual patients compensation fund and mediation fund fees.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1-
Rules relating to reservations for state parks, forests and other lands.
Rule relating to bag limits for walleye.
Rules relating to deer hunting in Unit 67A.
Rules relating to sport fishing for yellow perch in Sauk creek.
Rules relating to wildlife damage abatement and claims program.
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Natural Resources:
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Environmental Protection-Water Regulation,
Chs. NR 300-
Rules relating to fees for waterway and wetland permit decisions.
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Natural Resources:
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Environmental Protection--Air Pollution Control,
Chs. NR 400--
Rule relating to emission limitations for motor vehicles.
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Public Service Commission:
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Rules relating to the provision of universal telecommunications service and administration of the universal service fund and establishing the Education Telecommunication Access Program.
Rules adopted amending s. PSC 4.30, relating to draft environmental impact statements. [FIRST APPEARANCE]
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Technical College System:
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Rules relating to Faculty Development Grants.
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Workforce Development:
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Economic Support, Chs. DWD 11 to 59
Rules relating to Learnfare.
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Workforce Development:
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Prevailing Wage Rates, Chs. DWD 290-294
Rules relating to prevailing wage rates for state and local public works projects.
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Scope Statements.
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Pages 18 to 21.
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Chiropractic Examining Board:
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S. Chir 4.05 (2) (f), (g) & (h) - Relating to prohibited techniques, procedures, practice systems, analyses, methods or protocols that are unsafe, ineffective, or outside the scope of the practice of chiropractic.
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Health & Family Services:
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Ch. HFS 120 - Relating to the Office of Health Care Information.
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Natural Resources:
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Ch. NR 23 - Relating to authorization to draft a rule and conduct a public hearing to add a small area of the Bay of Green Bay to the definition of the Wisconsin-Michigan Boundary waters.
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Natural Resources:
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Ch. NR 47 - Relating to revisions dealing with forestry grants and state aid administration.
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Natural Resources:
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Chs. NR 108, 110, 113, 116, 200 & 206 - Relating to modifications to existing administrative codes addressing DNR's regulation of large-scale soil absorption systems.
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Public Instruction:
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PI Code - Relating to establishing application requirements and criteria for awarding grants under the peer review and mentoring program.
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Transportation:
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Ch. Trans 300 - Relating to school bus equipment standards.
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Workforce Development:
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Ch. DWD 43 - Relating to child support enforcement.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Page 22.
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Commerce:
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Chs. Comm/ILHR 50-64 - Relating to the adopted NFPA Standards in the Building Code.
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Commerce:
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Ch. Comm 69 - Relating to the exemption of elevator access in certain government-owned or operated buildings.
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Regulation & Licensing:
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RL Code - Relating to the issuance and use of administrative warnings.
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Transportation:
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Ch. Trans 157 - Relating to the titling of vehicles held by trusts.
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Transportation:
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Chs. Trans 325, 326 & 328 - Relating to motor carrier safety regulations, motor carrier safety requirements for transportation of hazardous materials, and motor carrier safety requirements for intrastate transportation of hazardous materials.
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Notices of Hearings or of Proposed Rules.
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Pages 23 to 29.
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Agriculture, Trade & Consumer Protection:
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Hearings to consider revision to chs. ATCP 102 and 105, relating to sales below cost and s. 100.30, Stats., “The Unfair Sales Act”.
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Commerce:
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Building, etc, Chs. 50-64
Hearing to consider certain NFPA standards.
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Commerce:
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Barrier-Free Design, Ch. Comm 69
Hearing to consider creation of s. Comm 69.18 (2) (a) 2.c., relating to exemption of elevator accessing certain government-owned or operated buildings.
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Financial Institutions:
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Securities
Hearing to consider revision to chs. DFI-Sec 1 to 9, relating to federal covered securities, adviser and investment adviser representatives.
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Transportation:
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Proposed revision to ch. Trans 157, relating to replacing references to “affidavit” with the term “application” and repealing the provision requiring that the signatures of trustees be notarized or witnessed by a Department employe.
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Transportation:
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Proposed revision to chs. Trans 325 to 238, relating to motor carrier safety regulations.
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Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
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Page 30.
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Agriculture, Trade & Consumer Protection:
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Controlled Substances Board:
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Corrections:
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Public Defender:
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Revenue:
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Technical College System Board:
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Transportation:
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Workforce Development:
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 31.
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Corrections:
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Health & Family Services:
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( CR 98-35) - Chs. HFS 172, 175, 178, 195-198 |
Natural Resources:
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( CR 98-18) - Chs. NR 500, 502, 504, 507, 509, 512, 514, 520, 620 & 680
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Natural Resources:
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Natural Resources:
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( CR 98-22) - Chs. NR 10, 11, 15, 19 & 27 |
Natural Resources:
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Workforce Development:
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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 (3)
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
Effective Date:
March 15, 1998
Expiration Date:
August 12, 1998
Hearing Date:
April 28, 1998
2. Rules adopted creating ss. ATCP 10.68 and 11.58, relating to fish farms and imports of live fish and fish eggs.
Exemption From Finding of Emergency
(1) The department of agriculture trade and consumer protection is adopting this emergency rule to implement s. 95.60, Stats., which was created by 1997 Wis. Act 27.
(2) Section 9104(3xr) of 1997 Wis Act 27 authorizes the department to adopt this emergency rule without the normal finding of emergency. It further provides that the emergency rule will remain in effect until January 1, 1999 or until a permanent rule takes effect, whichever comes first.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory authority: ss. 93.07(1), 95.60(4s)(e) and (5)
Statutes interpreted: s. 95.60
This emergency rule implements s. 95.60, Stats., by doing all of the following:
Establishing an interim procedure for registering fish farms in 1998. The department plans to adopt permanent rules, which may differ from this emergency rule, relating to registration of fish farms after 1998.
Establishing interim permit requirements for importing live fish or fish eggs into Wisconsin.
Requiring fish farm operators and fish importers to keep records.
Fish Farms
Registration
Under s. 95.60, Stats., as enacted by 1997 Wis. Act 27 effective October 14, 1997, the Department of Agriculture, Trade and Consumer Protection (DATCP) is responsible for registering fish farms in Wisconsin. The new annual registration program replaces an annual licensing program previously administered by the Department of Natural Resources (DNR).
DNR licensed more than 2000 fish farms for calendar year 1997. Fish farms previously licensed by DNR must now be registered with DATCP. DATCP's 1998 registration requirement takes effect immediately after DNR's 1997 license requirement expires.
Registration Procedures; General
This emergency rule establishes interim fish farm registration procedures. Under this emergency rule:
⋅ ⋅No person may operate a fish farm without a DATCP registration certificate. A registration certificate expires on December 31, 1998.
⋅ ⋅A registration certificate is effective on the day it is issued except that, if a fish farm operator licensed by DNR in 1997 files a renewal application with DATCP by April 10, 1998, the DATCP registration certificate is retroactive to January 1, 1998.
⋅ ⋅Fish farm registrations are not transferable between persons or locations. A person who operates 2 or more fish farms at non-contiguous locations must obtain a separate registration certificate for each location.
Registration Categories
A fish farm operator must hold a type A, B, C or D registration certificate for that fish farm:
⋅ ⋅A type A registration is normally required for a fish farm at which the operator does any of the following:
*Hatches fish or produces fish eggs at that fish farm for sale or trade to any person.
*Allows public fishing, for a fee, for fish hatched at that fish farm.
⋅ ⋅A type B registration is normally required if the fish farm operator does any of the following and does not hold a type A registration:
*Allows public fishing at the fish farm for a fee.
*Sells or trades fish, from the fish farm, to any person.
⋅⋅A type C registration authorizes the registrant to operate a fish farm. It does not authorize activities for which a type A or B registration is required, except that a type C registrant may do either of the following without a type A or B registration:
*Sell minnows to any person
*Sell fish or fish eggs to a type A registrant.
⋅ ⋅A type D registration authorizes the registrant to sell or trade fish from a fish farm without a type A or B registration if all of the following apply:
*The operator does not hatch fish, produce fish eggs or permit public fishing for a fee at that fish farm.
*The fish farm consists solely of ponds used to hold or grow fish.
*The operator holds a type A or B registration certificate for another fish farm located on a nonadjacent parcel of land.
Registration Fees
This emergency rule establishes the following registration fees:
