Bureau of Integrated Document Services
Document Sales and Distribution Section
P.O. Box 7840
Madison, WI 53707-7840
No orders will be accepted by FAX. For more information, call (608) 266-3358, TTY (608) 264-8499.
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 7 to 19.
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Agriculture, Trade and Consumer Protection:
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Rules relating to grade standards for Colby and Monterey Jack cheese.
Rules relating to fish farms and imports of live fish and fish eggs.
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Commerce:
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Flammable and Combustible Liquids, Ch. Comm 10
Rules relating to storage tanks.
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Commerce:
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Uniform Dwelling, Chs. Comm 20-25
Rule adopted delaying the effective date of the latest revisions to chs. Comm 20-25.
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Commerce:
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PECFA Interagency Responsibilities, Ch. Comm 46
Rules relating to interagency responsibilities with PECFA.
Rules relating to interagency responsibilities with PECFA.
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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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Resources for Communities, etc., Chs. Comm 105-128
Rules relating to volume cap on tax-exempt private activity bonds.
Rules relating to the Wisconsin Development Zone Program.
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Corrections:
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Rules relating to search and seizure of probationers and parolees.
Rules relating to absconders.
Rules relating to chemical castration of child sex offenders.
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Emergency Response Board:
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Rule adopted relating to reporting requirements for fuel present at 10,000 pounds or more at gas stations.
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Financial Institutions:
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Banking
Rules relating to mortgage banking.
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Financial Institutions:
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Securities
Rules relating to alternative accounting guidelines.
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Health & Family Services:
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Management & Technology, etc., Chs. HFS 1--
Rules relating to reporting and investigating caregiver misconduct.
Rules relating to caregiver background checks.
Rules relating to criminal background checks.
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Health & Family Services:
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Community Services, Chs. HSS/HFS 30--
Rules relating to searches at the Wisconsin Resources Center.
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Health & Family Services:
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Health, Chs. HSS/HFS 110--
Rules relating to removal of lead-based paint.
Rules relating to the Health Insurance Risk-Sharing Plan.
Rules adopted relating to neonatal intensive care training grants.
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Insurance, Commissioner of:
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Rules relating to delaying effective date for NAIC valuation of life insurance policies.
Rules adopted relating to guarantee issue eligibility for Medicare Supplement insurance.
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Natural Resources:
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See also emergency rules relating to Comm 46.
Fish, Game, etc., Chs. NR 1-
Rules relating to reservations for state parks, forests and other lands.
Rules relating to sport fishing for yellow perch in Sauk creek.
Rules relating to special closure of sturgeon spearing season.
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Public Instruction:
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Rule adopted relating to alternative teaching permits.
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Public Service Commission:
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Rules relating to sewer main extension cost recovery.
Rules relating to small generating plants.
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Regulation & Licensing:
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Rules relating to regulation of home inspectors.
Rules relating to music, art and dance therapists.
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Workforce Development:
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Economic Support, Chs. DWD 11 to 59
Rules relating to background checks for day care providers.
Rules relating to child support.
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Workforce Development:
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Prevailing Wage Rates, Chs. DWD 290 to 294
Rules relating to annual adjustment of estimated project costs.
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Scope Statements.
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Pages 20 to 24.
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Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors:
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A-E Code - Relating to repeal of administrative rules relating to professional geologists.
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Chiropractic Examining Board:
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Chir Code - Relating to clarifying the meaning of “supervision”.
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Commerce:
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Chs. Comm 2 & 5 - Relating to fees charged by the Safety and Buildings Division.
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Commerce:
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Ch. Comm 32 - Relating to public employe safety and health.
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Commerce:
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Ch. Comm 112 - Relating to the Wisconsin Development Zone Program.
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Health & Family Services:
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Ch. HSS 157 - Relating to to radiation protection-agreement state.
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Insurance:
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S. Ins 3.46 - Relating to long-term care.
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Medical Examining Board:
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Med Code - Relating to repeal of administrative rules relating to podiatrists.
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Public Defender:
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S. PD 1.04 (10) - Relating to certification criteria.
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Public Instruction:
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Ch. PI 19 - Relating to modifying the rule to comply with changes made in state law which affect the responsibilities of DPI and local school districts regarding services administration about adoption to school age parents, and the availability of child care funds to local school districts.
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Public Service Commission:
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PSC Code - Relating to the regulation fo competitive local exchange providers and competitive entry into local telephone exchange markets.
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Public Service Commission:
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PSC Code - Relating to incentive or alternative forms of regulation for telecommunications utilities.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 25 to 27.
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Chiropractic Examining Board:
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Chir Code - Relating to use of limited liability in chiropractic practice.
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Commerce:
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Ch. Comm 14 - Relating to fire department dues entitlement.
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Commerce:
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Chs. Comm 16 & 17 - Relating to electrical construction and inspection.
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Commerce:
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Ch. Comm 46 - Relating to Petroleum Environmental Cleanup Fund Interagency Responsibilities.
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Commerce:
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Ch. Comm 113 - Relating to the allocation of volume cap on tax-exempt private activity bonds.
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Health & Family Services:
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Ch. HFS 181 - Relating o the reporting of blood lead test results.
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Natural Resources:
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Chs. NR 6, 8, 50 &64 - Relating to the use of snowmobiles and all-terrain vehicles (ATV's).
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Natural Resources:
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Chs. NR 10, 15 & 19 - Relating to changes in hunting and trapping regulations.
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Natural Resources:
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Ch. NR 19 - Relating to regulating the harvest, possession and sale of native amphibians, lizards and snakes.
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Natural Resources:
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S. NR 20.09 (2) - Relating to bow fishing hours on inland lakes during the rough fish spearing season.
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Natural Resources:
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Ch. NR 439 -Relating to volatile organic compound (VOC) capture efficiency test methods.
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Natural Resources:
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Ch. NR 485 - Relating to emission limitations for motor vehicles .
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Revenue:
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Ch. Tax 11 - Relating to governmental units, food and beverages, and transportation charges.
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Transportation:
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Ch. Trans 276 - Relating to allowing the operation double bottoms and certain other vehicles unspecified highways.
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Notices of Hearings or of Proposed Rules.
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Pages 28 to 49.
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Commerce:
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Fire Prevention, Ch. Comm 14
Hearings to consider revision to ch. Comm 14, relating to fire department dues entitlement.
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Commerce:
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Electrical, Volume 2, Ch. Comm 16
Electrical Inspection, Ch. Comm 17
Hearings to consider revisions to chs. Comm 16 & 17, relating to electrical construction and inspection.
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Commerce:
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PECFA Interagency Responsibilities., Ch. Comm 46
Hearing to consider ch. Comm 46, relating to interagency responsibilities under PECFA.
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Commerce:
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Financial Resources for Businesses and Communities, Chs. Comm 105-128
Hearing to consider revision to ch. Comm 113, relating to volume cap on tax exempt private activity bonds.
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Financial Institutions:
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Division of Securities
Proposed creation of s. DFI-Sec 2.01 (1) (c)6., and (d)6., relating to preparation of financial statements for governmental issuers of securities and disclosures about year 2000 issues.
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Health & Family Services:
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Management and Technology, etc., Chs. HFS 1-
Hearing to consider emergency rule revision to chs. HFS 12 and 13, relating to caregiver background checks and reporting and investigating caregiver misconduct.
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Natural Resources:
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Hearing to consider ch. Comm 46, relating to PECA interagency responsibilities.
Fish, Game, etc., Chs. NR 1-
Hearings to consider revisions to chs. NR 6, 8, 50 and 64, relating to use of snowmobiles and ATV's.
Hearing to consider revisions to chs. NR 10,15, and 19, relating to changes in hunting and trapping rules.
Hearing to consider revision to s. NR 19.27 and creation of s. NR 19.26, relating to the harvest, possession and sale of native amphibians and reptiles.
Hearings to consider amendment of s. NR 20.09 (2), relating to bow fishing hours on inland lakes during rough fish spearing season.
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Natural Resources:
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Environmental Protection-Air Pollution Control,
Chs. NR 400-
Hearings to consider revision to ch. NR 439, relating to volatile organic compound capture efficiency test methods.
Hearing to consider revision to s. NR 485.04, relating to emission limitations for motor vehicles.
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Public Service Commission:
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Hearing to consider revisions in several PSC chapters relating to telecommunications.
Hearing to consider an amendment to s. PSC 132.02 (3), relating to definition of “public utility” and cable operators' access to railroad rights-of-way.
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Social Workers, Counselors etc.,:
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Hearing to consider revision of several rules relating to outdated provisions, educational requirements.
Hearing to consider a revision to s. SFC 3.13, relating to approval of degree programs for a social worker training.
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Transportation:
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Hearings to consider amendment to s. Trans 276.07, relating to extended size trucks on certain highways.
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Notice 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 50.
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Agriculture, Trade & Consumer Protection:
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Agriculture, Trade & Consumer Protection:
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Commerce:
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Corrections:
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Financial Institutions:
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Health & Family Services:
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Health & Family Services:
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Natural Resources:
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Psychology Examining Board:
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Public Service Commission:
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Veterans Affairs:
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Veterans Affairs:
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Workforce Development:
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 51.
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Administration:
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Dentistry Examining Board:
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Transportation:
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Transportation:
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Rules Published in this Wis. Adm. Register.
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Page 52.
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Agriculture, Trade & Consumer Protection:
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Natural Resources:
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Natural Resources:
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Revenue:
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Transportation:
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Transportation:
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Veterans Affairs:
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Sections Affected by Rule Revisions & Corrections.
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Pages 53 to 54.
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Revisions
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Natural Resources (Fish, Game. etc., Chs. NR 1-):
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Chs. NR 20 & 47
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Revenue:
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Ch. Tax 2
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Transportation:
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Chs. Trans 101 & 200
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Veterans Affairs:
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Ch. VA 2
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Editorial Corrections
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Agriculture, Trade & Consumer Protection:
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Chs. ATCP 3, 21, 29, 30, 34, 55, 117, 132, 151
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Commerce (Infectious Agents, Ch. Comm 35):
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Ch. Comm 35
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Commerce (Boiler & Pressure Vessel, Chs. Comm 41-42):
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Ch. Comm 41 & 42
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Revenue:
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Ch. Tax 2
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Errata
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Natural Resources (Fish, Game, etc., Chs. NR 1-):
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Ch. NR 19
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Revenue:
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Chs. Tax 2
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Final Regulatory Flexibility Analyses.
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Pages 55 to 56.
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Agriculture, Trade & Consumer Protection:
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Natural Resources:
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Natural Resources:
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Revenue:
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Transportation:
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Transportation:
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Veterans Affairs:
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Executive Orders.
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Page 57.
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Executive Order 364:
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Relating to the Creation of the Governor's Wisconsin Works and Alcohol and Other Drug Abuse Task Force.
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Public Notice.
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Pages 58 to 59.
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Health & Family Services:
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Medical Assistance reimbursement for School-Based Services: Statewide Contract Rate Schedule for School District Reimbursement.
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Notice of Nonacquiescence.
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Page 60.
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Labor and Industry Review Commission:
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Struck & Irwin Fence, Inc.
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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 (2)
Agriculture, Trade & Consumer Protection
1. Rules adopted amending ss. ATCP 81.50 (2), 81.51 (2), and 81.52 (2), relating to grade standards for colby and monterey (jack) cheese.
Finding of Emergency
The state of Wisconsin department of agriculture, trade and consumer protection (DATCP) finds that an emergency exists and that an emergency rule is necessary for economic reasons to protect the public welfare of the citizens of Wisconsin. The facts constituting the emergency are as follows:
(1) DATCP has adopted standards for grades of cheese manufactured and sold in Wisconsin under s. 97.177, Stats., and ch. ATCP 81, Wis. Adm. Code. Any cheese which carries a state grade mark must conform to the standards and characteristics of the labeled grade.
(2) Under current rules, colby and monterey (jack) cheese must contain numerous mechanical openings in order to be labeled or sold as Wisconsin certified premium grade AA or Wisconsin grade A (Wisconsin state brand).
(3) Changes in cheese manufacturing technology, packaging and equipment have made it extremely difficult for many processors and packagers to achieve the numerous mechanical openings or open body character required by these top two grade categories. A majority of today's wholesale buyers and packagers prefer a closed body cheese for a variety of reasons, including ease of shredding and the ability to package “exact-weight” pieces with minimal variation and waste.
(4) Currently, a closed body cheese may be labeled or sold as Wisconsin grade B or “not graded.” It cannot be labeled or sold as Wisconsin certified premium grade AA or Wisconsin grade A (Wisconsin state brand), nor can it command the premium price associated with these top two grade categories.
(5) Wisconsin is the only state with its own grade standards for colby and monterey (jack) cheese. The United States Department of Agriculture modified its grade standards for colby and monterey jack cheese in 1995 and 1996, respectively, in response to industry requests to allow an open or closed body. Buyers who cannot obtain the desired graded product in Wisconsin will likely switch to suppliers from other states. Once customers are lost they are difficult to regain.
(6) Wisconsin's dairy industry plays a major role in our state's economy. Approximately $3 billion or 90% of Wisconsin's milk production goes into the manufacture of cheese. Lost business revenues harm the dairy industry, cause increased unemployment, and have a negative impact on the state's economy.
(7) Pending the adoption of rules according to the normal administrative rulemaking procedures, it is necessary to adopt emergency rules under s. 227.24, Stats. to protect the public welfare based on an economic emergency for the state's dairy industry and the subsequent impact on the general economy and citizens of this state.
Publication Date:
August 8, 1998
Effective Date:
August 8, 1998
Expiration Date:
January 4, 1999
Hearing Date:
September 14, 1998
Extension Through:
May 3, 1999
2. Rules were adopted creating ss. ATCP 10.68 and 11.58, relating to fish farms and imports of live fish.
Finding of Emergency
(1) This emergency rule implements s. 95.60, Stats., which was created by 1997 Wis. Act 27.
(2) Under s. 95.60, Stats., a person who operates a fish farm must register annually with the Wisconsin department of agriculture, trade and consumer protection (DATCP). A person who imports live fish or fish eggs into Wisconsin must meet fish health requirements and obtain an import permit from DATCP. DATCP must establish registration and import permit standards by rule.
(3) On December 9, 1998, the Board of Agriculture, Trade and Consumer Protection (DATCP Board) approved final draft “permanent” rules to implement s. 95.60, Stats. Among other things, the rules establish fish farm registration standards and fish import standards. Before DATCP may adopt these final draft “permanent” rules, it must submit them for legislative committee review under s. 227.19, Stats. DATCP must then adopt and file the rules under s. 227.20, Stats., and publish them under s. 227.21, Stats. As a result, the final draft “permanent” rules will not take effect for several months.
(4) Current fish farm registration certificates will expire on December 31, 1998, before the final draft “permanent” rules take effect. The department must adopt a temporary emergency rule so it can process registration renewals pending the effective date of the final draft “permanent” rules. This emergency rule adopts, on a temporary basis, registration provisions contained in the department's proposed final draft “permanent” rules.
(5) This emergency rule also adopts, on a temporary basis, rules to prevent imports of diseased live fish and fish eggs that threaten the health of fish in Wisconsin fish farms and the Wisconsin natural environment. These temporary import requirements are based on requirements previously administered by the Wisconsin department of natural resources (DNR). The final draft “permanent” rules, when adopted, will expand upon these interim requirements.
(6) This emergency rule is needed to protect the public peace, health safety and welfare. Without this rule, DATCP would not be able to process fish farm registrations for 1999, or issue permits for live fish imports. Without the protections afforded by this emergency rule, Wisconsin fish farms and wild fisheries would also be exposed to an unnecessary risk of disease.
Publication Date:
December 28, 1998
Effective Date:
December 28, 1998
Expiration Date:
May 27,1999
Hearing Date:
February 3, 1999
EMERGENCY RULES NOW IN EFFECT
Commerce
(Flammable & Combustible Liquids, Ch. Comm10)
Rules adopted revising ch. Comm 10, relating to regulation of flammable and combustible liquids.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that adoption of a rule is necessary for the immediate preservation of public health, safety, welfare and the environment.
The facts constituting the emergency are as follows. Under ss. 101.09, 101.142 and101.144, Stats., the Department protects public health, safety, welfare and the environment by promulgating rules for and administering the regulation of petroleum product storage tank systems and the storage and handling of flammable and combustible liquids. The purpose of the regulatory effort is to guarantee that storage tank systems and their contents are managed in a manner that is protective of life safety and the environment.
On December 22, 1998, a ten-year upgrade deadline comes to an end, and all tank systems falling under the United States Environmental Protection Agency's rules are required to have been upgraded to comply with new and environmentally protective construction standards. After the final compliance date, the Department and its contracted agents will conduct inspections to guarantee that tank systems which are not in compliance have been shut down in accordance with state and federal rules. In those instances where owners or operators have not complied with the upgrade or shutdown requirements, immediate action must be taken to either prevent the tank systems from continuing to be used or prevent the delivery of additional petroleum product to the systems.
The shut down of noncomplying tank systems is a core environmental and financial issue. The tank systems that are not in compliance pose a continuing high-risk threat to the environment, and delay in action will continue an unnecessary environmental hazard. Additionally, new releases from these non-upgraded tank systems will add to the financial burden of the PECFA program, which is significantly over-subscribed. The rule included with this order is in response to environmental issues associated with non-upgraded tank systems.
Publication Date:
December 11, 1998
Effective Date:
December 11, 1998
Expiration Date:
May 10, 1999
Hearing Date:
March 3, 1999
EMERGENCY RULES NOW IN EFFECT
Commerce
(Uniform Dwelling, Chs. Comm 20-25)
Rules adopted revising Chs. Comm 20,21,22 and 23, relating to energy efficiency in one- and 2-family dwellings.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that the adoption of a rule is necessary for the immediate preservation of public health, safety and welfare. The facts constituting the emergency are as follows:
The rule change that was to go into effect on February 1, 1999 consists of a complete rewrite of chapter Comm 22, which relates to energy efficiency in one- and 2-family dwellings, as well as miscellaneous changes to chapters Comm 20, 21 and 23. The department planned for a lead time of approximately 2 months between the time the code was made available and the code effective date. Because of difficulties in preparing and printing the code, the anticipated lead time could not be achieved. Several constituent groups, including builders, inspectors, and the Uniform Dwelling Code Council have asked for extra time to become familiar with the changes, once the complete code is made available. If this is not done, a great deal of confusion and economic hardship could result for builders, as well as homeowners. Enforcement of the new requirements could very greatly from one municipality to the next.
This emergency rule delays the effective date of the proposed changes to chs. Comm 20, 21, 22 and 23 from February 1, 1999 to May 1, 1999.
Publication Date:
January 23, 1999
Effective Date:
February 1, 1999
Expiration Date:
July 1, 1999
EMERGENCY RULES NOW IN EFFECT (2)
Commerce & Natural Resources
(Petroleum Environmental Cleanup Fund Interagency Responsibilities, Ch. Comm 46)
1. Rules were adopted creating ch. Comm 46, relating to the Petroleum Environmental Cleanup Fund Interagency Responsibilities.
Finding of Emergency
The Departments of Commerce and Natural Resources find that an emergency exists and that adoption of a rule is necessary for the immediate preservation of public health, safety, and welfare.
The facts constituting the emergency are as follows. Under ss. 101.143 and 101.144, Stats., the Department of Commerce protects public health, safety, and welfare by promulgating rules for and administering the Petroleum Environmental Cleanup Fund (PECFA Fund). The purpose of the fund is to reimburse property owners for eligible costs incurred because of a petroleum product discharge from a storage system or home oil tank system. In administering this fund, the Department has relied upon a Memorandum of Understanding with the Department of Natural Resources for classifying contaminated sites, disbursing funds, and addressing other statements of policy that affect the two Departments.
On September 17, 1998, the Joint Committee for Review of Administrative Rules adopted a motion pursuant to s. 227.26(2)(b), Stats., that directs the Department and the Department of Natural Resources to jointly adopt the above portions of the Memorandum of Understanding and related policy issues as an Emergency Rule. The rule included with this order is in response to that directive.
Publication Dates: January 1 & February 5, 1999
Effective Date:
January 1, 1999
Expiration Date:
May 31, 1999
Hearing Dates:
March 11 and 25, 1999
2. Rules adopted revising ch. Comm 46, relating to the Petroleum Environmental Cleanup Fund Interagency Responsibilities.
Finding of Emergency
The Departments of Commerce and Natural Resources find that an emergency exists and that adoption of a rule included in this order is necessary for the immediate preservation of public health, safety, and welfare.
The facts constituting the emergency are as follows. Under sections 101.143 and 101.144, Wisconsin Statutes, the Department of Commerce protects public health, safety, and welfare by promulgating rules for and administering the Petroleum Environmental Cleanup Fund (PECFA Fund). The purpose of the fund is to reimburse property owners for eligible costs incurred because of a petroleum product discharge from a storage system or home oil tank system. In administering this fund, the Department has relied upon a Memorandum of Understanding with the Department of Natural Resources for classifying contaminated sites, disbursing funds, and addressing other statements of policy that affect the two Departments.
On September 17, 1998, the Joint Committee for Review of Administrative Rules adopted a motion pursuant to s. 227.26(2)(b), Stats., that directed the Department and the Department of Natural Resources to jointly adopt the above portions of the Memorandum of Understanding and related policy issues as an Emergency Rule. An emergency rule in response to that directive was adopted by the Department and became effective on January 1, 1999. Since that date, further improvements for jointly administering the PECFA fund have been developed, which are consistent with the JCRAR directive and which are expected to significantly mitigate the backlog of claims to this oversubscribed fund.
