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Wisconsin
Administrative
Register
No. 542
Publication Date: February 28, 2001
Effective Date: March 1, 2001
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
StatsNewsRel
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TOC_FebB
Table of contents
Emergency rules now in effect.
Pages 6 to 12
Agriculture, Trade and Consumer Protection:
Rule relating to residential rental practices.
Rules relating to importing certain animals from a USDA-designated “non-modified accredited" state.
Rules adopted relating to reimbursement of Johne's disease testing costs.
Commerce:
Flammable and Combustible Liquids, Ch. Comm 10
Rules relating to effective date of required upgrades to above ground bulk tanks.
Employment Relations Commission:
Rules relating to the calculation of a qualified economic offer.
Financial Institutions - Securities:
Rules relating to the Investment Adviser Registration Depository.
Health & Family Services:
Health, Chs. HFS 110--
Rules relating to certification for removal of lead-based paint hazards.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Rules relating to the stewardship program.
Rules relating to cost sharing program to suppress gypsy moths.
Rules adopted relating to speed limits for snowmobiles.
Public Service Commission:
Rules relating to handling on confidential information.
Rules relating to cost of fuel.
Tobacco Control Board:
Rules relating to the administration and awarding of grants for tobacco control and establishing criteria for recipients of the grants.
Scope statements.
Pages 13 to 16
Barbering and Cosmetology Examining Board:
Disinfection expectations for barbering and cosmetology, aesthetics, electrology and manicuring implements.
Barbering and Cosmetology Examining Board:
To permit a person leasing a chair or booth in an establishment to relocate to another chair or booth without requiring application for a new establishment license.
Barbering and Cosmetology Examining Board:
To permit an establishment owner to operate an establishment temporarily without a licensed manager.
Barbering and Cosmetology Examining Board:
Process for issuing and processing citations for disciplinary forfeitures.
Barbering and Cosmetology Examining Board:
To prohibit the use of methyl methacrylate monomer (MMA) in liquid form, or any cosmetic or nail service product formulated with MMA as one of its ingredients.
Controlled Substances Board:
Classification of dihydroetorphine as a schedule II controlled substance.
Controlled Substances Board:
To create an exemption for the legitimate possession and use of gamma-butyrolactone for industrial, scientific research, food industry uses and other uses.
Funeral Directors Examining Board:
Relating to funeral director licensing examination, continuing education and apprenticeships.
Health and Family Services:
Relating to the use of force to prevent escapes and to recapture escaped persons under ch. 980, Stats., and to provide security at facilities housing such persons.
Natural Resources:
Revision of ch. NR 166 relating to the safe drinking water loan program and various updates and improvements.
Natural Resources:
Rule to incorporate the California Air Resources Board's heavy-duty diesel engine rules which regulate emissions of NOx , beginning Model Year 2005.
Natural Resources:
Relating to the establishment of the 2001 migratory game bird hunting seasons.
Natural Resources:
Revision of ch. NR 410, relating to an increase in asbestos inspection fees.
Public Instruction:
Revision of ch. PI 35, relating to Milwaukee school choice program.
Submittal of rules to legislative council clearinghouse.
Page 17 to 19
Agriculture, Trade and Consumer Protection:
Ch. ATCP 161 - relating to grant payments to ethanol producers.
Health and Family Services:
Chs. HFS 172, 175, 178, 196, 197, and 198 - relating to increasing permit fees for the operation of public swimming pools, recreational and educational camps, campgrounds, hotels and motels, tourist rooming houses, restaurants, bed and breakfast establishments and food and beverage vending operations and commissaries.
Natural Resources:
Chs. NR 5 and 50 - relating to boating safety and enforcement.
Natural Resources:
Chs. NR 1 and 45 - relating to public use of department lands.
Natural Resources:
Ch. NR 714 - relating to notification of affected landowners when off-site contamination is detected, and notification to the public when an environmental investigation is required at a leaking underground storage tank site.
Natural Resources:
Section NR 45.045 - relating to demonstrations on certain types of DNR properties.
Natural Resources:
Chs. NR 10, 12, and 19 - relating to hunting, trapping and nuisance wildlife control.
Natural Resources:
Chs. NR 20, 21, and 50 - relating to fishing on the inland, outlying and boundary waters of Wisconsin and fish rearing pond grants.
Natural Resources:
Ch. NR 199 - relating to the establishment of municipal flood control and riparian restoration grants.
Natural Resources:
Chs. NR 1, 10, 11, 16, 17, and 45, relating to hunting, trapping and captive wildlife.
Natural Resources:
Chs. NR 20 and 26 - relating to sport fishing on the inland, outlying and boundary waters and fish refuges on the inland waters of Wisconsin.
Rule-making notices.
Pages 20 to 37
Agriculture, Trade and Consumer Protection:
Hearing to consider revision to ch. ATCP 48, relating to county drainage board grants and the role of county treasurer.
Agriculture, Trade and Consumer Protection:
Hearing to consider revision to ch. ATCP 161, relating to grants to ethanol producers.
Financial Institutions—Securities:
Hearing to consider revisions to ch. DFI-Sec 5, relating to the Investment Advisor Registration Depository.
Health and Family Services:
Health, Chs. HFS 110—
Hearings to consider revision to chs. HFS 172, 175, 178, and 195 to 198, relating to an increase in permit and related fees for operation of public swimming pools, recreational and educational camps, campgrounds, hotels and motels, tourist rooming houses, restaurants, bed and breakfast establishments and food and beverage vending operations and commissaries.
Natural Resources:
Fish, Game, etc., Chs. NR 1—
Hearing to consider changes in chs. NR 10, 12 and 19, relating to hunting, trapping and nuisance wildlife control.
Natural Resources:
Fish, Game, etc., Chs. NR 1—
Hearing to consider revisions to chs. NR 20 and 21 and the repeal of s. NR 50.20, relating to fishing on the inland, outlying and boundary waters of Wisconsin and fish rearing ponds.
Natural Resources:
Fish, Game, etc., Chs. NR 1—
Hearings to consider revision to chs. NR 20 and 26, relating to sport fishing on the inland, outlying and boundary waters and fish refuges on the inland waters of Wisconsin.
Natural Resources:
Environmental Protection—General, Chs. NR 100—
Environmental Protection—WPDES, Chs. NR 200—
Hearings to consider revision to ch. NR 120, creation of chs. NR 151 to 155, and revisions to chs. NR 216 and 243, relating to watershed management, soil erosion control and storm water management ordinances, runoff management, urban nonpoint source and storm water management, storm water discharge permits and animal feeding operations.
Natural Resources:
Environmental Protection—General, Chs. NR 100—
Hearings to consider revision to ch. NR 199, relating to the municipal flood control and riparian restoration grant program.
Natural Resources:
Environmental Protection—Remediation, etc., Chs. NR 700—750
Hearings to consider revision to ss. NR 714.05 and 714.07, relating to notification of affected landowners when off-site contamination is detected and when there is a leaking underground storage tank site.
Submission of proposed rules to the legislature.
Page 38
Agriculture, Trade and Consumer Protection:
(CR 00-145) - Ch. ATCP 11
Agriculture, Trade and Consumer Protection:
(CR 00-146) - Chs. ATCP 10 and 11
Dentistry Examining Board:
(CR 00-143) - Ch. DE 2
Health and Family Services:
(CR 00-151) - Ch. HFS 133
Natural Resources:
(CR 98-198) - Ch. NR 233
Natural Resources:
(CR 98-199) - Ch. NR 252
Natural Resources:
(CR 00-088) - Ch. NR 19
Natural Resources:
(CR 00-110) - Chs. NR 19 and 64
Natural Resources:
(CR 00-154) - Chs. NR 1, 10, 12, and 19
Public Service Commission:
(CR 00-138) - Ch. PSC 167
Rules published with this register and final regulatory flexibility analysis.
Pages 39 to 41
Agriculture, Trade and Consumer Protection:
(CR 00-104) - Ch. ATCP 136
Athletic Trainers Affiliated Credentialing Board:
(CR 00-131) - Chs. AT 1 to 5
Commerce:
(CR 00-130) - Ch. Comm 46
Health and Family Services:
(CR 99-157) - Ch. HFS 175
Health and Family Services:
(CR 00-92) - Ch. HFS 110
Natural Resources:
(CR 00-089) - Chs. NR 161, 162, and 163
Pharmacy Examining Board:
(CR 00-107) - Ch. Phar 8
Public Service Commission:
(CR 98-190) - Ch. PSC 179
Public Service Commission:
(CR 00-113) - Ch. PSC 132
Workforce Development:
(CR 00-127) - Chs. DWD 22 and HSS 205, 206, 207, 225, and 244
Sections affected by rule revisions and corrections.
Pages 42 to 43
Revisions
Athletic Trainers Affiliated Credentialing Board:
Chs. AT 1 to 5 (entire code)
Commerce:
Ch. Comm 46
Health and Family Services:
(Health, Chs. HFS 110—)
Ch. HFS 110
Health and Family Services:
(Economic Support, Chs. HSS 200—)
Chs. HSS 205 to 207, 225, and 244
Natural Resources:
(Environmental Protection—General, Chs. NR 100—)
Chs. NR 161 to 163
Pharmacy Examining Board:
Ch. Phar 8
Public Service Commission:
Ch. PSC 132
Workforce Development:
(Economic Support, Chs. DWD 11—59)
Ch. DWD 22
Editorial corrections
Administration:
Ch. Adm 65
Agriculture, Trade and Consumer Protection:
Ch. ATCP 70
Health and Family Services:
(Economic Support, Chs. HSS 200—)
Chs. HSS 211 and 230
Natural Resources:
  (Environmental Protection—Investigation and       Remediation, Chs. NR 700—)
Ch. NR 710
Sections affected by revisor's corrections not published.
Pages 44 to 49
Executive orders.
Page 50
Executive Order No. 415
Relating to the amendment of Executive Order No. 411.
Executive Order No. 416
Relating to a statement of direction regarding proper software license compliance.
Executive Order No. 417
Relating to winter heating season energy conservation measures for facilities owned by the State of Wisconsin.
Public notices.
Page 51
Workforce Development:
Relating to the Temporary Assistance for Needy Families (TANF) block grant program.
Transportation:
Relating to effective dates for all provisions of 1997 Wis. Act 84.
Notice of nonacquiescence.
Page 52
Tax Appeals Commission:
Efrem V. Fudim, Petitioner v. Wisconsin Dept. of Revenue, Respondent.
Erules_FebB
Emergency rules now in effect
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.
Copies of emergency rule orders can be obtained from the promulgating agency. The text of current emergency rules can be viewed at www.legis.state.wi.us/rsb/code.
Agriculture, Trade & Consumer Protection - (3)
1.   Rule adopted repealing s. ATCP 134.06 (3) (c) note and creating s. ATCP 134.06 (3) (d), relating to residential rental practices.
Exemption from finding of emergency
On June 21, 2000, the Legislature's Joint Committee for Review of Administrative Rules (JCRAR) found that the “note" to s. ATCP 134.06 (3) (c) is actually a rule and directed DATCP to adopt the “note" as an emergency rule. According to s. 227.26 (2) (b), Stats., DATCP must promulgate the emergency rule under s. 227.24 (1) (a), Stats., within 30 days after the JCRAR directs DATCP to do so. Because the JCRAR has directed DATCP to adopt this emergency rule, DATCP is not required to make any other finding of emergency.
Analysis prepared by the Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (DATCP) administers state landlord-tenant rules contained in ch. ATCP 134, Wis. Adm. Code. These rules affect over 1.5 million Wisconsin residents.
This emergency rule modifies current residential rental practices rules related to security deposit withholding. Under current rules, a landlord may not withhold a security deposit for normal wear and tear, or for other damages or losses for which the tenant cannot reasonably be held responsible. A “note" to s. ATCP 134.06 (3) (c) also states that a landlord may not withhold from a tenant's security deposit for routine painting or carpet cleaning, where there is no unusual damage caused by tenant neglect.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.