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The State of Wisconsin
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Document Sales and Distribution Section
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Wisconsin
Administrative
Register
No. 544
Publication Date: April 14, 2001
Effective Date: April 15, 2001
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
Table of contents
Emergency rules now in effect.
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Pages 3 to 10
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Agriculture, Trade and Consumer Protection:
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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.
Rules relating to pathogen testing of ready-to-eat dairy products.
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Commerce:
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Flammable and Combustible Liquids, Ch. Comm 10
Rules relating to effective date of required upgrades to above ground bulk tanks.
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Corrections:
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Rules relating to sexually explicit material at adult correctional institutions.
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Employment Relations Commission:
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Rules relating to the calculation of a qualified economic offer in collective bargaining with professional school district employees.
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Financial Institutions - Securities:
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Rules relating to the investment adviser registration depository.
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Health & Family Services:
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Health, Chs. HFS 110--
Rules relating to certification for removal of lead-based paint hazards.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1--
Rules relating to the stewardship program.
Rules relating to the federal cost sharing program to suppress gypsy moths.
Rules relating to speed limits for snowmobiles.
Environmental Protection - Investigation and Remediation, Chs. NR 700—
Rules relating to environmental insurance requirements for liability exceptions for voluntary remediation.
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Public Service Commission:
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Rules relating to treatment of confidential records.
Rules relating to cost of fuel.
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Tobacco Control Board:
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Rules relating to the administration and awarding of grants for tobacco control and establishing criteria for recipients of the grants.
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Scope statements.
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Pages 11 to 13
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Accounting Examining Board:
Commerce:
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Senior level practice requirements.
Revising ethical practice rules.
Updating list of infectious agents.
Changing frequency of awarding CDBG grants.
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Corrections:
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Probation and parole holding facilities.
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Insurance:
Natural Resources:
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Warranty plans.
Creating a policy on fish passage issues.
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Pharmacy Examining Board:
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Modifying the definition of “active practice".
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Regulation and Licensing:
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Supervision of licensed employees by real estate brokers-employers.
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Submittal of rules to legislative council clearinghouse.
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Page 14
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Natural Resources:
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Sections NR 1.212 and 1.213 - Relating to private forestry priorities for assistance.
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Public Instruction:
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Section PI 35.045 - Relating to building usage code under the Milwaukee Parental Choice Program.
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Rule-making notices.
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Pages 15 to 17
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Agriculture, Trade and Consumer Protection:
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Hearing relating to minor remedial drafting changes to department rules.
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Corrections:
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Hearings to consider amending and creating rules relating to resources for inmates.
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Submission of proposed rules to the legislature.
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Page 18
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Agriculture, Trade and Consumer Protection:
Commerce:
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Insurance:
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Law Enforcement Standards Board:
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Natural Resources:
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Regulation and Licensing:
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Transportation:
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Rule orders filed with the revisor of statutes bureau.
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Page 19
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Health and Family Services:
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Natural Resources:
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Natural Resources:
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Pharmacy Examining Board:
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Pharmacy Examining Board:
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Regulation and Licensing:
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Public notice.
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Page 20
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Workforce Development:
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2001 Child Care Copay Schedule.
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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 - (4)
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.
Publication Date:
July 20, 2000
Effective Date:
July 20, 2000
Expiration Date:
December 18, 2000
Extension Through:
April 16, 2001
2. Rules adopted creating ch. ATCP 16, relating to importing bovine animals, goats or cervids from a state designated by USDA as a tuberculosis “non-modified accredited" state.
Finding of emergency
(1) Bovine tuberculosis is a contagious, infectious and communicable disease caused by Mycobacterium bovis (M. bovis). It affects cattle, bison, deer, elk, goats and other species, including humans. Bovine tuberculosis in infected animals and humans manifests itself in lesions of the lung, bone, and other body parts. Bovine tuberculosis causes weight loss and general debilitation, and can be fatal.
(2) Wisconsin is currently classified by the United States Department of Agriculture (USDA) as “accredited-free" for tuberculosis.
(3) The USDA recently reclassified Michigan from “accredited-free" to “non-modified accredited," reflecting a higher risk of bovine tuberculosis.
(4) A significant number of bovine animals, goats and cervids are imported to Wisconsin from Michigan each year.
(5) The last known case of bovine tuberculosis in cattle in Wisconsin was confirmed in an animal imported from Michigan.
(6) If bovine tuberculosis becomes established in Wisconsin, it will pose a significant threat to the health of domestic animals and humans in this state.
(7) An emergency rule is needed to protect the public peace, health, safety and welfare. This emergency rule will help to control a serious disease in cattle, goats and cervids and will help protect the marketability of Wisconsin-raised animals.
Publication Date:
August 11, 2000
Effective Date:
August 11, 2000
Expiration Date:
January 8, 2001
Hearing Date:
September 19, 2000
Extension Through:
May 7, 2001
3. Rules adopted creating s. ATCP 10.21 (10) (c) and (15) relating to reimbursement of Johne's disease testing costs.
Finding of emergency
The state of Wisconsin department of agriculture, trade and consumer protection (“department") finds that an emergency exists and that an emergency rule is necessary to protect public health, safety and welfare. The facts constituting the emergency are as follows:
1. 1999 Wisconsin Act 9 was published on October 28, 1999. It appropriates $100,000 for financial assistance to owners of livestock herds for conducting testing for Johne's disease (paratuberculosis) for FY 2000-01. It requires the department to provide the financial assistance.
2. 1999 Wisconsin Act 9 requires the department to promulgate rules for implementing the financial assistance program.
3. Permanent rules establishing the program will not take effect before June 1, 2001. This emergency rule establishes an interim procedure which will allow owners of livestock herds to apply for grants under this program. Without this rule, no person would be able to apply for a grant in FY 2000-01 until at least June 1, 2001, and the department would have insufficient time to review and process the grant requests before the end of the fiscal year.
Publication Date:
January 1, 2001
Effective Date:
January 1, 2001
Expiration Date:
May 31, 2001
Hearing Date:
February 13, 2002
4. Rules adopted revising ch. ATCP 80, relating to pathogen-tests on ready-to-eat dairy products.
Finding of emergency
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) finds that an emergency exists and that an emergency rule is necessary to protect public health, safety and welfare. The facts constituting the emergency are as follows:
(1) DATCP licenses and inspects dairy plants under s. 97.20, Stats. Current DATCP rules, under s. ATCP 80.56(4), Wis. Adm. Code, require dairy plant operators to report to DATCP the results of any microbiological test that confirms the presence of a pathogenic organism in a pasteurized or ready-to-eat dairy product.
(2) There has been a nationwide increase in food borne disease outbreaks associated with food and dairy products. Such outbreaks can occur when ready-to-eat foods enter food distribution channels without being tested for pathogenic bacteria.
(3) There is no national or state law requiring dairy plant operators to test ready-to-eat dairy products for pathogens prior to sale or distribution. Dairy plant operators have a natural incentive to test, in order to avoid liability and meet their customers' product safety demands. But the current test reporting requirement under s. ATCP 80.56(4) discourages pathogen testing, because test reports become public records that may be open to public inspection even if the affected products are withheld from distribution.
(4) There is an urgent need to repeal this counterproductive reporting requirement, and to create alternative rules that will encourage pathogen testing and provide stronger public health protection. This emergency rule will encourage more pathogen testing, and provide stronger public health protection, pending the adoption of “permanent" rule changes.
Publication Date:
March 2, 2001
Effective Date:
March 2, 2001
Expiration Date:
July 30, 2001
Commerce
(Flammable and Combustible Liquids - Ch. Comm 10)
Rules adopted revising s. Comm 10.345
, relating to the effective date of required upgrades to aboveground bulk tanks that were in existence on May 1, 1991.
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:
