Wisconsin Administrative Register No. 673

Published by the Legislative Reference Bureau

Publication Date: January 31, 2012

Effective Date: February 1, 2012

Single PDF of This Register

Administrative Code Chapters Inserted and Removed by this Register

(Instructions for Inserting New Material in the Wisconsin Administrative Code)

Table of Contents

Emergency Rules Now in Effect.
Agriculture, Trade and Consumer Protection:	Create sections ATCP 99.126 (6) and ATCP 99.235 (5) and to amend sections ATCP 99.126 (1) and ATCP 99.235 (1), relating to grain dealer and grain warehouse keeper agricultural producer security fund assessments. EmR1112
Children and Families:	Safety and Permanence, Chs. DCF 37-59 Create sections DCF 57.485 and 57.49 (1) (am), relating to determination of need for new group homes. EmR1034
Employment Relations Commission:	Create Chapters ERC 70 to 74 and ERC 80, relating to initial annual certification elections. EmR1113
Insurance:	Revise Chapter Ins 18, relating to grievances and independent review requirements and affecting small business. EmR1117
	Repeal EmR1117 which was to revise Chapter Ins 18, relating to grievances and independent review requirements, and affecting small business. EmR1119
Justice:	Create Chapter Jus 17 and Chapter Jus 18, relating to licenses authorizing persons to carry concealed weapons; concealed carry certification cards for qualified former federal law enforcement officers; and the certification of firearms safety and training instructors. EmR1114
	Create section Jus 17.13, relating to the recognition by Wisconsin of concealed carry licenses issued by other states. EmR1115
Natural Resources:	Fish, Game, etc., Chs. NR 1— Create section NR 40.02 (2), relating to the identification, classification and control of invasive species. EmR1036
	Create sections NR 40.02 (7g), (7r), (25m), (28m) and (46m), 40.04 (3m) and 40.07 (8), relating to the identification, classification and control of invasive bat species. EmR1039
	Repeal section NR 40.02 (28m), amends section NR 40.04 (3m), and repeals and recreates section NR 40.07 (8), relating to the identification, classification and control of invasive species. EmR1045
	Amend sections NR 10.01 (3) (ed) 1. a., 10.01 (3) (et) 2., 10.104 (7) (a) 1., and 10.104 (7) (b), relating to deer hunting seasons and carcass tag use. EmR1109
	Revise sections NR 10.01 (1) (b), (g) and (u) and 10.32 and to amend section NR 10.01 (1) (v), relating to hunting and the 2011 migratory game bird seasons and waterfowl hunting zones. EmR1111
	Amend section NR 25.05 (1) (c), relating to commercial fishing in outlying waters. EmR1116
Safety and Professional Services: (formerly Regulation and Licensing)	Create section RL 91.01 (3) (k), relating to training and proficiency in the use of automated external defibrillators for certification as a massage therapist or bodyworker. EmR0827

Scope Statements.
Agriculture, Trade and Consumer Protection:	Creates section ATCP 161.60, relating to Dairy Industry Promotion Grants and Loans. SS 002-12
Agriculture, Trade and Consumer Protection:	Revises Chapter ATCP 55, relating to meat and meat food products. SS 005-12
Insurance:	Revises sections Ins 17.01 and 17.28 (6), relating to Injured Patients and Families Compensation Fund annual fund fees and mediation panel fees for fiscal year 2013. SS 001-12
Transportation:	Creates Chapter Trans 265, relating to annual or consecutive month permits for vehicles or combinations of vehicles transporting hay or straw that exceed the height limitation designated in s. 348.06, Stats., providing an exemption from emergency rule procedures, and granting rule-making authority. SS 003-12
Submittal of Rules to the Legislative Council Clearinghouse.
Agriculture, Trade and Consumer Protection:	Revises Chapter ATCP 29, relating to pesticide use and control. CR 12-003
Revenue:	Revises sections Tax 2.60 and 2.61, relating to pre-2009 net business loss carryforwards. CR 12-006
Safety and Professional Services:	Safety, Buildings and Environment, General Part I, Chs. SPS 301-319 Revises Chapter SPS 305, relating to thermal insulators. CR 12-007
Safety and Professional Services — Medical Examining Board:	Revises Chapter Med 8, relating to definitions, practice prescribing limitations, employment requirements, and supervising physician responsibilities. CR 12-005
Safety and Professional Services — Board of Nursing:	Revises Chapter N 3, relating to endorsement licensure. CR 12-004
Safety and Professional Services — Physical Therapy Examining Board:	Revises Chapters PT 1, 2, 3, 4, 5, 6, 8, and 9, relating to conforming current regulations regarding licensure, examinations temporary licenses, locum tenens license, referrals and continuing education of physical therapists and physical therapist assistants with the passage of 2009 Wisconsin Act 149. CR 12-002
Rule-making Notices.
Agriculture, Trade and Consumer Protection:	Hearings on a proposed rule to revise Chapter ATCP 29, relating to pesticide use and control. CR 12-003
Revenue:	Hearing to consider permanent rules revising sections Tax 2.60 and 2.61, relating to pre-2009 net business loss carryforwards. CR 12-006
Safety and Professional Services:	Safety, Buildings, and Environment, General Part I Chs. SPS 301-319 Hearing on proposed rules under Chapter SPS 305, relating to thermal insulator credentials. CR 12-007
Safety and Professional Services — Medical Examining Board:	Hearing to consider an order to revise Chapter Med 8, relating to definitions, practice prescribing limitations, employment requirements and supervising physician responsibilities. CR 12-005
Safety and Professional Services — Board of Nursing:	Hearing to consider an order to amend sections N 3.03 (1) (a) 3., N 3.03 (1) (b) 6., N 3.03 (2) (a) 3., and N 3.03 (2) (b) 6., relating to endorsement licensure. CR 12-004
Safety and Professional Services — Physical Therapy Examining Board:	Hearing to consider an order to revise Chapters PT 1, 2, 3, 4, 5, 6, 8, and 9, relating to licensure, examinations, temporary licenses, locum tenens license, referrals, and continuing education. CR 12-002
Rule Orders Filed with the Legislative Reference Bureau.
Natural Resources:	Fish, Game, etc., Chs. NR 1— Revises Chapter NR 51, relating to administration of Stewardship Grants. CR 10-127
Rules Published with this Register and Final Regulatory Flexibility Analyses.
Agriculture, Trade and Consumer Protection:	Renumbers Chapter ATCP 157 to be ATCP 87 and amends, relating to Wisconsin Certified Honey and the sale of products represented as honey. CR 11-038
Natural Resources:	Environmental Protection — Air Pollution Control Chs. NR 400— Revises Chapters NR 400, 419, 420, 421, 422, 423, 439, and 484, relating to the correction of deficiencies identified by the U.S. Environmental Protection Agency with a portion of the state's current volatile organic compound reasonably available control technology rules. CR 11-005
Safety and Professional Services:	Revises section SPS 4.08 (formerly RL 4.08), relating to background checks and fingerprinting. CR 11-027
Safety and Professional Services:	Revises section SPS 128.03 (1) (b); and to creates section SPS 128.04 (6) (c), (formerly RL 128.03 (1) (b) and 128.04 (6) (c)), relating to continuing education for auctioneers. CR 11-029
Sections Affected.
Executive Orders.