Table of Contents

register_toc Wisconsin Administrative Register No. 650

Published by the Legislative Reference Bureau

Table of Contents

Emergency Rules Now in Effect.
Agriculture, Trade and Consumer Protection:	Revises ss. ATCP 60.15 and 60.20, relating to somatic cell standards for dairy goat milk. EmR1003
Children and Families:	Safety and Permanence, Chs. DCF 37-59 Revises Chs. DCF 56 and 58, relating to foster care and kinship care. EmR0937
Commerce:	Fee Schedule, Ch. Comm 2 Revises Ch. Comm 2, relating to public swimming pool and water attraction plan review and inspection fees. EmR0934
	Financial Resources for Businesses and Communities, Chs. Comm 104— Creates Ch. Comm 100, relating to tax benefits for job creation, capital investment, employee training, and corporate headquarters. EmR0910
	Creates Ch. Comm 136, relating to midwestern disaster area bonds. EmR0931
Corrections:	Revises s. DOC 309.466, relating to inmate release accounts. EmR0920
	Revises Ch. DOC 302, relating to sentence calculations and prison release and to administrative review of inmate classification decisions. EmR0939
Earned Release Review Commission: (Formerly Parole Commission)	Revises Ch. PAC 1, relating to the release of inmates through parole or other procedures. EmR0940
Employee Trust Funds:	Revises Chs. ETF 10, 20 and 40, relating to domestic partner benefits and the expansion of health insurance coverage to adult dependents up to the age of 27 years. EmR0938
Health Services:	Medical Assistance, Chs. DHS 101— Health, Chs. DHS 110— Revises Chs. DHS 105, 106 and 133, relating to personal care agencies and providers, and affecting small businesses. EmR0932
	Health, Chs. DHS 110— Revises Ch. DHS 163, relating to requirements for conducting lead-safe renovation activities in pre-1978 housing and child-occupied facilities, and affecting small businesses. EmR0928
Insurance:	Revises Ch. Ins 6, relating to exempting commercial policies covering only hired and non-owned autos from having to offer or include uninsured and underinsured motorist coverage. EmR0918
	Creates s. Ins 3.36, relating to treatment of autism spectrum disorders and affecting small business. EmR0923
	Creates s. Ins 3.75, relating to continuation of group health insurance policies. EmR0925
	Creates Ch. Ins 57, relating to care management organizations and affecting small business. EmR0927
	Creates s. Ins 3.34, relating to insurance coverage of dependents to age 27 and affecting small business. EmR0930
	Creates s. Ins 3.75 (8), relating to the continuation of group health insurance policies. EmR0945
Natural Resources:	Fish, Game, etc., Chs. NR 1— Revises Ch. NR 10, relating to hunting and the 2009 migratory game bird seasons and waterfowl hunting zones. EmR0914
	Environmental Protection — Water Regulation, Chs. NR 300— Revises Chs. NR 335 and 336, relating to grants for dam maintenance, repair, modification, or abandonment and removal. EmR0915
Public Defender Board:	Creates Ch. PD 8, relating to the maximum fees that the state public defender may pay for copies of discovery materials in proceedings in which the state public defender provides legal representation. EmR0926
Public Instruction:	Revises ss. PI 35.03 and 35.05, relating to establishing a fee under the Milwaukee Parental Choice Program. EmR0916
	Creates Ch. PI 15, relating to revenue limit exemptions for energy efficiencies. EmR0921
	Creates Ch. PI 39, relating to grants for tribal language revitalization. EmR0933
	Creates s. PI 8.01 (4), relating to waiver of school hours. EmR0936
Public Service Commission:	Creates Ch. PSC 172, relating to the police and fire protection fee. EmR0919
Regulation and Licensing:	Creates s. 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
	Revises ss. RL 180.02 and 181.01, relating to training and proficiency in the use of automated external defibrillators for licensure as a licensed midwife. EmR0828
Revenue:	Revises Ch. Tax 11, relating to sales and use tax. EmR0924
	Creates ss. Tax 2.85 and 11.90, relating to failure to produce records. EmR0929
	Creates s. Tax 1.16, relating to the financial record matching program. EmR0935
	Revises Ch. Tax 2, relating to apportionment and nexus. EmR0943
	Revises Ch. Tax 2, relating to combined reporting for corporation franchise and income tax purposes. EmR1001
	Creates s. Tax 1.17, relating to the ambulatory surgical center assessment. EmR1002
Veterans Affairs:	Revises s. VA 2.01, relating to the assistance to needy veterans grant program. EmR0911
	Revises s. VA 2.02 (2), relating to the veterans tuition reimbursement program. EmR0944
Workforce Development:	Public Works Construction Contracts, Chs. DWD 290-294 Creates s. DWD 290.20, relating to the thresholds for the requirement of prevailing wage rates. EmR0941
	Revises s. DWD 293.02, relating to the adjustment of thresholds for payment and performance assurance bond requirements and affecting small businesses. EmR0942
Scope Statements.
Agriculture, Trade and Consumer Protection:	Revises Ch. ATCP 70, relating to food processing plant license exemptions for certain small processors.
Children and Families:	Safety and Permanence, Chs. DCF 37-59 Revises Ch. DCF 53, relating to adoption record searches.
	Early Care and Education, Chs. DCF 201-252 Revises Ch. DCF 201, relating to establishing and adjusting child care subsidy authorizations.
Commerce:	Financial Resources for Businesses and Communities, Chs. Comm 104— Creates Ch. Comm 137, relating to reallocations for recovery zone facility bonds.
Health Services:	Health, Chs. DHS 110— Revises Ch. DHS 172, relating to the safety, maintenance and operation of public swimming pools and water attractions.
Insurance:	Creates s. Ins 3.75, relating to continuation of group policy coverage for employees and their dependents and affecting small business.
Natural Resources:	Environmental Protection — Air Pollution Control, Chs. NR 400— Revises Chs. NR 400 and 405 to 408, relating to air permitting requirements for particulate matter less than 2.5 microns (PM 2.5), greenhouse gas (GHG) emission, and the Forest County Potawatomi Class I area.
	Revises Ch. NR 485, relating to the motor vehicle inspection and maintenance (I/M) program relating to repair cost limits and emission limitations.

Submittal of Rules to Legislative Council Clearinghouse.
Barbering and Cosmetology Examining Board:	Revises Ch. BC 7, relating to examinations for barbers and cosmetologists, aestheticians, electrologists, manicurists, and managers. CR 10-014
Children and Families:	Safety and Permanence, Chs. DCF 37-59 Revises Chs. DCF 56 and 58, relating to foster care and kinship care. CR 10-021
Commerce:	Ch. Comm 6 Creates Ch. Comm 6, relating to no smoking. CR 10-024
Employment Relations Commission:	Amends Chs. ERC 1 to 12, 14, 17, 19 to 28, and 30 to 33, and creates Chs. ERC 29, 34, and 60 to 68, relating to implementing 2009 Wis. Act 28 amendments to WEPA, MERA and SELRA and creation of FASLRA. CR 10-019
Health Services:	Health, Chs. DHS 110— Creates ss. DHS 195.145 and 197.145, relating to carbon monoxide detectors in lodging establishments, and affecting small businesses. CR 10-015
Insurance:	Revises Subch. III of Ch. Ins 18, relating to independent review and affecting small business. CR 10-023
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board:	Revises s. MPSW 1.11, relating to psychometric testing. CR 10-013
Natural Resources:	Fish, Game, etc., Chs. NR 1— Revises Ch. NR 40, relating to identification, classification and control of invasive species. CR 10-016
	Revises Chs. NR 10, 11, 15 and 19, relating to hunting, trapping, closed areas, and game refuges. CR 10-020
	Revises Chs. NR 20, 21, 23 and 26, relating to fishing in inland, outlying, and boundary waters. CR 10-025
	Environmental Protection — Air Pollution Control, Chs. NR 400— Creates s. NR 400.02 (162) (a) 51. and 52., relating to the definition of the term volatile organic compound (VOC). CR 10-012
Public Defender:	Creates Ch. PD 8, relating to the payments for copies of discovery material provided to staff and private attorneys appointed to represent state public defender clients in legal proceedings. CR 10-022
Workforce Development:	Unemployment Insurance, Chs. DWD 100-150 Revises Ch. DWD 128, relating to determining a claimant's ability to work and availability for work and affecting small businesses. CR 10-017
	Revises Ch. DWD 129, relating to unemployment insurance rules for benefit claiming procedures. CR 10-018
Rule-Making Notices.
Children and Families:	Safety and Permanence, Chs. DCF 37-59 Hearings to consider emergency rules and permanent rules to revise Chs. DCF 56 and 58, relating to foster care and kinship care. EmR0937, CR 10-021
Commerce:	Ch. Comm 6 Hearing to consider rules to create Ch. Comm 6, relating to no smoking. CR 10-024
Employment Relations Commission:	Hearing to consider rules to amend Chs. ERC 1 to 12, 14, 17, 19 to 28, and 30 to 33, and to create Chs. ERC 29, 34, and 60 to 68, relating to implementing 2009 Wis. Act 28 amendments to WEPA, MERA and SELRA and creation of FASLRA. CR 10-019
Insurance:	Hearing to consider rules to revise subch. III of Ch. Ins 18, relating to independent review and affecting small business. CR 10-023
Natural Resources:	Fish, Game, etc., Chs. NR 1— Hearing to consider rules to revise Ch. NR 40, relating to the identification, classification and control of invasive species. CR 10-016
	2010 Annual Spring Hearings to consider rules to revise Chs. NR 10, 11, 15 and 19, relating to hunting, trapping, closed areas, and game refuges; and to revise Chs. NR 20, 21, 23 and 26, relating to fishing in inland, outlying, and boundary waters. CR 10-020, CR 10-025
	Environmental Protection — Air Pollution Control, Chs. NR 400— Hearing to consider rules to create s. NR 400.02 (162) (a) 51. and 52., relating to the definition of the term volatile organic compound (VOC). CR 10-012
Public Instruction:	Hearings to consider rules to amend s. PI 11.36 (6), relating to the identification of children with specific learning disabilities. CR 10-002
Workforce Development:	Unemployment Insurance, Chs. DWD 100-150 Hearing to consider rules to revise Ch. DWD 128, relating to determining a claimant's ability to work and availability for work and affecting small businesses. CR 10-017
	Hearing to consider rules to revise Ch. DWD 129, relating to unemployment benefit claiming procedures. CR 10-018
Submittal of Proposed Rules to the Legislature.
Health Services:	Community Services, Chs. DHS 30— Revises Ch. DHS 75, relating to substance abuse counselors, clinical supervisors, and prevention specialists. CR 09-109
	Health, Chs. DHS 110— Revises Chs. DHS 117, 160, 172, and 253, relating to fees for copies of health care provider records; registration of sanitarians; regulations for public swimming pools and water attractions; and child support cooperation for food stamps. CR 09-115
Insurance:	Creates Ch. Ins 57, relating to care management organizations and affecting small businesses. CR 09-093
	Revises s. Ins 6.77, relating to exemptions for requirement to offer uninsured and underinsured motorist coverage. CR 09-097
Natural Resources:	Fish, Game, etc., Chs. NR 1— Creates s. NR 45.04 (1) (g), relating to the regulation of firewood that may be brought onto state lands. CR 09-103
	Environmental Protection — General, Chs. NR 100— Revises Chs. NR 102 and 106, relating to water quality standards for heat and associated procedures for the calculation of point source effluent limitations. CR 07-111
Public Instruction:	Creates s. PI 8.01 (4), relating to waiver of school hours. CR 09-117
Revenue:	Revises Ch. Tax 11, relating to sales and use tax. CR 09-090
Tourism:	Creates Ch. Tour 3, relating to grants to municipalities and organizations for regional tourist information centers. CR 09-111
Rule Orders Filed with the Legislative Reference Bureau.
Barbering and Cosmetology Examining Board:	Revises Ch. BC 9 and creates Ch. BC 11, relating to renewal and reinstatement of license, and continuing education. CR 09-065
Commerce:	Financial Resources for Businesses and Communities, Chs. Comm 104— Creates Ch. Comm 149, relating to statements and penalties for grant and loan programs, and penalties for tax credit programs. CR 09-045
Health Services:	Health, Chs. DHS 110— Revises Ch. DHS 163, relating to lead-safe renovation activities in pre-1978 housing and child-occupied facilities, and affecting small businesses. CR 09-085
	Revises Ch. DHS 124, relating to forfeitures, anatomical gifts, and automated external defibrillator (AED) training for hospitals. CR 09-089
Insurance:	Creates s. Ins 17.28 (3h), relating to supervision and direction. CR 09-055
Rules Published with this Register and Final Regulatory Flexibility Analyses.
Commerce:	Financial Resources for Businesses and Communities, Chs. Comm 104— Ch. Comm 149, relating to statements and penalties for grant and loan programs, and penalties for tax credit programs. CR 09-045
Natural Resources:	Fish, Game, etc., Chs. NR 1— Ch. NR 46, relating to Managed Forest Law. CR 08-023
	Chs. NR 19 and 20, relating to fishing and clamming on inland, outlying, and boundary waters of Wisconsin. CR 09-018
Public Instruction:	Ch. PI 15, relating to revenue limit exemptions for energy efficiencies. CR 09-071
Transportation:	Chs. Trans 267 and 268 repealed, relating to emergency agricultural transportation permits, and emergency energy conservation permits. CR 09-070
Sections Affected by Rule Revisions and Corrections.
Executive Orders.