(608) 266-2011 Fax (608) 267-0410
Bruce Munson
Revisor of Statutes
Gary L. Poulson
Deputy Revisor of Statutes
Assistant Revisor-Administrative Code
November 14, 1996
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T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 5 to 11.
Commerce:
Fee Schedule, Ch. Comm 2
Credentials, Ch. Comm 5
Elevators, Ch. Comm 18

Rules relating to inspection of elevators.
Corrections:
Rules relating to inmate secure work groups .
Rules relating to registration and community notification of sex offenders.
Rule adopted relating to the inmate complaint review system.
Health & Family Services:
Health, Chs. HSS 110--
Rules relating to lead abatement.
Insurance, Commissioner of:
Rule relating to increase in premium rates for the Health Insurance Risk-Sharing Plan (HIRSP).
Rules relating to patients compensation fund.
Rules relating to patients compensation fund.
Natural Resources:
Fish, Game, etc., Chs. NR 1-
Rule relating to notice of receipt of an application to incidentally take an endangered or threatened species.
Rules adopted revising ch. NR 10, relating to the 1997 migratory game bird season. [FIRST APPEARANCE]
Public Defender:
Rule adopted revising ch. PD 3, relating to calculation of indigency. [FIRST APPEARANCE]
Public Instruction:
Rules relating to private school choice program.
Rules relating to teacher certification.
Revenue:
Rules relating to sales and use tax treatment of landscaping services.
State Fair Park Board:
Rules relating to activities in the Park and bail bond schedule.
Transportation:
Rules relating to transportation of school children.
Workforce Development:
Economic Support, Chs. DWD 11-59
Rules relating to Wisconsin Works program.
Scope Statements.
Pages 12 to 13.
Natural Resources:
Ch. NR 10 - Relating to changes needed to reflect the changes in 1997 Wis. Act 1 (fee package), pertaining to the hunting of bear.
Natural Resources:
NR Code - Relating to requesting NRB authority to adopt emergency and permanent rules to implement private forest landowner grant program.
Natural Resources:
S. NR 485.04 - Relating to revision to Table 1 “Emission Limitations for the Transient Emission Test”.
Natural Resources:
Ch. NR 113 - Relating to septage management.
Veterinary Examining Board:
VE Code - Relating to the practice of veterinarians and veterinary technicians.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.

Pages 14 to 15.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 29 - Relating to pesticide use and control.
Natural Resources:
S. NR 20.13 (2) - Relating to prohibiting ice fishing shelters on the Fox River in Brown County below the dam at DePere.
Natural Resources:
S. NR 24.09 - Relating to closure of washboard mussel season on Wisconsin-Iowa boundary waters.
Natural Resources:
S. NR 25.03 - Relating to minimum catch requirements for the renewal of annual Lake Michigan commercial fishing licenses.
Natural Resources:
S. NR 102.10 (1m) - Relating to outstanding resource waters.
Public Defender:
S. PD 3.038 (2) - Relating to the calculation of indigency.
Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board:

SFC Code - Relating to the examination requirements and procedures, academic programs equivalent to master's and doctorate degrees in professional counseling, and temporary certificates for professional counselors.
Notices of Hearings or of Proposed Rules.
Pages 16 to 34.
Agriculture, Trade & Consumer Protection:
Hearings to consider revision to ch. ATCP 30, relating to use of atrazine pesticides.
Hearings to consider revision to ch. ATCP 29, relating to use and control of pesticides.
Corrections:
Hearings to consider revision to ch. DOC 310, relating to the inmate complaint review system.
Higher Educational Aids Board:
Hearings to consider the revision of ch. HEA 9, relating to the Academic Excellence Scholarship Program.
Medical Examining Board:
Hearing to consider s. Med 10.02 (2) (zb), relating to prescribing controlled substances for treatment of obesity.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearing to consider a revision to s. NR 20.13, relating to ice fishing shelters.
Hearings to consider amendment of s. NR 24.09 (1) (a) and (2), relating to the commercial harvest of washboard mussels.
Hearings to consider revision to s. NR 25.03, relating to minimum catch requirements for renewal of Lake Michigan commercial fishing licenses.
Natural Resources:
Environmental Protection--General, Chs. NR 100--
Hearings to consider revision to s. NR 102.01, relating to designating certain flowages as outstanding resource waters.
Public Defender:
Hearing to consider s. PD 3.038, relating to calculation of indigency.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.


Page 35.
Commerce:
(CR 96-172) - Chs. Comm 18 and ILHR 51, 52, 66, 69
and 70
Corrections:
(CR 97-30) - Ch. DOC 311
Corrections:
(CR 97-92) - Ch. DOC 332
Corrections:
(CR 97-95) - Ch. DOC 304
Natural Resources:
(CR 97-16) - Ch. NR 18
Natural Resources:
(CR 97-21) - Chs. NR 500 and502 and ss. NR 503.10,
506.095, 506.18, 507.02 and 516.04
Natural Resources:
(CR 97-39) - S. NR 37.04
Natural Resources:
(CR 97-40) - Ch. NR 45 and s. NR 51.91
Natural Resources:
(CR 97-41) - SS. NR 400.02 and 406.04 and ch. NR 407
Natural Resources:
(CR 97-58) - S. NR 10.12 (11)
Natural Resources:
(CR 97-88) - SS. NR 10.001, 10.01 and 10.125
Administrative Rules Filed with the Revisor of Statutes Bureau.

Page 36.
Financial Institutions--Credit Unions:
(CR 97-49) - Ch. CU 54 (Ch. DFI-CU 54)
Financial Institutions--Credit Unions:
(CR 97-50) - Ch. CU 55 (Ch. DFI-CU 55)
Financial Institutions--Credit Unions:
(CR 97-51) - Ch. CU 57 (Ch. DFI-CU 57)
Financial Institutions--Credit Unions:
(CR 97-52) - Ch. CU 70 (Ch. DFI-CU 70)
Educational Approval Board:
(CR 97-35) - Chs. EAB 1, 4, 5 6, 7, 8, 9 and 10
Insurance, Commissioner of:
(CR 97-76) - S. Ins 18.07 (5) (bg)
Transportation:
(CR 97-60) - SS. Trans 206.02 (1) and 206.03 (12) (c) 3
Transportation:
(CR 97-64) - Ch. Trans 305
Rules Published in this Wis. Adm. Register.
Page 37.
Corrections:
(CR 96-92) - Ch. DOC 326
Corrections:
(CR 96-163) - S. DOC 313.025
Corrections:
(CR 96-176) - Ch. DOC 324
Insurance, Commissioner of:
(CR 97-9) - S. Ins 2.17
Natural Resources:
(CR 96-188) - SS. NR 120.02, 120.14 and 120.18
Natural Resources:
(CR 97-3) - SS. NR 400.03, 406.04, 439.07 and
460 Appendix N and chs. NR 407 and 463
Nursing Home Administrator Examining Board:
(CR 97-42) - Chs. NHA 1 to 6
Optometry Examining Board:
(CR 97-22) - Chs. Opt 1, 3, 4, 5, 6 and 7
Public Service Commission:
(CR 97-10) - Ch. PSC 114
Regulation & Licensing:
(CR 97-25) - Chs. RL 100 to 105 and 110 to 116
Revenue:
(CR 96-79) - Ch. Tax 18
Revenue:
(CR 97-46) - S. Tax 11.66 (2) (intro.) and (5)
Revenue:
(CR 97-53) - Chs. ATCP 53 and Tax 53
Transportation:
(CR 97-63) - S. Trans 276.07
Workforce Development:
(CR 96-181) - SS. DWD 272.01 and 272.03
Workforce Development:
(CR 97-23) - Subch. VII of ch. HSS 55 and
S. DWD 56.08
Workforce Development:
(CR 97-33) - Chs. DWD 290 and ILHR 290
Final Regulatory Flexibility Analysis.
Pages 38 to 41.
1. Corrections:
(CR 96-92) - Ch. DOC 326
2. Corrections:
(CR 96-163) - S. DOC 313.025
3. Corrections:
(CR 96-176) - Ch. DOC 324
4. Insurance, Commissioner of:
(CR 97-9) - S. Ins 2.17
5. Natural Resources:
(CR 96-188) - SS. NR 120.02, 120.14 and 120.18
6. Natural Resources:
(CR 97-3) - SS. NR 400.03, 406.04, 439.07 and
460 Appendix N and chs. NR 407 and 463
7. Nursing Home Administrator Examining Board:
(CR 97-42) - Chs. NHA 1 to 6
8. Optometry Examining Board:
(CR 97-22) - Chs. Opt 1, 3, 4, 5, 6 and 7
9. Public Service Commission:
(CR 97-10) - Ch. PSC 114
10. Regulation & Licensing:
(CR 97-25) - Chs. RL 100 to 105 and 110 to 116
11. Revenue:
(CR 97-46) - S. Tax 11.66 (2) (intro.) and (5)
12. Revenue:
(CR 96-79) - Ch. Tax 18
13. Revenue:
(CR 97-53) - Chs. ATCP 53 and Tax 53
14. Transportation:
(CR 97-63) - S. Trans 276.07
15. Workforce Development:
(CR 96-181) - SS. DWD 272.01 and 272.03
16. Workforce Development:
(CR 97-23) - Subch. VII of ch. HSS 55 and
S. DWD 56.08
17. Workforce Development:
(CR 97-33) - Chs. DWD 290 and ILHR 290
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
Department of Commerce
(Fee Schedule, Ch. Comm 2)
(Credentials, Ch. Comm 5)
(Elevators, Ch. Comm 18)
Rules adopted revising chs. Comm 2, 5 and 18, relating to inspection of elevators and mechanical lifting devices.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
The Department inspects elevators and mechanical lifting devices to ensure these units are installed and operating in accordance with the elevator safety rules. The Department is required to inspect both new and existing elevator installations. Due to the increased number of elevators and mechanical lifting devices installed in new construction, the Department has not been able to keep up with all of its required inspections. To ensure that the citizens of Wisconsin are safe when using elevators and other mechanical lifting devices, the Department must increase the number of people performing these safety inspections.
The Department rules relating to fees, certification, and inspection procedures are being modified to permit additional individuals to perform inspections of elevators and other mechanical lifting devices. The Department proposes to fund additional inspections by amending its fees to match Department expenses. Plan review and certificate of operation fees would be lowered. Inspection fees would be raised.
Publication Date:   May 4, 1997
Effective Date:   June 1, 1997
Expiration Date:   October 30, 1997
Hearing Date:   July 29, 1997
EMERGENCY RULES NOW IN EFFECT (3)
Department of Corrections
1.   Rules adopted creating ch. DOC 304, relating to inmate secure work groups.
Finding of Emergency
The Department of Corrections finds an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
Effective June 1, 1997, appropriations will be made available to the Department of Corrections for the establishment of secure work groups. Section 303.063 (2), Stats. requires that if the Department establishes a secure work program, the Department shall, before implementing the program, promulgate rules specifying the procedures and regulations relating to the program. The Department has just begun the permanent rule process for establishing the administrative rules for the secure work program. It typically takes nine months for a permanent administrative rule to be promulgated from the time the permanent rule making process begins.
The Department needs to adopt administrative rules regarding the organization and operation of the secure work group program in order to have rules in place which will comply with Sec. 303.063 (2), Stats. The rules will provide for the protection of the public, the correctional officers and the inmates by providing the requirements for participation in the program as well as providing for safety and security concerns.
An emergency currently exists as the prison population is idle and needs secure work groups to provide inmates work opportunities, to prepare inmates for work opportunities upon release to the community, and to reintegrate inmates into the community.
Publication Date:   May 30, 1997
Effective Date:   May 30, 1997
Expiration Date:   October 28, 1997
Hearing Dates:   August 25, 28 & 29, 1997
2.   Rules adopted creating ch. DOC 332, relating to registration and community notification of sex offenders.
Finding of Emergency
The Department of Corrections finds that an emergency exists and that a rule is necessary for the immediate preservation of the public safety. A statement of the facts constituting the emergency is: The legislature has directed the department to implement programs for sex offender registration and community notification by June 1, 1997. Emergency rules are necessary to implement the June 1, 1997, timeline mandated by the legislature, inform sex offenders of registration procedures, and inform law enforcement, victims and the public of the right to access information under the procedures designed by the department. Emergency rules are necessary to implement the June 1, 1997, timeline established by the legislature while permanent rules are developed and promulgated.
Publication Date:   June 1, 1997
Effective Date:   June 1 , 1997
Expiration Date:   October 30, 1997
Hearing Dates:   August 27, 28 & 29, 1997
3.   Rules adopted revising ch. DOC 310, relating to inmates complaint review system.
Finding of Emergency
The Department of Corrections finds an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
There is a Corrections Complaint Examiner with two investigator positions and a program assistant position at the Department of Justice. The number and placement of these Corrections Complaint Examiner positions have been in effect for years. At the present time there is a substantial backlog of approximately 3,000 inmate complaints which need to be reviewed by the Corrections Complaint Examiner. The Department of Justice's position is that it will no longer do the Corrections Complaint Examiner function.
The Department must change its administrative rule to reflect the placement of the Corrections Complaint Examiner function from the Department of Justice to the Department of Corrections. The Department must also change its administrative rule regarding inmate complaints to make the system more efficient as a substantial backlog now exists, and there will be no new positions at the Department of Corrections to do the work of the Corrections Complaint Examiner.
The Department's purpose in the inmate complaint review system is to afford inmates a process by which grievances may be expeditiously raised, investigated, and decided. An efficient inmate complaint review system is required for the morale of the inmates and the orderly functioning of the institutions. An emergency exists due to the current backlog and the proposed moving of the function which will require the Department of Corrections to do the work of the Corrections Complaint Examiners with no new positions.
Publication Date:   August 4, 1997
Effective Date:   August 4, 1997
Expiration Date:   January 2, 1998
EMERGENCY RULES NOW IN EFFECT
Health and Family Services
(Health, Chs. HSS 110--)
Rules adopted revising ch. HSS 163, relating to certification for lead abatement work and lead management activities.
Finding of Emergency
The Department of Health and Family Services finds that an emergency exists and rules are necessary for the immediate preservation of the public peace, health, safety or welfare. The facts constituting the emergency are as follows:
Exposure to lead in paint, dust or soil is known to have both short term and long term deleterious effects on the health of children, causing learning disabilities, decreased growth, hyperactivity, impaired hearing, brain damage, and even death. Occupational exposure in adults may result in damage to the kidneys, the central nervous system in general, and the brain in particular, and to the reproductive system. Children born of a parent who has been exposed to excessive levels of lead are more likely to have birth defects, mental retardation or behavioral disorders, or to die during the first year of childhood. About one child in six has a level of lead in the blood that exceeds the threshold for risk.
A residential dwelling or other building built before 1978 may contain lead- based paint. When lead-based paint on surfaces like walls, ceilings, windows, woodwork and floors is broken, sanded or scraped down to dust and chips, the living environment can become a source of poisoning for occupants. When it becomes necessary or desirable to identify lead hazards in order to determine the appropriate method of hazard reduction or abatement, it is imperative that persons who provide lead hazard evaluation and other lead management services be properly trained to ensure accurate lead inspection or assessment results. A reliable lead inspection or assessment is necessary to ensure a lead-safe environment for building occupants, especially children under the age of six, who are the most vulnerable population affected by lead-based paint and lead- contaminated dust and soil.
Under s. 254.176, Stats., the Department may establish training and certification requirements for any person who performs or supervises lead hazard reduction or lead management. In addition, s. 254.178, Stats., states that no person may advertise or conduct a training course in lead hazard reduction or lead management that is represented as qualifying persons for state certification unless the course is accredited by the Department.
In 1993, the Department created ch. HSS 163, Wis. Adm. Code, Certification for Lead Abatement and Other Lead Hazard Reduction, to regulate the training and certification of lead abatement workers and supervisors and to accredit the corresponding training courses. Rules were needed to meet eligibility requirements for a $6 million federal Department of Housing and Urban Development (HUD) grant to fund lead hazard reduction in low and moderate income housing where children under the age of six are found to have elevated blood lead levels.
Development of rules for training and certifying lead management professionals, including lead inspectors, risk assessors, and project designers, and for accrediting the corresponding courses, was postponed pending publication of U.S. Environmental Protection Agency (EPA) lead training and certification regulations. Initially expected in June 1994, these EPA regulations were not published until August 29, 1996.
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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.