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Bruce Munson
Revisor of Statutes
Gary L. Poulson
Deputy Revisor of Statutes
Assistant Revisor-Administrative Code
November 14, 1996
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Cover_w_new_comp_S30
Wisconsin
Administrative
Register
No. 501
Publication Date: September 30, 1997
Effective Date: October 1, 1997
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
TabCon_S30
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
emerg_sep
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.
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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.