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Wisconsin
Administrative
Register
No. 503
Publication Date: November 30, 1997
Effective Date: December 1, 1997
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 5 to 8.
Commerce:
Financial Resources for Businesses and Communities, Chs. Comm 105 to 128
Rules relating to emergency grants under the CDBG program.
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.
Dentistry:
Rule relating to examination requirements for licensed out-of-state dentists.
Department of Employment Relations:
Rules relating to sick leave.
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 relating to the 1997 migratory game bird season.
Public Defender:
Rule relating to calculation of indigency.
State Fair Park Board:
Rules relating to activities in the Park and bail bond schedule.
Transportation:
Rules relating to transportation of school children.
Veterans Affairs:
Rules relating to the personal loan program.
Scope Statements.
Pages 9 to 14.
Commerce:
Ch. Comm 7 - Relating to explosive materials.
Commerce:
Ch. ILHR 32 - Relating to public employe safety and health.
Health & Family Services:
Ch. HFS 89 - Relating to residential care apartment complexes (formerly, Assisted Living Facilities).
Health & Family Services:
Ch. HFS 90 - Relating to birth to 3 program.
Health & Family Services:
SS. HFS 172.04, 175.04, 178.05, 195.04, 196.04, 197.04 and 198.04 - Relating to permit fees for vending of food and beverages, bed and breakfast establishments, restaurants, hotels/motels and tourist rooming houses, campgrounds, and recreational and educational camps.
Insurance:
S. Ins 4.10 - Relating to the Wisconsin insurance plan.
Insurance:
SS. Ins 8.07 and 18.05 - Relating to changes in the small group insurance market and to creditable coverage for the Health Insurance Risk-Sharing Plan (HIRSP).
Natural Resources:
NR Code - Relating to a waiver of slow-no-wake requirement for Lake Tombeau in Walworth County.
Natural Resources:
Ch. NR 21 - Relating to a re-write of the commercial fishing rules for Wisconsin-Minnesota boundary waters.
Natural Resources:
NR Code - Relating to implementing the new automated license issuance system.
Natural Resources:
Ch. NR 191 - Relating to developing new rules for adding lake classification projects to ch. NR 191, “Lake Protection Grants”.
Public Defender:
S. PD 3.02 (1) - Relating to the cost of retained counsel.
Tourism:
Ch. Tour 1 - Relating to the joint effort marketing program.
Veterans Affairs:
Ch. VA 2, 3, 4, 9, 11 and 13 - Relating to revising rules applicable to state veterans benefits.
Workforce Development:
Ch. DWD 60 - Relating to the business enterprise program.
Workforce Development:
Ch. DWD 65 - Relating to order of selection for vocational rehabilitation (VR) services.
Workforce Development:
Ch. DWD 75 - Relating to appeal procedures for people applying for or receiving vocational rehabilitation (VR).
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.

Pages 15 to 16.
Commerce:
Chs. ILHR 20-25 - Relating to the Uniform Dwelling Code.
Dentistry Examining Board:
DE Code - Relating to examination requirements for applicants licensed as dentists in other states.
Employment Relations:
Ch. ER 18 - Relating to annual leave, sick leave credits, the adjustment of sick leave balances for state employes and catastrophic leave.
Insurance:
S. Ins 3.53 - Relating to HIV testing procedures.
Natural Resources:
Ch. NR 5 - Relating to slow-no-wake speed restriction on Tombeau Lake, Walworth County.
Natural Resources:
SS. NR 10.001 and 10.102 - Relating to changing the bear kill and pursuit language to Class A and Class B hunting licenses.
Natural Resources:
Ch. NR 149 - Relating to laboratory certification and registration.
Transportation:
Ch. Trans 276 - Relating to allowing the operation of “double bottoms” (and certain other vehicles) on specified highways.
Transportation:
Ch. Trans 302 - Relating to vehicle marking.
Notices of Hearings or of Proposed Rules.
Pages 17 to 27.
Commerce:
Uniform Dwelling, Chs. ILHR 20-25
Hearings to consider revision of chs. ILHR 20-25, relating to the residential building code.
Employment Relations:
Hearing to consider emergency and permanent revision to ch. ER 18, relating to annual leave, sick leave and catastrophic leave.
Financial Institutions--Securities:
Proposed repeal of rules relating to photocopying charges.
Health & Family Services:
Management, Technology, etc., Chs. HFS 1--
Community Services, Chs. HSS/HFS 30--
Health, Chs. HSS/HFS 110--

Proposed repeal of chs. HFS 10, 67 and HSS 118, relating to elimination of obsolete rules.
Health & Family Services:
Health, Chs. HSS/HFS 110-
Hearings to consider ch. HFS 173, relating to tattoo and body-piercing establishments.
Insurance:
Hearing to consider amendment of s. Ins 3.53, relating to HIV testing procedures.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearing to consider s. NR 5.21 (3), relating to waiver of slow-no-wake speed limit on Tombeau lake, Walworth County.
Hearing to consider revision to ss. NR 10.001 and 10.102, relating to bear kill and pursuit language.
Natural Resources:
Environmental Protection--General, Chs. NR 100--
Hearings to consider revision to ch. NR 149, relating to laboratory certification and registration.
Transportation:
Hearing to consider amendment of ch. Trans 276, relating to operation of “double bottoms” (and certain other vehicles) on certain specified highways.
Hearing to consider amendment of ch. Trans 302, relating to vehicle marking.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.


Page 28.
Agriculture, Trade & Consumer Protection:
(CR 97-86) - SS. ATCP 42.01 and 42.04
Health & Family Services:
(CR 93-188) - SS. HSS 157.16 (2) (a) and 157.165
Natural Resources:
(CR 96-113) - SS. NR 103.02, 103.08, 299.05 & 504.04
Administrative Rules Filed with the Revisor of Statutes Bureau.

Page 29.
Commerce:
(CR 96-172) - Chs. ILHR 51, 54, 55, 56, 66, 69 and 70
and Comm 18
Commerce:
(CR 97-80) - Ch. Comm 27
Natural Resources:
(CR 96-189) - SS. NR 24.09 and 24.10
Natural Resources:
(CR 97-41) - Chs. NR 400, 406 and 407 and
s. NR 439.03
Psychology Examining Board:
(CR 97-85) - S. Psy 4.02 (4) (c) and (6)
Revenue:
(CR 97-94) - S. Tax 11.15
Transportation:
(CR 97-108) - S. Trans 276.07 (8), (10), (13), (15) and
(16)
Rules Published in this Wis. Adm. Register.
Page 30.
Accounting Examining Board:
(CR 97-70) - S. Accy 7.035
Chiropractic Examining Board:
(CR 95-59) - SS. Chir 6.015 and 6.02
Corrections:
(CR 96-180) - SS. DOC 308.01, 308.03 and 308.04
Corrections:
(CR 96-184) - SS. DOC 309.24, 309.37, 309.38 and
309.39
Dietitians Affiliated Credentialing Board:
(CR 97-61) - SS. DI 2.01, 2.02, 2.03, 2.04, 3.01 and 4.01
Financial Institutions--Savings Banks:
(CR 97-28) - S. DFI--SB 3.08
Insurance:
(CR 97-71) - SS. Ins 17.01 and 17.28
Law Enforcement Standards Board:
(CR 96-118) - Chs. LES 1 to 6
Public Instruction:
(CR 97-81) - Chs. PI 3 and 4 and s. PI 8.01
Public Service Commission:
(CR 95-62) - Ch. PSC 168
Regulation & Licensing:
(CR 97-48) - Ch. RL 30 to 35
Transportation:
(CR 97-6) - Chs. Trans 253 and 259 and
s. Trans 255.06 (6)
Transportation:
(CR 97-34) - Ch. Trans 177
Workforce Development:
(CR 97-100) - S. DWD 272.14
Final Regulatory Flexibility Analyses.
Pages 31 to 32.
1. Accounting Examining Board:
(CR 97-70) - S. Accy 7.035
2. Chiropractic Examining Board:
(CR 95-59) - SS. Chir 6.015 and 6.02
3. Corrections:
(CR 96-180) - SS. DOC 308.01, 308.03 and 308.04
4. Corrections:
(CR 96-184) - SS. DOC 309.24, 309.37, 309.38 and
309.39
5. Dietitians Affiliated Credentialing Board:
(CR 97-61) - SS. DI 2.01, 2.02, 2.03, 2.04, 3.01 and 4.01
6. Financial Institutions--Savings Banks:
(CR 97-28) - S. DFI--SB 3.08
7. Insurance:
(CR 97-71) - SS. Ins 17.01 and 17.28
8. Law Enforcement Standards Board:
(CR 96-118) - Chs. LES 1 to 6
9. Public Instruction:
(CR 97-81) - Chs. PI 3 and 4 and s. PI 8.01
10. Public Service Commission:
(CR 95-62) - Ch. PSC 168
11. Regulation & Licensing:
(CR 97-48) - Ch. RL 30 to 35
12. Transportation:
(CR 97-6) - Chs. Trans 253 and 259 and
s. Trans 255.06 (6)
13. Transportation:
(CR 97-34) - Ch. Trans 177
14. Workforce Development:
(CR 97-100) - S. DWD 272.14
Executive Orders.
Page 33.
Executive Order 319:
Relating to the Creation of the Wisconsin International Trade Council.
Executive Order 320:
Relating to a Special Election for the Forty-Second Assembly District.
Executive Order 321:
Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for the Reverend John P. Raynor, S.J., the Late President of Marquette University.
Public Notice.
Pages 34 to 35.
Securities (Financial Institutions):
Public notice relating to an order concerning broker-dealers, investment advisers, broker-dealer agents and investment adviser representatives using the Internet for general dissemination of information on products and services.
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
(Financial Resources for Businesses and Communities, Chs. Comm 105 to 128)
Rule adopted amending s. Comm 108.21 (1) (f), relating to the emergency grants under the Community Development Block Grant (CDBG) program.
Finding of Emergency
The Department of Commerce (Commerce) finds that 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:
A closer examination of the revised rules to take effect on November 1, 1997 will not allow Commerce to award emergency grants to local governments experiencing a natural disaster or catastrophic event using other state or federal grant funds as match. Those rules do not specify a source for the match funds, and up to the present time, many of the emergency grants did use state and/or federal grants as match. The most recent example of an emergency is the tornado that devastated the Village of Oakfield. In that case, the Federal Emergency Management Administration (FEMA) and state Division of Emergency Management (DEM) funds were used as match for a CDBG emergency grant.
The floods that occurred in June 1997 in the Milwaukee area may generate some emergency requests for repair and remediation activities. Under the rules that take effect November 1, 1997, Commerce would not be able to use the FEMA and DEM grants as match for these emergency projects.
The nature of the emergency program makes it impossible to anticipate future applications for obvious reasons. Commerce must have a program in place and ready to respond on short notice when an emergency occurs. The emergency rule will allow the use of other grant funds as match. It is very important that Commerce be ready to respond in a timely manner to the needs of the citizens of this state in times of emergency.
Publication Date:   October 30, 1997
Effective Date:   November 1, 1997
Expiration Date:   April 1, 1998
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
Extension Through:   December 26, 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
Extension Through:   December 28, 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
Hearing Dates:   October 15, 16 & 17, 1997
EMERGENCY RULES NOW IN EFFECT
Dentistry Examining Board
A rule was adopted revising s. DE 2.04 (1) (e), relating to examination requirements for applicants licensed as dentists in other states.
Finding of Emergency
These rules are promulgated under s. 227.24 (1) (a), Stats. The Governor vetoed a provision in the budget bill which would have permitted dentists licensed in other states to obtain a license in Wisconsin, despite their not having passed a clinical licensing examination with a periodontal part. In doing so, the Governor requested the board adopt an emergency rule to permit these dentists to obtain licenses in Wisconsin under other reasonable and appropriate methods. The concern for the public health, safety and welfare is that this state's citizens are currently being deprived of necessary dental services from qualified dentists who, themselves, are experiencing substantial and perhaps unnecessary hardship in becoming licensed in Wisconsin. These rules are put into effect prior to the time they would be effective under routine rulemaking procedures to assure that the public is not deprived of necessary dental services from qualified dental professionals and that adequate safeguards for protecting the health and safety of dental patients are part of the licensing process.
Publication Date:   October 18, 1997
Effective Date:   October 18, 1997
Expiration Date:   March 18, 1997
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