Madison, Wisconsin 53703-3233
(608) 266-2011 Fax (608) 264-6978
Bruce Munson
Revisor of Statutes
Gary L. Poulson
Deputy Revisor of Statutes
Assistant Revisor-Administrative Code
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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.
Rules relating to kennel owner licenses.
Building and Heating, etc., Chs. 50-64
Multifamily Dwellings, ch. 66

Rules adopted revising chs. ILHR/Comm 51, 57 and 66, relating to the commercial building and multi-family codes. [FIRST APPEARANCE]
Financial Resources for Businesses and Communities, Chs. Comm 105 to 128
Rules relating to emergency grants under the CDBG program.
Rules relating to the Brownfields Grant Program.
Rules relating to registration and community notification of sex offenders.
Rule adopted relating to the inmate complaint review system.
Rules relating to polygraph examinations for sex offenders.
Rule relating to examination requirements for licensed out-of-state dentists.
Department of Employment Relations:
Rules relating to sick leave.
Wisconsin Gaming Board:
See Administration.
Rule relating to a decrease in premium rates for the Health Insurance Risk-Sharing Plan, effective January 1, 1998.
Rules relating to life insurance solicitations.
Rules relating to a decrease in premium rates for the Health Insurance Risk-Sharing Plan (HIRSP) and correcting errors in the published rate table.
Rules relating to a deductible alternative to HIRSP.
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 reservations for state parks, forests and other lands.
Natural Resources:
Environmental Protection--Air Pollution Control,
Chs. NR 400--

Rule relating to emission limitations for motor vehicles.
Public Instruction:
Rules adopted creating ch. PI 36, relating to full-time open enrollment. [FIRST APPEARANCE]
Rules adopted revising ch. PI 40, relating to the youth options program. [FIRST APPEARANCE]
Rules relating to the Transportation Infrastructure Loan Program.
Veterans Affairs:
Rules relating to the personal loan program.
Workforce Development:
Economic Support, Chs. DWD 11 to 59
Rules relating to Learnfare.
Scope Statements.
Pages 12 to 15.
Adm Code - Relating to Wisconsin Land Information Board grants-in-aid to local government program.
Ch. Comm 106 - Relating to Financial assistance programs for businesses under the Wisconsin Development Fund (WDF), including the Technology Development Fund, Customized Labor Training, Major Economic Development, and Small Business Innovation Research Bridge Financing programs.
Ch. Comm 114 - Relating to the Minority Business Development Fund Program.
Ch. Comm 115 - Relating to the Community-Based Economic Development Program.
Ch. Comm 116 - Relating to the Rural Economic Development Program.
Ch. Comm 119 - Relating to the Mining Economic Development Grants and Loans Program.
Natural Resources:
NR Code - Relating to the wildlife damage abatement and claims program and to the urban wildlife grant program rules.
Natural Resources:
NR Code - Relating to recycling grants to Responsible Units (RU's). (RU's are county and municipal governments responsible to manage recycling in their jurisdiction.)
S. Tax 11.99 - Relating to the adult entertainment tax as created by 1997 Wis. Act 27, effective April 1, 1998.
Ch. Trans 309 - Relating to ambulance inspections.
Workforce Development:
Ch. DWD 290 - Relating to nonapplicability limits for application of the state prevailing wage rate laws.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 16 to 17.
Agriculture, Trade & Consumer Protection:
Chs. ATCP 32, 33, 35 - Relating to the Department's fertilizer bulk storage, pesticide bulk storage and the agricultural chemical cleanup programs.
Arts Board:
Chs. AB 1 to 4 - Relating to the Arts Board grant and percent for Arts Programs.
Hearing and Speech Examining Board:
HAS Code - Relating to hearing instrument specialists.
Public Instruction:
Ch. PI 36 - Relating to the open enrollment program.
Public Instruction:
Ch. PI 40 - Relating to the youth options program.
Regulation & Licensing:
RL Code - Relating to real estate brokers and real estate salespeople.
Veterinary Examining Board:
VE Code - Relating to veterinarians and veterinary technicians.
Notices of Hearings or of Proposed Rules.
Pages 18 to 38.
Agriculture, Trade & Consumer Protection:
Hearings to consider revision to chs. ATCP 32, 33 and 35, relating to the department's bulk fertilizer and pesticide storage programs and agricultural chemical cleanup program.
Hearing to consider ch. ATCP 143, relating to the corn marketing orders.
Arts Board:
Hearing to consider chs. AB 1 to 4, relating to grant programs and arts in public places.
Gaming Board:
Hearing to consider the emergency rule and the permanent rule amendments to ch. WGC 13, relating to license fees for kennel owners at greyhound racetracks.
Hearing and Speech Examining Board:
Hearing to consider revision to chs. HAS 1 to 6, relating to hearing instrument specialists.
Regulation & Licensing:
Hearing to consider revisions to chs. RL 11 to 26, relating to real estate brokers and real estate salespersons.
State Fair Park Board:
Hearing to consider chs. SFP 2 and 7, relating to minimum age for certain criminal activities and bond schedule.
Veterinary Examining Board:
Hearing to consider revisions to chs. VE 1 to 10, relating to veterinarians and veterinary technicians.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 39.
Agriculture, Trade & Consumer Protection:
(CR 97-125) - Ch. ATCP 29
(CR 97-156) - S. Comm 108.21 (1)(f)
(CR 96-180) - Ch. DOC 308
(CR 97-79) - Ch. DOC 309
Medical Examining Board:
(CR 97-114) - S. Med 10.02 (2) (zb)
(CR 97-155) - Ch. Tour 1
(CR 97-144) - Ch. Trans 302
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 40.
(CR 96-164) - Ch. Adm 66
(CR 96-165) - Ch. Adm 67, Ch. Trans 141
Agriculture, Trade & Consumer Protection:
(CR 97-86) - Ch. ATCP 42
(CR 97-115) - Chs. Comm 5, 17 & ILHR 20 & 41
(CR 97-92) - ch. DOC 332
Higher Educational Aids Board:
(CR 97-111) - Ch. HEA 9
(CR 96-192) - S. Ins 2.80
Natural Resources:
(CR 97-20) - S. NR 10.02 (9)
Natural Resources:
(CR 97-120) - S. NR 102.10 (1m)6., 9., 9m., 11
Natural Resources:
(CR 97-122) - S. NR 25.03 (2)(b)
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.
Department of Administration
(Gaming Board)
Rules adopted revising ch. WGC 13, relating to the license fees of kennel owners that own and operate kennels at Wisconsin greyhound racetracks.
Finding of Emergency
Statutory Authority: ss. 16.004(1), 562.02(1) and 562.05(2)
Statutes Interpreted: ss. 562.02(1)(am) and 562.05(2)
The Department of Administration's Division of Gaming finds that an emergency exists and the rule amendments are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
For CY 1998, the Wisconsin racetracks were unable to recruit kennels to operate at the state's three existing racetracks. The 1997 license fee of $750.00 per kennel is too cost prohibitive to the kennels and therefore they pursue booking agreements in other states. By decreasing the cost to $350.00 and allowing the license to be valid at all Wisconsin racetracks, the racetracks will be able to attract quality kennels.
As a result of the increased competition for the availability of greyhounds throughout the country, license fees and purse revenues are the only considerations that racetracks have to offer when attempting to recruit kennels. If the racetracks are unsuccessful in recruiting new kennels or maintaining existing kennels, then races or whole performances would have to be canceled due to the lack of greyhounds.
In conjunction with the canceled races or performances and the associated decrease in handle, the revenue generated for the state related to greyhound racing would decrease accordingly.
Publication Date:   December 8, 1997
Effective Date:   December 8, 1997
Expiration Date:   May 7, 1998
Hearing Date:   February 26, 1998
[See Notice this Register]
Department of Commerce
(Building & Heating, etc., Chs. Comm/ILHR 50-64)
(Uniform Multifamily Dwellings, Ch. ILHR 66)
Rules adopted revising chs. Comm 51, ILHR 57 and 66, relating to commercial buildings and multifamily dwellings.
Finding of Emergency and Rule Analysis
The Department of Commerce finds that an emergency exists and that adoption of the rule is necessary for the immediate preservation of public health, safety, and welfare.
The facts constituting the emergency are as follows. Under ss. 101.02 (15), 101.12, and 101.971 to 101.978, Stats., the Department protects public health, safety, and welfare by promulgating construction requirements for commercial and public buildings, including multifamily dwellings. Present requirements include methods for stopping fire in one area of a building from spreading to another area through service openings in walls, floors, and ceilings, such as penetrations for plumbing and electrical components. The methods that were specified have been shown to fail under fire testing conditions.
The proposed rule impacts all public buildings, which includes multifamily dwellings, and replaces the failed firestopping methods with techniques, materials, and methods that have been tested and nationally recognized. The rule essentially mandates use of tested and listed fire-stop systems for nearly all penetrations of every wall, floor, and ceiling that is required to provide area-separation protection consisting of either a fire-protective membrane or fire-resistive rated construction. The rule also clarifies some problematic, technical provisions that have resulted in confusion and unnecessary costs. Without the proposed rule revisions, firestopping methods that have been proven to be ineffective would still be allowed to be utilized, thereby putting public safety and health at risk.
Pursuant to s. 227.24, Stats., this rules is adopted as an emergency rule to take effect upon publication in the official state newspaper and filing with the Secretary of State and Revisor of Statutes.
Publication Date:   January 28, 1998
Effective Date:   January 28, 1998
Expiration Date:   June 27, 1998
Department of Commerce
(Financial Resources for Businesses and Communities, Chs. Comm 105 to 128)
1. 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:   March 31, 1998
Hearing Date:   January 13, 1998
2. Rule adopted creating ch. Comm 110, relating to the Brownfields Grant Program.
Exemption From Finding of Emergency
On October 14, 1997, 1997 Wis. Act 27 took effect. That act created s. 560.13, Stats., which appropriated $5.0 million in funds for each of the state fiscal years of the biennium that can be distributed by the Department of Commerce in the form of grants for brownfields redevelopment or associated environmental remediation. The act requires the department to promulgate administrative criteria for issuing grants for brownfields redevelopment and associated environmental remediation, prescribing the amounts of grants that may be awarded, and including criteria for the awarding of grants on the basis of projects that promote economic development, positive effects on the environment, the total of and quality of the recipient's contribution to their project and innovative proposals for remediation and redevelopment. The act directs the department to promulgate an emergency rule to begin implementing the Brownfields Grant Program before permanent rules may be promulgated under ch. 227, Stats., and exempts the department from making a finding of emergency. This emergency rule was developed in consultation with the Department of Natural Resources and the Department of Administration.
Publication Date:   December 31, 1997
Effective Date:   December 31, 1997
Expiration Date:   May 30, 1998
Department of Corrections
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.