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Madison, WI 53707-7840
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T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
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Pages 5 to 12.
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Administration:
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Rules relating to kennel owner licenses.
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Commerce:
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Building and Heating, etc., Chs. 50-64
Multifamily Dwellings, ch. 66
Rules relating to the commercial building and multi-family codes.
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Commerce:
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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.
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Corrections:
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Rule adopted relating to the inmate complaint review system.
Rules relating to polygraph examinations for sex offenders.
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Dentistry:
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Rule relating to examination requirements for licensed out-of-state dentists.
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Department of Employment Relations:
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Rules relating to sick leave.
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Wisconsin Gaming Board:
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See Administration.
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Insurance:
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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.
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Natural Resources:
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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.
Rules adopted creating ch. NR 47, subch. VIII, relating to the forest fire protection grant program. [FIRST APPEARANCE]
Rules adopted creating ch. NR 47, subch. VII, relating to the private forest landowner grant program. [FIRST APPEARANCE]
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Natural Resources:
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Environmental Protection--Air Pollution Control,
Chs. NR 400--
Rule relating to emission limitations for motor vehicles.
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Public Instruction:
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Rules relating to full-time open enrollment.
Rules relating to the youth options program.
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Transportation:
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Rules relating to the Transportation Infrastructure Loan Program.
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Veterans Affairs:
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Rules relating to the personal loan program.
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Workforce Development:
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Economic Support, Chs. DWD 11 to 59
Rules relating to Learnfare.
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Workforce Development:
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Wage Rates, Chs. DWD 290-294
Rules adopted revising ch. DWD 290, relating to prevailing wage rates for state and local public works projects. [FIRST APPEARANCE]
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Scope Statements.
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Pages 13 to 18.
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Agriculture, Trade & Consumer Protection:
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Ch. ATCP 34 - Relating to the Chemical and Container Collection Program.
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Agriculture, Trade & Consumer Protection:
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Ch. ATCP 60 - Relating to dairy farms.
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Agriculture, Trade & Consumer Protection:
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Ch. ATCP 80 - Relating to updating rules related to dairy plants to conform to current national standards and to address emerging food safety issues.
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Controlled Substances Board:
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CSB Code - Relating to classification of the prescription drug, butorphanol, as a schedule IV controlled substance under state law.
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Health & Family Services:
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Ch. HFS 12 - Relating to background information checks on prospective and current operators and employes of facilities, agencies and programs regulated under Department rules that take care of or provide care and treatment for vulnerable persons.
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Health & Family Services:
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SS. HSS 149.02 (6) and 149.03 (7) (a) - Relating to the special supplemental nutrition program for Women, Infants and Children (WIC): standard dates for expiration of vendor authorization and for start of reauthorization.
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Natural Resources:
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Ch. NR 10 - Relating to the establishment of the 1998 migratory game bird hunting seasons.
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Natural Resources:
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Ch. NR 25 - Relating to commercial fishing - outlying waters.
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Public Instruction:
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S. PI 2.05 (2) (a) - Relating to the criteria used in determining whether a school district is small, medium or large, in order to result in a more equitable representation of the Wisconsin student population on the School District Boundary Appeal Board (SDBAB).
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Public Instruction:
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S. PI 3.03 - Relating to the creation of a new category of licenses for educational professionals, the urban teacher license.
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Public Instruction:
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Ch. PI 11 - Relating to modifying ch. PI 11 to conform with the Individuals with Disabilities Education Act amendments of 1997 (IDEA 1997) and subch. V of ch. 115, Stats., as amended pending the enactment of 1997 Senate Bill 384.
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Transportation:
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Ch. Trans 276 - Relating to the network of highways on which long combination vehicles may operate.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 19 to 21.
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Commerce:
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Chs. Comm 51 and ILHR 57 and 66 - Relating to the Commercial Building Code and the Uniform Multifamily Dwelling Code.
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Insurance:
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S. Ins 18.05 (5) - Relating to aggregating (counting) creditable coverage for the state Health Insurance Risk-Sharing Plan (“HIRSP”), pursuant to s. 149.10 (2t) (a), Stats.
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Insurance:
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S. Ins 18.07 (5) (bm) - Relating to state Health Insurance Risk-Sharing Plan (“HIRSP”) with $2500 deductible mandated by s. 619.146, Stats.
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Natural Resources:
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Chs. NR 10, 11 and 45 - Relating to hunting and trapping.
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Natural Resources:
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Chs. NR 10, 11, 15, 19 and 27 - Relating to wildlife management housekeeping rules.
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Natural Resources:
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S. NR 20.16 - Relating to telephonic reporting by Great Lakes charter captains.
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Natural Resources:
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Chs. NR 20, 21, 23, 25 and 26 - Relating to recreational and commercial fishing regulations and fish refuges.
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Natural Resources:
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Ch. NR 21 - Relating to commercial fishing in Wisconsin-Minnesota boundary waters.
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Natural Resources:
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Ch. NR 166 - Relating to the safe drinking water loan program.
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Natural Resources:
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Ch. NR 487 - Relating to the clean fuel fleet program.
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Natural Resources:
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Chs. NR 500, 502, 507, 509, 512, 514, 520, 620 and 680 - Relating to technical corrections, fee clarifications and incorporation of statutory requirements for solid and hazardous waste management rules.
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Pharmacy Examining Board:
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Phar Code - Relating to pharmacists and pharmacies.
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Notices of Hearings or of Proposed Rules.
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Pages 22 to 49.
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Agriculture, Trade & Consumer Protection:
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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.
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Commerce:
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Multifamily Dwellings, Ch. ILHR 66
A hearing to consider revision to chs. Comm/ILHR 51, 57 and 66, relating to fire-stop systems.
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Corrections:
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Hearing to consider revision to chs. DOC 328 and 332, relating to use of a lie detector test program for probationers and parolees who are sex offenders.
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Employe Trust Funds:
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Hearing to consider s. ETF 10.08, relating to defining termination of employment for purposes of eligibility for benefits.
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Financial Institutions:
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Savings & Loan
Proposed revision to s. S-L 13.03, relating to an exception for savings and loan associations to the 10% down payment requirement for a mortgage loan.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1--
Hearing to consider revisions to ch. NR 5, relating to waiver of slow-no-wake restriction on Tombeau Lake.
Hearing to consider revision to chs. NR 10, 11, 15, 19 and 27, relating to wildlife management housekeeping changes.
Hearings to consider revisions to ch. NR 21, relating to commercial fishing in the Wisconsin-Minnesota boundary waters.
Hearings to consider revisions to chs. NR 20, 21, 23, 25 and 26, relating to recreational and commercial fishing.
Hearings to consider revision to s. NR 20.16, relating to sport trolling fishing reports.
Hearing to consider subch. VII of ch. NR 47, relating to private forest landowner grant program.
Hearing to consider subch. VIII of ch. NR 47, relating to the forest fire protection grant program.
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Natural Resources:
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Environmental Protection-General, Chs. NR 100--
Hearings to consider creation of ch. NR 166, relating to the safe drinking water loan program.
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Natural Resources:
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Environmental Protection-Air Pollution Control, Chs. NR 400--
Hearing to consider revision to ch. NR 487, relating to the clean fuel fleet program.
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Natural Resources:
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Environmental Protection-Solid Waste Management,
Chs. NR 500--
Environmental Protection-Hazardous Waste Management, Chs. NR 600--
Hearings to consider revisions to ch. NR 500, 502, 507, 509, 512, 514, 520, 620 and 680, relating to technical corrections, fee clarifications and incorporation of statutory requirements.
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Pharmacy Examining Board:
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Hearing to consider revision to chs. Phar 1 to 13, relating to pharmacists and pharmacies.
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Public Service Commission:
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Hearing to consider revision of ch. PSC 113, relating to service rules for electric utilities.
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Railroads:
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Hearing to consider revision to ch. RR 1, relating to the Office's practices and procedures.
Hearing to consider repeal of ch. RR 3, relating to railroad ratemaking.
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Workforce Development:
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Economic Support, Chs. DWD 11 to 59
Hearing to consider revision of s. DWD 12.25, relating to amendments to the Learnfare Program.
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Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
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Page 50.
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Corrections:
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Health & Family Services:
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Insurance:
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Investment Board:
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Natural Resources:
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Natural Resources:
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Physical Therapists Affiliated Credentialing Board:
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Regulation & Licensing:
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Transportation:
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 51.
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Administration:
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Administration:
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Administration:
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Chiropractic Examining Board:
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( CR 97-65) - SS. Chir 5.01, 5.02 and 5.03
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Employment Relations:
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( CR 97-142) - SS. ER 18.02, 18.03, 18.04 and 18.15
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Insurance:
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Transportation:
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Rules Published in this Wis. Adm. Register.
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Page 52.
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Administration:
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Administration:
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Agriculture, Trade & Consumer Protection:
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Corrections:
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Higher Educational Aids Board:
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Natural Resources:
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( CR 97-120) - S. NR 102.10 (1m) 6., 9., 9m. and 11.
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Final Regulatory Flexibility Analyses.
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Pages 53 to 54.
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1. Administration:
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2. Administration:
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3. Agriculture, Trade & Consumer Protection:
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4. Corrections:
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5. Higher Educational Aids Board:
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6. Natural Resources:
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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 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
EMERGENCY RULES NOW IN EFFECT
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
Hearing Date:
March 11, 1998
[See Notice this Register]
EMERGENCY RULES NOW IN EFFECT (2)
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
EMERGENCY RULES NOW IN EFFECT (2)
Department of Corrections
1. 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
Extension Through:
March 2, 1998
2. Rules adopted revising chs. DOC 328 and 332, relating to polygraph examinations for sex offenders.
Finding of Emergency
The Department of Corrections finds that an emergency exists and that rules included in this order are necessary for the immediate preservation of public safety. A statement of the facts constituting the emergency is: A recent session law, 1995 Wis. Act 440, created s. 301.132, Stats., which directs the department to establish a sex offender honesty testing program. Section 301.132, Stats., became effective June 1, 1997. Lie detector testing of probationers and parolees is recognized as an effective supervision tool for determining the nature and extent of deviant sexual behavior and developing appropriate intervention strategies. In addition, it is anticipated that testing will improve treatment outcomes by overcoming offender denial and by detecting behaviors that lead to re-offending.
The testing program cannot be implemented without rules. The permanent rule process has been started. However, the permanent rule process will take approximately nine months to complete. Emergency rules are necessary to implement the program for the safety of the public while permanent rules are being developed.
This order:
1. Creates definitions for offender, probation and parole agent, and lie detector examination process.
