Wisconsin
Administrative
Register
No. 507
Publication Date: March 14, 1998
Effective Date: March 15, 1998
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 12.
Administration:
Rules relating to kennel owner licenses.
Commerce:
Building and Heating, etc., Chs. 50-64
Multifamily Dwellings, ch. 66

Rules relating to the commercial building and multi-family codes.
Commerce:
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.
Corrections:
Rule adopted relating to the inmate complaint review system.
Rules relating to polygraph examinations for sex offenders.
Dentistry:
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.
Insurance:
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.
Rules relating to the forest fire protection grant program.
Rules relating to the private forest landowner grant program.
Natural Resources:
Environmental Protection--Air Pollution Control,
Chs. NR 400--

Rule relating to emission limitations for motor vehicles.
Public Instruction:
Rules relating to full-time open enrollment.
Rules relating to the youth options program.
Public Service Commission:
Rules adopted amending ss. PSC 160.05, 160.11 (6) and 106.17, relating to the provision of universal telecommunications service and administration of the universal service fund and creating ch. PSC 161, establishing the Education Telecommunication Access Program. [FIRST APPEARANCE]
Transportation:
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.
Workforce Development:
Wage Rates, Chs. DWD 290-294
Rules relating to prevailing wage rates for state and local public works projects.
Scope Statements.
Pages 13 to 15.
Commerce:
Chs. ILHR 20-25, Comm 5 - Relating to the Uniform Dwelling Code.
Natural Resources:
SS. NR 149.22 and 219.05 - Relating to incorporating whole effluent toxicity test methods.
Natural Resources:
Ch. NR 46 - Relating to annual adjustment of the timber stumpage values in s. NR 46.30, amending s. 46.02 to reflect current sawlog specifications and s. NR 46.15 (9) to better define homes on MFL (Managed Forest Law), and creating s. NR 46.16 (8) to address buildings in the petition process.
Commissioner of Railroads:
Ch. RR 2 -Relating to 2-person train crews, rail/highway crossings, assessment of costs to railroads, reporting requirements, signal maintenance and track clearances.
Transportation:
Ch. Trans 305 - Relating to the requirement to replace air bags which have been deployed.
Transportation:
Chs. Trans 325, 326 and 328 - Relating to motor carrier safety.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 16 to 17.
Administration:
Ch. Adm 22 - Relating to describing the Department's use of and verification procedure for digital signatures.
Architects, Designers, etc.:
A-E Code - Relating to the registration and regulation of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors.
Health and Family Services:
Ch. HSS 138 - Relating to subsidized health insurance premiums for persons with HIV infection.
Health and Family Services:
Chs. HFS 172, 175, 178 and 195-198 - Relating to permit and related fee increases for public swimming pools, camps campgrounds, hotels and motels, tourist rooming houses, restaurants, bed and breakfast establishments and food vending operations and commissaries.
Transportation:
Ch. Trans 29 - Relating to accommodating utility facilities on state-owned railroad corridors.
Workforce Development:
Chs. DWD 120, 128, 129 and 150 - Relating to to UI (Unemployment Insurance) notices and forms; ability to work and availability for work; grace periods; and exceptional circumstances for failing to apply for UI.
Notices of Hearings or of Proposed Rules.
Pages 18 to 26.
Agriculture, Trade & Consumer Protection:
Hearing to consider amendments to ch. ATCP 141, relating to the cherry marketing order.
Architects, Engineers, etc.:
Hearing to consider revision to chs. A-E 1 to 10, relating to registration and regulation of architects, engineers, landscape architects, professional geologists and engineers, designers and land surveyors.
Transportation:
Hearing to consider the amendment of ch. Trans 29, relating to accommodating utility facilities on state-owned railroad corridors.
Workforce Development:
Unemployment Compensation, Chs. DWD 100-150
Hearings to consider revision to chs. DWD 120, 128, 129 to 150, relating to UI notices and forms, ability to and availability for work and failure to apply for UI.
Workforce Development:
Prevailing Rates, Chs. DWD 290-294
Hearing to consider revision to ch. DWD 290, relating to minimum estimated project costs relating to prevailing wage rates.
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 27.
Agriculture, Trade & Consumer Protection;
(CR 97-43) - SS. ATCP 31.03 (1) (d) and 31.08 (4)
Elections Board:
(CR 96-106) - S. ElBd 1.855
Elections Board:
(CR 96-107) - S. ElBd 1.30 (3)
Elections Board:
(CR 96-108) - S. ElBd 1.655 (1) (bm), (5)
Elections Board:
(CR 96-109) - S. ElBd 1.85 (1) and (4)
Natural Resources:
(CR 96-169) - S. NR 27.07
Natural Resources:
(CR 97-121) - S. NR 24.09 (1) (a), (2)
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
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.
Loading...
Loading...
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.