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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 14.
Administration:
Rules relating to kennel owner licenses.
Agriculture, Trade and Consumer Protection:
Rules were adopted creating ch. ATCP 36, relating to the sales and use of pesticides containing clomazone. [FIRST APPEARANCE]
Rules were adopted creating ss. ATCP 10.68 and 11.58, relating to fish farms and imports of live fish and fish eggs. [FIRST APPEARANCE]
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.
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 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 relating to the provision of universal telecommunications service and administration of the universal service fund and establishing the Education Telecommunication Access Program.
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 15 to 18.
Agriculture, Trade & Consumer Protection:
Chs. ATCP 10-14 - Relating to animal health.
Agriculture, Trade & Consumer Protection:
Chs. ATCP 102 and 105 - Relating to sales of motor vehicle fuel below cost.
Corrections:
DOC Code - Relating to rule promulgation and amendment to expand the categories of felony offenders that may be held in custody at Department of Corrections institutions.
Hearing & Speech Examining Board:
HAS Code - Relating to continuing education requirements, initial and renewal of credentials, temporary practices; requirements relating to the fitting of hearing instruments by audiologists; creation of practical examinations to test for proficiency in the fitting of hearing instruments, restrictions relating to the use of titles, initials and designations; unlicensed practice and other minor and technical changes.
Natural Resources:
Ch. NR 410 - Relating to revised air permit fees.
Pharmacy Examining Board:
Phar Code - Relating to automated dispensing systems within pharmacies and inpatient health care facilities.
Public Instruction:
SS. PI 11.07, 11.14 and 11.35 - Relating to procedures, design and delivery of special education and eligibility criteria, including need for special education.
Revenue:
S. Tax 11.56 - Relating to Wisconsin sales and use tax treatment of sales and purchases made by printers.
Transportation:
Ch. Trans 301 - Relating to human services vehicles (HSV's).
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.

Pages 19 to 20.
Health and Family Services:
SS. HFS 149.02 (6) and 149.03 (7) - Relating to dates for expiration of vendor authorization and for vendor reauthorization under the supplemental food program for women, infants and children (WIC).
Health and Family Services:
S. HFS 196.03 (22) (e) to (g) - Relating to exemption of concession stands at locally-sponsored sporting events from being regulated as restaurants.
Insurance:
SS. Ins 17.01, 17.28 and 17.35 - Relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 1998, fund fee refunds and standards for the application of the aggregate underlying liability limits upon the termination of a claims-made policy.
Public Instruction:
S. PI 2.05 (2) (a)- Relating to the school district boundary appeals board (SDBAB).
Public Instruction:
SS. PI 3.03 and 3.05 - Relating to an urban teacher license and to environmental education.
Transportation:
Ch. Trans 276 - Relating to allowing the operation of “double bottoms” (and certain other vehicles) on specified highways.
Notices of Hearings or of Proposed Rules.
Pages 21 to 29.
Health & Family Services:
Health, Chs. HFS/HSS 110--
Hearings to consider amendment of ch. HSS 138, relating to subsidized health insurance premiums for certain persons with human immunodeficiency virus (HIV) infection, and the emergency rules now in effect on the same subject.
Hearing to consider amendment of ch. HFS 149, relating to the standard dates for vendor authorization and reauthorization under the Special Supplemental Nutrition Program for Women, Infants and Children (WIC).
Hearings to consider revision to chs. HFS 172, 175, 178 and 195 to 198, related to fee increases.
Insurance:
Hearing to consider revision to ss. Ins 17.01, 17.28 and 17.35, relating to annual patients compensation fund and mediation fund.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearing to consider revision of ch. NR 8 and s. NR 45.12, relating to automated license issuance system.
Hearings to consider revision to ch. NR 25, relating to commercial fishing with trawls on Green Bay and Lake Michigan.
Natural Resources:
Environmental Protection--General, Chs. NR 100--
Hearing to consider revision to ch. NR 113, relating to septage management.
Natural Resources:
Environmental Protection--Remediation, Chs. NR 700--
Hearings to consider ch. NR 749, relating to establishing a flat fee for persons requesting Department assistance under ch. 292, Stats.
Public Instruction:
Hearing to consider revision to ch. PI 2, relating to the school district boundary appeals board (SDBAB).
Hearing to consider revision to ch. PI 3, relating to environmental education requirements and an urban education license.
Transportation:
Hearing to consider amendment to s. Trans 276.07, relating to operation of over-sized trucks on certain highways.
Veterans Affairs:
Hearing to consider rules relating to several state veterans benefit programs.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.


Page 30.
Administration:
(CR 98-5) - SS. WGC 13.05 (3) (a) and 13.15 (4) (c)
Arts Board:
(CR 98-13) - Chs. AB 1 to 4
Commerce:
(CR 98-6) - Chs. Comm 122 and 128
Employe Trust Funds:
(CR 97-143) - S. ETF 41.02
Natural Resources:
(CR 97-140) - SS. NR 10.001 and 10.102
Natural Resources:
(CR 97-141) - Ch. NR 149
Natural Resources:
(CR 97-151) - SS. NR 10.01, 10.104, 10.27 and 10.28
Administrative Rules Filed with the Revisor of Statutes Bureau.

Page 31.
Commerce:
(CR 97-93) - Chs. Comm 18 and ILHR 51
and ss. Comm 82.33 and 82.36
and ILHR 50.12 and 55.20
Financial Institutions--Securities:
(CR 97-148) - SS. DFI-Sec 7.01 (6), 27.01 (5)
and 35.01 (4)
Transportation:
(CR 97-107) - S. Trans 201.15
Transportation:
(CR 97-116) - S. Trans 261.155
Transportation:
(CR 97-144) - Ch. Trans 302
Veterans Affairs:
(CR 97-147) - Ch. VA 12
Rules Published in this Wis. Adm. Register.
Page 32.
Administration:
(CR 96-166) - Ch. Adm 68
Administration:
(CR 97-82) - Ch. Adm 1
Administration:
(CR 97-102) - Ch. Adm 2
Agriculture, Trade & Consumer Protection:
(CR 97-43) - SS. ATCP 31.03 and 31.08
(corrected effective date)
Chiropractic Examining Board:
(CR 97-65) - SS. Chir 5.01, 5.02 and 5.03
Commerce:
(CR 97-115) - Chs. Comm 5 and 17 and
ss. ILHR 20.09, 20.10 and 41.16
Employment Relations:
(CR 97-142) - SS. ER 18.02, 18.03, 18.04 and 18.15
Insurance:
(CR 96-192) - S. Ins 2.80
Insurance:
(CR 97-99) - SS. Ins 2.14 and 2.16
Natural Resources:
(CR 97-20) - S. NR 10.02 (9)
Natural Resources:
(CR 97-121) - S. NR 24.09 (1) (a), (2)
Natural Resources:
(CR 97-122) - S. NR 25.03 (2) (b)
Transportation:
(CR 97-139) - S. Trans 276.07 (15) and (31)
Final Regulatory Flexibility Analyses.
Pages 33 to 34.
1. Administration:
(CR 96-166) - Ch. Adm 68
2. Administration:
(CR 97-82) - Ch. Adm 1
3. Administration:
(CR 97-102) - Ch. Adm 2
4. Agriculture, Trade & Consumer Protection:
(CR 97-43) - SS. ATCP 31.03 and 31.08
5. Chiropractic Examining Board:
(CR 97-65) - SS. Chir 5.01, 5.02 and 5.03
6. Commerce:
(CR 97-115) - Chs. Comm 5 and 17 and
ss. ILHR 20.09, 20.10 and 41.16
7. Employment Relations:
(CR 97-142) - SS. ER 18.02, 18.03, 18.04 and 18.15
8. Insurance:
(CR 97-99) - SS. Ins 2.14 and 2.16
9. Insurance:
(CR 96-192) - S. Ins 2.80
10. Natural Resources:
(CR 97-20) - S. NR 10.02 (9)
11. Natural Resources:
(CR 97-121) - S. NR 24.09 (1) (a), (2)
12. Natural Resources:
(CR 97-122) - S. NR 25.03 (2) (b)
13. Transportation:
(CR 97-139) - S. Trans 276.07 (15) and (31)
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 (2)
Agriculture, Trade & Consumer Protection
1.   Rules adopted creating Ch. ATCP 36, relating to the sale and use of pesticdes containing the active ingredient clomazone.
Finding of Emergency
(1) Pesticides containing the active ingredient clomazone are used at spring planting on soybeans, tobacco, peppers, pumpkins, peas, cabbage and cucumbers. Clomazone is an effective herbicide which inhibits the formation of chlorophyll in target weeds.
(2) Clomazone is volatile. Off-target movement from clomazone applications can affect non-target plants located hundreds of feet from the application site. Off-target movement from clomazone applications can damage non-target plants by inhibiting the formation of chlorophyll in those plants.
(3) Off-target movement has occurred in many clomazone applications to date. Non-target plants exposed to off-target movement from clomazone applications turn yellow or white. Damage from 1997 clomazone applications was apparently more severe and long lasting than in prior years. In 1997, the department received 49 complaints of off-target movement to non-target plants. These complaints comprised 20% of all pesticide complaints received by the department in 1997. Department field staff report that these complaints represented only a fraction of the total number of clomazone off-target movement incidents that occurred. Off-target movement incidents have caused widespread public anger and concern, and have impaired public confidence in pesticide applications.
(4) The department proposes to adopt rules restricting the use of clomazone herbicides. The proposed restrictions are reasonably designed to reduce or eliminate damage to non-target plants from clomazone applications. Without these restrictions, continued clomazone applications will likely result in continued incidents of off-target movement and nontarget damage during the 1998 planting and growing season.
(5) Clomazone herbicides are commonly applied during spring planting. The department must adopt restrictions by emergency rule in order for those restrictions to take effect prior to the 1998 spring planting and application period. The department finds that an emergency rule under s. 227.24, Stats., is imperatively required to preserve the public peace and welfare in 1998, pending completion of normal rulemaking procedures under ch. 227, Stats.
Publication Date:   March 15, 1998
Effective Date:   March 15, 1998
Expiration Date:   August 12, 1998
2.   Rules adopted creating ss. ATCP 10.68 and 11.58, relating to fish farms and imports of live fish and fish eggs.
Exemption From Finding of Emergency
(1) The department of agriculture trade and consumer protection is adopting this emergency rule to implement s. 95.60, Stats., which was created by 1997 Wis. Act 27.
(2) Section 9104(3xr) of 1997 Wis Act 27 authorizes the department to adopt this emergency rule without the normal finding of emergency. It further provides that the emergency rule will remain in effect until January 1, 1999 or until a permanent rule takes effect, whichever comes first.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory authority: ss. 93.07(1), 95.60(4s)(e) and (5)
Statutes interpreted: s. 95.60
This emergency rule implements s. 95.60, Stats., by doing all of the following:
Establishing an interim procedure for registering fish farms in 1998. The department plans to adopt permanent rules, which may differ from this emergency rule, relating to registration of fish farms after 1998.
Establishing interim permit requirements for importing live fish or fish eggs into Wisconsin.
Requiring fish farm operators and fish importers to keep records.
Fish Farms
Registration
Under s. 95.60, Stats., as enacted by 1997 Wis. Act 27 effective October 14, 1997, the Department of Agriculture, Trade and Consumer Protection (DATCP) is responsible for registering fish farms in Wisconsin. The new annual registration program replaces an annual licensing program previously administered by the Department of Natural Resources (DNR).
DNR licensed more than 2000 fish farms for calendar year 1997. Fish farms previously licensed by DNR must now be registered with DATCP. DATCP's 1998 registration requirement takes effect immediately after DNR's 1997 license requirement expires.
Registration Procedures; General
This emergency rule establishes interim fish farm registration procedures. Under this emergency rule:
  No person may operate a fish farm without a DATCP registration certificate. A registration certificate expires on December 31, 1998.
  A registration certificate is effective on the day it is issued except that, if a firsh farm operator licensed by DNR in 1997 files a renewal application with DATCP by April 10, 1998, the DATCP registration certificate is retroactive to January 1, 1998.
  Fish farm registrations are not transferable between persons or locations. A person who operates 2 or more fish farms at non-contiguous locations must obtain a separate registration certificate for each location.
Registration Categories
A fish farm operator must hold a type A, B, C or D registration certificate for that fish farm:
  A type A registration is normally required for a fish farm at which the operator does any of the following:
  *Hatches fish or produces fish eggs at that fish farm for sale or trade to any person.
  *Allows public fishing, for a fee, for fish hatched at that fish farm.
  A type B registration is normally required if the fish farm operator does any of the following and does not hold a type A registration:
  *Allows public fishing at the fish farm for a fee.
  *Sells or trades fish, from the fish farm, to any person.
⋅⋅A type C registration authorizes the registrant to operate a fish farm. It does not authorize activities for which a type A or B registration is required, except that a type C registrant may do either of the following without a type A or B registration:
  *Sell minnows to any person
  *Sell fish or fish eggs to a type A registrant.
  A type D registration authorizes the registrant to sell or trade fish from a fish farm without a type A or B registration if all of the following apply:
  *The operator does not hatch fish, produce fish eggs or permit public fishing for a fee at that fish farm.
  *The fish farm consists solely of ponds used to hold or grow fish.
  *The operator holds a type A or B registration certificate for another fish farm located on a nonadjacent parcel of land.
Registration Fees
This emergency rule establishes the following registration fees:
  Type A registration   $50.00
  Type B registration   $25.00
  Type C registration   $ 5.00
  Type D registration   $ 5.00
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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.