(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.
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Pages 5 to 16.
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Administration:
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Rules relating to kennel owner licenses.
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Agriculture, Trade and Consumer Protection:
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Rules relating to the sales and use of pesticides containing clomazone.
Rules relating to fish farms and imports of live fish and fish eggs.
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Commerce:
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Petroleum Environmental Cleanup Fund, Ch. ILHR 47
Rules adopted revising ch. ILHR 47, relating to the Petroleum Environmental Cleanup Fund. [FIRST APPEARANCE]
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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 the Brownfields Grant Program.
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Corrections:
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Rules relating to polygraph examinations for sex offenders.
Rule relating to custody and detention of felony probationers and parolees.
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Dentistry:
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Rule relating to examination requirements for licensed out-of-state dentists.
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Gaming Board:
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See Administration.
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Health & Family Services:
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Health, Chs. HSS/HFS 110--
Rules relating to restaurants.
Rules relating to subsidized health insurance for persons with HIV.
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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 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-
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.
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Natural Resources:
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Environmental Protection-General Chs. NR 100-
Rules relating to the Safe Drinking Water Loan Program.
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Natural Resources:
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Environmental Protection-Water Regulation,
Chs. NR 300-
Rules relating to fees for waterway and wetland permit decisions.
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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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Public Service Commission:
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Rules relating to the provision of universal telecommunications service and administration of the universal service fund and establishing the Education Telecommunication Access Program.
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Technical College System:
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Rules relating to Faculty Development Grants.
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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 relating to prevailing wage rates for state and local public works projects.
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Scope Statements.
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Pages 17 to 19.
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Chiropractic Examining Board:
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Chir Code - Relating to provision of dietary and nutritional counsel and advice and the use of vitamins and other food and nutritional supplements in the practice of chiropractic.
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Health & Family Services:
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SS. HSS 98.28 to 98.32 - Relating to lie detector testing of sex offenders in community placements.
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Natural Resources:
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S. NR 20.08 - Relating to extending the fishing tournament rules for 3 years beyond the current sunset of December 31, 1998.
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Natural Resources:
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Ch. NR 20 - Relating to establishing a harvest limit for the sturgeon spearing season.
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Natural Resources:
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Chs. NR 102, 104 and 210 - Relating to:
Ch. NR 102: Temperature standards and limits based on water quality standards for Wisconsin surface waters; and
Chs. NR 104 and 210: Updating the list of streams in ch. NR 104 classified as limited aquatic life (marginal) and limited forage fish (intermediate) and the associated requirements.
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Public Service Commission:
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Ch. PSC 3 - Relating to the Intervenor Compensation Program.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 20 to 23.
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Commerce:
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Ch. ILHR 47 - Relating to the Petroleum Environmental Cleanup Fund.
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Commerce:
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Ch. Comm 106 - Relating to the Wisconsin Development Fund.
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Commerce:
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Ch. Comm 114 - Relating to the Minority Business Finance Program.
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Commerce:
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Ch. Comm 116 - Relating to the Rural Economic Development Program.
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Commerce:
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Ch. Comm 119 - Relating to mining economic development grants and loans.
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Health & Family Services:
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Ch. HFS 167 - Relating to the statewide poison control system.
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Natural Resources:
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Ch. NR 300 - Relating to fees for waterway and wetland permit decisions.
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Revenue:
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S. Tax 11.56 - Relating to sales and use tax treatment within the printing industry.
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Notices of Hearings or of Proposed Rules.
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Pages 24 to 30.
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Administration:
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Proposed creation of ch. Adm 22, relating to digital signatures.
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Commerce:
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Petroleum Environmental Cleanup Fund, Ch. ILHR 47
Hearing to consider proposed rules and current emergency rules affecting ch. ILHR 47, relating to the Petroleum Environmental Cleanup Fund.
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Commerce:
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Financial Resources for Businesses and Communities, Chs. Comm 105 to 128
Hearings to consider revision of ch. Comm 106, relating to the Wisconsin Development Fund.
Hearings to consider revision of ch. Comm 114, relating to the Minority Business Finance Program.
Hearings to consider revising ch. Comm 116, relating to the Rural Economic Development Program.
Hearings to consider creation of ch. Comm 119, relating to the mining economic development grants and loans program.
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Insurance, Commissioner of:
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Hearing to consider amendment to s. Ins 2.30, relating to adopting additional annuity mortality tables.
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Natural Resources:
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Environmental Protection--Water Regulation, Chs. NR 300--
Hearings to consider revision of ch. NR 300, relating to fees for waterway and wetland permit decisions.
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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 31.
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Commerce:
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Commerce:
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( CR 98-17) - Chs. Comm 51 and ILHR 57 and 66
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Health & Family Services:
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Health & Family Services:
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( CR 98-46) - SS. HFS 149.02 (6) and 149.03 (7)
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Transportation:
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Veterans Affairs:
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( CR 98-37) - Chs. VA 1 to 4 and 11 and s. VA 13.05
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 32.
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Administration:
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( CR 98-5) - SS. WGC 13.05 (3) (a) and 13.15 (4) (c)
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Investment Board:
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Transportation:
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Notice of Nonacquiescence.
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Page 33.
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Revenue:
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Tax Appeals Commission
Vacation Owner's Association, Inc. v.
Wisconsin Department of Revenue
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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 (2)
Agriculture, Trade & Consumer Protection
1. Rules adopted creating Ch. ATCP 36, relating to the sale and use of pesticides 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
Hearing Date:
April 28, 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 fish 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:
