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TOC_J31

T a b l e o f C o n t e n t s

Emergency Rules Now In Effect.	Pages 7 to 18.
Agriculture, Trade and Consumer Protection:	Rules relating to the sales and use of pesticides containing clomazone. Rules relating to fish farms and imports of live fish and fish eggs. Rules relating to retail food establishment license exemption for restaurant permit holders.
Commerce:	Petroleum Environmental Cleanup Fund, Ch. ILHR 47 Rules relating to the Petroleum Environmental Cleanup Fund.
Commerce:	Building and Heating, etc., Chs. 50-64 Multifamily Dwellings, Ch. 66 Rules relating to the commercial building and multi-family codes. Building and Heating, etc., Chs. 50-64 Rule relating to exemption from accessibility laws for specific multifamily dwellings with separate exterior entrances.
Commerce:	Rental Unit Energy Efficiency, Ch. Comm 67 Rules relating to rental unit energy efficiency.
Commerce:	Barrier Free Design, Ch. Comm 69 Rule relating to vertical access to press box facilities.
Corrections:	Rule relating to custody and detention of felony probationers and parolees.
Financial Institutions:	Securities Rule adopted revising chs. DFI-Sec 1 to 9, relating to federal covered securities and advisors. [FIRST APPEARANCE]
Health & Family Services:	Health, Chs. HSS/HFS 110-- Rules relating to restaurants. Rules relating to subsidized health insurance for persons with HIV. Rules relating to permit and related fees for regulated entities. Rules adopted revising ch. HFS 119, relating to the Health Insurance Risk-Sharing Plan (HIRSP). [FIRST APPEARANCE]
Insurance:	Rules relating to the Wisconsin Insurance Program (WIP). Rules relating to annual patients compensation fund and mediation fund fees.
Natural Resources:	Fish, Game, etc., Chs. NR 1- Rules relating to reservations for state parks, forests and other lands. Rules relating to the private forest landowner grant program. Rule relating to bag limits for walleye. Rules relating to deer hunting in Unit 67A. Rules relating to sport fishing for yellow perch in Sauk creek. Rules relating to wildlife damage abatement and claims program.
Natural Resources:	Environmental Protection-Water Regulation, Chs. NR 300- Rules relating to fees for waterway and wetland permit decisions.
Natural Resources:	Environmental Protection--Air Pollution Control, Chs. NR 400-- Rule relating to emission limitations for motor vehicles.
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.
Technical College System:	Rules relating to Faculty Development Grants.
Workforce Development:	Economic Support, Chs. DWD 11 to 59 Rules relating to Learnfare.
Workforce Development:	Prevailing Wage Rates, Chs. DWD 290-294 Rules relating to prevailing wage rates for state and local public works projects.
Scope Statements.	Pages 19 to 25.
Administration:	Adm Code - Relating to amending rules relating to Small Cities Community Development Block Grants for Housing.
Agriculture, Trade & Consumer Protection:	Chs. ATCP 10--12 - Relating to animal health fees.
Agriculture, Trade & Consumer Protection:	Chs. ATCP 29, 35 and 40 - Relating to the agricultural chemical cleanup reimbursement program, fee revenues and funding.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 139 - Relating to consumer product safety.
Barbering & Cosmetology Examining Board:	BC Code - Relating to the apprenticeship application process.
Barbering & Cosmetology Examining Board:	BC Code - Relating to examination passing scores.
Commerce:	Chs. Comm 16, 17 and 73 - Relating to the electrical and illumination codes.
Corrections:	Ch. DOC 349 - Relating to holding juveniles in municipal lockup facilities.
Employment Relations:	ER Code - Relating to reinstatement eligibility, restoration of sick leave, other related time periods for state personnel transactions, and minor and technical rule changes.
Employment Relations--Merit Recruitment and Selection:	ER-MRS Code - Relating to reinstatement eligibility, other related time periods for state personnel transactions, employment register eligibility and minor and technical rule changes.
Hearings and Appeals:	HA Code - Relating to the procedures governing due process hearings conducted by the Division of Hearings and Appeals for applicants and recipients affected by adverse actions in the Medicaid, food stamps, Wisconsin Works (W-2), public assistance and social services programs which are administered by the Departments of Administration, Workforce Development and Health and Family Services.
Insurance:	S. Ins 16.01 - Relating to annual billings for the examination of domestic insurers.
Medical Examining Board:	Med Code - Relating to computer-based administration of USMLE [United States Medical Licensing Examination].
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Ch. NR 20 - Relating to sport fishing for yellow perch in tributaries to Lake Michigan.
Natural Resources:	Air Pollution Control, Chs. NR 400-- Chs. NR 400-499 - Relating to updating and cleanup revisions, including the addition of 20 compounds to those excluded from the definition of “volatile organic compound” (VOC) in accord with federal changes.
Natural Resources:	Investigation & Remediation of Environmental Contamination, Chs. NR 700-- Chs. NR 716, 722, 724 and 726 - Relating to natural attenuation feasibility monitoring and streamlining of reporting requirements.
Physical Therapists Affiliated Credentialing Board:	PT Code - Relating to the requirement of submitting photographs with applications for a locum tenens license.
Public Service Commission:	Ch. PSC 117 - Relating to the creation of rules establishing requirements and procedures for the Commission, in setting rates for retail electric service, to reflect the assignment of costs and the treatment of revenues from sales to customers outside this state that the public utility does not have a duty to serve.
Regulation & Licensing:	RL Code - Relating to the practice of real estate appraisers, including: revisions to credential application, education, experience and continuing education requirements; temporary practice and reciprocity requirements; scope of appraisal practice; the rules of professional conduct; the Uniform Standards of Professional Appraisal Practice (“USPAP”); and minor and technical corrections.
Transportation:	Ch. Trans 201 - Relating to changing the method by which distance from an intersection is measured for purposes of outdoor advertising structure placement.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 26 to 27.
Agriculture, Trade & Consumer Protection:	Chs. ATCP 102 and 105 - Relating to the sales below cost.
Commerce:	Ch. ILHR 32 - Relating to public employe safety and health.
Commerce:	Ch. Comm 67 - Relating to rental unit energy efficiency standards.
Employe Trust Funds:	S. ETF 50.48 - Relating to the Long-Term Disability Insurance (LTDI) program and the requirement for the employer's certification.
Insurance:	SS. Ins 3.27, 3.39 and 3.46 - Relating to revising the requirements for Medicare Supplement policies to comply with recent federal and state laws.
Natural Resources:	Ch. NR 10 - Relating to revisions to deer management units 73C (Iowa and Grant counties) and 75 (Iowa and Lafayette counties).
Natural Resources:	S. NR 20.08 (10)- Relating to the tournament fishing sunset extension.
Natural Resources:	Ch. NR 25 - Relating to commercial fishing for chubs in Lake Michigan.
Natural Resources:	Ch. NR 46 - Relating to the definition of human residence as it pertains to forest tax landowners.
Natural Resources:	S. NR 50.23 - Relating to wildlife abatement and control grants for urban communities.
Notices of Hearings or of Proposed Rules.	Pages 28 to 43.
Accounting Examining Board:	Hearing to consider revision of chs. Accy 3 and 7, relating to educational requirements for certified public accountant candidates after December 31, 2000.
Agriculture, Trade & Consumer Protection:	Hearings to consider revision to ch. ATCP 48, relating to drainage district program. Hearings to consider revision to chs. ATCP 102 and 105, relating to sales below cost and s. 100.30, Stats., “The Unfair Sales Act”.
Commerce:	Public Employe Safety and Health, Ch. Comm 32 Hearings to consider revision to ch. ILHR 32, relating to public employe safety and health.
Commerce:	Rental Unit Energy Efficiency, Ch. Comm 67 Hearing to consider proposed rules and current emergency rules affecting ch. Comm 67, relating to rental unit energy efficiency standards.
Insurance:	Hearing to consider revision to ss. Ins 3.27, 3.39 and 3.46, relating to Medicare Supplement policies.
Natural Resources:	Fish, Game, etc.,Chs. NR 10- Hearing to consider revision of ss. NR 10.104 (4) (b) and 10.28, relating to deer management units 73C and 75. Hearings to consider amendment to s. NR 20.08 (10), relating to extending the sunset on tournament permitting rules. Hearings to consider revision of ss. NR 25.02 (26) and 25.05 (1) (d), relating to commercial fishing for chubs in Lake Michigan. Hearings to consider ss. NR 46.15 (9) and 46.16 (8), relating to the definition of “human residence” as it pertains to forest tax landowners. Hearing to consider s. NR 50.23, relating to wildlife management and control grants for urban communities.
Pharmacy Examining Board:	Hearing to consider revision to chs. Phar 7 and 8, relating to electronic prescription orders.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 44.
Commerce:	(CR 98-52) - Ch. Comm 87
Commerce:	(CR 98-61) - Ch. Comm 119
Commerce:	(CR 98-62) - Ch. Comm 106
Commerce:	(CR 98-63) - Ch. Comm 116
Commerce:	(CR 98-64) - Ch. Comm 114
Funeral Directors Examining Board:	(CR 98-57) - Chs. FD 1 to 5
Insurance:	(CR 98-58) - S. Ins 2.30
Natural Resources:	(CR 95-223) - SS. NR 518.02, 718.03, 718.09, 718.11 and 718.13
Natural Resources:	(CR 97-131) - S. NR 485.04
Natural Resources:	(CR 97-146) - S. NR 5.21 (3)
Natural Resources:	(CR 98-20) - SS. NR 21.02, 21.04, 21.10, 21.11 and 21.12
Natural Resources:	(CR 98-44) - S. NR 45.12 and ch. NR 8
Natural Resources:	(CR 98-56) - SS. NR 46.02, 46.15, 46.16 and 46.30
Natural Resources:	(CR 98-66) - Ch. NR 300
Public Service Commission:	(CR 98-49) - SS. PSC 160.05, 160.11 & 160.17 and ch. PSC 161
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 45.
Arts Board:	(CR 98-13) - Chs. AB 1 to 4
Commerce:	(CR 98-17) - Chs. Comm 51 and ILHR 66 and ss. ILHR 53.63 and 57.01
Health & Family Services:	(CR 98-36) - SS. HSS 138.01, 138.03, 138.04 and 138.05
Insurance:	(CR 98-15) - S. Ins 3.70
Insurance:	(CR 98-48) - SS. Ins 17.01, 17.28 and 17.35
Rules Published in this Wis. Adm. Register.	Page 46.
Commerce:	(CR 98-7) - Ch. Comm 110
Employe Trust Funds:	(CR 97-143) - S. ETF 41.02
Financial Institutions:	(CR 98-4) - SS. S-L 13.03 and DFI-SL 13.03 (3) (d) 6.
Health & Family Services:	(CR 97-98) - Ch. HFS 139
Health & Family Services:	(CR 97-132) - Ch. HFS 140
Health & Family Services:	(CR 97-135) - Ch. HFS 173
Health & Family Services:	(CR 98-46) - SS. HFS 149.02 (6) and 149.03 (7) (a)
Hearing & Speech Examining Board:	(CR 98-12) - Chs. HAS 1 to 7
Natural Resources:	(CR 97-140) - SS. NR 10.001 and 10.102
Natural Resources:	(CR 97-151) - SS. NR 10.01, 10.104, 10.27 and 10.28
Natural Resources:	(CR 98-25) - Ch. NR 166
Public Instruction:	(CR 98-10) - Ch. PI 36
Public Instruction:	(CR 98-11) - Ch. PI 40
Regulation & Licensing:	(CR 98-8) - Chs. RL 11 to 13, 16 to 18 and 22 to 26
Transportation:	(CR 98-40) - S. Trans 276.07 (31)
Veterans Affairs:	(CR 98-37) - Chs. VA 1 to 4, 11 and 13
Sections Affected by Rule Revisions or Corrections.	Pages 47 to 48.
REVISIONS
Commerce:	Financial Resources for Businesses & Communities, Chs. Comm 105-128 Ch. Comm 110
Employe Trust Funds:	Ch. ETF 41
Financial Institutions:	Savings Institutions (Savings and Loan) Ch. DFI-SL 13
Health & Family Services:	Health, Chs. HFS/HSS 110-- Chs. HFS 139, 140, 149 and 173
Hearing & Speech Examining Board:	Chs. HAS 1 to 7
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Ch. NR 10
Natural Resources:	Environmental Protection--General, Chs. NR 100-- Ch. NR 166
Public Instruction:	Chs. PI 36 and 40
Regulation & Licensing:	Chs. RL 11 to 13, 16 to 18 and 22 to 26
Transportation:	Ch. Trans 276
Veterans Affairs:	Chs. VA 1 to 4, 11 and 13
EDITORIAL CORRECTIONS
Commerce:	Liquefied Natural Gas, Ch. Comm 12 Ch. Comm 12
Commerce:	Solar Energy Systems, Ch. Comm 71 Ch. Comm 71
Commerce:	Illumination, Ch. Comm 73 Ch. Comm 73
Financial Institutions:	Savings Institutions (Savings and Loan) Chs. DFI-SL 1 to 20
Health & Family Services:	Health, Chs. HFS/HSS 110-- Ch. HFS 174
Veterans Affairs:	Chs. VA 1 and 4
Final Regulatory Flexibility Analyses.	Pages 49 to 51.
1. Commerce:	(CR 98-7) - Ch. Comm 110
2. Employe Trust Funds:	(CR 97-143) - S. ETF 41.02
3. Financial Institutions--Savings & Loan:	(CR 98-4) - SS. S-L 13.03 and DFI-SL 13.03 (3) (d) 6.
4. Health & Family Services:	(CR 97-98) - Ch. HFS 139
5. Health & Family Services:	(CR 97-132) - Ch. HFS 140
6. Health & Family Services:	(CR 97-135) - Ch. HFS 173
7. Health & Family Services:	(CR 98-46) - SS. HFS 149.02 (6) and 149.03 (7) (a)
8. Hearing & Speech Examining Board:	(CR 98-12) - Chs. HAS 1 to 7
9. Natural Resources:	(CR 97-140) - SS. NR 10.001 and 10.102
10. Natural Resources:	(CR 97-151) - SS. NR 10.01, 10.104, 10.27 and 10.28
11. Natural Resources:	(CR 98-25) - Ch. NR 166
12. Public Instruction:	(CR 98-10) - Ch. PI 36
13. Public Instruction:	(CR 98-11) - Ch. PI 40
14. Regulation & Licensing:	(CR 98-8) - Chs. RL 11 to 13, 16 to 18 and 22 to 26
15. Transportation:	(CR 98-40) - S. Trans 276.07 (31)
16. Veterans Affairs:	(CR 98-37) - Chs. VA 1 to 4, 11 and 13
Executive Orders.	Page 52.
Executive Order #338.	Relating to a Proclamation of a State of Emergency.
Executive Order #339.	Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for the Late Deputy Sheriff Michael Villiard of the Sawyer County Sheriff's Office.

emergency7_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 (3)

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:

  *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

School systems operating fish farms must register with DATCP but are exempt from fees. The operator of a fish farm registered for less than a full year must pay the full year's fee.

If an operator was licensed by DNR in 1997, but files a renewal application with DATCP after April 10, 1998, the operator must pay a late renewal fee equal to 20% of the registration fee or $5.00, whichever is greater.

Deadlines for DATCP Action on Registration Applications

If a person licensed by DNR to operate a fish farm in 1997 applies to register that fish farm with DATCP, DATCP must grant or deny the application within 30 days after the applicant files a complete application, including the correct fee, with DATCP. DATCP will deny the application, if the applicant has not filed a 1997 “private fish hatchery annual report” with the department of natural resources.

If a person applying to register a fish farm was not licensed by the department of natural resources to operate that fish farm in 1997, DATCP must grant or deny that person's registration application within 30 days after all of the following occur:

⋅The applicant files a complete application including the correct fee.

⋅DNR informs DATCP that DNR has approved the facility.

Recordkeeping

This emergency rule requires a fish farm operator to keep the following records for all fish and fish eggs which the operator receives from or delivers to another person:

⋅The name, address, and fish farm registration number if any, of the person from whom the operator received or to whom the operator delivered the fish or fish eggs.

⋅The date on which the operator received or delivered the fish or fish eggs.