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TABCON_A31

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

Emergency Rules Now In Effect.	Pages 5 to 16.
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. Rules adopted revising ss. ATCP 81.50 (2), 81.51 (2) and 81.52 (2), relating to grade standards for Colby and Monterey Jack cheese. [FIRST APPEARANCE]
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 relating to federal covered securities and advisors.
Health & Family Services:	Community Services, Chs. HSS/HFS 30-- Rules adopted amending s. HFS 94.24 (2) (e), relating to searches at the Wisconsin Resources Center. [FIRST APPEARANCE]
Health & Family Services:	Health, Chs. HSS/HFS 110-- Rules relating to restaurants. Rules relating to the Health Insurance Risk-Sharing Plan (HIRSP).
Natural Resources:	Fish, Game, etc., Chs. NR 1- Rules relating to reservations for state parks, forests and other lands. 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.
Public Instruction:	Rules adopted revising ch. PI 35, relating to the Milwaukee Parental School Choice Program. [FIRST APPEARANCE]
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. Rules relating to draft environmental impact statements.
Technical College System:	Rules relating to Faculty Development Grants.
Workforce Development:	Economic Support, Chs. DWD 11 to 59 Rules relating to Learnfare.
Scope Statements.	Pages 17 to 18.
Natural Resources:	NR Code - Relating to developing rules for water ski jumps and ski platforms.
Natural Resources:	NR Code - Relating to developing sustainable forestry practices legislation.
Natural Resources:	Ch. NR 140 - Relating to groundwater quality standards for ammonia.
Natural Resources:	Chs. NR 409 - Relating to the updating of requirements for acid rain provisions in operation permits.
Transportation:	Ch. Trans 510 - Relating to the Transportation Facilities Economic Assistance and Development (TEA) Program.
Workforce Development:	Chs. ILHR 805, 811, 816, 820 and 830 - Relating to renumbering and minor revisions to chs. ILHR 805, 811, 816 and 820 and to the repeal of ch. ILHR 830.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 19 to 20.
Administration:	Ch. Adm 19 - Relating to small cities community development block grants for housing.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 127 - Relating to home solicitation selling.
Commerce:	Ch. ILHR 57 - Relating to the exemption of accessibility requirements for certain multilevel, multifamily dwelling units.
Health & Family Services:	Ch. HFS 119 - Relating to the operation of the Health Insurance Risk-Sharing Plan (HIRSP).
Public Instruction:	Ch. PI 35 - Relating to the Milwaukee parental school choice program.
Public Instruction:	Ch. PI 38 - Relating to grants for peer review and mentoring.
Transportation:	Ch. Trans 197 - Relating to charges for submission of proof of insurance.
Notices of Hearings or of Proposed Rules.	Pages 21 to 32.
Agriculture, Trade & Consumer Protection:	Hearings to consider emergency rule amendments to ch. ATCP 81, relating to standards of Colby and Monterey Jack cheese.
Commerce:	Building and Heating, etc, Chs. 50-64 Hearing to consider revision to Table 57.81 and s. ILHR 57.84 (2) (d), relating to exemption of accessibility requirements for certain multilevel, multifamily dwelling units.
Commerce:	Barrier-Free Design, Ch. Comm 69 Hearing to consider creation of s. Comm 69.18 (2) (a) 2.c., relating to exemption of elevator access in certain government-owned or -operated buildings.
Hearing and Speech Examining Board:	Hearing to consider revision to chs. HAS 1 to 8, relating to continuing education, practice and unauthorized practice.
Regulation & Licensing:	Hearing to consider ch. RL 8, relating to the issuance and use of administrative warnings. Hearing to consider chs. RL 90 to 94, relating to the practice of massage therapy and bodywork.
Revenue:	Proposed revision to s. Tax 11.56, relating to the printing industry.
Transportation:	Hearing to consider ch. Trans 197, relating to fees charged for filing proof of insurance forms by nonelectronic means.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 33.
Commerce:	(CR 98-74) - Ch. Comm 115
Health & Family Services:	(CR 98-47) - S. HFS 196.03 (22) (e), (f) and (g) and Note
Veterinary Examining Board:	(CR 98-9) - Chs. VE 1 to 10
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 34.
Agriculture, Trade & Consumer Protection:	(CR 98-14) - Chs. ATCP 32, 33 and 35
Employe Trust Funds:	(CR 98-50) - Ch. ETF 52
Health & Family Services:	(CR 97-126) - S. HSS 45.05 (11) and s. HFS 46.06 (11)
Insurance, Commissioner of:	(CR 98-15) - S. Ins 3.70
Natural Resources:	(CR 98-23) - Chs. NR 20 and 26 and ss. NR 21.04, 23.05 and 25.10
Rules Published in this Wis. Adm. Register.	Page 35.
Arts Board:	(CR 98-13) - Chs. AB 1 to 4
Elections Board:	(CR 98-51) - S. ElBd 6.05
Health & Family Services:	(CR 98-35) - SS. HFS 172.04, 175.04, 178.05, 195.04, 196.04, 197.04 and 198.04
Health & Family Services:	(CR 98-36) - SS. HFS 138.01, 138.03, 138.04 and 138.05
Insurance, Commissioner of:	(CR 98-48) - SS. Ins 17.01, 17.28 and 17.35
University of Wisconsin System:	(CR 97-149) - S. UWS 18.06
Workforce Development:	(CR 98-32) - SS. DWD 290.15 and 290.155 and ch. DWD 292
Sections Affected by Rule Revisions or Corrections.	Pages 36 to 37.
Revisions
Arts Board:	Chs. AB 1 to 4
Elections Board:	Ch. ElBd 6
Health & Family Services:	Health, Chs. HFS/HSS 110-- Chs. HFS 138, 172, 175, 178, 195, 196, 197 and 198
Insurance, Commissioner of:	Ch. Ins 17
University of Wisconsin System:	Ch. UWS 18
Workforce Development:	Chs. DWD 290 and 292
Editorial Corrections
Health & Family Services:	Health, Chs. HFS/HSS 110-- Ch. HFS 172, 175, 178, 190, 192, 195, 196, 197 and 198
Errata
Chiropractic Examining Board:	Ch. Chir 5
Tax Appeals Commission:	Ch. TA 1
Final Regulatory Flexibility Analyses.	Pages 38 to 39.
1. Arts Board:	(CR 98-13) - Chs. AB 1 to 4
2. Elections Board:	(CR 98-51) - Ch. ElBd 6
3. Health & Family Services:	(CR 98-36) - Ch. HFS 138
4. Health & Family Services:	(CR 98-35) - Chs. HFS 172, 175, 178 and 195 to 198
5. Insurance, Commissioner of:	(CR 98-48) - Ch. Ins 17
6. Workforce Development:	(CR 98-32) - SS. DWD 290.15 and 290.155 and ch. DWD 292
7. University of Wisconsin System:	(CR 97-149) - S. UWS 18.06
Executive Orders.	Page 40.
Executive Order #340.	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 Brave Men and Women of the Armed Forces of the United States Who Lost Their Lives in the Korean War.
Executive Order #341.	Relating to a Proclamation on Year 2000 Preparedness.
Executive Order #342.	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 Jacob J. Chestnut and the Late John Gibson of the United States Capitol Police Department.
Executive Order #343.	Relating to the Creation of a Supplementary Class of Non-Voting, Non-Statutory Members of the Wisconsin Land Council.
Executive Order #344.	Relating to a Proclamation of a State of Emergency.
Executive Order #345.	Relating to the Amendment of Executive Order No. 344.
Executive Order #346.	Relating to a Proclamation of a State of Emergency.
Executive Order #347.	Relating to a Proclamation that the Flags of the United States and the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for those Individuals Killed in the Bombing Incidents Outside the United States Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania.
Executive Order #348.	Relating to the Amendment of Executive Order No. 346.
Public Notices.	Pages 41 to 45.
Health & Family Services:	Medical Assistance, Chs. HFS 100-- Public notice relating to Medical Assistance reimbursement for case management services: targeted case management for child welfare clients in out-of-home care.
Natural Resources:	Environmental Protection--WPDES, Chs. NR 200-- Public notice relating to notice of intent to implement and enforce federal pretreatment standards and requirements related to general pretreatment regulations, to pesticide chemicals, to leather tanning and finishing, and to pulp, paper and paperboard manufacturing, pursuant to s. NR 211.34 (2), Wis. Adm. Code.
Workforce Development:	Relating to a revised child care co-payment schedule under s. DWD 56.08, Wis. Adm. Code.

emer8_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 (4)

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: