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Bruce Munson

Revisor of Statutes

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Gary L. Poulson

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Assistant Revisor-Administrative Code

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TabCon_S30

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

Emergency Rules Now In Effect.	Pages 7 to 20.
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 relating to grade standards for Colby and Monterey Jack cheese.
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.
Commerce:	Resources for Communities, etc., Chs. Comm 105-- Rules adopted creating ch. Comm 118, relating to the Wisconsin Promise Challenge Grant Program. [FIRST APPEARANCE]
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 relating to searches at the Wisconsin Resources Center.
Health & Family Services:	Health, Chs. HSS/HFS 110-- Rules relating to restaurants. Rules relating to the Health Insurance Risk-Sharing Plan (HIRSP). Rules relating to removal of lead-based paint. Rules adopted revising ch. HFS 124, relating to designation of critical access hospitals. [FIRST APPEARANCE]
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. Rules adopted revising ch. NR 10, relating to the 1998 migratory game bird season. [FIRST APPEARANCE]
Natural Resources:	Environmental Protection-Water Regulation, Chs. NR 300- Rules relating to fees for waterway and wetland permit decisions.
Natural Resources:	Environmental Protection- Remediation, Chs. NR 700- Rules adopted creating ch. NR 749, relating to fees for remediation and redevelopment of contaminated lands.
Public Instruction:	Rules relating to the Milwaukee Parental School Choice Program. Rules relating to grants for peer review and mentoring.
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.
Scope Statements.	Pages 21 to 22.
Law Enforcement Standards Board:	Ch. LES 3 - Relating to vehicle pursuit training standards for law enforcement officers.
Natural Resources:	NR Code - Relating to administrative changes needed to the signing of snowmobile trails, trail funding, trail use stickers, standards for automated license issuance and law enforcement costs.
Natural Resources:	NR Code - Relating to fishing, hunting and trapping regulations.
Natural Resources:	Chs. NR 500 series - Relating to minor technical revisions and incorporation of new statutory requirements related to recycling.
Transportation :	Ch. Trans 206 - Relating to interpreting and administering procedures for assisting in the improvement of deteriorating local highways, streets and roads under s. 86.31 (6), Stats.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 23 to 26.
Chiropractic Examining Board:	Chir Code - Relating to techniques, ancillary procedures or instruments prohibited in the practice of chiropractic.
Health & Family Services:	SS. HSS 51.01 to 51.03 and 51.09 - Relating to applicability of rules for placement of special needs children in adoptive homes.
Health & Family Services:	SS. HSS 124.02 and 124.37 to 124.41 - Relating to critical access hospitals.
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Ch. NR 5 - Relating to boating enforcement and education.
Natural Resources:	Environmental Protection--General, Chs. NR 100-- Chs. NR 102, 104 & 106 - Relating to stream classifications and thermal discharge standards for surface waters.
Natural Resources:	Environmental Protection--Water Regulation, Chs. NR 300-- Ch. NR 328 - Relating to the regulation of water ski platforms and water ski jumps.
Natural Resources:	Environmental Protection--Air Pollution Control, Chs. NR 400-- Ch. NR 410 - Relating to an increase in air pollution construction permit fees.
Public Instruction:	Ch. PI 11 - Relating to surrogate parents, transfer pupils and eligibility criteria for children with disabilities.
Regulation & Licensing:	RL Code - Relating to the registration and regulation of auctioneers and auction companies.
Transportation:	Ch. Trans 309 - Relating to ambulance inspection.
Notices of Hearings or of Proposed Rules.	Pages 27 to 45.
Agriculture, Trade & Consumer Protection:	Hearings to consider revision to chs. ATCP 10 and 11, relating to fish farms. Hearings to consider amendments to ch. ATCP 30, relating to use of atrazine. Hearing to consider revision of ch. ATCP 127, relating to home solicitation selling.
Health & Family Services:	Community Services, Chs. HFS/HSS 30-- Hearing to consider a revision to ch. HSS 98, relating to lie detector testing of sex offenders.
Health & Family Services:	Health, Chs. HFS 110-- Hearing to consider revision of ch. HFS 124, relating to critical access hospitals.
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Hearings to consider revision to ch. NR 5, relating to boating enforcement and education. Hearing to consider revision to ch. NR 10, relating to the 1998 migratory game bird season.
Natural Resources:	Environmental Protection--General, Chs. NR 100-- Hearings to consider revisions to chs. NR 102, 104 and 106, relating to streams classification and thermal discharge standards.
Natural Resources:	Environmental Protection--Water Regulation, Chs. NR 300-- Hearings to consider ch. NR 328, relating to water ski platforms and water ski jumps.
Natural Resources:	Environmental Protection--Air Pollution Control, Chs. NR 400-- Hearings to consider amendments to s. NR 410.03, relating to air pollution construction permit fees.
Natural Resources:	Environmental Protection--Remediation, Chs. NR 700-- Hearing to consider ch. NR 749, relating to fees for remediation and redevelopment of contaminated lands.
Public Instruction:	Hearing to consider ch. PI 35, relating to the Milwaukee parental choice program. Hearing to consider ch. PI 38, relating to grants for peer review and mentoring.
Regulation & Licensing:	Hearing to consider revision to chs. RL 120 to 126, relating to auctioneers and auction companies.
Transportation:	Hearing to consider revision of ch. Trans 309, relating to ambulance inspection. Hearing to consider emergency rule amendment to ch. Trans 328, relating to motor carrier safety requirements for intrastate transportation of hazardous materials.
Workforce Development:	Economic Support, Chs. DWD 11 to 59 Hearings to consider chs. DWD 40 to 43, relating to child support administrative enforcement.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 46.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board:	(CR 98-30) - Chs. A-E 1 to 10
Commerce:	(CR 97-117) - Ch. Comm 1
Health & Family Services:	(CR 98-87) - S. HFS 196.03 (11r)
Insurance, Commissioner of:	(CR 98-78) - SS. Ins 6.58 and 6.59 and ch. Ins 28
Insurance, Commissioner of:	(CR 98-79) - SS. Ins 6.59 and 6.61 and ch. Ins 26
Insurance, Commissioner of:	(CR 98-80) - S. Ins 4.10
Natural Resources:	(CR 98-55) - Subch. II of ch. NR 16
Natural Resources:	(CR 98-85) - S. NR 10.01 (1) (b), (g), (u) and (v)
Optometry Examining Board:	(CR 98-75) - Chs. Opt 3 and 4 and s. Opt 6.03 (2) Note
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 47.
Corrections:	(CR 98-70) - S. DOC 328.22 (5)
Public Defender:	(CR 98-89) - S. PD 3.02 (1)
Public Service Commission:	(CR 97-157) - S. PSC 112.05
Public Service Commission:	(CR 98-49) - SS. PSC 160.05, 160.11 (6) and 160.17 and ch. PSC 161
Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board:	(CR 97-119) - SS. SFC 1.05, 11.035, 14.01 and 14.02
Wisconsin Technical College System Board:	(CR 98-59) - Ch. TCS 15
Transportation:	(CR 98-82) - Ch. Trans 132
Rules Published in this Wis. Adm. Register.	Page 48.
Agriculture, Trade & Consumer Protection:	(CR 98-14) - Chs. ATCP 32, 33 and 35
Commerce:	(CR 97-109) - Ch. ILHR 60
Commerce:	(CR 98-17) - Chs. Comm 51 and ILHR 66 and ss. ILHR 53.63 and 57.01
Corrections:	(CR 97-79) - Ch. DOC 309
Employe Trust Funds:	(CR 98-50) - Ch. ETF 52
Health & Family Services:	(CR 97-126) - SS. HSS 45.05 (11) and HFS 46.06 (11)
Insurance, Commissioner of:	(CR 98-15) - S. Ins 3.70
Natural Resources:	(CR 98-18) - Chs. NR 500, 502, 507, 512, 520 and 680 and ss. NR 504.09, 509.07, 514.04 and 620.15
Natural Resources:	(CR 98-21) - SS. NR 487.03, 487.05, 487.07, 487.09 and 487.10
Natural Resources:	(CR 98-22) - SS. NR 10.02, 10.09, 10.25, 11.10, 15.02, 19.30 and 27.03
Natural Resources:	(CR 98-24) - Chs. NR 10 and 11 and s. NR 15.02
Public Instruction:	(CR 98-39) - S. PI 2.05 (2) (a)
Public Instruction:	(CR 98-68) - Ch. PI 11
Sections Affected by Rule Revisions and Corrections.	Pages 49 to 51.
Revisions
Agriculture, Trade & Consumer Protection:	Chs. ATCP 32, 33 and 35
Commerce(Building & Heating, etc., Chs. Comm 50 to 64):	Chs. Comm 51, 53, 57 and 60
Commerce (Uniform Multifamily Dwellings, Ch. Comm 66):	Ch. Comm 66
Corrections:	Ch. DOC 309
Employe Trust Funds:	Ch. ETF 52
Health & Family Services (Community Services, Chs. HFS/HSS 30--):	Chs. HFS 45 and 46
Insurance:	Ch. Ins 3
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Chs. NR 10, 11, 15, 19 and 27
Natural Resources (Air Pollution Control, Chs. NR 400--):	Ch. NR 487
Natural Resources (Solid Waste Management, Chs. NR 500--):	Chs. NR 500, 502, 504, 512, 514 and 520
Natural Resources (HazardousWaste Management, Chs. NR 600--):	Chs. NR 620 and 680
Public Instruction:	Chs. PI 2 and 11
Editorial Corrections
Agriculture, Trade & Consumer Protection:	Chs. ATCP 34 and 35
Commerce(Building & Heating, etc., Chs. Comm 50 to 64):	Chs. Comm 52, 53, 54, 57, 58, 59, 60, 61, 62, 63 and 64
Commerce (Uniform Multifamily Dwellings, Ch. Comm 66):	Ch. Comm 66
Corrections:	Ch. DOC 309
Health & Family Services (Community Services, Chs. HFS/HSS 30--):	Chs. HFS 45 and 46
Final Regulatory Flexibility Analyses.	Pages 52 to 54.
1. Agriculture, Trade & Consumer Protection:	(CR 98-14) - Chs. ATCP 32, 33 and 35
2. Commerce:	(CR 98-17) - Chs. Comm 51 and ILHR 57 and 66
3. Commerce:	(CR 97-109) - Ch. ILHR 60
4. Corrections:	(CR 97-79) - Ch. DOC 309
5. Employe Trust Funds:	(CR 98-50) - Ch. ETF 52
6. Health & Family Services:	(CR 97-126) - SS. HSS 45.05 (11) and HFS 46.06 (11)
7. Insurance, Commissioner of:	(CR 98-15) - S. Ins 3.70
8. Natural Resources:	(CR 98-24) - Chs. NR 10 and 11 and s. NR 15.02
9. Natural Resources:	(CR 98-22) - SS. NR 10.02, 10.09, 10.25, 11.10, 15.02, 19.30 and 27.03
10. Natural Resources:	(CR 98-21) - Ch. NR 487
11. Natural Resources:	(CR 98-18) - Chs. NR 500, 502, 507, 512, 520 and 680 and ss. NR 504.09, 509.07, 514.04 and 620.15
12. Public Instruction:	(CR 98-39) - S. PI 2.05 (2) (a)
13. Public Instruction:	(CR 98-68) - Ch. PI 11
Executive Orders.	Page 55.
Executive Order 349:	Relating to the Governor's Fatherhood Initiatives.
Executive Order 350:	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 Honorable Lewis F. Powell, Jr., Late Associate Justice of the United States Supreme Court.
Executive Order 351:	Relating to a Proclamation of a State of Emergency.
Executive Order 352:	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 Sheriff Deputy John M. Schmitt of the Washington County Sheriff's Office.
Public Notices.	Pages 56 to 57.
Health & Family Services:	Public notice relating to Medical Assistance reimbursement of hospitals.
Workforce Development:	Public notice concerning the centralized receipt and disbursement of child support and maintenance payments.

emeg513

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: