Skip navigation Wisconsin State Legislature
Up
Cover_w_new_logo_O15
Wisconsin
Administrative
Register
No. 514
Publication Date: October 14, 1998
Effective Date: October 15, 1998
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
TOC514a
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 5 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.
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. Comm 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 105-128
Rules relating to the Wisconsin Promise Challenge Grant Program.
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.
See Workforce Development.
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 relating to designation of critical access hospitals.
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 relating to the 1998 migratory game bird season.
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.
Revenue:
Rules adopted amending s. Tax 2.39 and creating s. Tax 2.395, relating to use of an alternative apportionment method. [FIRST APPEARANCE]
Technical College System:
Rules relating to Faculty Development Grants.
Transportation:
Rules relating to intrastate transportation of hazardous materials.
Workforce Development:
Economic Support, Chs. DWD 11 to 59
Rules adopted renumbering chs. HSS 80-82 to be ch. DWD 40 to 42 and creating ch. DWD 43, relating to child support.
Scope Statements.
Pages 19 to 21.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 77 - Relating to evaluation of laboratories that analyze milk and water.
Insurance:
SS. Ins 17.01, 17.275 and 17.28 - Relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 1999, confidential claims records, adding physician specialities and a late fee for late filing of certificate of insurance.
Insurance:
SS. Ins 51.01 and 51.60 - Relating to risk-based capital requirements for health insurers.
Natural Resources:
Ch. NR 25 - Relating to commercial fishing in outlying waters.
Natural Resources:
Ch. NR 700- series - Relating to the definition of people eligible to participate in the Voluntary Party Liability Exemptions process, s. 292.15, Stats., and Interim Guidance Authorization.
Public Instruction:
S. PI 3.03 (6) (b) - Relating to alternative teaching permits.
Transportation:
Ch. Trans 200 - Relating to location and placement of signs on public highways.
Veterans Affairs:
Ch. VA 2 - Relating to the expenditure limitation for dentures under the health care aid grant program.
Workforce Development:
Chs. DWD 55 & 56 - Relating to certified child care.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Page 22.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 77 - Relating to certification of laboratories engaged in public health testing of milk, water and food.
Revenue:
SS. Tax 11.19 & 11.70 - Relating to printed material exemptions and the sales and use tax treatment of advertising agencies.
Transportation:
Ch. Trans 31 - Relating to excursion permits on state-owned rail lines.
Transportation:
Ch. Trans 510 - Relating to the eligibility of TEA products.
Notices of Hearings or of Proposed Rules.
Pages 23 to 29.
Administration:
Proposed revision of ch. Adm 19, relating to community development block grants.
Chiropractic Examining Board:
Hearing to consider an amendment to s Chir 4.05 (2), relating to techniques, ancillary procedures or instruments prohibited in the practice of chiropractic.
Military Affairs:
Hearing to consider ch. DMA 1, relating to the Badger Challenge program for disadvantaged youth.
Transportation:
Hearing to consider ch. Trans 31, relating to excursion permits on state-owned railings.
Proposed amendment to s. Trans 510.05, relating to eligibility of TEA projects.
Technical College System Board:
Hearing to consider the amendments to chs. TCS 6,7, 8, 9, relating to General District Policies; District Budget; Audit and Finance; contract for services; and high school student reporting requirements.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 30.
Accounting Examining Board:
(CR 98-91) - Chs. Accy 3 & 7
Commerce:
(CR 98-106) - S. Comm 69.18 (2) (a)
Dentistry Examining Board:
(CR 98-77) - Chs. DE 1, 2, 5, 6 & 11
Employe Trust Funds:
(CR 98-101) - Ch. ETF 50
Natural Resources:
(CR 98-45) - Ch. NR 113
Natural Resources:
(CR 98-84) - Chs. NR 12 & 19
Natural Resources:
(CR 98-86) - Ch. NR 20
Natural Resources:
(CR 98-95) - Ch. NR 25
Natural Resources:
(CR 98-96) - Ch. NR 46
Transportation:
(CR 98-102) - Chs. Trans 157
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 31.
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:
(CR 98-57) - Chs. FD 1 to 5
Health & Family Services:
(CR98-47) - Ch. HFS 196
Insurance:
(CR 98-58) - Ch. Ins 2
Public Notice.
Page 32.
Financial Institutions:
Division of Securities
Relating to an order designating as licensees certain investment adviser representatives who as of July 9, 1998 were qualified in Wisconsin on the basis of having met the examination requirements of s. 551.32 (4), Stats.
emer_514
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.
Down
Loading...
Loading...
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.