Register

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Wisconsin

Administrative

Register

No. 514

Publication Date: October 31, 1998

Effective Date: November 1, 1998

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

CDNewsRelease_MMY

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[phone] ○ Fax [phone]

Bruce Munson

Revisor of Statutes

[e-mail]

Gary L. Poulson

Deputy Revisor of Statutes

Assistant Revisor-Administrative Code

[e-mail]

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TOC514B

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. 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.
Financial Institutions:	Securities Rule relating to federal covered securities and advisors.
Health & Family Services:	Management & Technology, etc., Chs. HFS 1-- Rules adopted creating ch. HFS 13, relating to reporting and investigating caregiver misconduct. [FIRST APPEARANCE] Rules adopted creating ch. HFS 12, relating to caregiver background checks. [FIRST APPEARANCE}
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. See Health and Family Services, (Management & Technology, etc.).
Natural Resources:	Fish, Game, etc., Chs. NR 1- Rules relating to reservations for state parks, forests and other lands. 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- Remediation, Chs. NR 700- Rules 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 draft environmental impact statements.
Revenue:	Rules relating to use of an alternative apportionment method.
Transportation:	Rules relating to intrastate transportation of hazardous materials.
Workforce Development:	Economic Support, Chs. DWD 11 to 59 Rules adopted renumbering ss. HFS 55.55 to 55.62 to be ch. DWD 55, relating to background checks for day care providers. [FIRST APPEARANCE] Rules relating to child support.
Scope Statements.	Pages 21 to 29.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 160 - Relating to premium lists and premium requirements for county and district fairs..
Funeral Directors Examining Board:	S. FD 6.10 - Relating to the solicitation of prospective purchasers of burial agreements funded with the proceeds of a life insurance policy.
Natural Resources:	Ch. NR 809 - Relating to safe drinking water systems.
Nursing Board:	S. N 8.05 - Relating to continuing education requirements for advanced practice nurse prescribers.
Pharmacy Examining Board:	S. Phar 7.01 - Relating to the role of employes in a pharmacy who are not pharmacists, and to delegation of duties by a pharmacist.
Psychology Examining Board:	Chs. Psy 2 and 4 - Relating to licensure of persons licensed in other states, supervised psychological experience, approval of continuing education programs, audit of continuing education, disciplinary action in other states, and examination deadlines.
Revenue:	SS. Tax 2.39 and 2.395 - Relating to an alternative method of apportionment of income for Wisconsin corporation franchise and income tax purposes, as created by 1997 Wis. Act 299, effective for taxable years beginning on January 1, 1998.
Revenue:	SS. Tax 11.14 and 11.53 - Relating to sales and use tax exemption certificates, and to sales anduse tax treatment of temporary events.
Transportation:	Chs. Trans 138 and 139 - Relating to regulating the conduct of motor vehicle dealers, salespeople, and other licensees in Wisconsin and to providing protection for consumers from unfair trade practices.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 30 to 31.
Agriculture, Trade & Consumer Protection:	Chs. ATCP 10, 11 and 12 - Relating to animal health fees.
Agriculture, Trade & Consumer Protection:	Chs. ATCP 2, 40, 42, 45, 50, 92, 100, 109, 118 (Jus 2), 121 and 161 - Relating to technical and remedial rule changes pertaining to farm mediation and arbitration, sustainable agriculture, agricultural development and diversification, commercial feed, soil and water resource management, LP gas meters, freezer meat and food service plans, referral selling plans and car rental notices.
Natural Resources:	Ch. NR 20 - Relating to sport fishing regulations.
Natural Resources:	SS. NR 20.02 and 23.02 - Relating to Wisconsin-Michigan boundary waters.
Natural Resources:	Ch. NR 167 - Relating to the land recycling loan program.
Natural Resources:	Ch. NR 809 - Relating to public drinking water systems.
Transportation:	Ch. Trans 305 - Relating to vehicle restraining devices.
Transportation:	Ch. Trans 300 - Relating to school bus equipment standards.
Notices of Hearings or of Proposed Rules.	Pages 32 to 46.
Agriculture, Trade & Consumer Protection:	Hearings to consider revision to chs. ATCP 10 to 12, relating to animal health fees. Hearing consider an amendment to s. ATCP 75.015, relating to license exemption for retail food establishments. Hearing to consider revision to several ATCP chapters relating to technical and remedial changes. Hearing to consider revision to ch. ATCP 77, relating to laboratory certification.
Health & Family Services:	Community Services, Chs. HFS 30-- Hearing to consider revision to ch. HSS 51, relating to placement of special needs children in adoptive homes.
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Hearings to consider revision of ch. NR 20, relating to sport fishing. Hearing to consider revision to ss. NR 20.02 (2) and 23.02, relating to the Wisconsin-Michigan boundary waters.
Natural Resources:	Environmental Protection--General, Chs. NR 100-- Hearings to consider ch. NR 167, relating to the land recycling loan program.
Natural Resources:	Environmental Protection--Water Supply, Chs. NR 800-- Hearings to consider revision to ch. NR 809, relating to public drinking water systems.
Public Instruction:	Hearings to consider revision to ch. PI 11, relating to eligibility criteria for children with disabilities. Hearings to consider revision to ch. PI 11, relating to transfer pupils with disabilities and surrogate parents.
Revenue:	Proposed revision to ch. Tax 11, relating to medicines and to gifts and other advertising specialties.
Transportation:	Proposed revision to ch. Trans 300, relating to school bus equipment standards. Proposed amendment to s. Trans 305.27 (3) (a), relating to vehicle restraining devices.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 47.
Commerce:	(CR 98-99) - Ch. Comm 67
Commerce:	(CR 98-100) - Chs. Comm 32 and ILHR 32
Commerce:	(CR 98-109) - Ch. ILHR 57, Subch. II
Financial Institutions--Securities:	(CR 98-114) - Chs. DFI-Sec 2, 3 and 5 and ss. DFI-Sec 1.02, 7.07 and 9.01
Natural Resources:	(CR 98-73) - Chs. NR 191 and 192
Transportation:	(CR 98-31) - Ch. Trans 29
Transportation:	(CR 98-105) - Chs. Trans 325, 326 and 328
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 48.
Controlled Substances Board:	(CR 98-54) - S. CSB 2.24
Health & Family Services:	(CR 98-69) - Ch. HFS 89
Natural Resources:	(CR97-89) - Ch. NR 140
Rules Published in this Wis. Adm. Register.	Page 49.
Corrections:	(CR 98-70) - S. DOC 328.22
Health & Family Services:	(CR 98-47) - S. HFS 196.03 (22)
Insurance, Commissioner of:	(CR 98-58) - S. Ins 2.30
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 98-56) - S. NR 46.30 (2) (a) to (c)
Natural Resources:	(CR 98-66) - Ch. NR 300
Public Defender:	(CR 98-89) - S. PD 3.02 (1)
Public Instruction:	(CR 98-38) - SS. PI 3.03 and 3.05
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
Workforce Development:	(CR 98-26) - S. DWD 12.25
Sections Affected by Rule Revisions and Corrections.	Pages 50 to 51.
Revisions
Corrections:	Ch. DOC 328
Health & Family Services (Health, Chs. HFS/HSS 110--):	Ch. HFS 196
Insurance, Comissioner of:	Ch. Ins 2
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Chs. NR 5, 21, 22 and 46
Natural Resources (Water Regulation, Chs. NR 300--):	Ch. NR 300
Public Defender:	Ch. PD 3
Public Instruction:	Ch. PI 3
Public Service Commission:	Chs. PSC 112, 160 and 161
Social Workers, Marriage & Family Therapists and Counselors Examining Board:	Chs. SFC 1, 11 and 14
Technical College System Board:	Ch. TCS 15
Transportation:	Ch. Trans 132
Workforce Development (Economic Support, Chs. DWD 11-59):	Ch. DWD 12
Editorial Corrections
Natural Resources (Water Regulation, Chs. NR 300--):	Ch. NR 305
Public Defender:	Ch. PD 2
Errata
Commerce (Building & Heating, etc., Chs. Comm 50 to 64):	Ch. Comm 60
Final Regulatory Flexibility Analyses.	Pages 52 to 54.
1. Corrections:	(CR 98-70) - S. DOC 328.22
2. Health & Family Services:	(CR 98-47) - S. HFS 196.03 (22)
3. Insurance, Commissioner of:	(CR 98-58) - S. Ins 2.30
4. Natural Resources:	(CR 97-146) - S. NR 5.21 (3)
5. Natural Resources:	(CR 98-20) - SS. NR 21.02, 21.04, 21.10, 21.11 and 21.12
6. Natural Resources:	(CR 98-56) - S. NR 46.30 (2) (a) to (c)
7. Natural Resources:	(CR 98-66) - Ch. NR 300
8. Public Defender:	(CR 98-89) - S. PD 3.02 (1)
9. Public Instruction:	(CR 98-38) - SS. PI 3.03 and 3.05
10. Public Service Commission:	(CR 97-157) - S. PSC 112.05
11. Public Service Commission:	(CR 98-49) - SS. PSC 160.05, 160.11 (6) and 160.17 and ch. PSC 161
12. Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board:	(CR 97-119) - SS. SFC 1.05, 11.035, 14.01 and 14.02
13. Technical College System Board:	(CR 98-59) - Ch. TCS 15
14. Transportation:	(CR 98-82) - Ch. Trans 132
15. Workforce Development:	(CR 98-26) - S. DWD 12.25
Executive Orders.	Page 55.
Executive Order #354:	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 Memory of the Late Dale Ten Haken of the Manitowoc Police Department.
Executive Order #355:	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 Fire Fighters of this State Who Have Given Their Lives in the Line of Duty.

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: