Register

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Wisconsin

Administrative

Register

No. 515

Publication Date: November 14, 1998

Effective Date: November 15, 1998

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

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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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TOC515A

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

Emergency Rules Now In Effect.	Pages 5 to 19.
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 relating to reporting and investigating caregiver misconduct. Rules relating to caregiver background checks.
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. Rule adopted amending s. PI 3.03 (6) (b) 3., relating to alternative teaching permits. [FIRST APPEARANCE]
Public Service Commission:	Rules relating to draft environmental impact statements. Rules adopted creating ch. PSC 187, relating to sewer main extension cost recovery. [FIRST APPEARANCE]
Regulation & Licensing:	Rules adopted creating chs. RL131 to 135, relating to regulation of home inspectors. [FIRST APPEARANCE]
Revenue:	Rules relating to use of an alternative apportionment method.
Transportation:	Rules relating to intrastate transportation of hazardous materials.
Veterans Affairs:	Rules relating to expenditure limit for dentures.
Workforce Development:	Economic Support, Chs. DWD 11 to 59 Rules relating to background checks for day care providers. Rules relating to child support.
Scope Statement.	Page 20.
Corrections:	Ch. DOC 306 - Relating to security at correctional institutions and to conforming to current law, technology, terminology, and requirements of institutional operations.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 21 to 24.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 75 - Relating to license exemption for retail food establishments located in licensed restaurants.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 139 - Relating to bicycle helmets and drawstrings on children's clothing.
Commerce:	Ch. Comm 118 - Relating to the Wisconsin Promise Challenge grant program.
Employe Trust Funds:	S. ETF 10.55 - Relating to the proper reporting of creditable service, earnings and participating employes of instrumentalities of two or more units of government when the joint instrumentality does not qualify as a separate employer for WRS purposes.
Health & Family Services:	Ch. HFS 163 - Relating to certification for the identification, removal and reduction of lead-based paint hazards.
Health & Family Services:	S. HFS 94.24 (2) (d) 1. d. and (e) - Relating to routine personal searches and random searches of the rooms and personal belongings of ch. 980, Stats., patients and patients in the maximum security facility at Mendota Mental Health Institute.
Public Instruction:	S. PI 3.03 (6) (b) 3. - Relating to alternative teacher permits.
Public Service Commission:	Ch. PSC 100 - Relating to rules for wholesale merchant plants.
Public Service Commission:	Ch. PSC 117 - Relating to rules for assignment of costs and opportunity sales.
Regulation & Licensing:	Chs. RL 140 to 142 - Relating to the registration of music, art and dance therapists.
Revenue:	S. Tax 11.68 - Relating to the sales and use tax treatment of construction contractors.
Transportation:	Ch. Trans 102 - Relating to operator's licenses and identification cards.
Transportation:	Ch. Trans 200 - Relating to location for placement of utility work signs.
Veterans Affairs:	S. VA 2.01 (2) (b) 2. - Relating to the denture cap for the health care aid grant program.
Notices of Hearings or of Proposed Rules.	Pages 25 to 49.
Agriculture, Trade & Consumer Protection:	Hearings to consider revision to chs. ATCP 10 to 12, relating to animal health fees. Hearing to 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. Hearings to consider revision to ch. ATCP 139, relating to bicycle helmets and drawstrings on children's clothing.
Commerce:	Financial Resources for Communities, Chs. Comm 105-128 Hearing to consider ch. Comm 118, relating to the Wisconsin Promise Challenge Grant Program.
Employe Trust Funds:	Hearing to consider s. ETF 10.55, relating to proper reporting of creditable service, earnings and participating employes of instrumentalities of 2 or more units of government.
Health & Family Services:	Health, Chs. HFS 110-- Hearings to consider revision to ch. HFS 163, relating to lead-based paint hazards.
Public Service Commission:	Hearing to consider ch. PSC 179, relating to failure to comply with an interconnection agreement. Hearing to consider ch. PSC 186, relating to standards for water or sewer service in mobile home parks. Hearing to consider ch. PSC 187, relating to sewer main extension cost recovery.
Regulation & Licensing:	Hearing to consider chs. RL 140 to 142, relating to the registration of music, art and dance therapists.
Transportation:	Hearing to consider revision to ch. Trans 102, relating to operator's licenses and identification cards. Proposed revision to ch. Trans 209, relating to location for placement of utility work signs.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 50.
Commerce:	(CR 98-103) - Chs. Comm 51, 52, 54, 56, 58 and 64
Commerce:	(CR 98-126) - Chs. Comm 5, 50 and 65 and ss. Comm 2.32, 66.60 and 70.04
Financial Institutions--Savings Institutions:	(CR 98-137) - SS. DFI-SB 1.03 and 15.01 and DFI-SL 1.03 and 15.01
Health & Family Services:	(CR 97-47) - Ch. HFS 127
Health & Family Services:	(CR 98-108) - Ch. HFS 119
Health & Family Services:	(CR 98-134) - SS. HFS 124.02 and 124.37 to 124.41
Hearing & Speech Examining Board:	(CR 98-115) - SS. HAS 1.01, 2.01 and 3.02 and chs. HAS 6, 7 and 8
Insurance, Commissioner of:	(CR 98-98) - SS. Ins 3.27, 3.39 and 3.46
Natural Resources:	(CR 97-152) - Subch. VII of ch. NR 47
Natural Resources:	(CR 98-42) - Ch. NR 749
Natural Resources:	(CR 98-94) - S. NR 20.08 (10)
Public Instruction:	(CR 98-112) - Ch. PI 35
Public Instruction:	(CR 98-113) - Ch. PI 38
Regulation & Licensing:	(CR 98-107) - Ch. RL 8 and Appendix I of ch. RL 8
Regulation & Licensing:	(CR 98-116) - Chs. RL 90 to 94
Regulation & Licensing:	(CR 98-132) - Chs. RL 80, 81 and 83 to 87
Revenue:	(CR 98-67) - S. Tax 11.56
Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board:	(CR 98-53) - S. SFC 1.02 (intro.) and ch. SFC 8
Transportation:	(CR 98-111) - Ch. Trans 197
Transportation:	(CR 98-121) - S. Trans 231.01 (9) and ch. Trans 233
Transportation:	(CR 98-122) - Ch. Trans 210
Transportation:	(CR 98-125) - Ch. Trans 57
Transportation:	(CR 98-131) - Ch. Trans 400
Transportation:	(CR 98-140) - Ch. Trans 309
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 51.
Agriculture, Trade & Consumer Protection:	(CR 98-1) - Ch. ATCP 134
Commerce:	(CR 98-65) - Ch. ILHR 47
Commerce:	(CR 98-74) - Ch. Comm 115
Health & Family Services:	(CR 98-87) - S. HFS 196.03 (11r)
Natural Resources:	(CR98-85) - S. NR 10.01 (1) (b), (g) 1. a. to k., 2. and 3., (u) 1. and 2. and (v)
Pharmacy Examining Board:	(CR 98-16) - Chs. Phar 1 to 8, 10, 12, 13 and 14
Veterinary Examining Board:	(CR 98-9) - Chs. VE 1 to 10
Workforce Development:	(CR 98-88) - S. DWD 80.60

emer_515

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.