Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
The 1997-98 Wisconsin Statutes and Annotations can be ordered now in bound volumes or on the WisLawTM CD-ROM
Bound Volumes:
Prices for the 1997-98 Wisconsin Statutes and Annotations bound volumes are detailed below. Any sales tax due must be added to these prices:
Hard Cover Hard Cover Soft Cover Soft Cover
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$124.00 $117.00 $102.00
$96.00
Send orders to the Document Sales and Distribution Section at the address indicated below, or call (608) 266-3358. Unless exempt by law, all sales are subject to 5% state sales tax and, where applicable, 0.5% county sales tax and 0.1% stadium tax. Prepayment is required for all orders. Payments by check, money order, or credit card should be made payable to WI Department of Administration. Credit card orders using either VISA or Mastercard may be placed by calling 1-800-DOC-SALE. Local customers may call 264-9419 to place an order. The bound volumes of the statutes will be available on January 4, 1999.
WisLawTM CD-ROM
:
Up-to-date WisLawTM CD-ROM's are released by the Revisor of Statutes Bureau several times a year. WisLawTM contains the continuously-updated Wisconsin Statutes and Annotations with Index, Table of Cross-References, and Table of Sections Affected by Acts, the Wisconsin Acts with Index, the Supreme Court Rules and Internal Operating Procedures, recent Opinions of the Attorney General with Index, the Wisconsin Constitution, the U.S. Constitution, the Administrative Register, the Town Law Forms, and the Wisconsin Code of Military Justice. The Bureau plans to increase gradually the number of chapters of the Wisconsin Administrative Code currently on WisLawTM .
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WisLawTM is only available by subscription for 12-month periods; the number of updated CD's to be released in any 12-month period is indeterminate. WisLawTM End-user license and subscription order forms are available at Document Sales; CD's will only be delivered upon receipt of a signed license and subscription form and full payment.
A 12-month subscription plus a license for no more than one simultaneous user costs $99. A 12-month subscription plus a license for no more than 4 simultaneous users costs $149. A 12-month subscription plus a license for no more than 10 simultaneous users costs $199. Shipping is included. Unless exempt by law, all sales are subject to 5% state sales tax and, where applicable, 0.5% county sales tax and 0.1% Wisconsin stadium sales tax.
To obtain a WisLaw Subscription Order Form call (608) 266-3358 or write to:
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T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
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Pages 5 to 20.
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Agriculture, Trade and Consumer Protection:
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Rules relating to fish farms and imports of live fish and fish eggs.
Rules relating to grade standards for Colby and Monterey Jack cheese.
Rules adopted creating ss. ATCP 10.68 and 11.58, relating to fish farms and imports of live fish and fish eggs. [FIRST APPEARANCE]
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Commerce:
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Flammable and Combustible Liquids, Ch. Comm 10
Rules adopted revising ch. Comm 10, relating to storage tanks. [FIRST APPEARANCE]
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Commerce:
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PECFA Interagency Responsibilities, Ch. Comm 46
Rules adopted creating ch. Comm 46, relating to interagency responsibilities with PECFA. [FIRST APPEARANCE]
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Commerce:
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Rental Unit Energy Efficiency, Ch. Comm 67
Rules relating to rental unit energy efficiency.
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Commerce:
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Resources for Communities, etc., Chs. Comm 105-128
Rules relating to the Wisconsin Promise Challenge Grant Program.
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Corrections:
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Rules relating to search and seizure of probationers and parolees.
Rules relating to absconders.
Rules adopted creating ch. DOC 330, relating to chemical castration of child sex offenders. [FIRST APPEARANCE]
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Financial Institutions:
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Banking
Rule relating to mortgage banking.
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Health & Family Services:
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Management & Technology, etc., Chs. HFS 1--
Rules relating to reporting and investigating caregiver misconduct.
Rules relating to caregiver background checks.
Rules adopted revising ch. HFS 12, relating to criminal background checks. [FIRST APPEARANCE]
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Health & Family Services:
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Community Services, Chs. HSS/HFS 30--
Rules relating to searches at the Wisconsin Resources Center.
See Workforce Development.
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Health & Family Services:
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Health, Chs. HSS/HFS 110--
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.).
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Insurance, Commissioner of:
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Rules adopted amending s. Ins 2.80, relating to delaying effective date for NAIC valuation of life insurance policies. [FIRST APPEARANCE]
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Natural Resources:
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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.
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Natural Resources:
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Environmental Protection- Remediation,
Chs. NR 700-
Rules relating to fees for remediation and redevelopment of contaminated lands.
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Public Instruction:
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Rules relating to the Milwaukee Parental School Choice Program.
Rules relating to grants for peer review and mentoring.
Rule adopted relating to alternative teaching permits.
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Public Service Commission:
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Rules relating to draft environmental impact statements.
Rules relating to sewer main extension cost recovery.
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Regulation & Licensing:
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Rules relating to regulation of home inspectors.
Rules relating to music, art and dance therapists.
See Financial Institutions--Banking.
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Revenue:
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Rules relating to use of an alternative apportionment method.
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Transportation:
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Rules relating to intrastate transportation of hazardous materials.
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Veterans Affairs:
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Rules relating to expenditure limit for dentures.
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Workforce Development:
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Economic Support, Chs. DWD 11 to 59
Rules relating to background checks for day care providers.
Rules relating to child support.
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Workforce Development:
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Prevailing Wage Rates, Chs. DWD 290 to 294
Rules adopted amending s. DWD 290.155, relating to annual adjustment of estimated project costs. [FIRST APPEARANCE]
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Scope Statements.
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Pages 21 to 22.
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Commerce:
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Ch. Comm 70 - Relating to the Historic Building Code.
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Corrections:
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DOC Code - Relating to a rule promulgation to allow the Department of Corrections to provide pharmacological intervention with serious child sex offenders.
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Financial Institutions (Division of Banking):
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Ch. RL 41 - Relating to the registration and renewal of registration fees for mortgage bankers, loan originators and mortgage brokers; the transfer fee for loan originators; and the registration periods for all registration and renewals of registrations.
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Kickapoo Valley Reserve Management Board:
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Promulgation of rules relating to the Kickapoo Reserve Management Board and Kickapoo Valley Reserve land.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 23 to 24.
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Commerce:
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Ch. Comm 90 - Relating to the design and construction of public swimming pools.
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Corrections:
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S. DOC 328.21 (3) and (7) - Relating to search and seizure of probationers and parolees.
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Public Service Commission:
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Ch. PSC 135 - Relating to gas safety rules.
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Notices of Hearings or of Proposed Rules.
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Pages 25 to 34.
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Agriculture, Trade and Consumer Protection:
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Hearings to consider ss. ATCP 10.68 and 11.58, created by emergency rule, relating to fish farms and live fish and fish egg imports.
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Commerce:
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Public Swimming Pools, Ch. Comm 90
Hearing to consider revision to ch. Comm 90, relating to the design and construction of public swimming pools.
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Public Service Commission:
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Hearing to consider the repeal and recreation of ch. PSC 135, relating to gas safety rules.
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Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
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Page 35.
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Agriculture, Trade and Consumer Protection:
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Veterans Affairs:
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 36.
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Commerce:
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( CR 98-99) - S. Comm 2.35 and ch. Comm 67
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Commerce:
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Commerce:
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( CR 98-103) - SS. Comm 16.50, 54.07 and 64.45
and chs. Comm 51, 52, 56 and 58
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Health and Family Services:
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Health and Family Services:
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Health and Family Services:
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Natural Resources:
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Natural Resources:
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Public Instruction:
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Public Instruction:
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Railroads, Commissioner of:
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Railroads, Commissioner of:
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Revenue:
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Public Notice.
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Pages 37 to 39.
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Public Service Commission:
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Public notice relating to administrative rules regarding various dispute resolution procedures under federal and state law relating to telecommunications service providers: notice of investigation and further development of rules, phase 2.
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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 (3)
Agriculture, Trade & Consumer Protection
1. 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:
⋅ ⋅Type A registration $50.00
⋅ ⋅Type B registration $25.00
⋅ ⋅Type C registration $ 5.00
⋅ ⋅Type D registration $ 5.00
School systems operating fish farms must register with DATCP but are exempt from fees. The operator of a fish farm registered for less than a full year must pay the full year's fee.
If an operator was licensed by DNR in 1997, but files a renewal application with DATCP after April 10, 1998, the operator must pay a late renewal fee equal to 20% of the registration fee or $5.00, whichever is greater.
Deadlines for DATCP Action on Registration Applications
If a person licensed by DNR to operate a fish farm in 1997 applies to register that fish farm with DATCP, DATCP must grant or deny the application within 30 days after the applicant files a complete application, including the correct fee, with DATCP. DATCP will deny the application, if the applicant has not filed a 1997 “private fish hatchery annual report” with the department of natural resources.
If a person applying to register a fish farm was not licensed by the department of natural resources to operate that fish farm in 1997, DATCP must grant or deny that person's registration application within 30 days after all of the following occur:
⋅The applicant files a complete application including the correct fee.
⋅DNR informs DATCP that DNR has approved the facility.
Recordkeeping
