Register

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Wisconsin

Administrative

Register

No. 517

Publication Date: January 14, 1999

Effective Date: January 15, 1999

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

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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
  With Postage     Without Postage     With Postage     Without Postage
  $124.00     $117.00       $102.00     $96.00

Send orders to the Document Sales and Distribution Section at the address indicated below, or call [phone]. 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 .

All of the above WisLawTM Infobases are substantially integrated with hypertext links. WisLawTM utilizes
the Windows versions of Folio PreViews search and retrieval software. Folio is used today by the Legislative Branch, by several state agencies, and by 75 of the top 80 legal publishers.

State agencies are using WisLawTM for their legal research. WisLawTM is distributed by DOA's Document Sales Unit to requesting state agencies on a complimentary basis.

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 [phone] or write to:

The State of Wisconsin

Department of Administration

Bureau of Integrated Document Services

Document Sales and Distribution Section

P.O. Box 7840

Madison, WI 53707-7840

No orders will be accepted by FAX. For more information, call [phone], TTY [phone].

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

Emergency Rules Now In Effect.	Pages 5 to 20.
Agriculture, Trade and Consumer Protection:	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]
Commerce:	Flammable and Combustible Liquids, Ch. Comm 10 Rules adopted revising ch. Comm 10, relating to storage tanks. [FIRST APPEARANCE]
Commerce:	PECFA Interagency Responsibilities, Ch. Comm 46 Rules adopted creating ch. Comm 46, relating to interagency responsibilities with PECFA. [FIRST APPEARANCE]
Commerce:	Rental Unit Energy Efficiency, Ch. Comm 67 Rules relating to rental unit energy efficiency.
Commerce:	Resources for Communities, etc., Chs. Comm 105-128 Rules relating to the Wisconsin Promise Challenge Grant Program.
Corrections:	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]
Financial Institutions:	Banking Rule relating to mortgage banking.
Health & Family Services:	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]
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 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.).
Insurance, Commissioner of:	Rules adopted amending s. Ins 2.80, relating to delaying effective date for NAIC valuation of life insurance policies. [FIRST APPEARANCE]
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 relating to alternative teaching permits.
Public Service Commission:	Rules relating to draft environmental impact statements. Rules relating to sewer main extension cost recovery.
Regulation & Licensing:	Rules relating to regulation of home inspectors. Rules relating to music, art and dance therapists. See Financial Institutions--Banking.
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.
Workforce Development:	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]
Scope Statements.	Pages 21 to 22.
Commerce:	Ch. Comm 70 - Relating to the Historic Building Code.
Corrections:	DOC Code - Relating to a rule promulgation to allow the Department of Corrections to provide pharmacological intervention with serious child sex offenders.
Financial Institutions (Division of Banking):	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.
Kickapoo Valley Reserve Management Board:	Promulgation of rules relating to the Kickapoo Reserve Management Board and Kickapoo Valley Reserve land.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 23 to 24.
Commerce:	Ch. Comm 90 - Relating to the design and construction of public swimming pools.
Corrections:	S. DOC 328.21 (3) and (7) - Relating to search and seizure of probationers and parolees.
Public Service Commission:	Ch. PSC 135 - Relating to gas safety rules.
Notices of Hearings or of Proposed Rules.	Pages 25 to 34.
Agriculture, Trade and Consumer Protection:	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.
Commerce:	Public Swimming Pools, Ch. Comm 90 Hearing to consider revision to ch. Comm 90, relating to the design and construction of public swimming pools.
Public Service Commission:	Hearing to consider the repeal and recreation of ch. PSC 135, relating to gas safety rules.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 35.
Agriculture, Trade and Consumer Protection:	(CR 98-118) - Ch. ATCP 30 Appendix A
Veterans Affairs:	(CR 98-165) - S. VA 2.01 (2) (b) 2.
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 36.
Commerce:	(CR 98-99) - S. Comm 2.35 and ch. Comm 67
Commerce:	(CR 98-100) - Ch. ILHR 32 and ch. Comm 32
Commerce:	(CR 98-103) - SS. Comm 16.50, 54.07 and 64.45 and chs. Comm 51, 52, 56 and 58
Health and Family Services:	(CR 97-47) - Ch. HFS 127
Health and Family Services:	(CR 98-108) - Ch. HFS 119
Health and Family Services:	(CR 98-134) - Ch. HFS 124
Natural Resources:	(CR 98-42) - Ch. NR 749
Natural Resources:	(CR 98-73) - Chs. NR 191 and 192
Public Instruction:	(CR 98-112) - Ch. PI 35
Public Instruction:	(CR 98-113) - Ch. PI 38
Railroads, Commissioner of:	(CR 97-83) - Ch. RR 1
Railroads, Commissioner of:	(CR 97-84) - Ch. RR 3
Revenue:	(CR 98-67) - S. Tax 11.56
Public Notice.	Pages 37 to 39.
Public Service Commission:	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.