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Table_A30
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 7 to 18.
Agriculture, Trade and Consumer Protection:
Rules relating to grade standards for Colby and Monterey Jack cheese.
Rules relating to fish farms and imports of live fish and fish eggs.
Commerce:
Flammable and Combustible Liquids, Ch. Comm 10
Rules relating to storage tanks.
Commerce:
Uniform Dwelling, Chs. Comm 20-25
Rule adopted delaying the effective date of the latest revisions to chs. Comm 20-25.
Commerce:
PECFA Interagency Responsibilities, Ch. Comm 46
Rules relating to interagency responsibilities with PECFA.
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 volume cap on tax-exempt private activity bonds.
Rules relating to the Wisconsin Development Zone Program.
Corrections:
Rules relating to search and seizure of probationers and parolees.
Rules relating to absconders.
Rules relating to chemical castration of child sex offenders.
Emergency Response Board:
Rule adopted relating to reporting requirements for fuel present at 10,000 pounds or more at gas stations.
Financial Institutions:
Banking
Rules relating to mortgage banking.
Financial Institutions:
Securities
Rules relating to alternative accounting guidelines.
Health & Family Services:
Management & Technology, etc., Chs. HFS 1-
Rules relating to reporting and investigating caregiver misconduct.
Rules relating to caregiver background checks.
Rules relating to criminal background checks.
Health & Family Services:
Community Services, Chs. HSS/HFS 30-
See emergency rules relating to ch. DWD 55.
Health & Family Services:
Health, Chs. HSS/HFS 110-
Rules relating to the Health Insurance Risk-Sharing Plan.
Rules adopted relating to neonatal intensive care training grants.
Insurance, Commissioner of:
Rules relating to delaying effective date for NAIC valuation of life insurance policies.
Rules adopted relating to guarantee issue eligibility for Medicare Supplement insurance.
Natural Resources:
See also emergency rules relating to Comm 46.
Fish, Game, etc., Chs. NR 1-
Rules relating to sport fishing for yellow perch in Sauk creek.
Rules relating to special closure of sturgeon spearing season.
Public Instruction:
Rule adopted relating to alternative teaching permits.
Public Service Commission:
Rules relating to sewer main extension cost recovery.
Rules relating to small generating plants.
Regulation & Licensing:
Rules relating to regulation of home inspectors.
Revenue:
Rule adopted relating to the sales and use tax treatment of machinery and equipment used in waste reduction and recycling activities.
Workforce Development:
Economic Support, Chs. DWD 11 to 59
Rules relating to background checks for day care providers.
Rules relating to child support.
Rules adopted renumbering a part of ch. HFS 55 and revising ch. DWD 55, relating to criminal record background checks in day care. [FIRST APPEARANCE]
Workforce Development:
Prevailing Wage Rates, Chs. DWD 290 to 294
Rules relating to annual adjustment of estimated project costs.
Scope Statements.
Pages 19 to 23.
Agriculture, Trade and Consumer Protection:
Chs. ATCP 10 and 11 - Relating to chronic wasting disease (CWD) in deer and elk, and scrapie in sheep and goats.
Agriculture, Trade and Consumer Protection:
Ch. ATCP 81 - Relating to cheese grading, packaging and labeling.
Commerce:
Ch. Comm 111 - Relating to certified capital companies.
Financial Institutions (Div. of Securities):
DFI-Sec Code - Relating to the Wisconsin Uniform Securities Law and the Wisconsin Franchise Investment Law.
Professional Geologists, Hydrologists and Soil Scientists Examining Board:

New Code - Relating to the establishing requirements and standards for the practice of professional geology, hydrology and soil science.
Health and Family Services (Community Services, Chs. HFS/HSS 30--):

Ch. HFS 36 - Relating to community-based psychosocial services programs for persons with mental illness and children with emotional disturbance.
Health and Family Services (Health, Chs. HFS/HSS 110--):
Ch. HFS 115 - Relating to screening of newborn children for congenital and metabolic disorders.
Natural Resources (Environmental Protection--General, Chs. NR 100--):

Ch. NR 140 - Relating to groundwater quality standards for toluene and xylenes.
Natural Resources (Environmental Protection--Investigation and Remediation of Environmental Contamination, Chs. NR 700--):

Chs. NR 720, 722, 726 and 746 (Comm 46) - Relating to PECFA (Petroleum Environmental Cleanup Fund) site assessment and closure.
Public Service Commission:
Ch. PSC 2 and ss. PSC 113.134, 134.064 and 165.053 - Relating to rules of practice and procedure before the Commission.
Revenue:
S. Tax 11.20 - Relating to Wisconsin sales and use tax treatment of waste reduction and recycling machinery and equipment and motor vehicles used in waste reduction and recycling activities.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 24 to 25.
Agriculture, Trade and Consumer Protection:
Ch. ATCP 160 - Relating to county and district fairs.
Commerce (Financial Resources for Businesses and Communities, Chs. Comm 105-128):

Ch. Comm 112 - Relating to the Wisconsin Development Zone program.
Health and Family Services (Community Services, Chs. HFS/HSS 30--):

Ch. HFS 58 - Relating to eligibility for the kinship care program.
Insurance, Commissioner of:
SS. Ins 17.01, 17.275 and 17.28 - Relating to annual patients compensation and mediation fund fees.
Natural Resources (Air Pollution Control, Chs. NR 400--):
Chs. NR 460, 466 and 484 - Relating to national emission standards for hazardous air pollutants for the printing and publishing industry.
Natural Resources (Air Pollution Control, Chs. NR 400--):
Chs. NR 428 and 484 - Relating to nitrogen oxides (NOx) emission reduction requirements.
Physical Therapists Affiliated Credentialing Board:
PT Code - Relating to the definition of physical therapy aide, the tests of English, written English and spoken English, general supervision of physical therapist assistants and physical therapy aides.
Public Defender:
S. PD 1.04 (10) - Relating to certification criteria.
Notices of Hearings or of Proposed Rules.
Pages 26 to 46.
Agriculture, Trade and Consumer Protection:
Hearing to consider an emergency rule amending ch. ATCP 100, relating to dairy plant security.
Hearings to consider revision of ch. ATCP 160, relating to county and district fairs.
Chiropractic Examining Board:
Hearing to consider s. Chir 3.08, relating to limited liability entities.
Hearing to consider revision to s. Chir 4.03 and creation of s. Chir 6.03, relating to referral of patients.
Commerce:
Financial Assistance for Businesses and Communities, Chs. Comm 105-128
Hearing to consider ch. Comm 112, relating to the Wisconsin Development Zone program.
Health & Family Services:
Health, Chs. HFS 110-
Hearing to consider ch. HFS 181, relating to reporting of blood lead test results.
Insurance, Commissioner of:
Hearing to consider revision to ch. Ins 17, relating to the patients compensation and mediation fund programs.
Natural Resources:
Environmental Protection--Air Pollution Control, Chs. NR 400--
Hearings to consider revision to chs. NR 428 and 484, relating to nitrogen oxides (NOx) emission reduction requirements.
Hearing to consider chs. NR 460, 466 and 484, relating to emission standards for the printing and publishing industry.
Podiatrists Affiliated Credentialing Board:
Hearing to consider chs. Pod 1 to 6, relating to regulation and licensure of podiatrists.
Public Defender:
Hearing to consider revision to ch. PD 1, relating to certification criteria.
Public Service Commission:
Supplemental notice extending comment period for a proposed rule revising chs. PSC 2, 12, 100, 164, 165, 166, 174 and 176, relating to telecommunications and: miscellaneous rule wording changes; abandonment of facilities and services by a utility; agreements with affiliates; issuance of securities; mergers and other reorganizations; and nondiscrimination.
Hearing to consider revision to ch. PSC 160, relating to the provision of universal telecommunications service and administration of the universal service fund (continuation of hearing and extension of comment period).
Revenue:
Proposed revision to ch. Tax 11, relating to sales and use tax exemption certificates and treatment of temporary events.
Proposed revision to ch. Tax 11, relating to sales and use tax treatment of gross receipts and sales price, manufacturing exemption and motor vehicles.
Proposed amendment to s. Tax 11.33 (4), relating to auction sales of personal farm property or household goods, and exempt purchases for resale by nonprofit organizations.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 47.
Commerce:
(CR 99-10) - Ch. Comm 10
Insurance, Commissioner of:
(CR 99-13) - S. Ins 3.39 (34) (b)
Insurance, Commissioner of:
(CR 99-34) - S. Ins 16.01 (6) (b) and (7) (a)
Regulation and Licensing:
(CR 98-175) - Chs. RL 131 to 135
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 48.
Natural Resources:
(CR 98-146) - Ch. NR 167
Natural Resources:
(CR 98-148) - Ch. NR 20 and s. NR 21.02 (16)
Natural Resources:
(CR 98-195) - SS. NR 25.06 and 25.09
Revenue:
(CR 97-29) - S. Tax 11.12
Revenue:
(CR 98-128) - SS. Tax 11.09 and 11.28
Social Workers, Marriage and Family Therapists, and Professional Counselors Examining Board:

(CR 98-53) - S. SFC 1.02 (intro.) and ch. SFC 8
Transportation:
(CR 98-145) - Ch. Trans 31
Rules Published in this Wis. Adm. Register.
Page 49.
Administration:
(CR 98-110) - Ch. Adm 19
Dentistry Examining Board:
(CR 98-77) - Ch. DE 2 and ss. DE 1.02, 5.02, 6.01
and 11.11
Health and Family Services:
(CR 98-155) - Ch. HFS 163
Health and Family Services:
(CR 98-160) - S. HFS 94.24 (2) (d) 1. d. and (e)
Natural Resources:
(CR 98-55) - Ch. NR 16
Natural Resources:
(CR 98-195) - SS. NR 25.06 and 25.09
Regulation and Licensing:
(CR 98-173) - Chs. RL 140 to 142
Technical College System Board:
(CR 98-104) - Chs. TCS 6 to 9
Transportation:
(CR 98-143) - S. Trans 510.05
Transportation:
(CR 98-147) - S. Trans 305.27 (3) (a)
Transportation:
(CR 98-153) - SS. Trans 300.16 and 300.54
Sections Affected by Rule Revisions and Corrections.
Pages 50 to 52.
Revisions
Administration:
Ch. Adm 19
Dentistry Examining Board:
Chs. DE 1, 2, 5, 6 and 11
Health and Family Services (Community Services, Chs. HFS/HSS 30--):

Ch. HFS 94
Health and Family Services (Health, Chs. HFS/HSS 110--):
Ch. HFS 163
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Chs. NR 16 and 25
Regulation and Licensing:
Chs. RL 140, 141 and 142
Technical College System:
Chs. TCS 6, 7, 8 and 9
Transportation:
Chs. Trans 300, 305 and 510
Editorial Corrections
Administration:
Chs. Adm 20 and 21
Agriculture, Trade and Consumer Protection:
Chs. ATCP 60 and 136
Commerce (Public Employe Safety and Health, Ch. Comm 32):
Ch. Comm 32
Wisconsin Emergency Management:
Code
Health and Family Services (Community Services, Chs. HFS/HSS 30--):

Ch. HFS 46
Health and Family Services (Medical Assistance, Chs. HFS 100--):
Chs. HFS 101, 103, 104, 105, 106, 107 and 108
Health and Family Services (Health, Chs. HFS/HSS 110--):
Ch. HFS 172
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Ch. NR 16
Technical College System:
Chs. TCS 9 and 12
Transportation:
Chs. Trans 131, 258 and 305
Errata
Commerce (Flammable and Combustible Liquids, Ch. Comm 10):
Ch. Comm 10 (cover page)
Health and Family Services (Community Services, Chs. HFS/HSS 30--):

Ch. HFS 46
Health and Family Services (Health, Chs. HFS/HSS 110--):
Ch. HFS 172
Transportation:
Chs. Trans 131 and 150
Final Regulatory Flexibility Analysis.
Pages 53 to 54.
Administration:
(CR 98-110) - Ch. Adm 19
Dentistry Examining Board:
(CR 98-77) - Chs. DE 1, 2 and 6
Health and Family Services:
(CR 98-155) - Ch. HFS 163
Health and Family Services:
(CR 98-160) - S. HFS 94.24
Natural Resources:
(CR 98-55) - Ch. NR 16, Subch. 2
Natural Resources:
(CR 98-195) - S. NR 25.06 (2) (e) 2.
Regulation and Licensing:
(CR 98-173) - Chs. RL 140 to 142
Technical College System Board:
(CR 98-104) - Chs. TCS 6 to 9
Transportation:
(CR 98-143) - S. Trans 510.05
Transportation:
(CR 98-147) - S. Trans 305.27 (3) (a)
Transportation:
(CR 98-153) - Ch. Trans 300
Executive Orders.
Page 55.
Executive Order #365:
Relating to the Creation of the Governor's Blue Ribbon Task Force on Passenger Rail Service.
Executive Order #366:
Relating to Issuance of General Obligation Bonds for the Veterans Home Loan Program and Appointment of Hearing Officer.
Executive Order #367:
Relating to the Amendment of Executive Order No. 365.
Public Notice.
Pages 56 to 57.
Workforce Development:
Public notice relating to the revised Child Care Co-Payment Schedule authorized under s. DWD 56.08.
Notice of Nonacquiescence.
Page 58.
Revenue:
Tax Appeals Commission
Harry Macco v. Wisconsin Department of Revenue.
emer520
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 (2)
Agriculture, Trade & Consumer Protection
1.   Rules adopted amending ss. ATCP 81.50 (2), 81.51 (2), and 81.52 (2), relating to grade standards for colby and monterey (jack) cheese.
Finding of Emergency
The state of Wisconsin department of agriculture, trade and consumer protection (DATCP) finds that an emergency exists and that an emergency rule is necessary for economic reasons to protect the public welfare of the citizens of Wisconsin. The facts constituting the emergency are as follows:
(1) DATCP has adopted standards for grades of cheese manufactured and sold in Wisconsin under s. 97.177, Stats., and ch. ATCP 81, Wis. Adm. Code. Any cheese which carries a state grade mark must conform to the standards and characteristics of the labeled grade.
(2) Under current rules, colby and monterey (jack) cheese must contain numerous mechanical openings in order to be labeled or sold as Wisconsin certified premium grade AA or Wisconsin grade A (Wisconsin state brand).
(3) Changes in cheese manufacturing technology, packaging and equipment have made it extremely difficult for many processors and packagers to achieve the numerous mechanical openings or open body character required by these top two grade categories. A majority of today's wholesale buyers and packagers prefer a closed body cheese for a variety of reasons, including ease of shredding and the ability to package “exact-weight” pieces with minimal variation and waste.
(4) Currently, a closed body cheese may be labeled or sold as Wisconsin grade B or “not graded.” It cannot be labeled or sold as Wisconsin certified premium grade AA or Wisconsin grade A (Wisconsin state brand), nor can it command the premium price associated with these top two grade categories.
(5) Wisconsin is the only state with its own grade standards for colby and monterey (jack) cheese. The United States Department of Agriculture modified its grade standards for colby and monterey jack cheese in 1995 and 1996, respectively, in response to industry requests to allow an open or closed body. Buyers who cannot obtain the desired graded product in Wisconsin will likely switch to suppliers from other states. Once customers are lost they are difficult to regain.
(6) Wisconsin's dairy industry plays a major role in our state's economy. Approximately $3 billion or 90% of Wisconsin's milk production goes into the manufacture of cheese. Lost business revenues harm the dairy industry, cause increased unemployment, and have a negative impact on the state's economy.
(7) Pending the adoption of rules according to the normal administrative rulemaking procedures, it is necessary to adopt emergency rules under s. 227.24, Stats. to protect the public welfare based on an economic emergency for the state's dairy industry and the subsequent impact on the general economy and citizens of this state.
Publication Date:   August 8, 1998
Effective Date:   August 8, 1998
Expiration Date:   January 4, 1999
Hearing Date:   September 14, 1998
Extension Through:   May 3, 1999
2.   Rules were adopted creating ss. ATCP 10.68 and 11.58, relating to fish farms and imports of live fish.
Finding of Emergency
(1) This emergency rule implements s. 95.60, Stats., which was created by 1997 Wis. Act 27.
(2) Under s. 95.60, Stats., a person who operates a fish farm must register annually with the Wisconsin department of agriculture, trade and consumer protection (DATCP). A person who imports live fish or fish eggs into Wisconsin must meet fish health requirements and obtain an import permit from DATCP. DATCP must establish registration and import permit standards by rule.
(3) On December 9, 1998, the Board of Agriculture, Trade and Consumer Protection (DATCP Board) approved final draft “permanent” rules to implement s. 95.60, Stats. Among other things, the rules establish fish farm registration standards and fish import standards. Before DATCP may adopt these final draft “permanent” rules, it must submit them for legislative committee review under s. 227.19, Stats. DATCP must then adopt and file the rules under s. 227.20, Stats., and publish them under s. 227.21, Stats. As a result, the final draft “permanent” rules will not take effect for several months.
(4) Current fish farm registration certificates will expire on December 31, 1998, before the final draft “permanent” rules take effect. The department must adopt a temporary emergency rule so it can process registration renewals pending the effective date of the final draft “permanent” rules. This emergency rule adopts, on a temporary basis, registration provisions contained in the department's proposed final draft “permanent” rules.
(5) This emergency rule also adopts, on a temporary basis, rules to prevent imports of diseased live fish and fish eggs that threaten the health of fish in Wisconsin fish farms and the Wisconsin natural environment. These temporary import requirements are based on requirements previously administered by the Wisconsin department of natural resources (DNR). The final draft “permanent” rules, when adopted, will expand upon these interim requirements.
(6) This emergency rule is needed to protect the public peace, health safety and welfare. Without this rule, DATCP would not be able to process fish farm registrations for 1999, or issue permits for live fish imports. Without the protections afforded by this emergency rule, Wisconsin fish farms and wild fisheries would also be exposed to an unnecessary risk of disease.
Publication Date:   December 28, 1998
Effective Date:   December 28, 1998
Expiration Date:   May 27,1999
Hearing Date:   February 3, 1999
EMERGENCY RULES NOW IN EFFECT
Commerce
(Flammable & Combustible Liquids, Ch. Comm10)
Rules adopted revising ch. Comm 10, relating to regulation of flammable and combustible liquids.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that adoption of a rule is necessary for the immediate preservation of public health, safety, welfare and the environment.
The facts constituting the emergency are as follows. Under ss. 101.09, 101.142 and101.144, Stats., the Department protects public health, safety, welfare and the environment by promulgating rules for and administering the regulation of petroleum product storage tank systems and the storage and handling of flammable and combustible liquids. The purpose of the regulatory effort is to guarantee that storage tank systems and their contents are managed in a manner that is protective of life safety and the environment.
On December 22, 1998, a ten-year upgrade deadline comes to an end, and all tank systems falling under the United States Environmental Protection Agency's rules are required to have been upgraded to comply with new and environmentally protective construction standards. After the final compliance date, the Department and its contracted agents will conduct inspections to guarantee that tank systems which are not in compliance have been shut down in accordance with state and federal rules. In those instances where owners or operators have not complied with the upgrade or shutdown requirements, immediate action must be taken to either prevent the tank systems from continuing to be used or prevent the delivery of additional petroleum product to the systems.
The shut down of noncomplying tank systems is a core environmental and financial issue. The tank systems that are not in compliance pose a continuing high-risk threat to the environment, and delay in action will continue an unnecessary environmental hazard. Additionally, new releases from these non-upgraded tank systems will add to the financial burden of the PECFA program, which is significantly over-subscribed. The rule included with this order is in response to environmental issues associated with non-upgraded tank systems.
Publication Date:   December 11, 1998
Effective Date:   December 11, 1998
Expiration Date:   May 10, 1999
Hearing Date:   March 3, 1999
EMERGENCY RULES NOW IN EFFECT
Commerce
(Uniform Dwelling, Chs. Comm 20-25)
Rules adopted revising Chs. Comm 20,21,22 and 23, relating to energy efficiency in one- and 2-family dwellings.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that the adoption of a rule is necessary for the immediate preservation of public health, safety and welfare. The facts constituting the emergency are as follows:
The rule change that was to go into effect on February 1, 1999 consists of a complete rewrite of chapter Comm 22, which relates to energy efficiency in one- and 2-family dwellings, as well as miscellaneous changes to chapters Comm 20, 21 and 23. The department planned for a lead time of approximately 2 months between the time the code was made available and the code effective date. Because of difficulties in preparing and printing the code, the anticipated lead time could not be achieved. Several constituent groups, including builders, inspectors, and the Uniform Dwelling Code Council have asked for extra time to become familiar with the changes, once the complete code is made available. If this is not done, a great deal of confusion and economic hardship could result for builders, as well as homeowners. Enforcement of the new requirements could very greatly from one municipality to the next.
This emergency rule delays the effective date of the proposed changes to chs. Comm 20, 21, 22 and 23 from February 1, 1999 to May 1, 1999.
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