Register

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Wisconsin

Administrative

Register

No. 529

Publication Date: January 31, 2000

Effective Date: February 1, 2000

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

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Table_J31

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

Emergency Rules Now In Effect.	Pages 7 to 13.
Commerce:	PECFA Interagency Responsibilities, Ch. Comm 46 Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities.
Crime Victims Rights Board:	Rules relating to review of allegations of crime victims rights violations.
Employe Trust Funds:	Rules relating to the distribution to annuitants under 1999 Wis. Act 11.
Financial Institutions--Securities:	Rules relating to investment advisor competency examination grandfathering provisions.
Gaming Division:	Rules relating to the conduct of pari-mutuel snowmobile racing. Rules adopted repealing ch. Game 27, relating to snowmobile racing. [FIRST APPEARANCE]
Health & Family Services:	Management, etc., Chs. HFS 1-- Rule relating to caregiver background checks.
Health & Family Services:	Community Services, Chs. HFS 30- Rules relating to the adoption assistance program.
Health & Family Services:	Medical Assistance, Chs. HFS 100-108 Rules relating to operation of the BadgerCare health insurance program. Rules relating to discovery rights in contested case proceedings.
Health & Family Services:	Health, Chs. HFS 110- Rules relating to the Health Insurance Risk-Sharing Plan (HIRSP).
Higher Educational Aids Board:	Rules relating to the Minority Teacher Loan Program.
Natural Resources:	Environmental Protection-Investigation & Remediation, Chs. NR 700-- Rules relating to sites contaminated with petroleum products from petroleum storage tanks.
Public Instruction:	Rules adopted revising ch. PI 35, relating to the Milwaukee parental school choice program. [FIRST APPEARANCE]
Revenue:	Rules relating to assessment of agricultural property.
Transportation:	Rules relating to evaluating bids solicited for transit service in a competitive process.
Workforce Development:	Prevailing Wage Rates, Chs. DWD 290-294 Rule relating to the annual adjustment of the prevailing wage rate for public works projects.
Scope Statements.	Pages 14 to 19.
Employe Trust Funds:	ETF Code - Relating to clearly defining who is eligible for the provisions of WRS benefit legislation and the date on which the participant becomes eligible, based on the participant's status as a WRS participating employe.
Employe Trust Funds:	ETF Code - Relating to defining which formula factors would apply to other purchased service, creditable military service and other types of creditable service added to participants' WRS accounts that are not specifically addressed in 1999 Wis. Act 11.
Employe Trust Funds:	S. ETF 10.31 - Relating to clarifying when a WRS participant can elect variable participation and the effective date of a variable participation or cancellation.
Professional Geologists, Hydrologists and Soil Scientists Examining Board:	SS. GHSS 2.06, 3.06 and 4.06 - Relating to examination requirements.
Natural Resources (Fish, Game, etc., Chs. NR 1--):	S. NR 46.30 - Relating to annual adjustment of timber stumpage rates in s. NR 46.30, establishing deadlines for withdrawal and transfer form submission and rules on petition changes for the administration of the Forest Crop Law and the Managed Forest Law.
Natural Resources (Fish, Game, etc., Chs. NR 1--):	S. NR 46.30 - Relating to annual adjustment of the timber stumpage values in s. NR 46.30 for the administration of the Forest Crop and Managed Forest Laws.
Natural Resources (Environmental Protection--General, Chs. NR 100--):	Ch. NR 101 - Relating to making the discharge fee system for WPDES-permitted facilities conform to the new requirements specified in s. 299.15 (3), Stats.
Natural Resources (Environmental Protection--General, Chs. NR 100--) (Environmental Protection--Water Regulation, Chs. NR 300--):	S. NR 116.08 and ch. NR 333 - Relating to dam design and construction standards and specific change to s. NR 116.08, relating to zoning below dams.
Natural Resources (Environmental Protection--Air Pollution Control, Chs. NR 400--):	Ch. NR 415 - Relating to clarifying certain provisions of ch. NR 415, regarding particulate matter emissions.
Regulation and Licensing:	Chs. RL 30 to 35 and 135 - Relating to regulation of private detectives and private security people.
Regulation and Licensing:	Chs. RL 125 and 126 - Relating to auctioneers and auction companies.
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:	SFC Code - Relating to conforming existing rules to present practices and other rules.
Tourism:	Ch. Tour 1 - Relating to the joint effort marketing program.
Workforce Development (Worker's Compensation, Chs. DWD 80-82):	S. DWD 80.26 - Relating to loss of vision: determination.
Workforce Development (Worker's Compensation, Chs. DWD 80-82):	S. DWD 80.32 (11)- Relating to permanent disability to the back.
Workforce Development (Unemployment Compensation, Chs. DWD 100-150):	Chs. DWD 100 to 150 - Relating to technical corrections to the Unemployment Compensation Insurance Code.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 20 to 22.
Commerce:	Chs. Comm 2 and 5 - Relating to program revenue fees.
Employe Trust Funds:	S. ETF 20.25 (1) - Relating to revising the rule prorating annual annuity dividends for annuities effective during the preceding year, so as to exempt from proration the distribution to 1999 annuities of funds distributed from the Transaction Amortization Account to the annuity reserve under the non-statutory provisions of 1999 Wis. Act 11.
Health and Family Services:	Chs. HFS 82, et. al. - Relating to non-expiring licenses and certifications for adult family homes, community-based residential facilities (CBRFs), nursing homes, hospice programs, home health agencies and hospitals.
Health and Family Services:	Chs. HFS 106 and 108 - Relating to discovery rights in contested case hearings involving providers under the Medical Assistance (MA) program.
Insurance, Commissioner of:	S. Ins 3.09 - Relating to mortgage guarantee insurance.
Insurance, Commissioner of:	S. Ins 23.35 - Relating to adjusting minimum benefit requirements for prearranged funeral plans.
Natural Resources:	Chs. NR 108, 114, 809 and 811 - Relating to safe drinking water and waterworks operator certification.
Public Instruction:	S. PI 6.07 - Relating to public library system aid payment adjustments.
Public Instruction:	Ch. PI 35 - Relating to the Milwaukee parental school choice program.
Public Instruction:	Ch. PI 40 - Relating to the youth options program.
Revenue:	Ch. Tax 14 - Relating to homestead credit administrative provisions; qualification for credit; household income and income; property taxes accrued; gross rent and rent constituting property taxes accrued; and marriage, separation or divorce during a claim year.
Transportation:	Chs. Trans 4 and 8 - Relating to the State Public Transit Operating Assistance Program; use of fully-allocated costs in the competitive bid process; allocation of Federal Public Transit Assistance Program funds to urbanized areas under 200,000 population.
Notices of Hearings or of Proposed Rules.	Pages 23 to 36.
Commerce:	Fee Schedule, Ch. Comm 2 Credentials, Ch. Comm 5 Hearing to consider revision to chs. Comm 2 and 5, relating to program revenue fees. [Hearing date: 02/11/00]
Employe Trust Funds:	Hearing to consider BOTH the emergency rule and the proposed permanent rule revision to s. ETF 20.25, relating to the distribution to annuitants. [Hearing date: 02/11/00]
Financial Institutions:	Securities Hearing to consider amendment to s. DFI-Sec 5.01, relating to investment adviser representative competency examination. [Hearing date: 03/13/00]
Health and Family Services:	Community Services, Chs. HFS 30-- Hearings to consider revision of ch. HFS 50, relating to adoption of special needs children. [Hearing dates: 02/24/00 and 02/28/00]
Insurance, Commissioner of:	Hearing to consider a revision of s. Ins 3.09, relating to mortgage guarantee insurance. [Hearing date: 02/25/00] Hearing to consider a revision of s. Ins 23.35, relating to adjusting minimum benefit requirements for prearranged funeral plans. [Hearing date: 02/25/00] Hearing to consider a revision to chs. Ins 13 and 50, relating to town mutual insurance. [Hearing date: 02/25/00]
Law Enforcement Standards Board:	Hearing to consider revision to chs. LES 1 and 3, relating to standards for law enforcement vehicular pursuits and related training. [Hearing date: 02/23/00]
Natural Resources:	Environmental Protection--General, Chs. NR 100-- Environmental Protection--Water Supply, Chs. NR 800-- Hearings to consider revision to chs. NR 108, 114, 809 and 811, relating to safe drinking water and waterworks operator certification. [Hearing dates: 02/14/00, 02/15/00, 02/16/00, 02/17/00 and 02/18/00]
Revenue:	Proposed revision to ch. Tax 20, relating to the lottery and gaming property tax credit.
Transportation:	Hearing to consider revision to chs. Trans 4 and 8, relating to the State Public Transit Operating Assistance Program. [Hearing date: 02/14/00]
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 37.
Corrections:	(CR 97-14) - Ch. DOC 309
Natural Resources:	(CR 99-95) - S. NR 812.05
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 38.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board:	(CR 99-102) - Chs. A-E 1, 2, 8 and 10
Commerce:	(CR 99-64) - S. Comm 5.30 (4) and chs. Comm 41 and 42
Commerce:	(CR 99-80) - SS. Comm 82.10, 83.01 and 83.03
Commerce:	(CR 99-120) - Chs. Comm 51 to 55, 57 to 59 and 64 and ss. Comm 62.93 and 66.32
Insurance, Commissioner of:	(CR 98-183) - Chs. Ins 3 and 9 and ss. Ins 6.11 and 51.80
Rules Published in this Wis. Adm. Register.	Page 39.
Commerce:	(CR 99-89) - Ch. Comm 111
Corrections:	(CR 97-67) - Ch. DOC 309
Employment Relations Commission:	(CR 99-104) - Ch. ERC 33
Natural Resources:	(CR 97-136) - SS. NR 132.085 and 132.09
Natural Resources:	(CR 98-180) - SS. NR 200.03 and 206.03
Natural Resources:	(CR 98-196) - Chs. NR 105, 106, 211 and 215
Natural Resources:	(CR 99-25) - Ch. NR 169
Nursing Home Administrator Examining Board:	(CR 99-114) - SS. NHA 1.02, 4.01 and 4.03
Podiatrists Affiliated Credentialing Board:	(CR 98-38) - Chs. Pod 1 to 6
Sections Affected by Rule Revisions and Corrections.	Pages 40 to 41.
REVISIONS
Commerce (Financial Resources for Businesses and Communities,   Chs. Comm 105-128):	Ch. Comm 111
Corrections:	Ch. DOC 309
Employment Relations Commission:	Ch. ERC 33
Natural Resources (Environmental Protection--General,   Chs. NR 100--):	Chs. NR 105, 106, 132 and 169
Natural Resources (Environmental Protection--WPDES,   Chs. NR 200--):	Chs. NR 200, 206, 211 and 215
Nursing Home Administrator Examining Board:	Chs. NHA 1 and 4
Podiatrists Affiliated Credentialing Board:	Chs. Pod 1 to 6
EDITORIAL CORRECTIONS
Corrections:	Ch. DOC 309
Employment Relations Commission:	Chs. ERC 2, 6 and 13
Health and Family Services (Health, Chs. HFS 110--):	Ch. HFS 112
Natural Resources (Environmental Protection--General,   Chs. NR 100--):	Ch. NR 132
Natural Resources (Environmental Protection--WPDES,   Chs. NR 200--):	Ch. NR 206
ERRATA
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Ch. NR 46
Final Regulatory Flexibility Analyses.	Pages 42 to 43.
1. Commerce:	(CR 99-89) - Ch. Comm 111
2. Corrections:	(CR 97-67) - Ch. DOC 309
3. Employment Relations Commission:	(CR 99-104) - Ch. ERC 33
4. Natural Resources:	(CR 97-136) - Ch. NR 132
5. Natural Resources:	(CR 98-180) - Chs. NR 200 and 206
6. Natural Resources:	(CR 98-196) - Chs. NR 105, 106, 211 and 215
7. Natural Resources:	(CR 99-25) - Ch. NR 169
8. Nursing Home Administrator Examining Board:	(CR 99-114) - Chs. NHA 1 and 4
9. Podiatrists Affiliated Credentialing Board:	(CR 99-38) - Chs. Pod 1 to 6
Executive Orders.	Page 44.
Executive Order No. 386:	Relating to the Proclamation of an Energy Emergency.
Executive Order No. 387:	Relating to the Creation of the Governor's Task Force on Racial Profiling.
Public Notices.	Pages 45 to 46.
Agriculture, Trade and Consumer Protection:	Public notice relating to notice of dollar amount adjustments for repair charges subject to mechanic's liens.
Workforce Development:	Public notice relating to the child care co-payment schedule for licensed and certified care.

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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

Commerce

(PECFA - Chs. Comm 46-47)

Rules adopted creating ch. Comm 46, relating to “Petroleum Environmental Cleanup Fund Interagency Responsibilities,” and relating to site contaminated with petroleum products from petroleum storage tanks.

Exemption From Finding of Emergency

On September 22, 1999, the Joint Committee for Review of Administrative Rules adopted a motion pursuant to s. 227.26 (2) (b), Stats., that directs the Departments Commerce and Natural Resources to promulgate as an emergency rule, no later than October 22, 1999, the policies and interpretations under which they intend to administer and implement the shared elements of the petroleum environmental cleanup fund program.

In administering the fund, the Departments had previously relied upon a Memorandum of Understanding for classifying contaminated sites and addressing other statements of policy that affect the two Departments. The rule that is being promulgated details the policies and interpretations under which the agencies intend to administer and guide the remedial decision making for sites with petroleum product contamination from petroleum product storage tank systems.

The rule defines “high priority site,” “medium priority site, ” and “low priority site,” and provides that the Department of Natural Resources has authority for high priority sites and that the Department of Commerce has authority for low and medium priority sites. The rule requires transfer of authority for sites with petroleum contamination in the groundwater below the enforcement standard in ch. NR 140 from the Department of Natural Resources to the Department of Commerce. The rule also establishes procedures for transferring sites from one agency to the other when information relevant to the site classification becomes available.

Publication Date:   October 20, 1999

Effective Date:   October 20, 1999

Expiration Date:   March 18, 2000

Hearing Date:   November 18, 1999

EMERGENCY RULES NOW IN EFFECT

Crime Victims Rights Board

Rules adopted creating ch. CVRB 1, relating to the rights of crime victims.

Finding of Emergency

The Crime Victims Rights Board finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:

The Crime Victims Rights Board was created by 1997 Wis. Act 181, effective December 1, 1998, to enforce victims' rights established by Wis. Const. Art. I, s. 9m, adopted in 1993. The Wisconsin Constitution states that the Legislature shall provide remedies for the violation of victims' constitutional rights. The Board's process represents the only means of enforcing the remedies available to victims of crime who are not provided with the rights guaranteed to them by the Wisconsin Constitution and the Wisconsin statutes. The Board can issue reprimands to correct violations of victims' rights, seek forfeitures in egregious cases, and seek equitable relief to enforce victims' rights. The Board can also work to prevent future violations of victims' rights by issuing reports and recommendations on crime victims' rights and services.