Wisconsin
Administrative
Register
No. 530
Publication Date: February 14, 2000
Effective Date: February 15, 2000
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
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 12.
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Commerce:
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PECFA Interagency Responsibilities, Ch. Comm 46
Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities.
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Crime Victims Rights Board:
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Rules relating to review of allegations of crime victims rights violations.
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Employe Trust Funds:
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Rules relating to the distribution to annuitants under 1999 Wis. Act 11.
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Financial Institutions--Securities:
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Rules relating to investment advisor competency examination grandfathering provisions.
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Gaming Division:
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Rules relating to the conduct of pari-mutuel snowmobile racing.
Rules relating to snowmobile racing.
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Health & Family Services:
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Management, etc., Chs. HFS 1--
Rule relating to caregiver background checks.
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Health & Family Services:
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Community Services, Chs. HFS 30-
Rules relating to the adoption assistance program.
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Health & Family Services:
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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.
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Health & Family Services:
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Health, Chs. HFS 110-
Rules relating to the Health Insurance Risk-Sharing Plan (HIRSP).
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Higher Educational Aids Board:
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Rules relating to the Minority Teacher Loan Program.
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Natural Resources:
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Environmental Protection-Investigation & Remediation, Chs. NR 700--
Rules relating to sites contaminated with petroleum products from petroleum storage tanks.
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Public Instruction:
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Rules relating to the Milwaukee parental school choice program.
Rules adopted creating ch. PI 44, relating to alternative education grants. [FIRST APPEARANCE]
Rules adopted creating ch. PI 10, relating to supplemental aid for school districts with a large area. [FIRST APPEARANCE]
Rules adopted creating ch. PI 24, relating to state aid for achievement guarantied contracts and aid for debt service. [FIRST APPEARANCE]
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Revenue:
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Rules relating to assessment of agricultural property.
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Technical College System:
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Rules adopted creating ch. TCS 16, relating to grants for students. [FIRST APPEARANCE]
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Transportation:
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Rules relating to evaluating bids solicited for transit service in a competitive process.
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Workforce Development:
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Prevailing Wage Rates, Chs. DWD 290-294
Rule relating to the annual adjustment of the prevailing wage rate for public works projects.
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Scope Statements.
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Pages 13 to 18.
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Administration:
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Adm Code - Relating to Comprehensive Planning Grants and Transportation Planning Grants to local governmental units (Smart Growth).
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Employe Trust Funds:
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ETF Code - Relating to the requirements that employers reporting more than 250 employes on the annual earnings and service detail must report using an electronic reporting format.
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Financial Institutions ( Banking):
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DFI-Bkg Code - Relating to authorizing of state-chartered banks to control or hold an interest in financial subsidiaries.
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Financial Institutions (Savings Institutions):
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DFI-SB Code - Relating to authorizing of state-chartered savings banks to control or hold an interest in financial subsidiaries.
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Financial Institutions (Savings Bank):
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DFI-SL Code - Relating to authorizing of state-chartered savings and loans to control or hold an interest in financial subsidiaries.
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Medical Examining Board:
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Med Code - Relating to the exception to the 7 year rule regarding the completion of the USMLE Examination (United States Medical Licensing Examination).
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Natural Resources (Fish, Game, etc., Chs. NR 1-):
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NR Code - Relating to student fees for hunter, snowmobile and ATV education classes.
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Natural Resources (Fish, Game, etc., Chs. NR 1-):
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Chs. NR 50 & 51 - Relating to grant rules for the new Knowles-Nelson Stewardship 2000 program and to using the emergency rule-making process so that grants may be awarded as soon to July 1 as possible.
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Natural Resources (Environmental Protection-General,
Chs. NR 100-):
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Ch. NR 168 - Relating to establishing the Brownfields Site Assessment grant program as directed by the 1999-2001 state budget.
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Regulation & Licensing:
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RL Code - Relating to temporary registrations and to services that may be performed after disciplinary action has been ordered.
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Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:
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SFC Code - Relating to providing definitions of “clinical social work concentrations” and “supervised clinical field training.”
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Technical College System Board:
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TCS Code - Relating to grants to students.
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Transportation:
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Chs. Trans 325, 326 and 328 - Relating to motor carrier safety and hazardous material transportation safety.
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Transportation:
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Ch. Trans 327 - Relating to intrastate motor carrier safety regulations.
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Workforce Development (Economic Support, Chs. DWD 11-59):
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Chs. HSS 205, 206, 207, 225, and 244 - Relating to AFDC monthly reporting, JOBS training program, work not welfare demonstration project, fair hearings, and confidential records.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 19 to 20.
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Barbering and Cosmetology Examining Board:
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BC Code - Relating to theory hours conducted by the school outside of the classroom.
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Employe Trust Funds:
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ETF Code - Relating to the participation in the Wisconsin Retirement System (WRS) variable trust fund.
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Employe Trust Funds:
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ETF Code - Relating to the Department of Employe Trust Funds' interpretation of what Wisconsin Retirement System (WRS) credible service is considered to be performed before January 1, 2000 vs. considered to be performed on or after that date.
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Health & Family Services:
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Ch. HFS 56 - Relating to updating the Department's rules for licensing foster homes for children.
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Public Instruction:
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Ch. PI 10 - Relating to supplemental aid for school districts with a large area.
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Public Instruction:
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Ch. PI 24 - Relating to state aid for achievement guarantee contracts and aid for debt service.
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Public Instruction:
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Ch. PI 32 - Relating to alcohol and other drug abuse (AODA) programs.
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Regulation & Licensing:
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RL Code - Relating to holding classes outside of the classroom.
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Revenue:
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S. Tax 2.32 - Relating to defining “gross receipts” for the recycling surcharge.
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Notices of Hearings or of Proposed Rules.
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Pages 21 to 35.
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Agriculture, Trade & Consumer Protection:
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Hearings to consider revision to chs. ATCP 10 to 12, relating to animal health, livestock dealers and truckers. [Hearing dates: 03/07/00, 03/08/00 and 03/09/00]
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Crime Victims Rights Board:
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Hearing to consider ch. CVRB 1, relating to the rights of crime victims. [Hearing date: 02/25/00]
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Employe Trust Funds:
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Hearing to consider ss. ETF 10.01 (1k) and 20.19, relating to an interpretation of “creditable service” for purposes of 1999 Wis. Act. 11. [Hearing date: 02/29/00]
Hearing to consider ss. ETF 10.31 and 10.35, relating to participation as the variable trust fund. [Hearing date: 02/29/00]
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Health & Family Services:
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Medical Assistance, Chs. HFS 101-108
Hearing to consider revision to chs. HFS 106 & 108, relating to discover rights in contested cases involving providers. [Hearing date: 03/08/00]
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Public Instruction:
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Hearings to consider emergency rules and permanent rules creating ch. PI 44, relating to alternative education grants. [Hearing dates: 03/09/00, 03/14/00 and 03/15/00]
Hearing to consider emergency rule and permanent rules relating to public library system aid payment adjustments. [Hearing date: 04/04/00]
Hearing to consider emergency rules and permanent rules, relating to alcohol and other drug abuse programs. [Hearing dates: 03/06/00 and 03/08/00]
Hearing to consider emergency and permanent rules relating to state aid for achievement guarantee (SAGE) contracts and debt service. [Hearing date: 03/15/00]
Hearing to consider emergency and permanent rules relating to supplemental and for school districts within a large area. [Hearing date: 03/15/00]
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Workforce Development:
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Prevailing Wage Rates, Chs. DWD 290-294
Hearing to consider amendment to s. DWD 290.155, relating to annual adjustments for application of prevailing wage rates. [Hearing date: 02/28/00]
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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 36.
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Controlled Substances Board:
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 37.
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Health & Family Services:
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Medical Examining Board:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:
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Veterinary Examining Board:
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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.
Complaints must be presented to the Department of Justice before they can be presented to the Board. The Department estimates that it receives 200 complaints annually involving the treatment of crime victims. The Department has no authority to enforce victims' rights; the Department can only seek to mediate disputes. Of those complaints, approximately 25 per year cannot be resolved to the parties' satisfaction, and are therefore ripe for the Board's consideration. There are presently 5 complaints that could be referred to the Board if the Board were able to receive and act on complaints.
Until the Board establishes its complaint process by administrative rule, it is unable to provide the remedies constitutionally guaranteed to crime victims.
Publication Date:
September 17, 1999
Effective Date:
September 17, 1999
Expiration Date:
February 14, 1999
Hearing Date:
November 9, 1999
Extension Through:
April 13, 2000
EMERGENCY RULES NOW IN EFFECT
Employe Trust Funds
Rules adopted revising s. ETF 20.25 (1), relating to the distribution to annuitants from the transaction amortization account to the annuity reserve under 1999 Wis. Act 11.
Finding of Emergency
The Department of Employe Trust Funds, Employe Trust Fund Board, Teacher Retirement Board and Wisconsin Retirement Board find that an emergency exists and that administrative rules are necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
The Public Employe Trust Fund was created for the purpose of helping public employes to protect themselves and their beneficiaries against the financial hardships of old age, disability, death, illness and accident. The Trust Fund thus promotes economy and efficiency in public service by facilitating the attraction and retention of competent employes, by enhancing employe morale, by providing for the orderly and humane departure from service of employes no longer able to perform their duties effectively, and by establishing equitable benefit standards throughout public employment. There are approximately 102,000 annuitants of the Wisconsin Retirement System, of whom about 80% reside throughout the State of Wisconsin. The Department of Employe Trust Funds estimates that up to 7,000 public employes covered by the Wisconsin Retirement System will retire and take annuity benefits effective during 1999.
WRS participants who retire during 1999 are not eligible to have their retirement benefits calculated using the higher formula factors for pre-2000 service which are provided by the treatment of Wis. Stats. 40.23 (2m) (e) 1. through 4. by 1999 Wis. Act 11. Section 27 (b) 2. of the Act directs that any funds allocated to the employer reserve in the Trust Fund as a result of the $4 billion transfer mandated by the Act, which exceed $200,000,000 shall be applied towards funding any liabilities created by using the higher formula factors with respect to pre-2000 service.
If the existing administrative rule mandating proration is not revised, then the distribution of the funds transferred into the annuity reserve by Act s. 27 (1) (a) of 1999 Wis. Act 11 will be prorated with respect to annuities with effective dates after December 31, 1998, and before January 1, 2000. The extraordinary transfer of funds from the Transaction Amortization Account (TAA) mandated by 1999 Wis. 11 causes funds, which would otherwise have remained in the TAA to be recognized and fund annuity dividends in later years, to instead be transferred into the annuity reserve in 1999 and paid out as an annuity dividend effective April 1, 2000. Normally, annuities effective during 1999 would receive only a prorated dividend. If this occurred with respect to this extraordinary distribution, then annuitants with annuity effective dates in 1999 would be deprived of a portion of the earnings of the Public Employe Trust Fund that would otherwise have affected their annuities as of April 1, 2001 and in subsequent years.
Promulgation of an emergency rule is the only available option for revising the effect of Wis. Adm. Code s. ETF 20.25 (1) before December 31, 1999. Accordingly, the Department of Employe Trust Funds, Employe Trust Funds Board, Teacher Retirement Board and Wisconsin Retirement Board conclude that preservation of the public welfare requires placing this administrative rule into effect before the time it could be effective if the Department and Boards were to comply with the scope statement, notice, hearing, legislative review and publication requirements of the statutes.
Publication Date:
December 27, 1999
Effective Date:
December 31, 1999
Expiration Date:
May 29, 2000
Hearing Date:
February 11, 2000
EMERGENCY RULES NOW IN EFFECT
Department of Financial Institutions
Division of Securities
Rules adopted revising s. DFI-Sec 5.01 (4), relating to investment adviser representative competency examination grandfathering provisions.
Finding of Emergency and Analysis
The Division of Securities of the Department of Financial Institutions for the State of Wisconsin 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 follows:
The Division recently adopted for January 1, 2000 effectiveness as part of its annual rule revision process for 1999, a new administrative rule in s. DFI-Sec 5.01(3) that prescribes a new examination requirement for investment advisers and investment adviser representatives seeking licensure in Wisconsin on or after January 1, 2000. That new examination requirement, which includes completely revised Series 65 and Series 66 examinations, was developed over a 3-year period by a Project Group of the North American Securities Administrators Association (“NASAA”).
The new NASAA examination requirement (which also included certain “grandfathering”/examination-waiver provisions) was approved by vote of NASAA member states (including Wisconsin) at the NASAA 1999 Spring Conference to become effective on December 31, 1999. The NASAA membership vote was accompanied by a recommendation that for uniformity purposes, each NASAA member state complete the necessary steps to adopt and have effective by January 1, 2000, the new examination requirement conforming to the NASAA format in all respects.
Following the adoption on November 18, 1999 by the Division of the new investment adviser examination requirement in s. DFI-Sec 5.01(3) as part of the Division's annual rule revision process, it was noted that the “grandfathering”/examination waiver provisions that had been included in s. DFI-Sec 5.01(4) did not track the NASAA Model language in two respects.
Because it is critical that the grandfathering provisions for the new Wisconsin investment adviser examination requirement be uniform with those of the other NASAA member states as of the coordinated January 1, 2000 date so that applicants for licensing in Wisconsin receive equivalent treatment to that accorded them by other states in which they may be seeking licensure, this emergency rulemaking for January 1, 2000 effectiveness is necessary.
The emergency rulemaking action is comprised of two provisions which do the following: (1) provide an examination waiver in new section DFI-Sec 5.01(4)(e) for any applicant licensed as an investment adviser or investment adviser representative in any jurisdiction in the U.S. on January 1, 2000; and (2) provide an examination waiver in amended section DFI-Sec 5.01(4)(b) for any applicant that has been licensed as an investment adviser or investment adviser representative in any jurisdiction in the U.S. within two years prior to the date the application is filed.
Publication Date:
December 28, 1999
Effective Date:
January 1, 2000
