Wisconsin
Administrative
Register
No. 531
Publication Date: March 14, 2000
Effective Date: March 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, Chs. Comm 46 and 47
Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities.
Rules relating to appeals under the PECFA program.
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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.
See Revenue.
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Health & Family Services:
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Management, etc., Chs. HFS 1--
Rules relating to caregiver background checks.
Rules relating to family care.
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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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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-General, Chs. NR 100--
Rules relating to river protection grants.
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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 relating to alternative education grants.
Rules relating to supplemental aid for school districts with a large area.
Rules relating to state aid for achievement guarantied contracts and aid for debt service.
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Revenue:
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Rules relating to assessment of agricultural property.
Rules adopted revising ch. WGC 61, relating to retailer performance program of the Wisconsin Lottery. [FIRST APPEARANCE]
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Technical College System:
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Rules relating to grants for students.
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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 16.
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Arts Board:
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Chs. AB 1 and 2 - Relating to the arts challenge initiative grants.
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Investment Board:
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S. IB 2.04 - Relating to title holding companies.
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Law Enforcement Standards Board:
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S. LES 2.01 - Relating to an employment requirement of 60 college credits for law enforcement and tribal law enforcement officers.
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Law Enforcement Standards Board:
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S. LES 2.01 - Relating to amending rules to exempt part-time law enforcement or tribal law enforcement officers from compliance with the Law Enforcement Standards Board's 60 college credit employment requirement.
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Natural Resources:
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NR Code - Relating to policy on underground injection and primacy for Wisconsin's Underground Injection Control (UIC) program.
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Natural Resources (Fish, Game, etc., Chs. NR 1--):
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Ch. NR 25 - Relating to commercial fishing- outlying waters.
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Natural Resources (Environmental Protection--Air Pollution Control, Chs. NR 400--):
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Chs. NR 400, 410, 419 to 425, 428, 439 and 485 - Relating to nitrogen oxide (NOx) and volatile organic compound (VOC) emission reduction rules and plan components to address a comprehensive and federally-enforceable State Implementation Plan (SIP) to ensure one-hour ozone attainment in Wisconsin.
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Public Service Commission:
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PSC Code - Relating to requirements for the use of renewable resource credits, which may be sold by electric providers that produce more renewable energy than the minimum percentages specified by s. 196.378 (2), Stats.
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Revenue:
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Chs. WGC 61, 62 and 63 - Relating to the Wisconsin Lottery and to the Retailer Performance Program of the Wisconsin Lottery.
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Transportation:
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Ch. Trans 131 - Relating to governing operation of the Vehicle Emission Inspection Program.
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Transportation:
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Ch. Trans 233 - Relating to land divisions abutting state trunk highways and connecting streets.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 17 to 19.
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Administration:
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Ch. Adm 12 - Relating to ensuring that the quality of public records in electronic format is maintained and that public records in electronic format remain accessible for their designated retention period.
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Employe Trust Funds:
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Ch. ETF 50 - Relating to determining whether a person is a participating employe as used in the eligibility criteria for a Wisconsin Retirement System (WRS) disability or Long Term Disability Insurance (LTDI) benefit and clarifying the earned income credit test used to determine whether a terminated employe had intervening employment after the employe last worked for a covered WRS employer.
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Financial Institutions--Banking:
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Ch. DFI-Bkg 4 - Relating to allowing state-chartered banks to control or hold an interest in financial subsidiaries that would engage in activities that are financial in nature or incidental to a financial activity.
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Financial Institutions--Savings Banks:
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Ch. DFI-SB 19 - Relating to allowing state-chartered savings banks to control or hold an interest in financial subsidiaries that would engage in activities that are financial in nature or incidental to a financial activity.
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Financial Institutions--Savings and Loans:
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Ch. DFI-SL 21 - Relating to allowing state-chartered savings and loans to control or hold an interest in financial subsidiaries that would engage in activities that are financial in nature or incidental to a financial activity.
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Veterans Affairs:
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SS. VA 2.01 and 12.02 and ch. VA 15 - Relating to the health care aid grant program, the personal loan program, and to grants to federally-recognized American Indian tribes and bands.
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Workforce Development:
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Chs. DWD 270 and 272 - Relating to student work-like activities that do not constitute employment.
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Notices of Hearings or of Proposed Rules.
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Pages 20 to 45.
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Agriculture, Trade & Consumer Protection:
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Hearings to consider revision to ch. ATCP 50, relating to the soil and water resource management program. [Hearing dates: 03/14/00, 03/15/00, 03/16/00, 03/21/00, 03/22/00, 03/23/00, 03/28/00, 03/29/00, 03/30/00 and 04/05/00]
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Barbering and Cosmetology Examining Board:
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Hearing to consider revision to ch. BC 5, relating to theory hours conducted by the school outside of the classroom. [Hearing date: 04/03/00]
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Commerce:
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PECFA, Chs. Comm 46 and 47
Hearing to consider emergency rule revision to ch. Comm 47, relating to the Petroleum Environmental Cleanup Fund (PECFA). [Hearing date: 03/27/00]
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Employe Trust Funds:
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Hearing to consider revision to ch. ETF 50, relating to eligible disability applicants. [Hearing date: 04/04/00]
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Financial Institutions--Banking:
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Hearing to consider ch. DFI-Bkg 4, relating to financial subsidiaries. [Hearing date: 03/27/00]
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Financial Institutions--Savings Banks:
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Hearing to consider ch. DFI-SB 19, relating to financial subsidiaries. [Hearing date: 03/27/00]
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Financial Institutions--Savings and Loans:
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Hearing to consider ch. DFI-SL 21, relating to financial subsidiaries. [Hearing date: 03/27/00]
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Regulation and Licensing:
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Hearing to consider an amendment to s. RL 62.11, relating to holding classes outside the classroom for manicurists, aestheticians or electrologists. [Hearing date: 04/03/00]
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Revenue:
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Proposed revision to ch. Tax 14, relating to homestead tax credit program.
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Workforce Development:
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Labor Standards, Chs. DWD 270-279
Hearing to consider ss. DWD 270.085 and 272.085, relating to student worklike activities that do not constitute employment. [Hearing date: 03/30/00]
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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 46.
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Employe Trust Funds:
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Natural Resources:
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( CR 99-22) - S. NR 150.03 and ch. NR 170
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Natural Resources:
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Public Service Commission:
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 47.
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Agriculture, Trade and Consumer Protection:
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Physical Therapists Affiliated Credentialing Board:
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( CR 99-66) - SS. PT 1.02, 2.01, 3.01, 4.01 and ch. PT 5
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Public Instruction:
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Revenue:
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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 (2)
Commerce
(PECFA - Chs. Comm 46-47)
1. 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
Extension Through:
May 16, 2000
2. Rules adopted amending s. Comm 47.53, relating to appeals of decisions issued under the Petroleum Environmental Cleanup Act (PECFA) program.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
The department is receiving funds from a bonding initiative to enable it to issue approximately 3,500 decisions on applications for PECFA funding which had been awaiting the availability of funding. Because these decisions will be issued over a very short time frame, parties receiving decisions and law firms representing them, will be required to review and analyze a large volume of decisions to determine whether they wish to appeal specific departmental decisions. Given the large number of decisions and the normal rate of appeals, it is reasonable to expect that the public will be required to prepare and file a large volume of appeals within a short time period. Attorneys, lenders and consultants representing multiple claimants have expressed concern about the workload associated with having to review decisions and draft appeals on the higher volume of decisions issued by the department within the current 30 day window. The emergency rule temporarily expands the filing period from 30 days to 90 days to provide additional time to evaluate decisions and determine whether an appeal should be filed. The rule covers the time period when the highest volume of decisions are to be issued.
Publication Date:
February 15, 2000
Effective Date:
February 15, 2000
Expiration Date:
July 14, 2000
Hearing Date:
March, 27, 2000
[See Notice this Register]
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
