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No. 531
Publication Date: March 31, 2000
Effective Date: April 1, 2000
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
NewsRelease_O31
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T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 7 to 14.
Commerce:
PECFA, Chs. Comm 46 and 47
Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities.
Rules relating to appeals under the PECFA program.
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 relating to snowmobile racing.
See Revenue.
Health & Family Services:
Management, etc., Chs. HFS 1--
Rules relating to caregiver background checks.
Rules relating to family care.
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 discovery rights in contested case proceedings.
Natural Resources:
Environmental Protection-General, Chs. NR 100--
Rules relating to river protection grants.
Natural Resources:
Environmental Protection-Investigation & Remediation, Chs. NR 700--
Rules relating to sites contaminated with petroleum products from petroleum storage tanks.
Public Instruction:
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.
Rules adopted creating s. PI 6.07, relating to library system aid payment adjustments. [FIRST APPEARANCE]
Rules adopted revising ch. PI 32, relating to grants for alcohol and other drug abuse (AODA) programs. [FIRST APPEARANCE]
Revenue:
Rules relating to assessment of agricultural property.
Rules relating to retailer performance program of the Wisconsin Lottery.
Technical College System:
Rules relating to grants for students.
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 15 to 18.
Administration:
Adm Code - Relating to utility public benefits fees.
Administration:
Adm Code - Relating to grant application process and eligibility for low-income public benefits programs.
Agriculture, Trade and Consumer Protection:
Chs. ATCP 1 and 162 and various chapters - Relating to technical rule changes.
Commerce (Uniform Dwelling, Chs. Comm 20-25):
Chs. Comm 20 to 25 - Relating to inspection procedures in Uniform (1-2 Family) Dwelling Code.
Ethics Board:
Ch. Eth 4 - Relating to the identification of a topic of a lobbying communication.
Natural Resources (Investigation and Remediation, Chs. NR 700--):
Chs. NR 714, 716, 726 and 749 - Relating to revisions regarding sampling, public notices for performance standards, use of a GIS registry to replace groundwater use restrictions, and fees for using the registry.
Natural Resources (Investigation and Remediation, Chs. NR 700--):
Ch. NR 754 - Relating to new insurance requirements in the Voluntary Party Liability Exemption process.
Natural Resources (Investigation and Remediation, Chs. NR 700--):
Ch. NR 756 - Relating to new insurance requirements in the Voluntary Party Liability Exemption process.
Public Instruction:
S. PI 14.03 - Relating to minor modifications to align the rule with Generally Accepted Accounting Principles (GAAP) requirements and to update or eliminate obsolete references and terminology.
Public Service Commission:
Ch. PSC 163 - Relating to telecommunications utility price regulation, regarding the productivity offset factor [Docket 1-AC-193].
Transportation:
Ch. Trans 276 - Relating to adding one highway segment to the network of highways on which long combination vehicles may operate.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 19 to 22.
Agriculture, Trade and Consumer Protection:
Ch. ATCP 35 - Relating to the Agricultural Chemical Cleanup Program.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board:

SS. A-E 2.02, 4.05, 6.04 and 6.05 - Relating to registration seals, experience requirements for professional engineers, and educational requirements for land surveyors.
Health and Family Services:
Ch. HFS 10 - Relating to family care.
Health and Family Services:
Ch. HFS 12 - Relating to caregiver background checks.
Health and Family Services:
Ch. HFS 73 - Relating to Community Options Program (COP) & CIP: criteria for determining infeasibility of providing services in the home.
Nursing, Board of:
S. N 5.08 - Relating to renewal after 5 years.
Pharmacy Examining Board:
S. Phar 7.05 (3) - Relating to transfer of prescription orders.
Pharmacy Examining Board:
Phar Code - Relating to delivery of prescriptions.
Pharmacy Examining Board:
Phar Code - Relating to delegation of duties by a pharmacist.
Revenue:
Tax Code - Relating to updating the definition of “agricultural use”; to updating references to federal agricultural programs; and to providing that land enrolled in those programs is in “agricultural use”.
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:

SS. SFC 8.02 and 8.03 - Relating to continuing education programs.
Transportation:
Chs. Trans 101 to 104 - Relating to the demerit point system and graduated driver license restriction extensions.
Notices of Hearings or of Proposed Rules.
Pages 23 to 41.
Agriculture, Trade & Consumer Protection:
Hearing to consider revision to ch. ATCP 35, relating to the agricultural chemical cleanup program. [Hearing date: 04/11/00]
Agriculture, Trade & Consumer Protection:
Hearings to consider revision to ch. ATCP 75, relating to retail food establishments. [Hearing dates: 04/25/00, 04/27/00, 04/28/00, 05/02/00 and 05/05/00]
Architects, Landscape Architects, etc. Examining Board:
Hearing to consider revision to chs. A-E 2, 4 and 6, relating to experience and educational requirements and registration seals. [Hearing date: 04/12/00]
Health and Family Services:
Management, Policy, etc., Chs. HFS 1--
Hearing to consider revision to ch. HFS 12, relating to caregiver background checks. [Hearing date: 04/13/00]
Health and Family Services:
Health, Chs. HFS 110--
Hearings to consider revision to ch. HFS 196, relating to restaurants. [Hearing dates: 04/25/00, 04/27/00, 04/28/00, 05/02/00 and 05/05/00]
Nursing, Board of:
Hearing to consider revision to s. N 5.08, relating to renewal after 5 years. [Hearing date: 05/18/00]
Pharmacy Examining Board:
Hearing to consider revision to s. Phar 7.05, relating to transfer of prescription orders. [Hearing date: 04/11/00]
Revenue:
Proposed s. Tax 2.32, relating to defining gross receipts for recycling surcharge.
Revenue:
Hearing to consider revision of ss. Tax 18.05 and 18.08, relating to assessment of agricultural land. [Hearing date: 04/11/00]
Social Workers, Therapists and Counselors Examining Board:
Hearing to consider revision to ch. SFC 8, relating to continuing education programs for social workers. [Hearing date: 04/11/00]
Transportation:
Hearing to consider emergency rule amendment to ch. Trans 4, relating to establishing cost-efficiency standards for all urban transit systems participating in the State Urban Mass Transit Operating Assistance Program. [Hearing date: 04/12/00]
Transportation:
Hearings to consider revision to chs. Trans 101 to 104, relating to the demerit point system and graduated driver license restriction extensions. [Hearing dates: 04/12/00, 04/13/00 and 04/17/00]
Veterans Affairs:
Hearing to consider rules relating to the health care aid grant, personal loan and tribal grant programs. [Hearing date: 04/14/00]
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 42.
Crime Victims Rights Board:
(CR 99-153) - Ch. CVRB 1
Employe Trust Funds:
(CR 00-11) - S. ETF 20.25 (1)
Employe Trust Funds:
(CR 00-21) - SS. ETF 10.31 and 10.35
Employe Trust Funds:
(CR 00-22) - SS. ETF 10.01(1k) and 20.19
Financial Institutions-Securities:
(CR 00-17) - S. DFI-Sec 5.01 (4) (b) and (e)
Insurance, Commissioner of:
(CR 99-170) - S. Ins 6.57 (4)
Veterans Affairs:
(CR 99-160) - Ch. VA 4
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 43.
Public Service Commission:
(CR 99-19) - Ch. PSC 160
Revenue:
(CR 99-105) - S. Tax 11.67
Rules Published in this Wis. Adm. Register.
Page 44.
Agriculture, Trade and Consumer Protection:
(CR 99-87) - Ch. ATCP 34
Agriculture, Trade and Consumer Protection:
(CR 99-117) - Ch. ATCP 30
Agriculture, Trade and Consumer Protection:
(CR 99-133) - SS. ATCP 105.009 and 105.23
Chiropractic Examining Board:
(CR 99-148) - S. Chir 4.07
Commerce:
(CR 99-120) - Chs. Comm 51 to 55, 57 to 59 and 64
and ss. Comm 62.93 and 66.32
Health and Family Services:
(CR 99-56) - Ch. HFS 145
Health and Family Services:
(CR 99-106) - Chs. HFS 101 to 103 and 108
Higher Educational Aids Board:
(CR 99-132) - S. HEA 11.03
Medical Examining Board:
(CR 99-128) - SS. Med 1.06, 1.08, 2.02 and 2.04
Natural Resources:
(CR 98-161) - Ch. NR 5
Natural Resources:
(CR 99-45) - SS. NR 439.06, 439.07 and 484.04
Natural Resources:
(CR 99-67) - Chs. NR 460 and 466 and s. NR 484.04
Natural Resources:
(CR 99-108) - SS. NR 140.10 and 140.28
Pharmacy Examining Board:
(CR 98-76) - SS. Phar 1.01 and 1.02 and ch. Phar 15
Public Service Commission:
(CR 98-172) - Ch. PSC 117
Transportation:
(CR 99-144) - Ch. Trans 316
Veterinary Examining Board:
(CR 99-127) - SS. VE 2.01 and 3.03
Sections Affected by Rule Revisions and Corrections.
Pages 45 to 47.
REVISIONS
Agriculture, Trade and Consumer Protection:
Chs. ATCP 30, 34 and 105
Chiropractic Examining Board:
Ch. Chir 4
Commerce (Building and Heating, etc., Chs. Comm 50-64):
Chs. Comm 51, 52, 53, 54, 55, 57, 58, 62 and 64
Commerce (Uniform Multifamily Dwellings, Ch. Comm 66):
Ch. Comm 66
Health and Family Services (Medical Assistance, Chs. HFS 100--):
Chs. HFS 101, 102, 103 and 108
Health and Family Services (Health, Chs. HFS 110--):
Ch. HFS 145
Higher Educational Aids Board:
Ch. HEA 11
Medical Examining Board:
Chs. Med 1 and 2
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Ch. NR 5
Natural Resources (Environmental Protection--General, Chs. NR 100--):

Ch. NR 140
Natural Resources (Environmental Protection--Air Pollution Control, Chs. NR 400--):

Chs. NR 439, 466 and 484
Pharmacy Examining Board:
Chs. Phar 1 and 15
Public Service Commission:
Ch. PSC 117
Transportation:
Ch. Trans 316
Veterinary Examining Board:
Chs. VE 2 and 3
EDITORIAL CORRECTIONS
Commerce (Building and Heating, etc., Chs. Comm 50-64):
Chs. Comm 50, 52, 53, 57, 59, 61 and 62
Health and Family Services (Medical Assistance, Chs. HFS 100--):
Ch. HFS 101
Natural Resources (Environmental Protection--General, Chs. NR 100--):

Chs. NR 140, 141 and 142
Pharmacy Examining Board:
Ch. Phar 1
Final Regulatory Flexibility Analyses.
Pages 48 to 51.
1. Agriculture, Trade and Consumer Protection:
(CR 99-87) - Ch. ATCP 34
2. Agriculture, Trade and Consumer Protection:
(CR 99-117) - Ch. ATCP 30
3. Agriculture, Trade and Consumer Protection:
(CR 99-133) - SS. ATCP 105.009 and 105.23
4. Chiropractic Examining Board:
(CR 99-148) - S. Chir 4.07
5. Commerce:
(CR 99-120) - Chs. Comm 50 to 64 and s. Comm 66.32
6. Health and Family Services:
(CR 99-106) - Chs. HFS 101 to 103 and 108
7. Health and Family Services:
(CR 99-56) - Ch. HFS 145
8. Higher Educational Aids Board:
(CR 99-132) - S. HEA 11.03
9. Medical Examining Board:
(CR 99-128) - Chs. Med 1 and 2
10. Natural Resources:
(CR 98-161) - Ch. NR 5
11. Natural Resources:
(CR 99-108) - Ch. NR 140
12. Natural Resources:
(CR 99-45) - Ch. NR 439 and s. NR 484.04
13. Natural Resources:
(CR 99-67) - Chs. NR 460, 466 and 484
14. Pharmacy Examining Board:
(CR 98-76) - Chs. Phar 1 and 15
15. Public Service Commission:
(CR 98-172) - Ch. PSC 117
16. Transportation:
(CR 99-144) - Ch. Trans 316
17. Veterinary Examining Board:
(CR 99-127) - SS. VE 2.01 and 3.03
Sections Affected by Revisor's Corrections Not Published.
Page 52.
Administration:
Ch. Adm 15
Employment Relations:
Ch. ER 4
Health and Family Services (Community Services, Chs. HFS/HSS 30--):

Chs. HFS 40, 55 and 63 and HSS 56
Health and Family Services (Medical Assistance, Chs. HFS 100--):
Chs. HFS 105 and 107
Health and Family Services (Health, Chs. HFS 110--):
Chs. HFS 125, 127, 132, 136, 139, 140, 146, and 192
Transportation:
Ch. Trans 309
Workforce Development:
Ch. DWD 58
emerg531
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
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.
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