No. 533
Publication Date: May 31, 2000
Effective Date: June 1, 2000
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
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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.
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 the medicaid purchase plan.
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 relating to library system aid payment adjustments.
Rules relating to grants for alcohol and other drug abuse (AODA) programs.
Revenue:
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.
Rule relating to cost-efficiency standards for systems participating in the Urban Mass Transit Operating Assistance Program.
Workforce Development:
Economic Support, Chs. DWD 11-59
Rule relating to W-2 Program disregard of 2000 census income.
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 16.
Financial Institutions (Division of Securities):
DFI-Sec Code - Relating to the Wisconsin Uniform Securities Law.
Natural Resources:
NR Code - Relating to wetland compensatory mitigation.
Public Service Commission:
Ch. PSC 132 - Relating to those cases where the utility and the railroad cannot agree to the compensation to be paid and conditions to be met by a public utility for the construction and maintenance of facilities within a railroad right-of-way [Docket 1-AC-195].
Regulation and Licensing:
RL Code - Relating to:
  1) Recommendations of the Association of
Boxing Commissions; and
  2) Uniformity between requirements of
member states.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 17 to 20.
Commerce (Elevators, Ch. Comm 18):
Ch. Comm 18 - Relating to inspection of elevators and other mechanical lifting devices.
Health & Family Services (Health, Chs. HFS 110--):
Ch. HFS 110 - Relating to licensing of Ambulance Service Providers and Emergency Medical Technicians-Basic.
Health & Family Services (Health, Chs. HFS 110--):
Ch. HFS 112 - Relating to licensing of Emergency Medical Technicians-Paramedic and approval of Emergency Medical Technician-Paramedic Operational Plans.
Health & Family Services (Health, Chs. HFS 110--):
Ch. HFS 120 - Relating to health care information.
Natural Resources (Fish, Game, etc., Chs. NR 1--):
S. NR 19.40 - Relating to DNR authority to rescind local hunting, fishing or trapping ordinances.
Natural Resources (Environmental Protection--General, Chs. NR 100--):

Ch. NR 101 - Relating to reports and fees for wastewater discharges.
Natural Resources (Environmental Protection--General, Chs. NR 100--):

Chs. NR 161, 162 and 163 - Relating to the clean water fund program.
Natural Resources (Environmental Protection--General, Chs. NR 100--):

Ch. NR 168 - Relating to the brownfield site assessment grant program.
Natural Resources (Environmental Protection--Air Pollution Control, Chs. NR 400--):

Chs. NR 400, 410, 423, 428, 439 and 485 - Relating to one-hour ozone air quality standard attainment plan.
Natural Resources (Environmental Protection--Investigation and Remediation, Chs. NR 700--):

Chs. NR 700, 716, 720, 722 and 726 - Relating to assessment of sites contaminated with petroleum products from petroleum storage tanks.
Transportation:
Ch. Trans 134 - Relating to license plates for authorized special groups.
Notices of Hearings or of Proposed Rules.
Pages 21 to 40.
Administration:
Hearing to consider ch. Adm 43, relating to non-municipal electric utility public benefit fees. [Hearing date: 06/16/00]
Administration:
Hearing to consider ch. Adm 44, relating to energy conservation and efficiency and renewable resources programs. [Hearing date: 06/16/00]
Administration:
Hearing to consider ch. Adm 45, relating to low income assistance public benefits. [Hearing date: 06/16/00]
Commerce:
Elevators, Ch. Comm 18
Hearing to consider revision of ch. Comm 18, relating to the inspection and issuance of permits to operate elevators. [Hearing date: 06/27/00]
Commerce:
PECFA, Chs. Comm 46 and 47
See notice under Natural Resources (Environmental Protection--Investigation and Remediation).
Health and Family Services:
Community Services, Chs. HFS 30--
Hearing to consider revision of ch. HFS 73, relating to eliminating the 25% on spending long-term support funds in community-based residential facilities (CBRFs) and establishing the criteria for determining infeasibility of in-home services as a condition for the use of program funds to pay for CBRF residents. [Hearing date: 06/27/00]
Health and Family Services:
Medical Assistance, Chs. HFS 100--
Hearings to consider rule revision to chs. HFS 101 to 103 and 108, relating to the operation of the Medicaid Purchase Plan. [Hearing dates: 06/15/00, 06/16/00, 06/19/00 and 06/20/00]
Health and Family Services:
Health, Chs. HFS 110--
Hearings to consider revisions to chs. HFS 110 and 112, relating to the licensing of ambulance service providers, EMTs-basic and EMTs-paramedic. [Hearing dates: 06/22/00, 06/23/00, 06/27/00, 06/28/00 and 06/29/00]
Health and Family Services:
Health, Chs. HFS 110--
Hearings to consider revision to ch. HFS 120, relating to health care information. [Hearing dates: 06/16/00, 06/19/00, 06/22/00 and 06/23/00]
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearing to consider revision to ch. NR 10, relating to deer hunting in certain deer hunting units. [Hearing date: 06/12/00]
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearings to consider s. NR 19.40, relating to the DNR's authority to void local hunting, fishing and trapping ordinances. [Hearing dates: 06/19/00, 06/26/00 and 06/27/00]
Natural Resources:
Environmental Protection--General, Chs. NR 100--
Hearing to consider revision to ss. NR 101.03 and 101.13, relating to the wastewater fee program. [Hearing date: 06/13/00]
Natural Resources:
Environmental Protection--General, Chs. NR 100--
Hearings to consider revision to chs. NR 161 to 163, relating to the clean water fund financial assistance program. [Hearing dates: 06/19/00, 06/21/00 and 06/22/00]
Natural Resources:
Environmental Protection--General, Chs. NR 100--
Hearings to consider revision to ch. NR 168, relating to the brownfield site assessment grant program. [Hearing dates: 06/12/00, 06/13/00 and 06/15/00]
Natural Resources:
Environmental Protection--Air Pollution Control, Chs. NR 400--
Hearings to consider revision to chs. NR 400, 410, 423, 428, 439 and 485, relating an one-hour ozone air quality standard attainment plan. [Hearing dates: 06/14/00, 06/16/00, 06/27/00, 06/28/00 and 06/29/00]
Natural Resources:
Environmental Protection--Investigation and Remediation, Chs. NR 700--
Hearings to consider revision to chs. NR 700, 716, 720, 722 and 726 and creation of chs. Comm 46 and NR 746, relating to sites contaminated with petroleum products from petroleum storage tanks. [Hearing dates: 06/15/00, 07/12/00 and 07/15/00]
Pharmacy Examining Board:
Hearing to consider amendment to s. Phar 7.01 (1) (e), relating to delivery of prescriptions. [Hearing date: 06/14/00]
Pharmacy Examining Board:
Hearing to consider s. Phar 7.015, relating to delegation of duties by a pharmacist. [Hearing date: 06/14/00]
Public Instruction:
Hearing to consider revision to ch. PI 14, relating to school district audits. [Hearing date: 06/15/00]
Transportation:
Proposed revision of s. Trans 134.06, relating to license plates for authorized special groups.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 41.
Health & Family Services:
(CR 99-161) - Ch. HFS 50
Insurance, Commissioner of:
(CR 00-61) - SS. Ins 17.01 and 17.28
Natural Resources:
(CR 00-32) - SS. NR 10.12, 10.145, 10.27, 10.40
and 15.13
Revenue:
(CR 00-23) - S. Tax 2.32
Revenue:
(CR 00-53) - SS. Tax 18.05 and 18.08
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 42.
Chiropractic Examining Board:
(CR 98-190) - S. Chir 6.03
Insurance, Commissioner of:
(CR 99-170) - S. Ins 6.57 (4)
Tourism, Dept. of:
(CR 00-37) - S. Tour 1.03 (3) (a)
Rules Published in this Wis. Adm. Register.
Page 43.
Administration:
(CR 99-154) - Ch. Adm 47
Agriculture, Trade and Consumer Protection:
(CR 99-5) - Chs. ATCP 29 and 40
Financial Institutions--Credit Unions:
(CR 99-145) - Ch. DFI-CU 52
Financial Institutions--Credit Unions:
(CR 99-146) - Ch. DFI-CU 64
Financial Institutions--Securities:
(CR 00-17) - S. DFI-Sec 5.01 (4) (b) and (e)
Health and Family Services:
(CR 99-55) - Ch. HFS 181
Kickapoo Reserve Management Board:
(CR 99-124) - Ch. KB 1
Natural Resources:
(CR 99-22) - S. NR 150.03 (8) (a) 1. and ch. NR 170
Natural Resources:
(CR 99-43) - SS. NR 10.02, 19.26 and 19.27
Natural Resources:
(CR 99-95) - S. NR 812.05
Natural Resources:
(CR 99-155) - SS. NR 10.01, 10.27 and 10.28
Psychology Examining Board:
(CR 99-149) - SS. Psy 2.08 and 3.10
Public Instruction:
(CR 98-139) - SS. PI 11.02, 11.07 and 11.14
Public Instruction:
(CR 99-73) - SS. PI 19.03, 19.05 and 19.06
Public Instruction:
(CR 99-103) - Ch. PI 17
Public Instruction:
(CR 99-118) - S. PI 11.24
Public Instruction:
(CR 99-129) - S. PI 6.03
Public Instruction:
(CR 99-130) - Ch. PI 37
Transportation:
(CR 99-152) - Ch. Trans 320
Veterans Affairs:
(CR 99-160) - Ch. VA 4
Sections Affected by Rule Revisions and Corrections.
Pages 44 to 45.
REVISIONS
Administration:
Ch. Adm 47
Agriculture, Trade and Consumer Protection:
Chs. ATCP 29 and 40
Financial Institutions--Credit Unions:
Chs. DFI-CU 52 and 64
Financial Institutions--Securities:
Ch. DFI-Sec 5
Health and Family Services:
Ch. HFS 181
Kickapoo Reserve Management Board:
Ch. KB 1
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Chs. NR 10 and 19
Natural Resources (Environmental Protection--General, Chs. NR 100--):

Chs. NR 150 and 170
Natural Resources (Environmental Protection--Water Supply, Chs. NR 800--):

Ch. NR 812
Psychology Examining Board:
Chs. Psy 2 and 3
Public Instruction:
Chs. PI 6, 11, 17, 19 and 37
Transportation:
Ch. Trans 320
Veterans Affairs:
Ch. VA 4
EDITORIAL CORRECTIONS
Natural Resources (Environmental Protection--General, Chs. NR 100--):

Chs. NR 128 and 150
Natural Resources (Environmental Protection--Water Supply, Chs. NR 800--):

Ch. NR 812
Public Instruction:
Ch. PI 11
Final Regulatory Flexibility Analyses.
Pages 46 to 48.
Administration:
(CR 99-154) - Ch. Adm 47
Agriculture, Trade and Consumer Protection:
(CR 99-5) - Chs. ATCP 29 and 40
Financial Institutions--Credit Unions:
(CR 99-145) - Ch. DFI-CU 52
Financial Institutions--Credit Unions:
(CR 99-146) - Ch. DFI-CU 64
Financial Institutions--Securities:
(CR 00-17) - S. DFI-Sec 5.01 (4) (b) and (e)
Health and Family Services:
(CR 99-55) - Ch. HFS 181
Kickapoo Reserve Management Board:
(CR 99-124) - Ch. KB 1
Natural Resources:
(CR 99-95) - S. NR 812.05
Natural Resources:
(CR 99-43) - SS. NR 10.02, 19.26 and 19.27
Natural Resources:
(CR 99-22) - S. NR 150.03 (8) (a) 1. and ch. NR 170
Natural Resources:
(CR 99-155) - SS. NR 10.01, 10.27 and 10.28
Psychology Examining Board:
(CR 99-149) - SS. Psy 2.08 and 3.10
Public Instruction:
(CR 98-139) - Ch. PI 11
Public Instruction:
(CR 99-73) - Ch. PI 19
Public Instruction:
(CR 99-103) - Ch. PI 17
Public Instruction:
(CR 99-118) - S. PI 11.24
Public Instruction:
(CR 99-129) - S. PI 6.03
Public Instruction:
(CR 99-130) - Ch. PI 37
Transportation:
(CR 99-152) - Ch. Trans 320
Veterans Affairs:
(CR 99-160) - Ch. VA 4
Executive Orders.
Page 49.
Executive Order #391.
Relating to the Creation of the South Central Wisconsin Regional Planning Commission Study Committee.
Executive Order #393.
Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for Peace Officers Who Have Given Their Lives in the Line of Duty.
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 (See section 9110 (3yu) 1999 Wis. Act. 9)
Analysis prepared by the Department of Commerce
Statutory authority: ss. 227.11 (2)(a) and 227.24 and s. 9110       (3yu)(b) of 1999 Wis. Act 9.
Statutes interpreted: ss. 101.143, 101.144, 292.11, and 292.31       and ch. 160
The proposed ch. Comm 46 is identical to ch. NR 746 that is being promulgated by the Department of Natural Resources.
Chapter Comm 46 provides that the Department of Natural Resources has authority for “high-risk sites" and that the Department of Commerce has authority for “low and medium risk sites." The rule requires the Department of Natural Resources to transfer authority for sites with petroleum contamination from petroleum storage tanks to the Department of Commerce once the site is classified, unless the site is classified as a “high-risk site" or the site is contaminated by one or more hazardous substances other than petroleum products discharged from a petroleum storage tank. The rule also establishes procedures for transferring sites from one agency to the other whenever new information relevant to the site classification becomes available.
Chapter Comm 46 also provides jointly developed requirements for:
1. Selecting remedial bids and the setting of remediation targets for sites that are competitively bid or bundled with another site or sites.
2. Determining when sites may close.
3. Determining when remediation by natural attenuation may be approved as the final remedial action for a petroleum-contaminated site.
4.Tracking the achievement of remediation progress and success.
5. Reporting of program activities.
Publication Date:   May 17, 2000
Effective Date:   May 18, 2000
Expiration Date:   September 1, 2000
Hearing Dates:   June 15, July 10 & 12, 2000
[See Notice this Register]
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:   June 12, 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.
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