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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 12
Agriculture, Trade and Consumer Protection:
Rules relating to fees required of agent municipalities inspecting retail food establishments.
Rule relating to residential rental practices.
Rules relating to importing certain animals from a USDA-designated “non-modified accredited" state.
Commerce:
PECFA, Chs. Comm 46 and 47
Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities.
Rules relating to appeals under the PECFA program.
Health & Family Services:
Community Services, Chs. HFS 30--
Rules relating to state Supplemental Security Income (SSI) payments.
Health & Family Services:
Health, Chs. HFS 110--
Rules relating to the Health Risk-Sharing Plan.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Rules relating to deer hunting.
Rules relating to the 2000 migratory game bird season.
Rules relating to the stewardship program.
Rules adopted revising ch. NR 47, relating to cost sharing program to suppress gypsy moths.
[First Appearance]
Natural Resources:
Environmental Protection-General, Chs. NR 100--
Rules relating to the brownfield site assessment grant program.
Natural Resources:
Environmental Protection - Investigation & Remediation, Chs. NR 700--
Rules relating to sites contaminated with petroleum products from petroleum storage tanks.
Public Service Commission:
Rules relating to handling on confidential information.
Regulation and Licensing:
Rules relating to massage therapists and bodyworkers.
Revenue:
Rules relating to the tobacco settlement agreement.
Tobacco Control Board:
Rules adopted creating ch. TCB 1, relating to the administration and awarding of grants for tobacco control and establishing criteria for recipients of the grants. [First Appearance]
Workforce Development:
Economic Support, Chs. DWD 11-59
Rule relating to W-2 Program disregard of 2000 census income.
Scope Statements.
Pages 13 to 14
Agriculture, Trade and Consumer Protection:
Chs. ATCP 29 and 35 - Relating to the agricultural chemical cleanup program.
Insurance:
Ins 4.01 - Relating to whether mobile homes are subject to the valued property law.
Insurance:
Chs. Ins 6, 22, 26 and 28 - Relating to conformance to the NAIC Model Producer Act, compliance with the Gramm-Leach-Bliley Act and rental car insurance issues.
Workforce Development:
DWD 14.24 - Relating to stale electronic food stamp accounts.
Workforce Development:
DWD 80.67 - Relating to worker's compensation insurer name change or reorganization.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 15 to 16
Commerce:
Chs. Comm 2, 5 and 20 to 25 - Relating to uniform dwelling code inspection agencies.
Natural Resources:
Chs. NR 1, 10, 12 and 19 - Relating to deer hunting and the wildlife damage abatement and claims program.
Natural Resources:
Section NR 1.95 - Relating to wetlands preservation, protection, restoration and management.
Natural Resources:
Chs. NR 103 and 350 - Relating to wetland compensatory mitigation.
Natural Resources:
Chs. NR 422, 460, 465 and 484 - Relating to volatile organic compound emissions and national emission standards for hazardous air pollutants for wood furniture manufacturing.
Natural Resources:
Ch. NR 809 - Relating to public notification requirements for public water systems.
Natural Resources:
Ch. NR 809 - Relating to lead and copper monitoring and treatment requirements for public water systems.
Pharmacy Examining Board:
Phar Code - Relating to consultation programs and licensure requirements.
Pharmacy Examining Board:
Phar Code - Relating to supervising pharmacy interns.
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:
SFC Code - Relating to the state jurisprudence examination.
Notices of Hearings or of Proposed Rules.
Pages 17 to 36
Agriculture, Trade and Consumer Protection:
Hearings to consider revision of s. ATCP 10.21, relating to reimbursement of Johne's disease testing costs. [Hearing dates: 11/28/00, 11/30/00]
Hearings to consider revision to ch. ATCP 11, relating to importing animals from a state designated as a tuberculosis “non-modified accredited" state.
[Hearing dates: 11/28/00, 11/30/00]
Commerce:
Uniform Dwelling, Chs. Comm 20-25
Hearing to consider revision to chs. Comm 2, 5 and 20 to 25, relating to uniform dwelling code inspection agencies.
[Hearing date: 12/12/00]
Corrections:
Hearing to consider revision to ch. DOC 306, relating to security. [Hearing date: 12/13/00]
Dentistry Examining Board:
Hearing to consider revision to ch. DE 2, relating to a system of remediation for applicants who have failed examinations. [Hearing date: 1/03/01]
Geologists, Hydrologists and Soil Scientists:
Hearing to consider s. GHSS 1.07, relating to a rules subcommittee.
[Hearing date: 12/12/00]
Health and Family Services:
Community Services, Chs. HFS 30—
Hearings to consider ch. HFS 36, relating to standards for community-based psychosocial services for persons with mental illness and children with emotional disturbance.
[Hearing dates: 12/11/00, 12/12/00 and 12/15/00]
Community Services, Chs. HFS 30—
Hearing to consider ch. HFS 79, relating to recovery of incorrectly paid SSI benefits.
[Hearing date: 12/13/00]
Natural Resources:
Fish, Game, etc., Chs. NR 1—
Environmental Protection - General, Chs. NR 100—
Environmental Protection - Water Management, Chs.
NR 300—
Hearings to consider revision to s. NR 1.95, chs. NR 103 and 350, relating to wetlands preservation, protection, restoration and management.
[Hearing dates: 12/11/00, 12/12/00, 12/13/00, 12/14/00, 12/18/00 and 12/19/00]
Environmental Protection - Air Pollution Control, Chs. NR 400—
Hearings to consider revisions of chs. NR 422 and 484 and creation of ch. NR 460, Appendix JJ and ch. NR 465, relating to wood furniture manufacturing.
[Hearing dates: 12/14/00 and 12/15/00]
Environmental Protection - Water Supply, Chs. NR 800—
Hearings to consider revisions to ch. NR 809, relating to the lead and copper rule and public notification requirements.
[Hearing dates: 12/14/00 and 12/15/00]
Pharmacy Examining Board:
Hearing to consider revision to chs. Phar 2, 4, 12, 13 and 16, relating to consultation programs and licensure requirements. [Hearing date: 12/12/00]
Hearing to consider amendment to s. Phar 7.01, relating to supervising pharmacy interns.
[Hearing date: 12/12/00]
Social Workers, Marriage and Family Therapists
and Professional Counselors:
Hearing to consider revision of ch. SFC 2, relating to clinical social work concentration and supervised clinical field training. [Hearing date: 1/11/01]
Hearing to consider SFC 1.05 (7), relating to the state jurisprudence examination. [Hearing date: 1/11/01]
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 37
Commerce:
(CR 00-86)   -   Ch. Comm 18
Corrections:
(CR 97-13)   -   Ch. DOC 303
Employee Trust Funds:
(CR 00-116)   -   Ch. ETF 10
Health and Family Services:
(CR 00-114)   -   Ch. HFS 119
Natural Resources:
(CR 00-76)   -   Ch. NR 190
Natural Resources:
(CR 00-103)   -   Ch. NR 10
Public Instruction:
(CR 98-138)   -   Ch. PI 11
Revenue:
(CR 00-123)   -   Ch. Tax 9
Rules Published in this Wis. Adm. Register.
Page 38
Administration:
(CR 00-42)   -   Ch. Adm 12
Administration:
(CR 00-80)   -   Ch. Adm 43
Administration:
(CR 00-81)   -   Ch. Adm 44
Administration:
(CR 00-82)   -   Ch. Adm 45
Agriculture, Trade and Consumer Protection:
(CR 99-72)   -   Ch. ATCP 160
Agriculture, Trade and Consumer Protection:
(CR 99-168)   -   Section ATCP 1.03 and chs.           ATCP 10 to 12
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board:
(CR 00-50)   -   Sections A-E 2.02, 4.05, 6.04           and 6.05
Commerce:
(CR 99-122)   -   Section Comm 2.68 and ch.           Comm 90
Corrections:
(CR 97-27)   -   Ch. DOC 314
Professional Geologists, Hydrologists, and Soil Scientists Examining Board:
(CR 00-64)   -   Sections GHSS 2.06, 3.05 and           4.05
Health and Family Services:
(CR 00-84)   -   Chs. HFS 101 to 103 and 108
Transportation:
(CR 00-15)   -   Chs. Trans 4 and 8
Workforce Development:
(CR 00-67)   -   Ch. HSS 245 and Ch. DWD 18
Sections Affected by Rule Revisions and Corrections.
Pages 39 to 41
REVISIONS
Administration:
Chs. Adm 12, 43, 44 and 45
Agriculture, Trade and Consumer Protection:
Chs. ATCP 1, 10, 11, 12 and 160
Architects, Engineers, etc. Examining Board:
Chs. A-E 2, 4 and 6
Commerce:
(Fee Schedule, Ch. Comm 2)
Ch. Comm 2
Commerce:
(Public Swimming Pools, Ch. Comm 90)
Ch. Comm 90
Corrections:
Ch. DOC 314
Professional Geologists, Hydrologists and Soil Scientists Examining Board:
Chs. GHSS 2, 3 and 4
Health and Family Services:
(Medical Assistance, Chs. HFS 100—)
Chs. HFS 101, 102, 103 and 108
Health and Family Services:
(Economic Support, Chs. HSS 200—)
Ch. HSS 245
Transportation:
Chs. Trans 4 and 8
Workforce Development:
(Economic Support, Chs. DWD 11-59)
Ch. DWD 18
EDITORIAL CORRECTIONS
Agriculture, Trade and Consumer Protection:
Chs. ATCP 10, 11, 160
Health and Family Services:
(Community Services, Chs. HFS 30—)
Ch. HFS 58
Transportation:
Ch. Trans 405
ERRATA
Health and Family Services:
Community Services, Chs. HFS 30—
Ch. HFS 58
Transportation:
Ch. Trans 405
Final Regulatory Flexibility Analyses.
Pages 42 to 43
Administration:
(CR 00-42)   -   Ch. Adm 12
Administration:
(CR 00-80)   -   Ch. Adm 43
Administration:
(CR 00-81)   -   Ch. Adm 44
Administration:
(CR 00-82)   -   Ch. Adm 45
Agriculture, Trade and Consumer Protection:
(CR 99-72)   -   Ch. ATCP 160
Agriculture, Trade and Consumer Protection:
(CR 99-168)   -   Section ATCP 1.03 and chs.           ATCP 10 to 12
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board:
(CR 00-50)   -   Sections A-E 2.02, 4.05, 6.04           and 6.05
Commerce:
(CR 99-122)   -   Section Comm 2.68 and ch.           Comm 90
Corrections:
(CR 97-27)   -   Ch. DOC 314
Professional Geologists, Hydrologists, and Soil Scientists Examining Board:
(CR 00-64)   -   Sections GHSS 2.06, 3.05 and           4.05
Health and Family Services:
(CR 00-84)   -   Chs. HFS 101 to 103 and 108
Transportation:
(CR 00-15)   -   Chs. Trans 4 and 8
Workforce Development:
(CR 00-67)   -   Ch. HSS 245 and Ch. DWD 18
Executive Orders.
Page 44
Executive Order No. 410
Relating to a proclamation that the flags of the United States and the state of Wisconsin be flown at half-staff as a mark of respect for United States soldiers who recently died in Yemen.
Executive Order No. 411
Relating to the Governor's Advisory Task Force on the proposed federal “Roadless Initiative".
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.
Copies of emergency rule orders can be obtained from the promulgating agency. The text of current emergency rules can be viewed at www.legis.state.wi.us/rsb/code.
Agriculture, Trade & Consumer Protection - (3)
1.   Rule adopted amending s. ATCP 74.08 (1), relating to fees required of agent cities and counties that license and inspect retail food establishments.
Finding of Emergency
The Department of Agriculture, Trade and Consumer Protection (“department") finds that an emergency rule is necessary to promote the public welfare, and prevent unnecessary economic hardship on cities and counties that license and inspect retail food establishments for the department. The facts constituting the emergency are as follows:
(1) The department licenses and inspects retail food establishments under s. 97.30, Stats. Under s. 97.41, Stats., the department may enter into an agreement with a city or county, under which the city or county licenses and inspects retail food establishments for the department. The department monitors and assists the agent city or county. From the license fees that it collects, an agent city or county must pay the department an annual fee to cover the department's costs. The department sets the fee by rule.
(2) By rule, the department establishes license fees for retail food establishments that it licenses directly. An agent city or county may charge a license fee that differs from the state license fee established by the department.
(3) Under current rules, an agent city or county must pay the department an annual fee, for each retail food establishment, that is equal to 20% of the license fee that the department would charge if it licensed the establishment directly.
(4) Effective February 1, 1998; the department increased license fees for retail food establishments that it licenses. The fee increase was caused, in part, by a legislative budget change that required the department to recover 60% (rather than 50%) of its program costs from license fees. The fee change approximately doubled the department's license fees, increasing the maximum retail food license fee from $210 to $450 and the minimum fee from $42 to $90.
(5) The department's 1998 license fee increase incidentally increased the annual fees that agent cities were required to pay to the department, beginning with the license year ending June 30, 1999. As a result of the department's license fee increase, agent cities and counties were required to pay the department 20% of the increased license fee amounts. This change effectively doubled city and county fee payments to the department and imposed a serious financial burden on those city and county governments. The increased fee payments also exceeded the amounts needed to cover the department's costs under agent city and agent county agreements.
(6) In order to reduce the financial burden on local governments and eliminate the department's surplus receipts, it is necessary to reduce the agent city and county percentage fee payment from 20% to 10% beginning with the license year that ends June 30, 2000. The public welfare necessitates that the department make this rule change by June 30, 2000. However, it is not possible to make this rule change by June 30 using normal rulemaking procedures. The department is, therefore, adopting this rule change by emergency rule, pending adoption by normal rulemaking procedures.
Publication Date:   June 30, 2000
Effective Date:   July 1, 2000
Expiration Date:   November 29, 2000
2.   Rule adopted repealing s. ATCP 134.06 (3) (c) note and creating s. ATCP 134.06 (3) (d), relating to residential rental practices.
Exemption from finding of emergency
On June 21, 2000, the Legislature's Joint Committee for Review of Administrative Rules (JCRAR) found that the “note" to s. ATCP 134.06 (3) (c) is actually a rule and directed DATCP to adopt the “note" as an emergency rule. According to s. 227.26 (2) (b), Stats., DATCP must promulgate the emergency rule under s. 227.24 (1) (a), Stats., within 30 days after the JCRAR directs DATCP to do so. Because the JCRAR has directed DATCP to adopt this emergency rule, DATCP is not required to make any other finding of emergency.
Analysis prepared by the Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (DATCP) administers state landlord-tenant rules contained in ch. ATCP 134, Wis. Adm. Code. These rules affect over 1.5 million Wisconsin residents.
This emergency rule modifies current residential rental practices rules related to security deposit withholding. Under current rules, a landlord may not withhold a security deposit for normal wear and tear, or for other damages or losses for which the tenant cannot reasonably be held responsible. A “note" to s. ATCP 134.06 (3) (c) also states that a landlord may not withhold from a tenant's security deposit for routine painting or carpet cleaning, where there is no unusual damage caused by tenant neglect.
Publication Date:   July 20, 2000
Effective Date:   July 20, 2000
Expiration Date:   December 18, 2000
3.   Rules adopted creating ch. ATCP 16, relating to importing bovine animals, goats or cervids from a state designated by USDA as a tuberculosis “non-modified accredited" state.
Finding of Emergency
(1) Bovine tuberculosis is a contagious, infectious and communicable disease caused by Mycobacterium bovis (M. bovis). It affects cattle, bison, deer, elk, goats and other species, including humans. Bovine tuberculosis in infected animals and humans manifests itself in lesions of the lung, bone, and other body parts. Bovine tuberculosis causes weight loss and general debilitation, and can be fatal.
(2) Wisconsin is currently classified by the United States Department of Agriculture (USDA) as “accredited-free" for tuberculosis.
(3) The USDA recently reclassified Michigan from “accredited-free" to “non-modified accredited," reflecting a higher risk of bovine tuberculosis.
(4) A significant number of bovine animals, goats and cervids are imported to Wisconsin from Michigan each year.
(5) The last known case of bovine tuberculosis in cattle in Wisconsin was confirmed in an animal imported from Michigan.
(6) If bovine tuberculosis becomes established in Wisconsin, it will pose a significant threat to the health of domestic animals and humans in this state.
(7) An emergency rule is needed to protect the public peace, health, safety and welfare. This emergency rule will help to control a serious disease in cattle, goats and cervids and will help protect the marketability of Wisconsin-raised animals.
Publication Date:   August 11, 2000
Effective Date:   August 11, 2000
Expiration Date:   January 8, 2001
Hearing Date:   September 19, 2000
Commerce - (2)
(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.
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