Register

Cover

Wisconsin

Administrative

Register

No. 540

Publication Date: December 14, 2000

Effective Date: December 15, 2000

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

StatsNewsRel

The 1999-2000 Wisconsin Statutes and Annotations can be ordered now in bound volumes or on the WisLaw® CD-ROM

Bound Volumes:

Prices for the 1999-2000 Wisconsin Statutes and Annotations bound volumes are detailed below. Any sales tax due must be added to these prices:

  Hard Cover     Hard Cover       Soft Cover     Soft Cover
  With Postage     Without Postage     With Postage     Without Postage
  $142.00     $135.00       $117.00     $110.00

Send orders to the Document Sales and Distribution Section at the address below or call [phone]. Unless exempt by law, all sales are subject to 5% state sales tax and, where applicable, 0.5% county sales tax and 0.1% stadium tax. Prepayment is required for all orders. Payments by check, money order, or credit card should be made payable to WI Department of Administration. Credit card orders using either VISA or MasterCard may be placed by calling [phone] or [phone]. The bound volumes of the statutes will be available in late November 2000.

WisLaw® CD-ROM:

Up-to-date WisLaw® CD-ROMs are released quarterly by the Revisor of Statutes Bureau. WisLaw® contains:

- Wisconsin Statutes and Annotations with Index

- Table of Cross-References and Table of Sections Affected by Acts

- Wisconsin Administrative Code with Index, Administrative Register, and Emergency Rules

- Executive Orders

- Wisconsin Acts with Index

- Supreme Court Rules and Internal Operating Procedures

- Recent Opinions of the Attorney General with Index

- Wisconsin Constitution with Annotations and Index

- U.S. Constitution

- Wisconsin Town Law Forms

- Wisconsin Code of Military Justice

All of the above WisLaw® Infobases are substantially integrated with hypertext links. WisLaw® utilizes
the Windows 95 versions of Folio Views search and retrieval software. Folio is used by 75 of the top 80 legal publishers. State agencies are using WisLaw ® for their legal research. WisLaw® is distributed by the Document Sales and Distribution Section to requesting state agencies on a complimentary basis.

WisLaw® is available only by annual subscription. WisLaw® End-user license and subscription order forms are available at Document Sales or at http://www.legis.state.wi.us/rsb. CDs will be delivered only upon receipt of a signed license and subscription form and full payment. An annual subscription plus a license for no more than one simultaneous user costs $99. Licenses for no more than 4 simultaneous users or for no more than 10 simultaneous users cost $149 or $199, respectively. Shipping is included. Unless exempt by law, all sales are subject to 5% state sales tax and, where applicable, 0.5% county sales tax and 0.1% Wisconsin stadium sales tax.

Orders by FAX will not be accepted; call [phone] or TTY [phone] or write to:

The State of Wisconsin

Department of Administration

Bureau of Document Services

Document Sales and Distribution Section

P.O. Box 7840

Madison, WI 53707-7840

TOC_D15

T a b l e o f C o n t e n t s

Emergency Rules Now In Effect.	Pages 4 to 11
Agriculture, Trade and Consumer Protection:	Rule relating to residential rental practices. Rules relating to importing certain animals from a USDA-designated “non-modified accredited" state. Rules relating to an implied warranty that cattle and goats are free of Johne's disease.
Commerce:	PECFA, Chs. Comm 46-47 Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities.
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. Rules adopted revising ch. HFS 163, relating to certification for removal of lead-based paint hazards. [First Appearance]
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 relating to cost sharing program to suppress gypsy moths.
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 confidential information.
Regulation and Licensing:	Rules relating to massage therapists and bodyworkers.
Revenue:	Rules relating to the tobacco settlement agreement.
Tobacco Control Board:	Rules relating to the administration and awarding of grants for tobacco control and establishing criteria for recipients of the grants.
Workforce Development:	Economic Support, Chs. DWD 11-59 Rule relating to W-2 Program disregard of 2000 census income.
Scope Statements.	Pages 12 to 14
Natural Resources:	NR 149.05 - Relating to approval of the Laboratory Certification Program budget.
Natural Resources:	NR code - Relating to the schedule for waste derived soil product standards.
Natural Resources:	NR 46.30 - Relating to the annual adjustment of timber stumpage rates.
Natural Resources: Natural Resources:	NR code - Relating to Forest Deer Management Unit Special Season. NR 437 - Relating to voluntary reductions of air pollutant emissions.
Board of Nursing:	N code - Relating to certification requirements for advanced practice nurse prescribers.
Optometry Examining Board:	Opt code - Relating to the contact lens prescription release by optometrists.
Public Instruction:	PI 18 - Relating to course requirements for high school graduation.
Public Instruction:	PI 26 - Relating to the alignment of education for employment rules with vocational/technical activities and programs being developed and implemented by public school districts.
Workforce Development:	DWD 12 - Relating to review of W-2 contested case decisions.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 15 to 16
Financial Institutions-Banking:	DFI-Bkg 8.04 - relating to stating name and location of office on bank checks.
Insurance Commissioner:	Ins 18 - relating to grievance procedures and independent organization.
Board of Nursing: Board of Nursing:	Relating to continuing education. Relating to defining the practice of nursing to include acting under the direction of optometrists.
Pharmacy Examining Board:	Relating to transfer of prescription orders.
Notices of Hearings or of Proposed Rules.	Pages 17 to 19
Financial Institutions-Banking	Hearing to consider repeal of s. DFI-Bkg 8.04, relating to requirements that name and location of a bank be on bank checks. [Hearing date: 1/08/01]
Commissioner of Insurance:	Hearing to consider creating ch. Ins 18, relating to grievance requirements and independent review organizations. [Hearing date: 1/10/01]
Board of Nursing: Tobacco Control Board:	Hearing to consider ch. N 6, relating to defining the practice of nursing to include acting under the direction of optometrists. [Hearing date: 1/04/01] Hearing to consider creation of ch. N 8 relating to continuing education. [Hearing date: 1/04/01] Hearing to consider creating ch. TCB1, relating to the establishment of criteria, procedures, requirements and conditions for the award of project grants to operate programs with the objective to reduce tobacco use. [Hearing date: 1/10/01]
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 20
Agriculture, Trade and Consumer Protection:	(CR 00-060)   - ch. ATCP 75
Financial Institutions, Division of Securities:	(CR 00-117)   - chs. DFI-Sec 2, 3, 4, and 5
Health & Family Services:	(CR 00-059)   - ch. HFS 196
Insurance Commissioner:	(CR 00-007)   - ch. Ins 23
Natural Resources:	(CR 00-096)   - chs. NR 400, 410, 423, 428, 439, 484, and 485
Natural Resources:	(CR 00-101)   - chs. NR 406, 407, 419, 422, and 484
Natural Resources:	(CR 00-102)   - ch. NR 25
Nursing:	(CR 00-051)   - ch. N 5
Regulation and Licensing:	(CR 00-100)   - chs. RL 30, 31, 32, 33, 34, and 35
Regulation and Licensing:	(CR 00-105)   - chs. RL 17, 24, and 25
Transportation:	(CR 00-109)   - chs. Trans 231 and 233
Public Notice.	Page 21
Financial Institutions	Relating to interest rate on required residential mortgage loan escrow accounts for 2001.

Erules540a

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 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.