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The State of Wisconsin
Department of Administration
Bureau of Document Services
Document Sales and Distribution Section
P.O. Box 7840
Madison, WI 53707-7840
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
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 4 to 11
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Agriculture, Trade and Consumer Protection:
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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.
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Commerce:
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PECFA, Chs. Comm 46-47
Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities.
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Health & Family Services:
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Community Services, Chs. HFS 30--
Rules relating to state Supplemental Security Income (SSI) payments.
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Health & Family Services:
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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]
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Natural Resources:
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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.
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Natural Resources:
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Environmental Protection-General, Chs. NR 100--
Rules relating to the brownfield site assessment grant program.
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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 Service Commission:
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Rules relating to handling confidential information.
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Regulation and Licensing:
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Rules relating to massage therapists and bodyworkers.
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Revenue:
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Rules relating to the tobacco settlement agreement.
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Tobacco Control Board:
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Rules relating to the administration and awarding of grants for tobacco control and establishing criteria for recipients of the grants.
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Workforce Development:
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Economic Support, Chs. DWD 11-59
Rule relating to W-2 Program disregard of 2000 census income.
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Scope Statements.
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Pages 12 to 14
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Natural Resources:
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NR 149.05 - Relating to approval of the Laboratory Certification Program budget.
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Natural Resources:
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NR code - Relating to the schedule for waste derived soil product standards.
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Natural Resources:
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NR 46.30 - Relating to the annual adjustment of timber stumpage rates.
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Natural Resources:
Natural Resources:
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NR code - Relating to Forest Deer Management Unit Special Season.
NR 437 - Relating to voluntary reductions of air pollutant emissions.
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Board of Nursing:
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N code - Relating to certification requirements for advanced practice nurse prescribers.
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Optometry Examining Board:
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Opt code - Relating to the contact lens prescription release by optometrists.
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Public Instruction:
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PI 18 - Relating to course requirements for high school graduation.
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Public Instruction:
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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.
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Workforce Development:
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DWD 12 - Relating to review of W-2 contested case decisions.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 15 to 16
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Financial Institutions-Banking:
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DFI-Bkg 8.04 - relating to stating name and location of office on bank checks.
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Insurance Commissioner:
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Ins 18 - relating to grievance procedures and independent organization.
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Board of Nursing:
Board of Nursing:
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Relating to continuing education.
Relating to defining the practice of nursing to include acting under the direction of optometrists.
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Pharmacy Examining Board:
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Relating to transfer of prescription orders.
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Notices of Hearings or of Proposed Rules.
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Pages 17 to 19
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Financial Institutions-Banking
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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]
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Commissioner of Insurance:
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Hearing to consider creating ch. Ins 18, relating to grievance requirements and independent review organizations. [Hearing date: 1/10/01]
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Board of Nursing:
Tobacco Control Board:
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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]
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 20
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Agriculture, Trade and Consumer Protection:
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Financial Institutions, Division of Securities:
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Health & Family Services:
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Insurance Commissioner:
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Natural Resources:
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( CR 00-096) - chs. NR 400, 410, 423, 428, 439, 484, and 485
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Natural Resources:
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( CR 00-101) - chs. NR 406, 407, 419, 422, and 484
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Natural Resources:
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Nursing:
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Regulation and Licensing:
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( CR 00-100) - chs. RL 30, 31, 32, 33, 34, and 35
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Regulation and Licensing:
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Transportation:
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Public Notice.
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Page 21
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Financial Institutions
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Relating to interest rate on required residential mortgage loan escrow accounts for 2001.
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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.
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.
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
Extension Through:
February 15, 2001
2. 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
Extension Through:
March 8, 2001
3. Rules adopted creating ss. ATCP 10.21 (1m) and 10.63 (1m), relating to an implied warranty that cattle and goats are free of paratuberculosis (also known as Johne's disease).
Finding of Emergency
(1) Paratuberculosis, also known as Johne's disease, is an infectious and communicable disease of cattle and goats. The disease is slow to develop, and an infected animal may go for years without showing symptoms. An infected animal, which is free of symptoms at the time of sale, may spread the disease to a buyer's herd. The disease has a serious impact on milk production, and is ultimately fatal to infected animals.
(2) 1989 Wis. Act 277 established a Johne's disease “implied warranty" in the sale of cattle and goats. Under the “implied warranty" law, s. 95.195, Stats., a seller implicitly warrants to a buyer that cattle and goats are free of Johne's disease unless the seller complies with certain testing and disclosure requirements. If cattle or goats are infected with Johne's disease at the time of sale, and the seller has not complied with applicable testing and disclosure requirements, the buyer may sue the seller for damages under the “implied warranty."
(3) The “implied warranty" law protects buyers of cattle and goats, and gives sellers an incentive to test their animals for Johne's disease. A seller may avoid the “implied warranty" by testing and disclosing. Testing is important for the ultimate control of this serious disease.
(4) 1999 Wis. Act 160 changed the “implied warranty" law, effective July 1, 2000. It changed prior testing and disclosure requirements to make the law more effective and workable. It also authorized the department of agriculture, trade and consumer protection (“DATCP") to cover other diseases and animal species by rule. DATCP must implement the new law by rule. The “implied warranty" no longer applies to any animals or diseases (including Johne's disease) unless DATCP identifies those animals and diseases by rule.
(5) DATCP, the livestock industry and the Legislature intended that the new law would apply, at a minimum, to Johne's disease in cattle and goats. The Legislature, in a related action, appropriated $100,000 in grant funds to help herd owners pay for Johne's disease testing in FY 2000-2001. DATCP has also adopted new Johne's disease rules for cattle and goats, in anticipation of the July 1, 2000 effective date of the new law. The new rules, contained in ss. 10.21 and 10.63, Wis. Adm. Code, clearly indicate DATCP's understanding and intent that the new law would apply to Johne's disease in cattle and goats. However, the new rules are technically flawed, in that they fail to state explicitly that the new law applies to Johne's disease in cattle and goats. This emergency rule remedies that technical flaw on a temporary basis, pending the adoption of “permanent" remedial rules.
(6) This emergency rule is needed to resolve any possible challenge or uncertainty related to the coverage of the new “implied warranty" law. This emergency rule clarifies that the “implied warranty" law applies to Johne's disease in cattle and goats. This emergency rule is needed to protect the public peace, health, safety and welfare. This emergency rule will help to control a serious disease of cattle and goats, will protect buyers of cattle and goats, will promote certainty in commercial transactions, and will prevent unnecessary litigation related to the applicability of the “implied warranty" law.
Publication Date:
June 30, 2000
Effective Date:
July 1, 2000
Expiration Date:
November 29, 2000
Hearing Date:
July 27, 2000
Extension Through:
December 28, 2000
Commerce
(PECFA - Chs. Comm 46)
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:
