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S. PSC 2.65 (entire section) had a correction made under s. 13.93 (2m) (b) 7., Stats.
S. PSC 2.66 (1) and (2) had corrections made under s. 13.93 (2m) (b) 7., Stats.
S. PSC 2.81 (entire section) had a correction made under s. 13.93 (2m) (b) 7., Stats.
Workforce Development:
(Civil Rights, Chs. DWD 218-225)
Ch. DWD 220
S. DWD 220.02 (intro.), (1), (2), (12) and (14) had corrections made under s. 13.93 (2m) (b) 7., Stats.
S. DWD 220.03 (1) and (2) had corrections made under s. 13.93 (2m) (b) 7., Stats.
S. DWD 220.06 (1) had a correction made under s. 13.93 (2m) (b) 7., Stats.
S. DWD 220.10 (2) (a) had a correction made under s. 13.93 (2m) (b) 7., Stats.
S. DWD 220.11 (2) had a correction made under s. 13.93 (2m) (b) 7., Stats.
S. DWD 220.12 (1) had corrections made under s. 13.93 (2m) (b) 7., Stats.
S. DWD 220.23 (2) had a correction made under s. 13.93 (2m) (b) 7., Stats.
S. DWD 220.24 (entire section) had a correction made under s. 13.93 (2m) (b) 7., Stats.
Ch. DWD 221
S. DWD 221.02 (intro.), (1) and (9) had corrections made under s. 13.93 (2m) (b) 7., Stats.
Cover
Wisconsin
Administrative
Register
No. 540
Publication Date: December 31, 2000
Effective Date: January 1, 2001
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
TOC_D30
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 5 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.
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 certification for removal of lead-based paint hazards.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Rules relating to deer hunting.
Rules relating to the stewardship program.
Rules relating to cost sharing program to suppress gypsy moths.
Rules adopted revising ch. NR 6, relating to speed limits for snowmobiles.
[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 relating to the administration and awarding of grants for tobacco control and establishing criteria for recipients of the grants.
Scope Statements.
Pages 12 to 13
Agriculture, Trade and Consumer Protection:
ATCP 69 - Relating to cheesemakers licenses.
Agriculture, Trade and Consumer Protection:
Relating to plant inspection and pest control.
Health and Family Services:
Relating to birth defect prevention and surveillance system.
Health and Family Services
Relating to permit fees in the existing regulation and licensing program.
Natural Resources:
Relating to development of a strategy for regulating mercury releases from wastewater.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 14 to 17
Agriculture, Trade and Consumer Protection:
S. ATCP 97.04 (4) (a) 1. to 5., relating to public warehouse keeper license fees.
Commerce:
Chs. Comm 4, 14, 16, 50 to 64, 65, 66, 69 and 73, relating to construction and fire prevention for public buildings and places of employment, including commercial buildings and structures, and multifamily dwellings.
Health and Family Services:
Relating to rules for immunization of children before they enter school and while in school.
Health and Family Services:
Relating to lead abatement programs.
Natural Resources:
Ch. NR 47, relating to the federal cost sharing program to suppress gypsy moths.
Natural Resources:
S. NR 25.03, relating to the relicensing of commercial fishers on Lake Michigan.
Natural Resources:
Ch. NR 754, relating to environmental insurance requirements for liability exemptions for voluntary remediation.
Natural Resources:
Relating to hazardous air pollutant emissions from pulp and paper mills.
Natural Resources:
S. NR 422.083, relating to reducing ambient ozone concentrations in southeastern Wisconsin by controlling volatile organic compound (VOC) emissions.
Psychology Examining Board:
Relating to continuing education and temporary practice.
Tobacco Control Board:
Ch. TCB 1, relating to the administration and awarding of grants for tobacco control.
Workforce Development:
S. DWD 14.24, relating to stale electronic food stamp accounts.
Workforce Development:
S. DWD 80.67, relating to worker's compensation insurer name change or reorganization.
Rulemaking Notices.
Pages 18 to 39
Agriculture, Trade and Consumer Protection:
Hearing to consider revision to ch. ATCP 74, relating to fees required of municipal agents that license and inspect retail food establishments.
[Hearing date: 1/17/01]
Hearing to consider revision to ch. ATCP 161, relating to grants to ethanol producers.
[Hearing date: 1/24/01]
Hearing to consider revision to ch. ATCP 97, relating to warehouse keepers.
[Hearing date: 1/18/01]
Commerce:
Hearings to consider proposed rules affecting chs. Comm 4, 14, 16, 50 to 64, 65, 66, 69, and 73, relating to construction and fire prevention for public buildings and places of employment, including commercial buildings and structures and multifamily dwellings.
[Hearing date: 1/16/01, 1/18/01, 1/23/01, and 1/25/01]
Health and Family Services:
Health, Chs. HFS 110--
Hearings to consider revision to ch. HFS 144, relating to immunization of students. [Hearing dates: 1/16/01, 1/17/01, and 1/18/01]
Hearings to consider revision to ch. HFS 163, relating to certification for the activities related to lead based point hazards. [Hearing dates: 1/12/01, 1/16/01, 1/17/01, 1/18/01, and 1/19/01]
Natural Resources:
Fish, Game, etc., Ch. NR 1-
Hearings to consider amendment to s. NR 25.03 (2) (b), relating to relicensing commercial fishers on Lake Michigan. [Hearing dates: 1/12/01 and 1/22/01]
Hearing to consider emergency rule revision to ch. NR 6, relating to the speed limit for snowmobiles. [Hearing date: 1/17/01]
Hearing to consider both the emergency rule revision and proposed rule revision to ch. NR 47, relating to suppression of gypsy moths. [Hearing date: 1/31/01]
Environmental Protection-Air Pollution Control,
   Ch. NR 400-
Hearings to consider revision to chs. NR 464 and 484, relating to hazardous air pollutant emissions from pulp and paper mills. [Hearing dates: 1/23/01 and 1/24/01]
Hearing to consider revision to chs. NR 422 and 439, relating to a one-hour ozone air quality standard attainment plan. [Hearing date: 1/31/01]
Environmental Protection -Investigation and  Remediation
Hearing to consider ch. NR 754, relating to insurance requirements related to natural attenuation for voluntary party liability exemption. [Hearing date: 1/17/01]
Psychology Examining Board:
Hearing to consider ss. Psy 2.14 and 4.02, relating to continuing education and temporary practice. [Hearing date: 1/12/01]
Public Service Commission:
Hearing to consider revision to ch. PSC 116, relating to fuel cost adjustments for electric public utilities. [Hearing date: 1/23/01]
Hearing to consider revision to ch. PSC 163, relating to telecommunications utility price regulation. [Hearing date: 1/18/01]
Workforce Development
Economic Support, Chs. DWD 11-59
Hearing to consider repeal of s. DWD 14.24, relating to stale electronic food stamp accounts. [Hearing date: 1/19/01]
Worker's Compensation, Ch. DWD 80
Hearing to consider revision of s. DWD 80.67, relating to insurer name change or reorganization. [Hearing date: 1/19/01]
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 40
Natural Resources:
(CR 00-087)   -   Ch. NR 101
Natural Resources:
(CR 00-089)   -   Chs. NR 161, 162, and 163
Natural Resources:
(CR 00-090)   -   Chs. NR 700, 716, 720, 722, 726, and       746
Natural Resources:
(CR 00-093)   -   Ch. NR 168
Regulation and Licensing:
(CR 00-106)   -   Chs. RL 121, 125, and 126
Regulation and Licensing:
(CR 00-128)   -   Chs. RL 90, 91, and 92
Regulation and Licensing:
(CR 00-141)   -   Ch. RL 7
Social Workers, marriage and Family Therapists and Professional Counselors:
(CR 00-054)   -   Ch. SFC 8
Rules Published in this Wis. Adm. Register.
Page 41
Commerce:
(CR 99-123)   -   Chs. Comm 81, 82 and 84
Commerce:
(CR 00-86)   -   Ch. Comm. 18
Corrections:
(CR 97-13)   -   Ch. DOC 303
Employee Trust Funds:
(CR 00-116)   -   Ch. ETF 10
Financial Institutions, Division of Securities:
(CR 00-117)   -   Chs. DFI-Sec 2, 3, 4, and 5
Health and Family Services:
(CR 00-95)   -   Ch. HFS 120
Health and Family Services:
(CR 00-114)   -   Ch. HFS 119
Natural Resources:
(CR 00-2)   -   Chs. NR 108, 114, 809 and 811
Natural Resources:
(CR 00-76)   -   Ch. NR 190
Natural Resources:
(CR 00-102)   -   Ch. NR 25
Natural Resources:
(CR 00-103)   -   Ch. NR 10
Nursing:
(CR 00-51)   -   Ch. N 5
Public Instruction:
(CR 98-138)   -   Ch. PI 11
Revenue:
(CR 00-123)   -   Ch. Tax 9
Sections Affected by Rule Revisions and Corrections.
Pages 42 to 44
REVISIONS
Commerce:
Chs. Comm 18, 81, 82, 84
Corrections:
Ch. DOC 303
Employee Trust Funds:
Ch. ETF 10
Financial Institutions -- Securities:
Chs. DFI-Sec 2, 3, 4, 5, and 7
Health and Family Services:
(Health, Chs. HFS 110—)
Chs. HFS 119 and 120
Natural Resources:
Chs. NR 10, 25, 108, 114, 190, 809, and 811
Nursing, Board of:
Ch. N 5
Public Instruction:
Ch. PI 11
Revenue:
Ch. Tax 9
Final Regulatory Flexibility Analyses.
Page 45-46
Executive Orders.
Page 47
Executive Order No. 412
Relating to a proclamation that the flag of the United States and the state of Wisconsin be flown at half-staff as a mark of respect for those brave Americans Who Lost Their Lives as a Result of the Attack on Pearl Harbor.
Erules540B_ann
Emergency rules now in effect
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 - (2)
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.
Statement 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 Dates:   September 19, 2000
Extension Through:   March 8, 2001
Commerce
(PECFA - Chs. Comm 46-47)
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:   October 15, 2000
Hearing Dates:   June 15, July 10 & 12, 2000
Extension Through:   February 11, 2001
Health & Family Services
(Community Services, Chs. HFS 30-)
Rules were adopted creating ch. HFS 79, relating to state supplemental security income payments.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.