Register

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

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_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.