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Table of contents
Emergency rules now in effect.
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Pages 4 to 10
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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 adopted creating s. ATCP 10.21 (10) (c) and (15), relating to reimbursement of Johne's disease testing costs. [First appearance]
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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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Financial Institutions - Securities:
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Rules adopted revising chs. DFI-Sec 1 and 5, relating to the Investment Adviser Registration Depository.
[First appearance]
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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 certification for removal of lead-based paint hazards.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1--
Rules relating to the stewardship program.
Rules relating to cost sharing program to suppress gypsy moths.
Rules adopted relating to speed limits for snowmobiles.
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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 on confidential information.
Rules adopted amending s. PSC 116.06, relating to cost of fuel.
[First Appearance]
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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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Scope statements.
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Pages 11 to 12
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Administration:
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Establishing fees for certain high voltage transmission lines.
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Hearings and Appeals:
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Creating rules for the administrative revocation of Truth-in-Sentencing Extended Supervision.
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Natural Resources:
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NR 8 - Relating to standards and procedures for the automated license issuance system regarding authorization to issue approvals and purchasing approvals for another person.
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Natural Resources:
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Authorization to form a task force to develop recommendations for statutory and administrative rule revisions of recordkeeping requirements and procedures for licensed sport trollers.
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Natural Resources:
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Development of an environmental management system (EMS) applicable to the development of waste policy.
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Workforce Development:
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Relating to annual of thresholds for application of prevailing wage rates.
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Notices of submittal of proposed rules to Wisconsin legislative council rules clearinghouse.
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Page 13
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Insurance Commissioner:
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Ins 3 - relating to long term care insurance.
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Ins 25 - relating to privacy of personal information.
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Public Instruction:
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PI 18 - relating to social studies high school graduation requirements.
PI 26 - relating to the education for employment program.
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Public Service Commission:
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PSC 2 - relating to practice and procedure before the Commission.
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Rulemaking notices.
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Pages 14 to 23
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Agriculture, Trade and Consumer Protection:
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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]
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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]
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Insurance:
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Hearing to consider revision to ss. Ins 3.455 and 3.46, relating to long term care insurance. [Hearing date: 1/29/01]
Hearing to consider ch. Ins 25, relating to privacy of personal nonpublic information. [Hearing date: 1/31/01]
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Public Service Commission:
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Hearing to consider revision to ch. PSC 2, relating to practice and procedure before the commission. [Hearing date: 1/26/01]
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Notice of submission of proposed rules to the Legislature.
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Page 24
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Agriculture, Trade and Consumer Protection:
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Transportation:
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Administrative rules filed with the Revisor of Statutes Bureau.
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Page 25
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Agriculture, Trade and Consumer Protection:
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Athletic Trainers Affiliated Credentialing Board:
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Commerce:
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Health and Family Services:
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Health and Family Services:
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Pharmacy Examining Board:
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Transportation:
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Transportation:
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Workforce Development:
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Workforce Development:
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Workforce Development:
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( CR 00-127) - chs. DWD 22 and HSS 205, 206, 207, 225, and 244
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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 - (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 Dates:
September 19, 2000
Extension Through:
March 8, 2001
3. Rules adopted creating s. ATCP 10.21 (10) (c) and (15) relating to reimbursement of Johne's disease testing costs.
Finding of Emergency
The state of Wisconsin department of agriculture, trade and consumer protection (“department") finds that an emergency exists and that an emergency rule is necessary to protect public health, safety and welfare. The facts constituting the emergency are as follows:
1. 1999 Wisconsin Act 9 was published on October 28, 1999. It appropriates $100,000 for financial assistance to owners of livestock herds for conducting testing for Johne's disease (paratuberculosis) for FY 2000-01. It requires the department to provide the financial assistance.
2. 1999 Wisconsin Act 9 requires the department to promulgate rules for implementing the financial assistance program.
3. Permanent rules establishing the program will not take effect before June 1, 2001. This emergency rule establishes an interim procedure which will allow owners of livestock herds to apply for grants under this program. Without this rule, no person would be able to apply for a grant in FY 2000-01 until at least June 1, 2001, and the department would have insufficient time to review and process the grant requests before the end of the fiscal year.
Publication Date:
January 1, 2001
Effective Date:
January 1, 2001
Expiration Date:
May 31, 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.