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Cover
Wisconsin
Administrative
Register
No. 541
Publication Date: January 31, 2001
Effective Date: February 1, 2001
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
TOC_JanB
Table of contents
Emergency rules now in effect.
Pages 5 to 12
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 adopted relating to reimbursement of Johne's disease testing costs.
Commerce:
Flammable and Combustible Liquids, Ch. Comm 10
Rules adopted revising s. Comm 10.345 relating to effective date of required upgrades to above ground bulk tanks. [First appearance]
Commerce:
PECFA, Chs. Comm 46-47
Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities.
Financial Institutions - Securities:
Rules relating to the Investment Adviser Registration Depository.
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 the stewardship program.
Rules relating to cost sharing program to suppress gypsy moths.
Rules adopted relating to speed limits for snowmobiles.
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.
Rules relating to cost of fuel.
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 13 to 15
Administration:
Payroll deduction for charitable purposes.
Agriculture, Trade and Consumer Protection:
Pesticide product restrictions; Atrazine pesticides.
Agriculture, Trade and Consumer Protection:
Cheese grading, packaging and labeling.
Financial Institutions - Securities:
Rules to adopt for use and to implement in Wisconsin, the Investment Adviser Registration Depository.
Natural Resources:
Revision of chs. NR 20 and NR 25, relating to commercial fishing - outlying waters and fishing inland waters and outlying waters.
Workforce Development:
Relating to locally-matched child care grants.
Submittal of rules to legislative council clearinghouse.
Page 16
Natural Resources:
NR 415 - relating to control of particulate matter emissions.
Regulation and Licensing:
Relates to the regulation of professional boxing.
Transportation:
Trans 131 - relating to motor vehicle emissions inspection program.
Rule-making notices.
Pages 17 to 26
Agriculture, Trade and Consumer Protection:
Hearing to consider emergency rule to create s. ATCP 10.21 (10) (c) and (15) relating to reimbursement of Johne's disease testing costs.
Health and Family Services:
Health, Chs. HFS 110 -
Hearings to consider ch. HFS 163, relating to lead abatement certification.
Natural Resources:
Environmental Protection - Air Pollution Control, Chs. NR 400 -
Hearings to consider ch. NR 415, relating to control of particulate matter emissions.
Pharmacy Examining Board:
Hearing to consider revision to s. Phar 7.05, relating to transfer of prescription orders.
Regulation and Licensing:
Hearing to consider revision to chs. RL 110 to 114, relating to professional boxing.
Transportation:
Hearing to consider revision to ch. Trans 131, relating to the motor vehicle emissions inspection program.
Submission of proposed rules to the legislature.
Page 27
Commerce:
(CR 00-126) - Ch. Comm 5
Financial Institutions - Banking:
(CR 00-166) - Ch. DFI-Bkg 8.04
Health and Family Services:
(CR 00-134) - Ch. HFS 97
Health and Family Services:
(CR 00-150) - Ch. HFS 79
Natural Resources:
(CR 00-112) - Ch. NR 7
Natural Resources:
(CR 00-118) - Ch. NR 10
Public Service Commission:
(CR 00-065) - Ch. PSC 118
Rule orders filed with the revisor of statutes bureau.
Page 28
Commerce:
(CR 00-75)   - Ch. Comm 20-25
Public Service Commission:
(CR 00-113)   - Ch. PSC 132
Rules published with this register and final regulatory flexibility analyses.
Pages 29 to 32
Agriculture, Trade and Consumer Protection:
(CR 00-060) - Ch. ATCP 75
Agriculture, Trade and Consumer Protection:
(CR 00-104) - Ch. ATCP 136
Health and Family Services:
(CR 99-157) - Ch. HFS 175
Health and Family Services:
(CR 00-059) - Ch. HFS 196
Insurance, Commissioner of:
(CR 00-120) - Ch. Ins 23
Natural Resources:
(CR 00-087) - Ch. NR 101
Natural Resources:
(CR 00-090) - Chs. NR 700, 716, 720, 722, 726 and 746
Natural Resources:
(CR 00-093) - Ch. NR 168
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
Regulation and Licensing:
(CR 00-100) - Chs. RL 30 to 35
Regulation and Licensing:
(CR 00-105) - Chs. RL 17, 24 and 25
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
Transportation:
(CR 00-109) - Chs. Trans 231 and 233
Transportation:
(CR 00-121) - Ch. Trans 156
Transportation:
(CR 00-137) - Ch. Trans 4
Workforce Development:
(CR 00-066) - Ch. DWD 16
Workforce Development:
(CR 00-129) - Chs. DWD 12 and 56
Sections affected by rule revisions and corrections.
Pages 33 to 35
Revisions
Agriculture, Trade and Consumer Protection:
Chs. ATCP 75 and 136
Health and Family Services:
(Health, Chs. HFS 110-)
Chs. HFS 175 and 196
Insurance, Commissioner of:
Ch. Ins 23
Natural Resources:
(Environmental Protection-General, Chs. NR 100-)
Chs. NR 101 and 168
Natural Resources:
(Environmental Protection-Air Pollution Control, Chs. NR 400-)
Chs. NR 400, 406, 407, 410, 419, 422, 423, 428, 439, 484 and 485
Natural Resources:
(Environmental Protection-Investigation and Remediation, Chs. NR 700-)
Chs. NR 700, 716, 720, 722, 726 and 746
Regulation and Licensing:
Chs. RL 7, 17, 24, 30, 31, 32, 33, 34, 35, 90, 91, 92, 121 and 126
Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board:
Ch. SFC 8
Transportation
Chs. Trans 4, 156, 231 and 233
Workforce Development:
(Economic Support, Chs. DWD 11-59)
Chs. DWD 12, 16 and 56
Editorial Corrections
Insurance, Commissioner of:
Ch. Ins 23
Natural Resources:
(Environmental Protection-Air Pollution Control, Chs. NR 400-)
Chs. NR 400, 410, 428, 439 and 485
Natural Resources:
(Environmental Protection-Investigation and Remediation, Chs. NR 700-)
Chs. NR 702, 704 and 720
Public Service Commission:
Ch. PSC 113
Workforce Development:
(Economic Support, Chs. DWD 11-59)
Chs. DWD 12 and 56
Errata
Public Instruction:
Ch. PI 35
Transportation:
Ch. Trans 103
Sections affected by revisor's corrections not published.
Page 36
Executive orders.
Page 37
Executive Order No. 413
Relating to a proclamation that the entire county of Milwaukee be in a state of emergency because of severe damage to the Hoan bridge due to cold weather.
Executive Order No. 414
Relating to a proclamation that a state of emergency exists in Dane, Door, Green, Jefferson, Kenosha, Kewaunee, Manitowoc, Milwaukee, Ozaukee, Racine, Rock, Sheboygan, Walworth and Waukesha counties because of severe winter weather.
Erules541_JanB
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.
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