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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
Table of contents
Emergency rules now in effect.
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Pages 5 to 12
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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 relating to reimbursement of Johne's disease testing costs.
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Commerce:
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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]
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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 relating to the Investment Adviser Registration Depository.
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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 relating to cost of fuel.
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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 13 to 15
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Administration:
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Payroll deduction for charitable purposes.
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Agriculture, Trade and Consumer Protection:
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Pesticide product restrictions; Atrazine pesticides.
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Agriculture, Trade and Consumer Protection:
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Cheese grading, packaging and labeling.
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Financial Institutions - Securities:
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Rules to adopt for use and to implement in Wisconsin, the Investment Adviser Registration Depository.
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Natural Resources:
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Revision of chs. NR 20 and NR 25, relating to commercial fishing - outlying waters and fishing inland waters and outlying waters.
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Workforce Development:
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Relating to locally-matched child care grants.
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Submittal of rules to legislative council clearinghouse.
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Page 16
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Natural Resources:
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NR 415 - relating to control of particulate matter emissions.
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Regulation and Licensing:
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Relates to the regulation of professional boxing.
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Transportation:
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Trans 131 - relating to motor vehicle emissions inspection program.
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Rule-making notices.
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Pages 17 to 26
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Agriculture, Trade and Consumer Protection:
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Hearing to consider emergency rule to create s. ATCP 10.21 (10) (c) and (15) relating to reimbursement of Johne's disease testing costs.
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Health and Family Services:
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Health, Chs. HFS 110 -
Hearings to consider ch. HFS 163, relating to lead abatement certification.
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Natural Resources:
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Environmental Protection - Air Pollution Control, Chs. NR 400 -
Hearings to consider ch. NR 415, relating to control of particulate matter emissions.
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Pharmacy Examining Board:
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Hearing to consider revision to s. Phar 7.05, relating to transfer of prescription orders.
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Regulation and Licensing:
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Hearing to consider revision to chs. RL 110 to 114, relating to professional boxing.
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Transportation:
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Hearing to consider revision to ch. Trans 131, relating to the motor vehicle emissions inspection program.
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Submission of proposed rules to the legislature.
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Page 27
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Commerce:
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Financial Institutions - Banking:
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Health and Family Services:
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Health and Family Services:
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Natural Resources:
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Natural Resources:
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Public Service Commission:
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Rule orders filed with the revisor of statutes bureau.
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Page 28
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Commerce:
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Public Service Commission:
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Rules published with this register and final regulatory flexibility analyses.
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Pages 29 to 32
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Agriculture, Trade and Consumer Protection:
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Agriculture, Trade and Consumer Protection:
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Health and Family Services:
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Health and Family Services:
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Insurance, Commissioner of:
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Natural Resources:
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Natural Resources:
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(CR 00-090) - Chs. NR 700, 716, 720, 722, 726 and 746
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Natural Resources:
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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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Regulation and Licensing:
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Regulation and Licensing:
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Regulation and Licensing:
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Regulation and Licensing:
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Regulation and Licensing:
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Social Workers, Marriage and Family Therapists and Professional Counselors:
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Transportation:
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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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Sections affected by rule revisions and corrections.
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Pages 33 to 35
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Revisions
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Agriculture, Trade and Consumer Protection:
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Chs. ATCP 75 and 136
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Health and Family Services:
(Health, Chs. HFS 110-)
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Chs. HFS 175 and 196
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Insurance, Commissioner of:
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Ch. Ins 23
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Natural Resources:
(Environmental Protection-General, Chs. NR 100-)
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Chs. NR 101 and 168
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Natural Resources:
(Environmental Protection-Air Pollution Control, Chs. NR 400-)
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Chs. NR 400, 406, 407, 410, 419, 422, 423, 428, 439, 484 and 485
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Natural Resources:
(Environmental Protection-Investigation and Remediation, Chs. NR 700-)
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Chs. NR 700, 716, 720, 722, 726 and 746
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Regulation and Licensing:
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Chs. RL 7, 17, 24, 30, 31, 32, 33, 34, 35, 90, 91, 92, 121 and 126
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Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board:
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Ch. SFC 8
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Transportation
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Chs. Trans 4, 156, 231 and 233
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Workforce Development:
(Economic Support, Chs. DWD 11-59)
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Chs. DWD 12, 16 and 56
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Editorial Corrections
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Insurance, Commissioner of:
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Ch. Ins 23
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Natural Resources:
(Environmental Protection-Air Pollution Control, Chs. NR 400-)
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Chs. NR 400, 410, 428, 439 and 485
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Natural Resources:
(Environmental Protection-Investigation and Remediation, Chs. NR 700-)
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Chs. NR 702, 704 and 720
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Public Service Commission:
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Ch. PSC 113
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Workforce Development:
(Economic Support, Chs. DWD 11-59)
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Chs. DWD 12 and 56
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Errata
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Public Instruction:
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Ch. PI 35
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Transportation:
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Ch. Trans 103
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Sections affected by revisor's corrections not published.
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Page 36
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Executive orders.
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Page 37
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Executive Order No. 413
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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.
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Executive Order No. 414
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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.
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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
Hearing Dates:
February 13, 2002 [See notice this register]
Commerce
(Flammable and Combustible - Ch. Comm 10)
Rules adopted revising s. Comm 10.345
, relating to the effective date of required upgrades to aboveground bulk tanks that were in existence on May 1, 1991.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that the adoption of a rule is necessary for the immediate preservation of public health, safety and welfare. The facts constituting the emergency are as follows:
Wisconsin Administrative Code ch. Comm 10, Flammable and Combustible Liquids Code, became effective on 5/1/91. Section Comm 10.345 (2) contains requirements for bulk tanks in existence on that date to be provided with specific containment or leak detection upgrades within 10 years of that date. Some concerns have been expressed on the impact that compliance date could have on heating oil supplies and prices this winter. Construction requirements could result in a substantial number of tanks storing heating oil to be closed during the winter heating season in preparation for the required upgrades.
Based on these concerns, the department has agreed to extend the compliance deadline for 3 months until 8/1/01 if approvable tank system upgrade plans have been submitted to the department by 2/1/01.
Publication Date:
January 6, 2001
Effective Date:
January 6, 2001
Expiration Date:
June 4, 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)
