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)
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
Financial Institutions - Division of Securities
Rules adopted revising ch. DFI-Sec 5, relating to adopting for use in Wisconsin the Investment Adviser Registration Depository.
Finding of Emergency
The Division of Securities of the Department of Financial Institutions for the State of Wisconsin finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency follows:
The U.S. Securities and Exchange Commission (“SEC"), in conjunction with the North American Securities Administrators Association (“NASAA"), an organization comprised of the securities administrators of all 50 states, including Wisconsin, has developed an electronic filing system for licensure of investment advisers to replace the paper filing system which heretofore has been used in all states. The system, the Investment Adviser Registration Depository (IARD), will permit investment advisers to satisfy their initial and renewal filing obligations to obtain licensure under the federal and state securities laws with a single electronic filing made over the Internet, instead of having to make separate paper filings with the SEC and with each state in which the investment adviser seeks to do business.
After several years in development and a pilot phase in the fall of 2000 that the Division participated in, the commencement date for states and the SEC to accept filings under the IARD has been set for January 1, 2001. Consequently, NASAA member states, including Wisconsin, need to take the necessary rule-making or other regulatory action by January 1, 2001 to enable investment advisers to make their licensing filings electronically. The Emergency Rules make the necessary changes to the Division's investment adviser license filing provisions that are immediately needed to adopt the IARD for use in Wisconsin by investment advisers.
The IARD will be operated by NASD Regulation, Inc., a self-regulatory organization that for 20 years has operated an equivalent electronic filing system (the Central Registration Depository or “CRD") for federal and state licensure of securities broker-dealers and their sales agents. As with the CRD, the IARD will provide the advantages of: (1) elimination of paper filings; (2) a single filing will satisfy federal and state filing requirements; and (3) automatic payment of state licensing fees to the states where the investment adviser does business. Additionally and importantly, the IARD will provide the investing public with immediate, real-time access to information about investment advisers and their representatives.
Congress in its passage of the National Securities Markets Improvement Act in 1996 provided for the development of this electronic filing system for investment advisers, and the SEC has adopted rules mandating such. The SEC and the states have been working together to develop both the necessary changes to the filing form (Form ADV), and to the filing procedures to achieve uniformity in the filing processes and procedures. Additionally, to achieve uniformity among the states in the adoption of rules implementing the IARD, a NASAA Working Group has developed Model Rules (with commentary) to coordinate with the SEC requirements. The Wisconsin Emergency Rules adopted herein follow the NASAA Model Rules.
The Emergency Rules provide for: (1) a revised Licensing Procedure section in s. DFI-Sec 5.01 (1) and (2); (2) temporary and permanent hardship exemption provisions in s. DFI-Sec 5.01 (11); (3) a revised brochure rule in s. DFI-Sec 5.05(8); (4) revised filing periods and license expiration dates for licenses of investment advisers and investment adviser representatives, as well as for license withdrawals in ss. DFI-Sec 5.07 and 5.08; (5) a revised procedure for filings by federal covered advisers in s. DFI-Sec 5.11; and (6) a specific section in s. DFI-Sec 5.12 dealing with transition filings. Separate from these Emergency Rules, the Division will be issuing General Orders to further implement timing for various categories of filers, and which will provide partial fee rebates for 2001 for the smaller, state-only licensed advisers to help defray the initial one-time fee (of $150) they must pay for their initial participation in the IARD.
Publication Date:
December 29, 2000
