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Wisconsin
Administrative
Register
No. 542
Publication Date: February 14, 2001
Effective Date: February 15, 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 4 to 11
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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 relating to effective date of required upgrades to above ground bulk tanks.
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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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Employment Relations Commission:
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Rules adopted amending ch. ERC 33, appendices A, B & C, relating to the calculation of a qualified economic offer. [First appearance]
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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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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 12 to 15
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Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors:
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Registration seals or stamps affixed to drawings and specifications to be filed as public documents as original.
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Employment Relations Commission:
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Recodification of rules to bring them into compliance with statutory changes and agency practice.
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Natural Resources:
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Small dam removal grant and abandoned dam removal program.
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Natural Resources:
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Definition of “impoundment", “similar conveyance" and “swim rafts".
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Natural Resources:
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Revision to ch. NR 16, subch. II, relating to permitting the use of natural bodies of water as fish farms.
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Natural Resources:
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Control of mercury air emissions.
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Social Workers, Marriage and Family Therapists and Professional Counselors:
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Requirements for the practice of psychotherapy by advanced practice social workers, independent social workers and independent clinical social workers.
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Social Workers, Marriage and Family Therapists and Professional Counselors:
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Social work course descriptions.
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Social Workers, Marriage and Family Therapists and Professional Counselors:
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Permitting applicants to supplement coursework taken in a non-clinical master's or doctoral degree program.
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Transportation:
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Revision to ch. Trans 401, relating to erosion and storm water management standards for transportation projects.
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Workforce Development:
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Revision to ch. DWD 128 relating to an unemployment insurance requirement that a claimant be able to work and available for work.
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Submittal of rules to legislative council clearinghouse.
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Page 16
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Agriculture, Trade and Consumer Protection:
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Ch. ATCP 48 - Relating to drainage district finances and grants to county drainage boards.
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Workforce Development:
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DWD 290.155 (1) - Relating to the annual adjustment of thresholds for application of prevailing wage rates.
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Rule-making notices.
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Pages 17 to 23
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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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Agriculture, Trade and Consumer Protection:
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Hearing to consider revision to ch. ATCP 48, relating to county drainage board grants and the role of county treasurer.
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Commerce:
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Flammable and Combustible Liquids, Ch. Comm 10
Hearing to consider emergency rule revision to s. Comm 10.345, relating to delaying the effective date of required upgrades to tanks in existence on May 1, 1991.
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Health and Family Services:
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Health, Chs. HFS 110-
Cancellation of hearings for ch. HFS 163.
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Public Instruction:
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Hearings to consider the amendment of ch. PI 18, relating to social studies high school graduation requirements.
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Public Instruction:
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Hearings to consider the amendment of ch. PI 26, relating to the education for employment program.
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Workforce Development:
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Prevailing Wages, Chs. 290-294
Hearing to consider revision to s. DWD 290.155 (1), relating to the annual adjustment of thresholds for application of prevailing wage rates.
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Submission of proposed rules to the legislature.
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Page 24
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Chiropractic Examining Board:
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Commerce:
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Elections Board:
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Pharmacy Examining Board:
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Pharmacy Examining Board:
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Public Instruction:
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Regulation and Licensing:
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Veterinary Examining Board:
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Workforce Development:
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Rule orders filed with the revisor of statutes bureau.
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Page 25
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Public Service Commission:
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Public notice.
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Page 26
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Agriculture, Trade and Consumer Protection
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Relating to dollar amount adjustments for repair charges subject to mechanic's liens.
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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:
April 16, 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 Date:
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 Date:
February 13, 2002
Commerce
(Flammable and Combustible Liquids - 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
Hearing Date:
February 27, 2001
[See Notice this Register]
Commerce
(Ch. Comm 46)
