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Table of contents
Emergency rules now in effect.
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Pages 6 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 relating to effective date of required upgrades to above ground bulk tanks.
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Employment Relations Commission:
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Rules relating to the calculation of a qualified economic offer.
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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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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 13 to 16
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Barbering and Cosmetology Examining Board:
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Disinfection expectations for barbering and cosmetology, aesthetics, electrology and manicuring implements.
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Barbering and Cosmetology Examining Board:
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To permit a person leasing a chair or booth in an establishment to relocate to another chair or booth without requiring application for a new establishment license.
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Barbering and Cosmetology Examining Board:
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To permit an establishment owner to operate an establishment temporarily without a licensed manager.
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Barbering and Cosmetology Examining Board:
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Process for issuing and processing citations for disciplinary forfeitures.
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Barbering and Cosmetology Examining Board:
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To prohibit the use of methyl methacrylate monomer (MMA) in liquid form, or any cosmetic or nail service product formulated with MMA as one of its ingredients.
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Controlled Substances Board:
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Classification of dihydroetorphine as a schedule II controlled substance.
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Controlled Substances Board:
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To create an exemption for the legitimate possession and use of gamma-butyrolactone for industrial, scientific research, food industry uses and other uses.
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Funeral Directors Examining Board:
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Relating to funeral director licensing examination, continuing education and apprenticeships.
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Health and Family Services:
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Relating to the use of force to prevent escapes and to recapture escaped persons under ch. 980, Stats., and to provide security at facilities housing such persons.
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Natural Resources:
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Revision of ch. NR 166 relating to the safe drinking water loan program and various updates and improvements.
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Natural Resources:
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Rule to incorporate the California Air Resources Board's heavy-duty diesel engine rules which regulate emissions of NOx , beginning Model Year 2005.
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Natural Resources:
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Relating to the establishment of the 2001 migratory game bird hunting seasons.
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Natural Resources:
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Revision of ch. NR 410, relating to an increase in asbestos inspection fees.
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Public Instruction:
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Revision of ch. PI 35, relating to Milwaukee school choice program.
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Submittal of rules to legislative council clearinghouse.
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Page 17 to 19
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Agriculture, Trade and Consumer Protection:
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Ch. ATCP 161 - relating to grant payments to ethanol producers.
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Health and Family Services:
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Chs. HFS 172, 175, 178, 196, 197, and 198 - relating to increasing permit fees for the operation of public swimming pools, recreational and educational camps, campgrounds, hotels and motels, tourist rooming houses, restaurants, bed and breakfast establishments and food and beverage vending operations and commissaries.
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Natural Resources:
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Chs. NR 5 and 50 - relating to boating safety and enforcement.
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Natural Resources:
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Chs. NR 1 and 45 - relating to public use of department lands.
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Natural Resources:
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Ch. NR 714 - relating to notification of affected landowners when off-site contamination is detected, and notification to the public when an environmental investigation is required at a leaking underground storage tank site.
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Natural Resources:
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Section NR 45.045 - relating to demonstrations on certain types of DNR properties.
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Natural Resources:
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Chs. NR 10, 12, and 19 - relating to hunting, trapping and nuisance wildlife control.
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Natural Resources:
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Chs. NR 20, 21, and 50 - relating to fishing on the inland, outlying and boundary waters of Wisconsin and fish rearing pond grants.
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Natural Resources:
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Ch. NR 199 - relating to the establishment of municipal flood control and riparian restoration grants.
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Natural Resources:
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Chs. NR 1, 10, 11, 16, 17, and 45, relating to hunting, trapping and captive wildlife.
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Natural Resources:
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Chs. NR 20 and 26 - relating to sport fishing on the inland, outlying and boundary waters and fish refuges on the inland waters of Wisconsin.
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Rule-making notices.
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Pages 20 to 37
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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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Agriculture, Trade and Consumer Protection:
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Hearing to consider revision to ch. ATCP 161, relating to grants to ethanol producers.
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Financial Institutions—Securities:
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Hearing to consider revisions to ch. DFI-Sec 5, relating to the Investment Advisor Registration Depository.
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Health and Family Services:
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Health, Chs. HFS 110—
Hearings to consider revision to chs. HFS 172, 175, 178, and 195 to 198, relating to an increase in permit and related fees for operation of public swimming pools, recreational and educational camps, campgrounds, hotels and motels, tourist rooming houses, restaurants, bed and breakfast establishments and food and beverage vending operations and commissaries.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1—
Hearing to consider changes in chs. NR 10, 12 and 19, relating to hunting, trapping and nuisance wildlife control.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1—
Hearing to consider revisions to chs. NR 20 and 21 and the repeal of s. NR 50.20, relating to fishing on the inland, outlying and boundary waters of Wisconsin and fish rearing ponds.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1—
Hearings to consider revision to chs. NR 20 and 26, relating to sport fishing on the inland, outlying and boundary waters and fish refuges on the inland waters of Wisconsin.
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Natural Resources:
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Environmental Protection—General, Chs. NR 100—
Environmental Protection—WPDES, Chs. NR 200—
Hearings to consider revision to ch. NR 120, creation of chs. NR 151 to 155, and revisions to chs. NR 216 and 243, relating to watershed management, soil erosion control and storm water management ordinances, runoff management, urban nonpoint source and storm water management, storm water discharge permits and animal feeding operations.
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Natural Resources:
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Environmental Protection—General, Chs. NR 100—
Hearings to consider revision to ch. NR 199, relating to the municipal flood control and riparian restoration grant program.
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Natural Resources:
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Environmental Protection—Remediation, etc., Chs. NR 700—750
Hearings to consider revision to ss. NR 714.05 and 714.07, relating to notification of affected landowners when off-site contamination is detected and when there is a leaking underground storage tank site.
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Submission of proposed rules to the legislature.
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Page 38
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Agriculture, Trade and Consumer Protection:
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Agriculture, Trade and Consumer Protection:
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Dentistry Examining Board:
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Health and Family Services:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Public Service Commission:
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Rules published with this register and final regulatory flexibility analysis.
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Pages 39 to 41
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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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Natural Resources:
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Pharmacy Examining Board:
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Public Service Commission:
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Public Service Commission:
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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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Sections affected by rule revisions and corrections.
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Pages 42 to 43
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Revisions
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Athletic Trainers Affiliated Credentialing Board:
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Chs. AT 1 to 5 (entire code)
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Commerce:
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Ch. Comm 46
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Health and Family Services:
(Health, Chs. HFS 110—)
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Ch. HFS 110
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Health and Family Services:
(Economic Support, Chs. HSS 200—)
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Chs. HSS 205 to 207, 225, and 244
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Natural Resources:
(Environmental Protection—General, Chs. NR 100—)
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Chs. NR 161 to 163
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Pharmacy Examining Board:
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Ch. Phar 8
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Public Service Commission:
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Ch. PSC 132
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Workforce Development:
(Economic Support, Chs. DWD 11—59)
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Ch. DWD 22
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Editorial corrections
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Administration:
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Ch. Adm 65
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Agriculture, Trade and Consumer Protection:
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Ch. ATCP 70
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Health and Family Services:
(Economic Support, Chs. HSS 200—)
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Chs. HSS 211 and 230
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Natural Resources:
(Environmental Protection—Investigation and Remediation, Chs. NR 700—)
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Ch. NR 710
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Sections affected by revisor's corrections not published.
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Pages 44 to 49
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Executive orders.
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Page 50
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Executive Order No. 415
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Relating to the amendment of Executive Order No. 411.
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Executive Order No. 416
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Relating to a statement of direction regarding proper software license compliance.
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Executive Order No. 417
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Relating to winter heating season energy conservation measures for facilities owned by the State of Wisconsin.
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Public notices.
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Page 51
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Workforce Development:
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Relating to the Temporary Assistance for Needy Families (TANF) block grant program.
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Transportation:
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Relating to effective dates for all provisions of 1997 Wis. Act 84.
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Notice of nonacquiescence.
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Page 52
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Tax Appeals Commission:
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Efrem V. Fudim, Petitioner v. Wisconsin Dept. of Revenue, Respondent.
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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
Employment Relations Commission
Rules were adopted amending ch. ERC 3, Appendices A, B and C relating to the calculation of a qualified economic offer in collective bargaining with professional school district employees.
Finding of Emergency
As required by s. 227.24 (1), Stats., we find that it is necessary to promulgate the amendment to ch. ERC 33, Appendices A, B, and C as an emergency rule to preserve the public peace, health, safety and welfare. Absent promulgation of this emergency rule, the timely and peaceful resolution of collective bargaining disputes in Wisconsin will be endangered.
The amendment of ch. ERC 33, Appendices A, B and C is required by 1999 Wisconsin Act 9's amendment of the statutory definition of a qualified economic offer in s. 111.70(1)(nc)1.c., Stats., and the ruling of the Wisconsin Court of Appeals in Racine Education Ass'n v. WERC, 238, Wis.2d 33 (2000). The amended statutory definition of qualified economic offer first applies to school district professional employee bargaining agreements covering the period of July 1, 2001 through June 30, 2003.
As amended, ch. ERC 33, Appendices A, B and C allow a school district to accurately calculate the level of salary increase, if any, which the district must offer to the labor organization representing the district's professional employees as part of a qualified economic offer. As amended, ch. ERC 33, Appendices A, B and C implement (1) the statutory requirement that salary increases due to a promotion or the attainment of increased professional qualifications are not part of a qualified economic offer; and (2) the ruling of the Court in Racine Education Ass'n v. WERC that a qualified economic offer cannot exceed a 3.8% increase in salary and fringe benefit costs.
Publication Date:
January 22, 2001
Effective Date:
January 22, 2001
Expiration Date:
June 20, 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
Effective Date:
January 1, 2001
