No. 543
Publication Date: March 14, 2001
Effective Date: March 15, 2001
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
The 1999-2000 Wisconsin Statutes and Annotations can be ordered now in bound volumes or on the WisLaw® CD-ROM
Bound Volumes:
Prices for the 1999-2000 Wisconsin Statutes and Annotations bound volumes are detailed below. Any sales tax due must be added to these prices:
  Hard Cover     Hard Cover       Soft Cover     Soft Cover
  With Postage     Without Postage     With Postage     Without Postage
  $142.00     $135.00       $117.00     $110.00
Send orders to the Document Sales and Distribution Section at the address below or call (608) 266-3358. Unless exempt by law, all sales are subject to 5% state sales tax and, where applicable, 0.5% county sales tax and 0.1% stadium tax. Prepayment is required for all orders. Payments by check, money order, or credit card should be made payable to WI Department of Administration. Credit card orders using either VISA or MasterCard may be placed by calling (800) 362-7253 or (608) 264-9419. The bound volumes of the statutes will be available in late November 2000.
WisLaw® CD-ROM:
Up-to-date WisLaw® CD-ROMs are released quarterly by the Revisor of Statutes Bureau. WisLaw® contains:
- Wisconsin Statutes and Annotations with Index
- Table of Cross-References and Table of Sections Affected by Acts
- Wisconsin Administrative Code with Index, Administrative Register, and Emergency Rules
- Executive Orders
- Wisconsin Acts with Index
- Supreme Court Rules and Internal Operating Procedures
- Recent Opinions of the Attorney General with Index
- Wisconsin Constitution with Annotations and Index
- U.S. Constitution
- Wisconsin Town Law Forms
- Wisconsin Code of Military Justice
All of the above WisLaw® Infobases are substantially integrated with hypertext links. WisLaw® utilizes
the Windows 95 versions of Folio Views search and retrieval software. Folio is used by 75 of the top 80 legal publishers. State agencies are using WisLaw ® for their legal research. WisLaw® is distributed by the Document Sales and Distribution Section to requesting state agencies on a complimentary basis.
WisLaw® is available only by annual subscription. WisLaw® End-user license and subscription order forms are available at Document Sales or at http://www.legis.state.wi.us/rsb. CDs will be delivered only upon receipt of a signed license and subscription form and full payment. An annual subscription plus a license for no more than one simultaneous user costs $99. Licenses for no more than 4 simultaneous users or for no more than 10 simultaneous users cost $149 or $199, respectively. Shipping is included. Unless exempt by law, all sales are subject to 5% state sales tax and, where applicable, 0.5% county sales tax and 0.1% Wisconsin stadium sales tax.
Orders by FAX will not be accepted; call (608) 266-3358 or TTY (608) 264-8499 or write to:
The State of Wisconsin
Department of Administration
Bureau of Document Services
Document Sales and Distribution Section
P.O. Box 7840
Madison, WI 53707-7840
Table of contents
Emergency rules now in effect.
Pages 3 to 9
Agriculture, Trade and Consumer Protection:
Rule relating to residential rental practices.
Rules relating to importing certain animals from a USDA-designated “non-modified accredited" state.
Rules adopted relating to reimbursement of Johne's disease testing costs.
Rules adopted revising ch. ATCP 80, relating to pathogen testing of ready-to-eat dairy products. [First Appearance]
Flammable and Combustible Liquids, Ch. Comm 10
Rules relating to effective date of required upgrades to above ground bulk tanks.
Rules revising ch. DOC 309 relating to sexually explicit material at adult correctional institutions. [First Appearance]
Employment Relations Commission:
Rules relating to the calculation of a qualified economic offer in collective bargaining with professional school district employees.
Financial Institutions - Securities:
Rules relating to the investment adviser registration depository.
Health & Family Services:
Health, Chs. HFS 110--
Rules relating to certification for removal of lead-based paint hazards.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Rules relating to the stewardship program.
Rules relating to the federal cost sharing program to suppress gypsy moths.
Rules relating to speed limits for snowmobiles.
Public Service Commission:
Rules relating to treatment of confidential records.
Rules relating to cost of fuel.
Tobacco Control Board:
Rules relating to the administration and awarding of grants for tobacco control and establishing criteria for recipients of the grants.
Scope statements.
Pages 10 to 13
Fees, amusement rides and design and construction of public swimming pools.
Fees and Wisconsin uniform plumbing code.
Amusement rides and attractions.
Credentials for residential sprinkler installers.
Relating to community supervision of offenders.
Health and Family Services:
Health care information provided by hospital emergency departments.
Natural Resources:
Standards and criteria for the Lower St. Croix National Scenic Riverway.
Miscellaneous fur, fish, game and outdoor recreation.
Nursing Home Administrator Examining Board:
Conduct that may warrant a suspension or revocation; deadline for applying for an examination; technical changes.
Requirement for vehicles and standards for the equipment used on vehicles.
Submittal of rules to legislative council clearinghouse.
Pages 14 to 15
Ch. Adm 30 - Relating to payroll deductions for charitable purposes.
Agriculture, Trade and Consumer Protection:
Ch. ATCP 29 - Relating to pesticide license fee surcharges.
Ch. DOC 309 - Relating to resources for inmates.
Employment Relations Commission:
Ch. ERC 33 - Relating to the calculation of a qualified economic offer for school district professional employees.
Hearings and Appeals:
Ch. HA 2 - Relating to truth-in-sentencing.
Pharmacy Examining Board:
Ch. Phar 6 relating to minimum equipment.
Social Workers, Marriage and Family Therapists and Professional Counselors:
Relating to background checks.
Relating to supervision of pre-certification supervised practice of social work.
Rule-making notices.
Pages 16 to 19
Agriculture, Trade and Consumer Protection:
Hearing to consider revision to ch. ATCP 161, relating to grants to ethanol producers.
Hearing to consider revision to ch. ATCP 29, relating to pesticide license fee surcharges.
Pharmacy Examining Board:
Hearing to consider s. Phar 6.06, relating to minimum equipment.
Submission of proposed rules to the legislature.
Page 20
Chiropractic Examining Board
(CR 99-147) - Ch. Chir 4
Geologists, Hydrologists and Soil Scientists:
(CR 00-139) - Ch. GHSS 1
Health and Family Services:
(CR 00-191) - Ch. HFS 112
Psychology Examining Board:
(CR 00-170) - Chs. Psy 2 and 4
Social Workers, Marriage and Family Therapists and Professional Counselors:
(CR 00-158) - Ch. SFI 1
(CR 01-001) - Ch. Trans 131
(CR 00-122) - Ch. Trans 158
Workforce Development:
(CR 00-182) - Ch. DWD 14
Rule orders filed with the revisor of statutes bureau.
Page 21
Financial Institutions - Banking:
(CR 00-166) - s. DFI-Bk 8.04
Health and Family Services:
(CR 00-134) - Ch. HFS 97
Natural Resources:
(CR 00-118) - Ch. NR 10
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 - (4)
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.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.