No. 543
Publication Date: March 31, 2001
Effective Date: April 1, 2001
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
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Table of contents
Emergency rules now in effect.
Pages 4 to 11
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 relating to pathogen-tests on ready-to-eat dairy products.
Flammable and Combustible Liquids, Ch. Comm 10
Rules relating to effective date of required upgrades to above ground bulk tanks.
Rules relating to sexually explicit material at adult correctional institutions.
Employment Relations Commission:
Rules relating to the calculation of a qualified economic offer.
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 cost sharing program to suppress gypsy moths.
Rules adopted relating to speed limits for snowmobiles.
Environmental Protection - Investigation and Remediation, Chs. NR 700--
Rules adopted creating ch. NR 754 , relating to environmental insurance requirements.
[First Appearance]
Public Service Commission:
Rules relating to handling of confidential information.
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 12 to 14
Financial Institutions-Savings Banks:
Financial Institutions-Savings and Loan:
Investments in development companies.
Investments in development companies.
Notes to annual audited financial statements.
Natural Resources:
Relating to commercial fishing rule changes.
Rule development for pen standards for captive animals and for the use of captive bear for bear dog training and bear dog trials.
Safe drinking water regulations for radionuclides.
Trip permits for mobile homes/manufactured homes.
Addition of segment of State Highway 48 to extended truck routes.
Submittal of rules to legislative council clearinghouse.
Page 15
Agriculture, Trade and Consumer Protection:
Chs. ATCP 92, 1, 29, 30, 57, 91, 98, 101, 109, 110, 111, 116, and 121 - relating to minor drafting changes to current department rules.
Medical Examining Board:
Relating to the USMLE examination.
Relating to prescribing or dispensing schedule II amphetamines or schedule II anorectics.
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:
Relating to professional counselor training certificates.
Relating to conforming existing rules to present practices and to other rules.
Rule-making notices.
Pages 16 to 31
Agriculture, Trade and Consumer Protection:
Hearing to consider proposed changes to ch. ATCP 29, relating to pesticide license fee surcharges.
Hearing on proposed rules relating to minor remedial drafting changes to department rules.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors:
Hearing to consider an order to create s. A-E 2.02 (7), relating to seals and stamps.
Hearing relating to classification, assessment and evaluation, and program review.
Natural Resources:
Fish, Game, etc., Chs. NR 1—
Relating to the cooperating forester program.
Relating to boating safety and enforcement.
Relating to public use of department lands.
Environmental protection - Remediation, Chs. NR 700
Hearing to consider ch. NR 754, relating to environmental insurance requirements for liability exemptions for voluntary remediation.
Public Service Commission:
Hearing to consider a revision to ch. PSC 185, relating to standards for water public utility service.
Social Workers, Marriage and Family Therapists and Professional Counselors:
Hearing to consider an amendment to s. SFC 4.01 (1) (b) 1. and 2., relating to supervision of precertification supervised practice of social work.
Hearing to consider an amendment to s. SFC 3.13 (1) (c), relating to background checks.
Submission of proposed rules to the legislature.
Page 32
Tobacco Control Board:
(CR 00-173) - Ch. TCB 1
Workforce Development:
(CR 01-005) - S. DWD 290.155 (1)
Rule orders filed with the revisor of statutes bureau
Page 33
Agriculture, Trade and Consumer Protection:
(CR 00-119) - Ch. ATCP 30
(CR 00-145) - Ch. ATCP 11
Health and Family Services:
(CR 00-150) - Ch. HFS 79
Public Instruction:
(CR 00-083) - Ch. PI 14
(CR 00-152) - Ch. Trans 201
Workforce Development:
(CR 00-108) - Ch. DWD 42
Rules published with this register and final regulatory flexibility analysis.
Page 34
(CR 00-73) - Chs. Comm 20-25
Natural Resources:
(CR 00-118) - Ch. NR 10
Sections affected by rule revisions and corrections.
Pages 35 to 36
Sections affected by revisor's corrections not published.
Pages 37 to 38
Executive orders.
Page 39
Executive Order No. 418
Relating to a proclamation that the US and Wisconsin state flags be flow at half-staff for Assistant Fire Chief Dana Johnson of the Grantsburg Volunteer Fire Department.
Executive Order No. 1
Relating to the findings of Governor's task force on racial profiling.
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.