Table of Contents

Wisconsin Administrative Register No. 657

Published by the Legislative Reference Bureau

Table of Contents

Emergency Rules Now in Effect.
Agriculture, Trade and Consumer Protection:	Creates s. ATCP 70.03 (7) (e) and (f), relating to food processing plant license exemptions for certain home-canners and maple sap processors. EmR1012
Children and Families:	Safety and Permanence, Chs. DCF 37-59 Revises Chs. DCF 56 and 58, relating to foster care and kinship care. EmR0937
	Creates ss. DCF 57.485 and 57.49 (1) (am), relating to determination of need for new group homes. EmR1034 [First Appearance]
	Family and Economic Security, Chs. DCF 101-153 Creates Ch. DCF 110, relating to transitional jobs for low-income adults. EmR1024
	Early Care and Education, Chs. DCF 201-252 Revises Ch. DCF 201, relating to authorized hours of subsidized child care and affecting small businesses. EmR1015
	Revises Ch. DCF 201, relating to child care subsidy program integrity. EmR1027
Commerce:	Wis. Commercial Building Code, Chs. Comm 60-66 Creates s. Comm 62.0400 (5), relating to no smoking signs. EmR1022
	Financial Resources for Businesses and Communities, Chs. Comm 104— Creates Ch. Comm 121, relating to the small business innovation research assistance program, and affecting small businesses. EmR1013
	Creates Ch. Comm 135, relating to tax credits for investments in food processing plants and food warehouses. EmR1019
	Creates Ch. Comm 139, relating to rural outsourcing grants. EmR1026
	Repeals and recreates Ch. Comm 137, relating to reallocations for recovery zone facility bonds as established under the federal American Recovery and Reinvestment Act of 2009, and affecting small businesses. EmR1029
Corrections:	Revises Ch. DOC 302, relating to sentence calculations and prison release and to administrative review of inmate classification decisions. EmR0939
Earned Release Review Commission: (Formerly Parole Commission)	Revises Ch. PAC 1, relating to the release of inmates through parole or other procedures. EmR0940
Government Accountability Board:	Creates s. GAB 1.91, relating to organizations making independent disbursements. EmR1016
Health Services:	Revises Ch. DHS 137, relating to anatomical gifts and the Wisconsin Donor Registry. EmR1009
Insurance:	Creates s. Ins 3.75, relating to continuation of group health insurance policies. EmR0925
	Creates s. Ins 3.75 (8), relating to the continuation of group health insurance policies. EmR0945
	Creates s. Ins 3.36, relating to treatment of autism spectrum disorders and affecting small business. EmR1005
	Revises Ch. Ins 17, relating to annual injured patients and families compensation fund fees and medical mediation panel fees for the fiscal year beginning July 1, 2010, and may have an effect on small business. EmR1020
Military Affairs:	Creates Ch. DMA 1, relating to military family financial aid. EmR1030
Natural Resources:	Fish, Game, etc., Chs. NR 1— Creates s. NR 45.13 (1m) (d), relating to the establishment of a slow-no-wake zone on the Wisconsin River at the Dells of Wisconsin River state natural area. EmR1014
	Revises s. NR 10.104 (7) (a), relating to the use of archery deer hunting licenses. EmR1028
	Revises s. NR 10.01 (1), relating to hunting and the 2010 migratory game bird seasons and waterfowl hunting zones. EmR1033 [First Appearance]
	Environmental Protection — Hazardous Waste Management, Chs. NR 600— Revises s. NR 660.10, relating to hazardous waste management. EmR1007
Public Instruction:	Creates Ch. PI 45, relating to the use of race-based nicknames, logos, mascots, and team names by school boards. EmR1018
	Creates s. PI 35.07, relating to a temporary, nonrenewable waiver from the requirement that a teacher have a bachelor's degree to teach in a private school under the Milwaukee Parental Choice Program. EmR1021
	Creates Ch. PI 43, relating to education form. EmR1023
Regulation and Licensing:	Creates s. RL 91.01 (3) (k), relating to training and proficiency in the use of automated external defibrillators for certification as a massage therapist or bodyworker. EmR0827
	Revises ss. RL 180.02 and 181.01, relating to training and proficiency in the use of automated external defibrillators for licensure as a licensed midwife. EmR0828
	Revises Chs. RL 110 to 116, relating to the regulation of professional boxing contests. EmR1031
	Creates Chs. RL 192 to 196, relating to the regulation of mixed martial arts sporting events. EmR1032
Technical College System Board:	Amends Ch. TCS 17, relating to training program grant funds. EmR1025
Transportation:	Creates s. Trans 100.25, relating to mandatory insurance exemptions. EmR1017
Scope Statements.
Children and Families:	Safety and Permanence, Chs. DCF 35-59 Revises Ch. DCF 56, relating to foster care levels of care.
Employee Trust Funds:	Repeals and recreates s. ETF 20.055, relating to spousal consent on retirement benefit applications.
Financial Institutions — Securities:	Revises s. DFI-Sec 1.02, relating to the definition of “institutional investor".
Health Services:	Management and Technology and Strategic Finance, Chs. DHS 1— Revises s. DHS 1.06 (3) (d) and (e), relating to the retention of records and the designation of files as either active or inactive.
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board:	Revises s. MPSW 1.09 to allow therapists, professional counselors and clinical social workers to engage in substance abuse counseling without seeking separate certification.
	Revises s. MPSW 3.13, relating to social worker training certificates.
Natural Resources:	Fish, Game, etc., Chs. NR 1— Revises Ch. NR 27, relating to the listing of cave bats as threatened species.
	Revises s. NR 40.04, relating to the listing of Geomyces destructans as a prohibited invasive species.
	Revises Ch. NR 46, relating to administration of the Managed Forest Law program.
	Environmental Protection — General, Chs. NR 100— Revises Ch. NR 150, relating to implementation of the Wisconsin Environmental Policy Act and s. 1.11, Wis. Stats.
	Environmental Protection — Air Pollution Control, Chs. NR 400— Revises Chs. NR 419, 421, 422, and 423, relating to reasonably available control technology (RACT) rules for volatile organic compounds (VOC).

Submittal of Rules to Legislative Council Clearinghouse.
Agriculture, Trade and Consumer Protection:	Revises Ch. ATCP 69, relating to buttermaker license qualifications. CR 10-106
	Revises Ch. ATCP 20, relating to agricultural and vegetable seed. CR 10-107
Children and Families:	Safety and Permanence, Chs. DCF 35-59 Revises Ch. DCF 57, relating to determination of need for new group homes. CR 10-105
Rule-Making Notices.
Agriculture, Trade and Consumer Protection:	Hearings to consider rules to create Ch. ATCP 16, relating to dog sellers and dog facility operators. CR 10-100
	Hearing to consider rules to revise Ch. ATCP 69, relating to buttermaker license qualifications. CR 10-106
	Hearing to consider rules to revise Ch. ATCP 20, relating to agricultural and vegetable seed. CR 10-107
Children and Families:	Safety and Permanence, Chs. DCF 35-59 Hearing to consider emergency rules and permanent rules to revise Ch. DCF 57, relating to determination of need for new group homes. EmR1034, CR 10-105
Commerce:	Financial Resources for Businesses and Communities, Chs. Comm 100— Hearing to consider emergency rules to create Ch. Comm 137, relating to reallocations for recovery zone facility bonds, and affecting small businesses. EmR1029
Technical College System Board:	Hearing to consider emergency rules and permanent rules to revise Ch. TCS 17, relating to training program grants. EmR1025, CR 10-096
Submittal of Proposed Rules to the Legislature.
Administration:	Creates Ch. Adm 24, relating to debarment, suspension and ineligibility of DOA contractors. CR 10-063
Agriculture, Trade and Consumer Protection:	Revises Ch. ATCP 127, relating to adding cell phone numbers to Wisconsin's telemarketing “No Call" list. CR 10-045
Children and Families:	Family and Economic Security, Chs. DCF 101-153 Revises Ch. DCF 101, relating to Wisconsin Works Sanctions Good Cause. CR 08-004
	Creates Ch. DCF 110, relating to transitional jobs for low-income adults. CR 10-078
	Early Care and Education, Chs. DCF 201-252 Revises Ch. DCF 201, relating to child care subsidy program integrity. CR 10-086
Commerce:	Licenses, Certifications and Registrations, Ch. Comm 5 Revises Ch. Comm 5, relating to thermal insulator credentials. CR 10-090
	Fire Prevention, Ch. Comm 14 Uniform Dwelling, Chs. Comm 20-25 Wis. Commercial Building Code, Chs. Comm 60-66 Revises Ch. Comm 14, relating to fire prevention, recordkeeping, and fire suppression for mobile kitchens; Chs. Comm 21 to 23, relating to structural, ventilating, and vapor-barrier requirements; and Chs. Comm 61 to 63, relating to local enforcement, no-smoking signs, carbon monoxide detectors, and energy conservation for commercial buildings. CR 09-104
	Uniform Dwelling, Chs. Comm 20-25 Smoke Detectors, Ch. Comm 28 Revises Chs. Comm 21 and 28, relating to carbon monoxide detectors in dwellings. CR 10-089
Commerce (Cont'd)	Financial Resources for Businesses and Communities, Chs. Comm 100— Revises Ch. Comm 106, relating to the Wisconsin Development Fund. CR 10-079
	Creates Ch. Comm 126, relating to the Wisconsin Venture Fund. CR 10-080
Corrections:	Revises Ch. DOC 302, relating to sentence computation and modification. CR 09-120
Earned Release Review Commission:	Repeals and recreates Ch. PAC 1, relating to the release of inmates from state prison through parole or other procedures established through 2009 Wis. Act 28. CR 09-119
Financial Institutions — Banking:	Revises s. DFI-Bkg 74.01, relating to the exemption of health care billing companies from the definition of a collection agency. CR 10-097
	Creates Ch. DFI-Bkg 75, relating to payday lending. CR 10-098
Health Services:	Mgmt. & Technology & Strategic Finance, Chs. DHS 1— Community Services, Chs. DHS 30— Health, Chs. DHS 110— Revises Chs. DHS 12, 83, 88, 124, 127, 148, and 165, relating to miscellaneous minor and technical changes. CR 10-091
	Health, Chs. DHS 110— Revises Ch. DHS 138, relating to subsidy of health insurance premiums for persons with HIV infection. CR 10-084
	Revises Chs. DHS 110 to 113 and 119, relating to emergency medical services. CR 10-085
Insurance:	Creates s. Ins 3.75, relating to continuation of group insurance policies. CR 09-096, CR 10-038
	Revises Ins 8.49 Appendix 1, relating to applications for group health insurance for small employers. CR 10-067
	Creates s. Ins 3.33, relating to uniform questions and format for individual health insurance. CR 10-068
	Revises ss. Ins 6.05 and 6.07, relating to policy form language simplification and readability. CR 10-076
	Revises ss. Ins 51.01 and 51.60, relating to the risk-based capital of health insurers, property and casualty insurers, and fraternal insurers. CR 10-077
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board:	Revises s. MPSW 1.11, relating to psychometric testing. CR 10-013
Natural Resources:	Fish, Game, etc., Chs. NR 1— Revises Ch. NR 10, relating to hunting on the Ice Age Trail. CR 08-022
	Revises Ch. NR 45, relating to use of department properties. CR 10-042
	Revises Chs. NR 8, 10, 12, and 17, relating to 2010 Wildlife Management housekeeping revisions. CR 10-051
	Revises Chs. NR 20, 21, 22, and 24, relating to commercial fishing on Wisconsin-Iowa and Wisconsin-Minnesota boundary waters. CR 10-053
Natural Resources (Cont'd)	Revises Ch. NR 10, relating to 2010 migratory bird seasons. CR 10-066
	Revises Ch. NR 29, relating to a fee update for the endangered resources review program. CR 10-069
	Environmental Protection — General, Chs. NR 100— Revises Ch. NR 140, relating to groundwater standards. CR 09-102
	Environmental Protection — Air Pollution Control, Chs. NR 400— Revises Ch. NR 433, relating to implementing new technology for the protection of visibility in mandatory class I federal areas. CR 10-033
	Revises s. NR 410.05, relating to fees for sources that may emit asbestos into the ambient air. CR 10-046
	Revises Ch. NR 410, relating to fees for reviewing applications for construction of air pollution sources. CR 10-047
	Revises Chs. NR 400, 405, and 406, relating to air pollution control permit requirements for Class I areas. CR 10-048
	Revises Chs. NR 484 and 485, relating to the vehicle inspection and maintenance program. CR 10-049
	Revises Chs. NR 400, 404 to 408, and 484, relating to permit requirements for particulate matter emissions. CR 10-050
	Environmental Protection — Water Supply, Chs. NR 800— Creates Ch. NR 856, relating to water use registration and reporting. CR 10-059
	Creates Ch. NR 852, relating to water conservation and water use efficiency. CR 10-060
	Creates Ch. NR 850, relating to water use fees. CR 10-061
Public Instruction:	Revises s. PI 11.36 (6), relating to the identification of children with specific learning disabilities. CR 10-002
	Revises Ch. PI 34, relating to educator preparation and licensing flexibility. CR 10-083
Public Service Commission:	Revises Ch. PSC 116, relating to a fuel cost rate adjustment process for electric utility service. CR 08-070
	Creates Ch. PSC 128, relating to the siting of wind energy systems. CR 10-057
Regulation and Licensing:	Revises Ch. RL 7, relating to the impaired professionals procedure. CR 10-081
Revenue:	Revises Chs. Tax 4, 7 to 9, and 11, relating to tax forms and reports for fuel, beverages, tobacco products, etc. CR 10-093
	Revises Ch. Tax 11, relating to sales and use tax. CR 10-094
	Revises Chs. Tax 1 to 3, relating to electronic funds transfer, corporation franchise and income tax, wage statements, recycling surcharge, estimated tax, etc. CR 10-095
Transportation:	Creates Ch. Trans 75, relating to bikeways and sidewalks in highway projects. CR 10-082
	Revises Ch. Trans 131, relating to the vehicle emission inspection process. CR 10-088
Workforce Development:	Public Works Construction Contracts, Chs. DWD 290-294 Revises s. DWD 293.02, relating to thresholds for payment and performance assurance requirements. CR 10-029
	Revises Ch. DWD 290, relating to the prevailing wage program. CR 10-092
Rule Orders Filed with the Legislative Reference Bureau.
Health Services:	Health, Chs. DHS 110— Revises Ch. DHS 137, relating to anatomical gifts and the Wisconsin Donor Registry. CR 10-037
Natural Resources:	Fish, Game, etc., Chs. NR 1— Revises Ch. NR 10, relating to hunting and trapping regulations, wildlife damage and nuisance control, closed areas and game refuges. CR 10-020
	Revises Chs. NR 20, 21, 23, 26, relating to fishing on inland, outlying, and boundary waters of Wisconsin. CR 10-025
	Revises s. NR 10.104 (7) (a), relating to the use of archery deer hunting licenses. CR 10-052
	Environmental Protection — Water Regulation, Chs. NR 300— Revises Chs. NR 335 and 336, relating to grants for dam maintenance, repair, modification, or abandonment and removal. CR 10-032
	Environmental Protection — Hazardous Waste Mgmt., Chs. NR 600— Revises s. NR 660.10, relating to hazardous waste management. CR 10-036