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WisLaw_Ad_3-96
APR-COVER_A30
Wisconsin
Administrative
Register
No. 484
Publication Date: April 30, 1996
Effective Date: May 1, 1996
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
TABCON_A30
T a b l e o f C o n t e n t s
1) NOTICE SECTION.
Administration:
Proposed creation of ch. Adm 25, relating to the information technology investment fund. (p. 5)
Agriculture, Trade & Consumer Protection:
Hearings to consider revision to chs. ATCP 10, 11 and 12, relating to farm-raised deer, tuberculosis control and poultry disease reporting requirements. (p. 5)
Hearings to consider emergency rule revision to chs. ATCP 10, 11 and 12, relating to farm-raised deer, tuberculosis control and poultry disease reporting requirements. (p. 9)
Development:
Hearing to consider ch. DOD 6, amended by emergency rule, relating to the community block grant program. (p. 12)
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearing to consider revision to ch. NR 7, relating to the recreational boating facilities program. (p. 12)
Hearing to consider emergency rule revision to ch. NR 10, relating to deer hunting management units and overwinter goals. (p. 13)
Natural Resources:
Environmental Protection-WPDES, Chs. NR 200--
Hearings to consider revision to chs. NR 200 and 205, relating to electronic submission of Water Pollutant Discharge Elimination System (WPDES) permit applications and monitoring data. (p. 13)
Physical Therapists Affiliated Credentialing Board:
Hearing to consider a revision of s. PT 3.01 (4) and creating s. PT 1.02 (2m), relating to temporary licenses. (p. 14)
Public Instruction:
Hearings to consider amending ch. PI 3, relating to teacher's licenses. (p. 14)
Hearings to consider ch. PI 19, relating to education for school age parents. (p. 15)
Hearings to consider amending ch. PI 32, relating to alcohol and other drug abuse programs. (p. 16)
Transportation (Dept.):
Hearing to consider ch. Trans 258, created as an emergency rule, relating to seed potato overweight permits. (p. 17)
2) EMERGENCY RULES NOW IN EFFECT.
Agriculture, Trade & Consumer Protection:
Rules relating to price discrimination in milk procurement. (p. 19)
Corrections:
Rules relating to supervision fees for probationers and parolees. (p. 19)
Development:
Rules adopted revising ch. DOD 6, relating to the community block grant program. [FIRST APPEARANCE] (p. 20)
Emergency Response Board:
Rules relating to a grant for local emergency planning committees. (p. 20)
Rules relating to a fee for transporting hazardous material. (p. 20)
Employment Relations (Dept.):
Rule relating to rate of pay as a result of voluntary demotions by employes subject to layoff. (p. 21)
Gaming Commission:
Rules relating to the conduct of raffles. (p. 21)
Rules relating to simulcasting fees. (p. 21)
Health & Social Services:
Community Services, Chs. HSS 30--
Rules relating to treatment foster care for children. (p. 21)
Rules relating to use of community long-term support funds for community-based residential facilities (CBRF) residents. (p. 22)
Health & Social Services:
Health, Chs. HSS 110--
Rules relating to 3 pilot projects. (p. 22)
Rules relating to lead poisoning prevention grants. (p. 22)
Rules relating to authorized actions of emergency medical technicians-basic. (p. 23)
Rules relating to authorized action of EMTs-intermediate and -paramedic. (p. 23)
Health & Social Services:
Economic Support, Chs. HSS 200--
Rules relating to county relief programs funded by block grants. (p. 23)
Rules relating to tribal medical relief programs. (p. 24)
Rules relating to a benefit cap pilot project under the AFDC program. (p. 24)
Rules relating to the pay for performance program. (p. 24)
Industry, Labor & Human Relations:
Petroleum Products, Ch. ILHR 48
Rule relating to labeling of oxygenated fuels. (p. 25)
Industry, Labor & Human Relations:
Building & Heating, etc., Chs. ILHR 50-64
Multi-Family Dwelling, Ch. ILHR 66
Rules relating to multi-family dwellings. (p. 25)
Rules adopted delaying energy efficiency revision to chs. ILHR 50-64 and 66. [FIRST APPEARANCE] (p. 25)
Industry, Labor & Human Relations:
Unemployment Compensation, Ch. ILHR 100-150
Rule adopted creating s. ILHR 127.035, relating to a limited waiver of work search requirement. [FIRST APPEARANCE] (p. 26)
Insurance, Commissioner of:
Rules relating to cost-containment rules. (p. 26)
Natural Resources:
Fish, Game, etc., Chs. NR 1-
Rules relating to sturgeon spearing in Lake Winnebago. (p. 26)
Rules adopted revising ch. NR 10, relating to deer hunting permits. [FIRST APPEARANCE] (p. 26)
Regulation & Licensing:
Rules relating to license renewal when delinquent taxes exist. (p. 27)
Revenue:
Rules relating to assessment of agricultural property in 1996. (p. 27)
Transportation (Dept.):
Rule relating to the federal section 18 program. (p. 27)
Rules adopted creating ch. Trans 258, relating to seed potato overweight permits. [FIRST APPEARANCE] (p. 28)
3) NOTICE OF SUBMITTAL OF PROPOSED RULES TO WISCONSIN LEGISLATIVE COUNCIL RULES CLEARINGHOUSE
Agriculture, Trade & Consumer Protection:
Chs. ATCP 10, 11 and 12 - Relating to animal health.
Natural Resources:
Chs. NR 200 and 205 - Relating to the electronic submission of
WPDES permit applications and
monitoring data.
Natural Resources:
Ch. NR 7 - Relating to amendments to the recreational
boating facilities program.
Natural Resources:
S. NR 20.04 (5) - Relating to the special fishing season in
urban waters for persons under the
age of 16 or the disabled.
4) NOTICE OF SUBMISSION OF PROPOSED RULES TO THE PRESIDING OFFICER OF EACH HOUSE OF THE LEGISLATURE, UNDER S. 227.19, STATS.
Medical Examining Board:
(CR 95-189) - Ch. Med 15 (title) and s. Med 15.02
Natural Resources:
(CR 95-107) - SS. NR 812.09 and 812.33
Natural Resources:
(CR 95-117) - S. NR 19.30
Natural Resources:
(CR 95-185) - S. NR 1.52
Natural Resources:
(CR 95-221) - SS. NR 28.03 and 28.04
Regulation & Licensing:
(CR 96-14) - Ch. RL 4
5) ADMINISTRATIVE RULES FILED WITH THE REVISOR OF STATUTES BUREAU.
Health & Social Services:
(CR 95-182) - Ch. HSS 211
Health & Social Services:
(CR 95-220) - SS. HSS 122.06 and 122.07
Industry, Labor & Human Relations:
(CR 93-32) - S. ILHR 83.035
Industry, Labor & Human Relations:
(CR 93-33) - S. ILHR 83.23
Industry, Labor & Human Relations:
(CR 95-231) - Chs. ILHR 41-42
Natural Resources:
(CR 95-191) - Chs. NR 20.03, 20.04, 20.07, 21.06, 21.11, 22.06
22.11, 23.05, 26.01, 26.08, 26.09 and 26.21
Natural Resources:
(CR 96-16) - S. NR 10.32
Public Instruction:
(CR 95-203) - SS. PI 35.03 and 35.06
Regulation & Licensing:
(CR 95-141) - S. RL 10.04
Revenue:
(CR 95-169) - SS. Tax 2.09, 2.105, 2.12 and 3.94
Revenue:
(CR 95-202) - S. Tax 2.31
University of Wisconsin:
(CR 95-95) - Ch. UWS 17
5) RULES PUBLISHED IN THIS WIS. ADM. REGISTER.
Agriculture, Trade & Consumer Protection:
(CR 95-147) - Ch. ATCP 30, Appendix A
Agriculture, Trade & Consumer Protection:
(CR 95-167) - Ch. ATCP 70
Development:
(CR 95-212) - Ch. DOD 15
Development:
(CR 95-213) - Ch. DOD 6
Health & Social Services:
(CR 95-90) - Ch. HSS 86
Health & Social Services:
(CR 95-186) - SS. HSS 108.02, 152.065, 153.07 and 154.07
Industry, Labor & Human Relations:
(CR 95-148) - Ch. ILHR 145 (title) and s. ILHR 145.01
Medical Examining Board:
(CR 95-49) - S. Med 10.02 (2) (za) and ch. Med 21
Optometry Examining Board:
(CR 95-142) - Chs. Opt 3 to 7
Public Defender:
(CR 95-224) - S. PD 1.04 (5) and (7)
Public Defender:
(CR 95-230) - SS. PD 3.02 (1) and 3.04 (1)
Public Service Commission:
(CR 95-139) - Ch. PSC 160
Transportation, Dept. of:
(CR 95-115) - Ch. Trans 131
Transportation, Dept. of:
(CR 95-200) - Ch. Trans 310
6) FINAL REGULATORY FLEXIBILITY ANALYSES.
1. Agriculture, Trade & Consumer Protection:
(CR 95-147) - Ch. ATCP 30, Appendix A
2. Agriculture, Trade & Consumer Protection:
(CR 95-167) - Ch. ATCP 70
3. Health & Social Services:
(CR 95-90) - Ch. HSS 86
4. Health & Social Services:
(CR 95-186) - SS. HSS 108.02, 152.065, 153.07 and 154.07
5. Industry, Labor & Human Relations:
(CR 95-148) - Ch. ILHR 145 (title) and s. ILHR 145.01
6. Medical Examining Board:
(CR 95-49) - S. Med 10.02 (2) (za) and ch. Med 21
7. Optometry Examining Board:
(CR 95-142) - Chs. Opt 3 to 7
8. Public Service Commission:
(CR 95-139) - Ch. PSC 160
9. Transportation, Dept. of:
(CR 95-115) - Ch. Trans 131
10. Transportation, Dept. of:
(CR 95-200) - Ch. Trans 310
7) EXECUTIVE ORDERS.
Executive Order 275.
Relating to the temporary evacuation of residents of long-term care facilities as a consequence of the state of emergency in Waupaca County.
Executive Order 276.
Relating to a proclamation that the flags of the United States and the State of Wisconsin be flown at half-staff as a mark of respect for the late Edmund Sixtus Muskie, former Secretary of State of the United States of America.
Executive Order 277.
Relating to amending executive order #262 and the creation of the Commission on Reform of the State's Human Resource System.
NOTICES_A30
N o t i c e S e c t i o n
Administration
Notice is hereby given that pursuant to ss. 16.004 (1), 16.971 (5) (g), and 227.11 (2), Stats., and interpreting s. 16.971 (5), Stats, and according to the procedures set forth in s. 227.16 (2) (e), Stats., the Department of Administration will adopt the following rule as proposed in this notice without public hearing unless, within 30 days after publication of this notice on May 1, 1996, the Department of Administration is petitioned for a public hearing by 25 persons who will be affected by the rule, a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Proposed Order of the Department of Administration
The Wisconsin Department of Administration proposes an order to create ch. Adm 25.
Analysis Prepared by the Department of Administration
Statutory Authority: ss. 16.004 (1), 16.971 (5) (g), and 227.11 (2)
Statute Interpreted: s. 16.971 (5)
Section 16.971 (5), Stats., created in 1995 Wis. Act 27, authorizes the Department of Administration to distribute grants to agencies from the Information Technology Investment fund under s. 20.870 (1) (q), Stats., to be used for information technology development projects. The proposed rule establishes the criteria to be used by the Department for distributing the grants. In September, 1995, the Department submitted the criteria as stated in s. Adm 25.04 to the Joint Committee on Information Policy pursuant to s. 16.971 (5) (b), Stats. The Committee on Information Policy unanimously approved this criteria on February 20, 1996. Because s. 16.971 (5), Stats., specifically states the procedure for administering this statute, the Department has determined that it is not necessary to repeat that information in an administrative rule.
Text of Rule
SECTION 1. Chapter Adm 25 is created to read:
Chapter Adm 25
INFORMATION TECHNOLOGY INVESTMENT FUND
Adm 25.01 Authority. This chapter is promulgated under the authority of ss. 16.004 (1), 16.971 (5) (g), and 227.11 (2), Stats.
Adm 25.02 Purpose. The purpose of this chapter is to establish the criteria used by the department to award grants to agencies for information technology development projects pursuant to s. 16.971 (5) (a), Stats.
Adm 25.03 Definitions. In this chapter:
(1) “Agency” or “Agencies” has the meaning given in s. 16.70 (1), Stats.
(2) “Base funding” means the funding that remains in an agency's budget appropriation(s) year after year unless removed through an explicit act of the legislature.
(3) “Basic standard infrastructure” includes desktop personal computer hardware and software, printer, local area network hardware and software, enterprise electronic mail and support and training.
Adm 25.04 Grant award and criteria. When making an award under s. 16.971 (5), Stats., the department shall use all of the following criteria:
(1) The extent to which the agency has base funding available to meet its information technology needs.
(2) The extent to which the request seeks to provide basic, standard infrastructure for the agency.
(3) The extent to which the completion of the project will serve to reduce agency base funding needs or avoid additional legitimate costs or cost increases in the future.
(4) The extent to which the project provides a new service, improves delivery of an existing service, or in some other way, provides additional value for the state. Additional value for the state includes the ability to deliver services, maintain operations or administer state programs more efficiently, effectively or economically.
Initial Regulatory Flexibility Analysis
Pursuant to s. 227.114, Stats., the proposed rule is not expected to impact on small businesses.
Fiscal Estimate
There is no fiscal effect.
Contact Person
Donna Sorenson, (608) 266-2887
Department of Administration
101 E. Wilson St., 10th Floor
Madison, WI 53702
Agriculture, Trade &
Consumer Protection
The State of Wisconsin Department of Agriculture, Trade and Consumer Protection announces that it will hold public hearings on a proposed Department rule, relating to animal health, specifically farm-raised deer, tuberculosis control and poultry disease reporting requirements (proposed chs. ATCP 10, 11 and 12, Wis. Adm. Code).
Written Comments
The hearings will be held at the times and places shown below. The public is invited to attend the hearings and make comments on the proposed rule. Following the public hearings, the hearing record will remain open until May 28, 1996, for additional written comments. An interpreter for the hearing-impaired will be available on request for these hearings. Please make reservations for a hearing interpreter by May 6, 1996 either by writing to Lynn Jarzombeck, P.O. Box 8911, Madison, WI 53708-8911, or by calling (608) 224-4883. TTY users call (608) 224-5058.
Hearing Information
Four hearings are scheduled:
May 14, 1996   Board Room
Tuesday   Dept. of ATCP
Commencing   2811 Agriculture Dr.
at 6:00 p.m.   MADISON, WI
  Handicapped accessible
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