Register

Cover_w_new_logo_MFB

Wisconsin

Administrative

Register

No. 506

Publication Date: February 14, 1998

Effective Date: February 15, 1998

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

CDNewsRelease_J98

- See PDF for diagram

[phone] ○ Fax [phone]

Bruce Munson

Revisor of Statutes

Gary L. Poulson

Deputy Revisor of Statutes

Assistant Revisor-Administrative Code

Receive timely updates to Wisconsin legal publications
by subscribing to the WisLawTM CD-ROM

Up-to-date WisLawTM CD-ROM's are released by the Revisor of Statutes Bureau several times a year. WisLawTM contains the continuously-updated Wisconsin Statutes and Annotations with Index, Table of Cross-References, and Table of Sections Affected by Acts, the Wisconsin Acts with Index, the Supreme Court Rules and Internal Operating Procedures, recent Opinions of the Attorney General with Index, the Wisconsin Constitution, the U.S. Constitution, the Administrative Register, the Town Law Forms, and the Wisconsin Code of Military Justice. The Bureau plans to increase gradually the number of chapters of the Wisconsin Administrative Code currently on WisLawTM .

All of the above WisLawTM Infobases are substantially integrated with hypertext links. WisLawTM utilizes
the Windows versions of Folio PreViews search and retrieval software. Folio is used today by the Legislative Branch, by several state agencies, and by 75 of the top 80 legal publishers.

State agencies are using WisLawTM for their legal research. WisLawTM is distributed by DOA's Document Sales Unit to requesting state agencies on a complimentary basis.

WisLawTM is only available by subscription for 12-month periods; the number of updated CD's to be released in any 12-month period is indeterminate. WisLawTM End-user license and subscription order forms are available at Document Sales; CD's will only be delivered upon receipt of a signed license and subscription form and full payment.

A 12-month subscription plus a license for no more than one simultaneous user costs $99. A 12-month subscription plus a license for no more than 4 simultaneous users costs $149. A 12-month subscription plus a license for no more than 10 simultaneous users costs $199. 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.

To obtain a WisLaw Subscription Order Form call [phone] or write to us:

WI Department of Administration

Document Sales & Distribution Section

202 S. Thornton Ave.

P.O. Box 7840

Madison, WI 53707-7840

No orders will be accepted by FAX. For further information, call [phone],
TTY [phone].

TOCFEB

T a b l e o f C o n t e n t s

Emergency Rules Now In Effect.	Pages 5 to 11.
Administration:	Rules relating to kennel owner licenses.
Commerce:	Building and Heating, etc., Chs. 50-64 Multifamily Dwellings, ch. 66 Rules adopted revising chs. ILHR/Comm 51, 57 and 66, relating to the commercial building and multi-family codes. [FIRST APPEARANCE]
Commerce:	Financial Resources for Businesses and Communities, Chs. Comm 105 to 128 Rules relating to emergency grants under the CDBG program. Rules relating to the Brownfields Grant Program.
Corrections:	Rules relating to registration and community notification of sex offenders. Rule adopted relating to the inmate complaint review system. Rules relating to polygraph examinations for sex offenders.
Dentistry:	Rule relating to examination requirements for licensed out-of-state dentists.
Department of Employment Relations:	Rules relating to sick leave.
Wisconsin Gaming Board:	See Administration.
Insurance:	Rule relating to a decrease in premium rates for the Health Insurance Risk-Sharing Plan, effective January 1, 1998. Rules relating to life insurance solicitations. Rules relating to a decrease in premium rates for the Health Insurance Risk-Sharing Plan (HIRSP) and correcting errors in the published rate table. Rules relating to a deductible alternative to HIRSP.
Natural Resources:	Fish, Game, etc., Chs. NR 1- Rule relating to notice of receipt of an application to incidentally take an endangered or threatened species. Rules relating to reservations for state parks, forests and other lands.
Natural Resources:	Environmental Protection--Air Pollution Control, Chs. NR 400-- Rule relating to emission limitations for motor vehicles.
Public Instruction:	Rules adopted creating ch. PI 36, relating to full-time open enrollment. [FIRST APPEARANCE] Rules adopted revising ch. PI 40, relating to the youth options program. [FIRST APPEARANCE]
Transportation:	Rules relating to the Transportation Infrastructure Loan Program.
Veterans Affairs:	Rules relating to the personal loan program.
Workforce Development:	Economic Support, Chs. DWD 11 to 59 Rules relating to Learnfare.
Scope Statements.	Pages 12 to 15.
Administration:	Adm Code - Relating to Wisconsin Land Information Board grants-in-aid to local government program.
Commerce:	Ch. Comm 106 - Relating to Financial assistance programs for businesses under the Wisconsin Development Fund (WDF), including the Technology Development Fund, Customized Labor Training, Major Economic Development, and Small Business Innovation Research Bridge Financing programs.
Commerce:	Ch. Comm 114 - Relating to the Minority Business Development Fund Program.
Commerce:	Ch. Comm 115 - Relating to the Community-Based Economic Development Program.
Commerce:	Ch. Comm 116 - Relating to the Rural Economic Development Program.
Commerce:	Ch. Comm 119 - Relating to the Mining Economic Development Grants and Loans Program.
Natural Resources:	NR Code - Relating to the wildlife damage abatement and claims program and to the urban wildlife grant program rules.
Natural Resources:	NR Code - Relating to recycling grants to Responsible Units (RU's). (RU's are county and municipal governments responsible to manage recycling in their jurisdiction.)
Revenue:	S. Tax 11.99 - Relating to the adult entertainment tax as created by 1997 Wis. Act 27, effective April 1, 1998.
Transportation:	Ch. Trans 309 - Relating to ambulance inspections.
Workforce Development:	Ch. DWD 290 - Relating to nonapplicability limits for application of the state prevailing wage rate laws.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 16 to 17.
Agriculture, Trade & Consumer Protection:	Chs. ATCP 32, 33, 35 - Relating to the Department's fertilizer bulk storage, pesticide bulk storage and the agricultural chemical cleanup programs.
Arts Board:	Chs. AB 1 to 4 - Relating to the Arts Board grant and percent for Arts Programs.
Hearing and Speech Examining Board:	HAS Code - Relating to hearing instrument specialists.
Public Instruction:	Ch. PI 36 - Relating to the open enrollment program.
Public Instruction:	Ch. PI 40 - Relating to the youth options program.
Regulation & Licensing:	RL Code - Relating to real estate brokers and real estate salespeople.
Veterinary Examining Board:	VE Code - Relating to veterinarians and veterinary technicians.
Notices of Hearings or of Proposed Rules.	Pages 18 to 38.
Agriculture, Trade & Consumer Protection:	Hearings to consider revision to chs. ATCP 32, 33 and 35, relating to the department's bulk fertilizer and pesticide storage programs and agricultural chemical cleanup program. Hearing to consider ch. ATCP 143, relating to the corn marketing orders.
Arts Board:	Hearing to consider chs. AB 1 to 4, relating to grant programs and arts in public places.
Gaming Board:	Hearing to consider the emergency rule and the permanent rule amendments to ch. WGC 13, relating to license fees for kennel owners at greyhound racetracks.
Hearing and Speech Examining Board:	Hearing to consider revision to chs. HAS 1 to 6, relating to hearing instrument specialists.
Regulation & Licensing:	Hearing to consider revisions to chs. RL 11 to 26, relating to real estate brokers and real estate salespersons.
State Fair Park Board:	Hearing to consider chs. SFP 2 and 7, relating to minimum age for certain criminal activities and bond schedule.
Veterinary Examining Board:	Hearing to consider revisions to chs. VE 1 to 10, relating to veterinarians and veterinary technicians.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 39.
Agriculture, Trade & Consumer Protection:	(CR 97-125) - Ch. ATCP 29
Commerce:	(CR 97-156) - S. Comm 108.21 (1)(f)
Corrections:	(CR 96-180) - Ch. DOC 308
Corrections:	(CR 97-79) - Ch. DOC 309
Medical Examining Board:	(CR 97-114) - S. Med 10.02 (2) (zb)
Tourism:	(CR 97-155) - Ch. Tour 1
Transportation:	(CR 97-144) - Ch. Trans 302
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 40.
Administration:	(CR 96-164) - Ch. Adm 66
Administration:	(CR 96-165) - Ch. Adm 67, Ch. Trans 141
Agriculture, Trade & Consumer Protection:	(CR 97-86) - Ch. ATCP 42
Commerce:	(CR 97-115) - Chs. Comm 5, 17 & ILHR 20 & 41
Corrections:	(CR 97-92) - ch. DOC 332
Higher Educational Aids Board:	(CR 97-111) - Ch. HEA 9
Insurance:	(CR 96-192) - S. Ins 2.80
Natural Resources:	(CR 97-20) - S. NR 10.02 (9)
Natural Resources:	(CR 97-120) - S. NR 102.10 (1m)6., 9., 9m., 11
Natural Resources:	(CR 97-122) - S. NR 25.03 (2)(b)

emergencyfeb

E m e r g e n c y R u l e s N o w I n E f f e c t

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.

EMERGENCY RULES NOW IN EFFECT

Department of Administration
(Gaming Board)

Rules adopted revising ch. WGC 13, relating to the license fees of kennel owners that own and operate kennels at Wisconsin greyhound racetracks.

Finding of Emergency

Statutory Authority: ss. 16.004(1), 562.02(1) and 562.05(2)

Statutes Interpreted: ss. 562.02(1)(am) and 562.05(2)

The Department of Administration's Division of Gaming finds that an emergency exists and the rule amendments are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:

For CY 1998, the Wisconsin racetracks were unable to recruit kennels to operate at the state's three existing racetracks. The 1997 license fee of $750.00 per kennel is too cost prohibitive to the kennels and therefore they pursue booking agreements in other states. By decreasing the cost to $350.00 and allowing the license to be valid at all Wisconsin racetracks, the racetracks will be able to attract quality kennels.

As a result of the increased competition for the availability of greyhounds throughout the country, license fees and purse revenues are the only considerations that racetracks have to offer when attempting to recruit kennels. If the racetracks are unsuccessful in recruiting new kennels or maintaining existing kennels, then races or whole performances would have to be canceled due to the lack of greyhounds.

In conjunction with the canceled races or performances and the associated decrease in handle, the revenue generated for the state related to greyhound racing would decrease accordingly.

Publication Date:   December 8, 1997

Effective Date:   December 8, 1997

Expiration Date:   May 7, 1998

Hearing Date:   February 26, 1998

[See Notice this Register]

EMERGENCY RULES NOW IN EFFECT

Department of Commerce

(Building & Heating, etc., Chs. Comm/ILHR 50-64)

(Uniform Multifamily Dwellings, Ch. ILHR 66)

Rules adopted revising chs. Comm 51, ILHR 57 and 66, relating to commercial buildings and multifamily dwellings.

Finding of Emergency and Rule Analysis

The Department of Commerce finds that an emergency exists and that adoption of the rule is necessary for the immediate preservation of public health, safety, and welfare.