Register

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Wisconsin

Administrative

Register

No. 506

Publication Date: February 28, 1998

Effective Date: March 1, 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

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TOC_F28

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

Emergency Rules Now In Effect.	Pages 5 to 12.
Administration:	Rules relating to kennel owner licenses.
Commerce:	Building and Heating, etc., Chs. 50-64 Multifamily Dwellings, ch. 66 Rules relating to the commercial building and multi-family codes.
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:	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. Rules adopted creating ch. NR 47, subch. VIII, relating to the forest fire protection grant program. [FIRST APPEARANCE] Rules adopted creating ch. NR 47, subch. VII, relating to the private forest landowner grant program. [FIRST APPEARANCE]
Natural Resources:	Environmental Protection--Air Pollution Control, Chs. NR 400-- Rule relating to emission limitations for motor vehicles.
Public Instruction:	Rules relating to full-time open enrollment. Rules relating to the youth options program.
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.
Workforce Development:	Wage Rates, Chs. DWD 290-294 Rules adopted revising ch. DWD 290, relating to prevailing wage rates for state and local public works projects. [FIRST APPEARANCE]
Scope Statements.	Pages 13 to 18.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 34 - Relating to the Chemical and Container Collection Program.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 60 - Relating to dairy farms.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 80 - Relating to updating rules related to dairy plants to conform to current national standards and to address emerging food safety issues.
Controlled Substances Board:	CSB Code - Relating to classification of the prescription drug, butorphanol, as a schedule IV controlled substance under state law.
Health & Family Services:	Ch. HFS 12 - Relating to background information checks on prospective and current operators and employes of facilities, agencies and programs regulated under Department rules that take care of or provide care and treatment for vulnerable persons.
Health & Family Services:	SS. HSS 149.02 (6) and 149.03 (7) (a) - Relating to the special supplemental nutrition program for Women, Infants and Children (WIC): standard dates for expiration of vendor authorization and for start of reauthorization.
Natural Resources:	Ch. NR 10 - Relating to the establishment of the 1998 migratory game bird hunting seasons.
Natural Resources:	Ch. NR 25 - Relating to commercial fishing - outlying waters.
Public Instruction:	S. PI 2.05 (2) (a) - Relating to the criteria used in determining whether a school district is small, medium or large, in order to result in a more equitable representation of the Wisconsin student population on the School District Boundary Appeal Board (SDBAB).
Public Instruction:	S. PI 3.03 - Relating to the creation of a new category of licenses for educational professionals, the urban teacher license.
Public Instruction:	Ch. PI 11 - Relating to modifying ch. PI 11 to conform with the Individuals with Disabilities Education Act amendments of 1997 (IDEA 1997) and subch. V of ch. 115, Stats., as amended pending the enactment of 1997 Senate Bill 384.
Transportation:	Ch. Trans 276 - Relating to the network of highways on which long combination vehicles may operate.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 19 to 21.
Commerce:	Chs. Comm 51 and ILHR 57 and 66 - Relating to the Commercial Building Code and the Uniform Multifamily Dwelling Code.
Insurance:	S. Ins 18.05 (5) - Relating to aggregating (counting) creditable coverage for the state Health Insurance Risk-Sharing Plan (“HIRSP”), pursuant to s. 149.10 (2t) (a), Stats.
Insurance:	S. Ins 18.07 (5) (bm) - Relating to state Health Insurance Risk-Sharing Plan (“HIRSP”) with $2500 deductible mandated by s. 619.146, Stats.
Natural Resources:	Chs. NR 10, 11 and 45 - Relating to hunting and trapping.
Natural Resources:	Chs. NR 10, 11, 15, 19 and 27 - Relating to wildlife management housekeeping rules.
Natural Resources:	S. NR 20.16 - Relating to telephonic reporting by Great Lakes charter captains.
Natural Resources:	Chs. NR 20, 21, 23, 25 and 26 - Relating to recreational and commercial fishing regulations and fish refuges.
Natural Resources:	Ch. NR 21 - Relating to commercial fishing in Wisconsin-Minnesota boundary waters.
Natural Resources:	Ch. NR 166 - Relating to the safe drinking water loan program.
Natural Resources:	Ch. NR 487 - Relating to the clean fuel fleet program.
Natural Resources:	Chs. NR 500, 502, 507, 509, 512, 514, 520, 620 and 680 - Relating to technical corrections, fee clarifications and incorporation of statutory requirements for solid and hazardous waste management rules.
Pharmacy Examining Board:	Phar Code - Relating to pharmacists and pharmacies.
Notices of Hearings or of Proposed Rules.	Pages 22 to 49.
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.
Commerce:	Multifamily Dwellings, Ch. ILHR 66 A hearing to consider revision to chs. Comm/ILHR 51, 57 and 66, relating to fire-stop systems.
Corrections:	Hearing to consider revision to chs. DOC 328 and 332, relating to use of a lie detector test program for probationers and parolees who are sex offenders.
Employe Trust Funds:	Hearing to consider s. ETF 10.08, relating to defining termination of employment for purposes of eligibility for benefits.
Financial Institutions:	Savings & Loan Proposed revision to s. S-L 13.03, relating to an exception for savings and loan associations to the 10% down payment requirement for a mortgage loan.
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Hearing to consider revisions to ch. NR 5, relating to waiver of slow-no-wake restriction on Tombeau Lake. Hearing to consider revision to chs. NR 10, 11, 15, 19 and 27, relating to wildlife management housekeeping changes. Hearings to consider revisions to ch. NR 21, relating to commercial fishing in the Wisconsin-Minnesota boundary waters. Hearings to consider revisions to chs. NR 20, 21, 23, 25 and 26, relating to recreational and commercial fishing. Hearings to consider revision to s. NR 20.16, relating to sport trolling fishing reports. Hearing to consider subch. VII of ch. NR 47, relating to private forest landowner grant program. Hearing to consider subch. VIII of ch. NR 47, relating to the forest fire protection grant program.
Natural Resources:	Environmental Protection-General, Chs. NR 100-- Hearings to consider creation of ch. NR 166, relating to the safe drinking water loan program.
Natural Resources:	Environmental Protection-Air Pollution Control, Chs. NR 400-- Hearing to consider revision to ch. NR 487, relating to the clean fuel fleet program.
Natural Resources:	Environmental Protection-Solid Waste Management, Chs. NR 500-- Environmental Protection-Hazardous Waste Management, Chs. NR 600-- Hearings to consider revisions to ch. NR 500, 502, 507, 509, 512, 514, 520, 620 and 680, relating to technical corrections, fee clarifications and incorporation of statutory requirements.
Pharmacy Examining Board:	Hearing to consider revision to chs. Phar 1 to 13, relating to pharmacists and pharmacies.
Public Service Commission:	Hearing to consider revision of ch. PSC 113, relating to service rules for electric utilities.
Railroads:	Hearing to consider revision to ch. RR 1, relating to the Office's practices and procedures. Hearing to consider repeal of ch. RR 3, relating to railroad ratemaking.
Workforce Development:	Economic Support, Chs. DWD 11 to 59 Hearing to consider revision of s. DWD 12.25, relating to amendments to the Learnfare Program.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 50.
Corrections:	(CR 96-185) - Ch. DOC 309 (withdrawn)
Health & Family Services:	(CR 97-130) - Chs. HFS 10 and 67 and HSS 118
Insurance:	(CR 97-137) - S. Ins 3.53
Investment Board:	(CR 97-150) - Ch. IB 1 and s. IB 2.02
Natural Resources:	(CR 97-123) - S. NR 20.13 (2) (a) and (c)
Natural Resources:	(CR 97-153) - Subch. IX of ch. NR 47
Physical Therapists Affiliated Credentialing Board:	(CR 97-133) - Chs. PT 1, 2, 3, 4, 6 and 8
Regulation & Licensing:	(CR 97-118) - Chs. RL 70, 71, 72 and 73
Transportation:	(CR 97-154) - Ch. Trans 512
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 51.
Administration:	(CR 96-166) - Ch. Adm 68
Administration:	(CR 97-82) - Ch. Adm 1
Administration:	(CR 97-102) - Ch. Adm 2
Chiropractic Examining Board:	(CR 97-65) - SS. Chir 5.01, 5.02 and 5.03
Employment Relations:	(CR 97-142) - SS. ER 18.02, 18.03, 18.04 and 18.15
Insurance:	(CR 97-99) - SS. Ins 2.14 and 2.16
Transportation:	(CR 97-139) - S. Trans 276.07 (15) and (31)
Rules Published in this Wis. Adm. Register.	Page 52.
Administration:	(CR 96-164) - Ch. Adm 66
Administration:	(CR 96-165) - Chs. Trans 141 and Adm 67
Agriculture, Trade & Consumer Protection:	(CR 96-86) - SS. ATCP 42.01 and 42.04
Corrections:	(CR 97-92) - Ch. DOC 332
Higher Educational Aids Board:	(CR 97-111) - Ch. HEA 9
Natural Resources:	(CR 97-120) - S. NR 102.10 (1m) 6., 9., 9m. and 11.
Final Regulatory Flexibility Analyses.	Pages 53 to 54.
1. Administration:	(CR 96-164) - Ch. Adm 66
2. Administration:	(CR 96-165) - Ch. Adm 67/Trans 141
3. Agriculture, Trade & Consumer Protection:	(CR 96-86) - Ch. ATCP 42
4. Corrections:	(CR 97-92) - Ch. DOC 332
5. Higher Educational Aids Board:	(CR 97-111) - Ch. HEA 9
6. Natural Resources:	(CR 97-120) - S. NR 102.10

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.