Register

cover

Wisconsin

Administrative

Register

No. 508

Publication Date: April 14, 1998

Effective Date: April 15, 1998

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

TOCapr

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

Emergency Rules Now In Effect.	Pages 5 to 16.
Administration:	Rules relating to kennel owner licenses.
Agriculture, Trade and Consumer Protection:	Rules relating to the sales and use of pesticides containing clomazone. Rules relating to fish farms and imports of live fish and fish eggs.
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. Rule adopted amending s. DOC 328.22 (5), relating to custody and detention of felony probationers and parolees. (FIRST APPEARANCE]
Dentistry:	Rule relating to examination requirements for licensed out-of-state dentists.
Gaming Board:	See Administration.
Health & Family Services:	Health, Chs. HSS/HFS 110-- Rules adopted revising s. HFS 196.03 (22), relating to restaurants. [FIRST APPEARANCE] Rules adopted revising ch. HSS 138, relating to subsidized health insurance for persons with HIV. [FIRST APPEARANCE]
Insurance:	Rule relating to a decrease in premium rates for the Health Insurance Risk-Sharing Plan, effective January 1, 1998. 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 relating to the forest fire protection grant program. Rules relating to the private forest landowner grant program.
Natural Resources:	Environmental Protection-General Chs. NR 100- Rules adopted creating ch. NR 166, relating to the Safe Drinking Water Loan Program. [FIRST APPEARANCE]
Natural Resources:	Environmental Protection-Water Regulation, Chs. NR 300- Rules adopted revising ch. NR 300, relating to fees for waterway and wetland permit decisions. [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.
Public Service Commission:	Rules relating to the provision of universal telecommunications service and administration of the universal service fund and establishing the Education Telecommunication Access Program.
Technical College System:	Rules adopted creating ch. TCS 15, relating to Faculty Development Grants. [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.
Workforce Development:	Wage Rates, Chs. DWD 290-294 Rules relating to prevailing wage rates for state and local public works projects.
Scope Statements.	Pages 17 to 22.
Accounting Examining Board:	Accy Code - Relating to the education required to write the certified public accountant examination after December 31, 2000, for students graduating prior to the date, and the time period following the certified public accountant examination in which the candidate must graduate.
Commerce:	Chs. Comm 83 to 85 and 91 - Relating to private sewage systems and sanitation.
Employe Trust Funds:	S. ETF 50.40 - Relating to the eligibility for disability benefits under ch. 40, Stats., and Long-Term Disability Insurance (LTDI) benefits when a participant becomes disabled due to a physical or mental disability.
Health & Social Services:	Chs. HSS/HFS 45, 46, 52, 54, 55, 57 and 59 - Relating to licenses issued by the Department of Health and Family Services to certain facilities, agencies and program that serve children.
Health & Family Services:	Ch. HSS 51 - Relating to adoption of children with special needs.
Health & Family Services:	S. HSS 73.11 - Relating to long-term support Community Options (COP) and Community Integration (CIP) programs.
Health & Family Services:	Chs. HSS/HFS 82, 8, 124, 127, 131, 132, 133 & 134 - Relating to licenses, certifications and approvals issued by the Department of Health and Family Services to certain residential care facilities for adults, health care facilities and health care agencies.
Natural Resources:	Ch. NR 7 -Relating to the creation of rules to determine whether a Recreational Boating Facilities project is of statewide or regional significance.
Natural Resources:	Ch. NR 300 - Relating to a system for expedited decisionmaking on proposed physical alterations to lakes, streams and wetlands.
Social Workers, Marriage & Family Therapists & Professional Counselors Examining Board:	SFC Code - Relating to applications, other human services degree programs, and supervised social work internships and social work employment under s. 457.09, Stats.
Technical College System:	TCS Code - Relating to faculty development grants.
Transportation:	Ch. Trans 197 - Relating to the collection of fees under s. 344.42, Stats.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 23.
Commerce:	Ch. Comm 87 - Relating to private onsite wastewater treatment system (POWTS) replacement and rehabilitaiton grant program (Wisconsin Fund).
Employe Trust Funds:	Ch. ETF 52 - Relating to administration of the duty disability benefit program under s. 40.65, Stats.
Social Workers, Marriage &Family Therapists and Professional Counselors Examining Board:	SFC Code - Relating to biennial continuing education requirements for social worker certification renewal.
Notices of Hearings or of Proposed Rules.	Pages 24 to 38.
Agriculture, Trade & Consumer Protection:	Hearing to consider chs. ATCP 10 & 11, created as an emergency rule, relating to fish farms and live fish and fish egg imports. Hearing to consider ch. ATCP 36, created as an emergency rule, relating to use of herbicides containing clomazone.
Commerce:	Plumbing, Chs. Comm 82-87 Hearings to consider revision to ch. Comm 87, relating to private onsite wastewater treatment system replacement and rehabilitiation grant programs.
Elections Board:	Hearing to consider s. ElBd 6.05, relating to filing campaign finance reports in electronic format.
Employe Trust Funds:	Hearing to consider ch. ETF 52, relating to the duty disability benefit program.
Public Service Commission:	Hearing to consider revision of ch. PSC 160 and creation of ch. PSC 161, relating to an educational telecommunications access program.
Revenue:	Proposed revision of ch. Tax 19, relating to tax rate disparity payments.
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 and Consumer Protection:	(CR 97-127) - Chs. ATCP 90, 91 & 92
Corrections:	(CR 98-3) - Chs. DOC 332 & 328
Employe Trust Funds:	(CR 97-73) - S. ETF 10.08
State Fair Park Board:	(CR 98-3) - Chs. SFP 2 & 7
University of Wisconsin System:	(CR 97-149) - S. UWS 18.06
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 40.
Agriculture, Trade & Consumer Protection:	(CR 97-113) - Ch. ATCP 30
Agriculture, Trade & Consumer Protection:	(CR 97-125) -Chs. ATCP 29 & 30
Commerce:	(CR 97-156) - S. Comm 108.21 (1) (f)
Corrections:	(CR 97-106) - Ch. DOC 310
Health & Family Services:	(CR 97-130) - Chs. HFS 10,67 & Ch. HSS 118
Insurance:	(CR 97-137) - S. Ins 3.53
Medical Examining Board:	(CR 97-114) - S. Med 10.02 (2) (zb)
Public Notice.	Pages 41 to 44.
Workforce Development:	Relating to the Child Care Co-Payment Schedule under s. DWD 56.08.
Notice of Nonacquiescence.	Page 45.
	James M. Callen v. Wisconsin Department of Revenue.

emerg_Midapril

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

EMERGENCY RULES NOW IN EFFECT (2)

Agriculture, Trade & Consumer Protection

1.   Rules adopted creating Ch. ATCP 36, relating to the sale and use of pesticdes containing the active ingredient clomazone.

Finding of Emergency

(1) Pesticides containing the active ingredient clomazone are used at spring planting on soybeans, tobacco, peppers, pumpkins, peas, cabbage and cucumbers. Clomazone is an effective herbicide which inhibits the formation of chlorophyll in target weeds.

(2) Clomazone is volatile. Off-target movement from clomazone applications can affect non-target plants located hundreds of feet from the application site. Off-target movement from clomazone applications can damage non-target plants by inhibiting the formation of chlorophyll in those plants.

(3) Off-target movement has occurred in many clomazone applications to date. Non-target plants exposed to off-target movement from clomazone applications turn yellow or white. Damage from 1997 clomazone applications was apparently more severe and long lasting than in prior years. In 1997, the department received 49 complaints of off-target movement to non-target plants. These complaints comprised 20% of all pesticide complaints received by the department in 1997. Department field staff report that these complaints represented only a fraction of the total number of clomazone off-target movement incidents that occurred. Off-target movement incidents have caused widespread public anger and concern, and have impaired public confidence in pesticide applications.

(4) The department proposes to adopt rules restricting the use of clomazone herbicides. The proposed restrictions are reasonably designed to reduce or eliminate damage to non-target plants from clomazone applications. Without these restrictions, continued clomazone applications will likely result in continued incidents of off-target movement and nontarget damage during the 1998 planting and growing season.

(5) Clomazone herbicides are commonly applied during spring planting. The department must adopt restrictions by emergency rule in order for those restrictions to take effect prior to the 1998 spring planting and application period. The department finds that an emergency rule under s. 227.24, Stats., is imperatively required to preserve the public peace and welfare in 1998, pending completion of normal rulemaking procedures under ch. 227, Stats.

Publication Date:   March 15, 1998

Effective Date:   March 15, 1998

Expiration Date:   August 12, 1998

Hearing Date:   April 28, 1998

[See Notice this Register]

2.   Rules adopted creating ss. ATCP 10.68 and 11.58, relating to fish farms and imports of live fish and fish eggs.

Exemption From Finding of Emergency

(1) The department of agriculture trade and consumer protection is adopting this emergency rule to implement s. 95.60, Stats., which was created by 1997 Wis. Act 27.

(2) Section 9104(3xr) of 1997 Wis Act 27 authorizes the department to adopt this emergency rule without the normal finding of emergency. It further provides that the emergency rule will remain in effect until January 1, 1999 or until a permanent rule takes effect, whichever comes first.

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

Statutory authority: ss. 93.07(1), 95.60(4s)(e) and (5)

Statutes interpreted: s. 95.60

This emergency rule implements s. 95.60, Stats., by doing all of the following:

Establishing an interim procedure for registering fish farms in 1998. The department plans to adopt permanent rules, which may differ from this emergency rule, relating to registration of fish farms after 1998.

Establishing interim permit requirements for importing live fish or fish eggs into Wisconsin.

Requiring fish farm operators and fish importers to keep records.

Fish Farms

Registration

Under s. 95.60, Stats., as enacted by 1997 Wis. Act 27 effective October 14, 1997, the Department of Agriculture, Trade and Consumer Protection (DATCP) is responsible for registering fish farms in Wisconsin. The new annual registration program replaces an annual licensing program previously administered by the Department of Natural Resources (DNR).

DNR licensed more than 2000 fish farms for calendar year 1997. Fish farms previously licensed by DNR must now be registered with DATCP. DATCP's 1998 registration requirement takes effect immediately after DNR's 1997 license requirement expires.

Registration Procedures; General

This emergency rule establishes interim fish farm registration procedures. Under this emergency rule:

⋅   ⋅No person may operate a fish farm without a DATCP registration certificate. A registration certificate expires on December 31, 1998.