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Bruce Munson

Revisor of Statutes

Gary L. Poulson

Deputy Revisor of Statutes

Assistant Revisor-Administrative Code

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TABCON_A30

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

Emergency Rules Now In Effect.	Pages 5 to 15.
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 the Brownfields Grant Program.
Corrections:	Rules relating to polygraph examinations for sex offenders. Rule relating to custody and detention of felony probationers and parolees.
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 relating to restaurants. Rules relating to subsidized health insurance for persons with HIV.
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- 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 relating to the Safe Drinking Water Loan Program.
Natural Resources:	Environmental Protection-Water Regulation, Chs. NR 300- Rules relating to fees for waterway and wetland permit decisions.
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 relating to Faculty Development Grants.
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.	Page 16.
Natural Resources:	NR Code - Relating to unit boundary changes for Deer Management Units 73C and 75 (Lafayette and Iowa counties) and the deer hunting season and population management goal for Unit 67A (Marquette County).
Natural Resources:	NR Code - Relating to disabled turkey hunting special hunt opportunity rules.
Transportation:	Ch. Trans 132 - Relating to issuing a temporary license plate in certain circumstances.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Page 17.
Controlled Substances Board:	CSB Code - Relating to adding butorphanol to the classification of controlled substances in schedule IV of chapter 961, Stats., the Uniform Controlled Substances Act.
Funeral Directors Examining Board:	FD Code - Relating to the practice of funeral directors.
Natural Resources:	Ch. NR 16, subch. II - Relating to the development of fees, criteria and procedures to use when permitting the use of natural waters as fish farms.
Natural Resources:	Ch. NR 46 - Relating to the administration of the Forest Crop Law and the Managed Forest Law.
Notices of Hearings or of Proposed Rules.	Pages 18 to 31.
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.
Controlled Substances Board:	Hearing to consider creating s. CSB 2.24, relating to adding butorphanol to the classification of controlled substances in schedule IV of chapter 961, Stats., the Uniform Controlled Substances Act.
Funeral Directors Examining Board:	Hearing to consider revision to chs. FD 1 to 5, relating to the practice of funeral directors.
Health & Family Services:	Hearing to consider amending s. HFS 196.03 (22) (e) and (f) and creation of s. HFS 196.03 (22) (g), relating to exemption of concession stands at locally-sponsored sporting events from being regulated as restaurants, and the emergency rules now in effect on the same subject.
Insurance, Commissioner of:	Hearing to consider creating s. Ins 18.05 (5) and amending s. Ins 18.07 (intro.), (5) (a) and (br) and creating s. Ins 18.07 (5) (bm), relating to the Wisconsin Health Insurance Risk-Sharing Plan (HIRSP) and $2500 deductible policy.
Natural Resources:	Hearings to consider creating ch. NR 16, subch. 2, relating to the development of fees, criteria and procedures to use when permitting the use of natural waters as fish farms.
Natural Resources:	Hearing to consider revision to ch. NR 46, relating to administration of the Forest Crop Law and the Managed Forest Law.
Natural Resources:	Hearings to consider creating ch. NR 135, relating to nonmetallic mining reclamation.
Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board:	Hearing to consider creating ch. SFC 8, relating to biennial continuing education requirements for social worker certification renewal.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 32.
Hearing and Speech Examining Board:	(CR 98-12) - Chs. HAS 1 to 7
Natural Resources:	(CR 98-25) - Ch. NR 166
Regulation and Licensing:	(CR 98-8) - Chs. RL 11 to 13, 16 to 18 and 22 to 26
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 33.
Corrections:	(CR 97-30) - Ch. DOC 311
Natural Resources:	(CR 96-113) - SS. NR 103.02, 103.06, 103.07, 103.08, 299.05 and 504.04
Natural Resources:	(CR 97-57) - SS. NR 182.07, 182.075, 182.08 and 182.14
Natural Resources:	(CR 97-123) - S. NR 20.13 (2) (a) and (c)
Natural Resources:	(CR 97-153) - Ch. NR 47, subch. VIII
Regulation & Licensing:	(CR 97-118) - Chs. RL 70 to 73
Tourism:	(CR 97-155) - SS. Tour 1.02. 1.03 and 1.05
Rules Published in this Wis. Adm. Register.	Page 34.
Agriculture, Trade & Consumer Protection:	(CR 97-113) - Ch. ATCP Appendix A and s. ATCP 30.31
Commerce:	(CR 97-93) - Chs. Comm 18 and ILHR 51 and ss. Comm 82.33 and 82.36 and ss. ILHR 50.12 and 55.20
Commerce:	(CR 97-156) - S. Comm 108.21 (1) (f)
Corrections:	(CR 97-106) - Ch. DOC 310
Elections Board:	(CR 96-106) - S. ElBd 1.855
Elections Board:	(CR 96-107) - S. ElBd 1.30 (3)
Elections Board:	(CR 96-108) - S. ElBd 1.655 (1) (bm) and (5)
Elections Board:	(CR 96-109) - S. ElBd 1.85 (1) and (4)
Financial Institutions--Securities:	(CR 97-148) - SS. DFI-Sec 7.01 (6), 27.01 (5) and 35.01 (4)
Natural Resources:	(CR 96-169) - S. NR 27.07
Transportation:	(CR 97-107) - S. Trans 201.15
Transportation:	(CR 97-116) - S. Trans 261.155
Transportation:	(CR 97-144) - Ch. Trans 302
Veterans Affairs:	(CR 97-147) - Ch. VA 12
Sections Affected by Rule Revisions or Corrections.	Pages 35 to 36.
REVISIONS
Agriculture, Trade & Consumer Protection:	Ch. ATCP 30
Commerce:	Ch. Comm 18
Commerce:	Chs. Comm 50, 51 and 55
Commerce:	Ch. Comm 82
Commerce:	Ch. Comm 108
Corrections:	Ch. DOC 310
Elections Board:	Ch. ElBd 1
Financial Institutions--Securities:	Chs. DFI-Sec 7, 27 and 35
Natural Resources:	Ch. NR 27
Transportation:	Chs. Trans 201, 261 and 302
Veterans Affairs:	Ch. VA 12
EDITORIAL CORRECTIONS
Commerce:	Ch. Comm 82
Corrections:	Ch. DOC 310
Financial Institutions--Securities:	Chs. DFI-Sec 5, 9 and 28
Natural Resources:	Ch. NR 50
Public Instruction:	Ch. PI 11
ERRATA
Commerce:	Ch. Comm 69
Financial Institutions--Securities:	Chs. DFI-Sec 4
Natural Resources:	Ch. NR 50
Public Instruction:	Ch. PI 11
Final Regulatory Flexibility Analyses.	Pages 37 to 39.
1. Agriculture, Trade & Consumer Protection:	(CR 97-113) - Ch. ATCP Appendix A and s. ATCP 30.31
2. Commerce:	(CR 97-93) - Chs. Comm 18 and ILHR 51 and ss. Comm 82.33 and 82.36 and ss. ILHR 50.12 and 55.20
3. Commerce:	(CR 97-156) - S. Comm 108.21 (1) (f)
4. Corrections:	(CR 97-106) - Ch. DOC 310
5. Elections Board:	(CR 96-106) - S. ElBd 1.855
6. Elections Board:	(CR 96-107) - S. ElBd 1.30 (3)
7. Elections Board:	(CR 96-108) - S. ElBd 1.655 (1) (bm) and (5)
8. Elections Board:	(CR 96-109) - S. ElBd 1.85 (1) and (4)
9. Financial Institutions--Securities:	(CR 97-148) - SS. DFI-Sec 7.01 (6), 27.01 (5) and 35.01 (4)
10. Natural Resources:	(CR 96-169) - S. NR 27.07
11. Transportation:	(CR 97-107) - S. Trans 201.15
12. Transportation:	(CR 97-116) - S. Trans 261.155
13. Transportation:	(CR 97-144) - Ch. Trans 302
14. Veterans Affairs:	(CR 97-147) - Ch. VA 12
Executive Order.	Page 40.
Executive Order #327:	Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for the Late Deputy Sheriff Richard A. Weinke of the Sauk County Sheriff's Office.

emerg_apr

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 pesticides 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

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.

⋅   ⋅A registration certificate is effective on the day it is issued except that, if a fish farm operator licensed by DNR in 1997 files a renewal application with DATCP by April 10, 1998, the DATCP registration certificate is retroactive to January 1, 1998.

⋅   ⋅Fish farm registrations are not transferable between persons or locations. A person who operates 2 or more fish farms at non-contiguous locations must obtain a separate registration certificate for each location.

Registration Categories

A fish farm operator must hold a type A, B, C or D registration certificate for that fish farm:

⋅   ⋅A type A registration is normally required for a fish farm at which the operator does any of the following:

  *Hatches fish or produces fish eggs at that fish farm for sale or trade to any person.