Register

Publication Date: February 29, 2000

Effective Date: March 1, 2000

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

NewsRelease_O31

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TabCon_F29

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

Emergency Rules Now In Effect.	Pages 7 to 14.
Commerce:	PECFA, Chs. Comm 46 and 47 Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities. Rules adopted amending s. Comm 47.53, relating to appeals under the PECFA program. [FIRST APPEARANCE]
Crime Victims Rights Board:	Rules relating to review of allegations of crime victims rights violations.
Employe Trust Funds:	Rules relating to the distribution to annuitants under 1999 Wis. Act 11.
Financial Institutions--Securities:	Rules relating to investment advisor competency examination grandfathering provisions.
Gaming Division:	Rules relating to the conduct of pari-mutuel snowmobile racing. Rules relating to snowmobile racing.
Health & Family Services:	Management, etc., Chs. HFS 1-- Rules adopted revising ch. HFS 12 and Appendix, relating to caregiver background checks. [FIRST APPEARANCE] Rules adopted creating ch. HFS 10, relating to family care. [FIRST APPEARANCE]
Health & Family Services:	Community Services, Chs. HFS 30- Rules relating to the adoption assistance program.
Health & Family Services:	Medical Assistance, Chs. HFS 100-108 Rules relating to operation of the BadgerCare health insurance program. Rules relating to discovery rights in contested case proceedings.
Higher Educational Aids Board:	Rules relating to the Minority Teacher Loan Program.
Natural Resources:	Environmental Protection-General, Chs. NR 100-- Rules adopted creating ch. NR 195, relating to river protection grants. [FIRST APPEARANCE]
Natural Resources:	Environmental Protection-Investigation & Remediation, Chs. NR 700-- Rules relating to sites contaminated with petroleum products from petroleum storage tanks.
Public Instruction:	Rules relating to the Milwaukee parental school choice program. Rules relating to alternative education grants. Rules relating to supplemental aid for school districts with a large area. Rules relating to state aid for achievement guarantied contracts and aid for debt service.
Revenue:	Rules relating to assessment of agricultural property.
Technical College System:	Rules relating to grants for students.
Transportation:	Rules relating to evaluating bids solicited for transit service in a competitive process.
Workforce Development:	Prevailing Wage Rates, Chs. DWD 290-294 Rule relating to the annual adjustment of the prevailing wage rate for public works projects.
Scope Statements.	Pages 15 to 18.
Agriculture, Trade and Consumer Protection:	Ch. ATCP 30 - Relating to pesticide product restrictions; atrazine pesticides.
Agriculture, Trade and Consumer Protection:	Ch. ATCP 136 - Relating to mobile air conditioners; reclaiming and recycling refrigerant.
Commerce (Tramways, Lifts and Tows, Ch. Comm 33):	Ch. Comm 33 - Relating to tramways, lifts and tows.
Natural Resources (Fish, Game, etc., Chs. NR 1--):	NR Code - Relating to excluding Burnett, Washburn and Sawyer Counties from the northern bass zone.
Natural Resources (Fish, Game, etc., Chs. NR 1--):	NR Code - Relating to increasing the harvest of antlerless deer in the proposed deer management units (DMU's).
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Ch. NR 10 - Relating to establishment of the 2000 migratory game bird hunting seasons.
Natural Resources (Enivronmental Protection--Air Pollution Control, Chs. NR 400--):	Chs. NR 406 and 407 and s. NR 422.095 - Relating to establishing permit exemption levels for autobody refinishing facilities, and revising s. NR 422.095 in accord with federal regulations that are currently in place regarding Volatile Organic Compound (VOC) emission limitations for coatings used in the autobody refinishing industry.
Workforce Development (Economic Support, Chs. DWD 11-59):	Ch. DWD 16 - Relating to emergency assistance for impending homelessness.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 19 to 21.
Commerce:	Ch. Comm 43 - Relating to anhydrous ammonia.
Financial Institutions--Credit Unions:	Ch. DFI-CU 52 - Relating to credit union examinations.
Financial Institutions--Credit Unions:	Ch. DFI-CU 64 - Relating to the public inspection and copying of records of the Office of Credit Unions.
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Chs. NR 10, 11, 15 and 16 - Relating to hunting, trapping and captive wildlife.
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Ch. NR 10 - Relating to hunting, trapping and wildlife research.
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Chs. NR 20, 22 and 26 - Relating to fishing regulations on inland boundary waters and fish refuges on inland waters.
Natural Resources (Environmental Protection-General, Chs. NR 100--):	Ch. NR 135 - Relating to nonmetallic mineral mining.
Natural Resources (Environmental Protection-General, Chs. NR 100--):	Ch. NR 195 - Relating to river protection grants.
Natural Resources (Environ. Protection-General, Chs. NR 100--) (Environmental Protection--WPDES, Chs. NR 200--) :	Chs. NR 120, 151, 152, 153, 154, 216 and 243 - Relating to redesign of the nonpoint source pollution program.
Tourism:	Ch. Tour 1 - Relating to the joint effort marketing (JEM) program.
Workforce Development:	S. DWD 290.155 - Relating to the annual adjustment of thresholds for application of the prevailing wage rates for state or local public works projects.
Notices of Hearings or of Proposed Rules.	Pages 22 to 53.
Administration:	Hearing to consider revision of ch. Adm 12, relating to electronic records management. [Hearing date: 03/15/00]
Agriculture, Trade & Consumer Protection:	Hearings to consider revision to chs. ATCP 10 to 12, relating to animal health, livestock dealers and truckers. [Hearing dates: 03/07/00, 03/08/00 and 03/09/00]
Agriculture, Trade & Consumer Protection:	Hearings to consider revision to ch. ATCP 50, relating to the soil and water resource management program. [Hearing dates: 03/14/00, 03/15/00, 03/16/00, 03/21/00, 03/22/00, 03/23/00, 03/28/00, 03/29/00, 03/30/00 and 04/05/00]
Commerce:	Anhydrous Ammonia, Ch. Comm 43 Hearings to consider revision to ch. Comm 43, relating to anhydrous ammonia. [Hearing dates: 03/16/00 and 03/17/00]
Employment Relations--Merit Recruitment and Selection:	Hearing to consider ss. ER-MRS 6.08 and 11.04, relating to the provision of examination materials to hiring authorities and removal of candidates from registers. [Hearing date: 03/17/00]
Insurance, Commissioner of:	Hearing to consider s. Ins 6.59 (4) (av), relating to exemption of attorneys seeking licensure for title insurance from certain testing requirements. [Hearing date: 03/22/00]
Natural Resources:	Fish, Game, etc., Chs. NR 10-- Hearings to consider revision to chs. NR 10, 11, 15 and 16, relating to hunting, trapping and captive wildlife. [Hearing date: 04/10/00]
Natural Resources:	Fish, Game, etc., Chs. NR 10-- Hearing to consider revision to ch. NR 10, relating to hunting, trapping and wildlife research. [Hearing date: 03/14/00]
Natural Resources:	Environmental Protection--General, Chs. NR 100-- Hearing to consider creation of ch. NR 135, relating to nonmetallic mining reclamation. [Hearing date: 03/13/00]
Natural Resources:	Environmental Protection--General, Chs. NR 100-- Hearings to consider ch. NR 195, relating to river protection grants. [Hearing dates: 03/16/00, 03/17/00, 03/21/00 and 03/22/00]
Natural Resources:	Environmental Protection--General, Chs. NR 100-- Environmental Protection--WPDES, Chs. NR 200-- Hearings to consider revision to chs. NR 120, 151, 152, 153, 154, 216 and 243, relating to priority watershed management, soil and water runoff management, storm water discharge permits and animal feeding operations. [Hearing dates: 03/13/00, 03/14/00, 03/15/00, 03/16/00, 03/20/00, 03/21/00, 3/22/00, 03/27/00 and 03/28/00]
Public Instruction:	Hearing to consider emergency and permanent rules affecting ch. PI 35, relating to the Milwaukee parental school choice program. [Hearing date: 03/20/00]
Tourism:	Hearing to consider amendment to s. Tour 1.03 (3) (a), relating to the joint effort marketing (JEM) program. [Hearing date: 03/15/00]
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 54.
Administration:	(CR 99-154) - Ch. Adm 47
Corrections:	(CR 97-13) - Ch. DOC 303
Financial Institutions--Credit Unions:	(CR 99-145) - Ch. DFI-CU 52
Financial Institutions--Credit Unions:	(CR 99-146) - Ch. DFI-CU 64
Health and Family Services:	(CR 99-55) - Ch. HFS 181
Kickapoo Reserve Management Board:	(CR 99-124) - Ch. KB 1
Natural Resources:	(CR 99-43) - Ch. NR 19
Nursing, Board of:	(CR 99-126) - S. N 8.06
Psychology Examining Board:	(CR 99-149) - SS. Psy 2.08 and 3.10
Transportation:	(CR 99-152) - Ch. Trans 320
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 55.
Agriculture, Trade and Consumer Protection:	(CR 99-87) - Ch. ATCP 34
Agriculture, Trade and Consumer Protection:	(CR 99-117) - Ch. ATCP 30
Chiropractic Examining Board:	(CR 99-148) - S. Chir 4.07
Commerce:	(CR 98-83) - Chs. Comm 2, 5, 20, 52, 81 to 85 and 91 and ss. Comm 25.02, 50.06, 51.01 and 66.11
Commerce:	(CR 99-86) - Ch. Comm 5 and ss. Comm 81.01, 82.40, 84.30 and 84.60
Health and Family Services:	(CR 99-106) - Chs. HFS 101 to 103 and 108
Higher Educational Aids Board:	(CR 99-132) - S. HEA 11.03
Pharmacy Examining Board:	(CR 98-76) - SS. Phar 1.01 and 1.02 and ch. Phar 15
Public Service Commission:	(CR 98-172) - Ch. PSC 117
Transportation:	(CR 99-144) - Ch. Trans 316
Rules Published in this Wis. Adm. Register.	Page 56.
Architects, Landscape Architects, etc., Examining Board:	(CR 99-102) - Chs. A-E 1, 2, 8 and 10
Chiropractic Examining Board:	(CR 99-40) - S. Chir 3.08
Commerce:	(CR 99-64) - S. Comm 5.30 and chs. Comm 41 and 42
Commerce:	(CR 99-80) - SS. Comm 82.10, 83.01 and 83.03
Health and Family Services:	(CR 95-140) - Ch. HFS 52
Health and Family Services:	(CR 99-113) - SS. HFS 119.07 and 119.15
Insurance, Commissioner of:	(CR 98-183) - Chs. Ins 3 and 9 and ss. Ins 6.11 and 51.80
Natural Resources:	(CR 99-44) - S. NR 20.09
Natural Resources:	(CR 99-96) - S. NR 20.12
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:	(CR 99-2) - S. SFC 3.13
Transportation:	(CR 99-136) - SS. Trans 252.02 and 252.05
Sections Affected by Rule Revisions and Corrections.	Pages 57 to 58.
REVISIONS
Architects, Landscape Architects, Engineers, etc, Examining Board:	Chs. A-E 1, 2, 8 and 10
Chiropractic Examining Board:	Ch. Chir 3
Commerce (Credentials, Ch. Comm 5):	Ch. Comm 5
Commerce (Boilers and Pressure Vessels, Ch. Comm 41):	Chs. Comm 41 and 42
Commerce (Plumbing, Chs. Comm 82-87):	Chs. Comm 82 and 83
Health and Family Services (Community Services, Chs. HFS 30--):	Ch. HFS 52
Health and Family Services (Health, Chs. HFS 110--):	Ch. HFS 119
Insurance, Commissioner of:	Chs. Ins 3, 6, 9 and 51
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Ch. NR 20
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:	Ch. SFC 3
Transportation:	Ch. Trans 252
EDITORIAL CORRECTIONS
Architects, Landscape Architects, Engineers, etc, Examining Board:	Ch. A-E 1
Commerce (Plumbing, Chs. Comm 82-87):	Chs. Comm 82 and 83
Health and Family Services (Community Services, Chs. HFS 30--):	Ch. HFS 85
Insurance, Commissioner of:	Ch. Ins 6
ERRATA
Pharmacy Examining Board:	Ch. Phar 16
Final Regulatory Flexibility Analyses.	Pages 59 to 60.
1. Architects, Landscape Architects, etc., Examining Board:	(CR 99-102) - Chs. A-E 1, 2, 8 and 10
2. Chiropractic Examining Board:	(CR 99-40) - S. Chir 3.08
3. Commerce:	(CR 99-64) - S. Comm 5.30 and chs. Comm 41 and 42
4. Commerce:	(CR 99-80) - SS. Comm 82.10, 83.01 and 83.03
5. Health and Family Services:	(CR 95-140) - Ch. HFS 52
6. Health and Family Services:	(CR 99-113) - Ch. HFS 119
7. Insurance, Commissioner of:	(CR 98-183) - Chs. Ins 3 and 9 and ss. Ins 6.11 and 51.80
8. Natural Resources:	(CR 99-96) - S. NR 20.12
9. Natural Resources:	(CR 99-44) - S. NR 20.09
10. Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:	(CR 99-2) - S. SFC 3.13
11. Transportation:	(CR 99-136) - Ch. Trans 252
Sections Affected by Revisor's Corrections Not Published.	Page 61.
Natural Resources (Environmental Protection-General, Chs. NR 100--):	Chs. NR 108, 110, 114, 131, 162 and 186
Notice of Nonacquiescence.	Page 62.
Revenue:	Tax Appeals Commission Browning-Ferris Industries of Wisconsin, Inc., Petitioner, v. Wisconsin Department of Revenue, Respondent.

emerg530

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 (2)

Commerce

(PECFA - Chs. Comm 46-47)

1.   Rules adopted creating ch. Comm 46, relating to “Petroleum Environmental Cleanup Fund Interagency Responsibilities,” and relating to site contaminated with petroleum products from petroleum storage tanks.

Exemption From Finding of Emergency

On September 22, 1999, the Joint Committee for Review of Administrative Rules adopted a motion pursuant to s. 227.26 (2) (b), Stats., that directs the Departments Commerce and Natural Resources to promulgate as an emergency rule, no later than October 22, 1999, the policies and interpretations under which they intend to administer and implement the shared elements of the petroleum environmental cleanup fund program.

In administering the fund, the Departments had previously relied upon a Memorandum of Understanding for classifying contaminated sites and addressing other statements of policy that affect the two Departments. The rule that is being promulgated details the policies and interpretations under which the agencies intend to administer and guide the remedial decision making for sites with petroleum product contamination from petroleum product storage tank systems.

The rule defines “high priority site,” “medium priority site, ” and “low priority site,” and provides that the Department of Natural Resources has authority for high priority sites and that the Department of Commerce has authority for low and medium priority sites. The rule requires transfer of authority for sites with petroleum contamination in the groundwater below the enforcement standard in ch. NR 140 from the Department of Natural Resources to the Department of Commerce. The rule also establishes procedures for transferring sites from one agency to the other when information relevant to the site classification becomes available.

Publication Date:   October 20, 1999

Effective Date:   October 20, 1999

Expiration Date:   March 18, 2000

Hearing Date:   November 18, 1999

2. Rules adopted amending s. Comm 47.53, relating to appeals of decisions issued under the Petroleum Environmental Cleanup Act (PECFA) program.

Finding of Emergency

The Department of Commerce finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:

The department is receiving funds from a bonding initiative to enable it to issue approximately 3,500 decisions on applications for PECFA funding which had been awaiting the availability of funding. Because these decisions will be issued over a very short time frame, parties receiving decisions and law firms representing them, will be required to review and analyze a large volume of decisions to determine whether they wish to appeal specific departmental decisions. Given the large number of decisions and the normal rate of appeals, it is reasonable to expect that the public will be required to prepare and file a large volume of appeals within a short time period. Attorneys, lenders and consultants representing multiple claimants have expressed concern about the workload associated with having to review decisions and draft appeals on the higher volume of decisions issued by the department within the current 30 day window. The emergency rule temporarily expands the filing period from 30 days to 90 days to provide additional time to evaluate decisions and determine whether an appeal should be filed. The rule covers the time period when the highest volume of decisions are to be issued.

Publication Date:   February 15, 2000

Effective Date:   February 15, 2000

Expiration Date:   July 14, 2000

EMERGENCY RULES NOW IN EFFECT

Crime Victims Rights Board

Rules adopted creating ch. CVRB 1, relating to the rights of crime victims.

Finding of Emergency

The Crime Victims Rights Board finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:

The Crime Victims Rights Board was created by 1997 Wis. Act 181, effective December 1, 1998, to enforce victims' rights established by Wis. Const. Art. I, s. 9m, adopted in 1993. The Wisconsin Constitution states that the Legislature shall provide remedies for the violation of victims' constitutional rights. The Board's process represents the only means of enforcing the remedies available to victims of crime who are not provided with the rights guaranteed to them by the Wisconsin Constitution and the Wisconsin statutes. The Board can issue reprimands to correct violations of victims' rights, seek forfeitures in egregious cases, and seek equitable relief to enforce victims' rights. The Board can also work to prevent future violations of victims' rights by issuing reports and recommendations on crime victims' rights and services.

Complaints must be presented to the Department of Justice before they can be presented to the Board. The Department estimates that it receives 200 complaints annually involving the treatment of crime victims. The Department has no authority to enforce victims' rights; the Department can only seek to mediate disputes. Of those complaints, approximately 25 per year cannot be resolved to the parties' satisfaction, and are therefore ripe for the Board's consideration. There are presently 5 complaints that could be referred to the Board if the Board were able to receive and act on complaints.

Until the Board establishes its complaint process by administrative rule, it is unable to provide the remedies constitutionally guaranteed to crime victims.

Publication Date:   September 17, 1999

Effective Date:   September 17, 1999

Expiration Date:   February 14, 1999

Hearing Date:   November 9, 1999

Extension Through:   April 13, 2000

EMERGENCY RULES NOW IN EFFECT

Employe Trust Funds

Rules adopted revising s. ETF 20.25 (1), relating to the distribution to annuitants from the transaction amortization account to the annuity reserve under 1999 Wis. Act 11.

Finding of Emergency

The Department of Employe Trust Funds, Employe Trust Fund Board, Teacher Retirement Board and Wisconsin Retirement Board find that an emergency exists and that administrative rules are necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:

The Public Employe Trust Fund was created for the purpose of helping public employes to protect themselves and their beneficiaries against the financial hardships of old age, disability, death, illness and accident. The Trust Fund thus promotes economy and efficiency in public service by facilitating the attraction and retention of competent employes, by enhancing employe morale, by providing for the orderly and humane departure from service of employes no longer able to perform their duties effectively, and by establishing equitable benefit standards throughout public employment. There are approximately 102,000 annuitants of the Wisconsin Retirement System, of whom about 80% reside throughout the State of Wisconsin. The Department of Employe Trust Funds estimates that up to 7,000 public employes covered by the Wisconsin Retirement System will retire and take annuity benefits effective during 1999.

WRS participants who retire during 1999 are not eligible to have their retirement benefits calculated using the higher formula factors for pre-2000 service which are provided by the treatment of Wis. Stats. 40.23 (2m) (e) 1. through 4. by 1999 Wis. Act 11. Section 27 (b) 2. of the Act directs that any funds allocated to the employer reserve in the Trust Fund as a result of the $4 billion transfer mandated by the Act, which exceed $200,000,000 shall be applied towards funding any liabilities created by using the higher formula factors with respect to pre-2000 service.

If the existing administrative rule mandating proration is not revised, then the distribution of the funds transferred into the annuity reserve by Act s. 27 (1) (a) of 1999 Wis. Act 11 will be prorated with respect to annuities with effective dates after December 31, 1998, and before January 1, 2000. The extraordinary transfer of funds from the Transaction Amortization Account (TAA) mandated by 1999 Wis. 11 causes funds, which would otherwise have remained in the TAA to be recognized and fund annuity dividends in later years, to instead be transferred into the annuity reserve in 1999 and paid out as an annuity dividend effective April 1, 2000. Normally, annuities effective during 1999 would receive only a prorated dividend. If this occurred with respect to this extraordinary distribution, then annuitants with annuity effective dates in 1999 would be deprived of a portion of the earnings of the Public Employe Trust Fund that would otherwise have affected their annuities as of April 1, 2001 and in subsequent years.

Promulgation of an emergency rule is the only available option for revising the effect of Wis. Adm. Code s. ETF 20.25 (1) before December 31, 1999. Accordingly, the Department of Employe Trust Funds, Employe Trust Funds Board, Teacher Retirement Board and Wisconsin Retirement Board conclude that preservation of the public welfare requires placing this administrative rule into effect before the time it could be effective if the Department and Boards were to comply with the scope statement, notice, hearing, legislative review and publication requirements of the statutes.

Publication Date:   December 27, 1999

Effective Date:   December 31, 1999

Expiration Date:   May 29, 2000

Hearing Date:   February 11, 2000

EMERGENCY RULES NOW IN EFFECT

Department of Financial Institutions

Division of Securities

Rules adopted revising s. DFI-Sec 5.01 (4), relating to investment adviser representative competency examination grandfathering provisions.

Finding of Emergency and Analysis

The Division of Securities of the Department of Financial Institutions for the State of Wisconsin finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency follows:

The Division recently adopted for January 1, 2000 effectiveness as part of its annual rule revision process for 1999, a new administrative rule in s. DFI-Sec 5.01(3) that prescribes a new examination requirement for investment advisers and investment adviser representatives seeking licensure in Wisconsin on or after January 1, 2000. That new examination requirement, which includes completely revised Series 65 and Series 66 examinations, was developed over a 3-year period by a Project Group of the North American Securities Administrators Association (“NASAA”).