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Cover_w_new_logo_A30

Wisconsin

Administrative

Register

No. 532

Publication Date: April 30, 2000

Effective Date: May 1, 2000

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

TabCon_A30

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

Emergency Rules Now In Effect.	Pages 7 to 15.
Commerce:	PECFA, Chs. Comm 46 and 47 Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities. Rules relating to appeals under the PECFA program.
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. See Revenue.
Health & Family Services:	Management, etc., Chs. HFS 1-- Rules relating to caregiver background checks. Rules relating to family care.
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 discovery rights in contested case proceedings.
Natural Resources:	Environmental Protection-General, Chs. NR 100-- Rules relating to river protection grants.
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. Rules relating to library system aid payment adjustments. Rules relating to grants for alcohol and other drug abuse (AODA) programs.
Revenue:	Rules relating to assessment of agricultural property. Rules relating to retailer performance program of the Wisconsin Lottery.
Technical College System:	Rules relating to grants for students.
Transportation:	Rules relating to evaluating bids solicited for transit service in a competitive process. Rule relating to cost-efficiency standards for systems participating in the Urban Mass Transit Operating Assistance Program.
Workforce Development:	Economic Support, Chs. DWD 11-59 Rule adopted creating s. DWD 12.28, relating to W-2 Program disregard of 2000 census income. [FIRST APPEARANCE]
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 16 to 17.
Chiropractic Examining Board:	Chir Code - Relating to specific topic areas for continuing education.
Insurance, Commissioner of:	S. Ins 3.39 - Relating to Medicare supplement and Medicare replacement provisions.
Natural Resources (Fish, Game, etc., Chs. NR 1--):	SS. NR 1.212 and 1.213 - Relating to private forestry priorities for assistance and the Cooperating Forester Program.
Pharmacy Examining Board:	Phar Code - Relating to requirements for the dispensing of prescription orders for controlled substances.
Psychology Examining Board:	S. Psy 4.02 - Relating to approval of continuing education programs.
Regulation and Licensing (Real Estate Appraisers Board):	Chs. RL 86 and 87 - Relating to the Uniform Standards of Appraisal Practice (USPAP) requirements as promulgated by the Appraisal Standards Board of the Appraisal Foundation.
Transportation:	Ch. Trans 134 - Relating to administrative procedure for designating authorized special groups and issuing special group license plates.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 18 to 19.
Commerce:	Chs. Comm 20-25 - Relating to the Uniform Dwelling Code.
Investment Board:	S. IB 2.04 - Relating to Investment Board title holding companies.
Natural Resources (Fish, Game, etc., Chs. NR 1--):	S. NR 20.20 (73) (f) 4. - Relating to sport fishing regulations for largemouth and smallmouth bass on inland waters.
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Ch. NR 46 - Relating to establishing administrative deadlines and processes and revising timber stumpage rates for lands entered under the Managed Forest Law and the Forest Crop Law.
Natural Resources (Environmental Protection--General, Chs. NR 100--):	Ch. NR 190 - Relating to lake management planning grants.
Revenue:	Ch. WGC 61.02, 61.04, 61.08 and 61.085 - Relating to the retailer performance program.
Insurance:	Ch. Ins 17 - Relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 2000.
Public Service Commission:	Ch. PSC 117 - Relating to establishing requirements for the use of renewable resource credits, which may be sold by electric providers that produce more renewable energy than the minimum percentages specified by s. 196.378 (2), Stats.
Transportation:	Ch. Trans 276 - Relating to allowing the operation of “double bottoms" (and certain other vehicles) on specified highways.
Transportation:	Ch. Trans 327 - Relating to motor carrier safety requirements.
Notices of Hearings or of Proposed Rules.	Pages 20 to 28.
Commerce:	Uniform Dwelling, Chs. Comm 20-25 Hearings to consider revision of chs. Comm 20-25, relating to the Uniform Dwelling Code. [Hearing dates: 05/12/00, 05/15/00, 05/16/00 and 05/17/00]
Ethics Board:	Hearing to consider ch. Eth 4, relating to identification of a topic of a lobbying communication. [Hearing date: 05/11/00]
Gaming Commission:	See notice under Revenue.
Geologists, Hydrologists and Soil Scientists Examining Board:	Hearing to consider amendment of chs. GHSS 2, 3 and 4, relating to educational and experience requirements prior to sitting for the fundamentals examination. [Hearing date: 05/23/00]
Natural Resources:	Fish, Game, etc., Chs. NR 1- Hearing to consider amendment of s. NR 20.20 (73) (f), relating to largemouth and smallmouth bass on inland waters. [Hearing date: 05/31/00]
Natural Resources:	Fish, Game, etc., Chs. NR 1- Hearing to consider revision of ch. NR 46, relating to Forest Crop and Managed Forest Laws. [Hearing date: 05/11/00]
Natural Resources:	Environmental Protection--General, Chs. NR 100-- Hearings to consider revision of ch. NR 190, relating to lake management planning grants. [Hearing dates: 05/18/00, 05/23/00 and 05/24/00]
Revenue:	Hearing to consider revision of ch. WGC 61, relating to the Wisconsin Lottery's retailer performance program. [Hearing date: 05/31/00]
Transportation:	Hearing to consider amendment of ch. Trans 276, relating to the operation of “double bottoms" on certain highways. [Hearing date: 05/19/00]
Transportation:	Hearing to consider amendment of ch. Trans 327, relating to motor carrier safety requirements. [Hearing date: 05/11/00]
Workforce Development:	Economic Support, Chs. DWD 11 to 59 Hearing to consider s. DWD 12.28, relating to 2000 census income and W-2 eligibility. [05/15/00]
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 29.
Commerce:	(CR 99-143) - Chs. Comm 2,3, 20, 50 to 64, 66, 70, 75 and 90
Commerce:	(CR 00-9) - Chs. Comm 2 and 5 and ss. Comm 45.07, 82.20, 84.10 and 84.11 to 84.14
Corrections:	(CR 97-27) - Ch. DOC 314
Employment Relations-Merit Recruitment and Selection:	(CR 99-167) - SS. ER-MRS 6.08 and 11.04
Insurance, Commissioner of:	(CR 00-6) - S. Ins 3.09 (19)
Public Instruction:	(CR 99-169) - Ch. PI 44
Public Instruction:	(CR 00-3) - S. PI 6.07
Public Instruction:	(CR 00-4) - SS. PI 40.055 and 40.056
Public Instruction:	(CR 00-5) - Ch. PI 35
Public Instruction:	(CR 00-12) - Ch. PI 32
Public Instruction:	(CR 00-13) - Ch. PI 10
Public Instruction:	(CR 00-14) - Ch. PI 24
Workforce Development:	(CR 99-164) - Chs. DWD 290 and 294
Workforce Development:	(CR 99-165) - SS. DWD 12.03, 12.21 and 12.27
Workforce Development:	(CR 00-24) - S. DWD 290.155
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 30.
Agriculture, Trade and Consumer Protection:	(CR 99-5) - Chs. ATCP 29 and 40
Financial Institutions--Credit Unions:	(CR 99-145) - Ch. DFI-CU 52
Financial Institutions--Credit Unions:	(CR 99-146) - Ch. DFI-CU 64
Kickapoo Reserve Management Board:	(CR 99-124) - Ch. KB 1
Natural Resources:	(CR 99-22) - S. NR 150.03 and ch. NR 170
Natural Resources:	(CR 99-155) - SS. NR 10.01, 10.27 and 10.28
Veterans Affairs:	(CR 99-160) - Ch. VA 4
Rules Published in this Wis. Adm. Register.	Page 31.
Commerce:	(CR 98-83) - Chs. Comm 2, 5, 20, 25, 50, 51, 52, 66, 81 to 85 and 91
Commerce:	(CR 99-86) - Chs. Comm 5, 81, 82 and 84
Physical Therapists Affiliated Credentialing Board:	(CR 99-66) - Chs. PT 1 to 5
Public Instruction:	(CR 99-30) - Ch. PI 34
Public Service Commission:	(CR 99-19) - Ch. PSC 160
Revenue:	(CR 99-105) - S. Tax 11.67
Revenue:	(CR 99-134) - S. Tax 11.96
Sections Affected by Rule Revisions and Corrections.	Pages 32 to 35.
REVISIONS
Commerce (Fee Schedule, Ch. Comm 2):	Ch. Comm 2
Commerce (Credentials, Ch. Comm 5):	Ch. Comm 5
Commerce (Uniform Dwelling, Chs. Comm 20 to 25):	Chs. Comm 20 and 25
Commerce (Building and Heating, etc., Chs. Comm 50 to 64):	Chs. Comm 50, 51 and 52
Commerce (Uniform Multifamily Dwellings, Ch. Comm 66):	Ch. Comm 66
Commerce (Plumbing, Chs. Comm 81 to 87):	Chs. Comm 81 to 85
Commerce (Sanitation, Ch. Comm 91):	Ch. Comm 91
Physical Therapists Affiliated Credentialing Board:	Chs. PT 1 to 5
Public Instruction:	Chs. PI 3, 4 and 34
Public Service Commission:	Ch. PSC 160
Revenue:	Ch. Tax 11
EDITORIAL CORRECTIONS
Commerce (Credentials, Ch. Comm 5):	Ch. Comm 5
Commerce (Plumbing, Chs. Comm 81 to 87):	Chs. Comm 86 and 87
Health and Family Services (Community Services, Chs. HFS 30--):	Chs. HFS 34 and 94
Health and Family Services (Health, Chs. HFS 110--):	Ch. HFS 134
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Ch. NR 80
Natural Resources (Environmental Protection--General, Chs. NR 100--):	Ch. NR 115
Natural Resources (Environmental Protection--Water Regulation, Chs. NR 300--):	Chs. NR 324 and 325
Natural Resources (Environmental Protection--Investigation and Remediation, Chs. NR 700--):	Chs. NR 730, 732, 734 and 736
Natural Resources (Environmental Protection--Water Supply, Chs. NR 800--):	Ch. NR 845
Transportation:	Chs. Trans 106 and 107
Final Regulatory Flexibility Analyses.	Pages 36 to 37.
Commerce:	(CR 99-86) - Chs. Comm 5, 81, 82 and 84
Commerce:	(CR 98-83) - Chs. Comm 2, 5, 20, 25, 50, 51, 52, 66, 81 to 85 and 91
Physical Therapists Affiliated Credentialing Board:	(CR 99-66) - Chs. PT 1 to 5
Public Instruction:	(CR 99-30) - Chs. PI 3, 4 and 34
Public Service Commission:	(CR 99-19) - Ch. PSC 160
Revenue:	(CR 99-105) - S. Tax 11.67
Revenue:	(CR 99-134) - S. Tax 11.96
Sections Affected by Revisor's Corrections Not Published.	Pages 38 to 40.
Administration:	Ch. Adm 65
Commerce:	Ch. Comm 15
Corrections:	Ch. DOC 346
Health and Family Services (Management, etc., Chs. HFS 1--):	Chs. HFS 12 and 13
Health and Family Services (Community Services, Chs. HFS 30--):	Chs. HFS 40, 46, 77 and 88
Health and Family Services (Economic Support, Chs. HSS 200--):	Chs. HSS 205, 206 and 211
Insurance, Commissioner of:	Ch. Ins 3
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Ch. NR 60
Natural Resources (Environmental Protection--General, Chs. NR 100--):	Chs. NR 107, 108, 110, 114, 121, 125, 126, 127, 130 and 131
Natural Resources (Environmental Protection--Investigation and Remediation, Chs. NR 700--):	Ch. NR 706
Public Service Commission:	Ch. PSC 136
Transportation:	Ch. Trans 301
Workforce Development (Economic Support, Chs. DWD 11 to 59):	Ch. DWD 58
Workforce Development (Migrant Labor, Ch. DWD 301):	Ch. DWD 301
Executive Orders.	Page 41.
Executive Order No. 388:	Relating to the Creation of the Task Force on Growing Wisconsin Agriculture.
Executive Order No. 389:	Relating to the Creation of the Commission on State/Local Partnerships for the Twenty-First Century.
Executive Order No. 390:	Relating to a Consumer Confidence Report Mailing Waiver.
Public Notice.	Pages 42 to 43.
Workforce Development:	Public notice relating to the child care co-payment schedule for licensed and certified care, effective April 30, 2000.

emerg532

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

Extension Through:   May 16, 2000

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

Hearing Date:   March, 27, 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:   June 12, 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