Wisconsin
Administrative
Register
No. 541
Publication Date: January 14, 2001
Effective Date: January 15, 2001
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
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Table of contents
Emergency rules now in effect.
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Pages 4 to 10
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Agriculture, Trade and Consumer Protection:
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Rule relating to residential rental practices.
Rules relating to importing certain animals from a USDA-designated “non-modified accredited" state.
Rules adopted creating s. ATCP 10.21 (10) (c) and (15), relating to reimbursement of Johne's disease testing costs. [First appearance]
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Commerce:
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PECFA, Chs. Comm 46-47
Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities.
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Financial Institutions - Securities:
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Rules adopted revising chs. DFI-Sec 1 and 5, relating to the Investment Adviser Registration Depository.
[First appearance]
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Health & Family Services:
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Community Services, Chs. HFS 30--
Rules relating to state Supplemental Security Income (SSI) payments.
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Health & Family Services:
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Health, Chs. HFS 110--
Rules relating to certification for removal of lead-based paint hazards.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1--
Rules relating to the stewardship program.
Rules relating to cost sharing program to suppress gypsy moths.
Rules adopted relating to speed limits for snowmobiles.
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Natural Resources:
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Environmental Protection-General, Chs. NR 100--
Rules relating to the brownfield site assessment grant program.
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Natural Resources:
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Environmental Protection - Investigation & Remediation, Chs. NR 700--
Rules relating to sites contaminated with petroleum products from petroleum storage tanks.
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Public Service Commission:
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Rules relating to handling on confidential information.
Rules adopted amending s. PSC 116.06, relating to cost of fuel.
[First Appearance]
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Regulation and Licensing:
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Rules relating to massage therapists and bodyworkers.
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Revenue:
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Rules relating to the tobacco settlement agreement.
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Tobacco Control Board:
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Rules relating to the administration and awarding of grants for tobacco control and establishing criteria for recipients of the grants.
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Scope statements.
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Pages 11 to 12
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Administration:
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Establishing fees for certain high voltage transmission lines.
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Hearings and Appeals:
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Creating rules for the administrative revocation of Truth-in-Sentencing Extended Supervision.
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Natural Resources:
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NR 8 - Relating to standards and procedures for the automated license issuance system regarding authorization to issue approvals and purchasing approvals for another person.
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Natural Resources:
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Authorization to form a task force to develop recommendations for statutory and administrative rule revisions of recordkeeping requirements and procedures for licensed sport trollers.
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Natural Resources:
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Development of an environmental management system (EMS) applicable to the development of waste policy.
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Workforce Development:
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Relating to annual of thresholds for application of prevailing wage rates.
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Notices of submittal of proposed rules to Wisconsin legislative council rules clearinghouse.
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Page 13
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Insurance Commissioner:
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Ins 3 - relating to long term care insurance.
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Ins 25 - relating to privacy of personal information.
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Public Instruction:
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PI 18 - relating to social studies high school graduation requirements.
PI 26 - relating to the education for employment program.
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Public Service Commission:
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PSC 2 - relating to practice and procedure before the Commission.
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Rulemaking notices.
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Pages 14 to 23
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Agriculture, Trade and Consumer Protection:
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Hearing to consider revision to ch. ATCP 74, relating to fees required of municipal agents that license and inspect retail food establishments.
[Hearing date: 1/17/01]
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Hearing to consider revision to ch. ATCP 161, relating to grants to ethanol producers.
[Hearing date: 1/24/01]
Hearing to consider revision to ch. ATCP 97, relating to warehouse keepers.
[Hearing date: 1/18/01]
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Insurance:
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Hearing to consider revision to ss. Ins 3.455 and 3.46, relating to long term care insurance. [Hearing date: 1/29/01]
Hearing to consider ch. Ins 25, relating to privacy of personal nonpublic information. [Hearing date: 1/31/01]
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Public Service Commission:
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Hearing to consider revision to ch. PSC 2, relating to practice and procedure before the commission. [Hearing date: 1/26/01]
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Notice of submission of proposed rules to the Legislature.
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Page 24
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Agriculture, Trade and Consumer Protection:
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Transportation:
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Administrative rules filed with the Revisor of Statutes Bureau.
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Page 25
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Agriculture, Trade and Consumer Protection:
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Athletic Trainers Affiliated Credentialing Board:
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Commerce:
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Health and Family Services:
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Health and Family Services:
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Pharmacy Examining Board:
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Transportation:
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Transportation:
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Workforce Development:
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Workforce Development:
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Workforce Development:
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( CR 00-127) - chs. DWD 22 and HSS 205, 206, 207, 225, and 244
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Emergency rules now in effect
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.
Copies of emergency rule orders can be obtained from the promulgating agency. The text of current emergency rules can be viewed at
www.legis.state.wi.us/rsb/code.
Agriculture, Trade & Consumer Protection - (3)
1. Rule adopted repealing s. ATCP 134.06 (3) (c) note and creating s. ATCP 134.06 (3) (d), relating to residential rental practices.
Exemption from finding of emergency
On June 21, 2000, the Legislature's Joint Committee for Review of Administrative Rules (JCRAR) found that the “note" to s. ATCP 134.06 (3) (c) is actually a rule and directed DATCP to adopt the “note" as an emergency rule. According to s. 227.26 (2) (b), Stats., DATCP must promulgate the emergency rule under s. 227.24 (1) (a), Stats., within 30 days after the JCRAR directs DATCP to do so. Because the JCRAR has directed DATCP to adopt this emergency rule, DATCP is not required to make any other finding of emergency.
Analysis prepared by the Department of Agriculture, Trade and Consumer Protection
The Department of Agriculture, Trade and Consumer Protection (DATCP) administers state landlord-tenant rules contained in ch. ATCP 134, Wis. Adm. Code. These rules affect over 1.5 million Wisconsin residents.
This emergency rule modifies current residential rental practices rules related to security deposit withholding. Under current rules, a landlord may not withhold a security deposit for normal wear and tear, or for other damages or losses for which the tenant cannot reasonably be held responsible. A “note" to s. ATCP 134.06 (3) (c) also states that a landlord may not withhold from a tenant's security deposit for routine painting or carpet cleaning, where there is no unusual damage caused by tenant neglect.
