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Table of contents
Emergency rules now in effect.
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Pages 4 to 11
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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 relating to reimbursement of Johne's disease testing costs.
Rules relating to pathogen-tests on ready-to-eat dairy products.
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Commerce:
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Flammable and Combustible Liquids, Ch. Comm 10
Rules relating to effective date of required upgrades to above ground bulk tanks.
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Corrections:
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Rules relating to sexually explicit material at adult correctional institutions.
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Employment Relations Commission:
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Rules relating to the calculation of a qualified economic offer.
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Financial Institutions - Securities:
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Rules relating to the investment adviser registration depository.
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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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Environmental Protection - Investigation and Remediation, Chs. NR 700--
Rules adopted creating ch. NR 754
, relating to environmental insurance requirements.
[First Appearance]
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Public Service Commission:
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Rules relating to handling of confidential information.
Rules relating to cost of fuel.
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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 12 to 14
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Financial Institutions-Savings Banks:
Financial Institutions-Savings and Loan:
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Investments in development companies.
Investments in development companies.
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Insurance:
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Notes to annual audited financial statements.
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Natural Resources:
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Relating to commercial fishing rule changes.
Rule development for pen standards for captive animals and for the use of captive bear for bear dog training and bear dog trials.
Safe drinking water regulations for radionuclides.
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Transportation:
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Trip permits for mobile homes/manufactured homes.
Addition of segment of State Highway 48 to extended truck routes.
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Submittal of rules to legislative council clearinghouse.
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Page 15
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Agriculture, Trade and Consumer Protection:
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Chs. ATCP 92, 1, 29, 30, 57, 91, 98, 101, 109, 110, 111, 116, and 121 - relating to minor drafting changes to current department rules.
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Medical Examining Board:
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Relating to the USMLE examination.
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Relating to prescribing or dispensing schedule II amphetamines or schedule II anorectics.
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Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:
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Relating to professional counselor training certificates.
Relating to conforming existing rules to present practices and to other rules.
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Rule-making notices.
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Pages 16 to 31
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Agriculture, Trade and Consumer Protection:
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Hearing to consider proposed changes to ch. ATCP 29, relating to pesticide license fee surcharges.
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Hearing on proposed rules relating to minor remedial drafting changes to department rules.
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Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors:
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Hearing to consider an order to create s. A-E 2.02 (7), relating to seals and stamps.
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Corrections:
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Hearing relating to classification, assessment and evaluation, and program review.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1—
Relating to the cooperating forester program.
Relating to boating safety and enforcement.
Relating to public use of department lands.
Environmental protection - Remediation, Chs. NR 700
Hearing to consider ch. NR 754, relating to environmental insurance requirements for liability exemptions for voluntary remediation.
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Public Service Commission:
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Hearing to consider a revision to ch. PSC 185, relating to standards for water public utility service.
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Social Workers, Marriage and Family Therapists and Professional Counselors:
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Hearing to consider an amendment to s. SFC 4.01 (1) (b) 1. and 2., relating to supervision of precertification supervised practice of social work.
Hearing to consider an amendment to s. SFC 3.13 (1) (c), relating to background checks.
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Submission of proposed rules to the legislature.
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Page 32
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Tobacco Control Board:
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Workforce Development:
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Rule orders filed with the revisor of statutes bureau
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Page 33
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Agriculture, Trade and Consumer Protection:
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Health and Family Services:
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Public Instruction:
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Transportation:
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Workforce Development:
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Rules published with this register and final regulatory flexibility analysis.
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Page 34
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Commerce:
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Natural Resources:
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Sections affected by rule revisions and corrections.
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Pages 35 to 36
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Sections affected by revisor's corrections not published.
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Pages 37 to 38
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Executive orders.
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Page 39
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Executive Order No. 418
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Relating to a proclamation that the US and Wisconsin state flags be flow at half-staff for Assistant Fire Chief Dana Johnson of the Grantsburg Volunteer Fire Department.
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Executive Order No. 1
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Relating to the findings of Governor's task force on racial profiling.
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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 - (4)
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.
Publication Date:
July 20, 2000
Effective Date:
July 20, 2000
Expiration Date:
December 18, 2000
Extension Through:
April 16, 2001
2. Rules adopted creating
ch. ATCP 16, relating to importing bovine animals, goats or cervids from a state designated by USDA as a tuberculosis “non-modified accredited" state.
Finding of emergency
(1) Bovine tuberculosis is a contagious, infectious and communicable disease caused by Mycobacterium bovis (M. bovis). It affects cattle, bison, deer, elk, goats and other species, including humans. Bovine tuberculosis in infected animals and humans manifests itself in lesions of the lung, bone, and other body parts. Bovine tuberculosis causes weight loss and general debilitation, and can be fatal.
(2) Wisconsin is currently classified by the United States Department of Agriculture (USDA) as “accredited-free" for tuberculosis.
(3) The USDA recently reclassified Michigan from “accredited-free" to “non-modified accredited," reflecting a higher risk of bovine tuberculosis.
(4) A significant number of bovine animals, goats and cervids are imported to Wisconsin from Michigan each year.
(5) The last known case of bovine tuberculosis in cattle in Wisconsin was confirmed in an animal imported from Michigan.
(6) If bovine tuberculosis becomes established in Wisconsin, it will pose a significant threat to the health of domestic animals and humans in this state.
(7) An emergency rule is needed to protect the public peace, health, safety and welfare. This emergency rule will help to control a serious disease in cattle, goats and cervids and will help protect the marketability of Wisconsin-raised animals.
Publication Date:
August 11, 2000
Effective Date:
August 11, 2000
Expiration Date:
January 8, 2001
Hearing Date:
September 19, 2000
Extension Through:
May 7, 2001
3. Rules adopted creating s. ATCP 10.21 (10) (c) and (15) relating to reimbursement of Johne's disease testing costs.
Finding of emergency
The state of Wisconsin department of agriculture, trade and consumer protection (“department") finds that an emergency exists and that an emergency rule is necessary to protect public health, safety and welfare. The facts constituting the emergency are as follows:
1. 1999 Wisconsin Act 9 was published on October 28, 1999. It appropriates $100,000 for financial assistance to owners of livestock herds for conducting testing for Johne's disease (paratuberculosis) for FY 2000-01. It requires the department to provide the financial assistance.
2. 1999 Wisconsin Act 9 requires the department to promulgate rules for implementing the financial assistance program.
3. Permanent rules establishing the program will not take effect before June 1, 2001. This emergency rule establishes an interim procedure which will allow owners of livestock herds to apply for grants under this program. Without this rule, no person would be able to apply for a grant in FY 2000-01 until at least June 1, 2001, and the department would have insufficient time to review and process the grant requests before the end of the fiscal year.
Publication Date:
January 1, 2001
Effective Date:
January 1, 2001
Expiration Date:
May 31, 2001
Hearing Date:
February 13, 2002
4. Rules adopted revising ch. ATCP 80, relating to pathogen-tests on ready-to-eat dairy products.
Finding of emergency
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) finds that an emergency exists and that an emergency rule is necessary to protect public health, safety and welfare. The facts constituting the emergency are as follows:
(1) DATCP licenses and inspects dairy plants under s. 97.20, Stats. Current DATCP rules, under s. ATCP 80.56(4), Wis. Adm. Code, require dairy plant operators to report to DATCP the results of any microbiological test that confirms the presence of a pathogenic organism in a pasteurized or ready-to-eat dairy product.
(2) There has been a nationwide increase in food borne disease outbreaks associated with food and dairy products. Such outbreaks can occur when ready-to-eat foods enter food distribution channels without being tested for pathogenic bacteria.
(3) There is no national or state law requiring dairy plant operators to test ready-to-eat dairy products for pathogens prior to sale or distribution. Dairy plant operators have a natural incentive to test, in order to avoid liability and meet their customers' product safety demands. But the current test reporting requirement under s. ATCP 80.56(4) discourages pathogen testing, because test reports become public records that may be open to public inspection even if the affected products are withheld from distribution.
(4) There is an urgent need to repeal this counterproductive reporting requirement, and to create alternative rules that will encourage pathogen testing and provide stronger public health protection. This emergency rule will encourage more pathogen testing, and provide stronger public health protection, pending the adoption of “permanent" rule changes.
Publication Date:
March 2, 2001
Effective Date:
March 2, 2001
Expiration Date:
July 30, 2001
Commerce
(Flammable and Combustible Liquids - Ch. Comm 10)
