Register

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Wisconsin

Administrative

Register

No. 518

Publication Date: February 14, 1999

Effective Date: February 15, 1999

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

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The 1997-98 Wisconsin Statutes and Annotations can be ordered now in bound volumes or on the WisLawTM CD-ROM

Bound Volumes:

Prices for the 1997-98 Wisconsin Statutes and Annotations bound volumes are detailed below. Any sales tax due must be added to these prices:

  Hard Cover     Hard Cover       Soft Cover     Soft Cover
  With Postage     Without Postage     With Postage     Without Postage
  $124.00     $117.00       $102.00     $96.00

Send orders to the Document Sales and Distribution Section at the address indicated below, or call [phone]. Unless exempt by law, all sales are subject to 5% state sales tax and, where applicable, 0.5% county sales tax and 0.1% stadium tax. Prepayment is required for all orders. Payments by check, money order, or credit card should be made payable to WI Department of Administration. Credit card orders using either VISA or Mastercard may be placed by calling 1-800-DOC-SALE. Local customers may call 264-9419 to place an order. The bound volumes of the statutes will be available on January 4, 1999.

WisLawTM CD-ROM :

Up-to-date WisLawTM CD-ROM's are released by the Revisor of Statutes Bureau several times a year. WisLawTM contains the continuously-updated Wisconsin Statutes and Annotations with Index, Table of Cross-References, and Table of Sections Affected by Acts, the Wisconsin Acts with Index, the Supreme Court Rules and Internal Operating Procedures, recent Opinions of the Attorney General with Index, the Wisconsin Constitution, the U.S. Constitution, the Administrative Register, the Town Law Forms, and the Wisconsin Code of Military Justice. The Bureau plans to increase gradually the number of chapters of the Wisconsin Administrative Code currently on WisLawTM .

All of the above WisLawTM Infobases are substantially integrated with hypertext links. WisLawTM utilizes
the Windows versions of Folio PreViews search and retrieval software. Folio is used today by the Legislative Branch, by several state agencies, and by 75 of the top 80 legal publishers.

State agencies are using WisLawTM for their legal research. WisLawTM is distributed by DOA's Document Sales Unit to requesting state agencies on a complimentary basis.

WisLawTM is only available by subscription for 12-month periods; the number of updated CD's to be released in any 12-month period is indeterminate. WisLawTM End-user license and subscription order forms are available at Document Sales; CD's will only be delivered upon receipt of a signed license and subscription form and full payment.

A 12-month subscription plus a license for no more than one simultaneous user costs $99. A 12-month subscription plus a license for no more than 4 simultaneous users costs $149. A 12-month subscription plus a license for no more than 10 simultaneous users costs $199. Shipping is included. Unless exempt by law, all sales are subject to 5% state sales tax and, where applicable, 0.5% county sales tax and 0.1% Wisconsin stadium sales tax.

To obtain a WisLaw Subscription Order Form call [phone] or write to:

The State of Wisconsin

Department of Administration

Bureau of Integrated Document Services

Document Sales and Distribution Section

P.O. Box 7840

Madison, WI 53707-7840

No orders will be accepted by FAX. For more information, call [phone], TTY [phone].

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

Emergency Rules Now In Effect.	Pages 5 to 18.
Agriculture, Trade and Consumer Protection:	Rules relating to grade standards for Colby and Monterey Jack cheese. Rules relating to fish farms and imports of live fish and fish eggs.
Commerce:	Flammable and Combustible Liquids, Ch. Comm 10 Rules relating to storage tanks.
Commerce:	Uniform Dwelling, Chs. Comm 20-25 Rule adopted delaying the effective date of the latest revisions to chs. Comm 20-25. [FIRST APPEARANCE]
Commerce:	PECFA Interagency Responsibilities, Ch. Comm 46 Rules relating to interagency responsibilities with PECFA.
Commerce:	Rental Unit Energy Efficiency, Ch. Comm 67 Rules relating to rental unit energy efficiency.
Commerce:	Resources for Communities, etc., Chs. Comm 105-128 Rules relating to the Wisconsin Promise Challenge Grant Program.
Corrections:	Rules relating to search and seizure of probationers and parolees. Rules relating to absconders. Rules relating to chemical castration of child sex offenders.
Emergency Response Board:	Rule adopted amending s. ERB 1.04, relating to reporting requirements for fuel present at 10,000 pounds or more at gas stations. [FIRST APPEARANCE]
Financial Institutions:	Banking Rules relating to mortgage banking.
Health & Family Services:	Management & Technology, etc., Chs. HFS 1-- Rules relating to reporting and investigating caregiver misconduct. Rules relating to caregiver background checks. Rules relating to criminal background checks.
Health & Family Services:	Community Services, Chs. HSS/HFS 30-- Rules relating to searches at the Wisconsin Resources Center.
Health & Family Services:	Health, Chs. HSS/HFS 110-- Rules relating to removal of lead-based paint. Rules relating to the Health Insurance Risk-Sharing Plan. Rules adopted creating ch. HFS 114, relating to neonatal intensive care training grants. [FIRST APPEARANCE]
Insurance, Commissioner of:	Rules relating to delaying effective date for NAIC valuation of life insurance policies. Rules adopted amending s. Ins 3.39 (34) (b), relating to guarantee issue eligibility for Medicare Supplement insurance. [FIRST APPEARANCE]
Natural Resources:	Fish, Game, etc., Chs. NR 1- Rules relating to reservations for state parks, forests and other lands. Rules relating to deer hunting in Unit 67A. Rules relating to sport fishing for yellow perch in Sauk creek. Rules relating to the 1998 migratory game bird season.
Public Instruction:	Rules relating to the Milwaukee Parental School Choice Program. Rules relating to grants for peer review and mentoring. Rule adopted relating to alternative teaching permits.
Public Service Commission:	Rules relating to draft environmental impact statements. Rules relating to sewer main extension cost recovery. Rules adopted amending ch. PSC 4, relating to small generating plants. [FIRST APPEARANCE]
Regulation & Licensing:	Rules relating to regulation of home inspectors. Rules relating to music, art and dance therapists. See Financial Institutions--Banking.
Revenue:	Rules relating to use of an alternative apportionment method.
Veterans Affairs:	Rules relating to expenditure limit for dentures.
Workforce Development:	Economic Support, Chs. DWD 11 to 59 Rules relating to background checks for day care providers. Rules relating to child support.
Workforce Development:	Prevailing Wage Rates, Chs. DWD 290 to 294 Rules relating to annual adjustment of estimated project costs.
Scope Statements.	Pages 19 to 22.
Administration :	Adm Code - Relating to creating rules relating to electronic records.
Agriculture, Trade and Consumer Protection:	Ch. ATCP 30 - Relating to pesticide product restrictions; atrazine pesticides.
Agriculture, Trade and Consumer Protection:	Ch. ATCP 105 - Relating to motor vehicle fuel sales below cost.
Financial Institutions (Division of Banking):	Ch. DFI-Bkg 4 - Relating to deposits in other financial institutions.
Financial Institutions (Division of Banking):	Ch. DFI-Bkg 6 - Relating to investment in bonds issued by international bank for reconstruction and development, the inter-American development bank, and foreign governments.
Financial Institutions (Division of Banking):	Ch. DFI-Bkg 7 - Relating to real estate mortgage loans.
Natural Resources:	Ch. NR 10 - Relating to the establishment of the 1999 migratory game bird hunting seasons.
Revenue:	S. Tax 11.05 - Relating to governmental units; S. Tax 11.87 - Relating to meals, food, food products and beverages; and S. Tax 11.94 - Relating to Wisconsin sales and transportation charges.
Revenue:	S. Tax 11.51 - Relating to Wisconsin sales and use tax treatment of sales made by grocers.
Revenue:	S. Tax 11.66 - Relating to communication services.
Transportation:	Ch. Trans 213 - Relating to the local bridge improvement assistance program.
Transportation:	Ch. Trans 276 - Relating to establishing a network of highways on which long combination vehicles may operate, by adding three highway segments to the network.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 23 to 25.
Corrections:	Ch. DOC 330 - Relating to the pharmacological treatment of serious child sex offenders.
Dentistry Examining Board:	Ch. DE 7 - Relating to the education required of licensed dental hygienists to receive a certificate to administer local anesthesia to patients.
Financial Institutions (Division of Banking):	Ch. RL 41 - Relating to the registration and renewal of registration fees for mortgage bankers, loan originators and mortgage brokers; the transfer fee for loan originators; and the registration periods for all registrations and renewals of registrations.
Funeral Directors Examining Board:	FD Code - Relating to the solicitation of prospective purchasers of burial agreements funded with the proceeds of a life insurance policy.
Health and Family Services:	SS. HFS 119.07 (6) and 119.15 - Relating to the operation of the Health Insurance Risk-Sharing Plan (HIRSP).
Health and Family Services:	Ch. HFS 77 - Relating to interpreting services for persons who are deaf or hard-of-hearing.
Insurance, Commissioner of:	S. Ins 2.80 - Relating to the valuation of life policies model regulation.
Insurance, Commissioner of:	S. Ins 3.39 (34) (b) 1. and 2., (b) 3.b. and (b) 6. - Relating to guarantee issue eligibility for Medicare Supplement insurance.
Revenue:	SS. Tax 11.14 and 11.53 - Relating to sales and use tax exemption certificates and the sales and use tax treatment of temporary events.
Notices of Hearings or of Proposed Rules.	Pages 26 to 36.
Agriculture, Trade and Consumer Protection:	Hearing to consider revision to chs. ATCP 29 and 40, relating to agricultural chemical cleanup surcharge fees.
Commerce:	Flammable and Combustible Liquids, Ch. ILHR 10 Hearings to consider proposed and emergency rules, relating to flammable and combustible liquids.
Corrections:	Hearings to consider revision to s. DOC 328.21 and ch. DOC 330, relating to search and seizure of probation and parole offenders. Hearings to consider ss. DOC 330.01 to 330.17, relating to pharmacological intervention with child sex offenders.
Dentistry Examining Board:	Hearing to consider ch. DE 7, relating to educational requirement for certificate to administer local anesthesia by hygienists.
Financial Institutions:	Banking Hearing to consider renumber of ch. RL 41 to be ch. DFI-Bkg 41, relating to mortgage bankers, loan originators and mortgage brokers.
Funeral Directors Examining Board:	Hearing to consider revision to ch. FD 6, relating to solicitation for burial agreements with life insurance proceeds.
Insurance, Commissioner of:	Hearing to consider revision to s. Ins 2.80, relating to valuation of life insurance policies model regulation. Hearing to consider revision to s. Ins 3.39 (34) (b), relating to guarantee issue eligibility for Medicare Supplement insurance.
Medical Examining Board:	Hearing to consider revision to ch. Med 8, relating to licensure and regulation of physician's assistants.
Regulation and Licensing:	See Financial Institutions--Banking.
Revenue:	Hearing to consider ss. Tax 11.19 and 11.70, relating to printed material exemptions and tax treatment of advertising agencies.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 37.
Administration:	(CR 98-110) - Ch. Adm 19
Barbering and Cosmetology Examining Board:	(CR 98-133) - Chs. BC 1 to 9
Chiropractic Examining Board:	(CR 98-141) - S. Chir 4.05 (2) (f), (g) and (h)
Health and Family Services:	(CR 98-136) - SS. HFS 51.01, 51.02, 51.03 and 51.09
Health and Family Services:	(CR 98-160) - S. HFS 94.24 (2) (d) 1. d. and (e)
Regulation and Licensing:	(CR 98-124) - Ch. RL 5
Regulation and Licensing:	(CR 98-173) - Chs. RL 140 to 142
Revenue:	(CR 97-29) - S. Tax 11.12
Revenue:	(CR 98-128) - SS. Tax 11.09 and 11.28
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 38.
Natural Resources:	(CR 97-152) - Ch. NR 47, subch. VII
Natural Resources:	(CR 98-94) - S. NR 20.08 (10)
Public Notice.	Page 39.
Health and Family Services:	Public notice relating to Medical Assistance reimbursement of hospitals - annual rate update.

emer518

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)

Agriculture, Trade & Consumer Protection

1.   Rules adopted amending ss. ATCP 81.50 (2), 81.51 (2), and 81.52 (2), relating to grade standards for colby and monterey (jack) cheese.

Finding of Emergency

The state of Wisconsin department of agriculture, trade and consumer protection (DATCP) finds that an emergency exists and that an emergency rule is necessary for economic reasons to protect the public welfare of the citizens of Wisconsin. The facts constituting the emergency are as follows:

(1) DATCP has adopted standards for grades of cheese manufactured and sold in Wisconsin under s. 97.177, Stats., and ch. ATCP 81, Wis. Adm. Code. Any cheese which carries a state grade mark must conform to the standards and characteristics of the labeled grade.

(2) Under current rules, colby and monterey (jack) cheese must contain numerous mechanical openings in order to be labeled or sold as Wisconsin certified premium grade AA or Wisconsin grade A (Wisconsin state brand).

(3) Changes in cheese manufacturing technology, packaging and equipment have made it extremely difficult for many processors and packagers to achieve the numerous mechanical openings or open body character required by these top two grade categories. A majority of today's wholesale buyers and packagers prefer a closed body cheese for a variety of reasons, including ease of shredding and the ability to package “exact-weight” pieces with minimal variation and waste.

(4) Currently, a closed body cheese may be labeled or sold as Wisconsin grade B or “not graded.” It cannot be labeled or sold as Wisconsin certified premium grade AA or Wisconsin grade A (Wisconsin state brand), nor can it command the premium price associated with these top two grade categories.

(5) Wisconsin is the only state with its own grade standards for colby and monterey (jack) cheese. The United States Department of Agriculture modified its grade standards for colby and monterey jack cheese in 1995 and 1996, respectively, in response to industry requests to allow an open or closed body. Buyers who cannot obtain the desired graded product in Wisconsin will likely switch to suppliers from other states. Once customers are lost they are difficult to regain.

(6) Wisconsin's dairy industry plays a major role in our state's economy. Approximately $3 billion or 90% of Wisconsin's milk production goes into the manufacture of cheese. Lost business revenues harm the dairy industry, cause increased unemployment, and have a negative impact on the state's economy.

(7) Pending the adoption of rules according to the normal administrative rulemaking procedures, it is necessary to adopt emergency rules under s. 227.24, Stats. to protect the public welfare based on an economic emergency for the state's dairy industry and the subsequent impact on the general economy and citizens of this state.