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Wisconsin
Administrative
Register
No. 521
Publication Date: May 31, 1999
Effective Date: June 1, 1999
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
StatsNewsRelease_A14
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TOC521B
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 7 to 18.
Agriculture, Trade and Consumer Protection:
Rule relating to drug residues in raw milk.
Rules relating to security of dairy plant payments to milk producers.
Commerce:
Flammable and Combustible Liquids, Ch. Comm 10
Rules relating to storage tanks.
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 volume cap on tax-exempt private activity bonds.
Rules relating to the Wisconsin Development Zone 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 relating to reporting requirements for fuel present at 10,000 pounds or more at gas stations.
Financial Institutions:
Banking
Rules relating to mortgage banking.
Financial Institutions:
Securities
Rules relating to alternative accounting guidelines.
Geologists, Hydrologists & Soil Scientists Examining Board:
Rules adopted creating chs. GHSS 1 to 5, relating to registration and regulation of geologists, hydrologists and soil scientists. [FIRST APPEARANCE]
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-
See emergency rules relating to ch. DWD 55.
Health & Family Services:
Health, Chs. HSS/HFS 110-
Rules relating to the Health Insurance Risk-Sharing Plan.
Rules adopted relating to neonatal intensive care training grants.
Insurance, Commissioner of:
Rules relating to delaying effective date for NAIC valuation of life insurance policies.
Rules adopted relating to guarantee issue eligibility for Medicare Supplement insurance.
Natural Resources:
See also emergency rules relating to Comm 46.
Fish, Game, etc., Chs. NR 1-
Rules relating to sport fishing for yellow perch in Sauk creek.
Rules relating to special closure of sturgeon spearing season.
Natural Resources:
Environmental Protection-Water Regulation,
Chs. NR 300-
Rules relating to determination of navigability in farm ditches.
Public Instruction:
Rule adopted relating to alternative teaching permits.
Public Service Commission:
Rules relating to small generating plants.
Rules relating to standards for water and sewer service in mobile home parks.
Regulation & Licensing:
Rules relating to regulation of home inspectors.
Revenue:
Rule adopted relating to the sales and use tax treatment of machinery and equipment used in waste reduction and recycling activities.
Workforce Development:
Economic Support, Chs. DWD 11 to 59
Rules relating to background checks for day care providers.
Rules relating to criminal record background checks in day care.
Scope Statements.
Pages 19 to 20.
Nursing Home Administrator Examining Board:
NHA Code - Relating to granting reciprocal licenses to persons who hold a license as a nursing home administrator in another state.
Pharmacy Examining Board:
Phar Code - Relating to requiring each pharmacy to keep written records of all dispensing errors as an aid in developing a quality improvement program for the pharmacy.
Revenue:
S. Tax 11.64 - Relating to background music.
Workforce Development:
Economic Support, Chs. DWD 11 to 59
Ch. DWD 18 - Relating to Public Assistance record retention.
Workforce Development:
Unemployment Compensation, Chs. DWD 100-150
S. DWD 149.04 - Relating to disclosure of Unemployment Compensation records.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 21 to 23.
Agriculture, Trade and Consumer Protection:
Ch. ATCP 15 - Relating to humane officer certification and training.
Agriculture, Trade and Consumer Protection:
Ch. ATCP 34 - Relating to the “Clean Sweep” program.
Commerce:
Ch. Comm 83 - Relating to private sewage systems.
Commerce:
Chs. Comm 5, 82 and 84 - Relating to credentials and fire sprinkler systems.
Commerce:
Ch. Comm 111 - Relating to certified capital companies.
Geologists, Hydrologists & Soil Scientists Examining Board:
Chs. GHSS 1 to 5 - Relating to the registration and regulation of professional geologists, hydrologists and soil scientists.
Health and Family Services:
Ch. HFS 115 - Relating to screening of newborn children for congenital and metabolic disorders.
Insurance, Commissioner of:
Chs. Ins 8 and 19 - Relating to health insurance.
Natural Resources:
Chs. NR 40, 41 and 45 - Relating to public use of Department lands.
Natural Resources:
Ch. NR 45 - Relating to the automated park reservation system.
Natural Resources:
Ch. NR 46 - Relating to stumpage values for wood products cut from Forest Crop Law and Managed Forest Law lands.
Notices of Hearings or of Proposed Rules.
Pages 24 to 48.
Agriculture, Trade & Consumer Protection:
Hearings to consider an ch. ATCP 15, relating to the certification and training of humane officers.
Hearings to consider ch. ATCP 34, relating to collection of unwanted agricultural chemicals and containers (Agricultural Clean Sweep).
Hearings to consider both the emergency and permanent rule revision to s. ATCP 60.19, relating to drug residues in raw milk.
Hearings to consider revision to ch. ATCP 77, relating to certification fees for testing laboratories.
Commerce:
Plumbing, Chs. Comm 82-87
Proposed amendment to s. Comm 83.03 (2), relating to system abandonment.
Commerce:
Credentials, Ch. Comm 5
Plumbing, Chs. Comm 82-87
Hearing to consider revision to chs. Comm 5, 82 and 84, relating to credentials and fire sprinkler systems.
Commerce:
Financial Resources for Businesses and Communities, Chs. Comm 105-128
Hearing to consider ch. Comm 111, relating to certified capital companies.
Elections Board:
Proposed revision of s. ElBd 6.05, relating to filing campaign reports in electronic format.
Geologists, Hydrologists and Soil Scientists Examining Board:
Hearing to consider an emergency rule and permanent rule creating chs. GHSS 1 to 5, relating to registration and regulation of professional geologists, hydrologists and soil scientists.
Health and Family Services:
Community Services, Chs. HFS 30--
Hearings to consider ch. HFS 58, relating to the eligibility of nonparent relatives of children to receive kinship care benefits to help them provide care and maintenance for the children.
Insurance, Commissioner of:
Hearing to consider the repeal of subchs. III and IV of ch. Ins 8 and the creation of ch. Ins 19, relating to health insurance.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearings to consider revision to s. NR 45.10, relating to camp reservations in state parks and forests.
Hearings to consider repeal of chs. NR 40 and 41 and revision to ch. NR 45, relating to public use of Department lands.
Hearing to consider revision to ch. NR 46, relating to the Forest Crop Law and the Managed Forest Law.
Natural Resources:
Environmental Protection--Water Management, Chs. NR 300--
Hearings to consider ch. NR 303, relating to determinations of navigability for farm drainage ditches.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 49.
Agriculture, Trade and Consumer Protection:
(CR 98-158) - Ch. ATCP 75
Commerce:
(CR 99-52) - Ch. Comm 113
Financial Institutions--Securities:
(CR 99-61) - Ch. DFI-Sec 2.01 (1) (c) 6. and (d) 6.
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 50.
Agriculture, Trade and Consumer Protection:
(CR 98-154) - Chs. ATCP 1, 2, 40, 42, 45, 50 and 161
and Jus 2 and ss. ATCP 92.05, 100.93
109.03 and 121.01
Corrections:
(CR 98-193) - Ch. DOC 349
Corrections:
(CR 98-208) - S. DOC 328.21 (3) and (7) (intro.)
Financial Institutions--Banking:
(CR 99-12) - Chs. DFI-Bkg 41 and RL 41
Insurance, Commissioner of:
(CR 99-14) - S. Ins 2.80
Natural Resources:
(CR 98-178) - S. NR 20.20 (73) (j) 4.
Public Defender:
(CR 99-33) - S. PD 6.04 (5)
Public Instruction:
(CR 98-164) - S. PI 3.03 (6) (b) 3.
Revenue:
(CR 98-144) - SS. Tax 11.19 and 11.70
Revenue:
(CR 98-171) - S. Tax 11.68
Rules Published in this Wis. Adm. Register.
Pages 51 to 52.
Agriculture, Trade and Consumer Protection:
(CR 98-97) - Chs. ATCP 102 and 105
Agriculture, Trade and Consumer Protection:
(CR 98-123) - Chs. ATCP 10 and 11
Agriculture, Trade and Consumer Protection:
(CR 98-152) - Chs. ATCP 10, 11 and 12
Agriculture, Trade and Consumer Protection:
(CR 98-182) - SS. ATCP 81.50, 81.51 and 81.52
Barbering and Cosmetology Examining Board:
(CR 98-133) - Chs. BC 1 to 9
Health and Family Services:
(CR 98-127) - Ch. HSS 98
Health and Family Services:
(CR 98-136) - SS. HSS 51.01, 51.02, 51.03 and 51.09
Insurance, Commissioner of:
(CR 98-186) - Ch. Ins 51
Natural Resources:
(CR 98-93) - S. NR 50.23
Natural Resources:
(CR 98-146) - Ch. NR 167
Natural Resources:
(CR 98-148) - Ch. NR 20 and s. NR 21.02 (16)
Natural Resources:
(CR 98-150) - SS. NR 20.03 and 23.02
Natural Resources:
(CR 98-151) - Ch. NR 809, subch. VIII
Natural Resources:
(CR 98-176) - Ch. NR 47
Natural Resources:
(CR 98-178) - S. NR 20.20 (73) (j) 4.
Regulation and Licensing:
(CR 98-124) - SS. RL 5.01, 5.02, 5.06, 5.075 and 5.08
Revenue:
(CR 97-29) - S. Tax 11.12
Revenue:
(CR 98-128) - SS. Tax 11.09 and 11.28
Social Workers, Marriage & Family Therapists, and Professional Counselors Examining Board:

(CR 98-53) - S. SFC 1.02 (intro.) and ch. SFC 8
Transportation:
(CR 98-145) - Ch. Trans 31
Veterans Affairs:
(CR 98-120) - S. VA 1.19
Veterans Affairs:
(CR 98-200) - S. VA 1.10 (7)
Workforce Development:
(CR 99-6) - S. DWD 290.155
Sections Affected by Rule Revisions and Corrections.
Pages 53 to 55.
Revisions
Agriculture, Trade and Consumer Protection:
Chs. ATCP 10 to 12, 81, 102 and 105
Barbering and Cosmetology Examining Board:
Chs. BC 1 to 9
Health and Family Services (Community Services, Chs. HFS/HSS 30--):

Chs. HFS 51 and 98
Insurance, Commissioner of:
Ch. Ins 51
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Chs. NR 20, 21, 47 and 50
Natural Resources (EP-General, Chs. NR 100--):
Ch. NR 167
Natural Resources (EP-Water Supply, Chs. NR 800--):
Ch. NR 809
Regulation and Licensing:
Ch. RL 5
Revenue:
Ch. Tax 11
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:

Chs. SFC 1 and 8
Transportation:
Ch. Trans 31
Veterans Affairs:
Ch. VA 1
Workforce Development (Prevailing Wage Rates, Chs. DWD 290-294):

Ch. DWD 290
Editorial Corrections
Agriculture, Trade and Consumer Protection:
Chs. ATCP 81 and 102
Barbering and Cosmetology Examining Board:
Chs. BC 1 and 3
Health and Family Services (Community Services, Chs. HFS/HSS 30--):

Chs. HFS 50, 51, 97, 98 and 99
Natural Resources (EP-Water Supply, Chs. NR 800--):
Ch. NR 809
Revenue:
Ch. Tax 11
Veterans Affairs:
Ch. VA 1
Errata
Commerce (Infectious Agents, Ch. Comm 35):
Cover page
Financial Institutions--Savings and Loan:
Cover page
Final Regulatory Flexibility Analyses.
Pages 56 to 62.
Agriculture, Trade and Consumer Protection:
(CR 98-152) - Chs. ATCP 10, 11 and 12
Agriculture, Trade and Consumer Protection:
(CR 98-123) - Chs. ATCP 10 and 11
Agriculture, Trade and Consumer Protection:
(CR 98-182) - Ch. ATCP 81
Agriculture, Trade and Consumer Protection:
(CR 98-97) - Chs. ATCP 102 and 105
Barbering and Cosmetology Examining Board:
(CR 98-133) - Chs. BC 1 to 9
Health and Family Services:
(CR 98-136) - Ch. HSS 51
Health and Family Services:
(CR 98-127) - Ch. HSS 98
Insurance, Commissioner of:
(CR 98-186) - Ch. Ins 51
Natural Resources:
(CR 98-148) - Ch. NR 20 and s. NR 21.02 (16)
Natural Resources:
(CR 98-150) - SS. NR 20.03 and 23.02
Natural Resources:
(CR 98-178) - S. NR 20.20 (73) (j) 4.
Natural Resources:
(CR 98-176) - Ch. NR 47
Natural Resources:
(CR 98-93) - S. NR 50.23
Natural Resources:
(CR 98-146) - Ch. NR167
Natural Resources:
(CR 98-151) - Ch. NR 809, subch. VIII
Regulation and Licensing:
(CR 98-124) - Ch. RL 5
Revenue:
(CR 97-29) - S. Tax 11.12
Revenue:
(CR 98-128) - SS. Tax 11.09 and 11.28
Social Workers, Marriage & Family Therapists, and Professional Counselors Examining Board:

(CR 98-53) - S. SFC 1.02 (intro.) and ch. SFC 8
Transportation:
(CR 98-145) - Ch. Trans 31
Veterans Affairs:
(CR 98-200) - S. VA 1.10 (7)
Veterans Affairs:
(CR 98-120) - S. VA 1.19
Workforce Development:
(CR 99-6) - S. DWD 290.155
Executive Orders.
Page 63.
Executive Order 368.
Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be flown at half-staff as a mark of respect for the late John Tomlin.
Executive Order 369.
Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be flown at Half-Staff as a Mark of Respect for Peace Officers Who Have Given Their Lives in the Line of Duty.
Public Notice.
Pages 64 to 65.
Health and Family Services:
Public notice relating to Medical Assistance reimbursement of nursing homes: State of Wisconsin Medicaid Nursing Facility Payment Plan for FY (Fiscal Year) 1999-2000 .
emer521
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 were adopted amending s. ATCP 60.19 (3) and (4), relating to drug residues in raw milk.
Finding of Emergency
The state of Wisconsin department of agriculture, trade and consumer protection (DATCP) finds that an emergency exists and that the following emergency rule is necessary to protect public health, safety and welfare. The facts constituting the emergency are as follows:
(1) Milk from Wisconsin dairy farms may not contain drug residues. Current rules under ch. ATCP 60, Wis. Adm. Code, require every dairy plant operator to perform a drug residue screening test on every bulk load of raw milk received by that operator. If the bulk load tests positive for any drug residue, the operator must test a milk sample from each producer milk shipment included in that bulk load. Current rules do not require a dairy plant operator to perform a confirmatory test if a producer sample tests positive on an initial test.
(2) If a producer sample tests positive for drug residue, the dairy plant operator may hold that producer financially responsible for contaminating the bulk load. In some cases, the cost of a contaminated tanker load of milk may be $5,000 or more. The department may also take enforcement action against the milk producer. Enforcement may result in financial penalties or suspension of the milk producer's license.
(3) In several enforcement actions, producers have argued that dairy plant drug residue tests were inaccurate. Producers claimed that there was no confirmatory testing, and no opportunity to confirm the accuracy of the dairy plant operator's test findings. Inaccurate findings may unfairly penalize affected producers, and result in severe financial losses to those producers. The lack of a confirmatory test aggravates conflicts between dairy plant operators and milk producers.
(4) Confirmatory testing of test-positive producer samples would provide greater assurance of fairness for milk producers, and would help avoid conflicts between dairy plant operators and producers. Dairy plant operators can perform confirmatory tests at reasonable cost. An emergency rule requiring confirmatory testing of producer samples is necessary to protect milk producers, and to promote the efficient operation and economic well-being of Wisconsin's dairy industry.
(5) Confirmatory testing of test-positive producer samples will enhance, and not reduce, the safety of Wisconsin milk supplies. Dairy plant operators will still be required to test bulk tanker loads of milk, and dispose of tanker loads that test positive for drug residues.
(6) This emergency rule will strengthen public health protection by requiring dairy plant operators to dispose of contaminated loads, or denature contaminated loads before transferring them to the custody of another person. Denaturing ensures that persons receiving custody of contaminated loads will not redirect them to human food use.
(7) Pending the adoption of rules according to normal administrative rulemaking procedures, it is necessary to adopt this emergency rule to do both of the following:
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