Register

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Wisconsin

Administrative

Register

No. 524

Publication Date: August 31, 1999

Effective Date: September 1, 1999

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

StatsNewsRelease_A14

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TabCon524B

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

Emergency Rules Now In Effect.	Pages 5 to 10.
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:	PECFA Interagency Responsibilities, Ch. Comm 46 Rules relating to interagency responsibilities with PECFA.
Commerce:	Resources for Communities, etc., Chs. Comm 105-128 Rules relating to the Wisconsin Development Zone Program. Rules relating to certified capital companies.
Employment Relations Commission:	Rules relating to calculation of minimum qualified economic offers for school district employes.
Geologists, Hydrologists & Soil Scientists Examining Board:	Rules relating to registration and regulation of geologists, hydrologists and soil scientists.
Health & Family Services:	Medical Assistance, Chs. HFS 100-108 Rules relating to operation of the BadgerCare health insurance program. Rule relating to certification of specialized medical vehicle providers.
Health & Family Services:	Health, Chs. HFS 110- Rules relating to the Health Insurance Risk-Sharing Plan (HIRSP). Rules adopted creating s. HSS 122.10, relating to distribution of closed nursing home beds to a veterans' nursing home. [FIRST APPEARANCE]
Higher Educational Aids Board:	Rules adopted amending s. HEA 11.03 (3) and creating s. HEA 11.03 (5), relating to the Minority Teacher Loan Program. [FIRST APPEARANCE]
Insurance, Commissioner of:	Rules relating to Patients Compensation and Mediation Fund fees.
Natural Resources:	See emergency rules relating to Comm 46.
Natural Resources:	Environmental Protection-Water Regulation, Chs. NR 300- Rules relating to determination of navigability in farm ditches. Rules relating to ski jumps and platforms.
Scope Statements.	Pages 11 to 12.
Corrections, Dept. of:	Ch. DOC 328 - Relating to adult field supervision, to conform the Wisconsin Administrative Code to 1997 Wis. Act 275, relating to lifetime supervision of certain sex offenders.
Elections Board:	SS. ElBd 7.01 to 7.03 - Relating to applying for approval of electronic voting systems and equipment and to testing and continuing approval of electronic voting systems and equipment.
Medical Examining Board:	S. Med 10.02 (2) (zb) - Relating to prescribing or dispensing Schedule II amphetamines or Schedule II anorectics.
Natural Resources:	NR Code - Relating to the development of recommendations for revisions of state weed laws and development of an invasive plant program.
Psychology Examining Board:	S. Psy 2.08 - Relating to limiting the number of times an applicant may sit for the Examination for the Professional Practice of Psychology without receiving further education or training.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Page 13.
Commerce:	Chs. Comm 82 and 84 - Relating to the Wisconsin Uniform Plumbing Code.
Commerce:	Ch. Comm 90 - Relating to the design and construction of public swimming pools.
Notices of Hearings or of Proposed Rules.	Pages 14 to 21.
Agriculture, Trade & Consumer Protection:	Hearings to consider revision to ch. ATCP 30, relating to use of atrazine pesticides.
Commerce:	Plumbing, Chs. Comm 82-87 Hearing to consider revision to chs. Comm 82 and 84, relating to plumbing.
Commerce:	Swimming Pools, Ch. Comm 90 Hearing to consider revision to ch. Comm 90, relating to design and construction of public swimming pools.
Health & Family Services:	Health, Chs. HFS 110- Hearing to consider an emergency rule creating s. HSS 122.10, relating to distribution of nursing home beds to nursing homes serving veterans.
Natural Resources:	Environmental Protection--WPDES, Chs. NR 200-- Environmental Protection--Water Regulation, Chs. NR 300-- Environmental Protection--Air Pollution Control, Chs. NR 400-- Hearings to consider revisions to chs. NR 216, 300, 405, 406, 408 and 411, relating to the fee refund or “permit guarantee” program.
Public Instruction:	Hearing to consider amendment to s. PI 11.24 (9) (c) , relating to medical referrals for school occupational therapy.
Revenue:	Proposed revision of s. Tax 11.66, relating to communications services.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 22.
Agriculture, Trade and Consumer Protection:	(CR 99-5) - Chs. ATCP 29 and 40
Agriculture, Trade and Consumer Protection:	(CR 99-85) - Ch. ATCP 15
Pharmacy Examining Board:	(CR 99-92) - Ch. Phar 16
Podiatrists Affiliated Credentialing Board:	(CR 99-38) - Chs. Pod 1 to 6
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 23.
Agriculture, Trade and Consumer Protection:	(CR 98-142) - Chs. HSS 165 and ATCP 77
Agriculture, Trade and Consumer Protection:	(CR 99-18) - Chs. ATCP 10 and 11
Health and Family Services:	(CR 99-71) - Ch. HFS 90
Natural Resources:	(CR 98-41) - S. NR 25.06 (2) (c) 1.
Natural Resources:	(CR 98-181) - Chs. NR 400-- series.
Rules Published in this Wis. Adm. Register.	Page 24.
Agriculture, Trade and Consumer Protection:	(CR 98-81) - Ch. ATCP 48
Agriculture, Trade and Consumer Protection:	(CR 98-159) - Ch. ATCP 139
Commerce:	(CR 99-10) - SS. Comm 10.18 and 10.48
Commerce:	(CR 99-52) - Ch. Comm 113
Elections Board:	(CR 99-77) - S. ElBd 6.05
Financial Institutions--Banking:	(CR 99-58) - Ch. DFI-Bkg 4
Financial Institutions--Banking:	(CR 99-59) - Ch. DFI-Bkg 6
Financial Institutions--Banking:	(CR 99-60) - Ch. DFI-Bkg 7
Financial Institutions--Securities:	(CR 99-61) - S. DFI-Sec 2.01 (1) (c) and (d)
Health and Family Services:	(CR 99-4) - SS. HFS 119.07 and 119.15
Natural Resources:	(CR 98-179) - S. NR 10.40 (5)
Public Defender:	(CR 99-74) - S. PD 1.04 (10)
Public Service Commission:	(CR 98-156) - Ch. PSC 186
Public Service Commission:	(CR 98-157) - Ch. PSC 187
Public Service Commission:	(CR 98-194) - Ch. PSC 183
Regulation and Licensing:	(CR 99-36) - S. RL 12.04 and ch. RL 25
Revenue:	(CR 99-11) - SS. Tax 11.14 and 11.53
Revenue:	(CR 99-26) - SS. Tax 11.26, 11.32, 11.41 and 11.83
Revenue:	(CR 99-62) - S. Tax 11.33 (4) (a) and (g)
Workforce Development:	(CR 98-201) - Ch. DWD 14
Sections Affected by Rule Revisions and Corrections.	Pages 25 to 26.
REVISIONS
Agriculture, Trade and Consumer Protection:	Chs. ATCP 48 and 139
Commerce:	Flammable and Combustible Liquids, Ch. Comm 10 Ch. Comm 10
Commerce:	Financial Resources for Businesses and Communities, Ch. Comm 113 Ch. Comm 113
Elections Board:	Ch. ElBd 6
Financial Institutions--Banking:	Chs. DFI-Bkg 4, 6 and 7
Financial Institutions--Securities:	Ch. DFI-Sec 2
Health and Family Services:	Health, Chs. HFS 110-- Ch. HFS 119
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Ch. NR 10
Public Defender:	Ch. PD 1
Public Service Commission:	Chs. PSC 183, 186 and 187
Regulation and Licensing:	Chs. RL 12 and 25
Revenue:	Ch. Tax 11
Workforce Development:	Economic Support, Chs. DWD 11 to 59 Ch. DWD 14
EDITORIAL CORRECTIONS
Commerce:	Flammable and Combustible Liquids, Ch. Comm 10 Ch. Comm 10
Elections Board:	Chs. ElBd 1 and 4
Financial Institutions--Securities:	Chs. DFI-Sec 1, 4, 5 and 7
Labor and Industry Review Commission:	Ch. LIRC 4
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Ch. NR 10
Regulation and Licensing:	Ch. Tax 11
State Fair Park Board:	Ch. SFP 3
ERRATA
Health and Family Services:	Management, Policy and Budget, Chs. HFS 1-- Ch. HFS 13
Health and Family Services:	Community Services, Chs. HFS/HSS 30-- Chs. HSS 80 and 81
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Ch. NR 10
Final Regulatory Flexibility Analyses.	Pages 27 to 31.
1. Agriculture, Trade and Consumer Protection:	(CR 98-81) - Ch. ATCP 48
2. Agriculture, Trade and Consumer Protection:	(CR 98-159) - Ch. ATCP 139
3. Commerce:	(CR 99-10) - Ch. Comm 10
4. Commerce:	(CR 99-52) - Ch. Comm 113
5. Elections Board:	(CR 99-77) - S. ElBd 6.05
6. Financial Institutions--Banking:	(CR 99-58) - Ch. DFI-Bkg 4
7. Financial Institutions--Banking:	(CR 99-59) - Ch. DFI-Bkg 6
8. Financial Institutions--Banking:	(CR 99-60) - Ch. DFI-Bkg 7
9. Financial Institutions--Securities:	(CR 99-61) - S. DFI-Sec 2.01 (1) (c) and (d)
10. Health and Family Services:	(CR 99-4) - SS. HFS 119.07 and 119.15
11. Natural Resources:	(CR 98-179) - S. NR 10.40 (5)
12. Public Defender:	(CR 99-74) - S. PD 1.04
13. Public Service Commission:	(CR 98-156) - Ch. PSC 186
14. Public Service Commission:	(CR 98-194) - Ch. PSC 183
15. Public Service Commission:	(CR 98-157) - Ch. PSC 187
16. Regulation and Licensing:	(CR 99-36) - Chs. RL 12 and 25
17. Revenue:	(CR 99-62) - S. Tax 11.33 (4) (a) and (g)
18. Revenue:	(CR 99-26) - SS. Tax 11.26, 11.32, 11.41 and 11.83
19. Revenue:	(CR 99-11) - SS. Tax 11.14 and 11.53
20. Workforce Development:	(CR 98-201) - Ch. DWD 14
Executive Orders.	Page 32.
Executive Order 372:	Relating to the Transfer of Two Medical Clinics to the University of Wisconsin Hospitals and Clinics Authority.
Executive Order 373:	Relating to the Creation of the Governor's Task Force on Privacy.
Executive Order 374:	Relating to the Proclamation of a State of Emergency.
Executive Order 375:	Relating to the Proclamation of an Energy Emergency.
Executive Order 376:	Relating to the Proclamation of a State of Emergency.

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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: