Wisconsin
Administrative
Register
No. 536
Publication Date: August 31, 2000
Effective Date: September 1, 2000
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
The entire Administrative Code is now published on WisLaw®
Starting with the November 1, 1999 release, the entire Wisconsin Administrative Code will be included with your subscription to WisLaw®. There will be no additional charge. The same low subscription rate for WisLaw® remains in effect. In addition, WisLaw® now features Folio Views 4.2, which takes full advantage of the 32-bit capabilities of Windows 95 and higher.
Up-to-date WisLaw® CD-ROM's will be released by the Revisor of Statutes Bureau quarterly. WisLaw®contains the continuously-updated Wisconsin Statutes and Annotations with Index, Table of Cross-References, 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 (from January 1996 through CD release date), the Town Law Forms, and the Wisconsin Code of Military Justice. The Wisconsin Administrative Code with Index is the newest addition to WisLaw®.
All of the above WisLaw® Infobases are substantially integrated with hypertext links. WisLaw® is only available by subscription for 12-month periods. 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. No orders will be accepted by FAX. WisLaw® is distributed by DOA's Document Sales Unit to requesting state agencies on a complimentary basis.
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 (608) 266-3358 {TTY (608) 264-8499} or write to:
Wisconsin Department of Administration
Bureau of Integrated Document Services
Document Sales and Distribution Section
P.O. Box 7840
Madison, WI 53707-7840
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 5 to 12.
Agriculture, Trade and Consumer Protection:
Rules relating to swine import and required tests.
Rules relating to fees required of agent municipalities inspecting retail food establishments.
Rules relating to an implied warranty on disease-free cattle and goats.
Rule relating to residential rental practices.
Rules adopted creating ch. ATCP 16, relating to importing certain animals from a USDA-designated “non-modified accredited" state. [FIRST APPEARANCE]
Commerce:
PECFA, Chs. Comm 46 and 47
Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities.
Rules relating to appeals under the PECFA program.
Employe Trust Funds:
Rules relating to the distribution to annuitants under 1999 Wis. Act 11.
Health & Family Services:
Management, etc., Chs. HFS 1--
Rules relating to family care.
Health & Family Services:
Medical Assistance, Chs. HFS 100-108
Rules relating to the medicaid purchase plan.
Health & Family Services:
Health, Chs. HFS 110--
Rules relating to the Health Risk-Sharing Plan.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Rules relating to deer hunting.
Natural Resources:
Environmental Protection-General, Chs. NR 100--
Rules relating to the brownfield site assessment grant program.
Natural Resources:
Environmental Protection-Investigation & Remediation, Chs. NR 700--
Rules relating to sites contaminated with petroleum products from petroleum storage tanks.
Public Service Commission:
Rules relating to the definition of fuel and permissible fuel costs.
Revenue:
Rules relating to retailer performance program of the Wisconsin Lottery.
Rules adopted creating s. Tax 9.69, relating to the tobacco settlement agreement. [FIRST APPEARANCE]
Transportation:
Rules relating to evaluating bids solicited for transit service in a competitive process.
Rule relating to cost-efficiency standards for systems participating in the Urban Mass Transit Operating Assistance Program.
Workforce Development:
Economic Support, Chs. DWD 11-59
Rule relating to W-2 Program disregard of 2000 census income.
Scope Statements.
Pages 13 to 15.
Pharmacy Examining Board:
Phar Code - Relating to the central filling of prescription orders for dispensing.
Public Service Commission:
Ch. PSC 160 - Relating to the biennial review of Universal Service Fund (USF) rules [Docket 1-AC-198].
Public Service Commission:
Ch. PSC 161- Relating to modification of rules on the educational telecommunications access program [Docket 1-AC-199].
Public Service Commission:
Ch. PSC 167 - Relating to modification of rules on extended area telephone service (EAS) [Docket 1-AC-200].
Regulation and Licensing:
RL Code - Relating to standards for approval of drug testing programs.
Regulation and Licensing:
RL Code - Relating to home inspectors.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 16 to 17.
Agriculture, Trade and Consumer Protection:
Ch. ATCP 30 - Relating to the use of atrazine pesticides.
Insurance, Commissioner of:
Ch. Ins 23 - Relating to standards for insurance marketed to fund prearranged funeral plans.
Revenue:
S. Tax 9.69 - Relating to the tobacco product manufacturers' Master Settlement Agreement.
Transportation:
Ch. Trans 156 - Relating to the automated partnership processing system program.
Transportation:
Ch. Trans 158 - Relating to the placement of Wisconsin-issued Motor Vehicle Identification Numbers (VINs).
Notices of Hearings or of Proposed Rules.
Pages 18 to 23.
Agriculture, Trade and Consumer Protection:
Hearing to consider ch. ATCP 16, relating to importing bovine animals, goats or cervids from a “non-modified accredited" state. [Hearing date: 09/19/00]
Agriculture, Trade and Consumer Protection:
Hearing to consider revision to ch. ATCP 30, relating to the use of atrazine. [Hearing date: 09/13/00]
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearing to consider revision to ch. NR 7, relating to recreational boating facilities. [Hearing date: 09/12/00]
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearings to consider revision to ch. NR 10, relating to deer management unit boundaries and population goals. [Hearing dates: 09/11/00, 09/12/00, 09/13/00, 09/14/00 and 09/18/00]
Revenue:
Hearing to consider rules creating s. Tax 9.69, relating to the Master Settlement Agreement between the state of Wisconsin and tobacco product manufacturers. [Hearing date: 09/18/00]
Transportation:
Hearing to consider ch. Trans 156, relating to the automated partnership processing system (APPS) program. [Hearing date: 10/04/00]
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 24.
Administration:
(CR 00-80) - Ch. Adm 43
Administration:
(CR 00-81) - Ch. Adm 44
Administration:
(CR 00-82) - Ch. Adm 45
Regulation and Licensing:
(CR 00-97) - S. RL 86.01 (6) and ch. RL 87, Appendix I
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 25.
Commerce:
(CR 00-38) - Ch. Comm 43
Workforce Development:
(CR 99-163) - Chs. DWD 100 to 102, 110, 111,
126 to 129, 132, 135, 140 and 149
Rules Published in this Wis. Adm. Register.
Page 26.
Arts Board:
(CR 00-63) - S. AB 2.09 (5)
Employe Trust Funds:
(CR 97-72) - S. ETF 20.02
Health and Family Services:
(CR 00-1) - Chs. HFS 82, 83, 88, 124 and 131 to 134
Health and Family Services:
(CR 00-52) - Ch. HFS 12
Insurance, Commissioner of:
(CR 00-61) - SS. Ins 17.01 (3) and 17.28 (6) and (6a)
Natural Resources:
(CR 99-109) - Ch. NR 300 and ss. NR 216.45, 400.02,
405.15, 406.08, 408.09 and 411.07
Revenue:
(CR 00-23) - S. Tax 2.32
Technical College System Board:
(CR 00-44) - Ch. TCS 16
Transportation:
(CR 00-57) - Chs. Trans 101 to 104 and
s. Trans 117.03 (3) (j)
Transportation:
(CR 00-68) - S. Trans 131.03 (2) (b)
Transportation:
(CR 00-69) - SS. Trans 325.02 and 326.01 and
ch. Trans 328
Transportation:
(CR 00-77) - Ch. Trans 276
Transportation:
(CR 00-85) - SS. Trans 142.01, 142.02 and 142.07
Sections Affected by Rule Revisions and Corrections.
Pages 27 to 28.
REVISIONS
Arts Board:
Ch. AB 2
Employe Trust Funds:
Ch. ETF 20
Health and Family Services (Management., Policy & Budget,
Chs. HFS 1--):

Ch. HFS 12
Health and Family Services (Community Services, Chs. HFS 30--):
Chs. HFS 82, 83 and 88
Health and Family Services (Health, Chs. HFS 110--):
Chs. HFS 124 and 131 to 134
Insurance, Commissioner of:
Ch. Ins 17
Natural Resources (Environmental Protection-WPDES,
Chs. NR 200--):

Ch. NR 216
Natural Resources (Environmental Protection--Water Regulation,
Chs. NR 300--):

Ch. NR 300
Natural Resources (Environmental Protection--Air Pollution
Control, Chs. NR 400--):

Chs. NR 400, 405, 406, 408 and 411
Revenue:
Ch. Tax 2
Technical College System Board:
Ch. TCS 16
Transportation:
Chs. Trans 101 to 104, 117, 131, 142, 276, 325,
326 and 328
EDITORIAL CORRECTIONS
Health and Family Services (Community Services, Chs. HFS 30-):
Chs. HFS 82 and 88
Health and Family Services (Health, Chs. HFS 110-):
Chs. HFS 124, 132 and 133
Final Regulatory Flexibility Analyses.
Pages 29 to 31.
Arts Board:
(CR 00-63) - S. AB 2.09 (5)
Employe Trust Funds:
(CR 97-72) - S. ETF 20.02
Health and Family Services:
(CR 00-1) - Chs. HFS 82, 83, 88, 124 and 131 to 134
Health and Family Services:
(CR 00-52) - Ch. HFS 12
Insurance, Commissioner of:
(CR 00-61) - SS. Ins 17.01 (3) and 17.28 (6) and (6a)
Natural Resources:
(CR 99-109) - Ch. NR 300 and ss. NR 216.45, 400.02,
405.15, 406.08, 408.09 and 411.07
Revenue:
(CR 00-23) - S. Tax 2.32
Technical College System Board:
(CR 00-44) - Ch. TCS 16
Transportation:
(CR 00-57) - Chs. Trans 101 to 104 and
s. Trans 117.03 (3) (j)
Transportation:
(CR 00-68) - S. Trans 131.03 (2) (b)
Transportation:
(CR 00-69) - SS. Trans 325.02 and 326.01 and
ch. Trans 328
Transportation:
(CR 00-77) - Ch. Trans 276
Transportation:
(CR 00-85) - Ch. Trans 142
Executive Orders.
Page 32.
Executive Order #402:
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 Sergeant Todd J. Stamper of the Crandon Police Department.
Executive Order #403:
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 Brave Men and Women of the Armed Forces of the United States Who Lost Their Lives in the Korean War.
Executive Order #404:
Relating to the Establishment of the Office of State Poet Laureate and the Governor's Poet Laureate Nomination Commission.
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 (5)
Agriculture, Trade & Consumer Protection
1.   Rules adopted revising s. ATCP 11.20 and creating ss. ATCP 11.01 (11m) and 11.73, relating to swine import and required tests.
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:
  Pseudorabies is a highly contagious disease of swine and other livestock. Wisconsin initiated its pseudorabies program in 1976. Since that time, the department has worked diligently, pork producers have sacrificed significantly and the state has paid substantial costs to eradicate the disease. In 1997, the National Pseudorabies Control Board recognized Wisconsin as a pseudorabies stage IV state. If there are no incidents of pseudorabies in the state before October, 2000, the state will be classified as a pseudorabies stage V state (free of the disease) at that time. Classification as a pseudorabies stage IV or V state creates significant benefits in the swine export market.
  There has been a significant increase in pseudorabies cases reported in several pseudorabies stage II and III states. In the past, Wisconsin pork producers have imported many swine from the pseudorabies stage II and III states which are now experiencing an increase in pseudorabies.
  If pseudorabies spreads to Wisconsin, the Wisconsin pork industry will be hampered in its ability to produce and export swine and pork products.
  The increased prevalence of pseudorabies in states from which Wisconsin import shipments originate creates a substantial threat to the pork industry in Wisconsin. The department finds that an emergency rule is needed to minimize the threat of pseudorabies.
Publication Date:   May 25, 2000
Effective Date:   May 25, 2000
Expiration Date:   October 22, 2000
Hearing Date:   June 29, 2000
2.   Rule adopted amending s. ATCP 74.08(1), relating to fees required of agent cities and counties that license and inspect retail food establishments.
Finding of Emergency
The Department of Agriculture, Trade and Consumer Protection (“department") finds that an emergency rule is necessary to promote the public welfare, and prevent unnecessary economic hardship on cities and counties that license and inspect retail food establishments for the department. The facts constituting the emergency are as follows:
(1) The department licenses and inspects retail food establishments under s. 97.30, Stats. Under s. 97.41, Stats., the department may enter into an agreement with a city or county, under which the city or county licenses and inspects retail food establishments for the department. The department monitors and assists the agent city or county. From the license fees that it collects, an agent city or county must pay the department an annual fee to cover the department's costs. The department sets the fee by rule.
(2) By rule, the department establishes license fees for retail food establishments that it licenses directly. An agent city or county may charge a license fee that differs from the state license fee established by the department.
Loading...
Loading...
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.