Publication Date: November 14, 2000
Effective Date: November 15, 2000
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
The 1999-2000 Wisconsin Statutes and Annotations can be ordered now in bound volumes or on the WisLaw® CD-ROM
Bound Volumes:
Prices for the 1999-2000 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
  $142.00     $135.00       $117.00     $110.00
Send orders to the Document Sales and Distribution Section at the address below or call (608) 266-3358. 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 (800) 362-7253 or (608) 264-9419. The bound volumes of the statutes will be available in late November 2000.
WisLaw® CD-ROM:
Up-to-date WisLaw® CD-ROM's are released quarterly by the Revisor of Statutes Bureau. WisLaw® contains the continuously-updated Wisconsin Statutes and Annotations with Index, Table of Cross-References, and Table of Sections Affected by Acts, the Wisconsin Administrative Code and Administrative Register with Index, Executive Orders, and Emergency Rules, the Wisconsin Acts with Index, the Supreme Court Rules and Internal Operating Procedures, recent Opinions of the Attorney General with Index, the Wisconsin Constitution with annotations and Index, the U.S. Constitution, the Wisconsin Town Law Forms, and the Wisconsin Code of Military Justice.
All of the above WisLaw® Infobases are substantially integrated with hypertext links. WisLaw® utilizes
the Windows 95 versions of Folio Views search and retrieval software. Folio is used by 75 of the top 80 legal publishers. State agencies are using WisLaw® for their legal research. WisLaw® is distributed by the Document Sales and Distribution Section to requesting state agencies on a complimentary basis.
WisLaw® is available only by annual subscription. WisLaw® End-user license and subscription order forms are available at Document Sales or at http://www.legis.state.wi.us/rsb. CD's will be delivered only upon receipt of a signed license and subscription form and full payment. An annual subscription plus a license for no more than one simultaneous user costs $99. Licenses for no more than 4 simultaneous users or for no more than 10 simultaneous users cost $149 or $199, respectively. 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.
Orders by FAX will not be accepted; call (608) 266-3358 or TTY (608) 264-8499 or write to:
The State of Wisconsin
Department of Administration
Bureau of 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.
Administration:
Rules relating to public benefit fees.
Rules relating to energy conservation and efficiency and the renewable resource program.
Rules relating to low-income assistance public benefits.
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 relating to importing certain animals from a USDA-designated “non-modified accredited" state.
Commerce:
PECFA, Chs. Comm 46 and 47
Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities.
Rules relating to appeals under the PECFA program.
Health & Family Services:
Community Services, Chs. HFS 30--
Rules relating to state Supplemental Security Income (SSI) payments.
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.
Rules relating to the 2000 migratory game bird season.
Rules relating to the stewardship program.
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.
Rules adopted creating s. PSC 2.06, relating to handling on confidential information [First Appearance]
Regulation and Licensing:
Rules relating to massage therapists and bodyworkers.
Revenue:
Rules relating to the tobacco settlement agreement.
Workforce Development:
Economic Support, Chs. DWD 11-59
Rule relating to W-2 Program disregard of 2000 census income.
Scope Statements.
Pages 13 to 14.
Employee Trust Funds:
Relating to applicants of the Wisconsin Retirement System and the establishment of default benefits when applications are left uncorrected.
Financial Institutions - Banking:
DFI-Bkg 8.04 - Relating to stating the name and location of office on bank checks.
Natural Resources:
Relating to advance notice requirement for demonstrations which attempt to influence public opinion on department lands.
Ch. NR 25 - Relating to commercial fishing - outlying waters.
Ch. NR 6 - Relating to snowmobile safety and enforcement programs.
Chs. NR 20, 21 and 50 - Relating to sport and commercial fishing on the inland, outlying and boundary waters of Wisconsin.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 15 to 16.
Agriculture, Trade and Consumer Protection:
Ch. ATCP 10 - Relating to the reimbursement of Johne's disease testing costs.
Ch. ATCP 11 - Relating to importing bovine animals, goats, cervids from a state designated by USDA as a tuberculosis “non-modified accredited" state.
s. ATCP 74.08 (1) - Relating to fees required on agent cities and counties that license and inspect retail food establishments.
Elections Board:
Ch. ElBd 2 - Relating to the procedure for correcting previously filed nomination papers and the procedure for challenging nomination papers.
Health and Family Services:
Ch. HFS 36 - Relating to comprehensive community services for persons with mental illness.
Ch. HFS 79 - Relating to state supplemental security income payments to low income and disabled residents.
Ch. HFS 133 - Relating to home health agencies.
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:
Relating to clinical social work concentration and supervised clinical field training.
Transportation:
Relating to outdoor advertising sign annual fees.
Notices of Hearings or of Proposed Rules.
Pages 17 to 24.
Agriculture, Trade and Consumer Protection:
Hearings to consider revision of s. ATCP 10.21, relating to reimbursement of Johne's disease testing costs. [Hearing dates: 11/28/00, 11/30/00]
Hearings to consider revision to ch. ATCP 11, relating to importing animals from a state designated as a tuberculosis “non-modified accredited" state.
[Hearing dates: 11/28/00, 11/30/00]
Elections Board:
Proposed revision to ch. ElBd 2, relating to nomination papers.
Health and Family Services:
Community Services, Chs. HFS 30--
Hearing to consider ch. HFS 58, relating to the Kinship Care Program. [Hearing date: 11/29/00]
Health, Chs. HFS 110--
Hearings to consider revision of ch. HFS 133, relating to home health licensure.
[Hearing dates: 11/28/00, 11/29/00, 11/30/00]
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearings to consider revisions to chs. NR 1, 10, 12 and 19, relating to deer hunting and wildlife abatement and claims program. [Hearing dates: 12/4/00, 12/5/00, 12/11/00, 12/12/00, 12/13/00 and 12/14/00]
Public Service Commission:
Hearing to consider revision to s. PSC 163.04, relating to the telecommunications utilities price regulation productivity factor. [Hearing date: 12/6/00]
Transportation:
Hearing to consider revision of ch. Trans 201, relating to outdoor advertising sign annual fees.
[Hearing date: 11/30/00]
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 25.
Athletic Trainers Affiliated Credentialing Board:
(CR 00-131) - Chs. AT 1 to 5
Commerce:
(CR 00-73) - Chs. Comm 20 to 25
Health and Family Services:
(CR 99-157) - Ch. HFS 175
Health and Family Services:
(CR 00-092) - Ch. HFS 110
Natural Resources:
(CR 00-87) - Ch. NR 101
Natural Resources:
(CR 00-89) - Chs. NR 161 to 163
Natural Resources:
(CR 00-93) - Ch. NR 168
Pharmacy Examining Board:
(CR 00-107) - Ch. Phar 8
Public Service Commission:
(CR 98-170) - Ch. PSC 179
Regulation and Licensing:
(CR 00-128) -Chs. RL 90 to 92
Regulation and Licensing:
(CR 00-141) - Ch. RL 7
Social Workers, Marriage and Family Therapists and Professional Counselors:
(CR 00-54) - Ch. SFC 8
Transportation:
(CR 00-121) - Ch. Trans 156
Transportation:
(CR 00-137) - Ch. Trans 4
Workforce Development:
(CR 00-127) - Ch. DWD 22 and chs. HSS 205 to 207, 225 and 244
Workforce Development:
(CR 00-129) - Chs. DWD 12 and 56
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 26.
Administration:
(CR 00-42) - Ch. Adm 12
Health and Family Services:
(CR 00-84) - Chs. HFS 101 to 103 and 108
Health and Family Services:
(CR 00-95) - Ch. HFS 120
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.
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.
Administration - (3)
1.   Rules adopted creating ch. Adm 43, relating to public benefits fees.
Exemption from finding of emergency
(See section 9101 (1zu) (a) of 1999 Wis. Act 9)
Analysis prepared by the Department of Administration:
Statutory authority: ss. 16.004 (1), 16.957 (2) (c) 4. and 5., and (4)(b), Stats.
Statute interpreted: s. 16.957 (2) (c) 4. and 5., and (4), Stats.
1999 Wis. Act 9 included major provisions relating to aspects of electric utility regulation, commonly referred to as “Reliability 2000." That legislation created a new statutory framework within which public benefit programs relating to low-income energy assistance and energy conservation and renewable energy are continued and expanded. Under ss. 16.957(2)(c) and (4)(b), Stats., the Department of Administration is directed to promulgate rules setting fees to be collected by utilities from their customers, and establishing requirements and procedures related to those low-income and energy conservation programs. This rule provides mechanisms for setting, collecting, and reporting the fees, and related matters.
Publication Date:   August 22, 2000
Effective Date:   August 22, 2000
Expiration Date:   January 19, 2001
2.   Rule adopted creating ch. Adm 44, relating to energy conservation and efficiency and renewable resource programs.
Exemption from finding of emergency
(See section 9101 (1zu) (am) of 1999 Wis. Act 9)
Analysis prepared by the Department of Administration:
Statutory authority: ss. 16.004(1) and 16.957(2)(c), 2., 2m. and 2n., Stats.
Statute interpreted: s. 16.957(2)(b) and (3)(b), Stats.
Under s. 16.957 (2) (c) 2, 2m., and 2n., Stats., the Department of Administration is required to promulgate rules for energy conservation and efficiency and renewable resource public benefits programs. The rule establishes requirements, procedures and criteria to be followed by program administrators in soliciting and selecting applications for grant funding to be awarded by the Department for energy programs established under s. 16.957 (2) (b), Stats.
The Department believes it is neither wise nor practical to include specific detail in this rule to cover programs that are not yet in existence. These programs will be developed over a longer period of time, with a wide range of input from the Council on Utility Public Benefits, potential program providers, and recipient citizens. They will develop as the needs of the energy efficiency and conservation market becomes clearer and our collective knowledge is increased.
Examples of the variety of programs to be created under s. 16.957 (2) (b) 1., Stats., run the gamut from a simple rebate of a few cents for the purchase of energy efficient products or services to programs requiring complete engineering audits of industrial plants, arrangement of financing, performance contracting and multi-year performance monitoring. The requirements, procedures and related selection criteria necessary to implement these varying programs cannot be specified with detail in this rule. Rather, the rule is designed to allow flexibility for development of policies and procedures through detailed policy and procedure manuals for each program, consistent with Department practice for low-income assistance programs now in effect under ss. 16.385 and 16.39, Stats.
Publication Date:   August 22, 2000
Effective Date:   August 22, 2000
Expiration Date:   January 19, 2001
3.   Rules adopted creating ch. Adm 45, relating to low-income assistance public benefits.
Exemption from finding of emergency
(See section 9101 (1zu) (am) of 1999 Wis. Act 9)
Analysis prepared by the Department of Administration:
Statutory authority: ss. 16.004 (1) and 16.957 (2) (c) 2., Stats.
Statute interpreted: s. 16.957 (2) (a), Stats.
Under s. 16.957 (2) (c), Stats., the Department of Administration is required to promulgate rules for low-income public benefits programs. The proposed rule establishes eligibility and application requirements and procedures for assistance under a low-income public benefits program established under s. 16.957 (2) (a), Stats.
It is the Department's understanding that the Legislature's intent for this rule was to build upon and transition from the Low-Income Home Energy Assistance Program (LIHEAP) and the Low-Income Weatherization Assistance Program (LIWAP) currently administered by the Department under ss. 16.385 and 16.39, Stats., respectively. The Department presently utilizes extensive, detailed policy and procedure manuals under which those programs operate. Annual plans are also prepared for each of these programs which are submitted to the federal government as required by the U.S. Department of Housing and Urban Development after extensive opportunities for public input, including public hearings. Because these programs, and the public benefits programs yet to be developed in concert with them under s. 16.957 (2) (a), Stats., must be implemented during the heating season, they must be able to react to significant fluctuations of weather, energy costs and energy shortages in a relatively short period of time. For these reasons, this proposed rule is intentionally succinct, yet flexible in order to account for the specific needs of low-income assistance programs envisioned.
Publication Date:   August 22, 2000
Effective Date:   August 22, 2000
Expiration Date:   January 19, 2001
Agriculture, Trade & Consumer Protection - (5)
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
Extension Through:   December 20, 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
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.