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Table of contents
Emergency rules now in effect.
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Pages 4 to 11
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Agriculture, Trade and Consumer Protection:
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Rules relating to importing certain animals from a USDA-designated “non-modified accredited" state.
Rules adopted relating to reimbursement of Johne's disease testing costs.
Rules relating to pathogen-tests on ready-to-eat dairy products.
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Commerce:
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Flammable and Combustible Liquids, Ch. Comm 10
Rules relating to effective date of required upgrades to above ground bulk tanks.
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Corrections:
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Rules relating to sexually explicit material at adult correctional institutions.
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Employment Relations Commission:
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Rules relating to the calculation of a qualified economic offer.
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Financial Institutions - Securities:
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Rules relating to the investment adviser registration depository.
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Health & Family Services:
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Health, Chs. HFS 110--
Rules relating to certification for removal of lead-based paint hazards.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1--
Rules relating to the stewardship program.
Rules relating to cost sharing program to suppress gypsy moths.
Rules adopted relating to speed limits for snowmobiles.
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Environmental Protection - Investigation and Remediation, Chs. NR 700--
Rules adopted relating to environmental insurance requirements.
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Public Service Commission:
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Rules relating to handling of confidential information.
Rules relating to cost of fuel.
Rules adopted creating ch. PSC 118, relating to the use of renewable resource credits. [First Appearance]
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Tobacco Control Board:
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Rules relating to the administration and awarding of grants for tobacco control and establishing criteria for recipients of the grants.
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Scope statements.
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Pages 12 to 14
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Health and Family Services:
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Licensing of ambulance service providers and emergency medical technicians-basic IV.
Creating a new regulatory category for large family child care centers.
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Natural Resources:
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Clarify the definition of “indirect source" in chs. NR 438 and 484.
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Regulation and Licensing:
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Revising regulation of licensed and certified real estate appraisers.
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Rustic Roads:
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Revising qualifications for rustic road designation.
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Veterinary Examining Board:
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Modifying of the definition of “unprofessional conduct" of the practice of veterinary medicine.
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Submittal of rules to legislative council clearinghouse.
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Page 15 to 16
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Financial Institutions:
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Chs. DFI-SB 16 and DFI-SL 16, relating to investments in development companies.
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Insurance:
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Ins 17, relating to annual patients compensation fund and mediation fund fees.
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Natural Resources:
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NR 1.212 and 1.213, relating to private forestry priorities for assistance.
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Public Instruction:
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PI 35, relating to building usage code under the Milwaukee Parental Choice Program.
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Transportation:
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Trans 276, relating to allowing the operation of double bottoms and certain other vehicles on specified highways.
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Workforce Development
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DWD 128, relating to the unemployment insurance requirement of ability to work and availability for work.
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Rule-making notices.
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Pages 17 to 28
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Financial Institutions, (Saving Banks):
Financial Institutions, (Savings & Loan):
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Hearing to consider s. DFI-SB 16.03 (7), allowing savings banks to invest in small business investment companies located in this state.
Hearing to consider s. DFI-SL 16.05 allowing savings banks to invest in small business investment companies located in this state.
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Hearing and Speech:
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Hearing relating to the licensure and regulation of speech-language pathologists, audiologists, temporary licensees and supervision of unlicensed individuals.
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Hearings and Appeals:
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Hearing to consider the revision of rules relating to the revocation of extended supervision of persons serviing a bifurcated sentence.
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Insurance:
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Hearing to consider changes to ch. Ins 17, relating to annual patients compensation fund fees and mediation fund fees for the fiscal year beginning July 1, 2001.
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Medical Examining Board:
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Hearing on proposed rules relating to prescribing or dispensing schedule II amphetamines or schedule II anorectics.
Hearing to consider an amendment to s. Med 1.06 (3) (b), relating to the United States Medical Licensing Esaminiation (USMLE).
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Natural Resources:
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Fish, Game, etc., chs. NR 1—
Hearing to consider revisions to ch. NR 8, relating to the issuance of DNR licenses and approvals.
Hearings to consider revisions to ch. NR 25 relating to yellow perch fishing in Green Bay.
Hearing to consider revisions to s. NR 46.30, relating to administration of the Forest Crop Law and the Managed Forest Law.
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Public Instruction:
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Hearing to consider a revision to ch. PI 35, relating to a building usage charge under the Milwaukee Parental Choice Program.
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Social Workers, Marriage and Family Therapists and Professional Counselors:
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Hearing to consider an revisions relating to conforming existing rules to present practices and to other rules.
Hearing to consider revisions to s. SFC 11, relating to professional counselor training certificates.
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Transportation:
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Hearing to consider the amendment of ch. Trans 276, relating to allowing the operation of double bottoms and certain other vehicles on certain specified highways.
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Workforce Development:
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Unemployment Compensation, Chs. DWD 100-150
Hearings to consider amendments to DWD 128, relating to the unemployment insurance requirement of ability to work and availability for work.
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Submission of proposed rules to the legislature.
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Page 29
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Agriculture, Trade and Consumer Protection:
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Natural Resources:
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Pharmacy Examining Board:
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Rule orders filed with the revisor of statutes bureau
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Page 30
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Commerce:
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Elections Board:
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Pharmacy Internship Board:
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Transportation:
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Veterinary Examining Board:
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Rules published with this register and final regulatory flexibility analysis.
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Pages 31 to 33
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Agriculture, Trade and Consumer Protection
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Financial Institutions-Banking:
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Health and Family Services:
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Pharmacy Examining Board:
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Public Instruction:
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Transportation:
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Workforce Development:
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Sections affected by rule revisions and corrections.
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Pages 34 to 35
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Sections affected by revisor's corrections not published.
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Pages 36 to 45
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Executive orders.
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Page 46
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Executive Order No. 2
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Relating to a proclamation that the US and Wisconsin state flags be flown at half-staff for Specialist Jason D. Wildfong of the US Army who lost his life in a training accident in Kuwait.
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Health and Family Services
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Medical reimbusement of nursing homes.
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Emergency rules now in effect
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.
Agriculture, Trade & Consumer Protection - (3)
1. Rules adopted creating ch. ATCP 16, relating to importing bovine animals, goats or cervids from a state designated by USDA as a tuberculosis “non-modified accredited" state.
Finding of emergency
(1) Bovine tuberculosis is a contagious, infectious and communicable disease caused by Mycobacterium bovis (M. bovis). It affects cattle, bison, deer, elk, goats and other species, including humans. Bovine tuberculosis in infected animals and humans manifests itself in lesions of the lung, bone, and other body parts. Bovine tuberculosis causes weight loss and general debilitation, and can be fatal.
(2) Wisconsin is currently classified by the United States Department of Agriculture (USDA) as “accredited-free" for tuberculosis.
(3) The USDA recently reclassified Michigan from “accredited-free" to “non-modified accredited," reflecting a higher risk of bovine tuberculosis.
(4) A significant number of bovine animals, goats and cervids are imported to Wisconsin from Michigan each year.
(5) The last known case of bovine tuberculosis in cattle in Wisconsin was confirmed in an animal imported from Michigan.
(6) If bovine tuberculosis becomes established in Wisconsin, it will pose a significant threat to the health of domestic animals and humans in this state.
(7) An emergency rule is needed to protect the public peace, health, safety and welfare. This emergency rule will help to control a serious disease in cattle, goats and cervids and will help protect the marketability of Wisconsin-raised animals.
Publication Date:
August 11, 2000
Effective Date:
August 11, 2000
Expiration Date:
January 8, 2001
Hearing Date:
September 19, 2000
Extension Through:
May 7, 2001
2. Rules adopted creating s. ATCP 10.21 (10) (c) and (15) relating to reimbursement of Johne's disease testing costs.
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:
1. 1999 Wisconsin Act 9 was published on October 28, 1999. It appropriates $100,000 for financial assistance to owners of livestock herds for conducting testing for Johne's disease (paratuberculosis) for FY 2000-01. It requires the department to provide the financial assistance.
2. 1999 Wisconsin Act 9 requires the department to promulgate rules for implementing the financial assistance program.
3. Permanent rules establishing the program will not take effect before June 1, 2001. This emergency rule establishes an interim procedure which will allow owners of livestock herds to apply for grants under this program. Without this rule, no person would be able to apply for a grant in FY 2000-01 until at least June 1, 2001, and the department would have insufficient time to review and process the grant requests before the end of the fiscal year.
Publication Date:
January 1, 2001
Effective Date:
January 1, 2001
Expiration Date:
May 31, 2001
Hearing Date:
February 13, 2002
3. Rules adopted revising ch. ATCP 80, relating to pathogen-tests on ready-to-eat dairy products.
Finding of emergency
The Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) 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:
(1) DATCP licenses and inspects dairy plants under s. 97.20, Stats. Current DATCP rules, under s. ATCP 80.56(4), Wis. Adm. Code, require dairy plant operators to report to DATCP the results of any microbiological test that confirms the presence of a pathogenic organism in a pasteurized or ready-to-eat dairy product.
(2) There has been a nationwide increase in food borne disease outbreaks associated with food and dairy products. Such outbreaks can occur when ready-to-eat foods enter food distribution channels without being tested for pathogenic bacteria.
(3) There is no national or state law requiring dairy plant operators to test ready-to-eat dairy products for pathogens prior to sale or distribution. Dairy plant operators have a natural incentive to test, in order to avoid liability and meet their customers' product safety demands. But the current test reporting requirement under s. ATCP 80.56(4) discourages pathogen testing, because test reports become public records that may be open to public inspection even if the affected products are withheld from distribution.
(4) There is an urgent need to repeal this counterproductive reporting requirement, and to create alternative rules that will encourage pathogen testing and provide stronger public health protection. This emergency rule will encourage more pathogen testing, and provide stronger public health protection, pending the adoption of “permanent" rule changes.
Publication Date:
March 2, 2001
Effective Date:
March 2, 2001
Expiration Date:
July 30, 2001
Commerce
(Flammable and Combustible Liquids - Ch. Comm 10)
Rules adopted revising s. Comm 10.345
, relating to the effective date of required upgrades to aboveground bulk tanks that were in existence on May 1, 1991.
Finding of emergency
The Department of Commerce finds that an emergency exists and that the adoption of a rule is necessary for the immediate preservation of public health, safety and welfare. The facts constituting the emergency are as follows:
Wisconsin Administrative Code ch. Comm 10, Flammable and Combustible Liquids Code, became effective on 5/1/91. Section Comm 10.345 (2) contains requirements for bulk tanks in existence on that date to be provided with specific containment or leak detection upgrades within 10 years of that date. Some concerns have been expressed on the impact that compliance date could have on heating oil supplies and prices this winter. Construction requirements could result in a substantial number of tanks storing heating oil to be closed during the winter heating season in preparation for the required upgrades.
Based on these concerns, the department has agreed to extend the compliance deadline for 3 months until 8/1/01 if approvable tank system upgrade plans have been submitted to the department by 2/1/01.
Publication Date:
January 6, 2001
Effective Date:
January 6, 2001
Expiration Date:
June 4, 2001
Hearing Date:
February 27, 2001
Corrections
Rules adopted revising ch. DOC 309
, relating to sexually explicit material at adult correctional institutions.
Finding of emergency
The Department of Corrections finds that an emergency exists and that rules are necessary for preservation of the public welfare. A statement of the facts constituting the emergency is: Effective December 1, 1998, the Department implemented rules restricting inmates' access to sexually explicit material. These rules were challenged in federal court in a class action suit brought by several inmates (Aiello v. Litscher, Case No. 98-C-791-C, Western District of Wisconsin). The defendants filed a motion for summary judgment, but it was denied by the court in language that suggested the rules were unconstitutional in their present form based on a number of federal appellate court decisions that were reported after the rules were implemented.
