Wisconsin
Administrative
Register
No. 485
Publication Date: May 31, 1996
Effective Date: June 1, 1996
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 7 to 14.
Agriculture, Trade & Consumer Protection:
Rules relating to price discrimination in milk procurement. Rules relating to potato late blight.
Corrections:
Rules relating to supervision fees for probationers and parolees.
Development:
Rule relating to the community block grant program.
Emergency Response Board:
Rules relating to a grant for local emergency planning committees.
Rules relating to a fee for transporting hazardous material.
Employment Relations (Dept.):
Rule relating to rate of pay as a result of voluntary demotions by employes subject to layoff.
Gaming Commission:
Rules relating to simulcasting fees.
Health & Social Services:
Community Services, Chs. HSS 30--
Rules relating to treatment foster care for children.
Health & Social Services:
Health, Chs. HSS 110--
Rules relating to lead poisoning prevention grants.
Rules relating to authorized action of EMTs-intermediate and -paramedic.
Health & Social Services:
Economic Support, Chs. HSS 200--
Rules relating to a benefit cap pilot project under the AFDC program.
Rules relating to the pay for performance program.
Industry, Labor & Human Relations:
Uniform Dwellings, Chs. ILHR 20-25
Rules adopted revising chs. ILHR 20 and 21, relating to dwellings constructed in flood hazard zones. [FIRST APPEARANCE]
Industry, Labor & Human Relations:
Building & Heating, etc., Chs. ILHR 50-64
Multi-Family Dwelling, Ch. ILHR 66
Rules delaying energy efficiency revision to chs. ILHR 50-64 and 66.
Industry, Labor & Human Relations:
Unemployment Compensation, Ch. ILHR 100-150
Rule relating to a limited waiver of work search requirement.
Insurance, Commissioner of:
Rules relating to cost-containment rules.
Natural Resources:
Fish, Game, etc., Chs. NR 1-
Rules relating to sturgeon spearing in Lake Winnebago.
Rules relating to deer hunting permits.
Rules adopted amending s. NR 20.038, relating to size and bag limits for Lac du Flambeau reservation. [FIRST APPEARANCE]
Rules adopted revising chs. NR 10 and 11, relating to the 1996 deer hunting season. [FIRST APPEARANCE]
Revenue:
Rules relating to assessment of agricultural property in 1996.
Transportation (Dept.):
Rule relating to the federal section 18 program.
Rules relating to seed potato overweight permits.
Scope Statements.
Pages 15 to 22.
Agriculture, Trade & Consumer Protection:
Chs. ATCP 10, 11 and 12 - Relating to animal health: paratuberculosis (Johne's Disease) and other disease control programs.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 21 - Relating to plant inspection and pest control: potato late blight.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 29 - Relating to pesticide use and control.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 30 - Relating to atrazine pesticides: use restrictions.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 31 - Relating to fertilizer or pesticide substances in groundwater: regulatory program.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 32 - Relating to fertilizer bulk storage.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 32 - Relating to fertilizer bulk storage.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 33 - Relating to pesticide bulk storage.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 35 - Relating to agricultural chemical cleanup program.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 98 - Relating to vegetable contractors: security requirements.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 124 - Relating to price comparison advertising.
Natural Resources:
Chs. NR 190 and 191 - Relating to lake planning grants and lake protection grants.
Natural Resources:
Ch. NR 415 - Relating to revision of nonattainment area provisions in “Control of Particulate Matter Emissions”.
Transportation:
Ch. Trans 102 - Relating to permitting certain drivers to operate a snow plow without a commercial driver's license.
Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 23 to 24.
Educational Approval Board:
Ch. EAB 5 - Relating to post-secondary educational institutions.
Health & Social Services:
Ch. HSS 144 - Relating to the immunization of students.
Natural Resources:
S. NR 46.30 (2) - Relating to the administration of the Forest Crop Law and the Managed Forest Law -- 1997 stumpage values.
Natural Resources:
Chs. NR 400, 407, 423, 460, 468 and 484 - Relating to emission standards for hazardous air pollutants generated from halogenated solvent cleaning operations.
Natural Resources:
Chs. NR 19, 21 and 22 - Relating to turtle harvest.
Natural Resources:
Chs. NR 439, 460 and 484 - Relating to general provisions for emission standards for hazardous air pollutants.
Revenue:
S. Tax 11.95 - Relating to the retailer's sales and use tax discount.
Transportation (Dept.):
Ch. Trans 107 - Relating to driver licensing of persons with chemical abuse or dependency problems.
Notice Section.
Pages 25 to 33.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearings to consider revision to chs. NR 19, 21 and 22, relating to the turtle harvest in inland and boundary waters.
Hearing to consider an emergency rule, relating to the 1996 deer season.
Hearing to consider an emergency rule relating to size and bag limits for the Lac du Flambeau reservation.
Hearing to consider s. NR 20.035, relating to sport fishing in urban waters.
Hearing to consider revision to s. NR 46.30 (2) (a) to (c), relating to stumpage value under the Forest Crop Law and Managed Forest Law.
Natural Resources:
Environmental Protection--WPDES, Chs. NR 200--
Hearing to consider ch. NR 233, relating to effluent limitations and pretreatment standards for the pesticide chemicals industry.
Hearing to consider revision to ch. NR 235, relating to effluent limitations and pretreatment standards for the organic chemicals, plastics and synthetic fiber industry.
Natural Resources:
Environmental Protection--Air Pollution Control,
Chs. NR 400--

Hearings to consider revision to chs. NR 400, 407, 423, 468 and 484, relating to emission standards for pollutants from halogenated solvent cleaning operations.
Hearing to consider amendments to ss. NR 439.01, 484.04 and creation of ch. NR 460, relating to general provisions for emission standards for hazardous air pollutants.
Revenue:
Proposed revision to s. Tax 11.69, relating to sales and use tax treatment of sales and purchases by financial institutions.
Savings & Loan:
Savings Banks
Hearing to consider amendment to s. SB 3.06 (1) (e), relating to the maximum aggregate authorized for an outside director.
Hearing to consider s. SB 3.08 (4) (e), relating to the definition of “primary liquid assets”.
Transportation:
Hearing to consider the revision of ch. Trans 107, relating to driver licensing of persons with chemical abuse or dependency problems.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 34.
Banking, Office of the Commissioner of:
(CR 96-68) - S. Bkg 80.25
State Emergency Response Board:
(CR 96-35) - Ch. ERB 1
Employment Relations:
(CR 96-51) - S. ER 29.03 (8) (bm)
Health & Social Services:
(CR 94-203) - Ch. HSS 40 and s. HSS 61.81
Health & Social Services:
(CR 94-204) - Ch. HSS 38
Health & Social Services:
(CR 96-8) - S. HSS 124.20 (5) (i) 8
Natural Resources:
(CR 94-183) - Ch. NR 113
Natural Resources:
(CR 95-47) - Ch. NR 44
Natural Resources:
(CR 95-222) - Subch. VII of ch. NR 51
Revenue:
(CR 96-58) - Ch. Tax 18
Securities, Office of the Commissioner of:
(CR 96-65) - S. SEC 2.01
Transportation:
(CR 96-43) - S. Trans 6.04 (1) (e)
Veterans Affairs:
(CR 96-46) - Ch. VA 14
Administrative Rules Filed With the Revisor of Statutes Bureau.
Page 35.
Dentistry Examining Board:
(CR 95-218) - SS. DE 2.03 (1) (intro.) and (2)
and 5.02 (18)
Funeral Directors Examining Board:
(CR 95-63) - SS. FD 2.04, 2.10 and 2.13
Health & Social Services:
(CR 95-113) - Ch. HSS 94 and s. HSS 96.04
Health & Social Services:
(CR 95-198) - Ch. HSS 182
Insurance, Office of the Commissioner of:
(CR 96-10) - S. Ins 18.13 (5)
Insurance, Office of the Commissioner of:
(CR 96-11) - S. Ins 18.07 (5) (b) and (bg) 1 and 2
Medical Examining Board:
(CR 95-173) - SS. Med 4.03 and 4.06
Natural Resources:
(CR 95-12) - Ch. NR 323
Natural Resources:
(CR 95-149) - SS. NR 116.03, 116.12 and 116.13
Natural Resources:
(CR 95-192) - Chs. NR 400 series
Railroads, Office of the Commissioner of:
(CR 96-25) - Chs. OCT 1 to 7 and chs. RR 1 to 4
Regulation & Licensing:
(CR 95-205) - Ch. RL 127
Revenue:
(CR 95-209) - S. Tax 12.07 (2) (b)
Transportation:
(CR 96-4) - Ch. Trans 112
Rules Published in this Wisconsin Administrative Register.
Pages 36 to 37.
Health & Social Services:
(CR 95-143) - SS. HSS 110.01 to 110.10
Health & Social Services:
(CR 95-180) - Ch. HSS 230
Health & Social Services:
(CR 95-182) - Ch. HSS 211
Health & Social Services:
(CR 95-208) - SS. HSS 73.01, 73.03 and 73.10
Health & Social Services:
(CR 95-220) - SS. HSS 122.06 and 122.07
Industry, Labor and Human Relations:
(CR 93-32) - S. ILHR 83.035
Industry, Labor and Human Relations:
(CR 93-33) - S. ILHR 83.23
Industry, Labor and Human Relations:
(CR 95-183) - SS. ILHR 48.01 and 48.10
Natural Resources:
(CR 95-191) - SS. NR 20.03, 20.04, 20.07, 21.06, 21.11, 22.06, 22.11, 23.05, 26.01, 26.08, 26.09 and 26.21
Natural Resources:
(CR 96-16) - S. NR 10.32
Personnel Commission:
(CR 95-176) - SS. PC 1.01, 3.02, 3.03 and 3.04
Personnel Commission:
(CR 95-177) - Chs. PC 1 and 2 and ss. PC 3.01, 4.02, 4.05 and 5.05
Personnel Commission:
(CR 95-178) - SS. PC 1.01 and 1.07 and ch. PC 6
Public Instruction:
(CR 95-157) - SS. PI 3.03, 3.39, 3.55, 3.57, 3.58 and 4.08
Public Instruction:
(CR 95-203) - SS. PI 35.03 and 35.06
Railroads, Office of the Commissioner of:
(CR 95-118) - SS. OCT 5.02. 5.03, 5.04, 5.07 and 5.10
Railroads, Office of the Commissioner of:
(CR 96-25) - Chs. OCT 1 to 7 and chs. RR 1 to 4
Regulation & Licensing:
(CR 95-141) - S. RL 10.04
Revenue:
(CR 95-169) - SS. Tax 2.09, 2.105, 2.12 and 3.94
Revenue:
(CR 95-202) - S. Tax 2.31
University of Wisconsin:
(CR 95-95) - Ch. UWS 17
Final Regulatory Flexibility Analyses.
Pages 38 to 40.
Health & Social Services:
(CR 95-143) - SS. HSS 110.01 to 110.10
Health & Social Services:
(CR 95-180) - Ch. HSS 230
Health & Social Services:
(CR 95-182) - Ch. HSS 211
Health & Social Services:
(CR 95-208) - SS. HSS 73.01, 73.03 and 73.10
Health & Social Services:
(CR 95-220) - SS. HSS 122.06 and 122.07
Industry, Labor and Human Relations:
(CR 93-32) - S. ILHR 83.035
Industry, Labor and Human Relations:
(CR 93-33) - S. ILHR 83.23
Industry, Labor and Human Relations:
(CR 95-183) - SS. ILHR 48.01 and 48.10
Natural Resources:
(CR 95-191) - SS. NR 20.03, 20.04, 20.07, 21.06, 21.11, 22.06, 22.11, 23.05, 26.01, 26.08, 26.09 and 26.21
Natural Resources:
(CR 96-16) - S. NR 10.32
Personnel Commission:
(CR 95-176) - SS. PC 1.01, 3.02, 3.03 and 3.04
Personnel Commission:
(CR 95-177) - Chs. PC 1 and 2 and ss. PC 3.01, 4.02, 4.05 and 5.05
Personnel Commission:
(CR 95-178) - SS. PC 1.01 and 1.07 and ch. PC 6
Public Instruction:
(CR 95-157) - SS. PI 3.03, 3.39, 3.55, 3.57, 3.58 and 4.08
Public Instruction:
(CR 95-203) - SS. PI 35.03 and 35.06
Railroads, Office of the Commissioner of:
(CR 95-118) - SS. OCT 5.02. 5.03, 5.04, 5.07 and 5.10
Railroads, Office of the Commissioner of:
(CR 96-25) - Chs. OCT 1 to 7 and chs. RR 1 to 4
Regulation & Licensing:
(CR 95-141) - S. RL 10.04
Revenue:
(CR 95-169) - SS. Tax 2.09, 2.105, 2.12 and 3.94
Revenue:
(CR 95-202) - S. Tax 2.31
Executive Orders.
Page 41.
Executive Order 279:
Relating to the Suspension of James. F. Blask as District Attorney of Lincoln County.
Executive Order 280:
Relating to Issuance of General Obligation Bonds for the Veterans Home Loan Program and Appointment of Hearing Officer.
Executive Order 281:
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.
Executive Order 282:
Relating to the Creation of the Governor's Blue Ribbon Commission on Mental Health Care.
Public Notices.
Pages 42 to 43.
Health & Social Services:
Public notice relating to Medical Assistance (MA) reimbursement of providers of home health services.
Health & Social Services:
Public notice relating to Medical Assistance (MA) reimbursement of providers of drugs.
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 Milwaukee Journal Sentinel. 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)
Department of Agriculture, Trade & Consumer Protection
1.   Rules were adopted amending ch. ATCP 100 (note) and creating s. ATCP 100.76 (3m) and subchapter VI of ch. ATCP 100, relating to price discrimination in milk procurement.
Finding Of Emergency
1) Each year, Wisconsin's approximately 27,000 dairy farmers sell approximately $3 billion worth of milk to dairy plant operators. Milk sales represent the primary or exclusive source of income for thousands of Wisconsin farm families.
2) Currently, many dairy plant operators appear to be discriminating between milk producers in the amount paid for milk. Many operators appear to be paying higher prices to large producers which cannot be fully justified on the basis of milk quality or differences in procurement cost. Discrimination in milk prices may injure small milk producers and competing dairy plant operators, and may contribute to unwarranted concentration in the dairy industry.
3) Recently, discrimination in milk prices has reached historic highs, with some dairy plants paying volume premiums of up to 70 cents to 90 cents per hundredweight. In order to pay volume premiums at this level, a dairy plant operator must reduce the price paid to other producers. This affects the livelihood of many smaller milk producers, and may affect their ability to continue farming.
4) The state of Wisconsin Department of Agriculture, Trade and Consumer Protection is responsible for enforcing s. 100.22, Stats., which prohibits dairy plant operators from discriminating between milk producers in the prices paid to those producers. However, a dairy plant operator may defend a discrimination in prices if the operator can prove that the discrimination is based on differences in milk quality, is justified on the basis of differences in procurement costs, or is justified in order to meet competition.
5) The Department recently completed a survey of dairy plant pricing programs. The Department presented the survey results to the Board of Agriculture, Trade and Consumer Protection on November 14, 1994. The survey suggests that many dairy plant operators are paying discriminatory prices which cannot be justified on the basis of differences in milk quality or procurement costs. Many of the surveyed dairy plant operators claimed that their discriminatory prices were justified in order to meet prices offered by competitors. Many operators stated that they were willing to reduce their discriminatory payments to levels that could be cost-justified if their competitors would do the same. But compliance by an individual dairy plant operator may put that operator in an untenable competitive position unless the operator's competitors also comply.
6) Enforcement of s. 100.22, Stats., is hampered by the lack of clear standards in the law. For example, there are no clear standards of cost-justification or “meeting competition.” Currently, there are no rules interpreting s. 100.22, Stats. Clarifying rules would facilitate compliance and enforcement.
7) Effective January 1, 1996, federal milk marketing orders will be modified to incorporate a new system of milk component pricing. Dairy plant operators will be making changes to their payment schedules and computer programs in order to implement the new component pricing system. Although the marketing order changes do not address the issue of discrimination in milk pricing, they provide an opportunity for all dairy plant operators to modify their pay programs to comply with s. 100.22, Stats. Simultaneous compliance by dairy plant operators would minimize competitive losses by individual dairy plant operators who choose to comply.
8) In order to promote prompt and effective compliance with s. 100.22, Stats., and to minimize continuing harm to dairy plant operators and smaller milk producers, it is necessary to adopt rules interpreting s. 100.22, Stats., before January 1, 1996. Failure to adopt rules by January 1, 1996 will reduce the chance of securing industry-wide compliance with s. 100.22, Stats., and may therefore result in continuing harm to milk producers and competition.
9) The Department cannot adopt interpretive rules by normal rulemaking procedures by January 1, 1996. Pending the adoption of rules by normal rulemaking procedures, it is therefore necessary to adopt emergency rules to protect the public welfare.
Publication Date:   January 1, 1996
Effective Date:   January 1, 1996
Expiration Date:   May 30, 1996
Hearing Date:   February 1, 1996
2.   Rules were adopted creating s. ATCP 21.15, relating to potato late blight.
Finding Of Emergency
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection finds, pursuant to s. 224.24 (1), Stats., that an emergency rule is necessary to preserve the public peace, health, safety or welfare. The following circumstances justify the emergency rule:
1) In recent years, new forms of the highly virulent “Irish potato famine” fungus, Phytophthora infestans, have caused increasingly devastating losses to potato and tomato growers in the United States and Canada. The fungus causes a disease of potato plants which is commonly known as “late blight.”
2) The National Association of State Departments of Agriculture reports that late blight epidemics in 1992, 1993 and 1994 were the worst in decades, and that some individual farm losses have amounted to hundreds of thousands of dollars in a single year. The University of Wisconsin estimates that Wisconsin growers lost up to $10 million in 1994 and $6 million in 1995 due to late blight.
3) The potato industry is one of Wisconsin's most important agricultural industries. In 1995, Wisconsin was the 3rd leading state in the nation in potato production. Cash receipts to Wisconsin potato growers totalled over $150 million in 1995. Potatoes are an important food source for the people of Wisconsin and other states. Potato production also supports important processing and distribution industries in Wisconsin. The uncontrolled spread of late blight would have a devastating impact on Wisconsin potato growers, and would seriously affect the public health, safety and welfare.
4) Late blight appears on potato plant leaves, stems and tubers. It causes foliar lesions which are followed by severe defoliation in wet weather. It can also reduce marketable yield by directly infecting and rotting potato tubers. Once late blight appears, it spreads rapidly and can cause total crop loss.
5) Late blight fungal spores can be carried to other plants by many things, including wind, rain, machinery, workers, wildlife and infected seed potatoes. The University of Wisconsin reports that spores can be transported over 25 miles by storms.
6) There are very few registered fungicides in the United States that are effective in controlling the new forms of late blight fungus.
7) Because of the lack of registered fungicides, and the ease with which the late blight fungus spreads, potato growers must mitigate the spread of the disease by removing sources of the overwintering inoculum. Among other things, potato growers must properly dispose of potato cull piles and potato plants which germinate from waste potatoes.
8) If individual potato growers fail to implement necessary cultural practices to mitigate the spread of late blight, that failure will have a potentially devastating impact on other growers and on the Wisconsin potato industry as a whole.
9) In order to ensure that growers take adequate steps to mitigate the spread of late blight, it is necessary to adopt rules that spell out critical problems and establish sanctions for growers who fail to comply. Because of the imminent threat of harm to the potato industry, rules are urgently needed prior to the 1996 planting and growing season.
10) Under normal rulemaking procedures, it is not possible for the Department to adopt rules prior to the 1996 planting and growing season. Pending the adoption of permanent rules, the following emergency rules are needed to protect the public health, safety and welfare, and to mitigate the spread of late blight during the 1996 planting and growing season.
Publication Date:   May 1, 1996
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