Register

Cover_w_new_comp

Wisconsin

Administrative

Register

No. 487

Publication Date: July 31, 1996

Effective Date: August 1, 1996

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

WisLaw_Ad_3-96

TabCon_J31

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

Emergency Rules Now In Effect.	Pages 7 to 18.
Agriculture, Trade & Consumer Protection:	Rules relating to potato late blight. Rules relating to animal health.
Development:	Rule relating to the community block grant program.
Emergency Response Board:	Rules relating to a fee for transporting hazardous material.
Gaming Commission:	Rules relating to simulcasting fees.
Health & Social Services:	Community Services, Chs. HSS 30-- Rules relating to treatment foster care for children. Rules adopted revising ch. HSS 55, relating to administration of child care funds. [FIRST APPEARANCE] Rules adopted revising ch. HSS 55, relating to child care providers certification. [FIRST APPEARANCE]
Health & Social Services:	Medical Assistance, Chs. HSS 100-- Rules adopted revising chs. HSS 101, 105 and 107, relating to coverage of school-based medical services. [FIRST APPEARANCE]
Health & Social Services:	Health, Chs. HSS 110-- Rules relating to authorized action of EMTs-intermediate and -paramedic. Rules relating to permit fees. Rules adopted revising ch. HSS 172, relating to public swimming pools. [FIRST APPEARANCE] Rules adopted revising chs. HSS 124, 132 and 134, relating to fees. [FIRST APPEARANCE]
Health & Social Services:	Economic Support, Chs. HSS 200-- Rules relating to the pay for performance program.
Industry, Labor & Human Relations:	Uniform Dwellings, Chs. ILHR 20-25 Rules relating to dwellings constructed in flood hazard zones.
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 Patients Compensation Fund and Mediation Fund fees.
Natural Resources:	Fish, Game, etc., Chs. NR 1- Rules relating to deer hunting permits. Rules relating to size and bag limits for Lac du Flambeau reservation. Rules relating to the 1996 deer hunting season. Rules relating to fishing for yellow perch in Lake Michigan.
Public Instruction:	Rules relating to dispute resolution concerning children with exceptional educational needs (EEN).
Revenue:	Rules relating to assessment of agricultural property in 1996.
Securities, Commissioner of:	Rules relating to alternative accounting guidelines for certain financial statements.
Transportation (Dept.):	Rules relating to seed potato overweight permits.
Scope Statements.	Pages 19 to 21.
Employment Relations:	ER Code - Relating to the catastrophic leave program.
Medical Examining Board:	Med Code - Relating to registration requirements for a podiatrist whose license has been suspended or revoked and continuing education programs, and to create rules relating to completion of postgraduate training by podiatrists.
Natural Resources (Fish, Game, etc., Chs. NR 1--):	NR Code - Relating to fishing, hunting and trapping regulations.
Natural Resources (Environmental Protection--Air Pollution Control, Chs. NR 400--):	Ch. NR 441 - Relating to creating a new chapter titled “Standards of Performance for Designated Facilities”, including a section on municipal waste combustors incorporating the federal emissions guidelines from 40 CFR Part 60, Subpart Cb (60 FR 6387).
Natural Resources (Environmental Protection--Air Pollution Control, Chs. NR 400--) (Environmental Protection--Remediation of Environmental Contamination, Chs. NR 700--):	Chs. NR 419 and NR 718 - Relating to the amendment of rules on the management of solid waste excavated during response actions to facilitate landspreading of contaminated soil.
Regulation & Licensing:	RL Code - Relating to the regulation of interior designers.
Revenue:	S. Tax 11.66 - Relating to the taxation of telecommunications services for sales and use tax purposes.
Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Page 23.
Natural Resources:	Chs. NR 103, 299 and 504 - Relating to water quality standards for wetlands; water quality certification and landfill location, performance and design criteria.
Natural Resources:	SS. NR 20.02 and 25.05 - Relating to sport and commercial fishing for yellow perch in Lake Michigan.
Natural Resources:	Chs. NR 108, 110, 213, 214, 600, 635, 640, 645, 660, 680 and 712 - Relating to the use of the term “professional geologist” in Natural Resources administrative codes.
Natural Resources:	S. NR 20.08 (10) - Relating to fishing tournament permitting.
Natural Resources:	Ch. NR 20 - Relating to sturgeon spearing in Lake Winnebago.
Transportation:	Ch. Trans 276 - Relating to allowing the operation of “double bottoms” and certain other vehicles on specified highways.
Notice Section.	Pages 25 to 31.
Agriculture, Trade & Consumer Protection:	Hearings to consider ch. ATCP 77, relating to laboratory certification fees.
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Hearings to consider revision to ss. NR 20.02 and 25.05, relating to sport and commercial fishing for yellow perch in Lake Michigan. Hearing to consider amendment of s. NR 20.08 (10), relating to extending the tournament fishing permit system. Hearings to consider revisions to ch. NR 20, relating to sturgeon spearing in the Lake Winnebago system.
Natural Resources:	Environmental Protection--General, Chs. NR 100-- Environmental Protection--WPDES, Chs. NR 200-- Environmental Protection--Solid & Hazardous Waste, Chs. NR 500-- Hearings to consider rules relating to water quality standards for wetlands, water quality certification and landfall location, performance and design criteria.
Natural Resources:	Environmental Protection--General, Chs. NR 100-- Environmental Protection--WPDES, Chs. NR 200-- Environmental Protection--Hazardous Waste, Chs. NR 600-- Environmental Protection--Remediation, Chs. NR 700-- Hearings to consider revision to rules relating to integration of the registration of professional geologists into the applicable codes.
Revenue:	Proposed revision of s. Tax 11.95, relating to retailer's discount.
Securities:	Hearing to consider s. SEC 2.01 (1) (c) 5 and (d) 5, relating to accounting guidelines for financial statements for certain governmental issuers of securities.
Transportation:	Hearing to consider amendment of s. Trans 276.07 (4), relating to operation of over-size trucks.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 32.
Health & Family Services:	(CR 96-26) - Ch. HFS 34
Regulation & Licensing:	(CR 96-33) - S. RL 120.02 (intro.) and ch. RL 128
Revenue:	(CR 96-53) - S. Tax 11.69
Administrative Rules Filed With the Revisor of Statutes Bureau.	Page 33.
Dentistry Examining Board:	(CR 96-50) - Ch. DE 12.01 (3)
Health & Family Services:	(CR 94-203) - S. HFS 61.81 and ch. HFS 40
Health & Family Services:	(CR 94-204) - Ch. HFS 38
Health & Family Services:	(CR 96-8) - S. HFS 124.20 (5)
Medical Examining Board:	(CR 95-189) - Ch. Med 15 (title) and s. Med 15.02
Natural Resources:	(CR 94-183) - Ch. NR 113
Natural Resources:	(CR 95-47) - SS. NR 1.60 and 1.61 and ch. NR 44
Revenue:	(CR 95-161) - Ch. Tax 9
Revenue:	(CR 96-58) - Ch. Tax 18
Savings & Loan:	(CR 96-32) - S. S-L 3.02
Rules Published in this Wis. Adm. Register.	Pages 34 to 35.
Agriculture, Trade & Consumer Protection:	(CR 95-14) - Ch. ATCP 123
Agriculture, Trade & Consumer Protection:	(CR 95-146) - Ch. ATCP 116
Chiropractic Examining Board:	(CR 95-232) - S. Chir 9.03 (6)
Corrections:	(CR 95-227) - Ch. DOC 328
State Emergency Response Board:	(CR 95-216) - Ch. ERB 5
Employment Relations:	(CR 96-51) - S. ER 29.03 (8) (bm)
Health & Social Services:	(CR 92-216) - Ch. HSS 3 and creating ch. HSS 83
Health & Social Services:	(CR 94-193) - Ch. HSS 62
Health & Social Services:	(CR 95-229) - SS. HSS 201.30 and 201.303
Industry, Labor & Human Relations:	(CR 96-5) - SS. Ind 80.60 and 80.64
Industry, Labor & Human Relations:	(CR 96-6) - S. Ind 80.62
Industry, Labor & Human Relations:	(CR 96-24) - S. Ind 80.15
Insurance, Commissioner of:	(CR 95-204) - SS. Ins 3.455 and 3.46
Natural Resources:	(CR 94-180) - S. NR 1.15 (2) (a)
Natural Resources:	(CR 95-108) - Ch. NR 120
Natural Resources:	(CR 95-117) - S. NR 19.30
Natural Resources:	(CR 95-185) - S. NR 1.52
Natural Resources:	(CR 95-194) - S. NR 19.02
Natural Resources:	(CR 95-221) - SS. NR 28.03 and 28.04
Regulation & Licensing:	(CR 95-80) - Ch. RL 7 and Appendix I
Regulation & Licensing:	(CR 95-211) - Ch. RL 1
Regulation & Licensing:	(CR 96-14) - Ch. RL 4
Securities, Commissioner of:	(CR 96-65) - S. SEC 2.01 (3) (e)
Transportation:	(CR 94-202) - S. Trans 201.16 (2) (e)
Transportation:	(CR 95-197) - Ch. Trans 104
Transportation:	(CR 96-43) - S. Trans 6.04 (1) (e)
Tourism:	(CR 96-48) - SS. Tour 1.02, 1.03 and 1.05
Final Regulatory Flexibility Analyses.	Pages 36 to 40.
Agriculture, Trade & Consumer Protection:	(CR 95-146) - Ch. ATCP 116
Agriculture, Trade & Consumer Protection:	(CR 95-14) - Ch. ATCP 123
Chiropractic Examining Board:	(CR 95-232) - Ch. Chir 9.03 (6)
Health & Social Services:	(CR 94-193) - Ch. HSS 62
Health & Social Services:	(CR 92-216) - Ch. HSS 83
Health & Social Services:	(CR 95-229) - SS. HSS 201.30 (1) and 201.303
Industry, Labor & Human Relations:	(CR 96-5) - S. Ind 80.60 (4)
Industry, Labor & Human Relations:	(CR 96-6) - S. Ind 80.62
Industry, Labor & Human Relations:	(CR 96-24) - S. Ind 80.15
Insurance, Commissioner of:	(CR 95-204) - SS. Ins 3.455 and 3.46
Natural Resources:	(CR 95-108) - Ch. NR 120
Natural Resources:	(CR 95-117) - S. NR 19.30
Natural Resources:	(CR 95-185) - S. NR 1.52
Natural Resources:	(CR 95-194) - S. NR 19.02
Natural Resources:	(CR 95-221) - Ch. NR 28
Regulation & Licensing:	(CR 95-80) - Ch. RL 7 and Appendix I
Regulation & Licensing:	(CR 95-211) - Ch. RL 1
Regulation & Licensing:	(CR 96-14) - Ch. RL 4
Securities, Commissioner of:	(CR 96-65) - S. SEC 2.01 (3) (e)
Transportation:	(CR 95-197) - Ch. Trans 104
Transportation:	(CR 96-43) - S. Trans 6.04 (1) (e)
Transportation:	(CR 94-202) - Ch. Trans 201
Executive Orders.	Page 41.
Executive Order 285:	Relating to Proclamation of a State of Emergency.
Executive Order 286:	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 Brave Men and Women of the Armed Forces of the United States Who Lost Their Lives in the Terrorist Bombing in Dhahran, Saudi Arabia.
Executive Order 287:	Relating to Amending Executive Order #283 and to the Transfer to the Department of Administration of Responsibilities for Higher Educational Aid Programs Currently Assigned to the Higher Educational Aids Board and to the Transfer to the Department of Administration of Responsibilities for the Regulation of Proprietary Schools and the Approval of Schools and Courses of Instruction for the Training of Veterans Receiving Assistance from the Federal Government Currently Assigned to the Educational Approval Board and to the Creation of the Higher Educational Aids Council and the Educational Approval Council.
Executive Order 288:	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 Technical Sergeant Patrick Fennig of the United States Air Force Who Lost His Life in the Terrorist Bombing Near Dhahran, Saudi Arabia.
Executive Order 289:	Relating to the Creation of the Governor's Blue Ribbon Commission on 21st Century Jobs.

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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)

Department of Agriculture, Trade & Consumer Protection

1.   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

Effective Date:   May 1, 1996

Expiration Date:   September 28, 1996

Hearing Date:   May 30, 1996

2. Rules adopted revising chs. ATCP 10 to 12, relating to animal health.

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) 1995 Wis. Act 79 was published December 8, 1995. Under its provisions, no person may keep farm-raised deer in Wisconsin after June 1, 1996, unless that person is registered with the department.

(2) 1995 Wis. Act 79 requires the department to adopt rules which specify the fee for registration. In addition, rules are necessary to establish the mechanism for registration.

(3) Prior to 1995 Wis. Act 79, persons who kept farm-raised deer were required to be licensed by the department of natural resources (DNR). Many persons who keep farm-raised deer will have become licensed with DNR for calendar year 1996. Those licenses will be transferred to the department as registrations.

(4) Permanent rules implementing 1995 Wis. Act 79 will not take effect until on or about January 1, 1997. This emergency rule establishes an interim procedure for registering herds of farm-raised deer, pending the effective date of the permanent rules. Without this emergency rule, no person would be able to start a farm-raised deer herd in Wisconsin between June 1, 1996, and the effective date of the permanent rules, because there would be no way to register that herd.

(5) 1995 Wis. Act 79 also requires animal owners to provide a means of testing those animals for tuberculosis without endangering the animal or the person performing the test. In addition, a non-statutory provision of that Act requires all keepers of farm-raised deer to have the deer tested for tuberculosis between December 8, 1995, and June 30, 1997.

(7) Concerns for the safety of farm-raised deer during testing prohibit testing during significant periods of the year. For example, deer should not be tested during the birthing season, the rut season and the season in which the animals are in velvet. Therefore testing is restricted to periods in late August to early October or during January and February.

(8) The department anticipates that many keepers of farm-raised deer will perform their testing in July, August or September of 1996, before a permanent rule can be adopted. This emergency rule establishes three alternative ways in which the animal owner can insure the safety of the persons doing the testing. This is necessary to insure the safety of the person conducting the test and to permit the keeper of farm-raised deer to know what constitutes adequate restraint of the animals.

(9) In September, 1995, the United States department of agriculture adopted new regulations relating to identification and slaughter shipment of bovines or cervidae which are reactors or suspects for bovine tuberculosis. Wisconsin's current administrative rules are in conflict with the current federal regulations. This emergency rule will make Wisconsin's rules consistent with the federal regulations, so that persons who comply with federal law will not be placed in violation of state law.

(10) In March 1996, the department was advised by the United States department of agriculture that the Russian federation intends to prohibit shipment of poultry meat into the Russian federation from any state which does not require veterinarians to report the presence of specific poultry diseases to the state animal health agency. Wisconsin's current administrative rules do not require reporting of 5 of the diseases which concern the Russian federation.