No. 488
Publication Date: August 14, 1996
Effective Date: August 15, 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 5 to 16.
Agriculture, Trade & Consumer Protection:
Rules relating to potato late blight.
Rules relating to animal health.
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 & Family Services:
Community Services, Chs. HSS 30--
Rules relating to treatment foster care for children.
Rules relating to administration of child care funds.
Rules relating to child care providers certification.
Health & Family Services:
Medical Assistance, Chs. HSS 100--
Rules adopted revising chs. HSS 101, 105 and 107, relating to coverage of school-based medical services.
Health & Family Services:
Health, Chs. HSS 110--
Rules relating to authorized action of EMTs-intermediate and -paramedic.
Rules relating to permit fees.
Rules relating to public swimming pools.
Rules relating to fees.
Health & Family 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).
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 17 to 18.
Natural Resources:
NR Code - Relating to shore protection guidelines.
Natural Resources:
Ch. NR 25 - Relating to commercial fishing for whitefish and chubs in Lake Michigan.
Natural Resources:
Ch. NR 25 - Relating to commercial fishing for yellow perch in Lake Michigan.
Regulation & Licensing:
RL Code - Relating to use of title by acupuncturists.
Chs. Trans 325, 326 & 328 - Relating to the Motor Carrier Safety Regulations.
Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Page 19 to 20.
Employe Trust Funds:
S. ETF 10.75 - Relating to signature of Wisconsin Retirement system documents by an agent holding the person's power of attorney.
Employe Trust Funds:
Chs. ETF 20 & 60 - Relating to automatic distributions of Wisconsin Retirement System (WRS) benefits to participants who have attained age 69.5 years, to alternate payees of participants who have attained or would have attained age 69.5 years, and to beneficiaries of deceased annuitants.
Employe Trust Funds:
Chs. ETF 20, 40, 50 & 60 - Relating to conditions under which the Department of Employe Trust funds will treat payments received under a court order or compromise settlement as earnings for retirement benefit purposes and will restore a reinstated employe's insurance coverages.
Financial Institutions-Banking:
Ch. Bkg 73 - Relating to a proposed rule change allowing adjustment services companies (ASC) to receive voluntary contributions from creditors, while also charging a fee to debtors to cover the operational and administrative costs fo the ASC.
Health & Family Services:
Ch. HSS 146 - Relating to vaccine-preventable diseases.
Health & Family Services:
Ch. HSS 172 - Relating to the operation of public swimming pools.
Health & Family Services:
Ch. HSS 136 - Relating to embalming standards.
Public Instruction:
Ch. PI 11 - Relating to handicapping condition of significant developmental delay.
Public Instruction:
Ch. PI 11 - Relating to the method of resolving disputes concerning children with exceptional educational needs (EEN) between school boards and the parents of those children.
Notice Section.
Pages 21 to 36.
Employe Trust Funds:
Hearing to consider revision to s. ETF 10.75, relating to signatures on documents by an agent with power of attorney.
Hearing to consider ss. ETF 20.07 and 60.53, relating to automatic distribution of benefits.
Hearing to consider ss. ETF 20.12, 40.12, 50.12, 50.44 and 60.40, relating to treatment of payments received under a court order of settlement as earnings for benefit purposes.
Health and Family Services:
Health, Chs. HSS 110--
Hearing to consider revisions to chs. HSS 172, 175, 178, 195 to 198, relating to permit fees and to ch. HSS 172, relating to public swimming pools and lifeguard certification.
Hearing to consider amendment to chs. HSS 124, 132 and 134, relating to fees for certain health-care related facilities.
Hearing to consider revision to chs. HSS 144 and 145, relating to immunization of students and vaccinate preventable diseases.
Hearing to consider ch. Jus 9, relating to the DNA data bank.
Laws Enforcement Standards Board:
Proposed revision to the LES Code.
Psychology Examining Board:
Hearing to consider a revision to ch. Psy 2, relating to transcripts of undergraduate training, passing scores on examinations and abandonment of applications.
Public Instruction:
Hearings to consider revision to ch. PI 11, relating to the handicapping condition of significant developmental delay. Hearings to consider revision to ch. PI 11, relating to method of resolving disputes concerning children with exceptional educational needs.
Proposed revision to ch. Tax 11, relating to the sales and use tax.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.

Page 37.
Agriculture, Trade & Consumer Protection:
(CR 95-97) - Chs. ATCP 88 & 89
Financial Institutions - Banking:
(CR 96-67) - Ch. Bkg 76
Financial Institutions - Banking:
(CR 96-68) - S. Bkg 80.25
Natural Resources:
(CR 96-18) - Ch. NR 140 & ss. NR 700.03, 722.07,       724.13,726,05 and 726.17
Natural Resources:
(CR 96-21) - SS. NR 149.22 and 219.05
Natural Resources:
(CR 96-74) -Ch. NR 7
Natural Resources:
(CR 96-84) - S. NR 46.30 (2) (a) to (c)
Natural Resources:
(CR 96-98) - SS. NR 25.03 (1) (a) and 25.06 (1) (a)2
Public Defender:
(CR 96-101) - S. PD 3.039
Public Defender:
(CR 96-102) - S. PD 2.03 (4), (5) and (8)
Social Workers, Marriage & Family Therapists and Professional Counselors Examining Board:
(CR 96-34) - SS. SFC 2.01 and 3.13
Administrative Rules Filed With the Revisor of Statutes Bureau.

Page 38.
(CR 95-234) - Ch. Adm 9
Agriculture, Trade & Consumer Protection:
(CR 96-15) - Ch. ATCP 99
(CR 95-228) - ILHR Codes
(CR 96-13) - Ch. ILHR 16
Gaming Board:
(CR 96-30) - S. WGC 24.13 (1) (d)
Health & Family Services:
(CR 95-226) - Ch. HSS 111
Health & Family Services:
(CR 96-3) - Ch. HSS 112
Historical Society:
(CR 95-215) - Ch. HS 3
(CR 96-45) - Ch. Ins 17
Medical Examining Board:
(CR 96-27) - S. Med 10.02 (2) (q)
(CR 96-57) - Ch. Trans 258
Public Notice.
Page 39.
Health & Family Services:
Relating to medical assistance reimbursement of providers of disposable medical supplies.
Notice of Nonacquiescence.
Page 40.
Workforce Development (Labor & Industry Review Commission):
In the matter of the contribution liability, or status, under ch. 108, Wis. Stats., of Ed Bristol Advertising, Inc.
Revenue (Tax Appeals Commission):
Cherney Microbiological Services, LTD., v. Wisconsin Department of Revenue.
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.
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 Dates:   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.
(11) Wisconsin poultry producers ship poultry meat valued in excess of $1 million per year to the Russian federation. By adopting a provision requiring veterinarians to report the existence of 5 diseases to the department, the department will protect the poultry producers' export market in the Russian federation. The department has proposed a permanent rule requiring reporting of the diseases. This emergency rule protects the export market during the period before the permanent rule is effective.
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.