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Wisconsin
Administrative
Register
No. 488
Publication Date: August 31, 1996
Effective Date: September 1, 1996
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
TABCON_A31
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 7 to 17.
Agriculture, Trade & Consumer Protection:
Rules relating to potato late blight.
Rules relating to animal health.
Corrections:
Rule adopted creating s. DOC 309.05 (2) (d), relating to inmate mail. [FIRST APPEARANCE]
Development:
Rule relating to the community block grant program.
Emergency Response Board:
Rules relating to a fee for transporting hazardous material.
Health & Family Services:
Community Services, Chs. HSS 30--
Rules relating to administration of child care funds.
Rules relating to child care providers certification.
Rule adopted repealing an emergency rule, relating to child care funds and copayments. [FIRST APPEARANCE]
Health & Family Services:
Medical Assistance, Chs. HSS 100--
Rules relating to coverage of school-based medical services.
Health & Family Services:
Health, Chs. HSS 110--
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.
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.
Rules adopted revising rules relating to the 1996 deer hunting season. [FIRST APPEARANCE]
Public Instruction:
Rules relating to dispute resolution concerning children with exceptional educational needs (EEN).
Rules adopted revising ch. PI 11, relating to the handicapping condition of significant developmental delay. [FIRST APPEARANCE]
Securities (Financial Institutions):
Rules relating to alternative accounting guidelines for certain financial statements.
Scope Statements.
Pages 19 to 23.
Administration:
Adm Code - Relating to manufactured home dealer trade practices, facilities and records.
Administration:
Adm Code - Relating to licensing periods and fees for manufactured home dealers and salespeople.
Administration:
Adm Code - Relating to manufactured home dealer financial eligibility.
Chiropractic Examining Board & Physical Therapists Affiliated Credentialing Board:
Chir Code and PT Code - Relating to who may claim to render physical therapy or physiotherapy services.
Employe Trust Funds:
ETF Code - Relating to treatment of contributions to the Wisconsin Retirement System (WRS) made by an employer on behalf of a participant that exceed the federally mandated contribution limits.
Employe Trust Funds:
ETF Code - Relating to special contribution and benefit limitations that are imposed by federal tax laws on individuals who participate in more than one qualified retirement plan.
Employe Trust Funds:
ETF Code - Relating to methods that will be used by the Department of Employe Trust Funds to locate participants, alternate payees, and beneficiaries prior to declaring a Wisconsin Retirement System (WRS) account abandoned.
Employe Trust Funds:
ETF Code - Relating to procedures to be used when the Department distributes a Wisconsin Retirement System (WRS) account to the beneficiary of a participant or alternate payee who dies before beginning to receive a WRS benefit.
Employe Trust Funds:
ETF Code - Relating to eligibility for benefits from the Wisconsin Retirement System (WRS), the Milwaukee County Employes Retirement System, and the City of Milwaukee Employes Retirement System which are calculated under s. 40.30, Stats., the reciprocity provision; application procedures and deadlines; specifics of the benefit calculations.
Employe Trust Funds:
ETF Code - Relating to the definition of termination of employment for purposes of chapter 40 of the Statutes.
Hearing & Speech Examining Board:
HAS Code - Relating to how often audiometric equipment that is used in the evaluation of hearing sensitivity for the fitting and selling of hearing instruments must be calibrated.
Hearing & Speech Examining Board:
HAS Code - Relating to the use of support personnel by speech-language pathologists and audiologists.
Regulation & Licensing:
RL Code - Relating to amateur and professional boxing.
Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Page 25 to 27.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 21 - Relating to potato late blight.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 98 - Relating to financial standards and security requirements for vegetable contractors.
Emergency Response Board:
Ch. ERB 6 - Relating to reimbursement procedures for regional and local hazardous materials emergency response teams when a person responsible cannot be found or when the person responsible is unable or unwilling to pay.
Employe Trust Funds:
SS. ETF 10.01 (3i), 20.14, 20.15, 20.16 and 20.18 - Relating to purchases of service under the Wisconsin Retirement System (WRS), including forfeited, qualifying, and other governmental service.
Natural Resources:
S. NR 10.09 (1) (c) 1. a. - Relating to the definition of a muzzleloader.
Natural Resources:
S. NR 20.03 (1) (k) 7 - Relating to a daily bag limit for panfish.
Natural Resources:
Ch. NR 27 - Relating to endangered and threatened species lists.
Natural Resources:
Chs. NR 190 and 191 - Relating to lake protection and lake planning grants.
Regulation & Licensing:
S. RL 30.02 (4m) and (7) - Relating to a definition of “in plain view,” as directed in s. 167.31 (4) (a) 4., Stats., as created by 1995 Wis. Act 122; and to repealing and recreating the current definition of “on duty” to clarify that a private security person is not on duty when the private security person drives to or from his or her place of employment or a facility at which he or she receives or intends to receive training to act as a private security person.
Revenue:
Ch. Tax 20 - Relating to the administration of the lottery credit.
Workforce Development:
Ch. DWD 55 - Relating to child care certification.
Workforce Development:
Ch. DWD 56 - Relating to the administration of child care funds.
Notice Section.
Pages 29 to 40.
Agriculture, Trade & Consumer Protection:
Hearings to consider ch. ATCP 98, relating to vegetable producer security.
Employe Trust Funds:
Hearing to consider ch. ETF 20, relating to purchases of service, including forfeited, qualifying and other governmental services.
Health and Family Services:
Community Services, Chs. HSS 30--
See notices under Workforce Development.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearing to consider s. NR 19.025, relating to waiver of requirements of ch. 29, Stats., for an educational, recreational skills activity.
Hearing to consider amendment to s. NR 10.09 (1) (c) 1., relating to the definition of muzzleloader.
Hearings to consider revision to s. NR 27.03 (2) and (3), relating to the Wisconsin endangered and threatened species lists.
Hearings to consider amendment to s. NR 20.03 (1) (k) 7., relating to panfish daily bag limit.
Hearing to consider an emergency rule relating to the 1996 deer hunting season.
Natural Resources:
Environmental Protection--General, Chs. NR 100--
Hearings to consider revision to chs. NR 190 and 191, relating to lake protection and lake planning grants.
Securities (Financial Institutions):
Hearing to consider revision to the SEC Code, relating to securities regulation corporate take-over law and the franchise investment law.
Workforce Development:
Hearing to consider repeal of ss. HSS 55.55 to 55.62 and creation of ch. DWD 55, relating to child care
certification.
Hearing to consider repeal of ss. HSS 55.70 to 55.76 and creation of ch. DWD 56, relating to the administration of child care funds.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.


Page 41.
Agriculture, Trade & Consumer Protection:
(CR 96-2) - S. ATCP 3.02 and ch. ATCP 50
Natural Resources:
(CR 96-73) - SS. NR 200.06, 200.07 and 205.07
Transportation:
(CR 96-110) - S. Trans 102.22
Administrative Rules Filed With the Revisor of Statutes Bureau.

Page 42.
Administration:
(CR 95-233) - Ch. Adm 25
Agriculture, Trade & Consumer Protection:
(CR 95-190) - Ch. ATCP 42
Elections Board:
(CR 96-28) - S. El Bd 1.655
Natural Resources:
(CR 95-195) - Ch. NR 48
Natural Resources:
(CR 95-222) - Subch. II and ch. NR 51
Public Instruction:
(CR 96-59) - Ch. PI 19
Public Instruction:
(CR 96-60) - Ch. PI 3
Public Instruction:
(CR 96-61) - Ch. PI 32
Transportation:
(CR 96-88) - Ch. Trans 107
University of Wisconsin System:
(CR 96-31) - SS. UWS 18.02 and 18.06
Rules Published in this Wis. Adm. Register.
Pages 43 to 44.
Administration:
(CR 95-234) - Ch. Adm 9
Agriculture, Trade & Consumer Protection:
(CR 96-15) - Ch. ATCP 99
Commerce:
(CR 96-13) - Ch. Comm 16
Dentistry Examining Board:
(CR 96-50) - Ch. DE 12.01 (3)
Emergency Response Board:
(CR 96-35) - Ch. ERB 1
Gaming Board:
(CR 96-30) - S. WGC 24.13 (1) (d)
Health & Family Services:
(CR 94-203) - Ch. HFS 40 and s. HFS 61.81
Health & Family Services:
(CR 94-204) - Ch. HFS 38
Health & Family Services:
(CR 95-226) - Ch. HFS 111
Health & Family Services:
(CR 96-3) - Ch. HFS 112
Health & Family Services:
(CR 96-8) - S. HFS 124.20 (5)
Historical Society:
(CR 95-215) - Ch. HS 3
Insurance, Commissioner of:
(CR 96-45) - SS. Ins 17.01, 17.26 and 17.28
Medical Examining Board:
(CR 95-189) - Ch. Med 15 (title) and s. Med 15.02
Natural Resources:
(CR 94-180) - SS. NR 1.15 (2) (a), 10.104 and 10.28
Natural Resources:
(CR 95-47) - SS. NR 1.60 and 1.61 and ch. NR 44
Natural Resources:
(CR 95-196) - SS. NR 10.01 (1) (g) 1. L. and m. and
10.31 (11)
Natural Resources:
(CR 96-19) - SS. NR 10.102 (1) (d) and (f) and 10.30
Natural Resources:
(CR 96-20) - SS. NR 10.01, 10.09 and 10.117
Natural Resources:
(CR 96-22) - SS. NR 10.01, 10.02, 10.106, 10.145,
10.27, 10.29 and 10.40
Regulation & Licensing:
(CR 95-210) - Ch. RL 9
Revenue:
(CR 95-161) - Ch. Tax 9
Revenue:
(CR 96-58) - Ch. Tax 18
Savings & Loan:
(CR 96-32) - S. S-L 3.02
Transportation:
(CR 96-57) - Ch. Trans 258
Veterans Affairs:
(CR 96-46) - Ch. VA 14
Final Regulatory Flexibility Analysis.
Pages 45 to 48.
1. Administration:
(CR 95-234) - Ch. Adm 9
2. Agriculture, Trade & Consumer Protection:
(CR 96-15) - Ch. ATCP 99
3. Commerce:
(CR 96-13) - Ch. Comm 16
4. Dentistry Examining Board:
(CR 96-50) - S. DE 12.01 (3)
5. Emergency Response Board:
(CR 96-35) - SS. ERB 1.01, 1.02, 1.04, 1.06 and 1.07
6. Gaming Commission:
(CR 96-30) - S. WGC 24.13 (1) (d)
7. Health & Family Services:
(CR 94-203) - Ch. HFS 40 and s. HFS 61.81
8. Health & Family Services:
(CR 94-204) - Ch. HFS 38
9. Health & Family Services:
(CR 95-226) - Ch. HFS 111
10. Health & Family Services:
(CR 96-3) - Ch. HFS 112
11. Health & Family Services:
(CR 96-8) - S. HFS 124.20 (5) (a) and (i)
12. Historical Society:
(CR 95-215) - Ch. HS 3
13. Insurance, Commissioner of:
(CR 96-45) - S. Ins 17.01 (3), 17.28 (6) and 17.26 (4) (a)
14. Medical Examining Board:
(CR 95-189) - Ch. Med 15 (title), 15.02 (title) and 15.02
15. Natural Resources:
(CR 94-180) - Chs. NR 1 and 10
16. Natural Resources:
(CR 95-47) - Chs. NR 1 and 44
17. Natural Resources:
(CR 95-196) - Ch. NR 10
18. Natural Resources:
(CR 96-22) - Ch. NR 10
19. Regulation & Licensing:
(CR 95-210) - Ch. RL 9
20. Revenue:
(CR 95-161) - Ch. Tax 9
21. Revenue:
(CR 95-58) - Ch. Tax 18
22. Transportation:
(CR 96-57) - Ch. Trans 258
Executive Orders.
Page 49.
Executive Order 290.
Relating to the Creation of the Governor's Task Force on the Compulsory School Attendance Age.
Executive Order 291.
Relating to a Proclamation Declaring a State of Emergency and Calling to Active Duty Elements of the Wisconsin National Guard.
Executive Order 292.
Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff to Commemorate National Korean War Veterans Armistice Day.
emerg_aug
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 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.
Publication Date:   June 3, 1996
Effective Date:   June 3, 1996
Expiration Date:   October 31, 1996
EMERGENCY RULES NOW IN EFFECT
Department of Corrections
Rules adopted creating s. DOC 309.05 (2)(d), relating to inmate mail.
Finding of Emergency
The Department of Corrections finds an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
Wisconsin state prison inmates outgoing mail is generally not reviewed or censored. Inmates have used mail to:
1.   Contact the victims of their crimes, which has caused severe emotional distress;
2.   Threaten and harass elected officials, law enforcement officers, and other persons; and
3.   Defraud mail order and other businesses.
Since November 1, 1993, pursuant to Internal Management Procedure #35, the department has stamped outgoing inmate mail to indicate that the mail was sent from the Wisconsin state prison system. IMP #35 was adopted to protect victims of crime, the public, and businesses from inmate harassment and fraud.
The Wisconsin Court of Appeals ruled in an unpublished decision that IMP #35 had to be promulgated as an administrative rule.
In order to protect the public welfare of the state, it is necessary for the department to adopt the following emergency rule to ensure that victims of crime are not further victimized by inmate mail, that members of the public are not threatened or harassed, and that businesses are not defrauded.
Publication Date:   August 15, 1996
Effective Date:   August 15, 1996
Expiration Date:   January 12, 1997
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