T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
|
Pages 5 to 14.
|
Agriculture, Trade & Consumer Protection:
|
Rules relating to potato late blight.
Rules relating to animal health.
|
Corrections:
|
Rule relating to inmate mail.
|
Health & Family Services:
|
Community Services, Chs. HSS 30--
Rules relating to administration of child care funds.
Rules relating to child care providers certification.
Rule relating to child care funds and copayments.
|
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, Chs. ILHR 100-150
Rule relating to a limited waiver of work search requirement.
|
Industry, Labor & Human Relations (Workforce Development):
|
Labor Standards, Chs. ILHR 270-279
Rule adopted revising ch. ILHR 272, relating to the minimum wage. [FIRST APPEARANCE]
|
Insurance, Commissioner of:
|
Rules relating to patients compensation fund and mediation fund fees.
|
Natural Resources:
|
Fish, Game, etc., Chs. NR 1-
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 relating to the 1996 deer hunting season.
Rules adopted revising ch. NR 10, relating to the 1996 migratory game bird season. [FIRST APPEARANCE]
|
Public Instruction:
|
Rules relating to dispute resolution concerning children with exceptional educational needs (EEN).
Rules relating to the handicapping condition of significant developmental delay.
|
Securities (Financial Institutions):
|
Rules relating to alternative accounting guidelines for certain financial statements.
|
|
|
Scope Statements.
|
Pages 15 to 18.
|
Commerce:
|
Ch. Comm 1 - Relating to Wisconsin environmental procedures.
|
Commerce:
|
Ch. ILHR 60 - Relating to child day care facilities.
|
Commerce:
|
Chs. Comm 16; ILHR 2, 3, 7, 8, 9, 10, 11, 12, 13, 17, 18, 20 to 25, 27, 32, 33, 34, 41, 42, 43, 45, 47, 48, 50 to 64, 66, 67, 68, 69, 70, 71, 81 to 87 and 90 - Relating to plan review and inspection general procedures within the Divisions of Safety & Buildings, and of Environmental & Regulatory Services.
|
Health & Family Services:
|
Ch. HFS 173 - Relating to regulation of tattooists, tattoo establishments, body piercers and body-piercing establishments by the DHFS or by local public health departments designated as agents of DHFS.
|
Insurance, Commissioner of:
|
S. Ins 18.07 - Relating to decrease in Health Insurance Risk-Sharing Plan (HIRSP) rates.
|
Natural Resources:
|
Chs. NR 132 and 182 and, if appropriate, ch. NR 140 - Relating to proposed revisions of mining rules.
|
Natural Resources:
|
Ch. NR 25 - Relating to commercial fishing - outlying waters.
|
Natural Resources:
|
Ch. NR 24 - Relating to commercial clam harvest.
|
Natural Resources:
|
Ch. NR 720 - Relating to permission to add additional compounds to the soil standards tables in ch. NR 720, Soil Quality Standards, to develop guidance and outreach efforts for the continuing implementation of the ch. NR 720 rule series.
|
Transportation:
|
Ch. Trans 206 - Relating to a rule that interprets and administers procedures for assisting in the improvement of deteriorating local highways, streets and roads under s. 86.31 (6), Stats.
|
Transportation:
|
Ch. Trans 269 - Relating to permits for overweight movement of scrap and garbage or refuse.
|
|
|
Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
|
Page 19.
|
Agriculture, Trade & Consumer Protection:
|
Ch. ATCP 30 - Relating to the atrazine pesticides.
|
Commerce:
|
Chs. ILHR 63 and 64 - Relating to energy conservation and ventilation.
|
Employe Trust Funds:
|
S. ETF 10.12 - Relating to withdrawal of funds invested in the Public Employe Trust Fund by a separate retirement system as permitted by s. 40.03 (1) (n) and (2) (q), Stats.
|
|
|
Notice Section.
|
Pages 21 to 28.
|
Agriculture, Trade & Consumer Protection:
|
Hearing to consider revision of ch. ATCP 21, relating to potato late blight control.
Hearings to consider revision of ch. ATCP 30, relating to the use of atrazine.
|
Commerce:
|
Building & Heating, etc., Chs. ILHR 50-64
Hearing to consider revision to chs. ILHR 63 and 64, relating to energy conservation.
|
Corrections:
|
Hearings to consider revision of ss. DOC 328.20 and 333.16, relating to use of oleoresin of capsicum, firearms and other weapons by Division employes.
|
Employe Trust Funds:
|
Hearing to consider revision of s. ETF 10.12, relating to withdrawal of funds as permitted by s. 40.03 (1) (n) and (2) (q), Stats.
|
Regulation & Licensing:
|
Hearing to consider revision to ch. RL 30, relating to private security person or private detective carrying a loaded firearm.
|
Transportation:
|
Hearing to consider emergency rule amendment to ch. Trans 269, relating to transportation of garbage and refuse permits.
|
|
|
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
|
Page 29.
|
Commerce:
| |
Commerce:
| |
Insurance, Commissioner of:
| |
Transportation:
| |
|
|
Administrative Rules Filed With the Revisor of Statutes Bureau.
|
Page 30.
|
Agriculture, Trade & Consumer Protection:
| |
Health & Family Services:
| |
Medical Examining Board:
| |
Physical Therapists Affiliated Credentialing Board:
| |
Revenue:
| |
Revenue:
| |
Savings Institutions, Division of (Financial Institutions):
| |
Savings Institutions, Division of (Financial Institutions):
| |
State Fair Park Board:
| |
|
|
|
|
Wisconsin
Administrative
Register
No. 489
Publication Date: September 14, 1996
Effective Date: September 15, 1996
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
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
