Register

WisLaw_Ad_8-96

Cover_w_new_comp

Wisconsin

Administrative

Register

No. 489

Publication Date: September 30, 1996

Effective Date: October 1, 1996

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

TABCON_S30

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 (Workforce Development):	Labor Standards, Chs. ILHR 270-279 Rules relating to the minimum wage.
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 relating to the 1996 migratory game bird season.
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.
Transportation:	Rules adopted revising ch. Trans 269, relating to transportation of garbage or refuse permits. [FIRST APPEARANCE]
Scope Statements.	Pages 15 to 18.
Agriculture, Trade & Consumer Protection:	S. ATCP 139.04 (11) - Relating to designating gaseous hydrocarbons as banned hazardous substances when intended for use as refrigerants in mobile air conditioners.
Corrections:	S. DOC 313.02 (2) (d) - Relating to clarifying the meaning of “industry” and thereby distinguishing between new industries and established industries.
Health & Family Services:	Ch. HSS 70 - Relating to group homes for recovering substance abusers.
Health & Family Services:	Ch. HSS 133 - Relating to licensing of home health agencies.
Insurance, Commissioner of:	SS. Ins 3.39 and 3.46 - Relating to changes required by the Kassebaum-Kennedy bill to Medicare supplement and long term care policies.
Natural Resources:	Ch. NR 27 - Relating to endangered and threatened species.
Regulation & Licensing:	RL Code - Relating to the regulation of auctioneers and auction companies.
Regulation & Licensing:	RL Code - Relating to the regulation of cemetery authorities, cemetery salespeople and preneed sellers of cemetery merchandise.
Regulation & Licensing:	RL Code - Relating to contents of prelicense education programs and courses for real estate licensure.
Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Page 19.
Natural Resources:	Chs. NR 102, 105, 106 and 207 - Relating to surface water quality standards, criteria and their implementation procedures (Great Lakes Initiative).
Transportation:	Ch. Trans 102 - Relating to driver license issuance.
Workforce Development:	Ch. DWD [ILHR] 301 - Relating to migrant labor.
Notice Section.	Pages 21 to 33.
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. Hearing to consider ch. ATCP 77, relating to laboratory certification fees.
Banking (Financial Institutions):	Hearings to consider amendment to s. Bkg 73.01, relating to adjustment service companies.
Health & Family Services:	Health, Chs. HSS 110-- Hearing to consider revision to ch. HSS 136, relating to embalming standards.
Industry, Labor & Human Relations:	Migrant Labor, Ch. ILHR 301-- See notice under Workforce Development.
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Hearing on the emergency rule relating to the 1996 migratory game bird season.
Natural Resources:	Environmental Protection--General, Chs. NR 100-- Environmental Protection--WPDES, Chs. NR 200-- Hearing to consider revisions to chs. NR 102, 105, 106 and 207, relating to surface water quality standards.
Regulation & Licensing:	Hearing to consider ch. RL 130, relating to interior design.
Revenue:	Proposed revision to ch. Tax 11, relating to sales and use tax treatment of motor vehicles.
Transportation:	Hearing to consider revision to ch. Trans 102, relating to driver license issuance. Proposed revision to chs. Trans 325, 326 and 328, relating to motor carrier safety requirements.
Workforce Development:	Migrant Labor, Ch. DWD 301 Hearings to consider revision to ch. DWD [ILHR] 301, relating to migrant labor.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.	Page 34.
Health & Family Services:	(CR 96-120) - S. HSS 146.03
Insurance, Commissioner of:	(CR 96-94) - Chs. Ins 14 and 51
Natural Resources:	(CR 96-39) - Chs. NR 158, 700, 705, 706, 708, 712, 716, 722, 724 and 726
Natural Resources:	(CR 96-72) - S. NR 20.04 (5)
Natural Resources:	(CR 96-96) - S. NR 10.01 (1) (b), (g) and (u)
Natural Resources:	(CR 96-97) - S. NR 20.038
Securities, Division of (Financial Institutions):	(CR 96-128) - S. SEC 2.01 (1) (c) 5 and (d) 5
Transportation:	(CR 96-69) - Ch. Trans 128
Administrative Rules Filed With the Revisor of Statutes Bureau.	Page 35.
Agriculture, Trade & Consumer Protection:	(CR 96-97) - Chs. ATCP 88 and 89
Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors Examining Board:	(CR 96-49) - SS. A-E 3.05, 4.08, 5.04, 6.05, 9.05 and 10.05
Barbering & Cosmetology Examining Board:	(CR 96-1) - S. BC 3.03 (5)
Natural Resources:	(CR 95-99) - S. NR 46.30 (2) (a) to (c)
Natural Resources:	(CR 96-18) - Chs. NR 140, 724 and 726 and ss. NR 700.03 and 722.07
Transportation:	(CR 96-110) - S. Trans 102.22
Workforce Development:	(CR 96-36) - Chs. HSS 201 and 206
Rules Published in this Wis. Adm. Register.	Page 36.
Administration:	(CR 95-233) - Ch. Adm 25
Agriculture, Trade & Consumer Protection:	(CR 95-190) - Ch. ATCP 42
Agriculture, Trade & Consumer Protection:	(CR 96-9) - Ch. ATCP 100
Elections Board:	(CR 96-28) - S. El Bd 1.655
Health & Family Services:	(CR 96-26) - Chs. HFS 34 and 61
Insurance, Commissioner of:	(CR 96-45) - SS. Ins 17.01, 17.26 and 17.28
Medical Examining Board:	(CR 96-27) - S. Med 10.02 (2) (q)
Natural Resources:	(CR 94-183) - Ch. NR 113
Natural Resources:	(CR 95-107) - SS. NR 812.09 and 812.33
Natural Resources:	(CR 95-195) - Ch. NR 48
Natural Resources:	(CR 95-222) - Subch. II and ch. NR 51
Physical Therapists Affiliated Credentialing Board:	(CR 96-52) - S. PT 3.01 (4)
Public Instruction:	(CR 96-59) - Ch. PI 19
Public Instruction:	(CR 96-60) - Ch. PI 3
Public Instruction:	(CR 96-61) - Ch. PI 32
State Fair Park Board:	(CR 94-80) - Chs. SFP 1 to 7
Transportation:	(CR 96-88) - Ch. Trans 107
University of Wisconsin System:	(CR 96-31) - SS. UWS 18.02 and 18.06
Final Regulatory Flexibility Analyses.	Pages 37 to 39.
Administration:	(CR 95-233) - Ch. Adm 25
Agriculture, Trade & Consumer Protection:	(CR 95-190) - Ch. ATCP 42
Agriculture, Trade & Consumer Protection:	(CR 96-9) - Ch. ATCP 100
Elections Board:	(CR 96-28) - S. El Bd 1.655
Health & Family Services:	(CR 96-26) - Ch. HSS 34
Medical Examining Board:	(CR 96-27) - S. Med 10.02 (2) (q)
Natural Resources:	(CR 94-183) - Ch. NR 113
Natural Resources:	(CR 95-107) - Ch. NR 812
Natural Resources:	(CR 95-195) - Ch. NR 48
Natural Resources:	(CR 95-222) - Ch. NR 51
Physical Therapists Affiliated Credentialing Board:	(CR 96-52) - S. PT 3.01 (4)
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
Executive Orders.	Page 40.
Executive Order 293.	Relating to the Removal of James F. Blask as District Attorney of Lincoln County.
Executive Order 294.	Relating to the Amendment of Executive Order #289.
Executive Order 295.	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 the Late Officer Wendolyn Tanner of the Milwaukee Police Department.
Executive Order 296.	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 the Late Corporal Richard G. Parquette of the Bayfield County Sheriff's Department.
Executive Order 297.	Relating to Issuance of General Obligation Bonds for the Veterans Home Loan Program and Appointment of Hearing Officer.

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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 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.