No. 490
Publication Date: October 14, 1996
Effective Date: October 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 14.
Agriculture, Trade & Consumer Protection:
Rules relating to animal health.
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 (Workforce Development):
Economic Support, Chs. HSS 200--
Rules relating to the pay for performance program.
Rules adopted creating s. HSS 201.135, relating to time limits on benefits for AFDC recipients in the Job Opportunities and Basic Skills (JOBS) program. [FIRST APPEARANCE]
Industry, Labor & Human Relations (Commerce):
Uniform Dwellings, Chs. ILHR 20-25
Rules relating to dwellings constructed in flood hazard zones.
Industry, Labor & Human Relations (Commerce):
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.
Insurance, Commissioner of:
Rules adopted revising s. Ins 18.07 (5) (b), relating to premium rates for the Health Insurance Risk-Sharing Plan (HIRSP). [FIRST APPEARANCE]
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.
Rules adopted amending s. NR 25.05 (1) (e), relating to fishing for yellow perch in Lake Michigan. [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.
Rules relating to transportation of garbage or refuse permits.
Scope Statements.
Pages 15 to 18.
DOC Code - Relating to inmate mail.
Chs. DOC 370 and 380 - Relating to juvenile justice functions transferred to the Department by ch. 938, Stats.
Hearing & Speech Examining Board:
HAS Code - Relating to the grounds for discipline for individuals who are credentialed as speech-language pathologists and audiologists.
Insurance, Commissioner of:
S. Ins 8.40 - Relating to small employer health insurance.
Insurance, Commissioner of:
SS. Ins 17.01 (3), 17.28 (3) (c) 1., 17.28 (6) and
17.28 (6e) - Relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 1997.
Natural Resources:
Ch. NR 120 - Relating to nonpoint source pollution.
Natural Resources:
Ch. NR 140 - Relating to amendments to ch. NR 140, pertaining to groundwater quality standards.
Natural Resources:
SS. NR 809.21, 809.54 and 809.72 - Relating to Safe Drinking Water Act requirements.
Physical Therapists Affiliated Credentialing Board:
PT Code - Relating to passing scores for physical therapist examinations.
Ch. Trans 305 - Relating to motor vehicle equipment standards.
Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Page 19.
Health & Family Services:
Chs. HSS 105 and 107 - Relating to Medical Assistance (MA): medically unnecessary services.
Insurance, Commissioner of:
S. Ins 18.07 (5) (b) - Relating to a decrease in 1996-7 premium rates for the Health Insurance Risk-Sharing Plan (HIRSP).
Ch. Trans 269 - Relating to the transportation of garbage or refuse permits.
Notice Section.
Pages 21 to 27.
Emergency Response Board:
Hearings to consider ch. ERB 6, relating to reimbursement procedures for regional and local hazardous materials response teams.
Health & Family Services:
Medical Assistance, Chs. HSS 100--
Hearing to consider revision to chs. HSS 105 and 107, relating to elimination of services that are medically unnecessary.
Health & Family Services [Workforce Development]:
Economic Support, Chs. HSS 200--
Hearing to consider s. HSS 201.135, relating to time limited benefits for Aid to Families with Dependent Children (AFDC) recipients.
Insurance, Commissioner of:
Hearing to consider revision to s. Ins 18.07 (5) (b), relating to premium rates for the Health Insurance Risk-Sharing Plan (HIRSP).
Public Defender:
Hearing to consider repeal of s. PD 3.04, relating to partial indigency.
Hearing to consider amendment of s. PD 6.05, relating to reimbursement from parents of juveniles.
Hearing to consider amendment to s. Trans 269.11, relating to transportation of garbage or refuse permits.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.

Page 28.
Agriculture, Trade & Consumer Protection:
(CR 96-71) - Chs. ATCP 10, 11 and 12
Employe Trust Funds:
(CR 96-125) - S. ETF 10.75
Employe Trust Funds:
(CR 96-126) - SS. ETF 20.04 (4), 20.07 and 60.53
Employe Trust Funds:
(CR 96-137) - SS. ETF 10.01, 20.14, 20.15 and 20.16
Health & Family Services:
(CR 96-103) - Chs. HSS 124, 132 and 134
(CR 96-83) - S. Tax 11.95
(CR 96-91) - SS. Tax 11.28, 11.46, 11.51 and 11.87
Administrative Rules Filed With the Revisor of Statutes Bureau.

Page 29.
Financial Institutions-Banking:
(CR 96-67) - SS. Bkg 76.01, 76.03, 76.04 and 76.14
Financial Institutions-Banking:
(CR 96-68) - S. Bkg 80.25
Natural Resources:
(CR 96-21) - SS. NR 149.22 and 219.04, Table A
Natural Resources:
(CR 96-73) - SS. NR 200.06, 200.07 and 205.07
Nursing, Board of:
(CR 95-187) - S. N 8.08
Public Defender:
(CR 96-101) - S. PD 3.039
Public Defender:
(CR 96-102) - S. PD 2.03 (4), (5) and (8)
Public Notice.
Page 30.
Natural Resources:
Environmental Protection--Water Supply,
Chs. NR 800--

Notice of suspension of an administrative rule, affecting s. NR 812.31 (2) (b) in part.
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
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
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
Health and Social Services
(Community Services, Chs. HSS 30--)
1.   Rules were adopted revising ss. HSS 55.70 to 55.76, relating to administration of child care funds.
Exemption From Finding of Emergency
The Legislature in s. 275 (2) of 1995 Wis. Act 289 directed the Department to promulgate rules relating to public assistance required under chs. 46, 48 and 49, Stats., as affected by the Acts of 1995, before July 1, 1996, for the period before permanent rules take effect, by using emergency rulemaking procedures but without having to make a finding of emergency. These are public assistance-related rules. They are for administration of health care funds. They will take effect on July 1, 1996.
The Department's rules for county agency, tribal agency and other child care administrative agency administration of funds for child day care under s. 46.98, Stats., are revised by this order to bring the rules into compliance with statute changes made by 1995 Wis. Acts 27 and 289 and changes in federal regulations, including federal regulations for child care and development block grant funding, 45 CFR Parts 98 and 99, and at-risk child care, 45 CFR Part 257, since the rules were last revised in late 1991; to made policies relating to eligibility for low-income child care more like child care eligibility policies under the Job Opportunities and Basic Skills (JOBS) training program under 42 USC 682 and s. 49.193, Stats.; to prevent and deal with fraud; and to clarify the applicability of certain policies.
Key changes are the following:
  1. Income Eligibility
Income eligibility for low income child care is changed to be in compliance with changes made in s. 46.98 (4), Stats., by Act 289.
  2. Costs Charged to Parents
Parent co-payment responsibilities are revised to be those established in state law based on family income and the cost of care.
  3. Eligibility for Parents in Training or Educational Programs
Parent eligibility to received low-income child care funds when the parents are in training or educational programs is modified so that only parents under 20 years of age enrolled in high school or an equivalent program are eligible, in compliance with Act 289 changes in the statutes.
  4. Loss of Eligibility
A local agency is permitted to determine that a parent is no longer eligible for child care funds if the parent fails to make required co-payments or provides false information to the agency about income or other matters affecting eligibility.
  5. Recovery of Funds
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.