Wisconsin
Administrative
Register
No. 522
Publication Date: June 30, 1999
Effective Date: July 1, 1999
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
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T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 7 to 14.
Agriculture, Trade and Consumer Protection:
Rule relating to drug residues in raw milk.
Rules relating to security of dairy plant payments to milk producers.
Commerce:
Flammable and Combustible Liquids, Ch. Comm 10
Rules relating to storage tanks.
Commerce:
PECFA Interagency Responsibilities, Ch. Comm 46
Rules relating to interagency responsibilities with PECFA.
Commerce:
Resources for Communities, etc., Chs. Comm 105-128
Rules relating to volume cap on tax-exempt private activity bonds.
Rules relating to the Wisconsin Development Zone Program.
Corrections:
Rules relating to chemical castration of child sex offenders.
Emergency Response Board:
Rule adopted relating to reporting requirements for fuel present at 10,000 pounds or more at gas stations.
Employment Relations Commission:
Rules adopted revising ch. ERC 33, Appendix C, relating to calculation of minimum qualified economic offers for school district employes. [FIRST APPEARANCE]
Financial Institutions:
Securities
Rules relating to alternative accounting guidelines.
Geologists, Hydrologists & Soil Scientists Examining Board:
Rules relating to registration and regulation of geologists, hydrologists and soil scientists.
Health & Family Services:
Community Services, Chs. HSS/HFS 30-
See emergency rules relating to ch. DWD 55.
Health & Family Services:
Health, Chs. HSS/HFS 110-
Rules relating to the Health Insurance Risk-Sharing Plan.
Rules adopted relating to neonatal intensive care training grants.
Insurance, Commissioner of:
Rules adopted relating to guarantee issue eligibility for Medicare Supplement insurance.
Rules adopted revising ch. Ins 17, relating to Patients Compensation and Mediation Fund fees. [FIRST APPEARANCE]
Natural Resources:
See also emergency rules relating to Comm 46.
Fish, Game, etc., Chs. NR 1-
Rules relating to special closure of sturgeon spearing season.
Natural Resources:
Environmental Protection-Water Regulation,
Chs. NR 300-
Rules relating to determination of navigability in farm ditches.
Public Service Commission:
Rules relating to small generating plants.
Rules relating to standards for water and sewer service in mobile home parks.
Revenue:
Rule adopted relating to the sales and use tax treatment of machinery and equipment used in waste reduction and recycling activities.
Workforce Development:
Economic Support, Chs. DWD 11 to 59
Rules relating to background checks for day care providers.
Rules relating to criminal record background checks in day care.
Scope Statements.
Pages 15 to 18.
Commerce:
Ch. Comm 8 - Relating to mines, pits and quarries.
Commerce:
Ch. Comm 14 - Relating to fireworks.
Commerce:
Ch. Comm 46 - Relating to the Petroleum Environmental Cleanup Fund (PECFA) interagency responsibilities.
Natural Resources:
NR Code - Relating to approval of a Wisconsin Grey Wolf Management Plan.
Natural Resources:
NR Code - Relating to reviewing current policies, guidance and rules to identify methods of improving the process by which contaminated sites with both R&R and Waste issues are addressed.
Public Service Commission:
PSC Code - Relating to public utility access to and utilization of municipally-owned rights-of-way.
Public Service Commission:
Ch. PSC 165 - Relating to consumer protection for telephone customers.
Revenue:
SS. Tax 11.34, 11.35, 11.39, 11.535 and 11.79 - Relating to occasional sales of business assets, occasional sales by nonprofit organizations, manufacturing, operators of swap meets or similar events and leases of highway vehicles and equipment.
Revenue:
S. Tax 11.96 - Relating to delivery of an ordinance to adopt or repeal a county or premier resort area tax.
Transportation:
Ch. Trans 100 - Relating to the incorporation of the significant changes in the financial responsibility laws mandated by 1997 Wis. Act 84.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 19 to 20.
Dentistry Examining Board:
DE Code - Relating to the oral systemic premedications and subgingival sustained release chemotherapeutic agents that may be administered by a licensed dental hygienist.
Medical Examining Board:
Med Code - Relating to the repeal of rules relating to the practice of podiatry.
Natural Resources:
Ch. NR 10 - Relating to the 1999 migratory game bird season.
Natural Resources:
S. NR 20.12 - Relating to set and bank pole marking.
Natural Resources:
Chs. NR 716, 720, 722, 726 and 746 - Relating to sites contaminated with petroleum products from petroleum storage tanks.
Natural Resources:
S. NR 812.05 - Relating to grouting practices used for private wells by construction trades.
Revenue:
S. Tax 11.64 - Relating to background music and other cable television system services.
Revenue:
S. Tax 11.66- Relating to telecommunications services.
Notices of Hearings or of Proposed Rules.
Pages 21 to 25.
Commerce:
PECFA
See notice under Natural Resources.
Health and Family Services:
Hearing to consider a revision to ch. HFS 115, relating to screening of newborn children for congenital and metabolic disorders.
Medical Examining Board:
Proposed revision to ch. Med 13, relating to deleting references to podiatrists in the Med Code.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearings to consider revision to ch. NR 10, relating to the 1999 migratory game bird season.
Natural Resources:
Environmental Protection--Investigation and Remediation, Chs. NR 700--
Hearings to consider chs. Comm 46 and NR 746 and revisions to chs. NR 716, 720, 722 and 726, relating to sites contaminated with petroleum products.
Natural Resources:
Environmental Protection--Water Supply, Chs. NR 800--
Hearings to consider amendment to s. NR 812.05, relating to disposal of pollutants, injection prohibited in wells.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 26.
Commerce:
(CR 99-29) - Ch. Comm 7
Commerce:
(CR 99-50) - Chs. Comm 16 and 17
Commerce:
(CR 99-75) - Chs. Comm 112
Natural Resources:
(CR 99-23) - Ch. NR 20 and ss. NR 21.04, 23.05
and 26.26
Natural Resources:
(CR 99-24) - Chs. NR 10 and 15 and s. NR 27.03
Natural Resources:
(CR 99-42) - Ch. NR 10 and ss. NR 15.03 and 19.07
Public Service Commission:
(CR 99-3) - Ch. PSC 135
Revenue:
(CR 99-11) - SS. Tax 11.14 and 11.53
Revenue:
(CR 99-26) - SS. Tax 11.26, 11.32, 11.41 and 11.83
Revenue:
(CR 99-62) - S. Tax 11.33 (4) (a) and (g)
Social Workers, Marriage & Family Therapists & Professional Counselors Examining Board:

(CR 99-2) - S. SFC 3.13
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 27.
Agriculture, Trade and Consumer Protection:
(CR 98-117) - Ch. ATCP 127
Employe Trust Funds:
(CR 99-27) - SS. ETF 10.01, 10.03, 11.02, 20.35
and 50.30
Health & Family Services:
(CR 99-20) - Ch. HFS 114
Insurance, Commissioner of:
(CR 99-13) - S. Ins 3.39 (34) (b)
Insurance, Commissioner of:
(CR 99-34) - S. Ins 16.01
Public Service Commission:
(CR 99-53) - S. PSC 132.02 (3)
Transportation:
(CR 99-49) - SS. Trans 276.07 and 276.09
Workforce Development:
(CR 98-130) - Chs. HSS 80 to 81 and DWD 40 to 41
and DWD 43
Workforce Development:
(CR 98-204) - Chs. HFS 55 and DWD 55
Rules Published in this Wis. Adm. Register.
Page 28.
Agriculture, Trade and Consumer Protection:
(CR 98-154) - Chs. ATCP 1, 2, 40, 42, 45, 50 and 161
and Jus 2 and ss. ATCP 92.05, 100.93,
109.03 and 121.01
Commerce:
(CR 98-207) - Ch. Comm 90
Corrections:
(CR 98-193) - Ch. DOC 349
Corrections:
(CR 98-208) - S. DOC 328.21 (3) and (7) (intro.)
Financial Institutions--Banking:
(CR 99-12) - Chs. DFI-Bkg 41 and RL 41
Health and Family Services:
(CR 98-188) - Chs. HSS 129 and HFS 13
Health and Family Services:
(CR 98-191) - Ch. HFS 12
Insurance, Commissioner of:
(CR 99-14) - S. Ins 2.80
Natural Resources:
(CR 98-92) - SS. NR 10.104 and 10.28
Psychology Examining Board:
(CR 98-206) - Chs. Psy 1 to 5
Public Defender:
(CR 99-33) - S. PD 6.04 (5)
Public Instruction:
(CR 98-164) - S. PI 3.03 (6) (b) 3.
Revenue:
(CR 98-144) - SS. Tax 11.19 and 11.70
Revenue:
(CR 98-171) - S. Tax 11.68
Sections Affected by Rule Revisions and Corrections.
Pages 29 to 32.
Revisions
Agriculture, Trade and Consumer Protection:
Chs. ATCP 1, 2, 40, 42, 45, 50, 92, 109, 118, 121, 134
and 161
Commerce (Public Swimming Pools, Ch. Comm 90--):
Ch. Comm 90
Corrections:
Chs. DOC 328 and 349
Financial Institutions--Banking:
Ch. DFI-Bkg 41
Health and Family Services (Management & Technology, etc., Chs. HFS 1--):

Chs. HFS 12 and 13
Health and Family Services (Health, Chs. HFS 110--):
Ch. HFS 129
Insurance, Commissioner of:
Ch. Ins 2
Justice, Dept. of:
Ch. Jus 2
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Chs. NR 10 and 23
Public Defender:
Ch. PD 6
Public Instruction:
Ch. PI 3
Psychology Examining Board:
Chs. Psy 1 to 5
Regulation and Licensing:
Chs. RL 40 to 43
Revenue:
Ch. Tax 11
Corrections
Agriculture, Trade and Consumer Protection:
Chs. ATCP 40, 50, 92, 122, 134 and 161
Commerce (Public Swimming Pools, Ch. Comm 90--):
Ch. Comm 90
Corrections:
Chs. DOC 328, 348, 349 and 350
Financial Institutions--Banking:
Chs. DFI-Bkg 40, 42 and 43
Health and Family Services (Management & Technology, etc., Chs. HFS 1--):

Ch. HFS 15
Health and Family Services (Community Services, Chs. HFS 30--):
Chs. HFS 52, 53 and 54
Health and Family Services (Health, Chs. HFS 110--):
Ch. HFS 129
Insurance, Commissioner of:
Ch. Ins 2
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Chs. NR 10 and 23
Public Instruction:
Chs. PI 1, 2 and 13
Psychology Examining Board:
Ch. Psy 2
Errata
Agriculture, Trade and Consumer Protection:
Ch. ATCP 100
Final Regulatory Flexibility Analyses.
Pages 33 to 35.
1. Agriculture, Trade and Consumer Protection:
(CR 98-154) - ATCP Code and ch. Jus 2
2. Commerce:
(CR 98-207) - Ch. Comm 90
3. Corrections:
(CR 98-208) - S. DOC 328.21
4. Corrections:
(CR 98-193) - Ch. DOC 349
5. Financial Institutions--Banking:
(CR 99-12) - Chs. DFI-Bkg 41 and RL 41
6. Health and Family Services:
(CR 98-191) - Ch. HFS 12
7. Health and Family Services:
(CR 98-188) - Chs. HSS 129 and HFS 13
8. Insurance, Commissioner of:
(CR 99-14) - S. Ins 2.80
9. Natural Resources:
(CR 98-92) - SS. NR 10.104 and 10.28
10. Psychology Examining Board:
(CR 98-206) - Chs. Psy 1 to 5
11. Public Defender:
(CR 99-33) - S. PD 6.04 (5)
12. Public Instruction:
(CR 98-164) - S. PI 3.03 (6) (b) 3.
13. Revenue:
(CR 98-171) - S. Tax 11.68
14. Revenue:
(CR 98-144) - SS. Tax 11.19 and 11.70
Executive Orders.
Page 36.
Executive Order #370:
Relating to the Appointment of a Hearing Officer.
Executive Order #371:
Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff on Memorial Day.
Public Notices.
Pages 37 to 43.
Health and Family Services:
Public notice relating to Medical Assistance reimbursement of hospitals.
Health and Family Services:
Public notice relating to Medical Assistance reimbursement for non-institutional providers of services: state of Wisconsin Medicaid payment plan for FY 1999-2000 and 2000-2001.
Health and Family Services:
Public notice relating to Medical Assistance reimbursement for dental services: state of Wisconsin Medicaid payment plan for FY 1999-2000 and 2000-2001.
Health and Family Services:
Public notice relating to Medical Assistance reimbursement for personal care services: state of Wisconsin Medicaid payment plan for FY 1999-2000 and 2000-2001.
Health and Family Services:
Public notice relating to Medical Assistance reimbursement of nursing homes: state of Wisconsin Medicaid nursing facility payment plan for FY 1999-2000.
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)
Agriculture, Trade & Consumer Protection
1.   Rules were adopted amending s. ATCP 60.19 (3) and (4), relating to drug residues in raw milk.
Finding of Emergency
The state of Wisconsin department of agriculture, trade and consumer protection (DATCP) finds that an emergency exists and that the following emergency rule is necessary to protect public health, safety and welfare. The facts constituting the emergency are as follows:
(1) Milk from Wisconsin dairy farms may not contain drug residues. Current rules under ch. ATCP 60, Wis. Adm. Code, require every dairy plant operator to perform a drug residue screening test on every bulk load of raw milk received by that operator. If the bulk load tests positive for any drug residue, the operator must test a milk sample from each producer milk shipment included in that bulk load. Current rules do not require a dairy plant operator to perform a confirmatory test if a producer sample tests positive on an initial test.
(2) If a producer sample tests positive for drug residue, the dairy plant operator may hold that producer financially responsible for contaminating the bulk load. In some cases, the cost of a contaminated tanker load of milk may be $5,000 or more. The department may also take enforcement action against the milk producer. Enforcement may result in financial penalties or suspension of the milk producer's license.
(3) In several enforcement actions, producers have argued that dairy plant drug residue tests were inaccurate. Producers claimed that there was no confirmatory testing, and no opportunity to confirm the accuracy of the dairy plant operator's test findings. Inaccurate findings may unfairly penalize affected producers, and result in severe financial losses to those producers. The lack of a confirmatory test aggravates conflicts between dairy plant operators and milk producers.
(4) Confirmatory testing of test-positive producer samples would provide greater assurance of fairness for milk producers, and would help avoid conflicts between dairy plant operators and producers. Dairy plant operators can perform confirmatory tests at reasonable cost. An emergency rule requiring confirmatory testing of producer samples is necessary to protect milk producers, and to promote the efficient operation and economic well-being of Wisconsin's dairy industry.
(5) Confirmatory testing of test-positive producer samples will enhance, and not reduce, the safety of Wisconsin milk supplies. Dairy plant operators will still be required to test bulk tanker loads of milk, and dispose of tanker loads that test positive for drug residues.
(6) This emergency rule will strengthen public health protection by requiring dairy plant operators to dispose of contaminated loads, or denature contaminated loads before transferring them to the custody of another person. Denaturing ensures that persons receiving custody of contaminated loads will not redirect them to human food use.
(7) Pending the adoption of rules according to normal administrative rulemaking procedures, it is necessary to adopt this emergency rule to do both of the following:
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