Register

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Wisconsin

Administrative

Register

No. 523

Publication Date: July 31, 1999

Effective Date: August 1, 1999

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

StatsNewsRelease_A14

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TOC523B

T a b l e o f C o n t e n t s

Emergency Rules Now In Effect.	Pages 5 to 12.
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 adopted affecting ch. Comm 46, relating to interagency responsibilities with PECFA. [FIRST APPEARANCE]
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.
Employment Relations Commission:	Rules relating to calculation of minimum qualified economic offers for school district employes.
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:	Medical Assistance, Chs. HFS 100-108 Rules adopted revising chs. HFS 101 to 103 and 108, relating to operation of the BadgerCare health insurance program. [FIRST APPEARANCE] Rule adopted amending s. HFS 105.39 (4) (b) 3., relating to certification of specialized medical vehicle providers. [FIRST APPEARANCE]
Health & Family Services:	Health, Chs. HSS/HFS 110- Rules relating to the Health Insurance Risk-Sharing Plan. Rules adopted revising ch. HFS 119, relating to the Health Insurance Risk-Sharing Plan (HIRSP). [FIRST APPEARANCE]
Insurance, Commissioner of:	Rules relating to Patients Compensation and Mediation Fund fees.
Natural Resources:	See emergency rules relating to Comm 46.
Natural Resources:	Environmental Protection-Water Regulation, Chs. NR 300- Rules relating to determination of navigability in farm ditches. Rules adopted creating ch. NR 328, relating to ski jumps and platforms. [FIRST APPEARANCE]
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 criminal record background checks in day care.
Scope Statements.	Page 13.
Commerce:	Ch. Comm 30 - Relating to fire department safety and health.
Transportation:	Ch. Trans 252 - Relating to escort vehicles.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 14 to 16.
Employment Relations, Department of:	ER Code - Relating to reinstatement eligibility and restoration of sick leave for state employes, other related time periods for state personnel transactions, and minor and technical rule changes.
Employment Relations--Division of Merit Recruitment & Selection:	ER-MRS Code - Relating to reinstatement eligibility and employment register expiration for state employment and minor and technical rule changes.
Health and Family Services:	Chs. HFS 101-103 and 108 - Relating to the BadgerCare health insurance program.
Health and Family Services:	S. HFS 105.39 (4) (b) 3. - Relating to refresher training in cardiopulmonary resuscitation and first aid for drivers of specialized medical vehicles under the Medical Assistance program.
Health and Family Services:	SS. HFS 119.07 (6) and 119.15 - Relating to operation of the Health Insurance Risk-Sharing Plan (HIRSP).
Natural Resources:	Ch. NR 140 - Relating to groundwater standards for toluene and xylene.
Natural Resources:	Chs. NR 216, 300, 400, 405, 406, 408 and 411 - Relating to the fee refund or permit guarantee program required by s. 299.05, Stats.
Nursing Home Administrator Examining Board:	NHA Code - Relating to experience and reciprocity.
Transportation:	Ch. Trans 134 - Relating to registration plates for authorized special groups.
Notices of Hearings or of Proposed Rules.	Pages 17 to 23.
Employment Relations, Department of:	Hearing to consider rules relating to reinstatement eligibility and restoration of sick leave for state employes.
Employment Relations--Division of Merit Recruitment & Selection:	Hearing to consider rules relating to reinstatement eligibility and employment register expiration for state employment.
Financial Institutions--Division of Securities:	Hearing to consider rules relating to the operation of ch. 551, Stats., the Wisconsin Uniform Securities Law.
Law Enforcement Standards Board:	Hearings to consider revision to chs. LES 1 and 3, relating to model, voluntary standards for law enforcement vehicular pursuits.
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Hearings to consider amendment of s. NR 20.12 (1), relating to marking and tagging of set or bank poles in inland waters.
Natural Resources:	Environmental Protection--General, Chs. NR 100-- Hearings to consider revisions to ss. NR 140.10 and 140.28, relating to groundwater quality standards and limits for toluene and xylene.
Nursing Home Administrator Examining Board:	Hearing to consider revisions to ss. NHA 1.02, 4.01 and 4.03, relating to experience and reciprocity.
Transportation:	Hearing to consider ch. Trans 134, relating to authorized special groups.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 24.
Commerce:	(CR 98-83) - Chs. Comm 83, 85 and 91
Commerce:	(CR 99-48) - Ch. Comm 14
Commerce:	(CR 99-65) - Chs. Comm 11, 12, 13 and 43
Dentistry Examining Board:	(CR 99-16) - Ch. DE 7
Pharmacy Examining Board:	(CR 98-90) - SS. Phar 7.01, 7.08, 8.06, 8.07 and 8.09
Workforce Development:	(CR 98-205) - Ch. DWD 56
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 25.
Agriculture, Trade and Consumer Protection:	(CR 98-159) - Ch. ATCP 139
Financial Institutions--Banking:	(CR 99-58) - Ch. DFI-Bkg 4
Financial Institutions--Banking:	(CR 99-59) - Ch. DFI-Bkg 6
Financial Institutions--Banking:	(CR 99-60) - Ch. DFI-Bkg 7
Financial Institutions--Securities:	(CR 99-61) - S. DFI-Sec 2.01 (1) (c) 6. and (d) 6.
Health and Family Services:	(CR 99-4) - SS. HFS 119.07 and 119.15
Rules Published in this Wisconsin Administrative Register.	Page 26.
Agriculture, Trade and Consumer Protection:	(CR 98-117) - Ch. ATCP 127
Chiropractic Examining Board:	(CR 98-141) - S. Chir 4.05 (2) (f), (g) and (h)
Corrections:	(CR 99-15) - Ch. DOC 330
Employe Trust Funds:	(CR 99-27) - SS. ETF 10.01, 10.03, 11.02, 20.35 and 50.30
Funeral Directors Examining Board:	(CR 99-8) - S. FD 6.10
Health and 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
Natural Resources:	(CR 98-177) - SS. NR 25.05, 25.07 and 25.08
Public Service Commission:	(CR 99-53) - S. PSC 132.02 (3)
Regulation and Licensing:	(CR 98-135) - Chs. RL 120 to 126
Regulation and Licensing:	(CR 98-175) - Chs. RL 131 to 135
Transportation:	(CR 99-37) - Ch. Trans 212
Transportation:	(CR 99-49) - SS. Trans 276.07 and 276.09
Workforce Development:	(CR 98-130) - Chs. HSS 80 and 81, DWD 40, 41 and 43
Workforce Development:	(CR 98-204) - Chs. HFS 55 and DWD 55
Sections Affected by Rule Revisions and Corrections.	Pages 27 to 28.
REVISIONS
Agriculture, Trade and Consumer Protection:	Ch. ATCP 127
Chiropractic Examining Board:	Ch. Chir 4
Corrections:	Ch. DOC 330
Employe Trust Funds:	Chs. ETF 10, 11, 20 and 50
Funeral Directors Examining Board:	Ch. FD 6
Health and Family Services (Community Services, Chs. HFS 30--):	Chs. HFS 55, 80 and 81
Health and Family Services (Health, Chs. HFS 110--):	Ch. HFS 114
Insurance, Commissioner of:	Chs. Ins 3 and 16
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Ch. NR 25
Public Service Commission:	Ch. PSC 132
Regulation and Licensing:	Chs. RL 120 to 126 and 131 to 135
Transportation:	Chs. Trans 212 and 276
Workforce Development:	Chs. DWD 40, 41, 43 and 55
EDITORIAL CORRECTIONS
Administration:	Chs. Adm 35 and 50
Dietitians Affiliated Credentialing Board:	Ch. DI 5
Employe Trust Funds:	Chs. ETF 10, 20 and 60
Health and Family Services (Community Services, Chs. HFS 30--):	Ch. HFS 55
Health and Family Services (Health, Chs. HFS 110--):	Chs. HFS 113 and 133
Insurance, Commissioner of:	Ch. Ins 3
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Ch. NR 25
Workforce Development:	Ch. DWD 41
Final Regulatory Flexibility Analyses.	Pages 29 to 32.
1. Agriculture, Trade and Consumer Protection:	(CR 98-117) - Ch. ATCP 127
2. Chiropractic Examining Board:	(CR 98-141) - S. Chir 4.05
3. Corrections:	(CR 99-15) - Ch. DOC 330
4. Employe Trust Funds:	(CR 99-27) - SS. ETF 10.01, 10.03, 11.02, 20.35 and 50.30
5. Funeral Directors Examining Board:	(CR 99-8) - S. FD 6.10
6. Health and Family Services:	(CR 99-20) - Ch. HFS 114
7. Insurance, Commissioner of:	(CR 99-13) - S. Ins 3.39
8. Insurance, Commissioner of:	(CR 99-34) - S. Ins 16.01
9. Natural Resources:	(CR 98-177) - Ch. NR 25
10. Public Service Commission:	(CR 99-53) - S. PSC 132.02
11. Regulation and Licensing:	(CR 98-135) - Chs. RL 120 to 126
12. Regulation and Licensing:	(CR 98-175) - Chs. RL 131 to 135
13. Transportation:	(CR 99-37) - Ch. Trans 212
14. Transportation:	(CR 99-49) - Ch. Trans 276
15. Workforce Development:	(CR 98-130) - Chs. HSS 80 and 81, DWD 40, 41 and 43
16. Workforce Development:	(CR 98-204) - Chs. HFS 55 and DWD 55
Action by the Joint Committee for Review of Administrative Rules.	Page 33.
Natural Resources (Env. Prot.--Water Regulation, Chs. NR 300--):	Carried unanimously, pursuant to s. 227.19 (1) (b) 4., Stats., the Joint Committee for Review of Administrative Rules (JCRAR) suspend ch. NR 328, effective July 5, 1999.

emer523B

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: