No. 534
Publication Date: June 14, 2000
Effective Date: June 15, 2000
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 12.
Agriculture, Trade and Consumer Protection:
Rules adopted revising ch. ATCP 11, relating to swine import and required tests. [FIRST APPEARANCE]
PECFA, Chs. Comm 46 and 47
Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities.
Rules relating to appeals under the PECFA program.
Employe Trust Funds:
Rules relating to the distribution to annuitants under 1999 Wis. Act 11.
Health & Family Services:
Management, etc., Chs. HFS 1--
Rules relating to caregiver background checks.
Rules relating to family care.
Health & Family Services:
Community Services, Chs. HFS 30-
Rules relating to the adoption assistance program.
Health & Family Services:
Medical Assistance, Chs. HFS 100-108
Rules relating to the medicaid purchase plan.
Natural Resources:
Environmental Protection-General, Chs. NR 100--
Rules relating to river protection grants.
Natural Resources:
Environmental Protection-Investigation & Remediation, Chs. NR 700--
Rules relating to sites contaminated with petroleum products from petroleum storage tanks.
Public Instruction:
Rules relating to the Milwaukee parental school choice program.
Rules relating to alternative education grants.
Rules relating to supplemental aid for school districts with a large area.
Rules relating to state aid for achievement guarantied contracts and aid for debt service.
Rules relating to library system aid payment adjustments.
Rules relating to grants for alcohol and other drug abuse (AODA) programs.
Public Service Commission:
Rules adopted revising ch. PSC 116, relating to the definition of fuel and permissible fuel costs. [FIRST APPEARANCE]
Rules relating to retailer performance program of the Wisconsin Lottery.
Technical College System:
Rules relating to grants for students.
Rules relating to evaluating bids solicited for transit service in a competitive process.
Rule relating to cost-efficiency standards for systems participating in the Urban Mass Transit Operating Assistance Program.
Workforce Development:
Economic Support, Chs. DWD 11-59
Rule relating to W-2 Program disregard of 2000 census income.
Workforce Development:
Prevailing Wage Rates, Chs. DWD 290-294
Rule relating to the annual adjustment of the prevailing wage rate for public works projects.
Scope Statements.
Pages 13 to 14.
Dentistry Examining Board:
DE Code - Relating to retaking an examination, having failed more than three times.
Employe Trust Funds:
S. ETF 10.10 - Relating to clarifying the election procedures to be used to add a new member to the Employe Trust Funds Board as required pursuant to 1999 Wis. Act 181.
Professional Geologists, Hydrologists and Soil Scientists Examining Board:

GHSS Code - Relating to the rules committee.
Hearing and Speech Examining Board:
HAS Code - Relating to examination requirements, definitions and technical corrections.
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:

S. SFC 3.13 - Relating to ratifying rules procedure relating to Clearinghouse Rule 99-002.
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:

SFC Code - Relating to the state jurisprudence examination.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Page 15.
Commerce (Uniform Dwelling, Chs. Comm 20-25):
Chs. Comm 20-25 - Relating to municipal inspection requirements under the Uniform Dwelling Code.
Regulation and Licensing (Real Estate Appraisers Board):
S. RL 86.01 (6) and ch. RL 87, Appendix I - Relating to the 2000 edition of the Uniform Standards of Professional Appraisal Practice (USPAP).
Ch. Trans 276 - Relating to allowing the operation of “double bottoms" (and certain other vehicles) on certain specified highways.
Notices of Hearings or of Proposed Rules.
Pages 16 to 21.
Agriculture, Trade and Consumer Protection:
Hearing to consider emergency rule revision to ch. ATCP 11, relating to swine import and required tests. [Hearing date: 06/29/00]
Uniform Dwelling, Chs. Comm 20-25
Hearings to consider revision to chs. Comm 20-25, relating to municipal inspection. [Hearing dates: 06/28/00 and 06/29/00]
Regulation and Licensing:
Hearing to consider revision to chs. RL 30-35, relating to peace officer firearm permits and firearms proficiency certifiers. [Hearing date: 07/07/00]
Regulation and Licensing:
Hearing to consider the repeal of s. RL 86.01 (6) and revision of ch. RL 87, Appendix I, relating to uniform standards of professional appraisal practice. [Hearing date: 06/28/00]
Hearing to consider revision of ch. Trans 276, relating to the operation of over-sized trucks on certain highways. [Hearing date: 06/29/00]
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 22.
Agriculture, Trade and Consumer Protection:
(CR 99-72) - Ch. ATCP 160
Arts Board:
(CR 00-63) - S. AB 2.09 (5)
Ethics Board:
(CR 00-71) - S. Eth 1.03
Health & Family Services:
(CR 00-1) - Chs. HFS 82, 83, 88, 124 and 131 to 134
Investment Board:
(CR 00-70) - S. IB 2.04
Natural Resources:
(CR 99-109) - SS. NR 216.45, 405.15, 406.08, 408.09
and 411.07 and chs. NR 300 and 400
Natural Resources:
(CR 00-29) - Ch. NR 135
Natural Resources:
(CR 00-31) - Ch. NR 10 and ss. NR 11.02, 11.05,
15.022 and 16.02
Natural Resources:
(CR 00-33) - Chs. NR 20 and 26 and s. NR 22.04
Technical College System Board:
(CR 00-44) - Ch. TCS 16
(CR 00-57) - Chs. Trans 101 to 104 and s. Trans 117.03
(CR 00-68) - S. Trans 131.03 (2) (b)
(CR 00-69) - SS. Trans 325.02 and 326.01 and
ch. Trans 328
(CR 00-77) - S. Trans 276.07 (4)
(CR 00-85) - Ch. Trans 142
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 23.
(CR 97-158) - Chs. DOC 371, 373 to 376, 379 to 381,
383, 392 to 394 and 396 to 399
Crime Victims' Rights Board:
(CR 99-153) - Ch. CVRB 1
Public Instruction:
(CR 99-169) - Ch. PI 44
Public Instruction:
(CR 00-3) - S. PI 6.07
Public Instruction:
(CR 00-4) - SS. PI 40.055 and 40.056
Public Instruction:
(CR 00-5) - Ch. PI 35
Public Instruction:
(CR 00-12) - Ch. PI 32
Public Instruction:
(CR 00-13) - Ch. PI 10
Public Instruction:
(CR 00-14) - Ch. PI 24
Public Service Commission:
(CR 98-27) - Ch. PSC 113
Public Service Commission:
(CR 98-174) - Ch. PSC 100
Public Notice.
Pages 24 to 25.
Public notice of August 1, 2000 effective date for sections of 1997 Wis. Act 84, 1999 Wis. Act 9 and all of 1999 Wis. Act 143.
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.
Agriculture, Trade & Consumer Protection
Rules adopted revising s. ATCP 11.20 and creating ss. ATCP 11.01(11m) and 11.73, relating to swine import and required tests.
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:
  Pseudorabies is a highly contagious disease of swine and other livestock. Wisconsin initiated its pseudorabies program in 1976. Since that time, the department has worked diligently, pork producers have sacrificed significantly and the state has paid substantial costs to eradicate the disease. In 1997, the National Pseudorabies Control Board recognized Wisconsin as a pseudorabies stage IV state. If there are no incidents of pseudorabies in the state before October, 2000, the state will be classified as a pseudorabies stage V state (free of the disease) at that time. Classification as a pseudorabies stage IV or V state creates significant benefits in the swine export market.
  There has been a significant increase in pseudorabies cases reported in several pseudorabies stage II and III states. In the past, Wisconsin pork producers have imported many swine from the pseudorabies stage II and III states which are now experiencing an increase in pseudorabies.
  If pseudorabies spreads to Wisconsin, the Wisconsin pork industry will be hampered in its ability to produce and export swine and pork products.
  The increased prevalence of pseudorabies in states from which Wisconsin import shipments originate creates a substantial threat to the pork industry in Wisconsin. The department finds that an emergency rule is needed to minimize the threat of pseudorabies.
Publication Date:   May 25, 2000
Effective Date:   May 25, 2000
Expiration Date:   October 22, 2000
Hearing Date:   June 29, 2000
[See Notice this Register]
(PECFA - Chs. Comm 46-47)
1.   Rules adopted creating ch. Comm 46, relating to “Petroleum Environmental Cleanup Fund Interagency Responsibilities," and relating to site contaminated with petroleum products from petroleum storage tanks.
Exemption From Finding of Emergency (See section 9110 (3yu) 1999 Wis. Act. 9)
Analysis prepared by the Department of Commerce
Statutory authority: ss. 227.11 (2)(a) and 227.24 and s. 9110       (3yu)(b) of 1999 Wis. Act 9.
Statutes interpreted: ss. 101.143, 101.144, 292.11, and 292.31       and ch. 160
The proposed ch. Comm 46 is identical to ch. NR 746 that is being promulgated by the Department of Natural Resources.
Chapter Comm 46 provides that the Department of Natural Resources has authority for “high-risk sites" and that the Department of Commerce has authority for “low and medium risk sites." The rule requires the Department of Natural Resources to transfer authority for sites with petroleum contamination from petroleum storage tanks to the Department of Commerce once the site is classified, unless the site is classified as a “high-risk site" or the site is contaminated by one or more hazardous substances other than petroleum products discharged from a petroleum storage tank. The rule also establishes procedures for transferring sites from one agency to the other whenever new information relevant to the site classification becomes available.
Chapter Comm 46 also provides jointly developed requirements for:
1. Selecting remedial bids and the setting of remediation targets for sites that are competitively bid or bundled with another site or sites.
2. Determining when sites may close.
3. Determining when remediation by natural attenuation may be approved as the final remedial action for a petroleum-contaminated site.
4.Tracking the achievement of remediation progress and success.
5. Reporting of program activities.
Publication Date:   May 17, 2000
Effective Date:   May 18, 2000
Expiration Date:   September 1, 2000
Hearing Dates:   June 15, July 10 & 12, 2000
2. Rules adopted amending s. Comm 47.53, relating to appeals of decisions issued under the Petroleum Environmental Cleanup Act (PECFA) program.
Finding of Emergency
The Department of Commerce finds that 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:
The department is receiving funds from a bonding initiative to enable it to issue approximately 3,500 decisions on applications for PECFA funding which had been awaiting the availability of funding. Because these decisions will be issued over a very short time frame, parties receiving decisions and law firms representing them, will be required to review and analyze a large volume of decisions to determine whether they wish to appeal specific departmental decisions. Given the large number of decisions and the normal rate of appeals, it is reasonable to expect that the public will be required to prepare and file a large volume of appeals within a short time period. Attorneys, lenders and consultants representing multiple claimants have expressed concern about the workload associated with having to review decisions and draft appeals on the higher volume of decisions issued by the department within the current 30 day window. The emergency rule temporarily expands the filing period from 30 days to 90 days to provide additional time to evaluate decisions and determine whether an appeal should be filed. The rule covers the time period when the highest volume of decisions are to be issued.
Publication Date:   February 15, 2000
Effective Date:   February 15, 2000
Expiration Date:   July 14, 2000
Hearing Date:   March, 27, 2000
Employe Trust Funds
Rules adopted revising s. ETF 20.25 (1), relating to the distribution to annuitants from the transaction amortization account to the annuity reserve under 1999 Wis. Act 11.
Finding of Emergency
The Department of Employe Trust Funds, Employe Trust Fund Board, Teacher Retirement Board and Wisconsin Retirement Board find that an emergency exists and that administrative rules are necessary for the immediate preservation of the public welfare. A statement of the facts constituting the emergency is:
The Public Employe Trust Fund was created for the purpose of helping public employes to protect themselves and their beneficiaries against the financial hardships of old age, disability, death, illness and accident. The Trust Fund thus promotes economy and efficiency in public service by facilitating the attraction and retention of competent employes, by enhancing employe morale, by providing for the orderly and humane departure from service of employes no longer able to perform their duties effectively, and by establishing equitable benefit standards throughout public employment. There are approximately 102,000 annuitants of the Wisconsin Retirement System, of whom about 80% reside throughout the State of Wisconsin. The Department of Employe Trust Funds estimates that up to 7,000 public employes covered by the Wisconsin Retirement System will retire and take annuity benefits effective during 1999.
WRS participants who retire during 1999 are not eligible to have their retirement benefits calculated using the higher formula factors for pre-2000 service which are provided by the treatment of Wis. Stats. 40.23 (2m) (e) 1. through 4. by 1999 Wis. Act 11. Section 27 (b) 2. of the Act directs that any funds allocated to the employer reserve in the Trust Fund as a result of the $4 billion transfer mandated by the Act, which exceed $200,000,000 shall be applied towards funding any liabilities created by using the higher formula factors with respect to pre-2000 service.
If the existing administrative rule mandating proration is not revised, then the distribution of the funds transferred into the annuity reserve by Act s. 27 (1) (a) of 1999 Wis. Act 11 will be prorated with respect to annuities with effective dates after December 31, 1998, and before January 1, 2000. The extraordinary transfer of funds from the Transaction Amortization Account (TAA) mandated by 1999 Wis. 11 causes funds, which would otherwise have remained in the TAA to be recognized and fund annuity dividends in later years, to instead be transferred into the annuity reserve in 1999 and paid out as an annuity dividend effective April 1, 2000. Normally, annuities effective during 1999 would receive only a prorated dividend. If this occurred with respect to this extraordinary distribution, then annuitants with annuity effective dates in 1999 would be deprived of a portion of the earnings of the Public Employe Trust Fund that would otherwise have affected their annuities as of April 1, 2001 and in subsequent years.
Promulgation of an emergency rule is the only available option for revising the effect of Wis. Adm. Code s. ETF 20.25 (1) before December 31, 1999. Accordingly, the Department of Employe Trust Funds, Employe Trust Funds Board, Teacher Retirement Board and Wisconsin Retirement Board conclude that preservation of the public welfare requires placing this administrative rule into effect before the time it could be effective if the Department and Boards were to comply with the scope statement, notice, hearing, legislative review and publication requirements of the statutes.
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.