No. 534
Publication Date: June 30, 2000
Effective Date: July 1, 2000
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:
Rules relating to swine import and required tests.
Commerce:
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.
Insurance, Commissioner of:
Rules adopted revising ch. Ins 17, relating to patients compensation fund and mediation fund fees. [FIRST APPEARANCE]
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 relating to the definition of fuel and permissible fuel costs.
Revenue:
Rules relating to retailer performance program of the Wisconsin Lottery.
Technical College System:
Rules relating to grants for students.
Transportation:
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 15 to 16.
Commerce:
Ch. Comm 32 - Relating to public employee safety and health.
Insurance, Commissioner of:
Ch. Ins 18 - Relating to independent review organizations.
Natural Resources (Environmental Protection--Water Supply, Chs. NR 800--):

Ch. NR 809 - Relating to safe drinking water.
Optometry Examining Board:
Opt Code - Relating to requirements relating to the use of laser procedures by optometrists.
Transportation:
Ch. Trans 203 - Relating to setting forth provisions regarding the method counties and municipalities will use to assess the physical condition of highways.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 17 to 18.
Agriculture, Trade and Consumer Protection:
Ch. ATCP 136 - Relating to ozone-depleting refrigerants in mobile air conditioners.
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Ch. NR 10 - Relating to the 2000 migratory game bird hunting season.
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Ch. NR 25 - Relating to commercial fishing for chubs on Lake Michigan.
Natural Resources (Environmental Protection--Air Pollution Control, Chs. NR 400--):

Chs. NR 406, 407, 419, 422 and 484 - Relating to control of organic compound emissions from autobody refinishing operations.
Pharmacy Examining Board:
S. Phar 8.05 - Relating to the dispensing of controlled substances.
Regulation and Licensing:
SS. RL 121.025, 125.03, 126.02 and 126.03 - Relating to the regulation of auctioneers and auction companies.
Regulation and Licensing:
Chs. RL 17 and 24 and s. RL 25.05 - Relating to real estate education requirements.
Regulation and Licensing:
Chs. RL 30 to 35 - Relating to peace officers, causes for denial, firearms permits, and firearms proficiency certifiers.
Notices of Hearings or of Proposed Rules.
Pages 19 to 26.
Agriculture, Trade and Consumer Protection:
Hearings to consider revision to ch. ATCP 136, relating to reclaiming and recycling refrigerant for mobile air conditioners. [Hearing dates: 07/12/00, 07/14/00, 07/18/00, 07/24/00 and 07/26/00]
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearings to consider revision to ch. NR 10, relating to the 2000 migratory game bird season. [Hearing dates: 08/07/00, 08/08/00, 08/09/00 and 08/10/00]
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearings to consider revision to ss. NR 25.02 and 25.05, relating to commercial fishing for chubs in Lake Michigan. [Hearing date: 07/14/00]
Natural Resources:
Environmental Protection--Air Pollution Control, Chs. NR 400--
Hearings to consider revision to chs. NR 406, 407, 419, 422 and 484, relating to control of organic compound emissions from autobody refinishing operations. [Hearing dates: 08/01/00 and 08/02/00]
Pharmacy Examining Board:
Hearing to consider revision to s. Phar 8.05, relating to the dispensing of controlled substances. [Hearing date: 07/11/00]
Regulation and Licensing:
Hearing to consider revision to chs. RL 17, 24 and 25, relating to real estate education requirements. [Hearing date: 07/27/00]
Regulation and Licensing:
Hearing to consider revision to chs. RL 121, 125 and 126, relating to auctioneers and auction companies. [Hearing date: 07/24/00]
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 27.
Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors Examining Board:

(CR 00-50) - SS. A-E 2.02, 4.05, 6.04 and 6.05
Commerce:
(CR 00-38) - Ch. Comm 43
Professional Geologists, Hydrologists and Soil Scientists Examining Board:

(CR 00-64) - SS. GHSS 2.06, 3.05 and 4.05
Health & Family Services:
(CR 00-52) - Ch. HFS 12
Health & Family Services:
(CR 00-55) - Chs. HFS 10, 68, 82, 83, 88, 89, 105, 107,
124, 132 and 134
Insurance, Commissioner of:
(CR 00-40) - S. Ins 6.59
Pharmacy Examining Board:
(CR 00-49) - S. Phar 7.05
Transportation:
(CR 00-15) - Chs. Trans 4 and 8
Transportation:
(CR 00-72) - SS. Trans 327.03 and 327.09
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 28.
Controlled Substances Board:
(CR 99-125) - S. CSB 2.25
Corrections:
(CR 97-13) - SS. DOC 303.75, 303.76 and 303.81
Employe Trust Funds:
(CR 99-156) - S. ETF 10.63
Employment Relations--Merit Recruitment and Selection:
(CR 99-167) - SS. ER-MRS 6.08 and 11.04
Health and Family Services:
(CR 99-28) - Chs. HFS 61, 62 and 75
Health and Family Services:
(CR 99-161) - Ch. HFS 50
Insurance, Commissioner of:
(CR 00-6) - S. Ins 3.09 (19)
Revenue:
(CR 00-16) - Ch. Tax 14
Workforce Development:
(CR 99-164) - Chs. DWD 290 and 294
Workforce Development:
(CR 99-165) - SS. DWD 12.03, 12.21 and 12.27
Workforce Development:
(CR 00-24) - S. DWD 290.155
Rules Published in this Wis. Adm. Register.
Page 29.
Chiropractic Examining Board:
(CR 98-190) - S. Chir 6.03
Commerce:
(CR 99-139) - SS. Comm 32.24, 32.33 and 32.50
Corrections:
(CR 97-14) - Ch. DOC 309
Corrections:
(CR 97-158) - Chs. DOC 371, 373, 374, 375, 376, 379,
380, 381, 383, 392, 393, 394, 396, 397,
398 and 399
Crime Victims Rights Board:
(CR 99-153) - Ch. CVRB 1
Elections Board:
(CR 99-137) - Ch. El Bd 7
Employe Trust Funds:
(CR 98-169) - S. ETF 10.55
Insurance, Commissioner of:
(CR 99-170) - S. Ins 6.57 (4)
Public Service Commission:
(CR 99-131) - Ch. PSC 111
Public Service Commission:
(CR 99-140) - Ch. PSC 4
Tourism, Dept. of:
(CR 00-37) - S. Tour 1.03 (3) (a)
Sections Affected by Rule Revisions and Corrections.
Pages 30 to 31.
REVISIONS
Chiropractic Examining Board:
Ch. Chir 6
Commerce (Public Employee Safety and Health, Ch. Comm 32):
Ch. Comm 32
Corrections:
Chs. DOC 309, 371, 373, 374, 375, 376, 379, 380, 381,
383, 392, 393, 394, 396, 397, 398 and 399
Crime Victims Rights Board:
Ch. CVRB 1
Elections Board:
Ch. ElBd 7
Employe Trust Funds:
Ch. ETF 10
Insurance, Commissioner of:
Ch. Ins 6
Public Instruction:
Ch. PI 4
Public Service Commission:
Chs. PSC 4 and 111
Tourism, Dept. of:
Ch. Tour 1
EDITORIAL CORRECTIONS
Commerce (Public Employee Safety and Health, Ch. Comm 32):
Ch. Comm 32
Corrections:
Chs. DOC 309, 371, 373, 376, 379, 380, 394 and 396
Financial Institutions--Credit Unions:
Chs. DFI-CU 56, 60, 62, 63 and 67
Health and Family Services (Health, Chs. HFS 110--):
Ch. HFS 182
Industry, Labor and Human Relations (Environmental Policy Act, Ch. ILHR 1--):

Ch. ILHR 1
Regulation and Licensing:
Ch. RL 18
Final Regulatory Flexibility Analyses.
Pages 32 to 33.
Chiropractic Examining Board:
(CR 98-190) - Ch. Chir 6
Commerce:
(CR 99-139) - Ch. Comm 32
Corrections:
(CR 97-14) - Ch. DOC 309
Corrections:
(CR 97-158) - Chs. DOC 371, 373, 374, 375, 376, 379,
380, 381, 383, 392, 393, 394, 396, 397,
398 and 399
Crime Victims Rights Board:
(CR 99-153) - Ch. CVRB 1
Elections Board:
(CR 99-137) - Ch. El Bd 7
Employe Trust Funds:
(CR 98-169) - S. ETF 10.55
Insurance, Commissioner of:
(CR 99-170) - S. Ins 6.57 (4)
Public Service Commission:
(CR 99-131) - Ch. PSC 111
Public Service Commission:
(CR 99-140) - Ch. PSC 4
Tourism, Dept. of:
(CR 00-37) - S. Tour 1.03
Executive Orders.
Page 34.
Executive Order No. 394:
Relating to a Proclamation of a State of Emergency.
Executive Order No. 395:
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.
Executive Order No. 396:
Relating to Issuance of General Obligation Bonds for the Veterans Home Loan Program and Appointment of Hearing Officer.
Executive Order No. 397:
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 Deputy Sheriff Edward Hoffman of the Marinette County Sheriff's Office.
Executive Order No. 398:
Relating to a State of Emergency.
Public Notices.
Pages 35 to 37.
Health and Family Services:
Public notice relating to Medicaid reimbursement of hospitals.
Health and Family Services:
Public notice relating to Medical Assistance reimbursement for personal care services.
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
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
EMERGENCY RULES NOW IN EFFECT (2)
Commerce
(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
EMERGENCY RULES NOW IN EFFECT
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.
Publication Date:   December 27, 1999
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