No. 535
Publication Date: July 14, 2000
Effective Date: July 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 14.
Agriculture, Trade and Consumer Protection:
Rules relating to swine import and required tests.
Rules adopted amending s. ATCP 74.08, relating to fees required of agent municipalities inspecting retail food establishments. [FIRST APPEARANCE]
Rules adopted creating ss. ATCP 10.21 (1m) and 10.63 (1m), relating to an implied warranty on disease free cattle and goats. [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.
Health & Family Services:
Health, Chs. HFS 110--
Rules adopted revising ch. HFS 119, relating to the Health Risk-Sharing Plan. [FIRST APPEARANCE]
Rules relating to patients compensation fund and mediation fund fees.
Natural Resources:
Environmental Protection-General, Chs. NR 100--
Rules relating to river protection grants.
Rules adopted creating ch. NR 168, relating to the brownfield site assessment grant program. [FIRST APPEARANCE]
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 state aid for achievement guarantied contracts and aid for debt service.
Rules relating to alternative education grants.
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.
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.
Page 17.
Ch. Comm 10 - Relating to flammable, combustible and hazardous liquids.
Health & Family Services:
Ch. HFS 50 - Relating to facilitating the adoption of children with special needs.
Pharmacy Examining Board:
S. Phar 6.06 - Relating to minimum equipment that shall be contained in the service area of a pharmacy.
Pharmacy Examining Board:
S. Phar 10.03 (15) - Relating to prescription order blanks imprinted with the name of a specific pharmacist or pharmacy.
S. Tax 9.69 - Relating to Wisconsin's agreement with the tobacco product manufacturers and the money received from them as a part of the Master Settlement Agreement.
Ch. Trans 158 - Relating to specifying the location where a Wisconsin-issued Vehicle Identification Number (VIN) should be placed on a vehicle.
Chs. Trans 260 & 261 - Relating to single and multiple trip permits for mobile home and/or manufactured homes.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Page 18.
Ch. Trans 233 - Relating to the division of land abutting state trunk or connecting highway.
Workforce Development:
Ch. DWD 42 - Relating to the state directory of new hires.
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]
Hearing to consider ss. ATCP 10.21 (1m) and 10.63 (1m), relating to an implied warranty that cattle and goats are free of Johne's disease. [Hearing date: 7/27/00]
Public Service Commission:
Hearing to consider rules relating to renewable resource credits. [Hearing date: 7/26/00]
Hearing to consider revision of ch. Trans 233, relating to division of land abutting a state trunk or connecting highway. [Hearing date: 8/4/00]
Workforce Development:
Economic Support, Chs. DWD 11-59
Hearings to consider ch. DWD 42, relating to the state directory of new hires. [Hearing dates: 8/7/00, 8/8/00, 8/10/00, 8/22/00]
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 27.
Agriculture, Trade & Consumer Protection:
(CR 99-168 ) - Chs. ATCP 10, 11 & 12
Barbering & Cosmetology Examining Board:
(CR 00-19) - Ch. BC 5
Employe Trust Funds:
(CR 00-43) - Ch. ETF 50
Employe Trust Funds:
(CR 00-62) - S. ETF 10.60 (2) & (3)
Financial Institutions-Banking, -Savings Banks & -Savings & Loan:
(CR 00-45) - Chs. DFI-Bkg 4, DFI-SB 19, DFI-SL 21
Workforce Development:
(CR 99-163) - Chs. DWD 100, 101, 102, 110, 111, 126, 127, 128, 129, 132, 135, 140 & 149
Workforce Development:
(CR 00-46) - SS. DWD 270.085 & 272.085
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 28.
(CR 00-9) - Chs. Comm 2, 5, 82 & 84
(CR 00-23) - S. Tax 2.32
Veterans Affairs:
(CR 00-41) - Chs. VA 2, 12 & 15
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
1.   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
2.   Rule adopted amending s. ATCP 74.08(1), relating to fees required of agent cities and counties that license and inspect retail food establishments.
Finding of Emergency
The Department of Agriculture, Trade and Consumer Protection (“department") finds that an emergency rule is necessary to promote the public welfare, and prevent unnecessary economic hardship on cities and counties that license and inspect retail food establishments for the department. The facts constituting the emergency are as follows:
(1) The department licenses and inspects retail food establishments under s. 97.30, Stats. Under s. 97.41, Stats., the department may enter into an agreement with a city or county, under which the city or county licenses and inspects retail food establishments for the department. The department monitors and assists the agent city or county. From the license fees that it collects, an agent city or county must pay the department an annual fee to cover the department's costs. The department sets the fee by rule.
(2) By rule, the department establishes license fees for retail food establishments that it licenses directly. An agent city or county may charge a license fee that differs from the state license fee established by the department.
(3) Under current rules, an agent city or county must pay the department an annual fee, for each retail food establishment, that is equal to 20% of the license fee that the department would charge if it licensed the establishment directly.
(4) Effective February 1, 1998; the department increased license fees for retail food establishments that it licenses. The fee increase was caused, in part, by a legislative budget change that required the department to recover 60% (rather than 50%) of its program costs from license fees. The fee change approximately doubled the department's license fees, increasing the maximum retail food license fee from $210 to $450 and the minimum fee from $42 to $90.
(5) The department's 1998 license fee increase incidentally increased the annual fees that agent cities were required to pay to the department, beginning with the license year ending June 30, 1999. As a result of the department's license fee increase, agent cities and counties were required to pay the department 20% of the increased license fee amounts. This change effectively doubled city and county fee payments to the department and imposed a serious financial burden on those city and county governments. The increased fee payments also exceeded the amounts needed to cover the department's costs under agent city and agent county agreements.
(6) In order to reduce the financial burden on local governments and eliminate the department's surplus receipts, it is necessary to reduce the agent city and county percentage fee payment from 20% to 10% beginning with the license year that ends June 30, 2000. The public welfare necessitates that the department make this rule change by June 30, 2000. However, it is not possible to make this rule change by June 30 using normal rulemaking procedures. The department is, therefore, adopting this rule change by emergency rule, pending adoption by normal rulemaking procedures.
Publication Date:   June 30, 2000
Effective Date:   July 1, 2000
Expiration Date:   November 29, 2000
3.   Rules adopted creating ss. ATCP 10.21(1m) and 10.63(1m) relating to an implied warranty that cattle and goats are free of paratuberculosis (also known as Johne's disease).
Finding of Emergency
(1) Paratuberculosis, also known as Johne's disease, is an infectious and communicable disease of cattle and goats. The disease is slow to develop, and an infected animal may go for years without showing symptoms. An infected animal, which is free of symptoms at the time of sale, may spread the disease to a buyer's herd. The disease has a serious impact on milk production, and is ultimately fatal to infected animals.
(2) 1989 Wis. Act 277 established a Johne's disease “implied warranty" in the sale of cattle and goats. Under the “implied warranty" law, s. 95.195, Stats., a seller implicitly warrants to a buyer that cattle and goats are free of Johne's disease unless the seller complies with certain testing and disclosure requirements. If cattle or goats are infected with Johne's disease at the time of sale, and the seller has not complied with applicable testing and disclosure requirements, the buyer may sue the seller for damages under the “implied warranty."
(3) The “implied warranty" law protects buyers of cattle and goats, and gives sellers an incentive to test their animals for Johne's disease. A seller may avoid the “implied warranty" by testing and disclosing. Testing is important for the ultimate control of this serious disease.
(4) 1999 Wis. Act 160 changed the “implied warranty" law, effective July 1, 2000. It changed prior testing and disclosure requirements to make the law more effective and workable. It also authorized the department of agriculture, trade and consumer protection (“DATCP") to cover other diseases and animal species by rule. DATCP must implement the new law by rule. The “implied warranty" no longer applies to any animals or diseases (including Johne's disease) unless DATCP identifies those animals and diseases by rule.
(5) DATCP, the livestock industry and the Legislature intended that the new law would apply, at a minimum, to Johne's disease in cattle and goats. The Legislature, in a related action, appropriated $100,000 in grant funds to help herd owners pay for Johne's disease testing in FY 2000-2001. DATCP has also adopted new Johne's disease rules for cattle and goats, in anticipation of the July 1, 2000 effective date of the new law. The new rules, contained in ss. 10.21 and 10.63, Wis. Adm. Code, clearly indicate DATCP's understanding and intent that the new law would apply to Johne's disease in cattle and goats. However, the new rules are technically flawed, in that they fail to state explicitly that the new law applies to Johne's disease in cattle and goats. This emergency rule remedies that technical flaw on a temporary basis, pending the adoption of “permanent" remedial rules.
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.