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Wisconsin
Administrative
Register
No. 535
Publication Date: July 31, 2000
Effective Date: August 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.
Rules relating to fees required of agent municipalities inspecting retail food establishments.
Rules relating to an implied warranty on disease-free cattle and goats.
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:
Medical Assistance, Chs. HFS 100-108
Rules relating to the medicaid purchase plan.
Health & Family Services:
Health, Chs. HFS 110--
Rules relating to the Health Risk-Sharing Plan.
Insurance:
Rules relating to patients compensation fund and mediation fund fees.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Rules adopted revising ch. NR 10, relating to deer hunting. [FIRST APPEARANCE]
Natural Resources:
Environmental Protection-General, Chs. NR 100--
Rules relating to the brownfield site assessment grant program.
Natural Resources:
Environmental Protection-Investigation & Remediation, Chs. NR 700--
Rules relating to sites contaminated with petroleum products from petroleum storage tanks.
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.
Scope Statements.
Pages 15 to 19.
Agriculture, Trade and Consumer Protection:
Ch. ATCP 11 - Relating to import of animals from states that are USDA non-modified accredited states (not tuberculosis-free states).
Agriculture, Trade and Consumer Protection:
S. ATCP 74.08 (1) - Relating to retail food establishments; local government regulation; cost reimbursement.
Agriculture, Trade and Consumer Protection:
Ch. ATCP 97 - Relating to public warehouse keepers: license fees.
Agriculture, Trade and Consumer Protection:
Ch. ATCP 134 - Relating to residential rental practices regarding security deposits and carpet cleaning agreements.
Agriculture, Trade and Consumer Protection:
Ch. ATCP 161 - Relating to grant payments to ethanol producers.
Chiropractic Examining Board:
Chir Code - Relating to policy interpretations regarding various treatment modalities and procedures, including massage therapy, physical therapy, homeopathy, orthotics, electromyography, manipulation under anesthesia, electrocardiograph and spirometer instruments, iontophoresis, the diagnostic of TMJ, and the use of magnets.
Health & Family Services (Community Services, Chs. HFS 30--):
Ch. HFS 95 - Relating to use of force to prevent escapes and to recapture escaped persons under ch. 980, Stats.
Health & Family Services (Health, Chs. HFS 110--):
Ch. HFS 125 - Relating to "Do-Not-Resuscitate" orders directed at emergency health care personnel.
Health & Family Services (Health, Chs. HFS 110--):
Ch. HFS 145 - Relating to control of communicable diseases: Subchapter II--Tuberculosis.
Insurance, Commissioner of:
Ch. Ins 23 - Relating to standards for insurance marketed to fund prearranged funeral plans.
Natural Resources (Fish, Game, etc., Chs. NR 1--):
NR Code - Relating to deer management unit system review and revisions.
Pharmacy Examining Board:
Phar Code - Relating to:
1) Eliminating the requirement to pass an examination pertaining to the consultation of patients; and
2) Including a specific continuing education requirement for consulting of patients.
Revenue:
SS. Tax 2.03, 2.04, 2.08, 2.12 and3.91 - Relating to returns of corporations and persons other than corporations, wage statements and information returns, claims for refund and other amended returns, and petitions for redetermination.
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:

SFC Code - Relating to requiring that social workers who supervise a period of pre-certification practice of social work have a master's or a doctoral degree in social work.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 20 to 21.
Commerce (Mines, Pits and Quarries, Ch. Comm 8):
Ch. Comm 8 - Relating to mines, pits and quarries.
Health and Family Services (Health, Chs. HFS 110--):
Ch. HFS 119 - Relating to the operation of the Health Insurance Risk-Sharing Plan (HIRSP).
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Ch. NR 7 - Relating to the recreation boating facilities program.
Natural Resources (Fish, Game, etc., Chs. NR 1--):
SS. NR 19.50 and 64.09 (3) - Relating to all-terrain (ATV), snowmobile, bowhunter and hunter education fees.
Natural Resources (Environmental Protection--Investigation and Remediation, Chs. NR 700--)
(Environmental Protection--Water Supply, Chs. NR 800--):


Chs. NR 716, 726, 749, 811 and 812 - Relating to implementation of a geographic information system registry of closed remediation sites for properties with groundwater contamination.
Notices of Hearings or of Proposed Rules.
Pages 22 to 26.
Agriculture, Trade and Consumer Protection:
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]
Commerce:
Mines, Pits and Quarries, Ch. Comm 8
Hearings to consider revision to ch. Comm 8, relating to mines, pits and quarries. [Hearing dates: 8/16/00, 8/17/00 and 8/18/00]
Health and Family Services:
Health, Chs. HFS 110--
Hearing to consider revision to ch. HFS 119, relating to the Health Insurance Risk-Sharing Plan (HIRSP).
[Hearing date: 8/29/00]
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearings to consider revision to chs. NR 19 and 64, relating to all-terrain vehicle (ATV), snowmobile, bowhunter and hunter education fees.
[Hearing dates: 8/28/00, 8/29/00 and 9/01/00]
Natural Resources:
Environmental Protection--Remediation, Chs. NR 700--
Environmental Protection--Water Supply, Chs. NR 800--
Hearings to consider revision to chs. NR 716, 726, 749, 811 and 812, relating to geographic information system registry of closed remediation sites for properties with groundwater contamination. [Hearing dates: 8/15/00, 8/16/00, 8/21/00 and 8/23/00]
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 27.
Commerce:
(CR 99-122 ) - Ch. Comm 90
Commerce:
(CR 99-123 ) - Chs. Comm 81, 82 and 84
Public Instruction:
(CR 98-138) - SS. PI 11.35 and 11.36
Transportation:
Transportation:
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 28.
Commerce:
(CR 99-143) - Chs. Comm 2, 3, 20, 50 to 64, 66, 70,
75 and 90
Employe Trust Funds:
Health and Family Services:
(CR 00-1) - Chs. HFS 82, 83, 88, 124 and 131 to 134
Natural Resources:
Natural Resources:
Natural Resources:
(CR 00-32) - SS. NR 10.12,10.145, 10.27, 10.40
and 15.13
Revenue:
(CR 00-53) - SS. Tax 18.05 and 18.08
Transportation:
(CR 00-57) - Chs. Trans 101 to 104 and s. Trans 117.03
Transportation:
Transportation:
(CR 00-69) - SS. Trans 325.02 and 326.01 and
ch. Trans 328
Transportation:
(CR 00-85) - SS. Trans 142.01, 142.02 and 142.07
Rules Published in this Wisconsin Administrative Register.
Page 29.
Commerce:
(CR 00-9) - Chs. Comm 2, 5, 82 and 84
Controlled Substances Board:
Corrections:
(CR 97-13) - SS. DOC 303.75, 303.76 and 303.81
Employe Trust Funds:
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:
Public Instruction:
(CR 99-169) - Ch. PI 44
Public Instruction:
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:
Revenue:
(CR 00-16) - Ch. Tax 14
Revenue:
(CR 00-53) - SS. Tax 18.05 and 18.08
Veterans Affairs:
(CR 00-41) - SS. VA 2.01 and 12.02 and ch. VA 15
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:
Sections Affected by Rule Revisions and Corrections.
Pages 30 to 32.
REVISIONS
Commerce (Fee Schedule, Ch. Comm 2):
Ch. Comm 2
Commerce (Licenses, Certifications and Registrations, Ch. Comm 5):

Ch. Comm 5
Commerce (Plumbing, Chs. Comm 81 to 87):
Chs. Comm 82 and 84
Controlled Substances Board:
Ch. CSB 2
Corrections:
Ch. DOC 303
Employe Trust Funds:
Ch. ETF 10
Employment Relations--Merit Recruitment and Selection:
Chs. ER-MRS 6 and 11
Health and Family Services (Community Services, Chs. HFS 30--):
Chs. HFS 50, 61, 62 and 75
Insurance, Commissioner of:
Ch. Ins 3
Public Instruction:
Chs. PI 6, 10, 24, 32, 35, 40 and 44
Public Service Commission:
Chs. PSC 100 and 113
Revenue:
Chs. Tax 14 and 18
Veterans Affairs:
Chs. VA 2, 12 and 15
Workforce Development (Economic Support, Chs. DWD 11 to 59):
Ch. DWD 12
Workforce Development (Prevailing Wage Rates, Chs. DWD 290 to 294):

Chs. DWD 290 and 294
EDITORIAL CORRECTIONS
Commerce (Fee Schedule, Ch. Comm 2):
Ch. Comm 2
Commerce (Plumbing, Chs. Comm 81 to 87):
Chs. Comm 82 and 84
Health and Family Services (Community Services, Chs. HFS 30--):
Chs. HFS 61 and 73
Insurance, Commissioner of:
Ch. Ins 3
Public Instruction:
Chs. PI 32, 35 and 40
Public Service Commission:
Ch. PSC 100
Veterans Affairs:
Chs. VA 1, 6 and 12
Workforce Development (Prevailing Wage Rates, Chs. DWD 290 to 294):

Chs. DWD 290 and 294
Final Regulatory Flexibility Analyses.
Pages 33 to 35.
Commerce:
(CR 00-9) - Chs. Comm 2, 5, 82 and 84
Controlled Substances Board:
Corrections:
(CR 97-13) - SS. DOC 303.75, 303.76 and 303.81
Employe Trust Funds:
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:
Public Instruction:
(CR 99-169) - Ch. PI 44
Public Instruction:
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:
Revenue:
(CR 00-16) - Ch. Tax 14
Revenue:
(CR 00-53) - Ch. Tax 18
Veterans Affairs:
(CR 00-41) - SS. VA 2.01 and 12.02 and ch. VA 15
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:
Executive Orders.
Page 36.
Executive Order No. 399:
Relating to the Amendment of Executive Order No. 398.
Executive Order No. 400:
Relating to the Amendment of Executive Order No. 398.
Executive Order No. 401:
Relating to the Amendment of Executive Order No. 398.
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 (3)
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.
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