Publication Date: September 30, 2000
Effective Date: October 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 15.
Administration:
Rules relating to public benefit fees.
Rules relating to energy conservation and efficiency and the renewable resource program.
Rules relating to low-income assistance public benefits.
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.
Rule relating to residential rental practices.
Rules relating to importing certain animals from a USDA-designated “non-modified accredited" state.
Commerce:
PECFA, Chs. Comm 46 and 47
Rules relating to Petroleum Environmental Cleanup Fund interagency responsibilities.
Rules relating to appeals under the PECFA program.
Health & Family Services:
Management, etc., Chs. HFS 1--
Rules relating to family care.
Health & Family Services:
Community Services, Chs. HFS 30--
Rules adopted creating ch. HFS 79, relating to state Supplemental Security Income (SSI) payments. [FIRST APPEARANCE]
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.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Rules relating to deer hunting.
Rules relating to the 2000 migratory game bird season.
Rules relating to the stewardship program.
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.
Regulation and Licensing:
Rules relating to massage therapists and bodyworkers.
Revenue:
Rules relating to retailer performance program of the Wisconsin Lottery.
Rules relating to the tobacco settlement agreement.
Workforce Development:
Economic Support, Chs. DWD 11-59
Rule relating to W-2 Program disregard of 2000 census income.
Scope Statements.
Pages 16 to 19.
Professional Geologists, Hydrologists and Soil Scientists Examining Board:

GHSS Code - Relating to continuing education requirements.
Health and Family Services (Community Services, Chs. HFS 30-- ):
Ch. HFS 79 - Relating to state supplemental payments for recipients of federal Supplemental Security Income (SSI) benefits, and certain recipients of state-provided Supplemental Security Income.
Natural Resources:
NR Code - Relating to implementing the Deer Management for 2000 and Beyond Project.
Natural Resources (Environmental Protection-Investigation and
Remediation, Chs. NR 700--):

Ch. NR 714 - Relating to revision to ch. NR 714, Public Information and Participation, regarding notification of landowners affected by contamination migrating from source properties.
Pharmacy Examining Board:
S. Phar 7.01 (1) (c) and (3) - Relating to pharmacy technicians.
Public Service Commission:
Ch. PSC 116 - Relating to the revision of ch. PSC 116, Cost of Fuel, which sets forth a method for consideration of fuel costs in setting rates.
Transportation:
Ch. Trans 152 - Relating to the Wisconsin Interstate Fuel Tax and International Registration Program and to clarifying Department policies addressing decal accountability, permanent plate issuance, appeals, trip permits and overdue billing issues.
Transportation:
Ch. Trans 201 - Relating to providing for annual sign permit fees in lieu of the existing one-time outdoor advertising sign permit issuance fee, and to modifying the license requirements for persons engaged in the business of outdoor advertising.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 20 to 21.
Commerce (Tramways, Lifts and Tows, Ch. Comm 33):
Ch. Comm 33 - Relating to tramways, lifts and tows.
Health and Family Services (Community Services, Chs. HFS 30--):
Ch. HFS 97 - Relating to complaint procedures for inmates of the Wisconsin Resource Center (WRC).
Insurance, Commissioner of:
S. Ins 3.39 - Relating to Medicare+Choice, Medicare Supplement and Replacement Policies.
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Chs. NR 1, 50 and 51 - Relating to the stewardship program.
Natural Resources (Environmental Protection--General,
Chs. NR 100--) and
(Environmental Protection--Water Regulation, Chs. NR 300--):


S. NR 116.08 and ch. NR 333 - Relating to dam design and construction standards and zoning below dams.
Transportation:
Ch. Trans 4 - Relating to the State Public Transit Operating Assistance Program.
Notices of Hearings or of Proposed Rules.
Pages 22 to 28.
Chiropractic Examining Board:
Hearing to consider revision to ss. Chir 4.03 and 4.05 (1) (d), relating to nutritional supplements. [Hearing date: 10/12/00]
Chiropractic Examining Board:
Hearing to consider revision to s. Chir 5.01, relating to continuing education requirements. [Hearing date: 10/12/00]
Commerce:
Tramways, Lifts and Tows, Ch. Comm 33
Hearings to consider revision to ch. Comm 33, relating to tramways, lifts and tows. [Hearing dates: 10/18/00, 10/19/00 and 10/20/00]
Insurance, Commissioner of:
Hearing to consider revision to s. Ins 3.39, relating to Medicare+Choice, Medicare Supplement and Replacement Policies. [Hearing date: 10/24/00]
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearing to consider emergency rules relating to the 2000 migratory game bird season. [Hearing date: 10/16/00]
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearing to consider revision of chs. NR 1, 50 and 51, relating to the stewardship program. [Hearing dates: 11/01/00 and 11/02/00]
Natural Resources:
Environmental Protection--General, Chs. NR 100--
Environmental Protection--Water Regulation, Chs. NR 300--
Hearing to consider revision to s. NR 116.08 and ch. NR 333, relating to dam design and construction standards and zoning below dams. [Hearing date: 10/19/00]
Public Service Commission:
Hearing to consider revision to ch. PSC 167, relating to new extended area telephone service arrangements. [Hearing date: 11/11/00]
Transportation:
Hearing to consider revision of ch. Trans 4, relating to the State Public Transit Operating Assistance Program. [Hearing date: 10/19/00]
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 29.
Administration:
(CR 00-42) - Ch. Adm 12
Commerce:
(CR 00-86) - Ch. Comm 18
Health and Family Services:
(CR 00-84) - Chs. HFS 102, 103 and 108
Health and Family Services:
(CR 00-114) - Ch. HFS 119
Natural Resources:
(CR 00-76) - Ch. NR 190
Natural Resources:
(CR 00-103) - SS. NR 10.01, 10.12 and 10.125
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 30.
Employee Trust Funds:
(CR 00-11) - S. ETF 20.25 (1)
Financial Institutions-Banking and
Financial Institutions -Savings Institutions:

(CR 00-45) - Chs. DFI-Bkg 4, DFI-SB 19 and
DFI-SL 21
Health and Family Services:
(CR 00-55) - Ch. HFS 10 and ss. HFS 68.04, 82.06,
83.06, 88.06, 89.29, 89.295, 105.47,
107.28, 124.255, 132.52 and 134.52
Insurance, Commissioner of:
(CR 00-40) - S. Ins 6.59 (4) (av) and Note
Natural Resources:
(CR 00-30) - Ch. NR 195
Natural Resources:
(CR 00-74) - Ch. NR 46
Nursing, Board of:
(CR 99-126) - S. N 8.10 (6) and (7)
Transportation:
(CR 00-72) - SS. Trans 327.03 and 327.09
Transportation:
(CR 00-94) - S. Trans 134.06 (1) (d)
Transportation:
(CR 00-99) - S. Trans 276.07 (11)
Workforce Development:
(CR 00-46) - SS. DWD 270.085 and 272.085
Rules Published in this Wis. Adm. Register.
Page 31.
Barbering and Cosmetology Examining Board:
(CR 00-19) - SS. BC Figure 5.02, Figure 5.04,
Figure 5.05 and Figure 5.06
Commerce:
(CR 99-143) - Chs. Comm 2, 3, 20, 50 to 64, 66, 70, 75
and 90
Commerce:
(CR 00-38) - Ch. Comm 43
Dentistry Examining Board:
(CR 99-99) - S. DE 3.04
Employee Trust Funds:
(CR 00-11) - S. ETF 20.25 (1)
Employee Trust Funds:
(CR 00-43) - Ch. ETF 50
Employee Trust Funds:
(CR 00-62) - S. ETF 10.60 (2) and (3)
Ethics Board:
(CR 00-71) - S. Eth 1.03
Investment Board:
(CR 00-70) - S. IB 2.04
Natural Resources:
(CR 00-29) - Ch. NR 135 and ss. NR 340.05 (3m) and
340.06 (3) (i)
Natural Resources:
(CR 00-31) - Ch. NR 10 and ss. NR 11.02, 11.05,
15.022 and 16.02
Natural Resources:
(CR 00-32) - SS. NR 10.12, 10.145, 10.27, 10.40 and
15.13
Natural Resources:
(CR 00-33) - Ch. NR 20 and ss. NR 22.04, 26.10 and
26.31
Regulation and Licensing:
(CR 00-18) - S. RL 62.11
Workforce Development:
(CR 99-163) - Chs. DWD 100 to 102, 110, 111, 126 to
129, 132, 135, 140 and 149
Sections Affected by Rule Revisions and Corrections.
Pages 32 to 35.
REVISIONS
Barbering and Cosmetology Examining Board:
Ch. BC 5
Commerce (Fee Schedule, Ch. Comm 2):
Ch. Comm 2
Commerce (Petitions for Variance Procedures, Ch. Comm 3):
Ch. Comm 3
Commerce (Uniform Dwelling, Chs. Comm 20-25):
Ch. Comm 20
Commerce (Anhydrous Ammonia, Ch. Comm 43):
Ch. Comm 43
Commerce (Building and Heating, etc., Chs. Comm 50-64):
Chs. Comm 50, 51, 52, 54, 55, 56, 57, 60, 62 and 64
Commerce (Uniform Multifamily Dwellings, Ch. Comm 66):
Ch. Comm 66
Commerce (Historic Buildings, Ch. Comm 70):
Ch. Comm 70
Commerce (Existing Buildings, Chs. Comm 75-79):
Ch. Comm 75
Commerce (Public Swimming Pools, Ch. Comm 90):
Ch. Comm 90
Dentistry Examining Board:
Ch. DE 3
Employee Trust Funds:
Chs. ETF 10, 20 and 50
Ethics Board:
Ch. Eth 1
Investment Board:
Chs. IB 1 and 2
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Chs. NR 10, 11, 15, 16, 20, 22 and 26
Natural Resources (Environmental Protection--General,
Chs. NR 100--):

Ch. NR 135
Natural Resources (Environmental Protection--Water Regulation,
Chs. NR 300--):

Ch. NR 340
Regulation and Licensing:
Ch. RL 62
Workforce Development (Unemployment Insurance,
Chs. DWD 100-150):

Chs. DWD 100 to 102, 110, 111, 126 to 129, 132,
135, 140 and 149
EDITORIAL CORRECTIONS
Commerce (Building and Heating, etc., Chs. Comm 50-64):
Chs. Comm 50 and 62
Commerce (Uniform Multifamily Dwellings, Ch. Comm 66):
Ch. Comm 66
Commerce (Historic Buildings, Ch. Comm 70):
Ch. Comm 70
Commerce (Public Swimming Pools, Ch. Comm 90):
Ch. Comm 90
Natural Resources (Environmental Protection--Water Regulation,
Chs. NR 300--):

Ch. NR 340
Workforce Development (Unemployment Insurance,
Chs. DWD 100-150):

Chs. DWD 100, 123, 129, 132, 135 and 140
Final Regulatory Flexibility Analyses.
Pages 36 to 38.
Barbering and Cosmetology Examining Board:
(CR 00-19) - Ch. BC 5
Commerce:
(CR 99-143) - Chs. Comm 2, 3, 20, 50 to 64, 66, 70, 75
and 90
Commerce:
(CR 00-38) - Ch. Comm 43
Dentistry Examining Board:
(CR 99-99) - S. DE 3.04
Employee Trust Funds:
(CR 00-43) - Ch. ETF 50
Employee Trust Funds:
(CR 00-62) - S. ETF 10.60
Employee Trust Funds:
(CR 00-11) - S. ETF 20.25
Ethics Board:
(CR 00-71) - S. Eth 1.03
Investment Board:
(CR 00-70) - S. IB 2.04
Natural Resources:
(CR 00-29) - Ch. NR 135 and ss. NR 340.05 (3m) and
340.06 (3) (i)
Natural Resources:
(CR 00-31) - Ch. NR 10 and ss. NR 11.02, 11.05,
15.022 and 16.02
Natural Resources:
(CR 00-32) - SS. NR 10.12, 10.145, 10.27, 10.40 and
15.13
Natural Resources:
(CR 00-33) - Ch. NR 20 and ss. NR 22.04, 26.10 and
26.31
Regulation and Licensing:
(CR 00-18) - S. RL 62.11
Workforce Development:
(CR 99-163) - Chs. DWD 100 to 102, 110, 111, 126 to
129, 132, 135, 140 and 149
Executive Orders.
Page 39.
Executive Order No. 405.
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 Two Late Sheriff's Deputies of the Milwaukee County Sheriff's Department Who Lost Their Lives in a Helicopter Crash.
Executive Order No. 406.
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 Deputy Sheriff Ralph E. Zylka and Deputy Sheriff Sung Hui Bang of the Milwaukee County Sheriff's Office Who Lost Their Lives in a Helicopter Crash.
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)
Administration
1.   Rules adopted creating ch. Adm 43, relating to public benefits fees
Exemption From Finding of Emergency
(See section 9101 (1zu) (a) of 1999 Wis. Act 9)
Analysis Prepared by the Department of Administration:
Statutory authority: ss. 16.004 (1), 16.957(2)(c) 4. and 5., and (4)(b), Stats.
Statute interpreted: s. 16.957(2)(c) 4. and 5., and (4), Stats.
1999 Wis. Act 9 included major provisions relating to aspects of electric utility regulation, commonly referred to as “Reliability 2000." That legislation created a new statutory framework within which public benefit programs relating to low-income energy assistance and energy conservation and renewable energy are continued and expanded. Under ss. 16.957(2)(c) and (4)(b), Stats., the Department of Administration is directed to promulgate rules setting fees to be collected by utilities from their customers, and establishing requirements and procedures related to those low-income and energy conservation programs. This rule provides mechanisms for setting, collecting, and reporting the fees, and related matters.
Publication Date:   August 22, 2000
Effective Date:   August 22, 2000
Expiration Date:   January 19, 2001
2.   Rule adopted creating ch. Adm 44, relating to energy conservation and efficiency and renewable resource programs.
Exemption From Finding of Emergency
(See section 9101 (1zu) (am) of 1999 Wis.
Act 9)
Analysis Prepared by the Department of Administration:
Statutory authority: ss. 16.004(1) and 16.957(2)(c), 2., 2m. and 2n., Stats.
Statute interpreted: s. 16.957(2)(b) and (3)(b), Stats.
Under s. 16.957(2)(c)2, 2m., and 2n., Stats., the Department of Administration is required to promulgate rules for energy conservation and efficiency and renewable resource public benefits programs. The rule establishes requirements, procedures and criteria to be followed by program administrators in soliciting and selecting applications for grant funding to be awarded by the Department for energy programs established under s. 16.957(2)(b), Stats.
The Department believes it is neither wise nor practical to include specific detail in this rule to cover programs that are not yet in existence. These programs will be developed over a longer period of time, with a wide range of input from the Council on Utility Public Benefits, potential program providers, and recipient citizens. They will develop as the needs of the energy efficiency and conservation market becomes clearer and our collective knowledge is increased.
Examples of the variety of programs to be created under s. 16.957 (2) (b) 1., Stats., run the gamut from a simple rebate of a few cents for the purchase of energy efficient products or services to programs requiring complete engineering audits of industrial plants, arrangement of financing, performance contracting and multi-year performance monitoring. The requirements, procedures and related selection criteria necessary to implement these varying programs cannot be specified with detail in this rule. Rather, the rule is designed to allow flexibility for development of policies and procedures through detailed policy and procedure manuals for each program, consistent with Department practice for low-income assistance programs now in effect under ss. 16.385 and 16.39, Stats.
Publication Date:   August 22, 2000
Effective Date:   August 22, 2000
Expiration Date:   January 19, 2001
3.   Rules adopted creating ch. Adm 45, relating to low-income assistance public benefits.
Exemption From Finding of Emergency
(See section 9101 (1zu) (am) of 1999 Wis. Act 9)
Analysis Prepared by the Department of Administration:
Statutory authority: ss. 16.004(1) and 16.957(2) (c) 2., Stats.
Statute interpreted: s. 16.957(2) (a), Stats.
Under s. 16.957(2)(c), Stats., the Department of Administration is required to promulgate rules for low-income public benefits programs. The proposed rule establishes eligibility and application requirements and procedures for assistance under a low-income public benefits program established under s. 16.957(2)(a), Stats.
It is the Department's understanding that the Legislature's intent for this rule was to build upon and transition from the Low-Income Home Energy Assistance Program (LIHEAP) and the Low-Income Weatherization Assistance Program (LIWAP) currently administered by the Department under ss. 16.385 and 16.39, Stats., respectively. The Department presently utilizes extensive, detailed policy and procedure manuals under which those programs operate. Annual plans are also prepared for each of these programs which are submitted to the federal government as required by the U.S. Department of Housing and Urban Development after extensive opportunities for public input, including public hearings. Because these programs, and the public benefits programs yet to be developed in concert with them under s. 16.957(2)(a), Stats., must be implemented during the heating season, they must be able to react to significant fluctuations of weather, energy costs and energy shortages in a relatively short period of time. For these reasons, this proposed rule is intentionally succinct, yet flexible in order to account for the specific needs of low-income assistance programs envisioned.
Publication Date:   August 22, 2000
Effective Date:   August 22, 2000
Expiration Date:   January 19, 2001
EMERGENCY RULES NOW IN EFFECT (5)
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
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