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Cover_O31
Wisconsin
Administrative
Register
No. 538
Publication Date: October 31, 2000
Effective Date: November 1, 2000
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
TOC_O31
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:
Community Services, Chs. HFS 30--
Rules relating to state Supplemental Security Income (SSI) payments.
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 22.
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 (SSI).
Health and Family Services (Health, Chs. HFS 110-- ):
Ch. HFS 124 - Relating to hospital certificate of approval.
Health and Family Services (Health, Chs. HFS 110-- ):
Ch. HFS 163 - Relating to certification for the identification, removal and reduction of lead-based paint hazards and the issuance and registry of certificates for property that meet lead-free or lead-safe standards.
Insurance, Commissioner of:
SS. Ins 17.01 (3) and 17.28 (6) - Relating to annual Patients Compensation Fund and Mediation Fund fees for fiscal year beginning July 1, 2001.
Natural Resources (Fish, Game, etc., Chs. NR 1--):
NR Code - Relating to fishing regulation changes for the 2001 spring fish and wildlife hearings.
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Chs. NR 5 and 50 - Relating to the boating safety and enforcement programs [Board Order No. LE-01-01].
Natural Resources (Fish, Game, etc., Chs. NR 1--):
NR Code - Relating to trapping and hunting regulations (annual housekeeping order).
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Chs. NR 1, 10, 11, 16, 17 and 45 - Relating to trapping and hunting rules (2001 spring hearing questionnaire).
Natural Resources (Environmental Protection--Investigation and
Remediation of Environmental Contamination, Chs. NR 700--):

Ch. NR 726 - Relating to the application of deed restrictions and deed notices to closure of contaminated properties with residual soil contamination.
Pharmacy Examining Board:
Phar Code - Relating to transfer of prescription orders for noncontrolled substances.
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:

SFC Code - Relating to requiring that supervision of precertification supervised practice of social work be approved in advance by the Social Worker Section.
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:

SFC Code - Relating to permitting the Social Worker Section to consider any criminal or disciplinary background by an applicant for a social work training certificate.
Social Workers, Marriage and Family Therapists and Professional Counselors Examining Board:

SFC Code - Relating to clarifying that a professional counselor training certificate is available only to persons during a period of supervised practice.
Tobacco Control Board:
Ch. TCB 1 - Relating to establishing criteria for recipients of grants awarded by the Tobacco Control Board.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Page 23.
Dentistry Examining Board:
DE Code - Relating to a system of remediation for applicants who have failed the clinical and laboratory examinations more than three times.
Regulation and Licensing:
SS. RL 133.01, 133.02 and 135.02 - Relating to home inspector examination and continuing education requirements.
Veterinary Examining Board:
Ch. VE 3 and ss. VE 2.01, 2.03, 4.01 and 5.03 - Relating to the computerized veterinary examination.
Notices of Hearings or of Proposed Rules.
Pages 24 to 29.
Health and Family Services:
Community Services, Chs. HFS 30--
Hearing to consider revision to ch. HFS 97, relating to procedures for the resolution of complaints of inmates of the Wisconsin Resource Center.
[Hearing date: 11/20/00]
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearings to consider revisions to chs. NR 1, 10, 12 and 19, relating to deer hunting and wildlife abatement and claims program. [Hearing dates: 12/04/00, 12/05/00, 12/11/00, 12/12/00, 12/13/00 and 12/14/00]
Regulation and Licensing:
Hearing to consider amendment to ss. RL 133.01, 133.02 and 135.02, relating to home inspector examination and continuing education requirements. [Hearing date: 11/13/00]
Veterinary Examining Board:
Hearing to consider revision to chs. VE 2 to 5, relating to the computerized veterinary examination. [Hearing date: 11/27/00]
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 30.
Agriculture, Trade and Consumer Protection:
(CR 00-104) - Ch. ATCP 136
Commerce:
(CR 00-115) - Ch. Comm 8
Commerce:
(CR 00-130) - Ch. Comm 46
Natural Resources:
(CR 00-90) - Chs. NR 700, 716, 720, 722, 726 and 746
Natural Resources:
(CR 00-96) - Chs. NR 423, 428 and 439 and
ss. NR 410.06, 484.04 and 485.04
Natural Resources:
(CR 00-101) - SS. NR 406.04, 407.03, 419.02, 422.02,
422.095 and 484.10
Natural Resources:
(CR 00-102) - SS. NR 25.02 (25) and 25.05 (1) (d)
Public Service Commission:
(CR 00-113) - S. PSC 132.02 (3)
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 31.
Administration:
(CR 00-80) - Ch. Adm 43
Administration:
(CR 00-81) - Ch. Adm 44
Administration:
(CR 00-82) - Ch. Adm 45
Commerce:
(CR 99-122) - S. Comm 2.68 and ch. Comm 90
Commerce:
(CR 99-123) - Chs. Comm 81, 82 and 84
Transportation:
(CR 00-15) - Chs. Trans 4 and 8
Workforce Development:
(CR 00-67) - Chs. HSS 245 and DWD 18
Rules Published in this Wis. Adm. Register.
Page 32.
Agriculture, Trade and Consumer Protection:
(CR 00-58) - Ch. ATCP 35
Financial Institutions-Banking
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)
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)
Pharmacy Examining Board:
(CR 99-166) - S. Phar 7.09
Revenue:
(CR 00-78) - SS. WGC 61.02, 61.04, 61.08 and 61.085
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
Sections Affected by Rule Revisions and Corrections.
Pages 33 to 34.
REVISIONS
Agriculture, Trade and Consumer Protection:
Ch. ATCP 35
Financial Institutions-Banking :
Ch. DFI-Bkg 4
Financial Institutions-Savings Institutions:
Chs. DFI-SB 19 and DFI-SL 21
Health and Family Services (Management, Policy, etc., Chs. HFS 1--):
Ch. HFS 10
Health and Family Services (Community Services, Chs. HFS 30--):
Chs. HFS 68, 82, 83, 88 and 89
Health and Family Services (Medical Assistance, Chs. HFS 100--):
Chs. HFS 105 and 107
Health and Family Services (Health, Chs. HFS 110--):
Chs. HFS 124, 132 and 134
Insurance, Commissioner of:
Ch. Ins 6
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Ch. NR 46
Natural Resources (Environmental Protection--General, Chs. NR 100--:

Ch. NR 195
Nursing, Board of:
Ch. N 8
Pharmacy Examining Board:
Ch. Phar 7
Revenue:
Ch. Tax 61
Transportation:
Chs. Trans 134, 276 and 327
Workforce Development:
Chs. DWD 270 and 272
EDITORIAL CORRECTIONS
Agriculture, Trade and Consumer Protection:
Ch. ATCP 35
Wisconsin Gaming Commission:
Chs. WGC 61, 62 and 63
Health and Family Services (Community Services, Chs. HFS 30--):
Chs. HFS 68 and 70
Health and Family Services (Medical Assistance, Chs. HFS 100--):
Chs. HFS 105 and 107
Nursing, Board of:
Chs. N 1, 5 and 8
Revenue:
Chs. Tax 61, 62 and 63
Transportation:
Ch. Trans 327
Final Regulatory Flexibility Analyses.
Pages 35 to 36.
Agriculture, Trade and Consumer Protection:
(CR 00-58) - Ch. ATCP 35
Financial Institutions-Banking
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)
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)
Pharmacy Examining Board:
(CR 99-166) - S. Phar 7.09
Revenue:
(CR 00-78) - SS. WGC 61.02, 61.04, 61.08 and 61.085
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
Executive Orders.
Page 37.
Executive Order No. 407.
Relating to a Proclamation of a State of Emergency.
Executive Order No. 408.
Relating to the Development and Implementation of Electronic Commerce Methods for the Delivery of State and Local Government Services in Wisconsin.
Executive Order No. 409.
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 Fire Fighters of this State Who Have Given Their Lives in the Line of Duty.
Action By the Joint Committee for Review of Administrative Rules.
Page 38.
Suspension of Rule:
Motion carried suspending all the words following “providers" in s. PSC 160.18 (10).
emerg538b
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
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