Under current rules, tests for equine infectious anemia (EIA) must be performed by an accredited veterinarian or a veterinarian employed by DATCP or USDA-APHIS. This rule allows a technician employed by DATCP or USDA-APHIS to perform routine screening tests for EIA if the technician is working under the direct supervision of a veterinarian employed by DATCP or USDA-APHIS.
Under current rules, a horse may not be exhibited at a fair or show unless it has tested negative for EIA within the preceding 12 months. Under this rule, the horse must have tested negative for EIA during the same calendar year in which the horse is exhibited, except that a horse may be exhibited in January if it tested negative during the preceding calendar year. This is consistent with current rules related to permanent imports.
Cervids
This rule modifies current rules related to cervids (including deer and elk):
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Under current rules, a cervid may not be imported to Wisconsin unless it has tested negative for brucellosis within the preceding 30 days. This rule changes the pre-import brucellosis testing requirements by incorporating federal Uniform Methods and Rules adopted by USDA-APHIS effective September 30, 1998. This will make Wisconsin import requirements consistent with federal requirements.
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Under current rules, a cervid may not be moved within Wisconsin unless it has tested negative for tuberculosis within the preceding 90 days. There are several current exceptions to this requirement. This rule creates an additional exception, for cervids originating from a certified tuberculosis-free herd.
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Under current rules, captive deer must test negative for tuberculosis within 90 days before they are moved within Wisconsin. White-tailed deer are exempt from this requirement. This rule repeals the current exemption, so that captive white-tail deer will also be subject to the TB testing requirement before they are moved within this state.
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This rule requires any veterinarian or diagnostic laboratory that finds evidence of chronic wasting disease in deer in Wisconsin to report it to DATCP within one day after making the finding.
Poultry Testing and Identification
Under current rules, DATCP may certify a poultry flock as “U.S. pullorum-typhoid clean," and may certify a turkey flock as “mycoplasma-gallisepticum clean," based on test samples collected by an authorized agent of DATCP. Under current rules, DATCP's agent must individually identify tested birds when collecting test samples for these purposes. This rule clarifies that the birds must be identified with leg bands or wing bands.
Under this rule, if DATCP's agent tests 25 or more birds, DATCP's agent may forego individual identification if the owner or the owner's agent isolates the test group from other birds in the flock. The owner or the owner's agent must keep the test group isolated until DATCP authorizes their release from isolation. If one or more of the tested birds tests positive for disease, the owner or the owner's agent must submit all of the isolated birds for further testing or disposition.
“Pullorum-Typhoid Clean" Poultry Flocks
Under current rules, poultry used for breeding purposes and poultry eggs used for hatching must originate from a flock that is tested annually and classified “U.S. pullorum-typhoid clean" under the national poultry improvement plan. This rule retains the source flock classification requirement, but eliminates the annual testing requirement. Flock testing must still be consistent with the national poultry improvement plan.
This change will make it possible for a new breeding flock to claim the “U.S. pullorum-typhoid clean" status of its parent flock until the new flock can be tested and certified in its own right. It will also make Wisconsin rules consistent with those of other states and USDA-APHIS.
“Mycoplasma Gallicepticum Clean" Turkey Flocks
Under current rules, turkeys used for breeding purposes and turkey eggs used for hatching must originate from a flock that is tested annually and classified “Mycoplasma gallicepticum clean" under the national poultry improvement plan. This rule retains the source flock classification requirement, but eliminates the annual testing requirement.
Flock testing must still be consistent with the national poultry improvement plan. This change will make it possible for a new breeding flock to claim the “Mycoplasma gallicepticum clean" status of its parent flock until the new flock can be tested and certified in its own right. It will also make Wisconsin rules consistent with those of other states and USDA-APHIS.
Poultry Quarantines
Under current rules, DATCP must quarantine poultry flocks classified as “reactor," “infected" or “suspect" flocks under the national poultry improvement plan. Quarantined birds may only be moved to slaughter. DATCP may release a quarantine following 2 negative flock tests conducted at least 21 days apart.
This rule modifies current quarantine provisions. Under this rule, quarantined birds moved to slaughter must be accompanied by a USDA permit for movement of restricted animals, form VS 1-27. This rule repeals the current requirement for releasing a quarantine (2 negative flock tests at least 21 days apart). Instead, the quarantine order will spell out quarantine release terms, based on surrounding circumstances.
Poultry Diseases; Test Reports
This rule changes current poultry disease reporting requirements, consistent with the national poultry improvement plan:
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Under current rules, a veterinarian who diagnoses pullorum in poultry must report the disease to DATCP within 10 days after it is diagnosed. This rule shortens the reporting deadline from 10 days to one day.
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This rule adds a reporting requirement for mycoplasma meleagridis. Under this rule, a veterinarian who diagnoses this disease in poultry must report the disease to DATCP within one day after it is diagnosed.
Dogs and Cats
Under current rules, a dog or cat imported to Wisconsin must be accompanied by a certificate of veterinary inspection. The certificate must disclose the rabies vaccination status of the animal. If the dog or cat has never been vaccinated, or is due for re-vaccination, it must be vaccinated by a licensed veterinarian within 30 days after it enters the state or within 30 days after it reaches 4 months of age, whichever is later.
The Legislature recently modified the rabies vaccination statute. Under the new statute, a dog or cat may be vaccinated (with an appropriate vaccine) before the animal reaches 4 months of age, and must be vaccinated before the animal reaches 5 months of age. This rule modifies the current rules to conform to the new statute. Under this rule, if an imported dog or cat has never been vaccinated, or is due for re-vaccination, it must be vaccinated by a licensed veterinarian within 30 days after it enters the state or before it reaches 5 months of age, whichever is later.
Fiscal Estimate
The rule will not have a major impact on State or Local government resources. This rule integrates minor state law changes that have already been enacted into rule, and creates consistency within animal health rules, and with federal programs and with other states. Increases in workload will be absorbed by existing staff.
Regulatory Flexibility Analysis
Rule Description
The rule modifies current animal health rules, including rules related to animal disease, animal movement and livestock markets. This rule updates a number of current rules. Among other things, this rule:
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Modifies current disease testing and reporting requirements to reflect the fact that DATCP no longer operates Wisconsin's animal health laboratories (the labs are currently operated by the University of Wisconsin).
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Modifies current import testing requirements for fish, eliminating a whirling testing requirement for salmonid eggs (because no reliable test exists). The testing requirement still applies to live fish.
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Updates bovine tuberculosis import requirements to reflect new federal terminology (no substantive change).
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Makes technical changes to current testing requirements for equine infectious anemia (EIA).
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Modifies current rules related to cervids (including deer and elk):
- Modifies pre-import brucellosis testing requirements to make them consistent with federal Uniform Methods and Rules.
- Modifies pre-import tuberculosis testing requirements to create an exemption for cervids originating from certified tuberculosis-free herds.
- Modifies current TB testing requirements for intrastate movement of captive deer. This rule extends the current testing requirement to white-tail deer (current rules exempt white-tails).
- Requires veterinarians and diagnostic laboratories to report any findings of chronic wasting disease within one day.
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Modifies current testing, identification and classification procedures under voluntary programs to certify poultry flocks fee of pullorum-typhoid and mycoplasma-gallisepticum.
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Modifies current rules related to poultry quarantines. Under this rule, a permit must accompany quarantined birds moved to slaughter. This rule repeals current requirements for quarantine release (2 negative flock tests at least 21 days apart). Instead, the quarantine order will spell out quarantine release terms, based on surrounding circumstances.
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Changes current poultry disease reporting requirements, consistent with the national poultry improvement plan:
- Under current rules, a veterinarian who diagnoses pullorum in poultry must report it to DATCP within 10 days. This rule shortens the reporting deadline from 10 days to one day.
- This rule adds a reporting requirement for mycoplasma meleagridis. A veterinarian who diagnoses this disease must report it to DATCP within one day.
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Modifies current rabies vaccination requirements for imported dogs and cats, based on recent statutory changes. Under this rule, if an imported dog or cat has never been vaccinated, or is due for re-vaccination, it must be vaccinated by a licensed veterinarian within 30 days after it enters the state or before it reaches 5 months of age, whichever is later.
Small Businesses Affected by this Rule
This rule affects livestock owners and veterinarians. Some of these persons are “small businesses" as defined in s.
227.114 (1) (a), Stats.
Effects on Small Business
This rule will have a slight impact on small business. This rule eliminates some unnecessary burdens by making Wisconsin rules more consistent with federal rules. In some cases, this rule imposes slight additional record keeping and reporting requirements on veterinarians, but these requirements are necessary to protect Wisconsin livestock.
Notice of Hearing
The Wisconsin Department of Employee Trust Funds will hold a public hearing to consider a revision of ch.
ETF 50, relating to employer medical certification requirements under the Long-Term Disability Insurance (LTDI) program in accordance with the provisions of s.
227.16 (1), Wisconsin Statutes.
Date, Time and Place of Hearing
Tuesday, June 18, 2002 at 1:00 p.m.
Department of Employee Trust Funds
Room 2A
801 West Badger Road
Madison, Wisconsin.
The public record on this proposed rule making will be held open until 4:30 p.m. on Wednesday, June 19, 2002, to permit the submission of written comments from persons unable to attend the public hearing in person, or who wish to supplement testimony offered at the hearing. Any such written comments should be addressed to Mary Pierick, Department of Employee Trust Funds, 801 West Badger Road, P.O. Box 7931, Madison, Wisconsin 53707-7931.
Analysis Prepared by the Wisconsin Department of Employee Trust Funds
Currently under the LTDI program, an employee is eligible for a LTDI disability benefit from the Wisconsin Retirement System (WRS) if he or she meets certain requirements under ch.
ETF 50, including the requirement to be certified by the employer as having left employment due to an apparent disability. Under ss.
ETF 50.48 (3) and
50.50 (5), the employer is required to provide a medical determination whether the employee is disabled within the meaning of the LTDI subchapter and to certify whether the disability was employment related in cases where the employee did not meet the service requirement.
If the Department receives a certification from the employer indicating that the employee is not disabled within the meaning of the LTDI subchapter or if the employer indicates they have no information on which to base an opinion, the Department is required to deny the application (claim) for LTDI benefits. The application is denied even if the Department receives the required medical documentation from the two required physicians certifying the claimant's disability. The proposed rule will be amended to remove the responsibility of the employer to make a medical determination related to employment and to instead rely on the physicians' medical determinations.
Fiscal Estimate
The proposed rule has no fiscal impact on county, city, village, town, school district, technical college district or sewerage district fiscal liabilities and revenues. The rule itself has no anticipated state fiscal effect during the current biennium and no future side effect on state funds.
Initial Regulatory Flexibility Analysis
The Department anticipates that the provisions of this proposed rule will have no direct adverse effect on small businesses.
Copies of Rule and Contact Persons
Copies of this rule are available without cost by making a request to the Department of Employee Trust Funds, Office of the Secretary, P.O. Box 7931, Madison, Wisconsin 53707, telephone (608) 266-1071. For questions about this rule making, please call Mary Pierick, Division of Insurance Services, at (608) 267-2847.
Notice of Hearings
NOTICE IS HEREBY GIVEN that pursuant to ss.111.09 (1) and (2), 111.11, 111.61, 111.70 (4) (c) 3. b., (4) (cm) 8s. and (8) (c), 111.71 (1) and (2), 111.88 (3) and 111.94 (1) and (2), Stats., and interpreting ch.
111, Stats., Subchapters I (Employment Peace Act); III (Public Utilities); IV (Municipal Employment Relations Act); and V (State Employment Labor Relations Act), the Wisconsin Employment Relations Commission will hold public hearings at the dates, times and places identified below to receive public input regarding the creation, amendment and repeal of rules relating to the administration of Chapter
111, Stats., Subchapters I (Employment Peace Act); III (Public Utilities); IV (Municipal Employment Relations Act); and V (State Employment Labor Relations Act).
The Commission invites the public to attend the hearings and to present verbal and/or written comments regarding the proposed rules. In addition to or instead of verbal testimony, written comments can also be sent directly to the Commission at Wisconsin Employment Relations Commission, P. O. Box 7870. Madison, Wisconsin 53707-7870 postmarked anytime prior to July 26, 2002.
Date, Time and Place of Hearing
Tuesday June 18, 2002 - 10:00 a.m., Room C-106, North Central Technical College, 1000 West Campus Drive, Wausau, WI.
Thursday June 27, 2002 - 10:00 a.m., Room 301-A, City Hall, 200 East Wells Street, Milwaukee, WI.
Friday, June 28, 2002 - 10:00 a.m., Courtroom 2-B, City-County Building, 210 Martin Luther King, Jr. Boulevard, Madison, WI.
Analysis Prepared by the Wisconsin Employment Relations Commission
Introduction
The Wisconsin Employment Relations Commission has undertaken a comprehensive review and revision of its rules concerning procedures in the administration of the following portions of ch.
111, Stats.,
Subchapter I — the (Wisconsin) Employment Peace Act (WEPA)
Subchapter III — concerning Public Utilities
Subchapter IV — the Municipal Employment Relations Act (MERA)
Subchapter V — the State Employment Labor Relations Act (SELRA)
Because the Public Utilities statute was declared to be pre-empted by federal law many years ago in AMALGAMATED ASSOCIATION V. WERB, 340 US 383 (1951), the ERC chapters relating to Subchapter III have been renumbered but otherwise left entirely unchanged. Accordingly, none of the references to rules changes below relate to the rules concerning the Public Utilities statute.
Overall Objectives
The overall objectives of the rules review project have been as follows:
-- correcting/updating outdated statutory references
