Wisconsin
Administrative
Register
No. 486
Publication Date: June 14, 1996
Effective Date: June 15, 1996
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.
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Pages 5 to 12.
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Agriculture, Trade & Consumer Protection:
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Rules relating to potato late blight.
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Corrections:
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Rules relating to supervision fees for probationers and parolees.
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Development:
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Rule relating to the community block grant program.
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Emergency Response Board:
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Rules relating to a fee for transporting hazardous material.
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Employment Relations (Dept.):
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Rule relating to rate of pay as a result of voluntary demotions by employes subject to layoff.
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Gaming Commission:
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Rules relating to simulcasting fees.
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Health & Social Services:
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Community Services, Chs. HSS 30--
Rules relating to treatment foster care for children.
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Health & Social Services:
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Health, Chs. HSS 110--
Rules relating to lead poisoning prevention grants.
Rules relating to authorized action of EMTs-intermediate and -paramedic.
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Health & Social Services:
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Economic Support, Chs. HSS 200--
Rules relating to a benefit cap pilot project under the AFDC program.
Rules relating to the pay for performance program.
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Industry, Labor & Human Relations:
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Uniform Dwellings, Chs. ILHR 20-25
Rules relating to dwellings constructed in flood hazard zones.
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Industry, Labor & Human Relations:
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Building & Heating, etc., Chs. ILHR 50-64
Multi-Family Dwelling, Ch. ILHR 66
Rules delaying energy efficiency revision to chs. ILHR 50-64 and 66.
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Industry, Labor & Human Relations:
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Unemployment Compensation, Ch. ILHR 100-150
Rule relating to a limited waiver of work search requirement.
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Insurance, Commissioner of:
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Rules relating to cost-containment rules.
Rules adopted revising ch. Ins 17, relating to Patients Compensation Fund and Mediation Fund fees. [FIRST APPEARANCE]
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Natural Resources:
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Fish, Game, etc., Chs. NR 1-
Rules relating to sturgeon spearing in Lake Winnebago.
Rules relating to deer hunting permits.
Rules relating to size and bag limits for Lac du Flambeau reservation.
Rules relating to the 1996 deer hunting season.
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Revenue:
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Rules relating to assessment of agricultural property in 1996.
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Transportation (Dept.):
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Rule relating to the federal section 18 program.
Rules relating to seed potato overweight permits.
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Scope Statements.
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Pages 13 to 18.
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Banking, Commissioner of:
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Ch. Bkg 4 - Relating to deposits in other financial institutions.
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Employe Trust Funds:
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ETF code - Relating to forms of payment to be used when the department makes an automatic distribution of a Wisconsin Retirement System (WRS) account.
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Employe Trust Funds:
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ETF code - Relating to conditions under which the department will treat payments received under a court order or compromise settlement as earnings for retirement benefit purposes.
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Employe Trust Funds:
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ETF code - Relating to withdrawal of funds invested in the public employe trust fund by a separate retirement system as permitted by s. 40.03 (1) (n) and (2) (q), Stats.
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Employe Trust Funds:
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ETF code - Relating to procedures by which participating employes may reestablish forfeited service in the Wisconsin Retirement System (WRS) and deadlines for completing purchases of service authorized under ch. 40, Stats.
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Employe Trust Funds:
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ETF code - Relating to signatures on Wisconsin Retirement System (WRS) documents by participants' attorneys-in-fact.
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Funeral Directors Examining Board:
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FD code - Relating to the sale of burial agreements funded with life insurance policies, granting rule-making authority and providing a penalty.
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Insurance, Commissioner of:
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SS. Ins 2.14 and 2.16 - Relating to life insurance illustrations model regulation.
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Insurance, Commissioner of:
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Ch. Ins 24 - Relating to rules concerning unfair trade practices, conflicts of interest and taking unfair advantage of customers by agents.
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Insurance, Commissioner of:
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Ins code - Relating to the establishment of minimum standards for benefits, claims payments, policy forms, marketing practices, compensation arrangements and reporting practices of life insurance policies sold in conjunction with prearranged funeral plans.
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Natural Resources:
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Ch. NR 45 - Relating to general housecleaning.
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Natural Resources:
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NR code - Relating to sharp-tailed grouse hunting rules.
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Natural Resources:
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Chs. NR 20 and 25 - Relating to sport and commercial fishing for yellow perch in Lake Michigan.
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Natural Resources:
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NR code - Relating to trial financial incentive program to retire Lake Superior commercial fishing licenses.
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Natural Resources:
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Ch. NR 110 - Relating to clarification, updating and revisions relating to design requirements for sewerage systems.
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Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 19 to 20.
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Corrections, Dept. of:
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Ch. DOC 326 - Relating to leave for qualified inmates.
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Health & Social Services:
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Ch. HSS 101, 105 and 107 - Relating to the coverage of school-based medical services by the Medical Assistance (MA) program.
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Health & Social Services:
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Ch. HSS 172, 175, 178 and 195 to 198 - Relating to permit fees for public swimming pools, recreational and educational camps, campgrounds, hotels, motels, and tourist rooming houses, restaurants, bed and breakfast establishments and food and beverage vending operations.
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Insurance, Commissioner of:
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S. Ins 14.02 and ch. Ins 51 - Relating to financial standards for insurers.
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Revenue:
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SS. Tax 11.28, 11.46, 11.51 and 11.87 - Relating to the sales and use tax treatment of gifts and other advertising specialties, and the sale of food and beverages.
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Notice Section.
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Pages 21 to 23.
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Health & Social Services:
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Medical Assistance, Chs. HSS 100--
Hearings to consider creation of s. HSS 101.03 (24m), (78m) & (78r), 105.53 and 107.36, relating to coverage of school-based medical services under the Medical Assistance Program.
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Industry, Labor and Human Relations:
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Fire Prevention, Ch. ILHR 14
Hearing to consider amendments to ch. ILHR 14, relating to inspection of fire extinguishing systems.
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Insurance, Commissioner of:
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Hearing to consider ch. Ins 51, relating to financial standards for insurers.
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Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
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Page 24.
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Agriculture, Trade & Consumer Protection:
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Agriculture, Trade & Consumer Protection:
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Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors Examining Board:
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( CR 96-49) - S. A-E 3.05, 4.08, 5.04, 6.05, 9.05
and 10.05
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Dentistry Examining Board:
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Health & Social Services:
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Industry, Labor & Human Relations:
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Industry, Labor & Human Relations:
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Insurance, Commissioner of:
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( CR 96-45) - SS. Ins 17.01, 17.26 and 17.28
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Medical Examining Board:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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( CR 96-20) - SS. NR 10.01, 10.09, 10.117, 11.04
and 15.024
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Revenue:
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Transportation:
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Administrative Rules Filed With the Revisor of Statutes Bureau.
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Page 25.
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Chiropractic Examining Board:
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Elections Board:
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Health & Social Services:
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Industry, Labor & Human Relations:
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( CR 96-5) - SS. Ind 80.60 and 80.64
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Industry, Labor & Human Relations:
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Industry, Labor & Human Relations:
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Insurance, Office of the Commissioner of:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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( CR 95-188) - SS. NR 150.03 and 605.05
and chs. NR 500--
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Natural Resources:
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Natural Resources:
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Regulation & Licensing:
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Regulation & Licensing:
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Regulation & Licensing:
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Tourism:
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( CR 96-48) - SS. Tour 1.02, 1.03 and 1.05
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Public Notices.
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Pages 27 to 29.
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Natural Resources:
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Environmental Protection
Public notice relating to water quality criteria.
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Securities, Commissioner of:
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Public notice of a general order relating to exempting certain offers of securities made on the Internet from securities registration.
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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 Milwaukee Journal Sentinel. 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
Department of Agriculture, Trade & Consumer Protection
Rules were adopted creating s. ATCP 21.15, relating to potato late blight.
Finding of Emergency
The state of Wisconsin Department of Agriculture, Trade and Consumer Protection finds, pursuant to s. 224.24 (1), Stats., that an emergency rule is necessary to preserve the public peace, health, safety or welfare. The following circumstances justify the emergency rule:
1) In recent years, new forms of the highly virulent “Irish potato famine” fungus, Phytophthora infestans, have caused increasingly devastating losses to potato and tomato growers in the United States and Canada. The fungus causes a disease of potato plants which is commonly known as “late blight.”
2) The National Association of State Departments of Agriculture reports that late blight epidemics in 1992, 1993 and 1994 were the worst in decades, and that some individual farm losses have amounted to hundreds of thousands of dollars in a single year. The University of Wisconsin estimates that Wisconsin growers lost up to $10 million in 1994 and $6 million in 1995 due to late blight.
3) The potato industry is one of Wisconsin's most important agricultural industries. In 1995, Wisconsin was the 3rd leading state in the nation in potato production. Cash receipts to Wisconsin potato growers totalled over $150 million in 1995. Potatoes are an important food source for the people of Wisconsin and other states. Potato production also supports important processing and distribution industries in Wisconsin. The uncontrolled spread of late blight would have a devastating impact on Wisconsin potato growers, and would seriously affect the public health, safety and welfare.
4) Late blight appears on potato plant leaves, stems and tubers. It causes foliar lesions which are followed by severe defoliation in wet weather. It can also reduce marketable yield by directly infecting and rotting potato tubers. Once late blight appears, it spreads rapidly and can cause total crop loss.
5) Late blight fungal spores can be carried to other plants by many things, including wind, rain, machinery, workers, wildlife and infected seed potatoes. The University of Wisconsin reports that spores can be transported over 25 miles by storms.
6) There are very few registered fungicides in the United States that are effective in controlling the new forms of late blight fungus.
7) Because of the lack of registered fungicides, and the ease with which the late blight fungus spreads, potato growers must mitigate the spread of the disease by removing sources of the overwintering inoculum. Among other things, potato growers must properly dispose of potato cull piles and potato plants which germinate from waste potatoes.
8) If individual potato growers fail to implement necessary cultural practices to mitigate the spread of late blight, that failure will have a potentially devastating impact on other growers and on the Wisconsin potato industry as a whole.
9) In order to ensure that growers take adequate steps to mitigate the spread of late blight, it is necessary to adopt rules that spell out critical problems and establish sanctions for growers who fail to comply. Because of the imminent threat of harm to the potato industry, rules are urgently needed prior to the 1996 planting and growing season.
10) Under normal rulemaking procedures, it is not possible for the Department to adopt rules prior to the 1996 planting and growing season. Pending the adoption of permanent rules, the following emergency rules are needed to protect the public health, safety and welfare, and to mitigate the spread of late blight during the 1996 planting and growing season.
Publication Date:
May 1, 1996
Effective Date:
May 1, 1996
Expiration Date:
September 28, 1996
Hearing Date:
May 30, 1996
EMERGENCY RULES NOW IN EFFECT
Department of Corrections
Rules were adopted revising ch. DOC 328, relating to the procedure and timing for collecting fees charged for supervision.
Exemption From Finding of Emergency
In section 6360 in 1995 Wis. Act 27, the Legislature directed the Department to promulgate rules required under ss. 304.073 (3) and 304.074 (5), Stats., for supervision fees charged to probationers and parolees, by using the emergency rule-making procedures under s. 227.24, Stats., but without having to make a finding of emergency. These rules will remain in effect until replaced by permanent rules.
Analysis prepared by the Department of Corrections
This rule-making order implements ss. 301.08 (1) (c), 304.073 and 304.074, Stats., establishing the procedure and timing for collecting fees charged for supervision.
Currently, offenders on probation or parole pay no supervision fee. Through this emergency rule making order, the Department will charge offenders on probation and parole a supervision fee. Offenders under administrative or minimum supervision and supervised by the Department will pay a fee sufficient to cover the cost of supervision. Offenders under medium, maximum, or high risk supervision will pay a supervision fee based on the ability to pay.
These rules exempt an offender who is supervised by another state under an interstate compact from paying a Wisconsin supervision fee. An offender who is serving a concurrent sentence of prison and probation or parole is not required to pay the supervision fee while in prison.
These rules authorize the Department to contract with a vendor to provide monitoring of an offender. Offenders who are on monitoring are required to pay a fee sufficient to cover the cost of monitoring, supervision by the Department and cost of administering the contract.
These rules require the Department to establish the rate for supervision and monitoring fees and to provide the offender with the supervision fee schedule.
These rules require offenders to comply with the procedures of the Department or vendor for payment of the supervision or monitoring fee. These rules require the Department to provide the offender with a copy of the procedures for paying the supervision or monitoring fee. These rules permit an offender to pay the supervision fee in monthly installments or in a lump sum.
These rules permit the Department to take certain action for the offender's failure to pay the supervision or monitoring fee. The actions include counseling, wage assignments, review of supervision level, recommendation for revocation of probation or parole and any other appropriate means of obtaining the supervision or monitoring fee.
Publication Date:
December 21, 1995
Effective Date:
January 1, 1996
Expiration Date:
May 30, 1996
Hearing Date:
February 13, 16 & 22, 1996
Extension Through:
July 28, 1996
EMERGENCY RULES NOW IN EFFECT
Development
Rule adopted amending ss. DOD 6.18 (1) and 6.32 (2), relating to the community development block grant portion of the Wisconsin development fund.
Finding of Emergency
The Department of Development finds that an emergency exists and that the attached rule is necessary to the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
On the evening of January 5, 1996, a fire broke out at Stella Foods' cheese processing and packaging plant in the Village of Lena, Wisconsin, resulting in more than $15 million in property damage, more than $10 million in business interruption losses, and the loss of more than 300 full-time equivalent jobs for that small rural community. As a result of the fire, 70 percent of Stella Foods' plant was destroyed, all dairy and cheese processing ground to a halt, and approximately 350 dairy farmers had to find alternative facilities to receive and process their dairy products.
The scope of the Stella Foods fire and resulting damages was exacerbated by the lack of adequate water supply and pressure to fight the fire. To address various water supply, waste water treatment and insurance needs, and to persuade Stella Foods to reconstruct the Lena plant and rehire more than 300 former employees, the Village of Lena needs to replace its 50-year old 40,000 gallon water tank with a new 300,000 gallon water tank at an estimated cost of approximately $890,000, and to upgrade its current waste water treatment plant at an estimated cost of approximately $900,000. Adoption of these emergency rules will allow the Department of Development to provide the Village of Lena with the financial assistance to address the foregoing problems.
Publication Date:
April 3, 1996
Effective Date:
April 3, 1996
Expiration Date:
August 31, 1996
Hearing Date:
May 8, 1996
EMERGENCY RULES NOW IN EFFECT
Emergency Response Board
Rules adopted revising ch. ERB 4, relating to a fee for transporting hazardous material.
Finding of Emergency
