Register

WisLaw_Ad_3-96

Cover_w_new_comp

Wisconsin

Administrative

Register

No. 486

Publication Date: June 30, 1996

Effective Date: July 1, 1996

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 5 to 14.
Agriculture, Trade & Consumer Protection:	Rules relating to potato late blight. Rules adopted revising chs. ATCP 10 to 12, relating to animal health. [FIRST APPEARANCE]
Corrections:	Rules relating to supervision fees for probationers and parolees.
Development:	Rule relating to the community block grant program.
Emergency Response Board:	Rules relating to a fee for transporting hazardous material.
Employment Relations (Dept.):	Rule relating to rate of pay as a result of voluntary demotions by employes subject to layoff.
Gaming Commission:	Rules relating to simulcasting fees.
Health & Social Services:	Community Services, Chs. HSS 30-- Rules relating to treatment foster care for children.
Health & Social Services:	Health, Chs. HSS 110-- Rules relating to authorized action of EMTs-intermediate and -paramedic. Rules adopted revising chs. HSS 172, 175, 178, 195 to 198, relating to permit fees. [FIRST APPEARANCE]
Health & Social Services:	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.
Industry, Labor & Human Relations:	Uniform Dwellings, Chs. ILHR 20-25 Rules relating to dwellings constructed in flood hazard zones.
Industry, Labor & Human Relations:	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.
Industry, Labor & Human Relations:	Unemployment Compensation, Ch. ILHR 100-150 Rule relating to a limited waiver of work search requirement.
Insurance, Commissioner of:	Rules relating to Patients Compensation Fund and Mediation Fund fees.
Natural Resources:	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.
Revenue:	Rules relating to assessment of agricultural property in 1996.
Transportation (Dept.):	Rule relating to the federal section 18 program. Rules relating to seed potato overweight permits.
Scope Statements.	Pages 15 to 17.
Banking, Commissioner of:	Ch. Bkg 6 - Relating to investment in foreign bonds.
Natural Resources:	Ch. NR 20 - Relating to bass fishing regulations.
Natural Resources:	NR Code - Relating to reducing the daily bag limit for panfish from 50 in total to 25 in total on most waters statewide.
Natural Resources:	Ch. NR 520 - Relating to fees - phase II - long-term funding for the solid waste program.
Public Instruction:	S. PI 11.35 (2) (L) - Relating to defining “significant developmental delay” in a way that will promote consistent application throughout the state.
Psychology Examining Board:	Psy Code - Relating to revising the passing score for the written examination in basic and applied psychology, repealing requiring undergraduate transcripts for licensure applications and defining applications as abandoned if applicant does not respond to an application request for additional information within one year.
Securities, Commissioner of:	SEC Code - Relating to the Wisconsin Uniform Securities Law and the Wisconsin Franchise Investment Law.
Transportation:	Ch. Trans 276 - Relating to adding one highway segment to the long truck route network.
Transportation:	Chs. Trans 253, 255 and 259 - Relating to permits for oversize/overweight loads.
Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Page 18.
Chiropractic Examining Board:	Chs. Chir 6 and 11 - Relating to minimum standards of patient recordkeeping by chiropractors.
Industry, Labor & Human Relations:	Chs. ILHR 20 and 21 - Relating to construction of one- and two-family dwellings in flood hazard zones.
Industry, Labor & Human Relations:	Chs. ILHR 20 and 21 - Relating to soil erosion requirements in the uniform dwelling code.
Natural Resources:	S. NR 20.038 - Relating to special size bag limits for the Lac du Flambeau reservation.
Natural Resources:	Ch. NR 10 - Relating to the 1996 migratory game bird season.
Natural Resources:	SS. NR 25.03 and 25.06 - Relating to commercial fishing licenses and lake trout quotas on Lake Superior.
Notice Section.	Pages 19 to 22.
Industry, Labor and Human Relations:	Uniform Dwellings, Chs. ILHR 20-25 Hearing to consider revision to chs. ILHR 20 and 21, relating to one- and 2-family dwellings in flood hazard zones. Hearing to consider revision to chs. ILHR 20 and 21, relating to soil erosion requirements.
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Hearings to consider revision to s. NR 10.01, relating to the 1996 migratory game bird season. Hearing to consider amendment to s. NR 20.038, relating to special size and bag limits for the Lac du Flambeau reservation. Hearing to consider amendments to ss. NR 25.03 and 25.06, relating to commercial fishing licenses and lake trout quotas on Lake Superior.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 23.
Administration:	(CR 95-233) - Ch. Adm 25
Health & Social Services:	(CR 96-36) - Chs. HSS 201 and 206
University of Wisconsin System:	(CR 96-31) - SS. UWS 18.02 and 18.06
Administrative Rules Filed With the Revisor of Statutes Bureau.	Page 24.
Agriculture, Trade & Consumer Protection:	(CR 95-14) - Ch.ATCP 123
Agriculture, Trade & Consumer Protection:	(CR 95-146) - Ch.ATCP 116
Corrections, Dept. of:	(CR 95-227) - Ch. DOC 328
State Emergency Response Board:	(CR 95-216) - Ch. ERB 5
Transportation:	(CR 94-202) - S. Trans 201.16 (2) (e)
Transportation:	(CR 94-197) - Ch. Trans 104
Rules Published in this Wisconsin Administrative Register.	Page 25.
Dentistry Examining Board:	(CR 95-218) - SS. DE 2.03 (1) (intro.) and (2) and 5.02 (18)
Elections Board:	(CR 96-12) - S. ElBd 6.04
Funeral Directors Examining Board:	(CR 95-63) - SS. FD 2.04, 2.10 and 2.13
Health & Social Services:	(CR 95-113) - Ch. HSS 94
Health & Social Services:	(CR 95-198) - Ch. HSS 182
Industry, Labor & Human Relations:	(CR 95-199) - Chs. ILHR 51, 57 and 66
Industry, Labor & Human Relations:	(CR 95-231) - Chs. ILHR 41-42
Insurance, Office of the Commissioner of:	(CR 96-10) - S. Ins 18.13 (5)
Insurance, Office of the Commissioner of:	(CR 96-11) - S. Ins 18.07 (5) (b) and (bg) 1 and 2
Medical Examining Board:	(CR 95-173) - SS. Med 4.03 and 4.06
Natural Resources:	(CR 95-12) - Ch. NR 323
Natural Resources:	(CR 95-149) - SS. NR 116.03, 116.12 and 116.13
Natural Resources:	(CR 95-188) - SS. NR 150.03 and 605.05 and chs. NR 500--
Natural Resources:	(CR 95-192) - Ch. NR 400
Natural Resources:	(CR 95-193) - Chs. NR 161, 162, 163 and 165
Regulation & Licensing:	(CR 95-163) - Chs. RL 80 to 87 and the Uniform Standards of Professional Appraisal Practice
Regulation & Licensing:	(CR 95-205) - Ch. RL 127
Revenue:	(CR 95-209) - S. Tax 12.07 (2) (b)
Transportation:	(CR 96-4) - Ch. Trans 112
Final Regulatory Flexibility Analyses.	Pages 26 to 29.
Dentistry Examining Board:	(CR 95-218) - SS. DE 2.03 (1) (intro.) and (2) and 5.02 (18)
Elections Board:	(CR 96-12) - S. ElBd 6.04
Funeral Directors Examining Board:	(CR 95-63) - SS. FD 2.04, 2.10 and 2.13
Health & Social Services:	(CR 95-113) - Ch. HSS 94 and s. HSS 96.04
Health & Social Services:	(CR 95-198) - Ch. HSS 182
Industry, Labor & Human Relations:	(CR 95-199) - Chs. ILHR 51, 57 and 66
Industry, Labor & Human Relations:	(CR 95-231) - Chs. ILHR 41-42
Insurance, Office of the Commissioner of:	(CR 96-10) - S. Ins 18.13 (5)
Insurance, Office of the Commissioner of:	(CR 96-11) - S. Ins 18.07 (5) (b) and (bg) 1 and 2
Medical Examining Board:	(CR 95-173) - SS. Med 4.03 and 4.06
Natural Resources:	(CR 95-12) - Ch. NR 323
Natural Resources:	(CR 95-149) - SS. NR 116.03, 116.12 and 116.13
Natural Resources:	(CR 95-188) - SS. NR 150.03 and 605.05 and chs. NR 500--
Natural Resources:	(CR 95-192) - Chs. NR 400 series
Natural Resources:	(CR 95-193) - Chs. NR 161, 162, 163 and 165
Regulation & Licensing:	(CR 95-163) - Chs. RL 80 to 87 and the Uniform Standards of Professional Appraisal Practice
Regulation & Licensing:	(CR 95-205) - Ch. RL 127
Revenue:	(CR 95-209) - S. Tax 12.07 (2) (b)
Transportation:	(CR 96-4) - Ch. Trans 112
Executive Orders.	Page 30.
Executive Order 283:	Relating to the Transfer to the Department of Administration of Responsibilities for Higher Educational Aids Programs Currently Assigned to the Higher Educational Aids Board and to the Transfer to the Department of Administration of Responsibilities for the regulation of Proprietary schools and the Approval of Schools and Courses of Instruction for the Training of Veterans Receiving Assistance from the Federal Government Currently Assigned to the Educational Approval Board and to the Creation of the Higher Education Aids Council and the Educational Approval Council.
Executive Order 284:	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 Late Paul Brehm of the Wisconsin Department of Transportation and the Late Ralph Jungbluth of the Waukesha County Highway Department.
Public Notices.	Pages 31 to 36.
Health & Social Services:	Public notice relating to eligibility and benefits for Aid to Families with Dependent Children (AFDC) two-tier demonstration project.
Health & Social Services:	Public notice relating to Medical Assistance (MA) reimbursement of providers of rural health clinic services.
Health & Social Services:	Public notice relating to Medical Assistance (MA) reimbursement of providers of prenatal care coordination services.
Health & Social Services:	Public notice relating to Medical Assistance (MA) reimbursement of nursing homes.
Health & Social Services:	Public notice relating to Medical Assistance (MA) reimbursement of hospitals.

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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 (2)

Department of Agriculture, Trade & Consumer Protection

1.   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

2. Rules adopted revising chs. ATCP 10 to 12, relating to animal health.

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:

(1) 1995 Wis. Act 79 was published December 8, 1995. Under its provisions, no person may keep farm-raised deer in Wisconsin after June 1, 1996, unless that person is registered with the department.

(2) 1995 Wis. Act 79 requires the department to adopt rules which specify the fee for registration. In addition, rules are necessary to establish the mechanism for registration.

(3) Prior to 1995 Wis. Act 79, persons who kept farm-raised deer were required to be licensed by the department of natural resources (DNR). Many persons who keep farm-raised deer will have become licensed with DNR for calendar year 1996. Those licenses will be transferred to the department as registrations.

(4) Permanent rules implementing 1995 Wis. Act 79 will not take effect until on or about January 1, 1997. This emergency rule establishes an interim procedure for registering herds of farm-raised deer, pending the effective date of the permanent rules. Without this emergency rule, no person would be able to start a farm-raised deer herd in Wisconsin between June 1, 1996, and the effective date of the permanent rules, because there would be no way to register that herd.

(5) 1995 Wis. Act 79 also requires animal owners to provide a means of testing those animals for tuberculosis without endangering the animal or the person performing the test. In addition, a non-statutory provision of that Act requires all keepers of farm-raised deer to have the deer tested for tuberculosis between December 8, 1995, and June 30, 1997.

(7) Concerns for the safety of farm-raised deer during testing prohibit testing during significant periods of the year. For example, deer should not be tested during the birthing season, the rut season and the season in which the animals are in velvet. Therefore testing is restricted to periods in late August to early October or during January and February.

(8) The department anticipates that many keepers of farm-raised deer will perform their testing in July, August or September of 1996, before a permanent rule can be adopted. This emergency rule establishes three alternative ways in which the animal owner can insure the safety of the persons doing the testing. This is necessary to insure the safety of the person conducting the test and to permit the keeper of farm-raised deer to know what constitutes adequate restraint of the animals.

(9) In September, 1995, the United States department of agriculture adopted new regulations relating to identification and slaughter shipment of bovines or cervidae which are reactors or suspects for bovine tuberculosis. Wisconsin's current administrative rules are in conflict with the current federal regulations. This emergency rule will make Wisconsin's rules consistent with the federal regulations, so that persons who comply with federal law will not be placed in violation of state law.

(10) In March 1996, the department was advised by the United States department of agriculture that the Russian federation intends to prohibit shipment of poultry meat into the Russian federation from any state which does not require veterinarians to report the presence of specific poultry diseases to the state animal health agency. Wisconsin's current administrative rules do not require reporting of 5 of the diseases which concern the Russian federation.