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Wisconsin
Administrative
Register
No. 518
Publication Date: February 28, 1999
Effective Date: March 1, 1999
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
StatsNewsRelease_J14
The 1997-98 Wisconsin Statutes and Annotations can be ordered now in bound volumes or on the WisLawTM CD-ROM
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TOCFEB
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 7 to 18.
Agriculture, Trade and Consumer Protection:
Rules relating to grade standards for Colby and Monterey Jack cheese.
Rules relating to fish farms and imports of live fish and fish eggs.
Commerce:
Flammable and Combustible Liquids, Ch. Comm 10
Rules relating to storage tanks.
Commerce:
Uniform Dwelling, Chs. Comm 20-25
Rule adopted delaying the effective date of the latest revisions to chs. Comm 20-25.
Commerce:
PECFA Interagency Responsibilities, Ch. Comm 46
Rules relating to interagency responsibilities with PECFA.
Commerce:
Rental Unit Energy Efficiency, Ch. Comm 67
Rules relating to rental unit energy efficiency.
Commerce:
Resources for Communities, etc., Chs. Comm 105-128
Rules relating to the Wisconsin Promise Challenge Grant Program.
Rules adopted revising ch. Comm 113, relating to volume cap on tax-exempt private activity bonds. [FIRST APPEARANCE]
Corrections:
Rules relating to search and seizure of probationers and parolees.
Rules relating to absconders.
Rules relating to chemical castration of child sex offenders.
Emergency Response Board:
Rule adopted relating to reporting requirements for fuel present at 10,000 pounds or more at gas stations.
Financial Institutions:
Banking
Rules relating to mortgage banking.
Health & Family Services:
Management & Technology, etc., Chs. HFS 1--
Rules relating to reporting and investigating caregiver misconduct.
Rules relating to caregiver background checks.
Rules relating to criminal background checks.
Health & Family Services:
Community Services, Chs. HSS/HFS 30--
Rules relating to searches at the Wisconsin Resources Center.
Health & Family Services:
Health, Chs. HSS/HFS 110--
Rules relating to removal of lead-based paint.
Rules relating to the Health Insurance Risk-Sharing Plan.
Rules adopted relating to neonatal intensive care training grants.
Insurance, Commissioner of:
Rules relating to delaying effective date for NAIC valuation of life insurance policies.
Rules adopted relating to guarantee issue eligibility for Medicare Supplement insurance.
Natural Resources:
Fish, Game, etc., Chs. NR 1-
Rules relating to reservations for state parks, forests and other lands.
Rules relating to deer hunting in Unit 67A.
Rules relating to sport fishing for yellow perch in Sauk creek.
Rules adopted amending s. NR 20.33 (5), relating to special closure of sturgeon spearing season. [FIRST APPEARANCE]
Public Instruction:
Rule adopted relating to alternative teaching permits.
Public Service Commission:
Rules relating to sewer main extension cost recovery.
Regulation & Licensing:
Rules relating to regulation of home inspectors.
Rules relating to music, art and dance therapists.
See Financial Institutions--Banking.
Revenue:
Rules relating to use of an alternative apportionment method.
Veterans Affairs:
Rules relating to expenditure limit for dentures.
Workforce Development:
Economic Support, Chs. DWD 11 to 59
Rules relating to background checks for day care providers.
Rules relating to child support.
Workforce Development:
Prevailing Wage Rates, Chs. DWD 290 to 294
Rules relating to annual adjustment of estimated project costs.
Scope Statements.
Pages 19 to 20.
Commerce:
Ch. Comm 5 - Relating to issuance, renewal and revocation of credentials.
Commerce:
Ch. Comm 83 - Relating to private sewage systems.
Wisconsin Emergency Management:
Ch. ERB 6 - Relating to reimbursement procedures for regional and local hazardous materials response teams.
Natural Resources:
S. NR 812.05 - Relating to injection of substances into drillholes.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.

Pages 21 to 23.
Agriculture, Trade & Consumer Protection:
Chs. ATCP 10 & 11 - Relating to paratuberculosis.
Commerce:
Ch. Comm 46 - Relating to the Petroleum Environmental Cleanup Fund interagency responsibilities.
Health & Family Services:
Ch. HFS 114 - Relating to neonatal intensive care unit training grants.
Health & Family Services:
Ch. HFS 75 - Relating to standards for community substance abuse prevention and treatment services.
Natural Resources:
Chs. NR 10, 15 & 27 - Relating to hunting and trapping regulations.
Natural Resources:
Chs. NR 20, 21, 23 & 26 - Relating to fishing regulations for inland, outlying and boundary waters and fish refuges.
Natural Resources:
Chs. NR 150 & 170 - Relating to power plant siting.
Natural Resources:
Ch. NR 169 - Relating to dry cleaner environmental response program.
Natural Resources:
Chs. NR 409, 439 & 484 - Relating to incorporating federal nitrogen oxides (NOx) emission requirements into the Department's air pollution control program.
Public Defender:
S. PD 6.04 95) - Relating to multiple appointments on the same case.
Public Instruction:
Ch. PI 3 - Relating to teacher education program approval and licenses.
Revenue:
Ch. Tax 11 - Relating to sales and use tax treatment of gross receipts and sales price, manufacturing exemption and motor vehicles.
Notices of Hearings or of Proposed Rules.
Pages 24 to 51.
Agriculture, Trade and Consumer Protection:
Hearing to consider revision to chs. ATCP 29 and 40, relating to agricultural chemical cleanup surcharge fees.
Hearings to consider revision of chs. ATCP 10 & 11, relating to paratuberculosis in cattle and goats.
Commerce:
Explosive Materials, Ch. Comm 7
Hearings to consider revision to ch. Comm 7, relating to explosive materials.
Commerce:
PECFA Interagency Responsibilities, Ch. Comm 46
Hearing to consider ch. Comm 46, relating to Petroleum Environmental Cleanup Fund Interagency Responsibilities.
Emergency Management:
Hearings to consider s. ERB 1.04 (8), relating to inventory reporting for petroleum marketing facilities.
Employe Trust Funds:
Hearing to consider s. ETF 20.35, relating to dividing WRS accounts and annuities per qualified domestic relations orders.
Health & Family Services:
Health, Chs. HFS 110-
Hearing to consider revision to ch. HFS 119, relating to the Health Insurance Risk-Sharing Plan.
Natural Resources:
Hearing to consider ch. Comm 46 jointly adopted as an emergency rule by the Departments of Commerce and Natural Resources.
Fish, Game, etc., Chs. NR 1-
Hearing to consider revision to s. NR 20.33, relating to special closure of the sturgeon spearing season.
Hearings to consider revision to chs. NR 10, 15 & 27, relating to hunting and trapping and chs. NR 20, 21, 23 & 26, relating to fishing.
Natural Resources:
Environmental Protection-General, Chs. NR 100-
Hearing to consider repeal of s. NR 150.03 (8)(a)1. and ch. NR 170, relating to power plant siting.
Hearings to consider creation of ch. NR 169, relating to the dry cleaner environmental response program.
Natural Resources:
Environmental Protection-Air Pollution Control,
Chs. NR 400-
Hearing to consider revision to chs. NR 409, 439 and 484, relating to the acid rain permit program.
Public Defender:
Hearing to consider s. PD 6.04, relating to multiple appointments on the same case.
Public Instruction:
Hearings to consider revision of ch. PI 3 and repeal of ch. PI 4, relating to teacher education program approval and licenses.
Public Service Commission:
Hearing to consider revision of ch. PSC 160, relating to universal service fund rules.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.


Page 52.
Agriculture, Trade & Consumer Protection:
(CR 98-123) - Chs. ATCP 10 & 11
Agriculture, Trade & Consumer Protection:
(CR 98-152) - Chs. ATCP 10 to 12
Health & Family Services:
(CR 98-127) - Ch. HFS 98
Health & Family Services:
(CR 98-155) - Ch. HFS 163
Insurance:
(CR 98-186) - Ch. Ins 51
Natural Resources:
(CR 98-146) - Ch. NR 167
Natural Resources:
(CR 98-148) - Chs. NR 20 & 21
Natural Resources:
(CR 98-151) - Ch. NR 809
Natural Resources:
(CR 98-162) - Ch. NR 410
Natural Resources:
(CR 98-176) - Ch. NR 47
Regulation & Licensing:
(CR 98-135) - Chs. RL 120 to 126
Revenue:
(CR 98-171) - Ch. Tax 11
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 53.
Agriculture, Trade & Consumer Protection:
(CR 98-118) - Ch. ATCP 30
Transportation:
(CR 98-167) - Ch. Trans 200
Veterans Affairs:
(CR 98-165) - Ch. VA 2
Rules Published in this WIs. Adm. Register..
Page 54.
Commerce:
(CR 98-99) - Chs. Comm 2 & 67
Commerce:
(CR 98-100) - Ch. Comm 32
Commerce:
(CR 98-103) - Chs. Comm 16, 51, 52, 54, 56, 58 & 64
Health & Family Services:
(CR 97-47) - Ch. HFS 127
Hearing and Speech Examining Board:
(CR 98-115) - Chs. HAS 1-8
Natural Resources:
(CR 98-73) - Chs. NR 191 & 192
Natural Resources:
(CR 98-84) - Ch. NR 10
Natural Resources:
(CR 98-85) - Ch. NR 10
Public Instruction:
(CR 98-112) - Ch. PI 35
Public Instruction:
(CR 98-113) - Ch. PI 38
Railroads:
(CR 97-83) - Ch. RR 1
Railroads:
(CR 97-84) - Ch. RR 3
Regulation & Licensing:
(CR 98-116) - Chs. RL 90 to 94
Transportation:
(CR 98-131) - Ch. Trans 400
Transportation:
(CR 98-140) - Ch. Trans 309
Sections Affected by Rule Revisons & Corrections.
Pages 55 to 57.
Revisions
Commerce (Fee Schedule, Ch. Comm 2):
Ch. Comm 2
Commerce (Electrical, Volume 2, Ch. Comm 16):
Ch. Comm 16
Commerce (Employe Safety & Health Standards, Ch. Comm 32):
Ch. Comm 32
Commerce (Building & Heating, etc., Chs. Comm 50-64):
Chs. Comm 51, 54, 56, 58 & 64
Commerce (Rental Unit Energy Efficiency, Ch. Comm 67):
Ch. Comm 67
Health & Family Services (Health, Chs. HFS 110-):
Ch. HFS 127
Hearing & Speech Examining Board:
Chs. HAS 1-3 & 6-8
Natural Resources (Fish, Game, etc., Chs. NR 1-):
Ch. NR 10
Natural Resources (Environmental Protection-General,
  Chs. NR 100-):
Chs. NR 191 & 192
Public Instruction:
Chs. PI 35 & 38
Railroads:
Chs. RR 1 & 3
Regulation & Licensing:
Chs. RL 90-94
Transportation:
Chs. Trans 309 & 400
Editorial Corrections
Commerce (Fee Schedule, Chs. Comm 2):
Ch. Comm 2
Commerce (Flammable & Combustible Liquids, Ch. Comm 10):
Ch. Comm 10
Commerce (Smoke Detectors, Ch. Comm 28):
Ch. Comm 28
Commerce (Fire Department Safety & Health Standards,
  Ch. Comm 30):
Ch. Comm 30
Health & Family Services (Community Services, Chs. HFS 30-):
Ch. HFS 45
Insurance:
Chs. Ins 4 & 5
Natural Resources (Fish, Game, etc., Chs. NR 1-):
Ch. NR 10
Errata
Commerce (Petroleum Environmental Cleanup Fund,
  Ch. Comm 47):
Ch. Comm 47
Financial Institutions (Securities):
Ch. DFI-Sec 9
Health & Family Services (Community Services, Chs. HFS 30-):
Ch. HFS 46
Final Regulatory Flexibility Analyses.
Pages 58 to 59.
Commerce:
(CR 98-99) - Ch. Comm 67
Commerce:
(CR 98-103) - Chs. Comm 50-64
Commerce:
(CR 98-100) - Ch. Comm 32
Health & Family Services:
(CR 97-47) - Ch. HFS 127
Hearing and Speech Examining Board:
(CR 98-115) - Chs. HAS 1-3 & 6-8
Natural Resources:
(CR 98-73) - Chs. NR 191 & 192
Natural Resources:
(CR 98-84) - Ch. NR 10
Natural Resources:
(CR 98-85) - Ch. NR 10
Public Instruction:
(CR 98-112) - Ch. PI 35
Public Instruction:
(CR 98-113) - Ch. PI 38
Railroad Commissioner:
(CR 97-83) - Ch. RR 1
Railroad Commissioner:
(CR 97-84) - Ch. RR 3
Regulation & Licensing:
(CR 98-116) - Chs. RL 90-94
Transportation:
(CR 98-131) - Ch. Trans 400
Transportation:
(CR 98-140) - Ch. Trans 309
Executive Orders.
Page 60.
Executive Order 360:
Relating to the Continued Existence of Certain Nonstatutory Committees.
Executive Order 361:
Relating to the Creation of the Governor's Task Force on Building Tomorrow's Workforce.
Executive Order 362:
Relating to a Special Election for the Thirty-Fifth Assembly District.
Executive Order 363:
Relating to the Creation of a State Rehabilitation Council.
emer518
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 (2)
Agriculture, Trade & Consumer Protection
1.   Rules adopted amending ss. ATCP 81.50 (2), 81.51 (2), and 81.52 (2), relating to grade standards for colby and monterey (jack) cheese.
Finding of Emergency
The state of Wisconsin department of agriculture, trade and consumer protection (DATCP) finds that an emergency exists and that an emergency rule is necessary for economic reasons to protect the public welfare of the citizens of Wisconsin. The facts constituting the emergency are as follows:
(1) DATCP has adopted standards for grades of cheese manufactured and sold in Wisconsin under s. 97.177, Stats., and ch. ATCP 81, Wis. Adm. Code. Any cheese which carries a state grade mark must conform to the standards and characteristics of the labeled grade.
(2) Under current rules, colby and monterey (jack) cheese must contain numerous mechanical openings in order to be labeled or sold as Wisconsin certified premium grade AA or Wisconsin grade A (Wisconsin state brand).
(3) Changes in cheese manufacturing technology, packaging and equipment have made it extremely difficult for many processors and packagers to achieve the numerous mechanical openings or open body character required by these top two grade categories. A majority of today's wholesale buyers and packagers prefer a closed body cheese for a variety of reasons, including ease of shredding and the ability to package “exact-weight” pieces with minimal variation and waste.
(4) Currently, a closed body cheese may be labeled or sold as Wisconsin grade B or “not graded.” It cannot be labeled or sold as Wisconsin certified premium grade AA or Wisconsin grade A (Wisconsin state brand), nor can it command the premium price associated with these top two grade categories.
(5) Wisconsin is the only state with its own grade standards for colby and monterey (jack) cheese. The United States Department of Agriculture modified its grade standards for colby and monterey jack cheese in 1995 and 1996, respectively, in response to industry requests to allow an open or closed body. Buyers who cannot obtain the desired graded product in Wisconsin will likely switch to suppliers from other states. Once customers are lost they are difficult to regain.
(6) Wisconsin's dairy industry plays a major role in our state's economy. Approximately $3 billion or 90% of Wisconsin's milk production goes into the manufacture of cheese. Lost business revenues harm the dairy industry, cause increased unemployment, and have a negative impact on the state's economy.
(7) Pending the adoption of rules according to the normal administrative rulemaking procedures, it is necessary to adopt emergency rules under s. 227.24, Stats. to protect the public welfare based on an economic emergency for the state's dairy industry and the subsequent impact on the general economy and citizens of this state.
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