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Wisconsin
Administrative
Register
No. 525
Publication Date: September 30, 1999
Effective Date: October 1, 1999
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 10.
Agriculture, Trade and Consumer Protection:
Rule relating to drug residues in raw milk.
Rules relating to security of dairy plant payments to milk producers.
Commerce:
PECFA Interagency Responsibilities, Ch. Comm 46
Rules relating to interagency responsibilities with PECFA.
Commerce:
Resources for Communities, etc., Chs. Comm 105-128
Rules relating to the Wisconsin Development Zone Program.
Rules relating to certified capital companies.
Employment Relations Commission:
Rules relating to calculation of minimum qualified economic offers for school district employes.
Geologists, Hydrologists & Soil Scientists Examining Board:
Rules relating to registration and regulation of geologists, hydrologists and soil scientists.
Health & Family Services:
Medical Assistance, Chs. HFS 100-108
Rules relating to operation of the BadgerCare health insurance program.
Rule relating to certification of specialized medical vehicle providers.
Health & Family Services:
Health, Chs. HFS 110-
Rules relating to the Health Insurance Risk-Sharing Plan (HIRSP).
Rules relating to distribution of closed nursing home beds to a veterans' nursing home.
Higher Educational Aids Board:
Rules relating to the Minority Teacher Loan Program.
Natural Resources:
See emergency rules relating to Comm 46.
Natural Resources:
Fish, Game, etc,. Chs. NR 1-
Rules adopted revising ch. NR 10, relating to the 1999 migratory game bird season. [FIRST APPEARANCE]
Natural Resources:
Environmental Protection-Water Regulation,
Chs. NR 300-
Rules relating to determination of navigability in farm ditches.
Rules relating to ski jumps and platforms.
Scope Statements.
Pages 11 to 12.
Financial Institutions --Credit Unions:
Ch. DFI-CU 52 - Relating to credit union examinations.
Financial Institutions --Credit Unions:
Ch. DFI-CU 64 - Relating to public inspection and copying of records of the Office of Credit Unions.
Natural Resources (Fish, Game, etc., Chs. NR 1--):
NR Code - Relating to Department review of local hunting, fishing and trapping ordinances .
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Ch. NR 29 - Relating to the funding for the Natural Heritage Inventory Program (NIH).
Revenue:
Ch. Tax 20 - Relating to the administration of the lottery and gaming property tax credit.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Page 13.
Elections Board:
SS. ElBd 7.01 to 7.03 - Relating to approval, testing and revocation of approval of electronic voting systems.
Notices of Hearings or of Proposed Rules.
Pages 14 to 18.
Agriculture, Trade and Consumer Protection:
Hearings to consider revision to ch. ATCP 105, relating to motor fuel sales below cost.
Elections Board:
Proposed revision to ch. ElBd 7, relating to electronic voting systems.
Higher Educational Aids Board:
Hearing to consider both the emergency rule and permanent rule revision to s. HEA 11.03, relating to the eligibility criteria for participation in the Minority Teacher Loan Program.
Medical Examining Board:
Hearing to consider revision to chs. Med 1 & 2, relating to computer-based examinations.
Natural Resources:
Fish, Game, etc., Chs. NR 1-
Hearing to consider emergency rules revising ch. NR 10, relating to the 1999 migratory game bird season.
Nursing, Board of:
Hearing to consider s. N 8.06 (1), relating to prescribing limitations for advanced practice nurse prescribers.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 19.
Commerce:
(CR 99-80) - Ch. Comm 83
Employment Relations:
(CR 99-110) - S. ER 1.02 and chs. ER 18 and 29
Employment Relations--Merit Recruitment and Selection:
(CR 99-111) - SS. ER-MRS 1.02, 11.03, 22.11 and 34.08
and ch. ER-MRS 16
Health and Family Services:
(CR 99-81) - Ch. HFS 115
Natural Resources:
(CR 98-180) - SS. NR 200.03 and 206.03
Natural Resources:
(CR 98-196) - Chs. NR 105, 106 and 211
and s. NR 215.06
Natural Resources:
(CR 99-25) - Ch. NR 169
Natural Resources:
(CR 99-44) - S. NR 20.09 (2)
Natural Resources:
(CR 99-47) - Chs. NR 6, 8, 50, 60 and 64
Natural Resources:
(CR 99-82) - S. NR 45.10
Natural Resources:
(CR 99-83) - Chs. NR 40, 41 and 45
Natural Resources:
(CR 99-97) - S. NR 10.01
Pharmacy Examining Board:
(CR 98-187) - S. Phar 7.10
Transportation:
(CR 99-91) - SS. Trans 213.02 and 213.03
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 20.
Commerce:
(CR 99-48) - Ch. Comm 14
Commerce:
(CR 99-65) - Chs. Comm 11, 12, 13, 40 and 43
Dentistry Examining Board:
(CR 99-16) - Ch. DE 7
Natural Resources:
(CR 98-197) - Ch. NR 200
Natural Resources:
(CR 99-46) - S. NR 485.04
Natural Resources:
(CR 99-84) - SS. NR 46.15 and 46.30
Revenue:
(CR 97-128) - SS. Tax 11.03 and 11.11
Revenue:
(CR 99-76) - S. Tax 11.51
Transportation:
(CR 99-63) - Ch. Trans 2
Rules Published in this Wis. Adm. Register.
Page 21.
Agriculture, Trade and Consumer Protection:
(CR 98-142) - Chs. HSS 165 and ATCP 77
Agriculture, Trade and Consumer Protection:
(CR 99-18) - Chs. ATCP 10 and 11
Chiropractic Examining Board:
(CR 98-192) - Chs. Chir 1 to 4 and 7 and
ss. Chir 6.02 and 9.04
Commerce:
(CR 97-117) - Ch. Comm 1
Commerce:
(CR 99-50) - Chs. Comm 16 and 17
Health and Family Services:
(CR 98-71) - Ch. HFS 90
Insurance, Commissioner of:
(CR 99-70) - SS. Ins 17.01, 17.275 and 17.28
Natural Resources:
(CR 98-41) - S. NR 25.06 (2) (c) 1.
Natural Resources:
(CR 99-24) - SS. NR 10.01, 10.145, 10.31, 15.022,
15.024, 15.03 and 27.03
Natural Resources:
(CR 99-42) - SS. NR 10.01, 10.106, 10.13, 10.24, 15.03
and 19.07
Revenue:
(CR 99-35) - S. Tax 1.12
Sections Affected by Rule Revisions and Corrections.
Pages 22 to 25.
REVISIONS
Agriculture, Trade and Consumer Protection:
Chs. ATCP 10, 11 and 77
Chiropractic Examining Board:
Chs. Chir 1 to 4, 6, 7 and 9
Commerce (Environmental Analysis and Review Procedures for Department Actions, Ch. Comm 1):

Ch. Comm 1
Commerce (Electrical Code, Ch. Comm 16):
Ch. Comm 16
Commerce (Electrical Inspection, Ch. Comm 17):
Ch. Comm 17
Commerce (Financial Resources for Businesses and Communities, Chs. Comm 105 to 128):

Ch. Comm 107
Health and Family Services (Community Services, Chs. HFS 30--):
Ch. HFS 90
Health and Family Services (Health, Chs. HFS/HSS 110--):
Ch. HSS 165
Insurance, Commissioner of:
Ch. Ins 17
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Chs. NR 10, 15, 19, 25 and 27
Revenue:
Ch. Tax 1
EDITORIAL CORRECTIONS
Administration:
Ch. Adm 65
Agriculture, Trade and Consumer Protection:
Ch. ATCP 151
Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors Examining Board:


Ch. A-E 9
Commerce (Electrical Code, Ch. Comm 16):
Ch. Comm 16
Commerce (Rental Unit Energy Efficiency, Ch. Comm 67):
Ch. Comm 67
Commerce (Financial Resources for Businesses and Communities, Chs. Comm 105 to 128):

Ch. Comm 114
Financial Institutions--Banking:
Chs. DFI-Bkg 40, 42 and 43
Health and Family Services (Community Services, Chs. HFS 30--):
Chs. HFS 90, 92 and 96
Health and Family Services (Health, Chs. HFS/HSS 110--):
Chs. HFS 122, 133, 152 to 154, 158 to 160 and HSS 165
Insurance, Commissioner of:
Chs. Ins 17 and 22
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Chs. NR 1, 10, 19 and 27
Revenue:
Ch. Tax 1
Technical College System:
Chs. TCS 4 and 10
ERRATA
Agriculture, Trade and Consumer Protection:
Ch. ATCP 31
Final Regulatory Flexibility Analyses.
Pages 26 to 30.
1. Agriculture, Trade and Consumer Protection:
(CR 98-142) - Chs. HSS 165 and ATCP 77
2. Agriculture, Trade and Consumer Protection:
(CR 99-18) - Chs. ATCP 10 and 11
3. Chiropractic Examining Board:
(CR 98-192) - Chs. Chir 1 to 4 and 7 and
ss. Chir 6.02 and 9.04
4. Commerce:
(CR 97-117) - Ch. Comm 1
5. Commerce:
(CR 99-50) - Chs. Comm 16 and 17
6. Health and Family Services:
(CR 98-71) - Ch. HFS 90
7. Insurance, Commissioner of:
(CR 99-70) - Ch. Ins 17
8. Natural Resources:
(CR 99-24) - SS. NR 10.01, 10.145, 10.31, 15.022,
15.024, 15.03 and 27.03
9. Natural Resources:
(CR 99-42) - SS. NR 10.01, 10.106, 10.13, 10.24, 15.03
and 19.07
10. Natural Resources:
(CR 98-41) - S. NR 25.06 (2) (c) 1.
11. Revenue:
(CR 99-35) - S. Tax 1.12
Executive Orders.
Page 31.
Executive Order No. 377:
Relating to the Creation of the Governor's Film and Video Industry Advisory Council.
Executive Order No. 378:
Relating to the Creation of the Position of Special Assistant to the Governor for Globalization.
Executive Order No. 379:
Relating to the Amendment of Executive Order No. 373.
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 were adopted amending s. ATCP 60.19 (3) and (4), relating to drug residues in raw milk.
Finding of Emergency
The state of Wisconsin department of agriculture, trade and consumer protection (DATCP) finds that an emergency exists and that the following emergency rule is necessary to protect public health, safety and welfare. The facts constituting the emergency are as follows:
(1) Milk from Wisconsin dairy farms may not contain drug residues. Current rules under ch. ATCP 60, Wis. Adm. Code, require every dairy plant operator to perform a drug residue screening test on every bulk load of raw milk received by that operator. If the bulk load tests positive for any drug residue, the operator must test a milk sample from each producer milk shipment included in that bulk load. Current rules do not require a dairy plant operator to perform a confirmatory test if a producer sample tests positive on an initial test.
(2) If a producer sample tests positive for drug residue, the dairy plant operator may hold that producer financially responsible for contaminating the bulk load. In some cases, the cost of a contaminated tanker load of milk may be $5,000 or more. The department may also take enforcement action against the milk producer. Enforcement may result in financial penalties or suspension of the milk producer's license.
(3) In several enforcement actions, producers have argued that dairy plant drug residue tests were inaccurate. Producers claimed that there was no confirmatory testing, and no opportunity to confirm the accuracy of the dairy plant operator's test findings. Inaccurate findings may unfairly penalize affected producers, and result in severe financial losses to those producers. The lack of a confirmatory test aggravates conflicts between dairy plant operators and milk producers.
(4) Confirmatory testing of test-positive producer samples would provide greater assurance of fairness for milk producers, and would help avoid conflicts between dairy plant operators and producers. Dairy plant operators can perform confirmatory tests at reasonable cost. An emergency rule requiring confirmatory testing of producer samples is necessary to protect milk producers, and to promote the efficient operation and economic well-being of Wisconsin's dairy industry.
(5) Confirmatory testing of test-positive producer samples will enhance, and not reduce, the safety of Wisconsin milk supplies. Dairy plant operators will still be required to test bulk tanker loads of milk, and dispose of tanker loads that test positive for drug residues.
(6) This emergency rule will strengthen public health protection by requiring dairy plant operators to dispose of contaminated loads, or denature contaminated loads before transferring them to the custody of another person. Denaturing ensures that persons receiving custody of contaminated loads will not redirect them to human food use.
(7) Pending the adoption of rules according to normal administrative rulemaking procedures, it is necessary to adopt this emergency rule to do both of the following:
(a) Protect the public milk supply against drug residue contamination by assuring proper disposal of contaminated milk.
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