Register

WisLaw_Ad_8-96_v2

Cover_w_new_comp

Wisconsin

Administrative

Register

No. 491

Publication Date: November 14, 1996

Effective Date: November 15, 1996

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

TABCON_N14

T a b l e o f C o n t e n t s

Emergency Rules Now In Effect.	Pages 5 to 15.
Agriculture, Trade & Consumer Protection:	Rules relating to animal health. Rule relating to prohibiting certain gaseous hydrocarbons in mobile air conditioners.
Corrections:	Rule relating to inmate mail.
Health & Family Services:	Community Services, Chs. HSS 30-- Rules relating to administration of child care funds. Rules relating to child care providers certification. Rule relating to child care funds and copayments.
Health & Family Services:	Medical Assistance, Chs. HSS 100-- Rules relating to coverage of school-based medical services.
Health & Family Services:	Health, Chs. HSS 110-- Rules relating to permit fees. Rules relating to public swimming pools. Rules relating to fees.
Health & Family Services (Workforce Development):	Economic Support, Chs. HSS 200-- Rules relating to time limits on benefits for AFDC recipients in the Job Opportunities and Basic Skills (JOBS) program.
Industry, Labor & Human Relations (Commerce):	Uniform Dwellings, Chs. ILHR 20-25 Rules relating to dwellings constructed in flood hazard zones.
Industry, Labor & Human Relations (Commerce):	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 (Workforce Development):	Labor Standards, Chs. ILHR 270-279 Rules relating to the minimum wage.
Insurance, Commissioner of:	Rules relating to premium rates for the Health Insurance Risk-Sharing Plan (HIRSP).
Natural Resources:	Fish, Game, etc., Chs. NR 1- Rules relating to size and bag limits for Lac du Flambeau reservation. Rules relating to the 1996 deer hunting season. Rules relating to fishing for yellow perch in Lake Michigan. Rules relating to the 1996 deer hunting season. Rules relating to the 1996 migratory game bird season. Rules relating to fishing for yellow perch in Lake Michigan.
Public Instruction:	Rules relating to dispute resolution concerning children with exceptional educational needs (EEN). Rules relating to the handicapping condition of significant developmental delay.
Securities (Financial Institutions):	Rules relating to alternative accounting guidelines for certain financial statements.
Transportation:	Rules relating to transportation of garbage or refuse permits. Rules adopted revising ch. Trans 76, relating to general transportation aids. [FIRST APPEARANCE] Rules adopted revising ch. Trans 117, relating to occupational driver's license. [FIRST APPEARANCE]
Scope Statements.	Pages 17 to 20.
Accounting Examining Board:	Accy Code - Relating to the clarification of administrative rules relating to certified public accountants.
Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors Examining Board:	A-E Code - Relating to clarification of administrative rules relating to professional practice of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors.
Natural Resources:	S. NR 5.20 - Relating to a waiver of slow-no-wake (SNW) requirement for the Wild Rose Mill Pond for two days each year.
Natural Resources:	Ch. NR 20 - Relating to fishing: inland waters; outlying waters; and also Ch. NR 25 - Relating to commercial fishing - outlying waters.
Natural Resources:	Section NR 728.11 - Relating to language authorizing the Department to record affidavits in the County Register of Deeds office for properties where contamination exists which is not being adequately addressed by the responsible party (RP).
Nursing Home Administrator Examining Board:	NHA Code - Relating to clarification of administrative rules relating to the practice of nursing home administrators.
Optometry Examining Board:	Opt Code - Relating to credential application, examination and continuing education requirements and to standards of professional conduct of optometrists.
Railroads, Commissioner of:	Ch. RR 1 - Relating to hearing practice and procedure.
Railroads, Commissioner of:	Ch. RR 3 - Relating to railroad ratemaking.
Revenue:	SS. Tax 11.39 and 11.41 - Relating to the definition of manufacturing, and taxation of items consumed or destroyed in manufacturing for sales and use tax purposes.
Veterinary Examining Board:	VE Code - Relating to evidence that would be required in order to obtain a veterinary license of a candidate who is a graduate of a school that has not been approved by the Board.
Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 21 to 22.
Administration:	Chs. Adm 66, 67 and 68 - Relating to manufactured home dealer financial eligibility, manufactured home dealer trade practices, facilities and records, and licensing periods and fees for manufactured home dealers.
Commerce:	Chs. ILHR 51, 52, 66, 69 and 70 - Relating to barrier-free design requirements.
Employe Trust Funds:	S. ETF 60.53 - Relating to deadlines to apply for death benefits payable from the Wisconsin Retirement System (WRS) and timing of automatic distribution of these benefits.
Hearing and Speech Examining Board:	S. HAS 6.09 (2) (o) - Relating to eliminating the prohibition of not being able to evaluate patients by correspondence, thus allowing a credential holder to review fax or computer records and make recommendations on treatment.
Transportation:	Ch. Trans 117 - Relating to the occupational driver's license.
Transportation:	Ch. Trans 55 - Relating to the granting of state aid to airport owners.
Transportation:	Ch. Trans 152 - Relating to the Wisconsin interstate fuel tax and the International Registration Plan (IRP).
Notice Section.	Pages 23 to 33.
Agriculture, Trade and Consumer Protection:	Hearing to consider s. ATCP 139.04 (11) created as an emergency rule, relating to prohibiting certain flammable refrigerants for use in mobile air conditioning systems. Hearings to consider revision of ch. ATCP 143, relating to the corn marketing order.
Commerce:	Building and Heating, etc., Chs. ILHR 50 to 64 Multifamily Dwellings, Ch. ILHR 66 Barrier-Free Design, Ch. ILHR 69 Historic Building, Chs. ILHR 70 Hearings to consider revision of chs. ILHR 51, 52, 66, 69 and 70, relating to barrier-free design.
Employe Trust Funds:	Hearing to consider s. ETF 60.53 (2), relating to deadlines to apply for death benefits and timing of automatic distribution of these benefits.
Hearing and Speech Examining Board:	Hearing to consider revision of chs. HAS 4 to 6, relating to calibration of audiometric equipment and use of support personnel. Hearing to consider amending s. HAS 6.09 (2) (o), relating to the grounds for discipline for individuals who are credentialed as speech-language pathologists and audiologists.
Medical Examining Board:	Hearing to consider revision of ch. Med 13, relating to continuing education for podiatrists.
Transportation:	Hearing to consider ch. Trans 55, relating to granting state aid to airport owners. Hearing to consider revision to ch. Trans 76, relating to general transportation aids. Hearing to consider the emergency revision and proposed revision of ch. Trans 117, relating to occupational driver's license. Hearing to consider revision of ch. Trans 152, relating to Wisconsin interstate fuel tax and the international registration plan.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.	Page 34.
Agriculture, Trade & Consumer Protection:	(CR 96-149) - Ch. ATCP 77
Commerce:	(CR 96-99) - Chs. ILHR 20 and 21
Commerce:	(CR 96-144) - Chs. ILHR 63 and 64
Health and Family Services:	(CR 92-55) - Ch. HSS 46
Health and Family Services:	(CR 96-90) - Chs. HSS 101, 105 and 107
Health and Family Services:	(CR 96-124) - Ch. HSS 136
Health and Family Services:	(CR 96-154) - Chs. HSS 105 and 107
Medical Examining Board:	(CR 92-162) - Chs. Med 1 to 8, 19 and 20 and s. Med 14.03
Natural Resources:	(CR 96-77) - Ch. NR 235
Natural Resources:	(CR 96-78) - Ch. NR 233
Natural Resources:	(CR 96-86) - SS. NR 439.01 and 484.04 and ch. NR 460
Natural Resources:	(CR 96-87) - SS. NR 400.02, 400.03, 407.03, 407.04, 423.02, 423.03, 460 Appendix T, 468.40 and 484.04
Regulation and Licensing:	(CR 96-130) - SS. RL 34.01 and 34.011
Regulation and Licensing:	(CR 96-150) - Ch. RL 130
Revenue:	(CR 96-75) - S. Tax 11.83
Transportation:	(CR 96-146) - SS. Trans 325.01, 325.02, 326.01 and 328.03
Transportation:	(CR 96-147) - Ch. Trans 102
Transportation:	(CR 96-155) - S. Trans 269.11 (2a)
Workforce Development:	(CR 96-140) - SS. HSS 55.70 to 55.77 and ch. DWD 56
Workforce Development:	(CR 96-141) - Ch. DWD 55
Administrative Rules Filed With the Revisor of Statutes Bureau.	Page 35.
Commerce:	(CR 96-89) - SS. ILHR 14.31 (3) (c) 1., ILHR 14.36 and ILHR 14.38
Health & Familiy Services:	(CR 96-120) - S. HSS 146.03 (9), (10) and (11)
Insurance, Commissioner of:	(CR 96-37) - S. Ins 6.20
Securities, Commissioner of:	(CR 96-128) - S. SEC 2.01 (1) (c) 5 and (d) 5
Transportation:	(CR 96-69) - Ch. Trans 128
Transportation:	(CR 96-117) - S. Trans 276.07 (4) and (7)
Workforce Development:	(CR 95-70) - Ch. DWD 75 (HSS 275)
Notice of Nonacquiescence.	Page 36.
Revenue:	Tax Appeals Commission Consolidated Papers, Inc. v. Wis. Dept. of Revenue

emerg_nov

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)

Department of Agriculture, Trade & Consumer Protection

1.   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.

(11) Wisconsin poultry producers ship poultry meat valued in excess of $1 million per year to the Russian federation. By adopting a provision requiring veterinarians to report the existence of 5 diseases to the department, the department will protect the poultry producers' export market in the Russian federation. The department has proposed a permanent rule requiring reporting of the diseases. This emergency rule protects the export market during the period before the permanent rule is effective.

Publication Date:   June 3, 1996

Effective Date:   June 3, 1996

Expiration Date:   October 31, 1996

Extension Through:   December 29, 1996

2.   Rule adopted creating s. ATCP 139.04 (11), relating to prohibiting the sale of butane, propane, mixtures of butane and propane, or other gaseous hydrocarbons for use as refrigerants in mobile air conditioners.

Finding of Emergency

(1) On June 2, 1995, the United States Environmental Protection Agency (“EPA”) issued a final rule prohibiting the use of HC-12a, a hydrocarbon-based refrigerant containing liquified petroleum gas, as a refrigerant in mobile air conditioning systems. EPA prohibited HC-12a, and a predecessor product called OZ-12, because of safety risks associated with the use of flammable refrigerants in mobile air conditioning systems. According to EPA, the manufacturer of HC-12a did not provide adequate information to demonstrate that the product was safe when used in a mobile air conditioning system.

(2) Despite the current EPA rule, at least one company is currently engaged in manufacturing and distributing HC-12a for use in motor vehicle air conditioning systems. The Idaho manufacturer argues that EPA lacks jurisdiction to regulate the sale of its product. HC-12a is currently being offered, distributed or promoted for sale at wholesale and retail outlets in Wisconsin and surrounding states, for use as a refrigerant in mobile air conditioning systems.

(3) HC-12a is a highly flammable substance, as defined by the American Society of Testing and Materials (ASTM) standard test procedure for refrigerants, the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE), and Underwriter's Laboratories. Use of HC-12a or its predecessor, OZ-12, in mobile air conditioning systems is inconsistent with standards adopted by the Society of Automotive Engineers. According to those standards, refrigerants used in mobile air conditioning systems must be of low toxicity, and must be nonflammable and nonexplosive.

(4) At least 13 states have enacted legislation prohibiting the sale of refrigerants for use in air conditioning or refrigeration systems unless those refrigerants meet flammability standards or are specifically approved for their intended use.

(5) HC-12a and other hydrocarbon-based refrigerants, when sold for use in motor vehicle air conditioning systems, present a serious risk to public health and safety for the following reasons:

(a) Motor vehicles and mobile air conditioning systems are not currently designed to use flammable refrigerants, or to prevent hazards associated with flammable refrigerants.

(b) Refrigerants in mobile air conditioning systems commonly leak into the engine compartments or passenger compartments of motor vehicles. Leaking refrigerant is often routed into the passenger compartment through the air distribution system from the evaporator. Hydrocarbon refrigerants, which are heavier than air, will tend to accumulate in low or confined spaces of a motor vehicle.

(c) Hydrocarbon refrigerants are flammable at low concentrations.

(d) Internal components of a motor vehicle provide many potential sources of ignition for flammable refrigerants. Passenger activities, such as smoking, may also create ignition sources.

(e) Fires or explosions resulting from the ignition of leaked flammable refrigerant may cause serious bodily injury or death to motor vehicle passengers. Automotive technicians who test for leaks, or who repair or service mobile air conditioning systems containing flammable refrigerants, are also at risk.

(6) The risk to public health and safety cannot be adequately addressed by product packaging or labeling, for the following reasons: