Register

NEWSREL

- See PDF for diagram

[phone] ○ Fax [phone]

Bruce Munson

Revisor of Statutes

Gary L. Poulson

Deputy Revisor of Statutes

Assistant Revisor-Administrative Code

November 14, 1996

The 1995-96 Wisconsin Statutes and Annotations can be ordered now
in bound volumes or on the WisLawTM CD-ROM

Prices for the 1995-96 Wisconsin Statutes and Annotations bound volumes have been established and are detailed below:

Hard Cover   Hard Cover     Soft Cover   Soft Cover
With Postage   Without Postage   With Postage   Without Postage

$107.00   $101.00     $96.00   $91.00

Send orders to Document Sales, 202 S. Thornton Avenue, P.O. Box 7840, Madison, WI 53707-7840, telephone [phone]. Unless exempt by law, all sales are subject to 5% state sales tax and, where applicable, 0.5% county sales tax and 0.1% stadium tax. Prepayment is required for all orders. Payments by check, money order, or credit card should be made payable to WI Department of Administration. Credit card orders using either VISA or Mastercard may be placed by calling 1-800-DOC-SALE. Local customers may call 264-9419 to place an order. Delivery to Document Sales is scheduled to begin in late January, 1997.

WisLawTM, the computer-searchable CD-ROM, includes both the DOS and Windows version of Folio PreViews search and retrieval software. WisLawTM includes the Wisconsin Statutes and Annotations, Supreme Court Rules, and recent Opinions of the Attorney General. In addition, the Wisconsin Acts, with hypertext links to the affected statutes, are included on WisLawTM.

WisLawTM is only available by subscription for 12-month periods; the number of CD's to be released in any 12-month period is indeterminate. WisLawTM End-user license and subscription order forms are available at Document Sales; CD's will only be delivered upon receipt of a signed license and subscription form and full payment. A 12-month subscription plus a license for no more than one simultaneous user costs $99. A 12-month subscription plus a license for no more than 4 simultaneous users costs $149. A 12-month subscription plus a license for no more than 10 simultaneous users costs $199. Shipping is included. Unless exempt by law, all sales are subject to 5% state sales tax and, where applicable, 0.5% county sales tax and 0.1% Wisconsin stadium sales tax.

Cover_w_new_comp

Wisconsin

Administrative

Register

No. 494

Publication Date: February 28, 1997

Effective Date: March 1, 1997

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

TabCon_F28

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

Emergency Rules Now In Effect.	Pages 5 to 9.
Agriculture, Trade & Consumer Protection:	Rule relating to prohibiting certain gaseous hydrocarbons in mobile air conditioners.
Corrections:	Rule relating to inmate mail.
Development (Commerce):	Rules relating to annual allocation of volume cap.
Health & Family Services:	Management, Policy & Budget, Chs. HSS 1-- Rules relating to parental liability for the cost of care for children in court-ordered substitute care.
Health & Family Services:	Health, Chs. HSS 110-- Rules relating to do-not-resuscitate orders.
Health & Social 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.
Insurance, Commissioner of:	Rules relating to premium rates for the Health Insurance Risk-Sharing Plan (HIRSP). Rule relating to requirements for tax deductible long-term care insurance policies.
Natural Resources:	Fish, Game, etc., Chs. NR 1- Rule relating to notice of receipt of an application to incidentally take an endangered or threatened species. Rules relating to the Lake Superior fisheries management plan.
Transportation:	Rules relating to general transportation aids. Rules relating to occupational driver's license.
Workforce Development:	Economic Support, Chs. DWD 11-59 Rules relating to administration of child care funds and required parent copayments.
Workforce Development:	Labor Standards, Chs. ILHR 270-279 Rules relating to the minimum wage.
Workforce Development:	Wage Rates, Chs. ILHR 290-294 Rules relating to prevailing wage rates for state or local public works projects.
Scope Statements.	Pages 11 to 18.
Administration:	Ch. Adm 1 - Relating to rules regarding parking.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 130 - Relating to telemarketing sales.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 90 - Relating to fair packaging and labeling; and ch. ATCP 91 - Relating to methods of sale of commodities.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 30 - Relating to atrazine pesticides; use restrictions.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 42 - Relating to commercial feed.
Educational Approval Board:	EAB Code - Relating to the EAB's plans to promulgate a major revision in its administrative rules.
Employe Trust Funds:	ETF Code - Relating to due dates for employer reports and remittances required under ch. 40, Stats.
Employe Trust Funds:	ETF Code - Relating to Wisconsin Retirement System (WRS) annuitants who are rehired by a participating employer.
Natural Resources (Fish, Game, etc., Chs. NR 1--):	SS. NR 46.12, 46.18 and 46.30 - Relating to annual adjustment of the timber stumpage values in s. NR 46.30, amending ss. NR 46.12 and 46.18 to obtain ownership information and deadlines for management plans, and replacing the Department's administrative area map, due to reorganization.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 19 to 20.
Corrections:	Ch. DOC 309 - Relating to inmate visitation.
Health & Family Services:	Ch. HSS 148 - Relating to rural counties participating in the Wisconsin Breast Cancer Screening Project.
Natural Resources:	Chs. NR 10 and 15 - Relating to hunting and trapping.
Natural Resources:	Chs. NR 20 and 26 - Relating to sport fishing and fish refuges.
Natural Resources:	Ch. NR 538 - Relating to solid waste management--beneficial use of industrial waste.
Natural Resources:	Ch. NR 10 or 27 - Relating to protective status for the timber rattlesnake.
Natural Resources:	Ch. NR 18 - Relating to falconry.
Natural Resources:	Ch. NR 10 - Relating to hunting and trapping--housekeeping changes.
Natural Resources:	Ch. NR 809 - Relating to safe drinking water.
Optometry Examining Board:	Opt Code - Relating to amending various sections throughout the rules.
Notices of Hearings or of Proposed Rules.	Pages 21 to 37.
Agriculture, Trade & Consumer Protection:	Hearings to consider revisions to ch. ATCP 124, relating to price comparison advertising.
Health & Family Services:	Health, Chs. HSS 110-- Hearing to consider ch. HFS 125, relating to do-not-resuscitate (DNR) bracelets and orders. Hearing to consider ch. HFS 163, relating to lead abatement and lead management service providers.
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Hearings to consider revision to ch. NR 10 or 27, relating to timber rattlesnakes. Hearings to consider revision to chs. NR 10, 15, 20 and 26, relating to the 1997 hunting, trapping and fishing seasons. Hearing to consider revision to ch. NR 10, relating to hunting and trapping. Hearing to consider revision to ch. NR 18, relating to falconry. Hearings to consider revision to ss. NR 24.09 and 24.10, relating to commercial clamming.
Natural Resources:	Environmental Protection--Solid Waste Management, Chs. NR 500-- Hearings to consider revision to chs. NR 500, 503, 506, 507 and 516 and creation of ch. NR 538, relating to beneficial use of industrial byproducts.
Natural Resources:	Environmental Protection--Water Supply, Chs. NR 800-- Hearings to consider revision to ch. NR 809, relating to safe drinking water.
Public Service Commission:	Hearing to consider ch. PSC 168, relating to telecommunications resellers and alternative operator service providers.
Revenue:	Hearing to consider revision to ch. Tax 18, relating to the assessment of agricultural land.
Workforce Development:	Economic Support, Chs. DWD 11-59 Hearing to consider s. DWD 56.08, relating to administration of child care funds and parent copayments.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 38.
Justice:	(CR 96-38) - Ch. Jus 9
Transportation:	(CR 96-170) - Ch. Trans 55
Transportation:	(CR 96-171) - Ch. Trans 152
Administrative Rules Filed With the Revisor of Statutes Bureau.	Page 39.
Commerce:	(CR 95-69) - Ch. ILHR 202
Rules Published in this Wis. Adm. Register.	Page 40.
Commerce:	(CR 96-63) - S. Comm 5.99 and ss. ILHR 51.21, 51.23 and ILHR Table 2.64-1 and chs. ILHR 82 and 84
Commerce:	(CR 96-99) - Chs. ILHR 20 and 21
Commerce:	(CR 96-100) - Chs. ILHR 20 and 21
Health & Family Services:	(CR 95-236) - Ch. HFS 89
Health & Family Services:	(CR 96-141) - SS. HSS 55.55 to 55.63
Medical Examining Board:	(CR 92-162) - Chs. Med 1 to 8, 19 and 20 and s. Med 14.03
Natural Resources:	(CR 96-39) - Chs. NR 158, 700, 705, 706 and 708 and ss. NR 712.11, 716.05, 722.01, 724.01, 724.17 and 726.02
Natural Resources:	(CR 96-85) - Chs. NR 19, 21 and 22
Natural Resources:	(CR 96-96) - S. NR 10.01 (1) (b) and (g) 1. a. - k., (g) 2., (g) 3., (u) 1. and (u) 2.
Revenue:	(CR 96-75) - S. Tax 11.83
Workforce Development:	(CR 96-140) - SS. HSS 55.70 to 55.77 and ch. DWD 56
Final Regulatory Flexibility Analyses.	Pages 41 to 43.
1. Commerce:	(CR 96-63) - Chs. ILHR 82 and 84
2. Commerce:	(CR 96-99) - Chs. ILHR 20 and 21
3. Commerce:	(CR 96-100) - Chs. ILHR 20 and 21
4. Health & Family Services:	(CR 95-236) - Ch. HFS 89
5. Health & Family Services:	(CR 96-141) - SS. HSS 55.55 to 55.63
6. Medical Examining Board:	(CR 92-162) - Med Code
7. Natural Resources:	(CR 96-39) - Ch. NR 706
8. Natural Resources:	(CR 96-85) - Ch. NR 19
9. Natural Resources:	(CR 96-96) - Ch. NR 10
10. Revenue:	(CR 96-75) - Ch. Tax 11
11. Workforce Development:	(CR 96-140) - Ch. DWD 56
Executive Orders.	Page 44.
Executive Order 302:	Relating to the Creation of the Governor's Council on Model Academic Standards.
Executive Order 303:	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 Deputy Sheriff David Demos of the Milwaukee County Sheriff's Department.
Executive Order 304:	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 Assistant Fire Chief Robert Martinson of the Conover Township Fire Department.
Public Notice.	Pages 45 to 46.
Natural Resources (Environmental Protection):	Public notice relating to water quality criteria to be adopted, revised or reviewed in the following year.

emergncyFEB

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

Department of Agriculture, Trade & Consumer Protection

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.