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NEWSREL

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Bruce Munson

Revisor of Statutes

Gary L. Poulson

Deputy Revisor of Statutes

Assistant Revisor-Administrative Code

November 14, 1996

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Wisconsin

Administrative

Register

No. 496

Publication Date: April 30, 1997

Effective Date: May 1, 1997

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

TabCon_A30

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

Emergency Rules Now In Effect.	Pages 5 to 11.
Agriculture, Trade & Consumer Protection:	Rule relating to prohibiting certain gaseous hydrocarbons in mobile air conditioners.
Development (Commerce):	Rules relating to annual allocation of volume cap.
Health & Family Services:	Management, Policy & Budget, Chs. HFS 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. Rules relating to lead abatement.
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:	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.
Public Instruction:	Rules relating to private school choice program.
Transportation:	Rules relating to general transportation aids. Rules relating to occupational driver's license. Rules relating to general transportation aids.
Veterans Affairs:	Rule adopted creating s. VA 2.01 (2) (b) 18., relating to the health care aid grant program. [FIRST APPEARANCE]
Workforce Development:	Economic Support, Chs. DWD 11-59 Rules relating to administration of child care funds and required parent copayments. Rules relating to Wisconsin Works program.
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 13 to 16.
Administration:	Ch. Adm 2 - Relating to the use of state buildings and facilities.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 75 - Relating to retail food establishments.
Natural Resources:	Ch. NR 115 - Relating to Wisconsin's Shoreland Management Program.
Pharmacy Examining Board:	Phar Code - Relating to the minimum standards for pharmacists in preparing sterile pharmaceuticals.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 17 to 19.
Chiropractic Examining Board:	Chir Code - Relating to continuing education requirements and approval of continuing education programs for chiropractors.
Dietitians Affiliated Credentialing Board:	SS. DI 2.01, 2.02 and 2.03 - Relating to making changes relating to technical matters such as amending form, style and clarity.
Natural Resources:	Ch. NR 46 - Relating to the administration of the Forest Crop Law and the Managed Forest Law.
Natural Resources:	S. NR 10.12 (11) - Relating to the harvest information program (HIP) for migratory bird hunters.
Natural Resources:	Chs. NR 132 and 182 - Relating to the regulation of metallic mineral mining.
Regulation & Licensing:	Chs. RL 30 to 35 - Relating to credentialing requirements and procedures for private detective agencies, private detectives and private security persons.
Revenue:	SS. Tax 11.001, 11.002, 11.01, 11.35 and 11.97 - Relating to registering for and reporting Wisconsin sales and use taxes.
Revenue:	SS. Tax 11.32 and 11.68 - Relating to the computation and collection of sales taxes from customers, and the sales and use tax treatment of construction contractors.
Revenue:	Ch. ATCP 53 - Relating to changing the agency acronym to reflect the program transfer from the Department of Agriculture, Trade & Consumer Protection to the Department of Commerce, and to increase plat review fees.
Transportation:	Ch. Trans 206 - Relating to the local roads improvement program.
Transportation:	Ch. Trans 276 - Relating to allowing the operation of “double bottoms” (and certain other vehicles) on specified highways.
Transportation:	Ch. Trans 129 - Relating to the waiver of the motorcycle skills test and to required attendance of motorcycle rider courses and motorcycle instruction permit issuance.
Transportation:	Ch. Trans 305 - Relating to standards for vehicle equipment.
Notices of Hearings or of Proposed Rules.	Pages 20 to 36.
Chiropractic Examining Board:	Hearing to consider revision of ch. Chir 5, relating to continuing education requirements.
Educational Approval Board:	Hearing to consider revision of rules relating to approval of schools and programs, setting fees, setting bond requirements, and refund policy.
Health & Family Services:	Health, Chs. HSS 110-- Hearings to consider ch. HFS 127, relating to licensing of rural medical centers.
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Hearings to consider creating s. NR 10.12 (11), relating to the harvest information program (HIP) for migratory game bird hunters. Hearing to consider revision to ch. NR 46, relating to the Forest Crop Law and Managed Forest Law.
Natural Resources:	Environmental Protection--General, Chs. NR 100-- Hearings to consider revision to chs. NR 132 and 182, relating to metallic mining.
Natural Resources:	Environmental Protection--Air Pollution Control, Chs. NR 400-- Hearings to consider revision to chs. NR 400, 406 and 407, relating to the air permit program.
Regulation & Licensing:	Hearing to consider revision of chs. RL 30 to 35, relating to private detectives and private security persons.
Transportation:	Hearing to consider revision of ch. Trans 129 and repeal of ch. Trans 503, relating to motorcycle skills test and rider courses and permit issuance. Proposed amendment to ss. Trans 206.02 (1) and 206.03 (12) (c), relating to the local roads improvement program. Hearing to consider amendment to s. Trans 276.07 (8), (10), (11) and (16), relating to allowing the operation of “double bottoms” on certain specified highways. Hearing to consider revision of ch. Trans 305, relating to standards for vehicle equipment.
Workforce Development:	Economic Support, Chs. DWD 11-- Hearings to consider chs. DWD 12 and 56, relating to Wisconsin Works program.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 37.
Commerce:	(CR 97-26) - Ch. Comm 113
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 38.
Employe Trust Funds:	(CR 96-167) - S. ETF 60.53
Labor & Industry Review Commission:	(CR 96-136) - Chs. LIRC 1 to 4
Natural Resources:	(CR 96-132) - S. NR 20.03 (1) (k)
Transportation:	(CR 96-44) - Ch. Trans 139
Transportation:	(CR 96-170) - Ch. Trans 55
Workforce Development:	(CR 96-156) - Chs. HSS 201 and DWD 11
Workforce Development:	(CR 96-7) - SS. ILHR 100.02 and 132.001 and ch. ILHR 140
Rules Published in this Wis. Adm. Register.	Page 39.
Agriculture, Trade & Consumer Protection:	(CR 96-138) - Ch. ATCP 98
Agriculture, Trade & Consumer Protection:	(CR 96-139) - S. ATCP 21.15
Agriculture, Trade & Consumer Protection:	(CR 96-142) - Ch. ATCP 30 Appendix A
Corrections:	(CR 95-206) - SS. DOC 328.20 and 333.16
Corrections:	(CR 96-175) - S. DOC 309.05 (2) (d)
Health & Family Services:	(CR 95-235) - Ch. HSS 90
Insurance, Commissioner of:	(CR 96-153) - S. Ins 18.07 (5)
Natural Resources:	(CR 96-134) - Chs. NR 190 and 191
Natural Resources:	(CR 96-160) - SS. NR 25.02, 25.05, 25.06 and 25.07
Public Defender:	(CR 96-152) - S. PD 6.05 (1) (b)
Public Defender:	(CR 96-161) - S. PD 3.04
Transportation:	(CR 96-62) - Ch. Trans 301
Transportation:	(CR 96-76) - SS. Trans 276.07 and 276.09
Final Regulatory Flexibility Analyses.	Pages 40 to 42.
1. Agriculture, Trade & Consumer Protection:	(CR 96-138) - Ch. ATCP 98
2. Agriculture, Trade & Consumer Protection:	(CR 96-139) - S. ATCP 21.15
3. Agriculture, Trade & Consumer Protection:	(CR 96-142) - Ch. ATCP 30
4. Corrections:	(CR 96-175) - Ch. DOC 309
5. Corrections:	(CR 95-206) - Ch. DOC 328
6. Health & Family Services:	(CR 95-235) - Ch. HSS 90
7. Insurance, Commissioner of:	(CR 96-153) - S. Ins 18.07 (5) (b)
8. Natural Resources:	(CR 96-134) - Chs. NR 190 and 191
9. Natural Resources:	(CR 96-160) - Ch. NR 25
10. Public Defender:	(CR 96-152) - S. PD 6.05 (1) (b)
11. Public Defender:	(CR 96-161) - S. PD 3.04
12. Transportation:	(CR 96-62) - Ch. Trans 301
13. Transportation:	(CR 96-76) - Ch. Trans 276
Executive Orders.	Page 43.
Executive Order 307:	Relating to the Creation of the Governor's Blue Ribbon Task Force on the Stewardship Program.
Executive Order 308:	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 Brave Personnel of the United States Air Force Reserve's 440th Airlift Wing Who Lost Their Lives in the Line of Duty in Tegucigalpa, Honduras.
Executive Order 309:	Relating to the Creation of the Wisconsin Science Advisory Council on Metallic Mining.

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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 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.