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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. 497
Publication Date: May 31, 1997
Effective Date: June 1, 1997
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
TabCon_May
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.
Commerce:
Fee Schedule, Ch. Comm 2
Credentials, Ch. Comm 5
Elevators, Ch. Comm 18
Rules adopted revising chs. Comm 2, 5 and 18, relating to inspection of elevators. [FIRST APPEARANCE]
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 occupational driver's license.
Veterans Affairs:
Rule relating to the health care aid grant program.
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:
Wage Rates, Chs. ILHR 290-294
Rules relating to prevailing wage rates for state or local public works projects. [FIRST APPEARANCE]
Scope Statements.
Pages 12 to 15.
Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors Examining Board:


Chs. A-E 1 to 10 - Relating to the professional practice of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors.
Commerce:
Chs. ILHR 20 to 25 - Relating to the Uniform Dwelling Code.
Commerce:
Chs. Comm 2,5 and 18 - Relating to inspection of elevators and mechanical lifting devices.
Corrections:
Ch. DOC 350 - Relating to classification systems for jails and houses of correction.
Higher Educational Aids Board:
Ch. HEA 9 - Relating to the administration of the academic excellence scholarship.
Natural Resources:
Fish, Game, etc., Chs.NR 1--
Ch. NR 20 - Relating to revising Wis. Adm. Code pertaining to fishing regulations on Delavan Lake, Walworth County.
Natural Resources:
Fish, Game, etc., Chs.NR 1--
Ch. NR 24 - Relating to the commercial clam harvest.
Regulation and Licensing:
Chs. RL 80 to 87 - Relating to changes and clarification of administrative rules relating to the practice of real estate appraisers.
Revenue:
SS. Tax 11.05 and 11.86 - Relating to landscaping services performed by or for governmental units and utilities and recordkeeping requirements for sales to governmental units.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.

Page 16.
Insurance, Commissioner of:
S. Ins 18.07 (5) (bg) - Relating to Health Insurance Risk-Sharing Plan (HIRSP) rate increase for fiscal year 1997-1998.
Natural Resources:
S. NR 101.13 (2) - Relating to repealing general permit fees.
Natural Resources:
Ch. NR 110 - Relating to sewerage systems.
Revenue:
S. Tax 11.14 - Relating to the use of exemption certificates.
Notices of Hearings or of Proposed Rules.
Pages 17 to 29.
Accounting Examining Board:
Hearing to consider s. Accy 7.035, relating to the education requirements for licensure candidates.
Credit Unions (Financial Institutions):
Hearing to consider revision of ch. CU 54, relating to real estate mortgage loans.
Hearing to consider repeal of ch. CU 55, relating to check cashing, money orders and traveler's checks.
Hearing to consider revision to ch. CU 57, relating to retention of credit union books and records.
Hearing to consider revision to ch. CU 70, relating to participation loan authority parity with federal credit unions.
Dietitians Affiliated Credentialing Board:
Hearing to consider revision to chs. DI 2 to 4, relating to certification as dietitians.
Employe Trust Funds:
Hearing to consider definition of termination of employment for purposes of eligibility for benefits.
Insurance, Commissioner of:
Hearing to consider revision of s. Ins 18.07 (5) (bg), relating to Health Insurance Risk-Sharing Plan (HIRSP) rate increase for 1997-1998.
Natural Resources:
Environmental Protection--General, Chs. NR 100--
Hearing to consider revision to s. NR 101.13 (2), relating to the general permit fee.
Hearing to consider revision to ch. NR 110, relating to technical standards for wastewater treatment facilities.
Revenue:
Proposed revision to ch. Tax 11, relating to registering for and reporting Wisconsin sales and use taxes.
Workforce Development:
Wage Rates, Chs. ILHR 290-294
Hearing to consider revision of ch. ILHR 290 [DWD 290], relating to subjourneyperson prevailing wage rates.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.


Page 30.
Natural Resources:
(CR 96-187) - S. NR 728.11
Natural Resources:
(CR 97-3) - Chs. NR 400, 406, 407, 439, 460 and 463
Administrative Rules Filed with the Revisor of Statutes Bureau.

Page 31.
Agriculture, Trade & Consumer Protection:
(CR 96-191) - S. ATCP 139.04 (11)
Employment Relations:
(CR 97-5) - SS. ER 18.01, 18.04 and 18.15
Health & Family Services:
(CR 96-81) - Ch. HSS 144
Natural Resources:
(CR 96-41) - S. NR 25.04 (2) (b)
Natural Resources:
(CR 96-42) - S. NR 25.08 (3) (b)
Natural Resources:
(CR 96-174) - SS. NR 25.06, 25.09, 25.10 and 26.23
Natural Resources:
(CR 96-177) - S. NR 5.21 (2)
Transportation:
(CR 96-168) - Ch. Trans 117
Rules Published in this Wis. Adm. Register.
Page 32.
Barbering & Cosmetology Examining Board:
(CR 95-217) - S. BC 2.03 (7)
Chiropractic Examining Board:
(CR 96-95) - SS. Chir 6.015 and 6.02 and ch. Chir 11
Emergency Response Board:
(CR 96-129) - Ch. ERB 6
Employe Trust Funds:
(CR 96-167) - S. ETF 60.53
Labor & Industry Review Commission:
(CR 96-136) - Chs. LIRC 1 to 4
Medical Examining Board:
(CR 96-158) - Ch. Med 13
Public Defender:
(CR 97-12) - S. PD 3.02
Transportation:
(CR 96-44) - Ch. Trans 139
Transportation:
(CR 96-170) - Ch. Trans 55
Transportation:
(CR 96-171) - Ch. Trans 152
Transportation:
(CR 96-179) - Ch. Trans 76
Workforce Development:
(CR 96-156) - Chs. HSS 201 and DWD 11
Workforce Development:
(CR 96-181) - Chs. ILHR 272 and DWD 272
Final Regulatory Flexibility Analyses.
Pages 33 to 34.
1. Barbering & Cosmetology Examining Board:
(CR 95-217) - S. BC 2.03 (7)
2. Chiropractic Examining Board:
(CR 96-95) - Ch. Chir 11
3. Emergency Response Board:
(CR 96-129) - Ch. ERB 6
4. Employe Trust Funds:
(CR 96-167) - S. ETF 60.53
5. Labor & Industry Review Commission:
(CR 96-136) - Chs. LIRC 1 to 4
6. Medical Examining Board:
(CR 96-158) - Ch. Med 13
7. Public Defender:
(CR 97-12) - S. PD 3.02
8. Transportation:
(CR 96-44) - Ch. Trans 139
9. Transportation:
(CR 96-171) - Ch. Trans 152
10. Transportation:
(CR 96-170) - Ch. Trans 55
11. Transportation:
(CR 96-179) - Ch. Trans 76
12. Workforce Development:
(CR 96-156) - S. DWD 11.135
13. Workforce Development:
(CR 96-181) - Ch. DWD 272
Executive Orders.
Page 35.
Executive Order 310:
Relating to a Proclamation Amending Executive Order #300.
Executive Order 311:
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 Peace Officers Who Have Given Their Lives in the Line of Duty.
emerg_may
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.
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Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.