(608) 266-2011 ○ Fax (608) 267-0410
Bruce Munson
Revisor of Statutes
Gary L. Poulson
Deputy Revisor of Statutes
Assistant Revisor-Administrative Code
November 14, 1996
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T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
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Pages 5 to 12.
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Agriculture, Trade & Consumer Protection:
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Rule relating to prohibiting certain gaseous hydrocarbons in mobile air conditioners.
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Corrections:
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Rule relating to inmate mail.
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Health & Family Services:
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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.
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Health & Family Services:
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Medical Assistance, Chs. HSS 100--
Rules relating to coverage of school-based medical services.
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Health & Family Services:
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Health, Chs. HSS 110--
Rules relating to permit fees.
Rules relating to public swimming pools.
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Health & Social Services (Workforce Development):
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Economic Support, Chs. HSS 200--
Rules relating to time limits on benefits for AFDC recipients in the Job Opportunities and Basic Skills (JOBS) program.
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Industry, Labor & Human Relations (Commerce):
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Uniform Dwellings, Chs. ILHR 20-25
Rules relating to dwellings constructed in flood hazard zones.
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Industry, Labor & Human Relations (Workforce Development):
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Labor Standards, Chs. ILHR 270-279
Rules relating to the minimum wage.
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Insurance, Commissioner of:
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Rules relating to premium rates for the Health Insurance Risk-Sharing Plan (HIRSP).
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Natural Resources:
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Fish, Game, etc., Chs. NR 1-
Rules relating to the 1996 deer hunting season.
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.
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.
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Public Instruction:
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Rules relating to dispute resolution concerning children with exceptional educational needs (EEN).
Rules relating to the handicapping condition of significant developmental delay.
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Transportation:
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Rules relating to transportation of garbage or refuse permits.
Rules relating to general transportation aids.
Rules relating to occupational driver's license.
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Workforce Development:
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Wage Rates, Chs. ILHR 90-94
Rules adopted revising ch. ILHR 90, relating to prevailing wage rates for state or local public works projects. [FIRST APPEARANCE]
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Scope Statements.
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Pages 13 to 17.
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Agriculture, Trade & Consumer Protection:
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Chs. ATCP 55-57 - Relating to meat and poultry inspection.
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Agriculture, Trade & Consumer Protection:
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Ch. ATCP 77 - Relating to certification of laboratories that test milk, food or water for compliance with public health standards.
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Agriculture, Trade & Consumer Protection:
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Ch. ATCP 125 - Relating to mobile home parks.
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Agriculture, Trade & Consumer Protection:
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Ch. ATCP 134 - Relating to residential rental practices.
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Agriculture, Trade & Consumer Protection:
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Ch. ATCP 141 - Relating to the cherry marketing order amendments.
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Commerce:
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Ch. ILHR 47 - Relating to financial assistance to owners and operators of petroleum contaminated properties.
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Natural Resources:
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Chs. NR 50 & 64 - Relating to All-Terrain Vehicles (ATVs) and snowmobiles.
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Public Instruction:
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Ch. PI 35 - Relating to several changes to the Milwaukee private school choice program.
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Revenue:
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S. Tax 11.15 - Relating to sales and use tax treatment of containers and other shipping and packaging materials.
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Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Page 19 to 20.
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Corrections:
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Ch. DOC 311 - Relating to observation status.
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Insurance:
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SS. Ins 8.40 to 8.68 - Small employer health insurance rule changes required by passage of “W-2” legislation (1995 Wis. Act 289)
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Insurance:
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S. Ins 2.80 - Valuation of reserve liabilities for life insurance.
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Natural Resources:
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Ch. NR 24 - Relating to commercial clamming on the Wisconsin-Minnesota and Wisconsin-Iowa boundary waters and clamming on all waters.
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Natural Resources:
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SS. NR 20.02, 20.03 and 25.06 - Relating to sport and commercial fishing for yellow perch in Green Bay.
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Natural Resources:
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SS. NR 120.14 and 120.18 - Relating to nonpoint source pollution abatement for high residue management systems.
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Natural Resources:
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S. NR 728.11 - Relating to repeal of the sunset for s. NR 728.11 for recording affidavits to give notice of the existence of contamination from a hazardous substance discharge.
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Notice Section.
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Pages 21 to 26.
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Agriculture, Trade & Consumer Protection:
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Hearings to consider s. ATCP 139.04 (11), relating to prohibiting certain substances in mobile air conditioning systems.
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Corrections:
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Hearing to consider s. DOC 309.05 (2) (d), relating to the stamping of outgoing inmate mail.
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Insurance:
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Hearing to consider revision of ss. Ins 8.42 to 8.67, relating to small employer health insurance rules affected by “W-2” legislation.
Hearing to consider s. Ins 2.80, relating to valuation of reserve liabilities for life insurance.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1--
Hearing to consider s. NR 27.07, relating to notice of receipt of an application to incidentally take an endangered or threatened species.
Hearing to consider revision to chs. NR 20 and 25, relating to sport and commercial fishing for yellow perch in Lake Michigan.
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Natural Resources:
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Environmental Protection-General, Chs. NR 100--
Hearing to consider revision to ch. NR 120, relating to the nonpoint source pollution abatement program.
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Natural Resources:
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Environmental Protection-Remediation and Investigation, Chs. NR 700--
Hearings to consider the repeal of s. NR 728.11, relating to procedures for recording affidavits on deeds where contamination exists.
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Administrative Rules Filed With the Revisor of Statutes Bureau.
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Page 27.
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Commerce:
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( CR 96-63) S. Comm 5.99, ss. ILHR 51.21, 51.23, ILHR Table 2.64-1 and chs. ILHR 82 and 84 - Relating to plumbing plans and adopted standards.
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Commerce:
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( CR 96-144) - SS. ILHR 2.31, 59.22, 82.40, chs. ILHR 50, 51, 52, 54, 55, 56, 57, 58, 60, 62, 63, 64, 66 and 72 - Relating to energy conservation and ventilation.
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Health & Family Services:
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( CR 92-55) - Chs. HSS 46 & 55 - Relating to group day care centers.
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Health & Family Services:
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( CR 96-124) - SS. HSS 136.03 & 136.04 - Relating to embalming standards.
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Health & Family Services:
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( CR 96-154) - S. HSS 105.36 and ch. HSS 107 - Relating to elimination of coverage under the Medical Assistance (MA) program for services that are medically unnecessary, including services and items that enhance fertility in males or females, and limitation of coverage of certain other services to medically necessary situations.
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Psychology Examining Board:
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( CR 96-123) - Chs. Psy 2 & 3 - Relating to transcripts of undergraduate training, passing scores on examinations, and abandonment of applications.
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Transportation:
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( CR 96-146) - Chs. Trans 325, 326 & 328 - Relating to motor carrier safety regulations, motor carrier safety requirements for transportation of hazardous materials, and motor carrier safety requirements for intrastate transportation of hazardous materials.
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Transportation:
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( CR 96-155) - S. Trans 269.11 (2a) - Relating to transportation of garbage or refuse permits.
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Rules Published In This Wisconsin Administrative Register.
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Page 28 to 29.
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Agriculture, Trade & Consumer Protection:
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Commerce:
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Commerce:
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Employe Trust Funds:
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Employe Trust Funds:
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Employe Trust Funds:
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Health & Family Services:
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Insurance:
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Insurance:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Revenue:
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Revenue:
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Securities:
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Transportation:
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Workforce Development:
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Final Regulatory Flexibility Analyses.
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Pages 30 to 33.
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1. Agriculture, Trade & Consumer Protection:
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2. Commerce:
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3. Employe Trust Funds:
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4. Employe Trust Funds:
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5. Employe Trust Funds:
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6. Health & Family Services:
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7. Insurance:
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8. Insurance:
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( CR 96-94) - S. Ins 14.02 and ch. Ins 51 |
9. Natural Resources:
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10. Natural Resources:
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11. Natural Resources:
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12. Natural Resources:
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13. Natural Resources:
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14. Natural Resources:
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15. Revenue:
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16. Revenue:
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17. Securities:
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18. Transportation:
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19. Workforce Development:
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Executive Orders.
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Page 34.
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Executive Order 300:
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Relating to the Creation of the Governor's Blue Ribbon Commission on Campaign Finance Reform.
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Executive Order 301:
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Relating to the Creation of the Wisconsin International Trade Council.
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Public Notice
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Page 35.
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Financial Institutions:
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Notice of required interest rate on residential mortgage loan escrow accounts.
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Notices of Nonacquiescence.
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Page 36.
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Revenue:
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Thaddeus J. Hartlaub, D/B/A Worldwide Refinishing Systems v. Wisconsin Department of Revenue.
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Workforce Development:
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Jay Warecki, Transferor and The Fish Connection, Transferee.
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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.
(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:
(a) The use of flammable hydrocarbon-based products in motor vehicle air conditioning systems is inherently hazardous. That hazard will not be materially altered by mere packaging or labeling.
(b) Use is hazardous to persons who are not aware that the refrigerant is present, and have not have seen or read the product label.
(c) Current product labels for HC-12a already contain a warning statement that the contents are under pressure and are extremely flammable. Current labels direct use by qualified personnel only, and list other cautions and instructions when recharging a mobile air conditioning system with this substitute refrigerant. These label statements do not materially alter the hazard inherent in the use for which the product is sold. There are few if any protective actions which a customer or technician could take to reduce the hazards associated with use of the product.
(d) There are no automotive industry standards which would allow a flammable refrigerant to be used in a motor vehicle air conditioning system as currently designed.
(7) Flammable hydrocarbon-based refrigerants, including HC-12a, OZ-12, and other refrigerants containing butane, propane, mixtures of butane and propane, or other gaseous hydrocarbons, pose a serious risk to public health and safety when sold for use as refrigerants in mobile air conditioners. At this time, the public health and safety can only be protected by keeping these products out of the channels of commerce in this state. The department can and should adopt rules, under ss. 93.07(1) and 100.37(2), Stats., prohibiting the sale of such products in this state.
(8) Pending the adoption of rules according normal administrative rulemaking procedures, it is necessary to adopt emergency rules under s. 227.24, Stats., to protect the public health, safety and welfare.
Publication Date:
October 9, 1996
Effective Date:
October 9, 1996
Expiration Date:
March 8, 1997
Hearing Date:
November 15, 1996
EMERGENCY RULES NOW IN EFFECT
Department of Corrections
Rules adopted creating s. DOC 309.05 (2)(d), relating to inmate mail.
Finding of Emergency
The Department of Corrections finds an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
Wisconsin state prison inmates outgoing mail is generally not reviewed or censored. Inmates have used mail to:
1. Contact the victims of their crimes, which has caused severe emotional distress;
2. Threaten and harass elected officials, law enforcement officers, and other persons; and
3. Defraud mail order and other businesses.
Since November 1, 1993, pursuant to Internal Management Procedure #35, the department has stamped outgoing inmate mail to indicate that the mail was sent from the Wisconsin state prison system. IMP #35 was adopted to protect victims of crime, the public, and businesses from inmate harassment and fraud.
The Wisconsin Court of Appeals ruled in an unpublished decision that IMP #35 had to be promulgated as an administrative rule.
In order to protect the public welfare of the state, it is necessary for the department to adopt the following emergency rule to ensure that victims of crime are not further victimized by inmate mail, that members of the public are not threatened or harassed, and that businesses are not defrauded.
Publication Date:
August 15, 1996
Effective Date:
August 15, 1996
Expiration Date:
January 12, 1997
Hearing Dates:
January 10, 13 & 14, 1997
[See Notice this Register]
EMERGENCY RULES NOW IN EFFECT (3)
Health and Social Services
(Community Services, Chs. HSS 30--)
1. Rules were adopted revising ss. HSS 55.70 to 55.76, relating to administration of child care funds.
Exemption From Finding of Emergency
The Legislature in s. 275 (2) of 1995 Wis. Act 289 directed the Department to promulgate rules relating to public assistance required under chs. 46, 48 and 49, Stats., as affected by the Acts of 1995, before July 1, 1996, for the period before permanent rules take effect, by using emergency rulemaking procedures but without having to make a finding of emergency. These are public assistance-related rules. They are for administration of health care funds. They will take effect on July 1, 1996.
Analysis
The Department's rules for county agency, tribal agency and other child care administrative agency administration of funds for child day care under s. 46.98, Stats., are revised by this order to bring the rules into compliance with statute changes made by 1995 Wis. Acts 27 and 289 and changes in federal regulations, including federal regulations for child care and development block grant funding, 45 CFR Parts 98 and 99, and at-risk child care, 45 CFR Part 257, since the rules were last revised in late 1991; to made policies relating to eligibility for low-income child care more like child care eligibility policies under the Job Opportunities and Basic Skills (JOBS) training program under 42 USC 682 and s. 49.193, Stats.; to prevent and deal with fraud; and to clarify the applicability of certain policies.
Key changes are the following:
