Register

Cover_w_new_comp

Wisconsin

Administrative

Register

No. 494

Publication Date: February 14, 1997

Effective Date: February 15, 1997

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

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.

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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.
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 adopted revising ch. HSS 1, relating to parental liability for the cost of care for children in court-ordered substitute care. [FIRST APPEARANCE]
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:	Health, Chs. HSS 110-- Rules adopted creating ch. HFS 125, relating to do-not-resuscitate orders. [FIRST APPEARANCE]
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.
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). 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:	Wage Rates, Chs. ILHR 90-94 Rules relating to prevailing wage rates for state or local public works projects.
Scope Statements.	Pages 13 to 16.
Commerce:	Ch. Comm 5 - Relating to credentials.
Dentistry Examining Board:	DE Code - Relating to clarification of administrative rules.
Dietitians Affiliated Credentialing Board:	DI Code - Relating to clarification of administrative rules.
Financial Institutions--Savings Banks:	SB Code - Relating to allowing savings banks with marketable investment securities and corporate debt instrument to include these assets in calculating liquidity.
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Ch. NR 10 - Relating to establishment of the 1997 migratory game bird hunting seasons.
Natural Resources (Fish, Game, etc., Chs. NR 1--):	NR Code - Relating to migratory game bird harvest information program/approval for hearing.
Natural Resources (Fish, Game, etc., Chs. NR 1--):	NR Code - Relating to authority to hold public meetings on developing horse trails on three Wildlife Areas (WA's).
Pharmacy Examining Board:	Phar Code - Relating to clarification of administrative rules.
Regulation & Licensing:	RL Code - Relating to administrative rules relating to auctioneers and auctioneer companies.
Transportation:	Ch. Trans 152 - Relating to fees paid by Wisconsin-based interstate trucking companies for IFTA decals and licenses.
Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Page 17.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 124 - Relating to price comparison advertising.
Corrections:	Ch. DOC 303 - Relating to inmate conduct, inmate discipline, and procedures for the imposition of discipline.
Health & Family Services:	Ch. HSS 70 - Relating to loans to help establish group homes for recovering substance abusers.
Notices of Hearings or of Proposed Rules.	Pages 19 to 27.
Administration:	Proposed creation of ch. Adm 66, relating to manufactured home dealer financial eligibility. Proposed repeal of ch. Trans 141 and creation of ch. Adm 67, relating to manufactured home dealer trade practices. Proposed creation of ch. Adm 68, relating to licensing periods and fees for manufactured home dealers and salespeople.
Agriculture, Trade & Consumer Protection:	Hearings to consider revisions to ch. ATCP 124, relating to price comparison advertising.
Public Defender:	Hearing to consider s. PD 3.02, relating to the cost of retained counsel.
Public Service Commission:	Hearing to consider revision of ch. PSC 114, relating to the Wisconsin Electrical Code, Volume 1.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 28.
Chiropractic Examining Board:	(CR 96-95) - SS. Chir 6.015 and 6.02 (27) and ch. Chir 11
Corrections:	(CR 96-175) - S. DOC 309.05 (2) (d)
Corrections:	(CR 96-206) - SS. DOC 328.20 and 333.16
Emergency Response Board:	(CR 96-129) - Ch. ERB 6
Employe Trust Funds:	(CR 96-167) - S. ETF 60.53
Health & Family Services:	(CR 95-235) - Ch. HSS 90
Hearing & Speech Examining Board:	(CR 96-162) - SS. HAS 4.03, 5.02, 6.02, 6.065 and 6.09
Hearing & Speech Examining Board:	(CR 96-173) - S. HAS 6.09 (2) (o)
Labor & Industry Review Commission:	(CR 96-136) - Chs. LIRC 1 to 4
Medical Examining Board:	(CR 96-158) - Ch. Med 13
Natural Resources:	(CR 96-159) - SS. NR 10.01, 10.26 and 11.08
Administrative Rules Filed With the Revisor of Statutes Bureau.	Page 29.
Health & Family Services:	(CR 95-236) - Ch. HFS 89
Natural Resources:	(CR 96-74) - SS. NR 7.04, 7.05 and 7.06
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, 484.03, 484.04 and 484.10 and ch. NR 460
Natural Resources:	(CR 96-87) - Chs. NR 400, 407, 423, 460, 468 and 469 and ss. NR 406.04 and 484.04
Workforce Development:	(CR 96-140) - SS. HSS 55.70 to 55.77 and ch. DWD 56

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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.