Wisconsin
Administrative
Register
No. 495
Publication Date: March 14, 1997
Effective Date: March 15, 1997
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
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 3 to 9.
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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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Development (Commerce):
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Rules relating to annual allocation of volume cap.
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Health & Family Services:
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Management, Policy & Budget, Chs. HSS 1--
Rules relating to parental liability for the cost of care for children in court-ordered substitute care.
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Health & Family Services:
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Health, Chs. HSS 110--
Rules relating to do-not-resuscitate orders.
Rules adopted revising ch. HSS 163, relating to lead abatement. [FIRST APPEARANCE]
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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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Insurance, Commissioner of:
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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.
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Natural Resources:
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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.
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Public Instruction:
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Rules adopted revising ch. PI 35, relating to private school choice program. [FIRST APPEARANCE]
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Transportation:
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Rules relating to general transportation aids.
Rules relating to occupational driver's license.
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Workforce Development:
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Economic Support, Chs. DWD 11-59
Rules relating to administration of child care funds and required parent copayments.
Rules adopted creating ch. DWD 12, relating to Wisconsin Works program. [FIRST APPEARANCE]
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Workforce Development:
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Labor Standards, Chs. ILHR 270-279
Rules relating to the minimum wage.
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Workforce Development:
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Wage Rates, Chs. ILHR 290-294
Rules relating to prevailing wage rates for state or local public works projects.
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Scope Statements.
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Page 10.
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Transportation:
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Ch. Trans 29 - Relating to accommodating utility facilities on state-owned railroad corridors.
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Workforce Development:
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Ch. DWD 12 - Relating to Wisconsin Works (W2), under ss. 49.141 through 49.161, Stats., as created by 1995 Wis. Act 289.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Page 11 to 12.
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Commerce:
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Ch. Comm 113 - Relating to annual allocation of volume cap on tax-exempt bonds for 1998.
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Corrections:
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Ch. DOC 314 - Relating to mental health treatment for inmates.
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Corrections:
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Ch. DOC 311 - Relating to observation status.
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Regulation & Licensing:
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Chs. RL 100 to 105, 110 to 116 - Relating to the titles of the chapters of the current rules, the statutory authority for each chapter, and to the form, style, placement, clarity, grammar, punctuation and plain language of the current rules.
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Revenue:
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S. Tax 11.12 - Relating to sales and use tax exemption for certain items used in farming.
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Notices of Hearings or of Proposed Rules.
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Pages 13 to 44.
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Commerce:
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Hearing to consider revision to ch. DOD [Comm] 13 [113], relating to annual allocation of volume cap on tax-exempt bonds for 1998.
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Health & Family Services:
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Management, Policy & Budget, Chs. HSS 1--
Hearing to consider revision to ch. HSS 1, relating to the Uniform Fee System.
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Health & Family Services:
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Community Services, Chs. HSS 30--
Proposed amendment to ch. HSS 70, relating to loans to help pay for group housing for persons recovering from alcohol or other drug abuse.
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Natural Resources:
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Environmental Protection-Air Pollution Control,
Chs. NR 400--
Proposed revision to chs. NR 400, 406, 407 and 439 and creation of ch. NR 463, relating to emission standards for chromium electroplating and chromium anodizing operations.
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Optometry Examining Board:
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Hearing to consider revision to the Opt Code, relating to applications, examinations, continuing education requirements and professional conduct.
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Public Defender:
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Hearing to consider revision to ch. PD 2, relating to assignments of trial division cases.
Hearing to consider revision to ch. PD 1, relating to certification of private bar attorneys.
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Public Instruction:
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Hearing to consider emergency rules amending ch. PI 35, relating to the Milwaukee private school choice program.
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Regulation and Licensing:
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Hearing to consider revision to chs. RL 100 to 116, relating to amateur and professional boxing.
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Workforce Development:
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Wage Rates, Chs. ILHR 290-294
Hearing to consider revision to ch. ILHR 290, relating to prevailing wage rates for state or local public works.
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Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
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Page 45.
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Employment Relations
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Funeral Directors Examining Board:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Public Defender:
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Transportation:
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Transportation:
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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
Extension Through:
May 6, 1997
EMERGENCY RULES NOW IN EFFECT
Department of Commerce
Rules adopted repealing ch. DOD 13 and creating ch. Comm 113, relating to the annual allocation of volume cap.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
Historically, s. 560.032, Stats. has been interpreted by the legislature and certain legislative attorneys to provide that the annual allocation for the distribution of volume cap established by the Department of Commerce expires at the end of each calendar year. To comply with this interpretation, the Department is required to repeal and recreate the volume cap rule annually. The proposed permanent rule for 1997 is in process. Without this emergency rule, which is effective upon publication in the official state newspaper and filing with the Secretary of State and Revisor of Statutes, there will be several months during which Wisconsin will be unable to take advantage of the approximately $260 million of volume cap and thus risk losing the jobs and investment that would be created by Wisconsin businesses that otherwise would make use of the federally subsidized financing during the period. Adoption of the rule will insure that there is no gap in the use of this development tool and that the jobs and investment occur.
Publication Date:
December 30, 1996
Effective Date:
December 30, 1996
Expiration Date:
May 29, 1997
Hearing Date:
February 13, 1997
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
