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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. 495
Publication Date: March 31, 1997
Effective Date: April 1, 1997
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
TABCON_M31
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. 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:
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.
Public Instruction:
Rules relating to private school choice program.
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.
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 12 to 14.
Employe Trust Funds:
Ch. ETF 41 - Relating to long-term care insurance.
Insurance, Commissioner of:
SS. Ins 2.14 and 2.16 - Relating to life insurance solicitation and advertising.
Insurance, Commissioner of:
S. Ins 3.53 - Relating to HIV testing procedures.
Natural Resources:
Ch. NR 101 - Relating to reports and fees for wastewater dischargers.
Psychology Examining Board:
Psy Code - Relating to limiting the number of hours per continuing education program.
Regulation & Licensing:
RL Code - Relating to the use of unlicensed personal assistants by real estate licensees.
Revenue:
Ch. Tax 19 - Relating to the original tax rate disparity program which was renamed the expenditure restraint program.
Social Workers, Marriage & Family Therapists and Professional Counselors (Professional Counselors Section):

SFC Code - Relating to education requirements, applications, temporary certification and examination administration.
Transportation:
Ch. Trans 276 - Relating to establishing a network of highways on which long combination vehicles may operate, by adding three highway segments to the network.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.

Pages 15 to 17.
Commerce:
Chs. DOD 6 and Comm 108 - Relating to the Community Development Block Grant Program.
Educational Approval Board:
EAB Code - Relating to the approval of schools and programs, setting fees, setting bond requirements, outlining refund policy and, in general, affecting all aspects of the Educational Approval Board's approval of schools.
Health & Family Services:
Ch. HSS 1 - Relating to the operation of the Department's uniform fee system, including determination of parental liability for the costs of court-ordered substitute care.
Insurance, Commissioner of:
S. Ins 2.17 - Relating to life insurance illustrations.
Natural Resources:
Ch. NR 37 - Relating to timber cutting on lands adjacent to the Lower Wisconsin State Riverway.
Natural Resources:
Chs. NR 400, 406 and 407 - Relating to timber cutting on lands adjacent to the Lower Wisconsin State Riverway.
Natural Resources:
Chs. NR 45 and 51 - Relating to the use regulations on state lands.
Nursing Home Administrator Examining Board:
Chs. NHA 1 to 6 - Relating to the licensure of nursing home administrators.
Transportation:
Ch. Trans 177 - Relating to motor carriers.
Notices of Hearings or of Proposed Rules.
Pages 18 to 47.
Administration:
Hearing to consider creation of chs. Adm 66, 67 and 68, relating to manufactured home dealer financial eligibility, trade practices, facilities and records, licensing periods and fees.
Agriculture, Trade & Consumer Protection:
Hearings to consider revision to chs. ATCP 60, 70, 71, 75 and 80, relating to food and dairy license fees.
Hearings to consider revisions to ch. ATCP 31, relating to groundwater protection.
Commerce (Development):
Hearing to consider the revision of ch. DOD 6 and renumbering to be ch. Comm 108, relating to the community development block grant program.
Corrections:
Hearings to consider revision to ch. DOC 324, relating to the inmate work and study release program.
Hearings to consider the revision to ch. DOC 325, relating to the temporary release of an inmate under supervision.
Hearings to consider revision to ch. DOC 326, relating to leave for qualified inmates.
Insurance, Commissioner of:
Hearing to consider revision to s. Ins 2.17, relating to life insurance illustrations.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearing to consider revision to chs. NR 45 and 51, relating to use regulations on state lands.
Hearings to consider revision to ch. NR 37, relating to timber cutting on lands adjacent to the Lower Wisconsin State Riverway.
Natural Resources:
Environmental Protection-Air Pollution Control,
Chs. NR 400--
Hearings on revision to chs. NR 400, 406 and 407, relating to the air permit program.
Nursing Home Administrator Examining Board:
Hearing to consider changes to the NHA Code, relating to licensure.
Transportation:
Hearing to consider ch. Trans 177, relating to motor carriers.
(See notice under Administration.)
Veterans Affairs:
Hearing on emergency rule revision to ch. VA 2, relating to the health care aid grant program.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.


Page 48.
Agriculture, Trade and Consumer Protection:
(CR 96-191) - S. ATCP 139.04 (11)
Commerce:
(CR 97-4) - Chs. DOD 13 and Comm 113
Corrections:
(CR 96-163) - S. DOC 313.025
Health & Family Services:
(CR 96-81) - Ch. HSS 144
Administrative Rules Filed with the Revisor of Statutes Bureau.

Page 49.
Agriculture, Trade and Consumer Protection:
(CR 96-138) - Ch. ATCP 98
Agriculture, Trade and 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. ILHR 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
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
Rules Published in this Wis. Adm. Register.
Page 50.
Commerce:
(CR 95-69) - Ch. Comm 202
Commerce:
(CR 96-144) - Amending the effective date clause of
CR 94-116 and affecting
chs. ILHR 50 to 64 and 66.
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
Final Regulatory Flexibility Analyses.
Pages 51 to 52.
1. Commerce:
(CR 95-69) - Ch. Comm 202
2. Commerce:
(CR 96-144)- Amending the effective date clause of
CR 94-116 and affecting
chs. ILHR 50 to 64 and 66.
3. Natural Resources:
(CR 96-74) - SS. NR 7.04, 7.05 and 7.06
4. Natural Resources:
(CR 96-77) - Ch. NR 235
5. Natural Resources:
(CR 96-78) - Ch. NR 233
6. Natural Resources:
(CR 96-86) - SS. NR 439.01, 484.03, 484.04 and 484.10
and ch. NR 460
7. Natural Resources:
(CR 96-87) - Chs. NR 400, 407, 423, 460, 468 and 469
and ss. NR 406.04 and 484.04
Executive Orders.
Page 53.
Executive Order 305.
Relating to the Creation of the Governor's Commission on Teaching in the 21st Century.
Executive Order 306.
Relating to Issuance of General Obligation Bonds for the Veterans Home Loan Program and Appointment of Hearing Officer.
emergMAR
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.