(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 11.
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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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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. HFS 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 relating to lead abatement.
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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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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 relating to private school choice program.
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Transportation:
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Rules relating to general transportation aids.
Rules relating to occupational driver's license.
Rules relating to general transportation aids.
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Veterans Affairs:
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Rule adopted creating s. VA 2.01 (2) (b) 18., relating to the health care aid grant program. [FIRST APPEARANCE]
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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 relating to Wisconsin Works program.
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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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Pages 13 to 16.
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Administration:
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Ch. Adm 2 - Relating to the use of state buildings and facilities.
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Agriculture, Trade & Consumer Protection:
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Ch. ATCP 75 - Relating to retail food establishments.
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Natural Resources:
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Ch. NR 115 - Relating to Wisconsin's Shoreland Management Program.
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Pharmacy Examining Board:
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Phar Code - Relating to the minimum standards for pharmacists in preparing sterile pharmaceuticals.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 17 to 19.
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Chiropractic Examining Board:
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Chir Code - Relating to continuing education requirements and approval of continuing education programs for chiropractors.
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Dietitians Affiliated Credentialing Board:
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SS. DI 2.01, 2.02 and 2.03 - Relating to making changes relating to technical matters such as amending form, style and clarity.
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Natural Resources:
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Ch. NR 46 - Relating to the administration of the Forest Crop Law and the Managed Forest Law.
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Natural Resources:
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S. NR 10.12 (11) - Relating to the harvest information program (HIP) for migratory bird hunters.
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Natural Resources:
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Chs. NR 132 and 182 - Relating to the regulation of metallic mineral mining.
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Regulation & Licensing:
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Chs. RL 30 to 35 - Relating to credentialing requirements and procedures for private detective agencies, private detectives and private security persons.
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Revenue:
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SS. Tax 11.001, 11.002, 11.01, 11.35 and 11.97 - Relating to registering for and reporting Wisconsin sales and use taxes.
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Revenue:
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SS. Tax 11.32 and 11.68 - Relating to the computation and collection of sales taxes from customers, and the sales and use tax treatment of construction contractors.
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Revenue:
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Ch. ATCP 53 - Relating to changing the agency acronym to reflect the program transfer from the Department of Agriculture, Trade & Consumer Protection to the Department of Commerce, and to increase plat review fees.
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Transportation:
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Ch. Trans 206 - Relating to the local roads improvement program.
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Transportation:
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Ch. Trans 276 - Relating to allowing the operation of “double bottoms” (and certain other vehicles) on specified highways.
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Transportation:
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Ch. Trans 129 - Relating to the waiver of the motorcycle skills test and to required attendance of motorcycle rider courses and motorcycle instruction permit issuance.
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Transportation:
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Ch. Trans 305 - Relating to standards for vehicle equipment.
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Notices of Hearings or of Proposed Rules.
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Pages 20 to 36.
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Chiropractic Examining Board:
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Hearing to consider revision of ch. Chir 5, relating to continuing education requirements.
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Educational Approval Board:
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Hearing to consider revision of rules relating to approval of schools and programs, setting fees, setting bond requirements, and refund policy.
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Health & Family Services:
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Health, Chs. HSS 110--
Hearings to consider ch. HFS 127, relating to licensing of rural medical centers.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1--
Hearings to consider creating s. NR 10.12 (11), relating to the harvest information program (HIP) for migratory game bird hunters.
Hearing to consider revision to ch. NR 46, relating to the Forest Crop Law and Managed Forest Law.
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Natural Resources:
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Environmental Protection--General, Chs. NR 100--
Hearings to consider revision to chs. NR 132 and 182, relating to metallic mining.
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Natural Resources:
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Environmental Protection--Air Pollution Control,
Chs. NR 400--
Hearings to consider revision to chs. NR 400, 406 and 407, relating to the air permit program.
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Regulation & Licensing:
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Hearing to consider revision of chs. RL 30 to 35, relating to private detectives and private security persons.
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Transportation:
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Hearing to consider revision of ch. Trans 129 and repeal of ch. Trans 503, relating to motorcycle skills test and rider courses and permit issuance.
Proposed amendment to ss. Trans 206.02 (1) and 206.03 (12) (c), relating to the local roads improvement program.
Hearing to consider amendment to s. Trans 276.07 (8), (10), (11) and (16), relating to allowing the operation of “double bottoms” on certain specified highways.
Hearing to consider revision of ch. Trans 305, relating to standards for vehicle equipment.
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Workforce Development:
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Economic Support, Chs. DWD 11--
Hearings to consider chs. DWD 12 and 56, relating to Wisconsin Works program.
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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 37.
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Commerce:
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 38.
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Employe Trust Funds:
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Labor & Industry Review Commission:
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Natural Resources:
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Transportation:
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Transportation:
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Workforce Development:
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Workforce Development:
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( CR 96-7) - SS. ILHR 100.02 and 132.001 and
ch. ILHR 140
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Rules Published in this Wis. Adm. Register.
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Page 39.
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Agriculture, Trade & Consumer Protection:
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Agriculture, Trade & Consumer Protection:
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Agriculture, Trade & Consumer Protection:
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Corrections:
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Corrections:
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Health & Family Services:
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Insurance, Commissioner of:
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Natural Resources:
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Natural Resources:
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( CR 96-160) - SS. NR 25.02, 25.05, 25.06 and 25.07
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Public Defender:
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Public Defender:
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Transportation:
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Transportation:
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( CR 96-76) - SS. Trans 276.07 and 276.09
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Final Regulatory Flexibility Analyses.
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Pages 40 to 42.
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1. Agriculture, Trade & Consumer Protection:
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2. Agriculture, Trade & Consumer Protection:
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3. Agriculture, Trade & Consumer Protection:
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4. Corrections:
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5. Corrections:
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6. Health & Family Services:
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7. Insurance, Commissioner of:
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8. Natural Resources:
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9. Natural Resources:
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10. Public Defender:
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11. Public Defender:
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12. Transportation:
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13. Transportation:
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Executive Orders.
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Page 43.
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Executive Order 307:
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Relating to the Creation of the Governor's Blue Ribbon Task Force on the Stewardship Program.
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Executive Order 308:
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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 the Brave Personnel of the United States Air Force Reserve's 440th Airlift Wing Who Lost Their Lives in the Line of Duty in Tegucigalpa, Honduras.
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Executive Order 309:
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Relating to the Creation of the Wisconsin Science Advisory Council on Metallic Mining.
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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
Health & Family Services
(Management, Policy and 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.
Exemption From Finding of Emergency
The Legislature in s. 9126 (2z) of 1993 Wis. Act 481 directed the Department to promulgate rules required under s. 46.25 (9) (b), Stats., by using emergency rulemaking procedures but exempted the Department from the requirement under s. 227.24 (1) and (3), Stats., to make a finding of emergency.
Analysis
Section 46.10 (14) (b), Stats., as created by 1993 Wis. Act 481, requires that parental support for court-ordered placements under s. 48.345, Stats., for children found to be in need of protection or services, and s. 938.183 (2), 938.34, 938.345 or 938.357, Stats., for youth adjudged delinquent, be established according to the child support percentage of income standard in ch. HSS 80, and s. 46.25 (9) (b), Stats., as created by Wis. Act 481, directs the Department to promulgate rules, separate from ch. HSS 80, for the application of the child support percentage of income standard to court-ordered substitute care cases. The rules are to take into account the needs of any person, including dependent children other than the child going into care, whom either parent is legally obligated to support. The rules proposed here will address these and other issues related to support for children in court-ordered substitute care.
This order creates s. HSS 1.07 relating to parental support for children in court-ordered substitute care and makes related changes in ss. HSS 1.01 to 1.06. However, if a child in care has income or assets, the payment requirements will continue to be assessed according to s. HSS 1.03.
Publication Date:
January 22, 1997
Effective Date:
January 22, 1997
Expiration Date:
June 21, 1997
Hearing Date:
April 8, 1997
EMERGENCY RULES NOW IN EFFECT (2)
Health and Family Services
