Register

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Wisconsin

Administrative

Register

No. 497

Publication Date: May 14, 1997

Effective Date: May 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.
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:	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. Rules relating to general transportation aids.
Veterans Affairs:	Rule relating to the health care aid grant program.
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.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 92 - Relating to weighing and measuring devices.
Corrections:	DOC Code - Relating to establishing policies, procedures, and standards for the sex offender community notification program and honesty testing of sex offenders program.
Employe Trust Funds:	ETF Code - Relating to restoration of an employe's group insurance coverage under chapter 40, Stats., when the employe is reinstated to participating employment as a result of a court order or compromise settlement.
Insurance, Commissioner of:	S. Ins 18.07 (5) (bg) - Relating to HIRSP (health insurance risk-sharing plan) rate increase for fiscal year 1997-1998.
Public Instruction:	Chs. PI 3, 4 and 8 - Relating to teacher licensing and development.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 15 to 16.
Accounting Examining Board:	Accy Code - Relating to the education required of candidates to take the examination leading to receipt of a credential as a certified public accountant after December 31, 2000.
Corrections:	Ch. DOC 306 - Relating to security procedures at correctional institutions.
Corrections:	S. DOC 309.15 - Relating to inmate access to legal materials and legal services.
Corrections:	Ch. DOC 309 - Relating to resources for inmates.
Employe Trust Funds:	S. ETF 10.08 - Relating to the definition of termination of employment for purposes of eligibility for Wisconsin Retirement System benefits.
Health and Family Services:	S. HFS 107.07 - Relating to the coverage of dental services under the Medical Assistance program.
Insurance, Commissioner of:	SS. Ins 17.01 and 17.28 - Relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 1997.
Revenue:	SS. Tax 11.39 and 11.41 - Relating to the definition of manufacturing, and taxation of items consumed or destroyed in manufacturing for sales and use tax purposes.
Notices of Hearings or of Proposed Rules.	Pages 17 to 21.
Agriculture, Trade & Consumer Protection:	See notice under Revenue.
Employe Trust Funds:	Hearing to consider amendment to s. ETF 20.02, relating to rehired annuitants.
Insurance:	Hearing to consider revision to ch. Ins 17, relating to patient compensation fund and mediation fund fees.
Revenue:	Proposed revision to s. Tax 12.065, relating to assessor certification. Proposed repeal of ch. ATCP 53 and creation of ch. Tax 53, relating to plat review. Proposed amendment to s. Tax 11.66, relating to telecommunications services.
Savings Banks:	Proposed revision to s. SB 3.08, relating to the definition of “primary liquid assets”.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 22.
Corrections:	(CR 96-92) - Ch. DOC 326
Corrections:	(CR 96-105) - Ch. DOC 325
Corrections:	(CR 96-176) - Ch. DOC 324
Health and Family Services:	(CR 97-2) - Ch. HFS 125
Health and Family Services:	(CR 97-8) - Ch. HSS 70
Insurance, Commissioner of:	(CR 96-182) - Ch. Ins 23
Natural Resources:	(CR 96-148) - Chs. NR 102, 105, 106 and 207
Natural Resources:	(CR 96-178) - Chs. NR 502, 503, 506, 512, 514, 516 and 520
Public Defender:	(CR 97-31) - Ch. PD 1
Public Defender:	(CR 97-32) - S. PD 2.06
Workforce Development:	(CR 97-23) - S. DWD 56.08
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 23.
Financial Institutions--Banking:	(CR 96-122) - S. Bkg 73.01
Commerce:	(CR 97-4) - Ch. DOD 13 and ch. Comm 113
State Emergency Response Board:	(CR 96-129) - Ch. ERB 6
Public Defender:	(CR 97-12) - S. PD 3.02
Workforce Development:	(CR 94-122) - Ch. DWD 58
Workforce Development:	(CR 96-181) - Chs. ILHR 272 and DWD 272

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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.