(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
The 1995-96 Wisconsin Statutes and Annotations can be ordered now
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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 12.
Agriculture, Trade & Consumer Protection:
Rule relating to prohibiting certain gaseous hydrocarbons in mobile air conditioners.
Commerce:
Fee Schedule, Ch. Comm 2
Credentials, Ch. Comm 5
Elevators, Ch. Comm 18

Rules relating to inspection of elevators.
Corrections:
Rules adopted creating ch. DOC 304, relating to inmate secure work groups . [FIRST APPEARANCE]
Rules adopted creating ch. DOC 322, relating to registration and community notification of sex offenders. [FIRST APPEARANCE]
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.
Insurance, Commissioner of:
Rule relating to requirements for tax deductible long-term care insurance policies.
Rule revising s. Ins 18.07 (5) (bg), relating to increase in premium rates for the Health Insurance Risk-Sharing Plan (HIRSP). [FIRST APPEARANCE]
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.
Revenue:
Rules adopted revising ch. Tax 11, relating to sales and use tax treatment of landscaping services. [FIRST APPEARANCE]
Rule adopted creating ch. Tax 53, relating to fees for plat review. [FIRST APPEARANCE]
Transportation:
Rules relating to occupational driver's license.
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. DWD 270-279
Rules adopted revising ch. DWD 272, relating to minimum wage. [FIRST APPEARANCE]
Workforce Development:
Wage Rates, Chs. ILHR 290-294
Rules relating to prevailing wage rates for state or local public works projects.
Scope Statements.
Pages 13 to 14.
Corrections:
DOC Code - Relating to secure work crews.
Hearing & Speech Examining Board:
HAS Code - Relating to recordkeeping by hearing instrument specialists.
Medical Examining Board:
Med Code - Relating to dispensing or prescribing of controlled substances for the treatment of obesity.
Natural Resources (Fish, Game, etc., Chs. NR 1--):
Ch. NR 20 - Relating to the recreational fishing regulations.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.

Page 15.
Administration:
Ch. Adm 1 - Relating to the Department's authority and responsibilities regarding the operation and parking of motor vehicles on state-controlled property.
Commerce:
Ch. Comm 27 - Relating to piers for manufactured homes.
Corrections:
Ch. DOC 309 - Relating to inmate mail, property and telephones.
Public Instruction:
Ch. PI 3, 4 and 8 - Relating to teacher certification requirements, certification program requirements, and Standard (L).
Notices of Hearings or of Proposed Rules.
Pages 16 to 18.
Commerce:
Hearings to consider revision to ch. Comm 27, relating to piers for new manufactured homes.
Public Instruction:
Hearings to consider revision to chs. PI 3, 4 and 8, relating to teacher certification, certification program requirements, and Standard (L).
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.


Page 19.
Commerce:
(CR 96-172) - Chs. Comm 18 and ILHR 51, 52, 66,
69 and 70
Educational Approval Board:
(CR 97-35) - Chs. EAB 1 to 10
Health and Family Services:
(CR 97-24) - Ch. HSS 148
Health and Family Services:
(CR 97-36) - Ch. HSS 1
Insurance, Commissioner of:
(CR 96-192) - S. Ins 2.80
Insurance, Commissioner of:
(CR 97-7) - S. Ins 3.46
Insurance, Commissioner of:
(CR 97-9) - S. Ins 2.17
Optometry Examining Board:
(CR 97-22) - Chs. Opt 1 and 3 to 7
Public Service Commission:
(CR 95-62) - Ch. PSC 168
Regulation and Licensing:
(CR 97-25) - Chs. RL 100 to 105 and 110 to 116
Transportation:
(CR 97-63) - S. Trans 276.07 (8), (11) and (16)
Administrative Rules Filed with the Revisor of Statutes Bureau.

Page 20.
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)
Natural Resources:
(CR 96-40) - S. NR 19.025
Natural Resources:
(CR 96-133) - S. NR 10.09 (1) (c) 1. a.
Natural Resources:
(CR 96-135) - S. NR 27.03 (2) and (3)
Natural Resources:
(CR 96-190) - SS. NR 20.02, 20.03 and 25.06
Regulation and Licensing:
(CR 96-193) - Ch. RL 50 and ss. RL 52.02, 52.04, 53.02,
54.04 and 54.05
Regulation and Licensing:
(CR 97-1) - SS. RL 25.02, 25.025, 25.03, 25.035 and
25.066
Veterinary Examining Board:
(CR 96-194) - S. VE 4.01 (3)
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:   July 5, 1997
EMERGENCY RULES NOW IN EFFECT
Department of Commerce
(Fee Schedule, Ch. Comm 2)
(Credentials, Ch. Comm 5)
(Elevators, Ch. Comm 18)
Rules adopted revising chs. Comm 2, 5 and 18, relating to inspection of elevators and mechanical lifting devices.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
The Department inspects elevators and mechanical lifting devices to ensure these units are installed and operating in accordance with the elevator safety rules. The Department is required to inspect both new and existing elevator installations. Due to the increased number of elevators and mechanical lifting devices installed in new construction, the Department has not been able to keep up with all of its required inspections. To ensure that the citizens of Wisconsin are safe when using elevators and other mechanical lifting devices, the Department must increase the number of people performing these safety inspections.
The Department rules relating to fees, certification, and inspection procedures are being modified to permit additional individuals to perform inspections of elevators and other mechanical lifting devices. The Department proposes to fund additional inspections by amending its fees to match Department expenses. Plan review and certificate of operation fees would be lowered. Inspection fees would be raised.
Publication Date:   May 4, 1997
Effective Date:   June 1, 1997
Expiration Date:   October 30, 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
Extension Through:   June 30, 1997
EMERGENCY RULES NOW IN EFFECT (2)
Department of Corrections
1.   Rules adopted creating ch. DOC 304, relating to inmate secure work groups.
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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.