Wisconsin
Administrative
Register
No. 498
Publication Date: June 30, 1997
Effective Date: July 1, 1997
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
(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 11.
Commerce:
Fee Schedule, Ch. Comm 2
Credentials, Ch. Comm 5
Elevators, Ch. Comm 18

Rules relating to inspection of elevators.
Corrections:
Rules relating to inmate secure work groups .
Rules relating to registration and community notification of sex offenders.
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 relating to increase in premium rates for the Health Insurance Risk-Sharing Plan (HIRSP).
Rule adopted repealing s. Ins 3.46 (18) (d), relating to tax deductible long-term care insurance policies. [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.
Public Instruction:
Rules relating to private school choice program.
Revenue:
Rules relating to sales and use tax treatment of landscaping services.
Rule relating to fees for plat review.
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 relating to 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 13.
Financial Institutions--Securities:
DFI-Sec Code - Relating to the Wisconsin Uniform Securities Law and the Wisconsin Franchise Investment Law.
State Fair Park Board:
SFP Code - Relating to:
1) Changing the legal age from 18 to 17 in certain SFP Code sections, to coincide with current state and municipal statutes; and
2) Repealing and recreating the bond schedule to coincide with current processing municipalities.
Transportation:
Ch. Trans 300 - Relating to the transportation of schoolchildren.
University of Wisconsin System:
Ch. UWS 18 - Relating to conduct on University of Wisconsin System lands.
Workforce Development:
S. DWD 272.14 - Relating to minimum wage -- displacement.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.

Pages 14 to 15.
Health & Family Services:
Ch. HSS 163 - Relating to certification for lead abatement, other lead hazard reduction and lead management activities, and accreditation of training courses.
Natural Resources:
Ch. NR 10 - Relating to the 1997 migratory waterfowl season regulations.
Natural Resources:
Ch. NR 140 - Relating to groundwater quality.
Natural Resources:
Chs. NR 590 and 600 to 685 - Relating to used oil and hazardous waste management rules.
Psychology Examining Board:
Psy Code - Relating to continuing education.
Railroads, Commissioner of:
Ch. RR 1 - Relating to hearing procedures and practices.
Railroads, Commissioner of:
Ch. RR 3 - Relating to regulating intrastate rail rates.
Revenue:
SS. Tax 11.05 and 11.86 - Relating to the sales and use tax treatment of landscaping services, and of sales and purchases by governmental units.
Notices of Hearings or of Proposed Rules.
Pages 16 to 46.
Agriculture, Trade & Consumer Protection:
Hearings to consider ch. ATCP 42, relating to commercial feed.
Corrections:
Hearings to consider revision to ch. DOC 306, relating to security.
Hearings to consider revision to ch. DOC 309, relating to visitation for inmates.
Hearings to consider revision to ch. DOC 309, relating to leisure time activities and religious practices.
Hearings to consider revision to ch. DOC 314, relating to involuntary mental health treatment.
Health & Family Services:
Health, Chs. HSS 110--
Hearings to consider revision to ch. HSS 157, relating to radioactive substances in groundwater.
Hearings to consider revision to ch. HFS 163, relating to lead abatement.
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Hearings to consider revisions to ch. NR 10, relating to 1997 migratory game bird season.
Natural Resources:
Environmental Protection--General, Chs. NR 100--
Hearings to consider revision to ch. NR 140, relating to groundwater standards.
Natural Resources:
Environmental Protection--Solid Waste Management, Chs. NR 500--
Environmental Protection--Hazardous Waste Management, Chs. NR 600--
Hearings to consider revision to chs. NR 590 and 600 to 685, relating to used oil and hazardous waste rules.
Revenue:
Proposed revisions to ch. Tax 11, relating to sales and use tax.
Proposed revision to s. Tax 11.14, relating to use of exemption certificates.
Proposed revision to ss. Tax 11.39 and 11.41, relating to sales and use tax, as it applies to manufacturers.
Hearing to consider renumbering and revision of ch. ATCP 53 to be at ch. Tax 53, relating to fees for plan review.
Hearing to consider revision of ss. Tax 11.05 and 11.86, relating to landscaping services, sales and purchases by governmental units, and use of exemption certificates.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.


Page 47.
Commerce (Development):
(CR 97-37) - Chs. DOD 6 and Comm 108
Corrections:
(CR 96-184) - Ch. DOC 309
Nursing Home Administrator Examining Board:
(CR 97-42) - Chs. NHA 1 to 6
Revenue:
(CR 96-79) - Ch. Tax 18
Workforce Development:
(CR 97-33) - Ch. DWD 290
Administrative Rules Filed with the Revisor of Statutes Bureau.

Page 48.
Employe Trust Funds:
(CR 96-127) - SS. ETF 10.03 (3t) and 20.12
Health and Family Services:
(CR 97-2) - Ch. HFS 125
Health and Family Services:
(CR 97-8) - Ch. HSS 70
Justice:
(CR 96-38) - Ch. Jus 9
Public Defender:
(CR 97-31) - SS. PD 1.035, 1.05 and 1.06
Public Defender:
(CR 97-32) - S. PD 2.06
Rules Published in This Wis. Adm. Register.
Page 49.
Agriculture, Trade & Consumer Protection:
(CR 96-191) - S. ATCP 139.04 (11)
Financial Institutions--Banking:
(CR 96-122) - S. Bkg 73.01
Commerce:
(CR 97-4) - Chs. DOD 13 and Comm 113
Employment Relations:
(CR 97-5) - SS. ER 18.01, 18.04 and 18.15
Health & Family Services:
(CR 96-81) - Ch. HSS 144
Natural Resources:
(CR 96-41) - S. NR 25.04 (2) (b)
Natural Resources:
(CR 96-42) - S. NR 25.08 (3) (b)
Natural Resources:
(CR 96-133) - S. NR 10.09 (1) (c) 1. a.
Natural Resources:
(CR 96-159) - SS. NR 10.01, 10.26 and 11.08
Natural Resources:
(CR 96-174) - SS. NR 25.06, 25.09, 25.10 and 26.23
Natural Resources:
(CR 96-177) - S. NR 5.21 (2)
Natural Resources:
(CR 96-190) - SS. NR 20.02, 20.03 and 25.06
Transportation:
(CR 96-168) - Ch. Trans 117
Veterinary Examining Board:
(CR 96-194) - S. VE 4.01 (3)
Workforce Development:
(CR 94-122) - Ch. DWD 58
Workforce Development:
(CR 96-7) - SS. ILHR 100.02 and 132.001 and
ch. ILHR 140
Final Regulatory Flexibility Analyses.
Pages 50 to 53.
1. Agriculture, Trade & Consumer Protection:
(CR 96-191) - S. ATCP 139.04 (11)
2. Financial Institutions--Banking:
(CR 96-122) - S. Bkg 73.01
3. Commerce:
(CR 97-4) - Chs. DOD 13 and Comm 113
4. Employment Relations:
(CR 97-5) - Chs. ER 18.01, 18.04 and 18.15
5. Health & Family Services:
(CR 96-81) - Ch. HSS 144
6. Natural Resources:
(CR 96-41) - S. NR 25.04 (2) (b)
7. Natural Resources:
(CR 96-42) - S. NR 25.08 (3) (b)
8. Natural Resources:
(CR 96-133) - S. NR 10.09 (1) (c) 1. a.
9. Natural Resources:
(CR 96-159) - SS. NR 10.01, 10.26 and 11.08
10. Natural Resources:
(CR 96-174) - Chs. NR 25 and 26
11. Natural Resources:
(CR 96-177) - S. NR 5.21 (2)
12. Natural Resources:
(CR 96-190) - SS. NR 20.02, 20.03 and 25.06
13. Transportation:
(CR 96-168) - Ch. Trans 117
14. Veterinary Examining Board:
(CR 96-194) - S. VE 4.01 (3)
15. Workforce Development:
(CR 94-122) - Ch. DWD 58
16. Workforce Development:
(CR 96-7) - SS. ILHR 100.02 and 132.001 and
ch. ILHR 140
Executive Orders.
Page 54.
Executive Order #312:
Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff on Memorial Day.
Public Notices.
Pages 55 to 62.
Health & Family Services:
Public notice relating to Medical Assistance (MA) reimbursement of hospitals.
Health & Family Services:
Public notice relating to Medical Assistance (MA) reimbursement of noninstitutional providers for noninstitutional services.
Health & Family Services:
Public notice relating to required recipient copayment for certain Medical Assistance (MA) services.
Health & Family Services:
Public notice relating to Medical Assistance (MA) reimbursement of providers of dental services for dental sealants.
Health & Family Services:
Public notice relating to Medical Assistance (MA) reimbursement of providers of ambulance transportation services.
Health & Family Services:
Public notice relating to Medical Assistance (MA) reimbursement of providers of mental health services.
Health & Family Services:
Public notice relating to Medical Assistance (MA) reimbursement of nursing homes.
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 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.
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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.