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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
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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Commerce:
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Fee Schedule, Ch. Comm 2
Credentials, Ch. Comm 5
Elevators, Ch. Comm 18
Rules relating to inspection of elevators.
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Corrections:
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Rules relating to inmate secure work groups .
Rules relating to registration and community notification of sex offenders.
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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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Insurance, Commissioner of:
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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]
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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.
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Public Instruction:
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Rules relating to private school choice program.
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Revenue:
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Rules relating to sales and use tax treatment of landscaping services.
Rule relating to fees for plat review.
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Veterans Affairs:
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Rule relating to the health care aid grant program.
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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. DWD 270-279
Rules relating to 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 12 to 13.
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Financial Institutions--Securities:
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DFI-Sec Code - Relating to the Wisconsin Uniform Securities Law and the Wisconsin Franchise Investment Law.
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State Fair Park Board:
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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.
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Transportation:
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Ch. Trans 300 - Relating to the transportation of schoolchildren.
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University of Wisconsin System:
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Ch. UWS 18 - Relating to conduct on University of Wisconsin System lands.
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Workforce Development:
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S. DWD 272.14 - Relating to minimum wage -- displacement.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 14 to 15.
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Health & Family Services:
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Ch. HSS 163 - Relating to certification for lead abatement, other lead hazard reduction and lead management activities, and accreditation of training courses.
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Natural Resources:
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Ch. NR 10 - Relating to the 1997 migratory waterfowl season regulations.
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Natural Resources:
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Ch. NR 140 - Relating to groundwater quality.
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Natural Resources:
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Chs. NR 590 and 600 to 685 - Relating to used oil and hazardous waste management rules.
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Psychology Examining Board:
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Psy Code - Relating to continuing education.
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Railroads, Commissioner of:
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Ch. RR 1 - Relating to hearing procedures and practices.
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Railroads, Commissioner of:
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Ch. RR 3 - Relating to regulating intrastate rail rates.
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Revenue:
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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.
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Notices of Hearings or of Proposed Rules.
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Pages 16 to 46.
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Agriculture, Trade & Consumer Protection:
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Hearings to consider ch. ATCP 42, relating to commercial feed.
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Corrections:
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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.
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Health & Family Services:
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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.
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Natural Resources:
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Fish, Game, etc., Chs. NR 1--
Hearings to consider revisions to ch. NR 10, relating to 1997 migratory game bird season.
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Natural Resources:
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Environmental Protection--General, Chs. NR 100--
Hearings to consider revision to ch. NR 140, relating to groundwater standards.
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Natural Resources:
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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.
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Revenue:
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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.
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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 47.
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Commerce (Development):
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Corrections:
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Nursing Home Administrator Examining Board:
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Revenue:
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Workforce Development:
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 48.
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Employe Trust Funds:
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Health and Family Services:
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Health and Family Services:
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Justice:
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Public Defender:
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( CR 97-31) - SS. PD 1.035, 1.05 and 1.06
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Public Defender:
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Rules Published in This Wis. Adm. Register.
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Page 49.
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Agriculture, Trade & Consumer Protection:
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Financial Institutions--Banking:
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Commerce:
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( CR 97-4) - Chs. DOD 13 and Comm 113
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Employment Relations:
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( CR 97-5) - SS. ER 18.01, 18.04 and 18.15
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Health & Family Services:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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Natural Resources:
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( CR 96-174) - SS. NR 25.06, 25.09, 25.10 and 26.23
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Natural Resources:
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Natural Resources:
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Transportation:
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Veterinary Examining Board:
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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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Final Regulatory Flexibility Analyses.
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Pages 50 to 53.
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1. Agriculture, Trade & Consumer Protection:
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2. Financial Institutions--Banking:
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3. Commerce:
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( CR 97-4) - Chs. DOD 13 and Comm 113
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4. Employment Relations:
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( CR 97-5) - Chs. ER 18.01, 18.04 and 18.15
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5. Health & Family Services:
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6. Natural Resources:
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7. Natural Resources:
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8. Natural Resources:
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9. Natural Resources:
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10. Natural Resources:
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11. Natural Resources:
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12. Natural Resources:
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13. Transportation:
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14. Veterinary Examining Board:
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15. Workforce Development:
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16. Workforce Development:
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( CR 96-7) - SS. ILHR 100.02 and 132.001 and
ch. ILHR 140
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Executive Orders.
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Page 54.
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Executive Order #312:
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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 on Memorial Day.
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Public Notices.
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Pages 55 to 62.
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Health & Family Services:
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Public notice relating to Medical Assistance (MA) reimbursement of hospitals.
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Health & Family Services:
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Public notice relating to Medical Assistance (MA) reimbursement of noninstitutional providers for noninstitutional services.
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Health & Family Services:
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Public notice relating to required recipient copayment for certain Medical Assistance (MA) services.
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Health & Family Services:
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Public notice relating to Medical Assistance (MA) reimbursement of providers of dental services for dental sealants.
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Health & Family Services:
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Public notice relating to Medical Assistance (MA) reimbursement of providers of ambulance transportation services.
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Health & Family Services:
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Public notice relating to Medical Assistance (MA) reimbursement of providers of mental health services.
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Health & Family Services:
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Public notice relating to Medical Assistance (MA) reimbursement of nursing homes.
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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 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 (2)
Department of Corrections
1. Rules adopted creating ch. DOC 304, relating to inmate secure work groups.
Finding of Emergency
The Department of Corrections finds an emergency exists and that a rule is necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
Effective June 1, 1997, appropriations will be made available to the Department of Corrections for the establishment of secure work groups. Section 303.063 (2), Stats. requires that if the Department establishes a secure work program, the Department shall, before implementing the program, promulgate rules specifying the procedures and regulations relating to the program. The Department has just begun the permanent rule process for establishing the administrative rules for the secure work program. It typically takes nine months for a permanent administrative rule to be promulgated from the time the permanent rule making process begins.
The Department needs to adopt administrative rules regarding the organization and operation of the secure work group program in order to have rules in place which will comply with Sec. 303.063 (2), Stats. The rules will provide for the protection of the public, the correctional officers and the inmates by providing the requirements for participation in the program as well as providing for safety and security concerns.
An emergency currently exists as the prison population is idle and needs secure work groups to provide inmates work opportunities, to prepare inmates for work opportunities upon release to the community, and to reintegrate inmates into the community.
Publication Date:
May 30, 1997
Effective Date:
May 30, 1997
Expiration Date:
October 28, 1997
2. Rules adopted creating ch. DOC 332, relating to registration and community notification of sex offenders.
Finding of Emergency
The Department of Corrections finds that an emergency exists and that a rule is necessary for the immediate preservation of the public safety. A statement of the facts constituting the emergency is: The legislature has directed the department to implement programs for sex offender registration and community notification by June 1, 1997. Emergency rules are necessary to implement the June 1, 1997, timeline mandated by the legislature, inform sex offenders of registration procedures, and inform law enforcement, victims and the public of the right to access information under the procedures designed by the department. Emergency rules are necessary to implement the June 1, 1997, timeline established by the legislature while permanent rules are developed and promulgated.
Publication Date:
June 1, 1997
Effective Date:
June 1 , 1997
Expiration Date:
October 30, 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
Extension Through:
August, 19, 1997
EMERGENCY RULES NOW IN EFFECT (2)
Health and Family Services
(Health, Chs. HSS 110--)
1. Rules adopted creating ch. HFS 125, relating to do-not-resuscitate bracelets to alert emergency health care personnel.
Finding of Emergency
The Department of Health and Family Services finds that an emergency exists and that the adoption of the rules is necessary for the immediate preservation of the public peace, health, safety or welfare. The facts constituting the emergency are as follows:
A recent session law, 1995 Wis. Act 200, created ss. 154.17 to 154.29, Stats., relating to a do-not-resuscitate (DNR) order written by the attending physician for a patient who requests the order and who has a terminal condition or a medical condition such that, if the patient were to suffer cardiac or pulmonary failure, resuscitation would be unsuccessful or would cause significant physical pain or harm that would outweigh the possibility of successful restoration of the function for an indefinite period of time. A DNR order directs emergency health care personnel not to attempt cardiopulmonary resuscitation on a patient for whom the order is issued if that person suffers cardiac or respiratory arrest. Emergency health care personnel will know if there is a do-not-resuscitate order in effect if the patient has on his or her wrist a do-not-resuscitate bracelet which has been affixed there by the patient's attending physician or at the direction of the patient's attending physician. Emergency health care personnel are expected to follow a do-not-resuscitate order unless the patient revokes the order, the bracelet appears to have been tampered with or the patient is known to be pregnant.
Section 154.19 (3) (a), Stats., created by Wis. Act 200, permits the Department to establish procedures by rule for emergency health care personnel to use in following do-not-resuscitate orders, and s. 154.27, Stats., as created by Wis. Act 200, requires the Department to establish by rule a uniform standard for the size, color and design of do-not-resuscitate bracelets.
These rules are being published by emergency order because while most Wis. Act 200 provisions have taken effect and do-not-resuscitate orders are being written for patients who are qualified, as defined in s. 154.17 (4), Stats., as created by Wis. Act 200, and request the order, without rules that establish a uniform standard for the bracelets the Department cannot approve bracelets. If the bracelet is not approved by the Department, it cannot be affixed. In the absence of a DNR bracelet on the wrist of a person in cardiac or respiratory arrest, emergency health care personnel ordinarily cannot know that a DNR order is in effect, and so must initiate cardiopulmonary resuscitation which in some cases will contravene a DNR order.
