Register

NEWSREL

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[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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Wisconsin

Administrative

Register

No. 500

Publication Date: August 14, 1997

Effective Date: August 15, 1997

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

TABCON_MAG

T a b l e o f C o n t e n t s

Emergency Rules Now In Effect.	Pages 5 to 12.
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. Rule adopted revising ch. DOC 310, relating to the inmate complaint review system. [FIRST APPEARANCE]
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 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 relating to tax deductible long-term care insurance policies. Rules relating to patients compensation fund.
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. Rules relating to teacher certification.
Revenue:	Rules relating to sales and use tax treatment of landscaping services. Rule relating to fees for plat review.
State Fair Park Board:	Rules adopted revising chs. SFP 2 and 7, relating to activities in the Park and bail bond schedule. [FIRST APPEARANCE]
Transportation:	Rules relating to transportation of school children.
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 13 to 17.
Agriculture, Trade & Consumer Protection:	Ch. ATCP 48 - Relating to drainage districts.
Commerce:	Chs. ILHR 50-64 - Relating to building and heating, ventilating and air conditioning.
Commerce:	Ch. Comm 87 - Relating to Wisconsin Fund--private sewage replacement or rehabilitation grant program.
Employe Trust Funds:	S. ETF 10.78 - Relating to, under certain circumstances, the Department waiving the requirements for a court order appointing a legal guardian, and allowing a natural or general guardian to apply for a WRS benefit on behalf of a ward.
Employe Trust Funds:	S. ETF 10.82 (2) - Relating to determining what form of electronically and mechanically reproduced documents and signatures the Department of Employe Trust Funds will accept in lieu of an original document with an individual's original signature.
Natural Resources:	Ch. NR 149 - Relating to laboratory certification and registration.
Physical Therapists Affiliated Credentialing Board:	PT Code - Relating to clarification of administrative rules.
Revenue:	S. Tax 1.13 - Relating to power of attorney requirements.
Workforce Development:	Ch. DWD 14 - Relating to electronic benefit transfer system for food stamps.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 19 to 20.
Administration:	Ch. Adm 2 - Relating to the use, care and preservation of property under the Department's control.
Corrections:	Ch. DOC 310 - Relating to the inmate complaint review system.
Regulation & Licensing:	RL Code - Relating to the employment of personal assistants by real estate salespeople and broker-employes.
Transportation:	Ch. Trans 201 - Relating to the erection of outdoor advertising signs where messages may be changed by electronic process.
Transportation:	Ch. Trans 276 - Relating to allowing the operation of “double bottoms” (and certain other vehicles) on specified highways.
Transportation:	Ch. Trans 300 - Relating to the transportation of schoolchildren.
Notices of Hearings or of Proposed Rules.	Pages 21 to 42.
Corrections:	Hearings to consider ch. DOC 304, relating to inmate secure work programs. Hearings to consider revision to ch. DOC 309, relating to inmate mail property and phones. Hearings to consider revision to ch. DOC 309, relating to inmate accounts and pay. Hearings to consider revision to ch. DOC 309, relating to inmate access to legal materials and services. Hearings to consider revision to ch. DOC 311, relating to inmates in observation status for mental and medical health reasons. Hearings to consider ch. DOC 332, relating to sex offenders.
Employe Trust Funds:	Hearing to consider s. ETF 10.65, relating to refunding contributions to the Retirement System that exceed legal limits. Hearing to consider s. ETF 10.79, relating to procedures for locating missing participants and transferring abandoned account balances.
Regulation & Licensing:	Hearing to consider revision to ch. RL 17, relating to employment of personal assistants by real estate salespeople and brokers.
Revenue:	Proposed revision to s. Tax 11.15, relating to sales and use tax as it applies to containers.
Transportation:	Hearing to consider revision of s. Trans 201.15, relating to erecting outdoor advertising signs with electronic messages. Hearing to consider revision of s. Trans 276.07, relating to allowing oversize vehicles to operate on certain highways. Hearing to consider revision of ch. Trans 300, relating to the transportation of schoolchildren.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 43.
Accounting Examining Board:	(CR 97-70) - S. Accy 7.035
Chiropractic Examining Board:	(CR 97-59) - Ch. Chir 6.015 and 6.02
Chiropractic Examining Board:	(CR 97-65) - SS. Chir 5.01, 5.02 and 5.03
Dietitians Affiliated Credentialing Board:	(CR 97-61) - SS. DI 2.01, 2.02, 2.03, 2.04, 3.01 and 4.01
Employe Trust Funds:	(CR 97-72) - S. ETF 20.02
Natural Resources:	(CR 97-59) - SS. NR 46.16, 46.18, 46.24 and 46.30
Public Instruction:	(CR 97-81) - Chs. PI 3 and 4 and s. PI 8.01
Regulation & Licensing:	(CR 97-48) - Chs. RL 30 to 35
Transportation:	(CR 97-6) - Ch. Trans 253 and ss. Trans 255.06, 259.02 and 259.04
Transportation:	(CR 97-60) - SS. Trans 206.02 and 206.03
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 44.
Corrections:	(CR 96-176) - Ch. DOC 324
Insurance, Commissioner of:	(CR 97-9) - S. Ins 2.17
Nursing Home Administrator Examining Board:	(CR 97-42) - Chs. NHA 1 to 6
Optometry Examining Board:	(CR 97-22) - Chs. Opt 1,3, 4, 5, 6 and 7
Regulation & Licensing:	(CR 97-25) - Chs. RL 100 to 105 and 110 to 116
Transportation:	(CR 97-63) - S. Trans 276.07 (8), (11), (16) and (17)
Workforce Development:	(CR 97-23) - Subch. VII of ch. HSS 55 and s. DWD 56.08
Correction.	Page 45.
Insurance, Commissioner of:	(CR 96-182) - Ch. Ins 23

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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

Hearing Date:   July 29, 1997

EMERGENCY RULES NOW IN EFFECT (3)

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