(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
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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 12.
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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.
Rule adopted revising ch. DOC 310, relating to the inmate complaint review system. [FIRST APPEARANCE]
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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 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 relating to tax deductible long-term care insurance policies.
Rules relating to patients compensation fund.
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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.
Rules relating to teacher certification.
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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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State Fair Park Board:
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Rules adopted revising chs. SFP 2 and 7, relating to activities in the Park and bail bond schedule. [FIRST APPEARANCE]
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Transportation:
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Rules relating to transportation of school children.
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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 13 to 17.
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Agriculture, Trade & Consumer Protection:
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Ch. ATCP 48 - Relating to drainage districts.
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Commerce:
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Chs. ILHR 50-64 - Relating to building and heating, ventilating and air conditioning.
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Commerce:
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Ch. Comm 87 - Relating to Wisconsin Fund--private sewage replacement or rehabilitation grant program.
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Employe Trust Funds:
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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.
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Employe Trust Funds:
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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.
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Natural Resources:
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Ch. NR 149 - Relating to laboratory certification and registration.
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Physical Therapists Affiliated Credentialing Board:
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PT Code - Relating to clarification of administrative rules.
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Revenue:
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S. Tax 1.13 - Relating to power of attorney requirements.
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Workforce Development:
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Ch. DWD 14 - Relating to electronic benefit transfer system for food stamps.
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Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
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Pages 19 to 20.
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Administration:
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Ch. Adm 2 - Relating to the use, care and preservation of property under the Department's control.
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Corrections:
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Ch. DOC 310 - Relating to the inmate complaint review system.
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Regulation & Licensing:
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RL Code - Relating to the employment of personal assistants by real estate salespeople and broker-employes.
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Transportation:
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Ch. Trans 201 - Relating to the erection of outdoor advertising signs where messages may be changed by electronic process.
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Transportation:
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Ch. Trans 276 - Relating to allowing the operation of “double bottoms” (and certain other vehicles) on specified highways.
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Transportation:
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Ch. Trans 300 - Relating to the transportation of schoolchildren.
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Notices of Hearings or of Proposed Rules.
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Pages 21 to 42.
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Corrections:
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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.
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Employe Trust Funds:
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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.
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Regulation & Licensing:
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Hearing to consider revision to ch. RL 17, relating to employment of personal assistants by real estate salespeople and brokers.
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Revenue:
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Proposed revision to s. Tax 11.15, relating to sales and use tax as it applies to containers.
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Transportation:
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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.
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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 43.
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Accounting Examining Board:
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Chiropractic Examining Board:
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Chiropractic Examining Board:
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( CR 97-65) - SS. Chir 5.01, 5.02 and 5.03 |
Dietitians Affiliated Credentialing Board:
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( CR 97-61) - SS. DI 2.01, 2.02, 2.03, 2.04, 3.01 and 4.01 |
Employe Trust Funds:
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Natural Resources:
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( CR 97-59) - SS. NR 46.16, 46.18, 46.24 and 46.30
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Public Instruction:
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( CR 97-81) - Chs. PI 3 and 4 and s. PI 8.01
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Regulation & Licensing:
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Transportation:
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( CR 97-6) - Ch. Trans 253 and ss. Trans 255.06, 259.02
and 259.04
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Transportation:
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( CR 97-60) - SS. Trans 206.02 and 206.03
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Administrative Rules Filed with the Revisor of Statutes Bureau.
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Page 44.
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Corrections:
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Insurance, Commissioner of:
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Nursing Home Administrator Examining Board:
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Optometry Examining Board:
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( CR 97-22) - Chs. Opt 1,3, 4, 5, 6 and 7 |
Regulation & Licensing:
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( CR 97-25) - Chs. RL 100 to 105 and 110 to 116 |
Transportation:
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( CR 97-63) - S. Trans 276.07 (8), (11), (16) and (17)
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Workforce Development:
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( CR 97-23) - Subch. VII of ch. HSS 55 and
s. DWD 56.08
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Correction.
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Page 45.
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Insurance, Commissioner of:
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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
Expiration Date:
October 28, 1997
Hearing Dates:
August 25, 28 & 29, 1997
[See Notice this Register]
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
Hearing Dates:
August 27, 28 & 29, 1997
[See Notice this Register]
3. Rules adopted revising ch. DOC 310, relating to inmates complaint review system.
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 and welfare. A statement of the facts constituting the emergency is:
There is a Corrections Complaint Examiner with two investigator positions and a program assistant position at the Department of Justice. The number and placement of these Corrections Complaint Examiner positions have been in effect for years. At the present time there is a substantial backlog of approximately 3,000 inmate complaints which need to be reviewed by the Corrections Complaint Examiner. The Department of Justice's position is that it will no longer do the Corrections Complaint Examiner function.
The Department must change its administrative rule to reflect the placement of the Corrections Complaint Examiner function from the Department of Justice to the Department of Corrections. The Department must also change its administrative rule regarding inmate complaints to make the system more efficient as a substantial backlog now exists, and there will be no new positions at the Department of Corrections to do the work of the Corrections Complaint Examiner.
The Department's purpose in the inmate complaint review system is to afford inmates a process by which grievances may be expeditiously raised, investigated, and decided. An efficient inmate complaint review system is required for the morale of the inmates and the orderly functioning of the institutions. An emergency exists due to the current backlog and the proposed moving of the function which will require the Department of Corrections to do the work of the Corrections Complaint Examiners with no new positions.
Publication Date:
August 4, 1997
Effective Date:
August 4, 1997
Expiration Date:
January 2, 1998
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.
