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Bruce Munson
Revisor of Statutes
Gary L. Poulson
Deputy Revisor of Statutes
Assistant Revisor-Administrative Code
November 14, 1996
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Wisconsin
Administrative
Register
No. 502
Publication Date: October 31, 1997
Effective Date: November 1, 1997
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
TABCON_O31
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 5 to 8.
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 relating to the inmate complaint review system.
Insurance, Commissioner of:
Rules relating to patients compensation fund.
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.
Rules relating to the 1997 migratory game bird season.
Public Defender:
Rule relating to calculation of indigency.
Public Instruction:
Rules relating to teacher certification.
State Fair Park Board:
Rules relating to activities in the Park and bail bond schedule.
Transportation:
Rules relating to transportation of school children.
Scope Statements.
Pages 9 to 13.
Agriculture, Trade & Consumer Protection:
Chs. ATCP 29 and 30 - Relating to pesticide use and control.
Barbering & Cosmetology Examining Board:
BC Code - Relating to clarification of administrative rules relating to the practice of barbering and cosmetology.
Chiropractic Examining Board:
Chir Code - Relating to the practice of chiropractors.
Dentistry Examining Board:
DE Code - Relating to the periodontal education required, in lieu of successfully completing a clinical periodontal examination, for dentists licensed in other states to qualify for a license in Wisconsin by endorsement.
Employment Relations:
Ch. ER 18 - Relating to sick leave accrual rate, catastrophic leave and other changes in leave provisions for nonrepresented state employes.
Financial Institutions--Securities:
DFI-Sec Code - Relating to repeal of the Division's rules under the securities, take-over and franchise statutes prescribing photocopying charges.
Funeral Directors Examining Board:
FD Code - Relating to clarification of administrative rules relating to the practice of funeral directors.
Health & Family Services:
Ch. HFS 196 - Relating to regulation of restaurants by the Department of Health and Family Services (DHFS) or by local public health departments designated as agents of DHFS.
Insurance:
S. Ins 3.50 (9) (d) - Relating to continuity of access to providers in managed care organizations.
Insurance:
Ch. Ins 28 - Relating to continuing education requirements for insurance intermediaries.
Insurance:
S. Ins 3.39 - Relating to changes in the requirements for Medicare supplement policies to conform to recent federal laws.
Insurance:
Ch. Ins 26 - Relating to prelicensing education requirements for insurance intermediaries.
Investment Board:
Chs. IB 1 and 2 - Relating to restriction of Investment Board employes and general policies of the Investment Board.
Natural Resources:
Ch. NR 20 - Relating to fishing: inland waters; outlying waters.
Transportation:
Ch. Trans 276 - Relating to operation of long combination vehicles on certain specified highways.
Transportation:
Ch. Trans 512 - Relating to the state Infrastructure Bank Program.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.

Pages 14 to 15.
Health & Family Services:
Chs. HFS 10, 67 and 118 - Relating to hearings on relief from institutional charges, low-income standard for allocating state nutrition and senior volunteer funds; and confidentiality of health care information.
Health & Family Services:
Ch. HFS 140 - Relating to required services of local health departments.
Natural Resources:
Ch. NR 485 - Relating to emission limitations for motor vehicles.
Notices of Hearings or of Proposed Rules.
Pages 16 to 19.
Agriculture, Trade & Consumer Protection:
Hearings to consider revision to chs. ATCP 90, 91 and 92, relating to fair packaging and labeling, methods of sale of commodities and weighing and measuring devices.
Natural Resources:
Environmental Protection--Air Pollution Control,
Chs. NR 400--
Hearings to consider revision of Tables 1 and 3 of s. NR 485.04, relating to emission limitations for motor vehicles.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.


Page 20.
Administration:
(CR 96-164) - Ch. Adm 66
Administration:
(CR 96-165) - Chs. Adm 67 and Trans 141
Administration:
(CR 96-166) - Ch. Adm 68
Commerce:
(CR 97-96) - Chs. Comm 2, 5 and 18
Employe Trust Funds:
(CR 97-104) - S. ETF 10.65
Employe Trust Funds:
(CR 97-105) - S. ETF 10.79
Administrative Rules Filed with the Revisor of Statutes Bureau.

Page 21.
Accounting Examining Board:
(CR 97-70) - S. Accy 7.035
Financial Institutions--Savings Banks:
(CR 96-28) - S. DFI-SB 3.08
Commissioner of Insurance:
(CR 97-71) - SS. Ins 17.01 and 17.28
Law Enforcement Standards Board:
(CR 96-118) - Chs. LES 1 to 6
Public Service Commission:
(CR 95-62) - Ch. PSC 168
Revenue:
(CR 97-56) - SS. Tax 11.32 and 11.68
Transportation:
(CR 97-6) - Chs. Trans 253 and 259 and s. Trans 255.06
Transportation:
(CR 97-34) - Ch. Trans 177
Rules Published in this Wis. Adm. Register.
Pages 22 to 23.
Commerce:
(CR 97-37) - Subchs. I, II and III of ch. DOD 6, and
ch. Comm 108
Financial Institutions--Credit Unions:
(CR 97-49) - Ch. CU 54 (ch. DFI-CU 54)
Financial Institutions--Credit Unions:
(CR 97-50) - Ch. CU 55 (ch. DFI-CU 55)
Financial Institutions--Credit Unions:
(CR 97-51) - Ch. CU 57 (ch. DFI-CU 57)
Financial Institutions--Credit Unions:
(CR 97-52) - Ch. CU 70 (ch. DFI-CU 70)
Educational Approval Board:
(CR 97-35) - Chs. EAB 1, 4, 5, 6, 7, 8, 9 and 10
Funeral Directors Examining Board:
(CR 96-183) - Ch. FD 6
Health & Family Services:
(CR 97-91) - Ch. HSS 163
Insurance:
(CR 97-76) - S. Ins 18.07 (5) (bg)
Natural Resources:
(CR 96-132) - S. NR 20.03 (1) (k)
Natural Resources:
(CR 97-15) - S. NR 20.03, 20.04, 20.09, 20.10, 26.05,
26.08, 26.09 and 26.14
Natural Resources:
(CR 97-17) - Ch. NR 809
Natural Resources:
(CR 97-18) - SS. NR 10.001, 10.06, 10.103, 10.106,
10.145, 10.28, 10.29, 11.032 and 19.13
Natural Resources:
(CR 97-19) - SS. NR 10.01, 10.07, 10.12, 10.13,
10.145, 10.27, 10.28, 10.29, 10.34,
10.35, 10.37, 10.40, 15.015 and 15.022
Natural Resources:
(CR 97-59) - SS. NR 46.16, 46.18, 46.24 and 46.30
Revenue:
(CR 97-55) - SS. Tax 11.001, 11.002, 11.01, 11.35
and 11.97
Revenue:
(CR 97-56) - SS. Tax 11.32 and 11.68
Revenue:
(CR 97-68) - SS. Tax 11.39 and 11.41
Revenue:
(CR 97-75) - S. Tax 11.14
Revenue:
(CR 97-90) - SS. Tax 11.05 and 11.86
Transportation:
(CR 97-60) - SS. Trans 206.02 (1) and 206.03 (12) (c) 3
Transportation:
(CR 97-64) - Ch. Trans 305
Workforce Development:
(CR 97-54) - Chs. HSS 215 and DWD 12 and 15 and
s. DWD 56.04
Final Regulatory Flexibility Analyses.
Pages 24 to 27.
1. Commerce:
(CR 97-37) - Subchs. I, II and III of ch. DOD 6, and
ch. Comm 108
2. Financial Institutions--Credit Unions:
(CR 97-49) - Ch. CU 54 (ch. DFI-CU 54)
3. Financial Institutions--Credit Unions:
(CR 97-50) - Ch. CU 55 (ch. DFI-CU 55)
4. Financial Institutions--Credit Unions:
(CR 97-51) - Ch. CU 57 (ch. DFI-CU 57)
5. Financial Institutions--Credit Unions:
(CR 97-52) - Ch. CU 70 (ch. DFI-CU 70)
6. Educational Approval Board:
(CR 97-35) - Chs. EAB 1, 4, 5, 6, 7, 8, 9 and 10
7. Funeral Directors Examining Board:
(CR 96-183) - Ch. FD 6
8. Health & Family Services:
(CR 97-91) - Ch. HSS 163
9. Insurance:
(CR 97-76) - S. Ins 18.07 (5) (bg)
10. Natural Resources:
(CR 96-132) - S. NR 20.03 (1) (k) 7
11. Natural Resources:
(CR 97-15) - Chs. NR 20 & 26
12. Natural Resources:
(CR 97-17) - Ch. NR 809
13. Natural Resources:
(CR 97-18) - Ch. NR 10
14. Natural Resources:
(CR 97-19) - Ch. NR 10
15. Natural Resources:
(CR 97-59) - Ch. NR 46
16. Revenue:
(CR 97-55) - SS. Tax 11.001, 11.002, 11.01, 11.35
and 11.97
17. Revenue:
(CR 97-56) - SS. Tax 11.32 and 11.68
18. Revenue:
(CR 97-68) - SS. Tax 11.39 and 11.41
19. Revenue:
(CR 97-75) - S. Tax 11.14
20. Revenue:
(CR 97-90) - SS. Tax 11.05 and 11.86
21. Transportation:
(CR 97-60) - Ch. Trans 206
22. Transportation:
(CR 97-64) - Ch. Trans 305
23. Workforce Development:
(CR 97-54) - Chs. HSS 215 and DWD 12 and 15 and
s. DWD 56.04
Executive Orders.
Page 28.
Executive Order #317:
Relating to the Implementation of the Federal Communication Commission's Universal Service Fund Order.
Executive Order #318:
Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for Fire Fighters of this State Who Have Given Their Lives in the Line of Duty.
emer_oct
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.