Register

NEWSREL_N30

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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
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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.

Cover_w_new_comp

Wisconsin

Administrative

Register

No. 491

Publication Date: November 30, 1996

Effective Date: December 1, 1996

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

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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 14.
Agriculture, Trade & Consumer Protection:	Rules relating to animal health. Rule relating to prohibiting certain gaseous hydrocarbons in mobile air conditioners.
Corrections:	Rule relating to inmate mail.
Health & Family Services:	Community Services, Chs. HSS 30-- Rules relating to administration of child care funds. Rules relating to child care providers certification. Rule relating to child care funds and copayments.
Health & Family Services:	Medical Assistance, Chs. HSS 100-- Rules relating to coverage of school-based medical services.
Health & Family Services:	Health, Chs. HSS 110-- Rules relating to permit fees. Rules relating to public swimming pools. Rules relating to fees.
Health & Social Services (Workforce Development):	Economic Support, Chs. HSS 200-- Rules relating to time limits on benefits for AFDC recipients in the Job Opportunities and Basic Skills (JOBS) program.
Industry, Labor & Human Relations (Commerce):	Uniform Dwellings, Chs. ILHR 20-25 Rules relating to dwellings constructed in flood hazard zones.
Industry, Labor & Human Relations (Commerce):	Building & Heating, etc., Chs. ILHR 50-64 Multi-Family Dwelling, Ch. ILHR 66 Rules delaying energy efficiency revision to chs. ILHR 50-64 and 66.
Industry, Labor & Human Relations (Workforce Development):	Labor Standards, Chs. ILHR 270-279 Rules relating to the minimum wage.
Insurance, Commissioner of:	Rules relating to premium rates for the Health Insurance Risk-Sharing Plan (HIRSP).
Natural Resources:	Fish, Game, etc., Chs. NR 1- Rules relating to size and bag limits for Lac du Flambeau reservation. Rules relating to the 1996 deer hunting season. Rules relating to fishing for yellow perch in Lake Michigan. Rules relating to the 1996 deer hunting season. Rules relating to the 1996 migratory game bird season. Rules relating to fishing for yellow perch in Lake Michigan. Rule adopted creating s. NR 27.07, relating to notice of receipt of an application to incidentally take an endangered or threatened species. [FIRST APPEARANCE] Rules adopted revising chs. NR 25 and 26, relating to the Lake Superior fisheries management plan. [FIRST APPEARANCE]
Public Instruction:	Rules relating to dispute resolution concerning children with exceptional educational needs (EEN). Rules relating to the handicapping condition of significant developmental delay.
Transportation:	Rules relating to transportation of garbage or refuse permits. Rules adopted revising ch. Trans 76, relating to general transportation aids. Rules adopted revising ch. Trans 117, relating to occupational driver's license.
Scope Statements.	Pages 15 to 17.
Employe Trust Funds:	ETF Code - Relating to procedures by which participating employes may reestablish forfeited service and purchase other types of service in the Wisconsin Retirement System (WRS), as authorized under chapter 40 of the Wisconsin Statutes.
Health & Family Services:	Ch. HSS 148 - Relating to rural counties participating in the Wisconsin breast cancer screening program.
Natural Resources:	NR Code - Relating to Sturgeon Management Assessment Team and to the evaluation of current sturgeon management goals.
Natural Resources:	S. NR 27.03 (3) - Relating to a revision to list the timber rattlesnake as a threatened species.
Natural Resources:	Ch. NR 702 - Relating to contingency planning for hazardous substances discharge response by state agencies; and Ch. NR 704 - Relating to contingency planning for abandoned container response.
Revenue:	S. Tax 12.065 - Relating to assessor continuing education.
Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Page 19 to 20.
Corrections:	Ch. DOC 308 - Relating to administrative confinement.
Corrections:	S. DOC 309.05 (2) (b) - Relating to the stamping of outgoing inmate mail.
Corrections:	Ch. DOC 324 - Relating to the release of inmates under work and study program.
Natural Resources:	S. NR 5.21 (2) - Relating to the slow-no-wake speed restriction waiver on the Wild Rose Pond.
Natural Resources:	SS. NR 25.09, 25.10 & 26.23 - Relating to the Lake Superior fisheries management plan.
Natural Resources:	S. NR 27.07 - Relating to notice of an application to incidentally take an endangered or threatened species.
Natural Resources:	Chs. NR 502, 503, 506, 512, 514, 516 and 520 - Relating to solid waste management.
Transportation:	Ch. Trans 76 - Relating to general transportation aids.
Notice Section.	Pages 21 to 24.
Industry, Labor & Human Relations: [Workforce Development]	Labor Standards, Chs. 270 - 279 Hearing to consider revision of chs. ILHR 272 and 274, relating to minimum wage.
Natural Resources:	Fish, Game, etc., Chs. NR 1-- Hearing to consider s. NR 5.21, relating to waiver of slow-no-wake restriction on the Wild Rose Pond. Hearing to consider revision to chs. NR 25 and 26, relating to the Lake Superior Fisheries Management Plan.
Natural Resources:	Environmental Protection-Solid & Hazardous Waste, Chs. NR 500-- Hearings to consider revision to chs. NR 502, 503, 506, 512, 514, 516 & 520, relating to solid waste management.
Transportation:	Hearing to consider revision to ch. Trans 76, relating to general transportation aids.
Administrative Rules Filed With the Revisor of Statutes Bureau.	Page 25.
Agriculture Trade & Consumer Protection:	(CR 96-71) - Chs. ATCP 10 to 12
Employe Trust Funds:	(CR 96-125) - S. ETF 10.75
Employe Trust Funds:	(CR 96-126) - SS. ETF 20.04 (4), 20.07 & 60.53
Employe Trust Funds:	(CR 96-137) - SS. ETF 10.01, 20.14, 20.15 & 20.16
Health & Family Services:	(CR 96-103) - Chs. HSS 124, 132 and 134
Insurance:	(CR 96-40) - Chs. Ins 14 and 51
Natural Resources:	(CR 96-72) - S. NR 20.04 (5)
Natural Resources:	(CR 96-96) - S. NR 10.01
Natural Resources:	(CR 96-97) - S. NR 20.038
Revenue:	(CR 96-83) - S. Tax 11.95
Revenue:	(CR 96-91) - SS. Tax 11.28, 11.46, 11.51 and 11.87
Securities:	(CR 96-143) - Chs. SEC 2,3,4,5,7,9, 31,32,33,35 and 37
Rules Published in this Wisconsin Administrative Register.	Page 26.
Agriculture, Trade & Consumer Protection:	(CR 96-2) - Chs. ATCP 3 & 50
Financial Institutions-Banking:	(CR 96-67) - Ch. Bkg 76
Financial Institutions-Banking:	(CR 96-68) - S. Bkg 80.25
Health & Family Services:	(CR 96-120) - S. HSS 146.03 (9), (10) and (11)
Natural Resources:	(CR 96-21) - SS. NR 149.22 and 219.04 Table A
Natural Resources:	(CR 96-73) - Chs. NR 200 & 205
Public Defender:	(CR 96-101) - S. PD 3.039
Public Defender:	(CR 96-102) - S. PD 2.03 (4), (5) and (8)
Regulation & Licensing:	(CR 96-33) - Chs. RL 120 and 128
Securities:	(CR 96-128) - S. SEC 2.01 (1) (c) 5 and (d) 5
Social Workers, Marriage & Family Therapists and Professional Counselors:	(CR 96-34) - SS. SFC 2.01 (5) and 3.13
Transportation:	(CR 96-117) - S. Trans 276.07 (4) and (7)
Final Regulatory Flexibility Analysis.	Page 27 to 28.
Agriculture, Trade & Consumer Protection:	(CR 96-2) - Ch. ATCP 50
Natural Resources:	(CR 96-73) - Chs. NR 200 & 205
Public Defender:	(CR 96-101) - S. PD 3.039
Public Defender:	(CR 96-102) - S. PD 2.03
Regulation & Licensing:	(CR 96-33) - Ch. RL 128
Securities:	(CR 96-128) - S. SEC 2.01
Social Workers, Marriage and Family Therapists and Professional Counselors:	(CR 96-34) - SS. SFC 2.01 & 3.13
Transportation:	(CR 96-117) - S. Trans 276.07 (4)

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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 (2)

Department of Agriculture, Trade & Consumer Protection

1.   Rules adopted revising chs. ATCP 10 to 12, relating to animal health.

Finding of Emergency

The state of Wisconsin department of agriculture, trade and consumer protection (“department”) finds that an emergency exists and that an emergency rule is necessary to protect public health, safety and welfare. The facts constituting the emergency are as follows:

(1) 1995 Wis. Act 79 was published December 8, 1995. Under its provisions, no person may keep farm-raised deer in Wisconsin after June 1, 1996, unless that person is registered with the department.

(2) 1995 Wis. Act 79 requires the department to adopt rules which specify the fee for registration. In addition, rules are necessary to establish the mechanism for registration.

(3) Prior to 1995 Wis. Act 79, persons who kept farm-raised deer were required to be licensed by the department of natural resources (DNR). Many persons who keep farm-raised deer will have become licensed with DNR for calendar year 1996. Those licenses will be transferred to the department as registrations.