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Wisconsin
Administrative
Register
No. 493
Publication Date: January 31, 1997
Effective Date: February 1, 1997
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
NEWSREL
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(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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TabCon_J31
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 5 to 10.
Agriculture, Trade & Consumer Protection:
Rule relating to prohibiting certain gaseous hydrocarbons in mobile air conditioners.
Corrections:
Rule relating to inmate mail.
Development (Commerce):
Rules relating to annual allocation of volume cap.
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 & 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 (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).
Rule relating to requirements for tax deductible long-term care insurance policies.
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 Lake Superior fisheries management plan.
Transportation:
Rules relating to general transportation aids.
Rules relating to occupational driver's license.
Workforce Development:
Economic Support
Rules relating to administration of child care funds and required parent copayments.
Workforce Development:
Wage Rates, Chs. ILHR 90-94
Rules relating to prevailing wage rates for state or local public works projects.
Scope Statements.
Pages 11 to 14.
Commerce:
Ch. DOD 6 and ch. Comm 106 - Relating to block grants under the Department of Commerce's Community Development Block Grant -- Public Facilities, Economic Development, Public Facilities Economic Development, and Emergency Grant Programs.
Commerce:
Ch. Comm 113 - Relating to the allocation of volume cap on private activity bonds for calendar year 1998.
Financial Institutions--Credit Unions:
Ch. CU 55 (DFI-CU 55) - Relating to check cashing, money orders and travelers checks.
Financial Institutions--Credit Unions:
Ch. CU 57 (DFI-CU 57) - Relating to retention of credit union books and records.
Financial Institutions--Credit Unions:
Ch. CU 70 (DFI-CU 70) - Relating to participation loan authority parity with federal credit unions.
Natural Resources:
NR Code - Relating to consolidating requirements for laboratories and facilities reporting data to the agency.
Natural Resources:
NR Code - Relating to rule promulgation for cost-sharing at contaminated sites.
Natural Resources:
Ch. NR 720 - Relating to permission to add additional compounds to the soil standards table in ch. NR 720, Soil Quality Standards, to develop guidance and outreach efforts for the continuing implementation of the ch. NR 720 rule series.
Public Service Commission:
Ch. PSC 114 - Relating to electrical safety of utility facilities.
Transportation:
S. Trans 201.15 - Relating to allowing the use of movable parts on off-premises category advertising signs (billboards).
Transportation:
Ch. Trans 261 - Relating to mobile home multiple trip permits.
Workforce Development:
Ch. DWD 56 - Relating to the administration of child care funds and required copayments.
Notice of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.

Pages 15 to 16 .
Employment Relations:
SS. ER 18.01 (5), 18.04 (2) and 18.15 - Relating to the creation of a catastrophic leave program that permits classified nonrepresented employes to donate certain types and amounts of leave credits to other classified nonrepresented employes who have been granted an unpaid leave of absence due to a catastrophic need, and removal of the reference to Good Friday as a legal holiday for state employes.
Health & Family Services:
Ch. HFS 125 - Relating to do-not-resuscitate bracelets to alert emergency health care personnel of do-not-resuscitate orders.
Insurance, Commissioner of:
S. Ins 3.46 (18) - Relating to the requirements for tax deductible long-term care insurance in Wisconsin.
Natural Resources:
Chs. NR 406, 407, 460 and 463 - Relating to federal emission standards for chromium electroplating and chromium anodizing operations.
Regulation and Licensing:
Ch. RL 25 - Relating to continuing education for real estate personnel.
Transportation:
Chs. Trans 253, 255 and 259 - Relating to overweight permits.
Notices of Hearings or Proposed Rules.
Pages 17 to 24.
Corrections:
Hearing to consider s. DOC 313.025, relating to definition of a “prison industry”.
Development [Commerce]:
Hearing to consider repeal of ch. DOD 13 and creation of ch. Comm 113, relating to allocation of volume cap.
Employment Relations:
Hearing to consider a revision to ch. ER 18, relating to a catastrophic leave program.
Insurance, Commissioner of:
Hearing to consider s. Ins 3.46 (18), relating to the requirements for tax deductible long-term care insurance.
Regulation and Licensing:
Hearing to consider revision to ch. RL 25, relating to educational requirements for real estate salesperson's and broker's license.
Regulation and Licensing:
Hearing to consider a revision to chs. RL 50 to 54, relating to the regulation of cemetery authorities and salespeople.
Transportation:
Hearing to consider the creation of ch. Trans 253 and revision to chs. Trans 255 and 259, relating to overweight and oversize permits.
Notice of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.


Page 25.
Agriculture, Trade & Consumer Protection:
(CR 96-138) - Ch. ATCP 98
Agriculture, Trade & Consumer Protection:
(CR 96-139) - S. ATCP 21.15
Barbering & Cosmetology Examining Board:
(CR 96-217) - S. BC 2.03 (7)
Financial Institutions--Banking:
(CR 96-122) - S. Bkg 73.01
Insurance, Commissioner of:
(CR 96-153) - S. Ins 18.07 (5)
Natural Resources:
(CR 96-41) - S. NR 25.04 (2) (b)
Natural Resources:
(CR 96-42) - S. NR 25.08 (3) (b)
Natural Resources:
(CR 96-132) - S. NR 20.03 (1) (k) 7.
Natural Resources:
(CR 96-134) - Chs. NR 190 and 191
Natural Resources:
(CR 96-160) - SS. NR 25.02, 25.05, 25.06 and 25.07
Public Defender:
(CR 96-161) - S. PD 3.04
Transportation:
(CR 96-62) - Ch. Trans 301
Transportation:
(CR 96-76) - SS. Trans 276.07 and 276.09
Transportation:
(CR 96-179) - Ch. Trans 76
Workforce Development:
(CR 96-7) - SS. ILHR 100.02 and 132.001
and ch. ILHR 140
Workforce Development:
(CR 96-156) - S. HSS 201.135 (s. DWD 11.135)
Administrative Rules Filed With the Revisor of Statutes Bureau.

Page 26.
Health & Family Services:
(CR 96-141) - SS. HSS 55.55 to HSS 55.62 and
s. HSS 55.63
Natural Resources:
(CR 96-39) - Chs. NR 158, 700, 705, 706, 708 and
ss. NR 712.11, 716.05, 722.01, 724.01
724.17 and 726.02
Natural Resources:
(CR 96-85) - Chs. NR 19, 21 and 22
Rules Published in this Wis. Adm. Register.
Page 27.
Agriculture, Trade & Consumer Protection:
(CR 96-149) - S. HSS 165.21 and ch. ATCP 77
Health & Family Services:
(CR 92-55) - Chs. HSS 46 and 55
Health & Family Services:
(CR 96-90) - SS. HSS 101.03 (24m), (78m) and (78r)
and 105.53 and 107.36
Health & Family Services:
(CR 96-93) - SS. HSS 172.04, 175.04, 178.05, 195.04
and 196.04, 197.04 and 198.04
Health & Family Services:
(CR 96-119) - SS. HSS 172.03 and 172.05
Health & Family Services:
(CR 96-124) - SS. HSS 136.03 and 136.04
Health & Family Services:
(CR 96-154) - S. HSS 105.36 and ch. HSS 107
Natural Resources:
(CR 95-192) - Chs. NR 400-- series
Natural Resources:
(CR 96-98) - SS. NR 25.03 and 25.06
Psychology Examining Board:
(CR 96-123) - SS. Psy 2.01, 2.015, 2.05 and 3.01
Public Instruction:
(CR 96-111) - SS. PI 11.02 and 11.35
Public Instruction:
(CR 96-121) - Ch. PI 11
Public Service Commission:
(CR 96-17) - Ch. PSC 185
Regulation & Licensing:
(CR 96-130) - SS. RL 34.01 and 34.011
Regulation & Licensing:
(CR 96-150) - Ch. RL 130
Transportation:
(CR 96-70) - S. Trans 139.05 (8)
Transportation:
(CR 96-146) - SS. Trans 325.01, 325.02, 326.01 and
328.03
Transportation:
(CR 96-147) - Ch. Trans 102
Transportation:
(CR 96-155) - S. Trans 269.11 (2a)
Final Regulatory Flexibility Analyses.
Pages 28 to 30.
1. Agriculture, Trade & Consumer Protection:
(CR 96-149) - Ch. ATCP 77
2. Health & Family Services:
(CR 96-90) - Chs. HSS 101, 105 and 107
3. Health & Family Services:
(CR 96-154) - Chs. HSS 105 and 107
4. Health & Family Services:
(CR 96-124) - Ch. HSS 136
5. Health & Family Services:
(CR 96-119) - Ch. HSS 172
6. Health & Family Services:
(CR 96-93) - Chs. HSS 172, 175, 178, and 195 to 198
7. Health & Family Services:
(CR 92-55) - Ch. HSS 46
8. Natural Resources:
(CR 96-98) - SS. NR 25.03 and 25.06
9. Psychology Examining Board:
(CR 96-123) - Chs. Psy 2 and 3
10. Public Instruction:
(CR 96-111) - Ch. PI 11
11. Public Instruction:
(CR 96-121) - Ch. PI 11
12. Public Service Commission:
(CR 96-17) - Ch. PSC 185
13. Regulation & Licensing:
(CR 96-130) - Ch. RL 34
14. Transportation:
(CR 96-155) - Ch. Trans 269
15. Transportation:
(CR 96-70) - S. Trans 139.05
16. Transportation:
(CR 96-147) - Ch. Trans 102
17. Transportation:
(CR 96-146) - Ch. Trans 325
Public Notice.
Page 31.
Health & Family Services:
Public notice relating to Medical Assistance (MA) reimbursement of hospitals.
emergjan
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 Agriculture, Trade & Consumer Protection
Rule adopted creating s. ATCP 139.04 (11), relating to prohibiting the sale of butane, propane, mixtures of butane and propane, or other gaseous hydrocarbons for use as refrigerants in mobile air conditioners.
Finding of Emergency
(1) On June 2, 1995, the United States Environmental Protection Agency (“EPA”) issued a final rule prohibiting the use of HC-12a, a hydrocarbon-based refrigerant containing liquified petroleum gas, as a refrigerant in mobile air conditioning systems. EPA prohibited HC-12a, and a predecessor product called OZ-12, because of safety risks associated with the use of flammable refrigerants in mobile air conditioning systems. According to EPA, the manufacturer of HC-12a did not provide adequate information to demonstrate that the product was safe when used in a mobile air conditioning system.
(2) Despite the current EPA rule, at least one company is currently engaged in manufacturing and distributing HC-12a for use in motor vehicle air conditioning systems. The Idaho manufacturer argues that EPA lacks jurisdiction to regulate the sale of its product. HC-12a is currently being offered, distributed or promoted for sale at wholesale and retail outlets in Wisconsin and surrounding states, for use as a refrigerant in mobile air conditioning systems.
(3) HC-12a is a highly flammable substance, as defined by the American Society of Testing and Materials (ASTM) standard test procedure for refrigerants, the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE), and Underwriter's Laboratories. Use of HC-12a or its predecessor, OZ-12, in mobile air conditioning systems is inconsistent with standards adopted by the Society of Automotive Engineers. According to those standards, refrigerants used in mobile air conditioning systems must be of low toxicity, and must be nonflammable and nonexplosive.
(4) At least 13 states have enacted legislation prohibiting the sale of refrigerants for use in air conditioning or refrigeration systems unless those refrigerants meet flammability standards or are specifically approved for their intended use.
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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.