Register

NEWSREL

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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
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Prices for the 1995-96 Wisconsin Statutes and Annotations bound volumes have been established and are detailed below:

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Wisconsin

Administrative

Register

No. 498

Publication Date: June 14, 1997

Effective Date: June 15, 1997

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

TabCon_MJN

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

Emergency Rules Now In Effect.	Pages 5 to 12.
Agriculture, Trade & Consumer Protection:	Rule relating to prohibiting certain gaseous hydrocarbons in mobile air conditioners.
Commerce:	Fee Schedule, Ch. Comm 2 Credentials, Ch. Comm 5 Elevators, Ch. Comm 18 Rules relating to inspection of elevators.
Corrections:	Rules adopted creating ch. DOC 304, relating to inmate secure work groups . [FIRST APPEARANCE] Rules adopted creating ch. DOC 322, relating to registration and community notification of sex offenders. [FIRST APPEARANCE]
Development (Commerce):	Rules relating to annual allocation of volume cap.
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 do-not-resuscitate orders. Rules relating to lead abatement.
Insurance, Commissioner of:	Rule relating to requirements for tax deductible long-term care insurance policies. Rule revising s. Ins 18.07 (5) (bg), relating to increase in premium rates for the Health Insurance Risk-Sharing Plan (HIRSP). [FIRST APPEARANCE]
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.
Public Instruction:	Rules relating to private school choice program.
Revenue:	Rules adopted revising ch. Tax 11, relating to sales and use tax treatment of landscaping services. [FIRST APPEARANCE] Rule adopted creating ch. Tax 53, relating to fees for plat review. [FIRST APPEARANCE]
Transportation:	Rules relating to occupational driver's license.
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 adopted revising ch. DWD 272, relating to minimum wage. [FIRST APPEARANCE]
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 14.
Corrections:	DOC Code - Relating to secure work crews.
Hearing & Speech Examining Board:	HAS Code - Relating to recordkeeping by hearing instrument specialists.
Medical Examining Board:	Med Code - Relating to dispensing or prescribing of controlled substances for the treatment of obesity.
Natural Resources (Fish, Game, etc., Chs. NR 1--):	Ch. NR 20 - Relating to the recreational fishing regulations.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Page 15.
Administration:	Ch. Adm 1 - Relating to the Department's authority and responsibilities regarding the operation and parking of motor vehicles on state-controlled property.
Commerce:	Ch. Comm 27 - Relating to piers for manufactured homes.
Corrections:	Ch. DOC 309 - Relating to inmate mail, property and telephones.
Public Instruction:	Ch. PI 3, 4 and 8 - Relating to teacher certification requirements, certification program requirements, and Standard (L).
Notices of Hearings or of Proposed Rules.	Pages 16 to 18.
Commerce:	Hearings to consider revision to ch. Comm 27, relating to piers for new manufactured homes.
Public Instruction:	Hearings to consider revision to chs. PI 3, 4 and 8, relating to teacher certification, certification program requirements, and Standard (L).
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 19.
Commerce:	(CR 96-172) - Chs. Comm 18 and ILHR 51, 52, 66, 69 and 70
Educational Approval Board:	(CR 97-35) - Chs. EAB 1 to 10
Health and Family Services:	(CR 97-24) - Ch. HSS 148
Health and Family Services:	(CR 97-36) - Ch. HSS 1
Insurance, Commissioner of:	(CR 96-192) - S. Ins 2.80
Insurance, Commissioner of:	(CR 97-7) - S. Ins 3.46
Insurance, Commissioner of:	(CR 97-9) - S. Ins 2.17
Optometry Examining Board:	(CR 97-22) - Chs. Opt 1 and 3 to 7
Public Service Commission:	(CR 95-62) - Ch. PSC 168
Regulation and Licensing:	(CR 97-25) - Chs. RL 100 to 105 and 110 to 116
Transportation:	(CR 97-63) - S. Trans 276.07 (8), (11) and (16)
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 20.
Hearing & Speech Examining Board:	(CR 96-162) - SS. HAS 4.03, 5.02, 6.02, 6.065 and 6.09
Hearing & Speech Examining Board:	(CR 96-173) - S. HAS 6.09 (2) (o)
Natural Resources:	(CR 96-40) - S. NR 19.025
Natural Resources:	(CR 96-133) - S. NR 10.09 (1) (c) 1. a.
Natural Resources:	(CR 96-135) - S. NR 27.03 (2) and (3)
Natural Resources:	(CR 96-190) - SS. NR 20.02, 20.03 and 25.06
Regulation and Licensing:	(CR 96-193) - Ch. RL 50 and ss. RL 52.02, 52.04, 53.02, 54.04 and 54.05
Regulation and Licensing:	(CR 97-1) - SS. RL 25.02, 25.025, 25.03, 25.035 and 25.066
Veterinary Examining Board:	(CR 96-194) - S. VE 4.01 (3)

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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 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.