Register

Cover_w_new_comp

Wisconsin

Administrative

Register

No. 499

Publication Date: July 14, 1997

Effective Date: July 15, 1997

Revisor of Statutes Bureau

Suite 800, 131 West Wilson Street

Madison, Wisconsin 53703-3233

NEWSREL

- See PDF for diagram

[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
With Postage   Without Postage   With Postage   Without Postage

$107.00   $101.00     $96.00   $91.00

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.

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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 12.
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.
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 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 adopted revising ch. Ins 17, relating to patients compensation fund. [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.
Public Instruction:	Rules relating to private school choice program. Rules adopted revising chs. PI 3 and 4, relating to teacher certification. [FIRST APPEARANCE]
Revenue:	Rules relating to sales and use tax treatment of landscaping services. Rule relating to fees for plat review.
Transportation:	Rules adopted revising ch. Trans 300, relating to transportation of school children. [FIRST APPEARANCE]
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 relating to minimum wage.
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.
Commerce:	Chs. ILHR 50 to 64 and 66 - Relating to uniform multifamily dwellings.
Commerce:	Ch. Comm 67 - Relating to rental weatherization.
Natural Resources:	S. NR 20.13 - Relating to prohibiting the placement of permanent ice shelters on the Fox River in Brown County from the DePere dam downstream to its mouth at the bay of Green Bay.
Regulation & Licensing:	RL Code - Relating to requirements for reporting convictions by credential holders.
Transportation:	Ch. Trans 302 - Relating to vehicle marking.
Transportation:	Ch. Trans 276 - Relating to adding several highway segments to the network of highways on which long combination vehicles may operate.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.	Pages 15 to 16.
Corrections:	Ch. DOC 304 - Relating to secure work crews for inmates.
Corrections:	Ch. DOC 326 - Relating to sex offender registration and community notification.
Revenue:	S. Tax 11.15 - Relating to sales and use tax treatment of containers and other shipping and packaging materials.
Revenue:	Ch. Tax 19 - Relating to tax rate disparity payments.
Notices of Hearings or of Proposed Rules.	Pages 17 to 40.
Agriculture, Trade & Consumer Protection:	Hearings to consider ch. ATCP 42, relating to commercial feed.
Commerce:	Fee Schedule, Ch. Comm 2 Credentials, Ch. Comm 5 Elevators, Ch. Comm 18 Hearing to consider revision of rules relating to inspection of elevators and mechanical lifting devices.
Commerce:	Elevators, Ch. Comm 18 Building, Heating, etc., Chs. ILHR 50-64 Plumbing, Chs. ILHR 82-87 Hearing to consider revision to chs. Comm 18, ILHR 50-51, 55 and Comm 82, relating to elevators and mechanical lifting devices.
Commerce:	Fee Schedule, Ch. Comm 2 Uniform Dwellings, Chs. ILHR 20-25 Building and Heating, etc., Chs. ILHR 50-64 Multifamily Dwellings, Ch. ILHR 66 Plumbing, Chs. Comm 82-87 Sanitation, Ch. Comm 91 Hearings to consider revisions to chs. Comm 2, 82-87, 91, ILHR 20 to 25, 50 to 54 and 66, relating to private onsite wastewater treatment systems.
Corrections:	Hearings to consider revision to ch. DOC 303, relating to inmate conduct and discipline.
Psychology Examining Board:	Hearing to consider revision to ch. Psy 4, relating to continuing education.
Transportation:	Hearing to consider emergency rule revision to ch. Trans 300, relating to transportation of school children.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.	Page 41.
Corrections:	(CR 96-180) - Ch. DOC 308
Natural Resources:	(CR 96-188) - SS. NR 120.14 and 120.18
Natural Resources:	(CR 97-15) - Chs. NR 20 and 26
Natural Resources:	(CR 97-17) - Ch. NR 809
Natural Resources:	(CR 97-18) - Ch. NR 10 and ss. NR 11.032 and 19.13
Natural Resources:	(CR 97-19) - Ch. NR 10 and ss. NR 15.015 and 15.022
Revenue:	(CR 97-44) - S. Tax 12.065 (2) (c) and (5) (a) 2
Revenue:	(CR 97-46) - S. Tax 11.66 (2) (intro.) and (5)
Revenue:	(CR 97-53) - Chs. ATCP 53 and Tax 53
Workforce Development:	(CR 96-151) - Chs. ILHR 301 and DWD 301
Administrative Rules Filed with the Revisor of Statutes Bureau.	Page 42.
Corrections:	(CR 96-105) - Ch. DOC 325
Insurance, Commissioner of:	(CR 96-182) - Ch. Ins 23
Natural Resources:	(CR 96-148) - Chs. NR 102, 105, 106 and 207
Public Service Commission:	(CR 97-10) - Ch. PSC 114
Public Notice.	Page 43.
Commerce:	Public notice relating to notice of hearing on draft environmental impact statement (DEIS) on the proposed chapter Comm 83 and related rules (chs. Comm 85 and 91) and also including a listing of public hearing times for those proposed rules.

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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.