Effective Date:
August 21, 1995
Expiration Date:
January 18, 1996
Hearing Date:
November 1, 1995
[See Notice this Register]
3. Rules adopted creating s. PI 11.13(4) and (5), relating to interim alternative educational settings for children with EEN who bring firearms to school.
FINDING OF EMERGENCY
In order to apply the new federal “stay-put” exception in Wisconsin, as described in the analysis and relating to children with EEN who bring a firearm to school, the administrative rule regarding placement of children during due process proceedings must be changed and in place before the next school year begins.
Therefore, the state superintendent finds that an emergency exists and that promulgation of emergency rules is necessary to preserve the public welfare.
Publication Date:
August 21, 1995
Effective Date:
August 21, 1995
Expiration Date:
January 18, 1996
Hearing Dates:
November 1 & 7, 1995
[See Notice this Register]
EMERGENCY RULES NOW IN EFFECT
State Fair Park
Rules were adopted revising chs. SFP 1 to 7, relating to the regulation of activities at the state fair park.
FINDING OF EMERGENCY AND RULE ANALYSIS
The Wisconsin State Fair Park Board finds that an emergency exists and that the adoption of rules is necessary for the immediate preservation of the public peace, health, safety and welfare of its citizens. The facts constituting this emergency are as follows:
During the annual State Fair, which is scheduled to begin on August 3, 1995, the Wisconsin State Fair Park is host to over 100,000 people per day and millions of dollars in merchandise and property. Initially, chs. SFP 1-7 were designed primarily to protect the property of the State Fair Park.
However, crime patterns at the State Fair Park have changed dramatically since those rules adopted in 1967. With the increases in attendance and number of events in the intervening years, the number and severity of crimes against State Fair visitors, patrons, and property have necessarily increased. Also, a general rise in gang-related activity at Park events and during skating hours at the Pettit National Ice Center has occurred over the last several years. Consequently, there is a greater need for Park Police Department arrest authority on the Park grounds in order to ensure prosecutorial cooperation by Milwaukee County.
Due to excessive workloads, the Milwaukee County District Attorney's Office and the Milwaukee County Circuit Court System are reluctant to process and charge offenders for relatively minor property-type acts prohibited under the current SFP rules. Area and suburban Milwaukee County Police Departments have alleviated similar problems by conforming their ordinances to the county and state codes, authorizing their Police Departments to make lawful standing arrests for acts which the county will prosecute.
The State Fair Park Board seeks the same level of cooperation from Milwaukee County by conforming its rules to the county code. Therefore, these proposed emergency rules prohibit such activities as loitering, spray painting, theft, battery, and resisting/obstructing an officer, as well as various weapons prohibitions. There is also included provisions to protect the police horses, which are not only an integral part of Park enforcement but are also a major public relations tool. With these changes, the Park administration can ensure a safe and family-oriented environment at this year's State Fair and other Park events.
Publication Date:
August 2, 1995
Effective Date:
August 2,1995
Expiration Date:
December 30, 1995
EMERGENCY RULES NOW IN EFFECT
Commissioner of Transportation
[Commissioner of Railroads]
Rules adopted revising ch. OCT 5, relating to intrastate railroad rate regulation.
FINDING OF EMERGENCY
The office of the commissioner of railroads (OCR) finds that an emergency exits and that an emergency rule is necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
By state law, the OCR regulates intrastate rail rates. Every five years, the Interstate Commerce Commission (ICC) must certify that the OCR's rules conform to federal law. The OCR's current certification expires on September 23, 1995. These rules conform the rules to changes in federal law. The rule changes need to be in effect so that the OCR can submit them to the ICC for its approval by the certification's expiration date. If the OCR follows the non-emergency procedures to adopt these rule changes, the rules would not be in effect in time for the ICC to recertify the OCRF before expiration.
The OCR did not commence these proceedings earlier because the governor's 1995-1997 budget proposed to eliminate the OCR and repeal the statutes authorizing intrastate rate regulation. While final action on the budget is not complete, the legislature's Joint Committee on Finance has adopted a motion to retain the OCR and its regulatory authority. The OCR intends to adopt these rules as permanent and is commencing that process concurrently with the adoption of these emergency rules.
Publication Date:
July 6, 1995
Effective Date:
July 14, 1995
Expiration Date:
December 11, 1995
Hearing Date:
October 6, 1995
EMERGENCY RULES NOW IN EFFECT
Department of Transportation
A rule was adopted amending s. Trans 4.06 (4), relating to the Urban Mass transit Operating Assistance Program.
FINDING OF EMERGENCY
Under the current administrative rule, ch. Trans 4, recipients of state transit aid must contribute a minimum local share of 20% towards such aid. Under current practice, private transportation providers who contract with the recipient have been permitted to contribute the local share. Public policy considerations require amendment of the rule to make certain that only the recipient is permitted to contribute the local share of transit aid.
The Wisconsin Department of Transportation finds that an emergency exists regarding the public welfare. Without the emergency rule, there would be insufficient lead time for recipients to respond to the rule's impact on their budgets. Also, additional lead time may be required for recipients to re-bid contracts with private transportation providers, if necessary.
Publication Date:
September 28, 1995
Effective Date:
September 28, 1995
Expiration Date:
February 25, 1996
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
Agriculture, Trade & Consumer Protection
(CR 95-17):
SS. ATCP 29.01, 29.15 and 29.155 - Relating to pesticide worker protection and pesticide application site posting.
SS. DOD 17.02 and 17.04 - Relating to the business development initiative program.
SS. DOD 28.02 and 28.03 - Relating to the health care provider loan assistance program.
Ch. DOD 12 - Relating to the Wisconsin development zone program.
SS. ETF 10.633, 10.70, 10.82, 20.20, 50.31 and 60.51 - Relating to:
a) Deadlines for requesting cancellation of applications for retirement annuities, disability annuities, beneficiary annuities and lump sum payments, and
b) Disclosure of beneficiary designations and other individual personal information.
SS. ER-MRS 22.02, 22.08 and 22.09 - Relating to layoff procedures for employes in the permanent classified civil service not covered by a collective bargaining agreement.
Industry, Labor & Human Relations
(CR 95-148):
Ch. ILHR 145 - Relating to active fresh perishable fruit and vegetable processing seasons.
Insurance, Office of the Commissioner of
(CR 95-111):
S. Ins 3.39 - Relating to the requirements for Medicare supplement insurance sold in Wisconsin.
S. NR 10.01 (1) (b) and (g) - Relating to the 1995 migratory game bird season.
SS. PI 11.04 and 11.07 - Relating to collaborative agreements for multi-disciplinary team membership and transfer pupils with exceptional educational needs (EEN).
SS. Tax 2.89, 2.96 and 3.03 - Relating to:
a) Extensions of time to file corporation franchise or income tax returns;
b) The dividends received deduction for corporations; and
c) The requirements for making estimated tax payments for short taxable years.
SS. Trans 136.03, 138.04, 138.05, 138.09, 139.04, 141.07 & 142.07 and ch. Trans 154 - Relating to vehicle odometers, odometer disclosure, recordkeeping and titling by dealers and nonresidents.
University of Wisconsin System
(CR 95-95):
Ch. UWS 17 - Relating to student nonacademic disciplinary procedures.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
An order creating ch. DOC 316, relating to medical, dental and nursing co-payment charge to be paid by inmates and juveniles.
Effective 11-01-95.
Insurance, Office of the Commissioner of
(CR 95-43):
An order amending s. Ins 6.63 and creating ch. Ins 28, relating to implementing the requirement of continuing education for insurance intermediaries.
Effective 12-01-95.
