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
Hearing Date:
November 3, 1995
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.
Ch. DOD 13 - Relating to a volume cap on private activity bonds.
Industry, Labor and Human Relations
(CR 95-172):
Ch. ILHR 272 - Relating to the minimum wage, subminimum wage licenses for rehabilitation facilities and employment in home care premises.
Insurance, Office of the Commissioner of
(CR 94-24):
SS. Ins 3.49, 4.10 & 17.001 and chs. Ins 5 and 18 - Relating to administrative procedures for contested cases under the jurisdiction of the Office of the Commissioner of Insurance and related boards.
Insurance, Office of the Commissioner of
(CR 95-175):
SS. Ins 6.57 (4), 6.58 (5) (a) and 6.59 (4) (a) - Relating to the fees for listing insurance agents, fees for the renewal of corporation licenses and other licensing procedures.
SS. Med 19.02, 19.03 and 19.08 - Relating to occupational therapists and occupational therapy assistants.
Ch. NR 203 - Relating to changes to public notice procedures for nonsubstantive WPDES permit modifications.
Chs. NR 700, 708, 712, 714, 716, 718, 720, 722, 724, 726, 728 and 750 - Relating to assessment and collection of fees and the establishment of application and review procedures for the contaminated lands recycling program.
S. NR 1.40 (2) - Relating to Natural Resources Board policies for land acquisition.
S. NR 728.11 - Relating to actions taken by the Department to implement chs. NR 700 to 736.
Ch. NR 120 - Relating to nonpoint source pollution abatement program.
SS. NR 1.21, 1.212 and 1.213 - Relating to the administration of private forestry assistance.
SS. Phar 6.02 (1m), 8.05 (4) and 13.02 (11) (f) - Relating to licensing outpatient hospital pharmacies, to the time in which a controlled substance listed in schedule II must be dispensed; and to exempting certain pharmacies from the distributor licensing requirements when selling prescription drugs to practitioners for office dispensing.
SS. Trans 149.03, 149.04 & 149.06 and chs. MVD 5 & Trans 305 - Relating to standards for vehicle equipment.
SS. VA 2.01 and 2.03 - Relating to the health care aid grant and retraining grant programs.
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.
Agriculture, Trade & Consumer Protection
(CR 95-57):
An order affecting ss. ATCP 92.01, 92.02 and 92.03, relating to commercial weighing and measuring devices.
Effective 01-01-96.
State Emergency Response Board
(CR 95-51):
An order repealing and recreating ch. ERB 4, relating to hazardous material transportation registration and fee.
Effective 12-01-95.
Employment Relations--Division of Merit Recruitment and Selection
(CR 95-101):
An order affecting 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.
Effective 01-01-96.
Environmental Education Board
(CR 95-5):
An order affecting ss. EEB 2.03, 2.04 and 2.05, relating to Environmental Education Board grants.
Effective 01-01-96.
An order amending ch. HSS 50 (title) and repealing and recreating ch. HSS 51, relating to adoption of children with special needs.
Effective 01-01-96.
Insurance, Office of the Commissioner of
(CR 95-129):
An order affecting chs. Ins 41 & 50 and ss. Ins 52.02, 52.03 & 52.05, relating to changes in rules governing financial regulation of insurers and reinsurers and risk retention and purchasing groups.
Effective 01-01-96.
An order affecting ss. PI 11.04 and 11.07, relating to collaborative agreements for multidisciplinary team membership and transfer pupils with exceptional educational needs (EEN).
Effective 01-01-96.
Savings & Loan, Office of the Commissioner of
(CR 94-169):
An order affecting s. SB 16.03, relating to authorizing savings banks to invest their funds in specified financial products.
Effective 01-01-96.
Final Regulatory Flexibility Analyses
SS. HSS 201.055 & 201.28 (4m) - Emergency assistance for low-income families under the Aid to Families with Dependent Children (AFDC) program.
Summary of Final Regulatory Flexibility Analysis:
