- repealing obsolete terms defined by rule
- defining the terms “land devoted primarily to agricultural use”, “other”, and “parcel of agricultural land”
- providing instructions for assessing “agricultural land” and “other” land classifications in 1996.
This rule is therefore promulgated as an emergency rule and shall take effect upon publication in the official state newspaper. Certified copies of the rule have been filed with the Secretary of State and the Revisor of Statutes, as provided in s. 227.24, Stats.
Publication Date:   December 6, 1995
Effective Date:   December 6, 1995
Expiration Date:   May 5, 1996
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 (2)
Department of Transportation
1.   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
2.   Rules were adopted revising ch. Trans 131, relating to the Motor Vehicle Inspection and Maintenance Program.
FINDING OF EMERGENCY
The Department of Transportation finds that an emergency exists and a rule is necessary for the immediate preservation of the public health, safety and welfare. A statement of the facts constituting the emergency is that Southeastern Wisconsin is currently unable to meet federal air quality standards. Southeastern Wisconsin is one of nine regions in the United States designated as areas with “severe” air pollution problems. This air quality problem results in all area residents breathing air that is not healthy.
Since motor vehicles are the largest contributor to the area's air quality problem, the Wisconsin Department of Transportation finds that an emergency exists regarding the public health. The enhanced I/M program resulting from the proposed rule is a necessary part of the state's plan to achieve the volatile organic compound (VOC) emission reductions required by the Clean Air Act. The program will account for over one-third of the VOC reductions required by Wisconsin's 15% VOC Reduction Plan. By implementing the changes proposed in the rule, the air quality in Southeastern Wisconsin area can be improved. If such improvement does not occur, other more costly controls on small business and industry would be required. By taking action at this time, the major and most cost effective measure is utilized to meet Wisconsin's clean air goal.
Publication Date:   December 4, 1995
Effective Date:   December 4, 1995
Expiration Date:   May 3, 1996
Hearing Date:   January 11, 1996
[See Notice this Register]
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.
Health & Social Services (CR 95-155):
S. HSS 110.045 - Relating to qualifications of medical directors of ambulance services that provide services beyond basic life support.
Health & Social Services (CR 95-174):
S. HSS 157.035 - Relating to fees for registration of ionizing radiation installations.
Natural Resources (CR 95-102):
S. NR 165.06 (2) (b), (6) and (7) (a) - Relating to the interest rate subsidy for the small loan program.
Natural Resources (CR 95-165):
S. NR 212.40 - Relating to water quality-based allocations of pollutant discharges to waters of the state.
Public Defender (CR 95-170):
SS. PD 6.01, 6.02, 6.03, 6.04 and 6.05 - Relating to the repayment of the cost of legal representation.
Public Defender (CR 95-171):
S. PD 3.039 - Relating to the redetermination of indigency during the course of representation.
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.
Administration (CR 95-18):
An order repealing ch. HSS 177 and creating ch. Adm 65, relating to mobile home parks.
Effective 02-01-96.
Dentistry Examining Board (CR 95-54):
An order amending s. DE 12.01 (3), relating to the ability of a dentist to delegate remediable portions of an oral prophylaxis to an unlicensed person.
Effective 02-01-96.
Gaming Commission (CR 95-144):
SS. WGC 9.11, 9.12, 9.14, 9.17 & 14.11 and ch. WGC 24, relating to: twin trifecta, superfecta and tri-superfecta pools, deduction approvals, animal drug testing, and intertrack and simulcast wagering.
Effective 02-01-96.
Natural Resources (CR 95-48):
An order affecting ch. NR 149 and ss. NR 219.04, 219.05, 219.06 & 700.13, relating to: laboratory certification and registration, sample preservation procedures, analytical methodology, and laboratory procedures.
Effective 03-01-96.
Public Defender (CR 95-116):
An order affecting ss. PD 3.02, 3.03, 3.038, 3.055 and 3.06, relating to indigency evaluation and verification.
Effective 02-01-96.
Public Service Commission (CR 94-160):
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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.