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
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
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 29 - Relating to the economic empowerment grant program.
Ch. DOD 19 - Relating to the community development planning program.
Ch. DOD 23 - Relating to the recycling rebate program and to the recycling loan and grant program.
Ch. DOD 24 - Relating to the hazardous pollution prevention assessment grant program.
Ch. DOD 10 - Relating to the export development loan program.
SS. DOD 21.02, 21.03, 21.04 and 21.05 - Relating to the joint effort marketing program.
Chs. HSS 50 and 51 - Relating to Department procedures for placing children with special needs for adoption.
Chs. Ins 41, 50 and 52 - Relating to changes in rules governing financial regulation of insurers and reinsurers and risk retention and purchasing groups.
SS. NR 110.26 & 205.07 and chs. NR 200 & 204 - Relating to municipal wastewater sludge management regulations.
SS. NR 484.04, 485.02, 485.04 and 485.07 - Relating to emission limitations and tampering inspections for motor vehicles.
S. NR 20.03 (1) (q) 1. - Relating to hook and line sturgeon angling.
SS. NR 45.19, 46.16 and 46.30 - Relating to the administration of the forest crop law and the managed forest law.
SS. Phar 2.01, 3.01, 3.04, 4.02, 6.04, 7.01, 7.02, 7.06 and 8.05 - Relating to:
a) Licensure of graduates of a foreign pharmacy school or college;
b) Patient consultation portion of the laboratory practical examination;
c) Display of pharmacists' licenses in a pharmacy;
d) Illumination of pharmacy signs;
e) Patient consultation;
f) Drug names on prescription labels;
g) Providing pharmaceutical services; and
h) Missing information on prescription orders for controlled substances.
S. Trans 325.01 (intro.) - Relating to motor carrier safety regulations.
S. Trans 326.01 (intro.) - Relating to motor carrier safety requirements for transportation of hazardous materials.
S. Trans 328.03 - Relating to motor carrier safety requirements for intrastate transportation of hazardous materials.
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.
State Emergency Response Board
(CR 95-52):
An order amending s. ERB 1.07 (4) and creating s. ERB 1.07 (5), relating to fee exemptions from inventory fees due under s. 166.20, Stats.
Effective 11-01-95.
An order creating s. HSS 133.02 (6g) and amending s. HSS 133.03 (6) (b), relating to the fee paid by a home health agency to renew its license.
Effective 11-01-95.
Industry, Labor and Human Relations
(CR 94-172):
An order affecting chs. ILHR 20 to 25, relating to the Uniform Dwelling Code.
Effective 12-01-95.
An order creating s. NR 10.01 (2) (g), relating to crow hunting.
Effective 04-01-96.
An order amending s. Tax 12.065 (5) (b) 1 and 8, relating to reducing the time frame required for Dept. of Revenue approval of non-credit continuing education courses for assessors and assessment personnel.
Effective 11-01-95.
An order creating ch. Trans 103, relating to habitual traffic offenders (HTO's).
