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 95-104):
SS. ATCP 1.06, 21.14, 100.57, 140.15 & 161.23 and chs. ATCP 26, 27, 102, 105, 106, 107, 108, 130, 135, 137, 156 & 157 - Relating to nonsubstantive rule organization and drafting changes.
Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors Examining Board
(CR 95-136):
SS. A-E 2.05, 3.05, 4.05, 4.06, 4.08, 5.04, 6.05, 9.05 and 10.05 - Relating to:
1) The examination review procedure;
2) Renewal of credentials;
3) Requirements for registration as a professional engineer; and
4) Education as an experience equivalent for registration as a professional engineer.
S. DOD 16.035 (title) and (3) - Relating to the Rural Economic Development program.
SS. DOD 27.03 (3) (f) and 27.04 (4) (c) - Relating to the Main Street program.
Ch. DOD 14 - Relating to the Minority Business Recycling Development program.
Securities, Office of the Commissioner of
(CR 95-158):
Chs. SEC 2 to 5 and ss. SEC 7.01, 7.06 and 9.01 - Relating to:
1) Securities registration exemptions;
2) Securities registration and disclosure standards and requirements;
3) Securities broker-dealer, securities agent and securities investment adviser licensing requirements and procedures;
4) Fee-related provisions; and
5) Securities licensing forms.
SS. Trans 276.07 (5m) and 276.09 (3) - Relating to allowing the operation of “double bottoms” (and certain other vehicles) on certain specified highways.
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 ss. HSS 201.055 and 201.28 (4m), relating to emergency assistance for low-income families and eligibility for the Aid to Families with Dependent Children (AFDC) program.
Effective 12-01-95.
An order affecting s. Med 13.03, relating to the biennial training requirement for physicians.
Effective 12-01-95.
An order affecting ss. Ph-Int 1.02, 1.03, 1.04, 1.06 and 1.11, relating to internship credit hours.
Effective 12-01-95.
An order amending ss. Trans 115.02 (1) and 115.11 (4), relating to third-party testing.
Effective 12-01-95.
Final Regulatory Flexibility Analyses
Ch. DOC 316 - Medical, dental and nursing copayment charge to be paid by inmates and juveniles.
Summary of Final Regulatory Flexibility Analysis:
These rules do not directly affect small businesses as defined in s. 227.114 (1), Stats.
Summary of Comments:
No comments were reported.
SS. HSS 133.02 & 133.03 - The fee paid by a home health agency to renew its license.
Summary of Final Regulatory Flexibility Analysis:
About 40 of the 188 home health agencies in Wisconsin are small businesses as “small business” is defined in s. 227.114 (1) (a), Stats. For many of these agencies, although not all, the rule changes will result in a higher annual license renewal fee.
Revenues from a one-time license application fee and the annual license renewal fee paid by home health agencies are meant to cover the costs of administration of this regulatory program. Those fees have not been increased since 1984.
In raising the license renewal fee, the Department could not make any provision for making the increase less for small businesses because the effect of that would be to shift support of the program onto the other home health agencies.
Summary of Comments of Legislative Standing Committees:
No comments were received.
SS. NR 25.07 & 25.08 - Commercial fishing for smelt.
Summary of Final Regulatory Flexibility Analysis:
The proposed rule may have a significant economic impact on some small businesses. The requirements on the commercial fishing industry have not changed. The proposed rule does limit the amount of smelt that individual commercial fishers are allowed to catch.
Summary of Comments by Legislative Review Committees:
