Wisconsin Legislature: CR 14-014

SECTION 47. A newly created section specifies the combining of certain types of bouts and which are allowed or prohibited.

SECTION 49. Various text relating to medical examination and testing has been amended to reduce duplication.

SECTIONS 52 and 53. These sections relate to electrolyte-replacement beverages now reflecting current trade names; prohibited items are also listed along with energy stimulants and pills.

SECTIONS 54 and 55. Most of ch. SPS 196 has been incorporated into subch. V of ch. SPS 192. These provisions relate to suspension and discipline, as well as rest periods and drug testing. Major changes are correcting formatting errors and proving text with more clarity.

SECTION 56. A new section in administrative suspensions has been added, dealing mainly with suspension periods as reported by American Boxing Commission's national database.

Summary of, and comparison with, existing or proposed federal regulation

The federal law regulating boxing is U.S. Code Title 15, Chapter 89 Professional Boxing Safety, 6301-6313. The relationship to state law is stated in s. 6313, “nothing in this Act [15 USC 6301, et seq.] shall prohibit a State from adopting or enforcing supplemental or more stringent laws or regulations not inconsistent with this Act [15 USC 6301, et seq.], or criminal, civil, or administrative fines for violations of such laws or regulations." Other federal requirements are: 15 USC 6305, which requires contestants to register with a state boxing commission and obtain a nationwide identification number form an entity certified by the Association of Boxing Commissions; 15 USC 6308, which bars conflict of interest in a prompters interest in a contestant and requires the reporting of receipts.

Comparison with rules in adjacent states

An Internet-based search revealed the following information.

Illinois: In Illinois, the statutes and rules for conducting mixed martial arts sporting events are found in the Illinois Professional Boxing Act 225 ILCS 105 and the Illinois Administrative Code Title 68 Chapter VII Subchapter b Part 1371.

Iowa: In Iowa, the administrative rules are created under the authority of the Labor Commissioner to regulate chapter 177, mixed martial arts, these rules became effective February 2011.

Michigan: In Michigan, the statutes and rules for conducting mixed martial arts sporting events are found in the Michigan Unarmed Combat Regulatory Act 2004 PA 403, MCL 338.3601 to MCL 338.3633 and the Michigan Administrative Code R339.101 - R339.403. Licensure must be sought through the Department of Labor and Economic Growth, Bureau of Commercial Services. The Unarmed Combat Commission assists the Director of the Department of Labor and Economic Growth in regulating the sport.

Minnesota: In Minnesota, the statutes and rules for conducting mixed martial arts sporting events are found in the Minnesota Statutes §341.21-§341.37 and the Minnesota Register at Minn. Reg. §.2202.0010-§2202.1200. Licensure must be sought via the Combative Sports Commission, which regulates the manner in which mixed martial arts contests will be conducted.

Summary of factual data and analytical methodologies

Since the initial rules became effective in April 2011, the department has had experience in what is considered best practices. In addition, the proposed changes also reflect the improvement of various administrative elements and contemporary industry practices. More significantly, the rules were methodically combined into one major rule chapter, ch. SPS 192. Outreach was made to various stakeholders for input and comment.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

The department posted for 14-days the notice of economic input and received no comment.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Initial Regulatory Flexibility Analysis or Summary

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at Tom.Engels@wisconsin.gov, or by calling (608) 266-8608.

Environmental Assessment/Statement [if required]

N/A

Agency Contact Person

Jean MacCubbin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone 608-266-0955 or telecommunications at 711; email at jean.maccubbin@wisconsin.gov.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: (608) 267-0372
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
SPS 192 to 196 and 100 to 105
3. Subject
Mixed martial arts, amateur boxing and, professional boxing
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED X PRO ⍽ PRS ⍽ SEG ⍽ SEG-S			20.165 (1) (g)
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
9. Policy Problem Addressed by the Rule
With the exception of clarifying inconsistencies within the rules cited above, two Wisconsin Acts, (2003 Wisc. Act 285 and 2009 Wisc. Act 111), precipitated the enactment of these rules and the majority of the proposed changes. The 2003 Wisc. Act 285 addressed only the department's role in professional boxing; amateur boxing was then sanctioned by the U.S. Olympic Committee, [36 USC 220521]; this rule repeals all rules for amateur boxing. The 2009 Wisc. Act 111 amended the current rules on boxing and added mixed martial arts fighting under the authority of the department. These administrative rules for amateur boxing and marital arts (chs. SPS 192 to 196 100 to 105 110 to 1160) were previously drafted in haste and are found to be duplicative and in need of clarity. This proposed rule will delete unneeded chapters, merge similar license and event specifications, and provide more organized rule provisions into fewer chapters. The one major chapter, ch. SPS 192, is now organized into subchapters to provide more clarity and a simpler chapter.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Entities that may be affected by this proposed rule include those promoting and conducting mixed martial arts contests, such as promoters, clubs, matchmakers, contestants, judges, referees, ringside physicians, seconds, inspectors, and timekeepers.
11. Identify the local governmental units that participated in the development of this EIA.
None known.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
With the exception of revising the requirements for medical insurance coverage as specified under s. 444.18, Stats., there are no additional policies, regulations, or fees associated with the proposed rules.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The reorganization of ch. SPS 192 is expected to have the biggest benefit on those seeking various licenses or planning mixed martial arts fighting contests. The department, too, shall reap benefits with a clearer, more simplified rule for education and enforcement purposes.
14. Long Range Implications of Implementing the Rule
The department, as well as those regulated under this chapter, will benefit with a clearer, more simplified rule for planning and enforcement purposes.
15. Compare With Approaches Being Used by Federal Government
The federal law regulating boxing is U.S. Code Title 15, Chapter 89 Professional Boxing Safety, 6301- 6313. The relationship to state law is stated in s. 6313, “nothing in this Act [15 USC 6301, et seq.] shall prohibit a State from adopting or enforcing supplemental or more stringent laws or regulations not inconsistent with this Act [15 USC 6301, et seq.], or criminal, civil, or administrative fines for violations of such laws or regulations." Other federal requirements are: 15 USC 6305, which requires contestants to register with a state boxing commission and obtain a nationwide identification number form an entity certified by the Association of Boxing Commissions; 15 USC 6308, which bars conflict of interest in a promoter's interest in a contestant and requires the reporting of receipts.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Most adjoining states have either a board or a division that oversees the licenses of the individuals regulated under mixed martial arts or the regulations for sporting events/fighting contests. In Illinois, the statutes and rules for conducting mixed martial arts sporting events are found in the Illinois Professional Boxing Act 225 ILCS 105 and the Illinois Administrative Code Title 68 Chapter VII Subchapter b Part 1371. In Iowa, the administrative rules are created under the authority of the Labor Commissioner to regulate chapter 177, mixed martial arts, these rules became effective February 2011. In Michigan, the statutes and rules for conducting mixed martial arts sporting events are found in the Michigan Unarmed Combat Regulatory Act 2004 PA 403, MCL 338.3601 to MCL 338.3633 and the Michigan Administrative Code R339.101 - R339.403. Licensure must be sought through the Department of Labor and Economic Growth, Bureau of Commercial Services. The Unarmed Combat Commission assists the Director of the Department of Labor and Economic Growth in regulating the sport. In Minnesota, the statutes and rules for conducting mixed martial arts sporting events are found in the Minnesota Statutes §341.21-§341.37 and the Minnesota Register at Minn. Reg. §.2202.0010-§2202.1200. Licensure must be sought via the Combative Sports Commission, which regulates the manner in which mixed martial arts contests will be conducted.
17. Contact Name				18. Contact Phone Number
Jean MacCubbin				608.266.0955

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Safety and Professional Services

Professional Services, Chs. 1—299

rulemaking_notices CR 14-014 CR 14-014

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss. 227.11 (2) (a) and 440.26 (3m), Stats., and interpreting ss. 440.26 (3m) and (5r), Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider an order to repeal sections SPS 34.01 (1) (f) and (fm), 34.02 (2) (Note); renumber section SPS 34.01 (1) (g) to (i) as 34.01 (1) (f) to (h) and sections SPS 34.06 and 34.07 as 34.11 and 34.12; renumber and amend section SPS 34.015 (6) as 34.015 (5) and section SPS 34.02 (2) (intro.), (a) and (b) as section SPS 34.02 (2) (a) and (b) 1. and 2., section SPS 34.05 as 34.10, and section SPS 34.08 as 34.13; amend sections SPS 34.01 (1) (intro.), (g), (2) and (3), 34.011 (intro.), 34.015 (title), (1), and (2), 34.02 (1) (Note) and (3), 34.03 (title) and (1), 34.04 (2) (a) 2. and 3., (4) to (6), (6) (Note) and (7); and create sections SPS 34.002, 34.01 (5) to (9), 34.015 (1) (Note), 34.04 (1) (Note) and (7) (Note) and 34.10 (1) (Note), relating to firearms and other dangerous weapons for private security personnel, private detectives, and private investigators or special investigators, and rule changes affected by 2011 Act 35.

Hearing Information

Date: Wednesday, March 12, 2014
Time: 1:30 p.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson St.)
Room 121B
Madison, Wisconsin

Appearances at the Hearing

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Jean MacCubbin, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708-8366, by email at jean.maccubbin@wisconsin.gov or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Sections 440.26 (3m) and 440.26 (5r), Stats.

Statutory authority

Sections 227.11 (2) (a) and 440.26 (3m), Stats.

Explanation of agency authority

Section 227.11 (2) (a), Stats., confers to the agency the powers to promulgate rules for the guidance of the profession and to interpret the provisions of statutes it enforces.

Section 440.26 (3m), Stats., confers to the agency the powers to promulgate rules for the carrying of dangerous weapons, set minimum requirements for allowing and individuals licensed under s. 175.60, Stats., to carry a dangerous weapon, and defines those individuals allowed to carry, concealed or otherwise, under this chapter.

Section 440.26 (3m), Stats., reads: (3m) Rules concerning dangerous weapons. The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall meet the minimum requirements specified in 15 USC 5902 (b) and shall allow all of the following:

(a) A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm if s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.

(b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to carry a concealed firearm if s. 941.23 (2) (b) 1. to 3. applies.

(c) A former officer, as defined in s. 941.23 (1) (c), to carry a concealed firearm if s. 941.23 (2) (c) 1. to 7. applies.

(d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), to carry a concealed weapon as permitted under s. 175.60.

Related statute or rule

Chapters SPS 30 to 35 and Jus 17 and 18, and s. 175.60, Stats.

Plain language analysis

Within the 2011 Wisconsin Act 35 and the authority given to the Department of Safety and Professional Services, this legislation relates to owners or employees of private security agencies and the carrying of dangerous weapons about or near their person when holding a firearms permit granted by the department or a permit issued under s. 175.60, Stats.

The proposed rule exempts all of the requirements in ch. SPS 34 from applying to anyone who is licensed in Wisconsin to carry a concealed weapon in accordance with a permit issued under s. 175.60, Stats. In addition, the proposed rule provides for the recognition of permits to carry firearms, concealed or otherwise, issued by other states. These proposed rules are intended to respond to the legislative directives set forth in 2011 Act 35, Wisconsin's “concealed carry law".

Specific provisions contained in 2011 Act 35 allow a licensee under s. 175.60, Stats., to carry a weapon, concealed or otherwise, in the capacity of an owner or employee of a security agency under chs. SPS 30 to 35. In addition, these proposed provisions now recognize all the following: a licensee, as defined in s. 175.60 (1) (d), Stats., an out-of-state licensee, as defined in s. 175.60 (1) (g) , Stats., an individual employed in this state by a public agency as a law enforcement officer, to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies, a qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), Stats., or a former officer, as defined in s. 941.23 (1) (c), Stats.

A number of Notes are being updated to reflect the most current information; several formatting and typographical corrections are also being made.

SECTION 1. Definitions not included in ch. SPS 30 are created in s. SPS 34.002 adding three terms defined in state statutes specific to carrying firearms: carry, dangerous weapon and weapon.

SECTIONS 2, 4, 8, 9, 12, 13 to 22, and 24. These treatment sections are rewritten for clarification purposes or adding current information in Notes, adding Notes either where needed, correcting typographical errors, or repealing Notes no longer pertinent.

SECTION 3. Two items from a listing specifying the carrying of a weapon when licensed are repealed in 2011 Act 35 — the requirement to be in uniform or on duty.

SECTIONS 5 and 6. A typographical error is corrected in addition to expanding the exceptions for carrying a concealed weapon, thus reflecting provisions in 2011 Act 35. Specifically recognizing the following: a licensee, as defined in s. 175.60 (1) (d), Stats., an out-of-state licensee, as defined in s. 175.60 (1) (g) , Stats., an individual employed in this state by a public agency as a law enforcement officer, to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3., Stats., applies, a qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), Stats., or a former officer, as defined in s. 941.23 (1) (c), Stats. In addition, a new section is created in s. SPS 34.01 to recognize the individuals allowed to carry a concealed weapon as in the listing above.

SECTION 7. This section recognizes the individuals listed above and the provisions regarding a firearm being transported in a vehicle, concealed or “within plain view".

SECTION 23. Various sections are renumbered to reflect that the provisions do not relate to obtaining or the granting of a permit under this chapter.

SECTION 25. This treatment section is the effective date of the rule once adopted.

Summary of, and comparison with, existing or proposed federal regulation

The minimum requirements for carrying a weapon as stated in s. 440.26 (3m), Stats., references U.S. Code 15 USC 5902 (b) [Title 15-Commerce and Trade Chapter 85-Armored Car Industry Reciprocity]. This federal rule relates to state reciprocity of weapons licenses issued to armored car company crew members. This specific federal rule is cited in 2011 Act 35 whereby rules of the department concerning the carrying of dangerous weapons shall meet the minimum requirements specified in this U.S. Code. When comparing ch. SPS 34, this rule at least meets the minimum standards of the cited U.S. Code.

No other federal rule or code was found specific to Wisconsin law.

Comparison with rules in adjacent states

An Internet-based search was conduced of the rules and laws of the four adjacent states relating to provisions contained in 2011 Act 35.

Illinois: In Illinois, the Division of Professional Regulation administers the licensing program for private security and investigators, structured under a sole proprietorship, partnership, or corporation. The license is for two-years and for applicants seeking renewal they must pass a re-qualifying test, which the passing grade is good for six years. In addition to various application, examination and training fees, fingerprints and background checks are required. When licensed, one may carry a firearm after 20 hours of basic training and 40 hours of field training. [Illinois Code: 225 ILCS 446/]. The State Police administer the Firearms Owner's Identification Card system under 430 ILCS 65/8. The provisions of the Firearms Concealed Carry Act of 2013 are under the Concealed Carry Licensing Review Board. This Act, P.A. 76-1939, requires a license for a period of 5 years for the carrying of one loaded and one unloaded concealed firearm once licensed.

Iowa: In Iowa, a non-professional license to carry weapons is required for Private Investigators, Security Agents, and the sheriff of the county where the applicant resides issues such permit. The license is good for two years; there is no examination at application although continuing education is required. The license is attached to the private security agency; when working for more than one agency, a separate card is required. To carry a weapon while working, one must meet the requirements in Iowa administrative code 661 chapter 4 and 80A: submitting an affidavit of completion of course training, passing a course meeting statutory requirements and completing a firearms shooting competition. Iowa Code s. 724.7(1) provides that a concealed carry permit or license issued by another state to a nonresident of Iowa shall be considered a valid permit or license to carry weapons under Iowa law, [Iowa Code s. 724.11-A], thus recognizing reciprocity.

Michigan: in Michigan, the Michigan Professional Investigator Licensure Act, chapter 338, regulates licenses. These requirements are: minimum of 25 years old, education (at least a GED or equivalent), a clear criminal record, demonstration of knowledge and 8 hours of training on safe use of the weapon, 3 hours at a firing range, and successful completion of safety training program. Instructors are certified by the state or a national organization. There are no exams or continuing education required. The license is valid for three years and cards/certificates are given to individuals and the sole proprietor, partners or corporate members. Photos and criminal history are required, but not fingerprints. Michigan provides by statute that any person who meets specified eligibility and training requirements and who files a proper application shall be issued a license to carry a concealed pistol. [Mich. Comp. Laws s. 28.425b(7)] No information was found regarding reciprocity.

Minnesota: In Minnesota, the private detective board oversees the requirements for private detectives and protective agents. An applicant must be at least 18 years old and free of felony convictions in addition to being employed in a protective/security capacity. Under Minnesota statutes ch. 3326, one must be trained in the proper use of the weapon, including 12 hours of on-the-job training and 6 hours of continuing education. Minnesota Administrative Rules 7506.0100—7506.2900 contain licensing and continuing education qualifications as well as minimum standards of training instructors. Minnesota statutes s. 624.714 provides for requirements to issue a permit to carry a concealed pistol; a certificate attesting to the completion of training on the safe use of a pistol within the past year and a clear background check are required. Minnesota also recognizes reciprocity via Minn. Stat. s. 624.714 (16) (a).

Summary of factual data and analytical methodologies

The methodology used in creating these rules was to bring the department's rule, ch. SPS 34, into compliance with the Wisconsin concealed carry law.