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
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
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.
Related statute or rule
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.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
Pursuant to s.
227.137, Stats., the department will notice for a 14-day period the proposed rule to gather input on the effect on small business.
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; 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
|
Ch. SPS 34, Firearms and Other Dangerous Weapons
|
3. Subject
|
Making this chapter consistent with the provisions in 2011 Act 35 (concealed carry), and specifically relating to firearms and other dangerous weapons for private security personnel, private detectives, and private investigators or special investigators.
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR ⍽ FED
⍽ PRO
⍽ PRS ⍽ SEG ⍽ SEG-S
|
|
6. Fiscal Effect of Implementing the Rule
|
⍽ 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
⍽ No
|
9. Policy Problem Addressed by the Rule
|
Chapter SPS 34 currently does not address provisions in 2011 Act 35 with regard to persons holding a concealed carry certification issued by the state. The proposed rules address that license under this chapter to allow carry a weapon, concealed or otherwise without first obtaining a permit from the department.
|
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.
|
The department posted the rules for economic impact for 14-days and no comments were received from these sectors.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
The department posted the proposed rules for 14-day period and will summarize any input from this group.
|
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)
|
This proposed rules do not mandate any additional licenses, qualifications, or fees to any of these sectors.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Chapter SPS 34 will be in conformance with the provisions of 2011 Act 35.
|
14. Long Range Implications of Implementing the Rule
|
The department rules will be consistent with Wisconsin's concealed carry law, 2011 Act 35.
|
15. Compare With Approaches Being Used by Federal Government
|
Chapter SPS 34 currently as promulgated is consistent with the minimum requirements of U.S. Code, 15 USC 5902 (b).
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
While the requirements of concealed carry laws in these adjoining states are substantially similar to Wisconsin's in application, safety, training and reciprocity, not all recognize specific groups being allowed to carry weapons concealed or otherwise while an owner or employee of private security agencies. These specific groups, outlined in 2011 Act 35 include: qualified law enforcement officers (in-state, out-of state and former), when acting as a private detective or private security person without first obtaining a firearms permit.
|
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
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss.
227.11 (2) (a),
440.03 (1),
458.03 (1) (b),
458.085,
458.10 (3), Wis. Stats., and interpreting ss.
458.06,
458.10,
458.13, Wis. 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 80.03 (2),
(8a) and
(8d),
81.02 (5) (Note) and (8), 81.05 (intro.), 82.01 (6), 83.01 (3) (e), (3)(g) (Note), and (4) (c), 83.02 (7), 84.01 (4), 84.03 (1) (b) 1. to 6., 84.04 (1) (b) (intro.) (Note) and 1. to 9., and Chapter
SPS 86 Appendix I; to renumber Chapters
SPS 80 (title),
81 (title), and
82 (title) and sections
SPS 81.03 (1) to
(2) (d),
81.05 (1) to
(3),
82.02,
82.03,
82.04, 83 (title),
83.01 (1),
(1a), and
(2), 84
(title),
84.02,
84.03 (1) (title) (intro) and
(a), and
(2) (a) to
(c),
84.04 (1) (title) (intro.) and
(a),
(1) (b) (intro.),
(1) (b) (intro.) (Note) and 1. to 9., (2), and (3); to renumber and amend sections
SPS 80.01,
80.02,
80.03 (intro.),
(1) to
(8),
(8ag) to
(8c) and
(9) to
(18),
81.01,
81.02 (1) to
(7) and
(8) (Note), 81.03 (2) (d) (Note), 82.01 (1) to (5), 83.01 (title), (3) (intro.) (a) to (d) and (f), (3m), (4) (intro.), (b), and (c) (Note), 83.02 (title) (1) to (6), 84.001, 84.01,84.03 (1) (b) (intro.), 84.04 (1) (b) (intro.), 85.01; to amend sections
SPS 87.01 (2) and
(3),
87.02 (1),
(2) (intro.),
(b) and
(c),
(3) (b) and
(3) (c),
86.01 (1),
(4),
(9) and
(11); to repeal and recreate Chapter
SPS 85 (title); and to create sections
SPS 85.100 (3m) and
(19),
85.240, subch.
III (title),
85.330, subch.
IV (title),
85.410,
85.430, subch.
V (title),
85.510 (title),
85.520 (8) and
(9),
85.530,
85.600 (7),
85.700 (4) (a) to
(f),
85.820,
85.830,
85.840, subch.
IX (title),
85.900 (7),
85.910 (2) (n) to
(p), and
85.810 (7) (a), related to the examination, education, and experience requirements of real estate appraisers.
Hearing Information
Date: Friday, March 14, 2014
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
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 but 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. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Shawn Leatherwood, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8366, or by email to
Shancethea.Leatherwood@wisconsin.gov. Comments must be received on or before
March 14, 2014, to be included in the record of rule-making proceedings.
Copies of Rule
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
The Department of Safety and Professional Services (Department) may promulgate rules interpreting the provision of any statute it enforces or administers per s.
227.11 (2) (a), Stats. Pursuant to s.
440.03 (1), Stats., the Department may promulgate rules defining uniform procedures to be used by the Real Estate Appraisers Board. The Department is specifically granted rule-making authority, pursuant to s.
458.03 (1) (b), Stats., to promulgate rules regarding establishing the criteria for approval of educational courses and continuing educational programs. Section
458.085, Stats., grants the Department the authority to draft rules establishing educational, experience and continuing education requirements for licensed and certified appraisers. Lastly, s.
458.10 (03), Stats., states that the Department may establish rules specifying the requirements for certification or licensure that must be fulfilled before the applicant is eligible for examination. The subject of these purposed rules relate to uniform procedures with regard to education, experience, and examination requirements as well as other standard application procedures. Therefore the Department is both generally and specifically authorize the proposed rule
Related statute or rule
None.
Plain language analysis
The Financial Institutions Reform Recovery Act of 1989 (“FIRREA")
12 U.S.C. 3331 et seq. gives authority to the Appraiser Qualifications Board (AQB) to set minimum qualification requirements for real estate appraisers. Those minimum requirements will change as of January 1, 2015. The changes include the following: education and experience must be completed prior to taking the National Uniform Licensing and Certification Examinations, applicants for the certified residential and certified general credentials must have a Bachelor's degree or higher from an accredited college or university, applicants for the licensed residential credential must successfully complete 30 semester hours of college-level education from an accredited college, junior college, community college, or university, or have an Associate's degree or higher from an accredited college, junior college, community college or university. All applicants for an initial credential must undergo a background check. Finally a prohibition against repetitive use of continuing education within the same continuing education cycle will be instituted. Clarification of the term “written examination" will be provided. The Department seeks to implement these changes via the proposed rules.
Summary of, and comparison with, existing or proposed federal regulation
The Financial Institutions Reform Recovery Act of 1989, (“FIRREA") 12 U.S.C 3331, et. seq. regulates real estate appraisers on the federal level. The purpose of FIRREA “is to provide that Federal financial and public policy interests in real estate related transactions will be protected by requiring that real estate appraisals utilized in connection with federally related transactions are performed in writing, in accordance with uniform standards, by individuals whose competency has been demonstrated and whose professional conduct will be subject to effective supervision."
12 U.S.C. 3331. This federal mandate is accomplished via the Appraiser Qualification Board (AQB) and the Appraisal Subcommittee (ASC). The ASC monitors state regulation of certified and licensed appraisers and reviews each state's compliance with federal legislation.
The AQB sets the minimum qualifications for real estate appraisers. The minimum qualifications criteria established by the AQB are set forth in the Real Property Appraiser Qualifications Criteria and Interpretations of the Criteria (“Criteria") The AQB Criteria includes the minimum experience, examination, qualifying education, and continuing education requirements that must be satisfied by an individual in order to obtain and maintain a real estate appraiser credential.
Comparison with rules in adjacent states
Illinois: Illinois issues certified general, certified residential and associate real estate trainee appraiser credentials. The licensure, educational, experience and continuing education requirements set forth in 68 Il. Admin. Code 1455.10 et. seq. (2013) meets the minimum requirements set by the AQB.
Iowa: Iowa credentials certified residential, certified general and associate real property appraisers. The associate real property appraiser is substantially equivalent to the federal category of trainee real property appraisers. Unlike Iowa, Wisconsin does not credential trainee real property appraisers. The education, experience, and examination requirements promulgated by Iowa Admin Code 193F-4.1, 193F-5.1 (1) and 193F-6.1 (2013), meet the minimum requirements set forth by the AQB.
Michigan: Michigan credentials limited real estate appraisers, state licensed real estate appraisers, certified residential real estate appraisers, and certified general real estate appraisers. The state licensed real estate appraiser is similar to Wisconsin's licensed appraiser. The certified general and certified residential requirements are consistent with the AQB's minimum requirements. The limited real estate appraiser is equivalent to the trainee real property appraiser. MCLS §
339.2601 (2013).
Minnesota: Minnesota regulates trainee real property appraisers, licensed residential real property appraisers, certified residential real property appraisers, and certified general real property appraisers. The Licensed residential real property appraiser credential is similar to Wisconsin's licensed appraiser credential. The education, examination, and experience requirements for all classes of credentials for real estate appraisers is set forth in Minn. Stat. §§82B.11, 82B.12, 82B.13, 82B.14 (2013), and are consistent with the minimum requirements established by the AQB.
