Rule-Making Notices (Hearing Notices)

Statutory authority

Sections 101.862 (5) and 227.11 (2) (a), Stats.

Explanation of agency authority

Section 101.862 (5) (b), Stats., requires the Department to promulgate rules establishing criteria and procedures for issuing licenses to electricians who were born on or before January 1, 1956, and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring. Under section 101.862 (5) (a), Stats., these criteria are not to include any of the following licensing requirements that the Department applies to other electricians: initial examination, continuing education, credential renewal, being supervised, and having someone else be responsible for any of the electrical work.

Section 227.11 (2) (a), Stats., authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute.

Related statute or rule

Chapter SPS 316 contains Wisconsin's statewide requirements for installing electrical and communication conductors and equipment for public or private buildings and places of employment.

Plain language analysis

These rule revisions establish a registration process for electricians who were born on or before January 1, 1956, and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring.

This registration process includes submitting proof of meeting the age and experience requirements — and includes exemption from the following licensing requirements that the Department applies to other electricians: initial examination, continuing education, credential renewal, being supervised, and having someone else be responsible for some of the electrical work.

This registration process also includes allowing these registered electricians to do any electrical work that is otherwise limited to master electricians, such as supervising other electricians or being responsible for the work of other electricians.

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

An Internet search of U.S. federal regulations and the U.S. Federal Register yielded no results regarding licensure of electricians.

Comparison with rules in adjacent states

An Internet search of state-level rules for electrical licensure in the adjacent states yielded the following results:

Illinois: Illinois does not license or certify electricians or electrical contractors at the state level. Electrical licensing and certification is at the discretion of the local municipality.

Iowa: As of January 1, 2008, Iowa requires electrical contractors and electricians to be state-licensed. License types for electricians include Class A and Class B master, Class A and Class B journeyman, apprentice, unclassified, and special. Examination is required for Class A licenses. No exemption was found relating to age and experience.

Michigan: Michigan law requires licensing of electrical contractors and electricians. Examinations and state residency are required. Michigan also provides a number of licensing exemptions similar to those addressed under section 101.862 (4) of the Statutes, but no exemption was found relating to age and experience.

Minnesota: Minnesota law dictates that electrical work be performed by state-licensed electrical contractors and electricians or under the direct supervision of licensed electricians. Examinations and prerequisite experience are required, but no exemption was found relating to age and experience.

Summary of factual data and analytical methodologies

The proposed rules were developed by reviewing the corresponding provisions of 2013 Wisconsin Act 143 in conjunction with the current electrical credential rules in chapter SPS 305.

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

The proposed rules implement the mandates imposed by 2013 Wisconsin Act 143. The Department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is below.

Effect on Small Business

These rule revisions are not expected to have an economic impact on small businesses as defined in section 227.114 (1) of the Statutes. The Department's Regulatory Review Coordinator may be contacted by e-mail at [e-mail], or by calling [phone].

Agency Contact Person

Sam Rockweiler, Rules Coordinator, at the 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 at telephone [phone]; or by e-mail at [e-mail]; or by telecommunications relay services at 711.

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: [phone]
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 305 Licenses, Certifications and Registrations
3. Subject
Registration of Master Electricians
4. Fund Sources Affected			5. Chapter 20, Stats., Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			20.165 (2) (j)
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		X Increase Costs X 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
As required by 2013 Wisconsin Act 143, these rule revisions establish a registration process for electricians who were born on or before January 1, 1956; and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring. This process includes submitting proof of having this age and experience – and includes exemption from the following licensing requirements that the Department applies to other electricians: initial examination, continuing education, credential renewal, being supervised, and having someone else be responsible for some of the electrical work. The process also includes allowing these registered electricians to do any electrical work that is otherwise limited to master electricians, such as supervising other electricians and being responsible for the work of other electricians.
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 proposed rule revisions on the Internet for 14 days along with a notice to provide any comments within that period about any potential economic impacts. No resulting comments were received from these parties.
11. Identify the local governmental units that participated in the development of this EIA.
Same as number 10.
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)
No significant negative economic or fiscal impact is expected.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The electricians who meet the age and experience requirements should no longer be unsure of how to become registered and of what they can or need to do after becoming registered – and local governments should no longer be unsure of how to treat them.
14. Long Range Implications of Implementing the Rule
Same as number 13.
15. Compare With Approaches Being Used by Federal Government
See comparison in the rule analysis that accompanies the rule revisions.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
See comparison in the rule analysis that accompanies the rule revisions.
17. Contact Name				18. Contact Phone Number
Sam Rockweiler				608-266-0797

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