Section 440.26 (2) (c), Stats., obligates the Department to prescribe by rule such qualifications as it deems appropriate relating to the professional competence of private security personnel, private detectives, and private investigators or special investigators.

Section 175.60 of the Statutes contains authorization and criteria relating to carrying concealed weapons, and chs. Jus 17 and 18 contain the requirements of the Department of Justice for implementing those criteria.

The proposed rule revisions would add Wisconsin Technical College System schools and other U.S. Department of Education approved institutions to the list of those able to provide training to individuals seeking the Department's approval to be firearms-proficiency certifiers for private security personnel, private detectives, and private investigators or special investigators. Currently, the only entities that are accepted for providing this training are the Wisconsin Law Enforcement Standards Board and the National Rifle Association, Inc. The rule revisions would also allow the Department to adopt or approve a curriculum for training firearms instructors that is separate and distinct from a curriculum established by the Wisconsin Law Enforcement Standards Board or by the National Rifle Association, Inc.

The proposed rule revisions do not modify the current requirement in s. SPS 34.04 (2) (a) (intro.) that a firearms-proficiency certifier “shall have received training as a police or security firearms instructor." The proposed rule revisions also do not modify the current requirements in s. SPS 34.04 for these proficiency certifiers to obtain and biennially renew a credential from the Department that authorizes them to certify the firearms proficiency.

The federal government does not regulate training or approval of firearms instructors in the states.

An Internet-based search of Web sites from the four adjacent states and contact with corresponding staff there produced the following results relating to firearms instructors for private security personnel, private detectives, and private investigators or special investigators:

Illinois: Under section 1240.515 of Title 68 of the Illinois Administrative Code, the Illinois Department of Financial and Professional Regulation approves firearms instructors for private detectives, private security contractors, and proprietary security force employees. The Department's approval of an instructor is based upon receipt of any of the following: (1) a certificate from the NRA, for completing a law enforcement firearms instructor course that included security personnel within the course; (2) an approval from the Illinois Police Training Board as a range instructor; (3) proof of any other firearm-instructor education or experience that the Department considers to be substantially equivalent to the standards in (1) or (2), such as experience or education received in military service or federal law enforcement service; or (4) proof of being a faculty member who is employed by an institution under the jurisdiction of either the Illinois Board of Higher Education or the Illinois Community College Board to teach a firearms training course.

Iowa: Under sections 661–121.19 and 661–91.4 of the Iowa Administrative Code, the Iowa Department of Public Safety issues and annually renews professional permits to carry weapons, for private security personnel and private detectives whose employment reasonably justifies being armed. Initial issuance of the permit is based upon proof of (1) completing a qualified firearm-training program, or (2) an honorable discharge from active duty with the U.S. armed forces, or (3) completing basic training and small arms training for active duty personnel in the U.S. armed forces. A qualified firearm-training program consists of (1) any handgun safety training course available to the general public that utilizes instructors who are certified by either the NRA, the Iowa Law Enforcement Academy, or another state's department of public safety, state police department, or similar certifying body; or (2) any NRA handgun safety training course; or (3) any handgun safety training course approved by the Department that is offered to security guards, investigators, or any division of a security-enforcement agency; or (4) completion of small arms training while serving with the U.S. armed forces. Courses approved by the Department must be substantially equivalent to the Iowa Law Enforcement Academy marksmanship qualification course.

Renewal of a professional permit to carry weapons is based upon documentation of qualifying on a firing range under the supervision of an instructor certified by either the NRA; the Iowa Law Enforcement Academy; or another state's department of public safety, state police department, or similar certifying body.

Michigan: No Michigan administrative rules were found relating to firearms instructors for private security personnel or private detectives. Under sections 338.839 and 338.1069 of the Michigan Statutes, private security personnel and private detectives are not authorized to carry a deadly weapon unless they are licensed to do so in accordance with the laws of Michigan. According to staff in the Michigan Department of Licensing and Regulatory Affairs, all firearms licensure is administered by the Michigan Department of State Police. According to staff in the Michigan Department of State Police, no licensing occurs for open carry of firearms by private security personnel or private detectives. However, under Public Act 381 of 2000, the Michigan Commission on Law Enforcement Standards (MCOLES) certifies firearms instructors for teaching an 8-hour pistol safety training course to individuals seeking licensure to carry a concealed pistol. This instructor certification is based upon (1) successfully completing a training program of at least 40 hours that is either registered with MCOLES or is nationally or state-recognized, and (2) complying with several related qualification requirements which are likewise prescribed by MCOLES rather than applied from the statutes or promulgated as rules. Under Act 381, these instructors can alternately become certified by a national organization.

Minnesota: Under subpart 4 of part 7506.2300 of the Minnesota Administrative Rules, a firearms instructor for private detectives and protective agents must be certified as a law enforcement or private-security firearms instructor by either a governmental agency, the NRA, or other nationally recognized certifying organization that is approved by the Minnesota Board of Private Detective and Protective Agent Services. No minimum training requirements were found for obtaining this certification.

The methodology for developing these rule revisions consisted primarily of reviewing the portions of 2011 Wisconsin Act 35 and chs. Jus 17 and 18 that relate to training and certification or approval of firearms instructors.

The proposed rule revisions do not apply directly to small business. They apply instead to schools in the Wisconsin technical college system and to institutions approved by the U.S. Department of Education that choose to train and certify or approve firearms instructors.

The Department estimates that these rule revisions will have no fiscal impact.

These proposed rules do not 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 email at greg.gasper@wi.gov, or by calling (608) 266-8608.

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 8935, Madison, WI, 53708-8935; or by telephone at (608) 266-0797; or by e-mail at sam.rockweiler@wi.gov, 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: (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 34 – Firearms and Other Dangerous Weapons, Section 34.04 (2) (a) 4.
3. Subject
Training of Firearms Instructors for Private Security Personnel and Private Detectives
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S
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
The current rules do not accept schools in the Wisconsin Technical College System nor other institutions approved by the U.S. Department of Education for providing training to individuals seeking the Department's approval to be firearms-proficiency certifiers for private detectives, private investigators or special investigators, and private security personnel.
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 proposed rule revisions do not apply directly to businesses. They apply instead to schools in the Wisconsin technical college system and to institutions approved by the U.S. Department of Education that choose to train and certify or approve firearms instructors.
11. Identify the local governmental units that participated in the development of this EIA.
None.
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)
The proposed rule revisions do not apply directly to businesses. They apply instead to schools in the Wisconsin technical college system and to institutions approved by the U.S. Department of Education that choose to train and certify or approve firearms instructors.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Schools in the Wisconsin Technical College System and other institutions approved by the U.S. Department of Education could provide training to individuals seeking the Department's approval to be firearms-proficiency certifiers for private detectives, private investigators or special investigators, and private security personnel.
14. Long Range Implications of Implementing the Rule
More schools could offer the required training, and the trainees could have more trainer choices to pick from.
15. Compare With Approaches Being Used by Federal Government
The federal government does not regulate training or approval of firearms instructors in the states.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
See detailed comparison in the rule analysis that accompanies the proposed rule revisions.
17. Contact Name				18. Contact Phone Number
Sam Rockweiler				608-266-0797

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in s. 227.11 (2), Wis. Stats., and interpreting ss. 145.02 and 145.13, 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 amend ss. SPS 382.20 (2) (a) and (2) (a) 2. (Note), SPS 382.40 (6) (a), and SPS 382 APPENDIX A-382.20 (2) and A-382.33 (9) (f)-1 (Note), relating to plumbing plan review by municipal agents.

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 8935, Madison, WI 53708-8935. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Comments may be submitted to Jean MacCubbin, Program Manager, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to jean.maccubbin@ wisconsin.gov. Comments must be received on or before the public hearing on Monday July 29, 2013, at 10:00 a.m. to be included in the record of rule-making proceedings.

Copies of this proposed rule are available upon request to Jean MacCubbin, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, by email at jean.maccubbin@wisconsin.gov or on our website at http://dsps.wi.gov/ Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.

Sections 145.02 and 145.13, Stats.

Section 227.11 (2), Stats.

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.

Chapters SPS 381 to 387.

The major change in this proposed rule lies within s. SPS 382.20 (2) (a) whereby the requirement of employing two full-time plumbing inspectors is no longer required for the granting of or maintaining municipal agent status. In addition, the proposed rules correct a typographical error in s. SPS 382.40 (6) (a) and update Appendix A-382.20 (2) to direct the reader to the department's webpage to access the most current listings of agents for plumbing plan review and Appendix A-382.3333 (9) (f)-1 (Note), which reflects the correct citation in the Commercial Building Code, ch. SPS 364.

None.

An Internet-based search found the following requirements for plumbing plan review at the local level in the four adjacent states:

By Illinois statutes and codes each local governmental unit shall with the advice of the State Department of Public Health, provide by ordinance, bylaws, or rules and regulations for the materials, construction, alteration, and inspection of all plumbing placed in or in connection with any building and to provide for and appoint a competent plumbing inspector or more as required. In addition, “No person shall be appointed as a Plumbing Inspector who is not a licensed plumber under this Act, including persons employed as Plumbing Inspectors in home rule units." [225 ILCS 320/18 (Ch. 111, par. 1117)] No mention of staffing levels for conducting such review or inspection was found.

The State of Iowa has adopted the 2009 edition of the UPC, (uniform plumbing code) as rule 641—Chapter 25(105), Iowa Administrative Code. The search revealed that a separation of state-level plan review and inspection are conducted on the local level when that local unit of government adopts an ordinance to enforce the state codes. However, no mention of staffing levels or credentials for individuals conducting such review or inspection was found.

In the Michigan construction code, (part 7. plumbing code, R 408.30701), the code official enforces such code. Michigan maintains a statewide jurisdiction list that contains the units of government having assumed responsibility for plan review of various trades' permits, including plumbing. No information was found as to the application or approval requirements for a unit of government to be included on this list or any stipulated staffing levels in this regard.

In Minnesota plumbing installations and licenses are maintained in Minn. Stat. §326B.43; Minn. Rule 4715. Regarding plan submittal and review, the state recognizes cities of the first class (Minneapolis, St. Paul and Duluth) as having their own plumbing programs, including plan submittal and review. A number of other municipalities in this state have plan review agreements with the state agency overseeing plumbing and therefore, take responsibility for plan review on most plumbing projects. No information was found as to the application or approval requirements for a city to be granted plan review with respect to stipulated staffing levels.

The proposed rules were included in a listing of suggested code revisions from the Small Business Regulatory Review Board (SBRRB), October 2012. The recommended changes are expected to make the granting of agent status for plumbing plan review less burdensome to municipalities who desire to be authorized to conduct such service.

The proposed rules follow the direction of Executive Order 61 whereby reducing the burden to job creation while complying with the provisions of state statutes. This proposed rule would provide flexibility in staffing levels based on local need and may allow municipalities to utilize staff on a part-time or as-needed basis.

See attached.

The department does not believe that the proposed rules will create an impact on small businesses.

Jean MacCubbin, Program Manager, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708; telephone (608) 266-0955 or Contact Through Relay; 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
Chapter SPS 382, Design, Construction, Installation, Supervision, Maintenance and Inspection of Plumbing, specifically ss. SPS 382.20 (2) (a) and SPS 382.40 (6) (a).
3. Subject
Plumbing plan review by municipal agents.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			S. 20.165 (2) (a), Stats.
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 X 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
The requirement of employing two full-time plumbing inspectors for the granting of municipal agent status would no longer be required. Municipal agents would be allowed flexibility in utilizing staff to conduct this review service based on local need.
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. Local governmental units, specifically cites of the 2nd class.
11. Identify the local governmental units that participated in the development of this EIA.
The department solicited input via the EIA Notification; no units of government responded.
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)
Local governmental units could now request agent status for plumbing plan review without employing two full-time plumbing inspectors. Additional revenues could result from conducting this service at the local level.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The department would be in the position to authorize more municipalities agent status to conduct plumbing plan review. The department would have the opportunity to streamline internal processes and provide a shortened plumbing plan review turn-around time, while balancing staffing levels with demand for services.
14. Long Range Implications of Implementing the Rule
The department will have the opportunity to balance staffing levels with demand for plumbing plan review services.
15. Compare With Approaches Being Used by Federal Government
None known.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
An Internet-based search shows that, with the exception of Michigan, the adjoining states confer plan review authority upon the local units of government; no rules or laws were found stipulating staffing levels for the granting of such authority or status.
17. Contact Name				18. Contact Phone Number
Jean MacCubbin				(608) 266-0955

NOTICE IS HEREBY GIVEN That pursuant to ss. 15.085 (5) (b), 440.035 (1), 448.63 (3), 448.665, Stats., and interpreting s. 448.63 (3), Stats., the Podiatry Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to amend s. POD 1.08 (5) and to create ss. POD 3.02 (4) and 3.03 (3), relating to temporary educational license and continuing education.

This hearing has been rescheduled from December 14, 2012, to:

Interested persons are invited to present information at the hearing. You may make a presentation in person, submit a brief statement regarding facts, opinions or arguments, or both You may also submit a brief statement of facts, opinions and arguments in writing without a personal appearance by mail addressed to Shawn Leatherwood, Department of Safety and Professional Services, Division of Board Services, P.O. Box 8935, Madison, WI 53708. Written comments will be accepted up until July 30, 2013.

Copies of the proposed rule are available upon request to Shawn Leatherwood, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 or by email at shancethea.leatherwood@wisconsin.gov.

Comments may be submitted to Shawn Leatherwood, Department of Safety and Professional Services, 1400 East Washington Avenue, Room 116, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to shancethea.leatherwood@wiscosin.gov. Comments must be received on or before July 30, 2013 to be included in the record of rule-making proceedings.

Section 448.63 (3), Stats.

Sections 15.085 (5) (b), 440.035 (1), 448.63 (3), 448.665, Stats.

The Podiatrists Affiliated Credentialing Boards is charged with promulgating rules that govern their profession via ss. 15.085 (5) (b) and 440.035 (1), Stats., under the oversight of the Medial Examining Board. Pursuant to s. 448.63 (3), Stats., the Podiatrists Affiliated Credentialing Board has authority to write rules concerning various classes of temporary licensure. Section 448.665, Stats., grants rule writing authority for establishing requirements for continuing education. Therefore the Podiatrists Affiliated Credentialing Board is generally and specifically vested with the authority to promulgate these rules.