N/A.

The Government Accountability Board's rule on ballot security, under ss. 7.23 and 7.51, Stats., has become outdated because of advances in technology and because of heightened administrative and public concerns about ballot security in light of recent security and chain-of-custody problems in elections both in Wisconsin and in other states. To address those concerns and to update ballot security procedures in Wisconsin, the Board proposes to repeal and re-create chapter GAB 5, the ballot security rule.

Chapter GAB 5 was originally published in 1992 and has not been amended except for renumbering and a correction in 2008. (Registers April 2008 No. 628 and June 2008 No. 630). Numerous statutory amendments have been made since 1992 for which ch. GAB 5 applies. For example, current ch. GAB 5 is silent as to the security of present-day electronic voting systems.

Recreated Chapter GAB 5 will address the statutory changes that have occurred since 1992 and create security instructions for the safeguarding of electronic tabulating voting equipment memory devices for periods before, during, and after elections. The rule also provides flexibility for counties to request approval to implement alternative security procedures.

Section 7.23, Stats., establishes timelines for the destruction of election materials. Section 7.51, Stats., establishes requirements for securing ballots and electronic voting equipment and documenting their chain of custody.

Section 5.05 (1) (f), Stats., expressly authorizes the Board to promulgate rules under ch. 227, Stats., for the purpose of interpreting or implementing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration.

Section 227.11 (2) (a), Stats., expressly authorizes the Board to promulgate rules to interpret the provisions of statutes the Board enforces or administers.

20 hours.

This rule will affect county and municipal election officials.

Federal law does not apply to the preparation, printing, or security of ballots. Federal law does require that materials, including ballots, relating to any election in which a federal office is on the ballot, must be preserved for not fewer than 22 months.

The anticipated economic impact from the implementation of the proposed order is minimal to none. There may be some minimal economic impact on local officials, but will not affect small businesses.

Michael Haas, 608-266-0136, michael.haas@wi.gov.

This statement of scope was approved by the governor on June 10, 2013.

Revises Chapter SPS 34.

Firearms and other dangerous weapons for private security personnel, private detectives, and private investigators or special investigators.

Permanent.

N/A.

The objective of the proposed rule revision is to update this chapter so that the chapter no longer conflicts with 2011 Wisconsin Act 35 (Wisconsin's Concealed Carry Law).

This chapter currently establishes (1) qualifications and other requirements that apply to private security personnel, private detectives, and private investigators or special investigators, who carry firearms or other dangerous weapons or who transport loaded firearms — and to the employers of those individuals; (2) qualifications and other requirements that apply to instructors who certify the firearms proficiency of the individuals who carry firearms; and (3) qualifications and other requirements that apply to entities which train and certify those firearms instructors. The Department enforces compliance with these qualifications and requirements primarily through (1) issuance and annual renewal of a firearms permit for each individual who carries a firearm; and (2) issuance and biennial renewal of a firearms-proficiency-certifier approval for each firearms instructor.

The rule revision under this Scope Statement is primarily expected to exempt all of the requirements in this chapter from applying to anyone who carries a concealed weapon in accordance with a permit issued under section 175.60 of the Statutes and Chapters Jus 17 and 18.

Alternatives to this revision include continuing to apply all of this chapter's requirements that currently determine who can carry a firearm — but updating the requirements that determine how these individuals can carry a firearm; that is, whether the firearm can be concealed rather than carried openly. This alternative would include modifying the current restrictions against concealed carry so that they no longer conflict with 2011 Act 35. The alternatives also include updating the chapter wherever needed so that it is consistent with contemporary industry and regulatory practices.

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

Section 440.26 (2) (c) of the Statutes states “the Department shall 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. To fulfill this duty, the Department has codified the qualifications described in section 3 above, along with qualifications that apply independent of whether a firearm is carried.

Section 440.26 (3m) of the Statutes states the “Department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under [section 440.26] or who is employed by a person licensed under [section 440.26]." Section 440.26 (3m), Stats., also requires these rules to allow carrying concealed weapons in the manner permitted under section 175.60 of the Statutes.

The Department estimates approximately 100 hours will be needed to perform the review and develop the proposed rule revisions. This time includes meeting with stakeholders, drafting the rule revisions, and processing the revisions through public hearings, legislative review, and adoption. The Department will assign existing staff to perform the review and develop the rule revisions, and no other resources will be needed.

Private security personnel, private detectives, and private investigators or special investigators, who carry firearms or transport loaded firearms — and the employers of those individuals.

An Internet-based search found only the following two federal regulations that specifically address carrying of firearms by private security personnel, private detectives, and private investigators or special investigators: (1) under section 2201a of title 42 of the United States Code, private security personnel at nuclear power facilities may be authorized to carry standard weapons after passing a background check and successfully completing specified training in the use of firearms; and (2) appendix B of part 73 of title 10 of the Code of Federal Regulations contains the corresponding requirements for the weapons training, and requires demonstration of the specified firearms proficiency at least every 12 months. As Noticed in the Federal Register on February 3, 2011, and January 10, 2013, and as authorized under the Energy Policy Act of 2005, the Nuclear Regulatory Commission has proposed revising 10 CFR 73 to address (1) voluntary use of enhanced weapons — such as machine guns and semi-automatic, large capacity assault weapons — at these facilities, including at-reactor independent spent fuel storage installations; (2) preemption of any other federal, state, or local requirements that would otherwise prohibit use of these enhanced weapons; and (3) screening all security personnel who use standard or enhanced weapons, through the National Instant Criminal Background Check System, as maintained by the U.S. Department of Justice.

Under sections 926B and 926C of title 18 of the United States Code, individual states and their political subdivisions are not allowed to restrict qualified current and former law enforcement officers from carrying concealed firearms, except on state- or local-government-owned property or on private property that is restricted against such carry by the property owner.

According to the rule analysis issued by the Wisconsin Department of Justice for Chapters Jus 17 and 18, there are no federal regulations that relate to the licensing of concealed carry by persons other than current and former law enforcement officers, nor are there any federal regulations governing the certification of firearms instructors for concealed-carry purposes.

Various sections of the U.S. Code and the Code of Federal Regulations, such as 18 U.S.C. 930, address possession of firearms or other dangerous weapons in federal facilities and on federal property, such as post offices, Internal Revenue Service offices, federal court buildings, military facilities, Veterans Administration facilities, federal correctional facilities, Amtrak trains and facilities, Corps of Engineers-controlled property, and national parks and wildlife preserves.

Under 18 U.S.C. 922 (d), felons, illegal aliens, and other specified persons are prohibited from purchasing or possessing firearms — and this prohibition is partly enforced by States through background checks under part 25 of title 28 of the Code of Federal Regulations during an application process for a concealed-carry or other firearm permit. As Noticed in the April 23, 2013, Federal Register, the U.S. Department of Health and Human Services is considering rule revisions to reduce any unnecessary legal barriers relating to the Health Insurance Portability and Accountability Act and use of the federal National Instant Criminal Background Check System.

Under 18 U.S.C. 922 (q), possession of a firearm is prohibited in a school zone, except as authorized in that section.

None of the intended rule revisions are expected to conflict with the above federal regulations.

Since individuals other than former federal law enforcement officers who would obtain a concealed-carry permit under Chapters Jus 17 and 18 in lieu of obtaining a firearms permit under Chapter SPS 34 would renew their permit once every five years instead of demonstrating their firearms proficiency annually under Chapter SPS 34, those individuals and their employers would likely incur lower costs if this intended rule revision is implemented. However, firearms-proficiency certifiers for these individuals would likely receive lower revenues.

Sam Rockweiler, at telephone (608) 266-0797.