EmR1308 Creates section SPS 34.04 (2) (a) 4., relating to training of firearms instructors for private security personnel, private detectives, and private investigators or special investigators, and affecting small business.

  • The Department of Public Instruction finds that an emergency exists and that the attached rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of the facts constituting the emergency is:
    Section 115.415 (3) , Stats., requires the department to establish an equivalency process for reviewing alternative educator effectiveness systems. The statute also specifies criteria on which the process shall be based, including alignment to the 2011 Interstate Teacher Assessment and Support Consortium and the 2008 Interstate School Leaders Licensure Consortium Educational Leadership Policy Standards. Additionally, the statute explains certain approval requirements.
    The Educator Effectiveness System will be fully implemented and mandatory throughout the entire state by the 2014-15 school year. The pilot, which allows schools and districts to implement the system and inform modifications, will go into effect during the 2013-14 school year.
      In order to have possible alternative models available for pilot use in 2013-14, there is an urgent need to get the equivalency process in place to approve other evaluation models. Districts intending on applying for an equivalency review of an alternative model must alert the department in writing by March 15, 2013, and January 15 each subsequent year. They must submit their application by April 15 of this year and March 15 each subsequent year in order to be approved.
    Filed with LRB:   March 4, 2013
    Publication Date:   March 8, 2013
    Effective Dates:   March 8, 2013 through
      August 4, 2013.
    Hearing Date:   June 6, 2013
    Safety and Professional Services (3)
    Professional Services, Chs. SPS 1—299
    1.   EmR1302 — The Wisconsin Department of Safety and Professional Services hereby adopts an order to amend sections SPS 60.01 ; SPS 61.02 (1) (a) , (2) (a) , (3) (a) , and (4) (a) ; 62.10 (title) and 62.10 ; 65.01 ; 65.02 (1) ; 65.07 ; and 65.12 (1) (h) and (i) 6. ; and to create chapter SPS 205 relating to barbers and to barbering and cosmetology schools and instructors, and affecting small business.
    This emergency rule was approved by the Governor on February 5, 2013.
    The statement of scope for this rule, SS 063–12, was approved by the Governor on August 10, 2012, published in Register 680 , on August 31, 2012, and approved by Secretary Dave Ross on October 15, 2012.
    Finding of Emergency
    The Department of Safety and Professional Services finds that an emergency exists within the state of Wisconsin and that adoption of an emergency rule is necessary for the immediate preservation of the public health, safety and welfare. A statement of the facts constituting the emergency is as follows.
    On July 1, 2012, 2011 Wisconsin Act 190 transferred regulatory authority over barbers from the Barbering and Cosmetology Examining Board to the Department of Safety and Professional Services. Act 190 also changed the educational requirements for initial licensure of barbers, and the continuing-education requirements for renewal of barber licenses. Due to the transfer of authority and the changes in education requirements, immediate rulemaking by the Department is needed to implement corresponding rule changes prior to April 1, 2013, which is the renewal date mandated by section 440.08 (2) (a) of the Statutes for all barbering licenses.
    Filed with LRB:   February 14, 2013
    Publication Date:   February 14, 2013
    Effective Dates:   February 14, 2013 through       July 13, 2013
    Hearing Date:   April 30, 2013
    2.   EmR1307 — The Wisconsin Department of Safety and Professional Services adopts an order to repeal section SPS 81.04 (1) (c) 3. and 4. , and to amend section SPS 81.04 (2) , relating to reciprocity.
    This emergency rule was approved by the Governor on May 20, 2013.
    The statement of scope for this rule, SS 012-13 , was approved by the Governor on January 28, 2013, published in Register No. 686 on February 14, 2013, and approved by the Department of Safety and Professional Services on February 28, 2013.
    Finding of Emergency
    The Department of Safety and Professional Services finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is as follows:
    Title XI of the Federal Financial Institutions Reform and Recovery Enforcement Act of 1989, as amended by the Dodd-Frank Act of 2010, dictates reciprocity requirements for real estate appraisers in each state. The federal body that oversees reciprocity requirements is the Appraisal Subcommittee (ASC). Currently, Wis. Admin. Code s. SPS 81.04 is not in compliance with the federal legislation. The Code must be brought into compliance by July 1, 2013. At that time, the ASC will conduct an audit to determine which states are in compliance. If Wisconsin is designated "out of compliance," then federally regulated financial institutions may not engage a Wisconsin certified or licensed appraiser to perform an appraisal of property for a federally related transaction and other states will not be required to recognize Wisconsin credentialed appraisers seeking reciprocity. In order to implement the federally mandated reciprocity requirements before July 1, 2013, an emergency rule is needed.
    Filed with LRB:   June 12, 2013
    Publication Date:   June 18, 2013
    Effective Dates:   June 18, 2013 through       November 14, 2013
    3.   EmR1308 — The Wisconsin Department of Safety and Professional Services adopts an order to create section SPS 34.04 (2) (a) 4. , relating to training of firearms instructors for private security personnel, private detectives, and private investigators or special investigators, and affecting small business.
    This emergency rule was approved by the Governor on May 29, 2013.
    The statement of scope for this rule, SS 080-12 , was approved by the Governor on October 2, 2012, published in Register No. 682 on October 31, 2012, and approved by the Department of Safety and Professional Services on December 4, 2012.
    Finding of Emergency
    The Department of Safety and Professional Services (DSPS) finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is as follows.
    Under section SPS 34.02 (1) , private security personnel, private detectives, and private investigators or special investigators, who are seeking a firearms permit from the Department must obtain a certificate of firearms proficiency. Section SPS 34.02 (2) mandates that the certification be received from a Department-approved firearms-proficiency certifier pursuant to section SPS 34.04 .
    Section SPS 34.04 currently accepts only those certifier applicants who have received training as a police or security firearms instructor and who have either (1) current approval as a firearms instructor by the Wisconsin Law Enforcement Standards Board (LESB); (2) current certification as a law enforcement firearms instructor by the National Rifle Association, Inc., (NRA) or; (3) approval on or after January 1, 1995, as a firearms instructor by the LESB or NRA and have completed a refresher course presented by a regional training school approved by the LESB or the NRA.
    Due to enactment of 2011 Wisconsin Act 35 (commonly referred to as the concealed carry law), which became effective on November 1, 2011, there is a greater need for additional entities who can provide training and approve applicants as firearms proficiency certifiers. Section 175.60 (4) of the Statutes currently allows technical colleges, colleges, and universities to provide this training for concealed-carry purposes. No such provision is made as it relates to private security personnel, private detectives, and private investigators or special investigators, for carrying a weapon openly. Moreover, the training needed for DSPS firearms certifiers differs significantly from that needed and provided by the LESB curriculum and under 2011 Act 35 . To that end, a new standard needs to be developed and implemented, separate and distinct from the LESB standards. Because the need to approve applicants for firearm proficiency certifiers is immediate and pressing, emergency rules are warranted.
    Filed with LRB:   June 13, 2013
    Publication Date:   June 13, 2013
    Effective Dates:   June 13, 2013 through       November 9, 2013
    Hearing Notice:   August 6, 2013
      (See hearing notice in this
      Register)