CR_14-016 Revises Chapters SPS 80 to 87, relating to examinations, education, and experience requirements for real estate appraisers.

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 [e-mail] , or by calling [phone].

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 [phone]; email at [e-mail] .

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
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

CR 14-016

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 [e-mail] . Comments must be received on or before March 14, 2014 , to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Shawn Leatherwood, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708, by email at [e-mail] or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd- 49da-8fde-046713617e9e .

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Sections 458.06 , 458.08 , 458.10 , 458.13 , Stats.

Statutory authority

Sections 227.11 (2) (a) , 440.03 (1) , 458.03 (1) (b) , 458.085 , 458.10 (3) , Stats.

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.

Summary of factual data and analytical methodologies

The AQB minimum qualification requirements for real estate appraisers will change as of January 1, 2015. The Department has reviewed the changes in order to determine how the changes will impact the current rules. The Department has determined that the current rules need to be aligned with the new AQB minimum criteria for licensure of real estate appraisers. The Department has considered the suggestions of the Appraisal Subcommittee in making the necessary changes to the current rules.

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

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 [e-mail] , or by calling [phone].

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis are attached.

Initial Regulatory Flexibility Analysis or Summary

None.

Environmental Assessment/Statement: [if required]

None.

Agency Contact Person

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, Wisconsin 53708-8366; telephone [phone]; email at [e-mail] .

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 80- 87
3. Subject
Examination, Education and experience requirements for real estate appraisers
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			20.165 (1)(g)
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
Real estate appraisers are regulated by state and federal legislation. On the state level real estate appraisers are regulated by ch. 458, Stats. and Wis. Admin. Code SPS 80-87. On the federal level real estate appraisers are regulated by the Financial Institutions Reform Recovery Act of 1989 ("FIRREA") 12 U.S.C. 3331 et seq. Implementation of the federal standards are overseen by the Appraisal Subcommittee (ASC). The ASC monitors state regulations of certified and licensed appraisers and reviews each state's compliance with federal legislation. The ASC also monitors the Appraiser Qualifications Board (AQB) which establishes the minimum education, experience and examination requirements for real property appraisers to obtain state credentials. The minimum education, experience and examination requirements, as set by the AQB, will change as of January 1, 2015. Consequently, the state regulations must be amended to bring them into conformity with the federal mandate.
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 will primarily affect current real estate appraisers credential holders and applicants for real estate appraiser credentials. The rule was posted on the Department of Safety and Professional Service's website for 14 days in order to solicit comments from businesses, associations representing businesses, local governmental units and individuals that may be affected by the rule. No comments were received.
11. Identify the local governmental units that participated in the development of this EIA.
No local governmental units participated in the development of this EIA.
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 rule will not have a significant impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The main benefit of implementing the proposed rule is bringing relevant Wis. Admin. Code into conformity with the federally mandated minimum education, experience and examination requirements established by the AQB.
14. Long Range Implications of Implementing the Rule
The proposed rule will provide greater guidance to applicants seeking licensure within the real estate appraiser profession.
15. Compare With Approaches Being Used by Federal Government
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 of 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 an appraiser credential.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
All states must be in compliance with the federal minimum criteria established by the AQB by January 1, 2015. 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.
17. Contact Name				18. Contact Phone Number
Shawn Leatherwood				608-261-4438

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
General, Part IV, Chs. 388—

CR 14-019

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss. 227.11 (2) (a) , 227.04 (2) (b) , and 440.03 (1) and (13) (am) , Wis. Stats., and interpreting ss. 227.11 (2) (a) , 227.46 (1) , and 440.205 , 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 Chapters SPS 1 Appendices I and II, SPS 2 Appendix I, SPS 3 Appendix I, and SPS 8 Appendix I, and sections SPS 4.07 (30) and (59) , 4.08 (2) , 8.02 (5) (a) , (b) , and (c) , and 500.10 (2) (a) ; to renumber section SPS 500.10 (2) (b) ; to amend sections SPS 1.03 (4) and (6) , 2.03 (6) , 2.08 (2) , 2.15 (5) , 2.18 (4) , 3.03 (4) , 4.01 , 4.04 (1) , 6.03 (7) , 6.08 , 6.09 (2) , (3) , and (5) , 6.11 (1) (intro.) , (a) and (b) and (2) , 7.02 (4) , and 8.02 (4) and (5) (intro.) ; and to create sections SPS 6.11 (1) (c) , 500.03 (3) , and 500.04 , relating to administrative procedures and small business discretion.

Hearing Information

Date:   Monday, March 17, 2014
Time:   10:00 a.m.
Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)
  Room 121A
  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. All submittals must be directed to Katie Paff, Program and Policy Analyst, at [e-mail] ; or 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 Katie Paff, Program and Policy Analyst, 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 [e-mail] . Comments must be received on or before the public hearing to be held on March 17, 2014 , at 11a.m. to be included in the record of rule-making proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Katie Paff, Program and Policy Analyst, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708, by email at [e-mail] or on our website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e .

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Sections 227.11 (2) (a) , 227.46 (1) , 440.205 , Stats.

Statutory authority

Sections 227.04 (2) (b) , 227.11 (2) (a) , 440.03 (1) and (13) (am) , Stats.

Explanation of agency authority

Section 227.04 (2) (b) , Wis. Stats. Consistent with the requirements under s. 895.59 and, to the extent possible, each agency shall do all of the following: Establish, by rule, reduced fines and alternative enforcement mechanisms for minor violations of administrative rules made by small businesses. The rules promulgated under this paragraph shall include a definition of "minor violation".

Section 227.11 (2) (a) , Wis. Stats. Rule-making authority is expressly conferred as follows: (a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency: 1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature. 2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature. 3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.

Section 440.03 (1) , Wis. Stats. The department may promulgate rules defining uniform procedures to be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards, attached to the department or an examining board, for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.

Section 440.03 (13) (am) , Wis. Stats. A person holding a credential under chs. 440 to 480 who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction. The department shall by rule determine what information and documentation the person holding the credential shall include with the written notice.

Related statute or rule

Sections 227.51 , 440.205 , and 895.59 , Wis. Stats.

Plain language analysis

The rulemaking project updates the Department's administrative procedures through a number of modifications to chs. SPS 1 to 9 . Modifications include:

1.   Clarifying procedures for summary judgment motions.

2.   Eliminating references to former Division titles.

3.   Modifying deadlines associated with the assessment of costs in s. SPS 2.18 , Wis. Adm. Code.

4.   Repealing outdated appendices.

5.   Improving the efficiency of the procedures for the Department's filing of papers with disciplinary authorities.

6.   Adding pertinent rule authority references to ch. SPS 4 , Wis. Adm. Code.

7.   Amending s. SPS 6.11 , Wis. Adm. Code, to allow an administrative law judge from the Department of Administration to preside over show cause hearings.

8.   Revising the definition of "first occurrence" in SPS 8, Wis. Adm. Code, to more closely align with s. 440.205 , Wis. Stats.

The rule project incorporates rule changes to ch. SPS 500 , Wis. Adm. Code, including a definition of minor violation, as affected by the enactment of 2011 Wisconsin Act 46 .

The rule project also incorporates rule changes to ch. SPS 4 , Wis. Adm. Code, as affected by the enactment of 2011 Wisconsin Act 255 .

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

None.

Comparison with rules in adjacent states

Illinois: The Illinois Administrative Procedure Act states that the agency head, one or more members of the agency head, or any other person meeting the qualifications set forth by rule under Section 10-20 may be the administrative law judge. The agency must provide by rule for disqualification of an administrative law judge for bias or conflict of interest. An adverse ruling, in and of itself, shall not constitute bias or conflict of interest (5 ILCS 100/10-30).

Section 10-20 requires that all agencies adopt rules concerning the minimum qualifications of administrative law judges for contested case hearings. The agency head or an attorney licensed to practice law in Illinois may act as an administrative law judge or panel for an agency without adopting ay rules under this Section.

All papers filed or submitted to the Department or Committee in a contested case shall be typewritten, on 8 ½ by 11 inch white paper (1110 Ill. Adm. Code 50). Service of any document may be by mail or personal delivery. Proof of service should be attached to the original of any document served. In the absence of evidence to the contrary, the date shown on the proof of service shall be deemed the date of service (1110 Ill. Adm. Code 60).

The Illinois Department of Professional Regulation administrative rules are silent with regards to the deadlines associated with the assessment of costs in contested case hearings.

Iowa: Iowa Code section 17A.11 states that if the agency or an officer of the agency under whose authority the contested case is to take place is named a party to that proceeding or a real party in interest to that proceeding the presiding officer may be, in the discretion of the agency, the agency, one or more members of a multimember agency, or one or more administrative law judges assigned by the Division of Administrative Hearings in accordance with the provisions of section 10A.801. However, a party may, within a time period specified by rule, request that the presiding officer be an administrative law judge assigned by the Division of Administrative Hearings. The agency must grant a request by a party for an administrative law judge unless otherwise provided by statute or one of a list of conditions exists.

If the agency or an officer of the agency under whose authority the contested case is to take place is not named party to that proceeding or a real party in interest to that proceeding the presiding officer may be, in the discretion of the agency, either the agency, one or more members of a multimember agency, an administrative law judge assigned by the Division of Administrative Hearings in accordance with the provision of section 10A.801, or any other qualified person designated as a presiding officer by the agency. Any other person designated as a presiding officer by the agency may be employed by and officed in the agency for which that person acts as a presiding officer, but such a person shall not perform duties inconsistent with that person's duties and responsibilities as a presiding officer.

A document is deemed to be filed at the time it is delivered (in person) to the department and date-stamped received, delivered to an established courier service for immediate delivery, mailed by first-class mail or by state interoffice mail so long as there is adequate proof of mailing, or sent by facsimile transmission (Iowa Adm. Code r. 11-7.12).

Parties in a contested case have the right to participate or to be represented in all hearings or prehearing conferences related to their case. Any party may be represented by an attorney or another person authorized by law. The cost of representation is the responsibility of the party (Iowa Adm. Code r. 11-7.12).

Michigan: The Michigan Administrative Procedures Act of 1969 states that the presiding officer of a contested case may be an agency, 1 or more members of the agency, a person designated by statute or 1 or more hearing officers designated and authorized by the agency to handle contested cases (Michigan Statutes Section 24.279 ).

Michigan Executive Order 2011-4 created the Michigan Administrative Hearing System (MAHS), an independent and autonomous agency within the Michigan Department of Licensing and Regulatory Affairs. Administrative law judges from MAHS preside over professional licensure disciplinary and denial hearings.

Minnesota: Minnesota Statutes Chapter 214 , Section 10, subd. 2. states that examining and licensing boards schedule disciplinary hearings in accordance with Chapter 14 which specifies that hearings are required to be conducted by an administrative law judge employed by the Office of Administrative Hearings (OAH). The Chief Administrative Law Judge of the OAH must assign a judge to hear the case (Minnesota Code Section 1400.5010 to 1400.8400). The OAH is an independent tribunal within the executive branch.

All documents must be submitted to the office on standard size 8 ½ inch y 11 inch paper. A person may file any document with the office using facsimile transmission. Filing a facsimile is equivalent to filing the original document, and is effective when the office receives it. A transmission commenced before 4:30pm on the last day of filing is timely filed (Minn. R. 1400.2030).

A party seeking an award of expenses an attorney's fees must submit an application to the judge. The state agency or any other party may respond or object to all or any part of the application for expenses and fees within 14 days following the service of the application. Within 30 days following the close of the record in the proceeding for the award of expenses and attorney's fees, the administrative law judge must issue a written order including the amounts awarded for fees and other expenses (if any) (Minn. R. 1400.8401).

Summary of factual data and analytical methodologies

The Department conducted a review of SPS chapters relating to procedures. Many existing rules for Department administrative procedures are unclear and inefficient. Proposed modifications would update the rules to create greater efficiencies, align rules more closely with statute, and incorporate technological changes. Adjacent states' rules were also reviewed.

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

The rule was posted for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units, and individuals, for a period of 14 days. No comments were received relating to the economic impact of the rule.

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 [e-mail] , or by calling [phone].

Agency Contact Person

Katie Paff, Program and Policy Analyst, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail] .

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 1, 1 Appendix I, 1 Appendix II, 2, 2 Appendix I, 3, 3 Appendix I, 4, 6, 7, 8, 8 Appendix I, and 500.
3. Subject
Relating to administrative procedures and small business discretion
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			20.165 (1) (g)
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 Department conducted a review of SPS chapters relating to procedures. Many existing rules for Department administrative procedures are unclear and reflect previously used practices and policies.
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.
This rule was posted for 14 days for economic impact comments and none were received.
11. Identify the local governmental units that participated in the development of this EIA.
None. This rule does not affect local government units.
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 rule will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Proposed modifications would update the rules to reflect current practices, align rules more closely with statute, incorporate technological efficiencies, and create more transparent processes. The proposed rule would also incorporate rule changes as affected by the enactments of 2011 Wisconsin Act 46 and 200 Wisconsin Act 255.
14. Long Range Implications of Implementing the Rule
Implementing the rule would align the rules with current practices and titles and create more transparent processes.
15. Compare With Approaches Being Used by Federal Government
None.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Michigan, Minnesota, and Iowa have central agencies that employ administrative law judges to preside over administrative hearings. In Illinois, all papers filed or submitted to the Department or Committee in a contested case shall be typewritten, on 8 ½ by 11 inch white paper. Service of any document may be by mail or personal delivery. Proof of service should be attached to the original of any document served. In the absence of evidence to the contrary, the date shown on the proof of service shall be deemed the date of service. In Iowa, a document is deemed to be filed at the time it is delivered (in person) to the department and date-stamped received, delivered to an established courier service for immediate delivery, mailed by first-class mail or by state interoffice mail so long as there is adequate proof of mailing, or sent by facsimile transmission. In Minnesota, all documents must be submitted to the office on standard size 8 ½ inch y 11 inch paper. A person may file any document with the office using facsimile transmission. Filing a facsimile is equivalent to filing the original document, and is effective when the office receives it. A transmission commenced before 4:30pm on the last day of filing is timely filed. The Illinois Department of Professional Regulation administrative rules are silent with regards to the deadlines associated with the assessment of costs in contested case hearings. In Iowa, parties in a contested case have the right to participate or to be represented in all hearings or prehearing conferences related to their case. Any party may be represented by an attorney or another person authorized by law. The cost of representation is the responsibility of the party. In Minnesota, the administrative law judge must issue a written order including the amounts awarded for fees and other expenses within 30 days following the close of the record in the proceeding for the award of expenses and attorney's fees.
17. Contact Name				18. Contact Phone Number
Katie Paff				608-261-4472

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Safety and Professional Services

General Part I, Chs. 301—319
Commercial Building Code, Chs. 361—366

CR 14-020

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services by sections 101.02 (15) (h) to (j), 101.63 (1), 101.981 (2), 101.982, and 227.11 (2) (a) of the Wisconsin Statutes, and interpreting sections 101.02 (15) (h) to (j), 101.17, 101.63 (1), 101.981 (2), 101.982, 101.983, and 101.988 of the Wisconsin Statutes, the Department will hold a public hearing at the time and place indicated below to consider a proposed order to revise Chapters SPS 318 , 362 , and 366 relating to elevators, escalators, and lift devices.

Hearing Information

Date:   Monday, March 17, 2014
Time:   Commencing at 10:00 a.m.
Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)
  Room 121C
  Madison, Wisconsin

Appearance 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 arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without a personal appearance, by e-mail to [e-mail] or 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 rulemaking proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Sam Rockweiler, Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708-8366; or by email at [e-mail] ; or on the following website: http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e .

Proposed Order

An order of the Department of Safety and Professional Services to repeal SPS 362.3006 (3);

to renumber SPS 362.3004 (2) and 362.3006 (1), (2), and (4);

to repeal and recreate SPS 318, 362.3002 (3) and 362.3006 (1) (Note);

and to create SPS 362.1009, 362.1109, 362.3004 (2) and (3) (b) 2. d., 362.3006 (1) and (3) and (Note), 366.0604, and 366.0605 relating to elevators, escalators, and lift devices, and affecting small business.

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Sections 101.02 (15) (h) to (j) , 101.17 , 101.63 (1) , 101.981 (2) , 101.982 , 101.983 , and 101.988 , Stats.

Statutory authority

Sections 101.02 (15) (h) to (j) , 101.63 (1) , 101.981 (2) , 101.982 , and 227.11 (2) (a) , Stats.

Explanation of agency authority

Under sections 101.63 (1) , 101.981 (2) , and 101.982 of the Statutes, the Department has authority to promulgate rules for the safe installation, operation, testing, and inspection of conveyances, which include elevators, escalators, and lift devices. Under section 101.982 , Stats., the Department also has authority to promulgate rules for enforcement of the technical standards for these conveyances.

Sections 101.02 (15) (h) to (j) of the Statutes require the Department to promulgate rules for the construction, repair, and maintenance of safe public buildings and places of employment — and to prescribe the safety devices and standards that are needed to protect the life, health, safety and welfare of the employees and frequenters therein.

Section 227.11 (2) (a) of the Statutes 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

The Wisconsin Commercial Building Code , which consists of chs. SPS 361 to 366 .

The Wisconsin Uniform Dwelling Code , which consists of chs. SPS 320 to 325 .

Plain language analysis

Currently, the Department's standards for conveyances are contained in ch. SPS 318 , Elevators, Escalators and Lift Devices. The chapter currently adopts and references the following two national standards promulgated by the American Society of Mechanical Engineers (ASME ® ), as the basis of the chapter's technical standards:

•   ASME A17.1-2007, Safety Code for Elevators and Escalators.

•   ASME A18.1-2005, Safety Standard for Platform Lifts and Stairway Chairlifts.

Chapter SPS 318 currently includes modifications made to these two standards.

The proposed revisions to ch. SPS 318 would adopt the current editions of the ASME A17.1 and A18.1 standards, which are the 2013 and 2011 editions, respectively. The proposed rule revisions also contain a number of modifications to the technical requirements within these standards, such as refining how various inspections are to occur, and include reorganizing the current requirements and applying various editorial improvements — all of which are intended to better reflect contemporary industry and regulatory best practices.

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

No existing or proposed federal regulations were found to address or impact the activities to be regulated by these rule revisions.

Comparison with rules in adjacent states

An Internet-based search found that all of the adjacent states adopt by reference certain editions of the ASME A17.1 and A18.1 standards. The adjacent states also create amendments to the adopted standards, similar to Wisconsin's administrative rules relating to elevators, escalators, and lift devices.

The following are the adjacent states and the editions of the ASME standards that they adopt and enforce:

(a) The Illinois Office of the State Fire Marshal, Division of Elevator Safety is responsible for implementing the Elevator Safety and Regulation Acts. The 2010 edition of the ASME A17.1 standard, Safety Code for Elevators and Escalators ; the 2005 edition of the ASME A17.3 standard, Safety Code for Existing Elevators and Escalators ; and the 2008 edition of the ASME A18.1 standard, Safety Standard for Platform Lifts and Stairway Chairlifts are each adopted by reference.

(b) The Iowa Department of Workforce Development, Division of Labor Services, Elevator and Escalators oversees all elevators, escalators, dumbwaiters, and related equipment to ensure they comply with all applicable rules and statutes. The 2010 edition of the ASME A17.1 standard and the 2011 edition of the ASME A18.1 standard are both adopted by reference.

(c) The Minnesota Department of Labor and Industry is responsible for enforcing minimum requirements relating to building codes, including elevators and related devices. The requirements address the design, construction, installation, alteration, repair, removal, operation, and maintenance of passenger elevators. The 2004 edition of the ASME A17.1 standard and its A17.1A addenda and 2005 supplement are adopted by reference, as is the 2005 edition of the ASME A18.1 standard.

(d) The Michigan Department of Labor and Economic Growth is responsible for issuing permits; examination and licensing of elevator journeypersons and contractors; inspecting elevators, escalators, and dumbwaiters; investigating complaints; and reporting elevator accidents. The state rules establish, for the protection of the general public, minimum safety requirements for inspection, construction, installation, alteration, maintenance, repair, and operation of elevators. The 2007 edition of the ASME A17.1 standard and the 2008 edition of the ASME A18.1 standard are both adopted by reference.

Summary of factual data and analytical methodologies

The primary methodology for this updating of ch. SPS 318 consisted of comprehensively reviewing and assessing the latest editions of the national technical standards for the design and construction of conveyances, which serve as the basis for ch. SPS 318 . Staff prepared a comprehensive comparison of the changes in the latest editions of the ASME standards to the editions currently adopted under ch. SPS 318 . The Department's review and assessment process included the participation of the Conveyance Safety Code Council, as established under ch. 15 of the Statutes. The members of that Council represent many stakeholders involved in the conveyance industry, including manufacturers, designers, contractors, inspectors, and the general public as users of the conveyances.

The Department believes that the national model codes reflect current societal values with respect to protecting public health, safety, and welfare in the design, construction, use, operation, and maintenance of conveyances in commercial and residential buildings. The ASME-standard-setting committees use a process open to all parties in the development of their codes. More information on the development of these standards may be obtained from the ASME website at www.asme.org .

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

The Department used the Conveyance Safety Code Council to gather and analyze information on potential impacts of complying with both the technical and administrative requirements of the proposed rule revisions.

By posting rule development and council activities on the Department's website, small businesses can follow the development of proposed code changes.

Adopting the current editions of the ASME A17.1 and A18.1 standards are not expected to impose a significant impact on small businesses selling conveyances or providing services for conveyances.

It is anticipated these rule revisions will not have a significant impact on small businesses installing elevators and dumbwaiters.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on Small Business

The Department believes the proposed rule revisions will not increase the effect on small businesses beyond what the current rules impose on them.

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 318, 362, and 366 – Elevators, Escalators, and Lift Devices
3. Subject
Elevators, Escalators, and Lift Devices
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
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 proposed rule revisions would primarily adopt the most current edition of the American Society of Mechanical Engineers (ASME) A17.1 and A18.1 standards for conveyances, which are the 2013 and 2011 editions, respectively. The revisions contain a number of modifications to the technical requirements within these standards, primarily relating to how inspections occur, and include reorganizing the current requirements and applying various editorial changes – all of which are intended to better reflect contemporary industry and regulatory best practices.
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.
Representatives of manufacturers, designers, contractors, inspectors, and the general public as users of the conveyances
11. Identify the local governmental units that participated in the development of this EIA.
City of Madison
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)
Some additional cost may be incurred because of additional testing of below-grade hydraulic components of some existing hydraulic elevators, as required by the ASME A17.1 standard, but this requirement is not expected to have a significant adverse effect.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Installation, operation, inspection, and testing of elevators, escalators, and lift devices would be guided by more up-to-date standards and information; and public safety would be increased. The alternatives include continuing to apply the current, outdated standards.
14. Long Range Implications of Implementing the Rule
Clarity and ease of use of the regulations, and public safety, would be improved.
15. Compare With Approaches Being Used by Federal Government
See comparison in the rule analysis that accompanies the proposed 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 proposed rule revisions.
17. Contact Name				18. Contact Phone Number
Sam Rockweiler				608-266-0797

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Safety and Professional Services

Uniform Dwelling Code, Chs. 320—325

CR 14-015 , EmR1403

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in sections 101.63 (intro.) and (1) (intro.) and 227.11 (2) (a) of the Wisconsin Statutes, the Department of Safety and Professional Services will hold a public hearing at the time and place shown below to consider an order to amend sections SPS 321.02 (1) (c) , 321.23 , Table 321.25–A, 321.25 (7) (d) and (8) (a) (Note), and Chapters SPS 320 to 325 Appendix — Minimum Fastener Schedule Table; and to repeal and recreate s. SPS 321.25 (8) (b) to (h) and (9) , relating to wall bracing for one- and two-family dwellings. As provided in section 227.24 (4) of the Statutes, this hearing will also be for emergency rules that identically address these SPS sections.

Hearing Information

Date:   Tuesday, March 11, 2014
Time:   Commencing at 10:00 a.m.
Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)
  Room 121C
  Madison, Wisconsin

Appearance 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 arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without a personal appearance, by e-mail to [e-mail] or 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 rulemaking proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Sam Rockweiler, Rules Coordinator Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708-8366, by email at [e-mail] or on our website at http://dsps.wi.gov/ Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e .

Copies of the emergency rule are available upon request to the Rules Coordinator shown above, or on the Department's website at http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e .

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Sections 101.63 (intro.) and (1) (intro.) and (5) , Stats.

Statutory authority

Sections 227.11 (2) (a) and 101.63 (intro.) and (1) (intro.) , Stats.

Explanation of agency authority

Section 227.11 (2) (a) of the Statutes 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.

Sections 101.63 (intro.) and (1) (intro.) require the Department to adopt rules which establish standards for the construction and inspection of one- and two-family dwellings and components thereof. No set of rules may be adopted that has not taken into account the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions.

Related statute or rule

Various other statutes and rules promulgated by the Department address construction and inspection of public buildings and places of employment, and some of those rules likewise address designing those structures to withstand wind loads.

Plain language analysis

These rule revisions would clarify and simplify the prescriptive methods in ch. SPS 321 for designing wall bracing for one- and two-family homes, to adequately withstand wind loads.

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

An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register did not find any federal regulations relating to the rule revisions herein for one- and two-family dwellings — other than the preemptive construction, installation, and safety standards for manufactured homes in 24 CFR Parts 3280 and 3285 .

Comparison with rules in adjacent states

Illinois : An Internet-based search did not reveal the existence of a statewide one- and two-family dwelling code. Dwelling regulation appears to be left up to the individual local units of government.

Iowa: An Internet-based search did not reveal the existence of a statewide one- and two-family dwelling code. Dwelling regulation appears to be left up to the individual local units of government.

Michigan : An Internet-based search revealed a mandatory, statewide one- and two-family dwelling code. The Residential Construction Code under the Construction Code Commission's General Rules, in section 408.305, contains the state amendments to the 2009 International Residential Code (IRC) developed by the International Code Council, and includes wall-bracing requirements that are similar to the requirements which would be replaced by the rule revisions contained herein.

Minnesota: An Internet-based search revealed a mandatory, statewide one- and two-family dwelling code. The Minnesota Department of Labor and Industry, in Chapter 1309, adopts the 2006 IRC, chapters 2-10 and 43. Chapters 2 - 10 contain the general construction provisions of the IRC, which include wall-bracing requirements that are similar to the requirements which would be replaced by the rule revisions contained herein.

Summary of factual data and analytical methodologies

The Department received input during several meetings with the Dwelling Code Council. The makeup of this Council is established under section 15.407 (10) of the Statutes and consists of members who are appointed by the Governor. The Council includes representatives of several types of small businesses. Through this Council, the Department was able to gather information on the potential impacts of the rule revisions contained herein.

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

The rule revisions are not expected to significantly impact small business because they would clarify and simplify current requirements rather than impose new restrictions.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

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 8935, Madison, WI, 53708-8935; or at telephone [phone]; or e-mail at [e-mail] .

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 321, and 320 to 325 Appendix — Uniform Dwelling Code
3. Subject
Wall Bracing for One- and Two-Family Dwellings
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   ⍽ PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			20.165 (2) (j)
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 proposed rule revisions primarily would clarify and simplify the prescriptive methods in chapter SPS 321 for designing wall bracing for one- and two-family homes, to adequately withstand wind loads.
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.
Representatives of each of the following: building-trade labor organizations; certified building inspectors employed by local units of government; building contractors actively engaged in on-site construction of one- and two-family housing; manufacturers, retailers, or installers of manufactured or modular one- and 2-family housing; architects, engineers, or designers who are registered under chapter 443 of the Statutes and who are actively engaged in the design or evaluation of one- and two-family housing; the construction material supply industry; remodeling contractors actively engaged in the remodeling of one- and two-family housing; persons with disabilities, as defined in section 106.50 (1m) (g) of the Statutes; and fire prevention professionals.
11. Identify the local governmental units that participated in the development of this EIA.
City of Wausau
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
Design, construction, and inspection of wall bracing would be clarified and simplified – which should reduce costs and delays. The current costs and delays would continue if the rule is not implemented.
14. Long Range Implications of Implementing the Rule
Clarity and ease of use of the requirements would be improved.
15. Compare With Approaches Being Used by Federal Government
See comparison in the rule analysis that accompanies the proposed 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 proposed rule revisions.
17. Contact Name				18. Contact Phone Number
Sam Rockweiler				608-266-0797

This document can be made available in alternate formats to individuals with disabilities upon request.

Notice of Hearing

Safety and Professional Services

Uniform Dwelling Code, Chs. 320—325
General Part II, Chs. 326—360

CR 14-017

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services by sections 101.935 (3), 101.937 (1), 101.96 (1) (a) and (b), and 227.11 (2) (a) of the Wisconsin Statutes, and interpreting sections 101.935 (3), 101.937 (1), and 101.96 (1) (a) and (b) of the Wisconsin Statutes, the Department will hold a public hearing at the time and place indicated below to consider the proposed order to revise Chapters SPS 320 , 321 , and 326 , relating to manufactured homes and manufactured home communities.

Hearing Information

Date:   Friday, March 14, 2014
Time:   Commencing at 9:30 a.m.
Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)
  Room 121C
  Madison, Wisconsin

Appearance 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 arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without a personal appearance, by e-mail to [e-mail] or 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 rulemaking proceedings.

Place Where Comments are to be Submitted and Deadline for Submission

Comments may be submitted to 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 by e-mail to [e-mail] . Comments must be received on or before March 14, 2014 , to be included in the record of rulemaking proceedings.

Copies of Rule

Copies of this proposed rule are available upon request to Sam Rockweiler, Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708-8366; or by email at [e-mail] ; or on the following website: http://dsps.wi.gov/Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e .

Proposed Order

An order of the Department of Safety and Professional Services to repeal SPS 326.10 (4); 326.32 (3) (b), (7), and (8); 326.34 (1) (a) (Note) and (6); 326.36 (1) (b) 2.; 326.37; and 326.38 (1) (c);

to renumber SPS 326.10 (5) to (20), 326.16, 326.32 (3) (c) to (e), 326.34 (7) and (8), and 326.36 (1) (b) 3. and 4.;

to renumber and amend SPS 326.33 (1) (a);

to amend SPS 321.40 (2) (b) 8.; 326.12 (1) (c) (intro.), 1., and 2.; 326.16 (Note); 326.19 (intro.) and (1); 326.28; 326.30 (1) (a), (b), and (2) (Note); 326.34 (1) (a) and (2); 326.36 (1) (intro.), (c), and (i), and (2); 326.38 (1) (intro.); 326.44 (intro.); and 326.49 (1) (intro.);

to repeal and recreate SPS 321.40 (1) and (Note [1]);

and to create SPS 320.07 (52m) (Note [2]), 321.40 (2) (title), 326.16 (2) and (3), and SPS 326.20 relating to manufactured homes and manufactured home communities.

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Sections 101.935 (3) , 101.937 (1) , and 101.96 (1) (a) and (b) , Stats.

Statutory authority

Sections 101.935 (3) , 101.937 (1) , 101.96 (1) (a) and (b) , and 227.11 (2) (a) , Stats.

Explanation of agency authority

Section 101.935 (3) , Stats., authorizes the Department to promulgate rules for administering and enforcing the permit process that the section requires for manufactured home communities.

Section 101.937 (1) , Stats., requires the Department to promulgate rules establishing prescribed standards for providing water or sewer service to a manufactured home community occupant.

Sections 101.96 (1) (a) and (b) , Stats., require the Department to promulgate rules establishing standards for safe installation of manufactured homes, and for ensuring compliance with the standards.

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

The Department has related rules elsewhere in chs. SPS 320 to 325 addressing (1) building permits for manufactured homes, (2) construction of footings and foundations, and (3) other structures that are attached to these homes.

The Department of Agriculture, Trade and Consumer Protection has rules in ch. ATCP 125 relating to mobile home parks, and covering such items as rental agreements, transfer of tenancy, and termination of tenancy.

Plain language analysis

The proposed rule revisions primarily would update the installation standards for manufactured homes by incorporating the current, federal model standards in Title 24, Part 3285 of the Code of Federal Regulations — after approval for incorporating these standards is received from the Attorney General.

In addition to including several minor clarifications and updates, the proposed rule revisions would also (1) codify the Department's current modifications of the federal installation standards, and (2) update the Department's rules in chapter SPS 326 for manufactured home communities to reflect current administrative and regulatory practices. For example, the current provisions for deferred payment agreements for water and sewer service in a community would be repealed because they are better addressed in lease agreements between landlords and tenants. Also, where a community-wide soil test does not exist and a soil test is required, such as for a proposed frost-free-foundation design, the test would need to determine the soils in the entire community rather than at an individual site.

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

Federal construction requirements that preempt state or local requirements for constructing manufactured homes are addressed in Title 42 of the United States Code under sections 5401 to 5425, and in Title 24 of the Code of Federal Regulations under Part 3280. Federal minimum, model installation requirements for manufactured homes are addressed in 24 CFR Part 3285 .

Under 24 CFR 3285.1 (a)(1), "States that choose to operate an installation program for manufactured homes in lieu of the federal program must implement installation standards that provide protection to its residents that equals or exceeds the protection provided by these Model Installation Standards." Wisconsin has exercised this choice, through subchapter V of chapter 101 of the Statutes.

The rule revisions proposed in this order will not infringe on the federal construction requirements in 24 CFR Part 3280 , and will not provide less protection than the federal minimum installation requirements in 24 CFR Part 3285 .

No current federal regulations were found relating to construction or operation of manufactured-home communities.

No proposed federal regulations were found relating to either manufactured homes or manufactured home communities.

Comparison with rules in adjacent states

An Internet-based search of Web sites from the four adjacent states and telephone contact with program staff there produced the following results relating to these proposed rule changes.

Illinois: Manufactured homes must be installed under the on-site supervision of a licensed manufactured home installer, in compliance with either the manufacturers instructions, or, where no such instructions are available, in compliance with prescribed standards relating to such items as site location, support systems, electrical connections, and perimeter enclosures. Statewide requirements also address anchoring of the home, the water and sewer connections, and licensing of plumbers and roofers. Licensure of manufactured home communities is comprehensive, covering such items as streets, parking, water and sewer service, fire safety, and waste disposal.

Iowa: The federal installation standards are applied without any state-level modifications, and the credentialing for installers is similar to Wisconsin's. The only statewide regulations that were found relating to manufactured home communities essentially address only the rental agreements.

Michigan: The federal installation standards are applied, and the credentialing for installers is similar to Wisconsin's. Regulation of manufactured home communities is comprehensive, covering such items as plan approval, inspections, recreational areas, streets, utilities, fire safety, and business practices.

Minnesota: The federal installation standards are applied, and the credentialing for installers is similar to Wisconsin's. The regulations for manufactured home communities cover such items as home spacing, water and sewer service, garbage and refuse disposal, fire protection, inspections, and storm shelters.

Summary of factual data and analytical methodologies

The data and methodology for developing these rule revisions were derived from and consisted primarily of comparing the current edition of 24 CFR Part 3285 to the 2007 draft final rule of that Part, which the Department has applied since April 1, 2007. The Department's review and assessment process included evaluating the modifications to those federal standards that the Department has likewise applied since April 1, 2007. This comparison and evaluation was performed with the Manufactured Housing Code Council, as created under section 15.407 (13) of the Statutes. The members of the Council include representatives of the major stakeholders, including manufacturers of manufactured homes, dealers, installers, owners and residents of manufactured home communities, inspectors, labor representatives, industry suppliers, and an association of the manufactured housing industry. The Department utilized the Council to obtain information on any potential impacts of both the technical and administrative elements of the rule revisions. A responsibility of Council members is to bring forth concerns their respective organizations may have with the requirements, including concerns regarding economic impacts.

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

The primary document that was used to determine the effect of the proposed rule revisions on small businesses, and to prepare an economic impact analysis was 24 CFR Part 3285 , along with the installation instructions the Department has posted on its Web site since April 2007.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on Small Business

The proposed rule revisions are not expected to have an effect on small businesses because the current edition of 24 CFR Part 3285 , as it would be modified by these rule revisions, is not expected to impose costs that would substantially exceed the costs imposed by the currently applied requirements.

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] .

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 321 and 326, Manufactured Homes, and Manufactured Home Communities
3. Subject
Manufactured Homes And Manufactured Home Communities
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 proposed rule revisions primarily would update the installation standards for manufactured homes by incorporating the current, federal model standards in Title 24, Part 3285 of the Code of Federal Regulations. The proposed rule revisions would also (1) codify the Department's current modifications of the federal installation standards, and (2) update the Department's rules in chapter SPS 326 for manufactured home communities to reflect current administrative and regulatory practices.
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.
Representatives of manufacturers of manufactured homes, dealers, installers, owners and residents of manufactured home communities, inspectors, labor representatives, industry suppliers, and an association of the manufactured housing industry.
11. Identify the local governmental units that participated in the development of this EIA.
City of Superior
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
Installation of manufactured homes and operation of manufactured home communities would be guided by more up-to-date standards and information.
14. Long Range Implications of Implementing the Rule
Clarity and ease of use of the regulations would be improved.
15. Compare With Approaches Being Used by Federal Government
See comparison in the rule analysis that accompanies the proposed 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 proposed rule revisions.
17. Contact Name				18. Contact Phone Number
Sam Rockweiler				608-266-0797

This document can be made available in alternate formats to individuals with disabilities upon request.