f. Verification of address provided by a social service or government agency.

2. A utility may require an applicant to provide information that may be used for verification purposes, such as a telephone number or address, if the applicant submits one of the items in subd. 1. b., c., e., or f. to the utility.

(e) If a request for verification of identity or residency is based on par. (a) 2., the utility may require that the applicant provide the information in s. 196.23 (1), Stats.

(f) If a utility requests information under this subsection, it shall inform the applicant of all items that are acceptable for verification of identity or residency, and allow the applicant to choose which items the applicant wishes to provide.

(g) If an applicant refuses to provide the information under pars. (c) or (d) or a utility finds, with reasonable certainty, that the verification is inadequate or falsified, the utility may request an additional item, refuse service or disconnect service.

(4) Processing applications and providing notice. (a) A utility shall approve or deny an application for service no later than 5 days after receipt of the information required under this section.

(b) A utility shall notify the applicant in writing within 5 days of its denial. A utility may notify an applicant verbally before written notification is sent. An application shall be considered denied when a service refusal has been finalized and no immediate conditions that could change that refusal remain. The notification shall include all of the following:

1. An explanation of why service is being refused.

2. The applicant's right to ask commission staff to review the refusal.

3. The commission's address, telephone number and web site.

Note: For example, if a utility has told a customer that it would supply service if the customer makes a payment, enters a deferred payment agreement or provides additional identity or residency information under sub. (3), the refusal is still conditional and has not been finalized.

(c) If a third party applies for service, a utility shall send written notification of the application to the most recent previous address of the person responsible for payment and the address for which service has been requested.

(d) If an applicant indicates that a third party is responsible for payment, a utility shall send written notification of the approval or denial of an application to both the third party and the applicant within 5 days of the application's approval or denial, although a utility may notify the third party and applicant before written confirmation is sent. If service is refused, the written notification shall include the information in par. (b) 1. to 3.

PSC 185.305 Application for nonresidential service. (1) For purposes of this section, “written" or “in writing" means legibly printed on paper or, with the intended recipient's permission, legibly printed in an electronic form that the recipient can electronically store and retrieve for future reference.

(2) (a) A user of water service shall apply for service in a form specified by the utility.

(b) A utility may require a verbal or written application for nonresidential service. The utility shall establish a written policy for when a written application is required. A utility may accept an application for service from a person other than the user or potential user of service

(c) The utility may only require that an applicant provide the following information in an application:

1. Legal name of the user of service and the person responsible for bill payment, if different than the user.

2. Telephone number of the user of service and the person responsible for bill payment, if different than the user.

3. Address where service is to be provided.

4. Mailing address if different from service address.

5. Date requested for service to begin.

6. The most recent previous address of the person responsible for bill payment.

7. Credit information under par. (e).

8. Initial identification data under par. (f).

(d) A utility may request information other than that listed in par. (c), but before requesting it the utility shall inform the applicant that providing that information is optional.

(e) A utility may request reasonable credit information from a nonresidential applicant as part of its application for service. A utility shall establish a written policy about when it will request credit information and what credit information it will request.

(f) A utility shall accept any of the following items as adequate initial identification data:

1. Federal employer identification number or proof that it has been applied for but not yet granted.

2. Wisconsin department of financial institutions identification number.

3. Wisconsin seller's permit identification number.

(g) A utility may refuse service for failure to provide any information specified in pars. (c) 1. to 7., or (f).

Note: See sub. (3) (a) about what can be required if an applicant refuses to provide the initial identification data under par. (b) 8.

(3) Identity verification. (a) A utility may require verification of the initial identification data of an applicant for nonresidential service under any of the following circumstances:

1. An applicant refuses to provide the information under sub. (2) (c), (e) or (f).

2. The utility finds, with reasonable certainty, that the information provided under sub. (2) (c), (e) or (f) is inadequate or falsified.

(b) A utility shall establish a written policy for when it will require verification of identity under this subsection.

(c) A utility shall accept any of the following items as adequate verification of identity:

1. State or federal income tax returns.

2. Internal Revenue Service letter assigning federal employer identification number.

3. Wisconsin seller's permit or department of revenue letter assigning a Wisconsin seller's permit identification number.

4. Business articles of incorporation, partnership agreement, limited liability company articles of organization, or similar organizational documents.

(d) A utility may refuse or disconnect service if it does not obtain adequate verification of identity.

(4) Processing applications and providing notice. (a) A utility shall approve or deny an application for service no later than 5 days after receipt of the information required under this section.

(b) A utility shall notify the applicant in writing within 5 days of the denial of application. A utility may notify an applicant verbally before written notification is sent. An application shall be considered denied when a service refusal has been finalized and no immediate conditions that could change that refusal remain. The notification shall include all of the following:

1. An explanation of why service is being refused.

2. The applicant's right to ask commission staff to review the refusal.

3. The commission's address, telephone number and web site.

Note: For example, if a utility has told a customer that it would supply service if the customer makes a payment, enters a deferred payment agreement or provides additional identity information under sub. (3), the refusal is still conditional and has not been finalized.

(c) If a third party applies for service, a utility shall send written notification of the application to the potential user's mailing address and the address for which service has been requested.

(d) If an applicant indicates that a third party is responsible for payment, a utility shall send written notification of the approval or denial of an application to both the third party and the applicant within 5 days of the application's approval or denial, although a utility may notify the third party and applicant before written confirmation is sent. If service is refused, the written notification shall include the information in par. (b) 1. to 3.

Section 9. PSC 185.33(18) and 185.37(2)(L) are repealed.

Section 10. PSC 185.37(2)(k) is amended to read:

PSC 185.37 (2) (k) Failure of an applicant for utility service to provide adequate verification of identity and residency, as provided in sub. (5) (a); the information or documentation required by ss. PSC 185.30 or 185.305.

Section 11. This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register as provided in s. 227.22(2) (intro.), Stats.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA 2049 (R 07/2011) ADMINISTRATIVE RULES FISCAL ESTIMATE AND ECONOMIC IMPACT ANALYSIS
Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
Administrative Rule Chapter, Title and Number
PSC Ch. 113, 134 and 185
Subject
Applications for Utility Service, Fair and Accurate Credit Transactions Act of 2003 (FACT)
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
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 Costs
The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers
Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
Policy Problem Addressed by the Rule
This rulemaking is intended to harmonize PSC regulations and federal law that requires utilities to take steps to prevent identity theft.
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)
Chapters PSC 113, 134, and 185 contain service rules for the electric, gas and water industries. Changes are being proposed to ensure that these rules do not interfere with a utility's ability to comply with FACT. The changes will allow a utility to refuse service if an applicant fails to provide adequate identity documentation, something that is not allowed under existing rules. Public utilities may incur some compliance costs updating their customer service policies. Comments from the water industry on the draft Economic Impact Analysis noted that requiring municipal water utilities to take applications for service from every new user of service would impose an economic hardship on those utilities that otherwise only require an application the first time service is established at a property. No dollar amounts were included and the impacts appear to be utility specific rather than on a specific sector or the economy as a whole. Utility specific impacts will be considered as part of the hearing process.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Implementing the new rule will allow public utilities to comply with their obligations under various provisions of FACT, the Fair Credit Reporting Act, 31 CFR 103.121, 16 CFR 614 and 681, and 31 CFR 103.121, which address identity theft risk identification and prevention. An alternative to the proposed rule would be to retain the current rules for applications for utility service. Current Commission rules, however, do not allow public utilities to request sufficient supporting documentation for new applicants under current federal law.
Long Range Implications of Implementing the Rule
None.
Compare With Approaches Being Used by Federal Government
This rule making is intended to harmonize PSC regulations and federal law that requires utilities to take steps to prevent identity theft.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Michigan allows utilities to request customer identification similar to the proposed rule (MI Admin. Rule 460.106). Illinois (see e.g. 83 Ill. Adm. Code 280.70), Minnesota and Iowa (see Iowa Admin. Code r. 199-19.4(16)) do not have administrative rules either allowing or prohibiting a utility to require an i.d. as a precondition for service, but each state requires utilities to comply with company specific tariffs when they review applications for service. Many of those tariffs allow utilities to require supporting documentation, including i.d.
Name and Phone Number of Contact Person
Lisa Farrell 608-267-9086

NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in sections 227.11 (2) (a) and 440.26 (2) (c) 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 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. As provided in section 227.24 (4) of the Statutes, this hearing will also be for emergency rules currently in effect that have identically created this SPS section.

The public hearing site is accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact the Rules Coordinator shown above.

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. All submittals must directed to Sam Rockweiler, Rules Coordinator, at sam.rockweiler@wi.gov; or 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 via telecommunications relay services at 711. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Copies of the proposed rules and the corresponding emergency rules 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.

Section 440.26 (2) (c), Stats.

Sections 227.11 (2) (a) and 440.26 (2) (c), Stats.

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.

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

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

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

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

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

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

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

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

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

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

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