CR_13-049 Revises sections PD 3.02 (1), 6.01, and 6.02 (1), relating creating a new "felony diversion" case category.

An example of the potential costs and savings compared to the current rule was provided by the Waukesha County Division of Planning and Zoning. Waukesha County issues approximately 281 permits per year for activities that involve either increasing or modifying the existing impervious surfaces within the shoreland zone. (Table 1) The county does not currently require permits for driveways or walkways, which under the current and proposed NR 115, Wis. Adm. Code, may require a permit. Therefore, utilizing 281 permits per year for comparative analysis is a conservative estimate of the potential workload and costs savings for the county. A random sample by Waukesha County of 41 shoreland properties revealed that none of the properties were below the existing impervious surface standard of 15%, approximately half of the properties were above 15% but below the current maximum impervious standard of 30% and the remaining half of the properties exceeded the maximum impervious surface standards. (Table 2) Extrapolating that data across the entire county suggests that any increases in impervious surfaces within the shoreland zone of Waukesha County will likely require permits and shoreland mitigation, or a variance.

The proposed rule would ease the administrative workload and costs for the county because most of the lakes and some of the rivers within Waukesha County would be considered highly developed shorelines. Thus the proposed changes to the impervious surface standards would reduce the number of administrative permits required with mitigation by 49%, because properties within highly developed shorelines that have less than 30% impervious surface on their lot would not be required to obtain a permit from the county or implement a shoreland mitigation plan. Further, the number of variances required for properties to exceed the maximum impervious surface standards would decrease at least 36% but could also decrease more if those properties could show that the impervious surfaces are draining away from the waterbody or are being treated by an engineered stormwater system.

Table 1. Waukesha County Shoreland
Permitting
Average number of annual permits 2006-2011

Activity	Average # Permits
New Homes	48
Remodel/Additions	120
Accessory Buildings	46
Decks/Patios	67
Total	281
*Note- Permits are not currently issued for driveways/walkways

Table 1. Waukesha County Average Percentage of
Impervious Surface for Riparian Lots

% Impervious Surface	# of Example Sites	% of Example Sites
0-15%	0 of 41	0%
>15-30%	20 of 41	49%
>30-40%	15 of 41	36%
>40-60%	6 of 41	15%

PART III

Long Range Implications of Implementing the Rule

Water Quality, Natural Scenic Beauty and Fish & Wildlife Habitat

The primary impacts to Wisconsin's lakes and rivers from the proposed rule language will result from the changes to the impervious surface limits, particularly the proposed increase in impervious surface limits for highly developed shorelines, and the proposed change that would allow lateral expansion of nonconforming structures within the setback. These proposed changes to the current rule will allow more development within the shoreland zone than what is currently allowed under NR 115, Wis. Adm. Code, which is likely have long range implications on the water quality, natural scenic beauty, and fish and wildlife habitat of Wisconsin's lakes and rivers.

Impervious surfaces and development within the shoreland zone impact water quality by increasing runoff and pollutant loading into the waterway, which can result in sedimentation, soil erosion, increases in water temperature, increases in phosphorous and algae in lakes and rivers. Impervious surfaces and development within the shoreland zone impact fish and wildlife habitat due to declines in water quality and elimination of shoreline and nearshore habitat by the removal of vegetation or sedimentation that covers important habitat. Numerous studies have shown that fish and amphibian species decline significantly as impervious surfaces and development increases within the shoreland zone. Additionally the diversity of species, including birds and aquatic insects, declines as development occurs. Most of the studies have found that when impervious surfaces exceed 12% within a watershed, that the fish and wildlife diversity declines sharply.

While some studies have shown that maintenance of a shoreland buffer and stormwater ponds may mitigate some of these impacts to fish and wildlife habitat, the studies agree that there are no longer detectable benefits once the impervious surfaces in the watershed exceed 30%. However, it is important to note that once impervious surfaces exceed 30% within the watershed, the impacts on water quality and fish and wildlife habitat begin to be marginalized over time. Consequently, those watersheds that already exceed 30% impervious are likely already experiencing impacts to water quality and fish and wildlife habitat, such that the proposed rule changes may not result in any further measurable impacts over time. Therefore, while the proposed changes to the impervious surface limits and the nonconforming structure standards may result in impacts to the shoreland zone over time, the impacts are expected to be larger for those watersheds that currently have a lower percentage of impervious surfaces or development, whereas the already highly developed watersheds in the state may not have any noticeable or significant changes in water quality or fish and wildlife habitat.

Although studies have shown the substantial benefits to water quality, habitat and natural scenic beauty from maintaining a shoreland buffer and limiting impervious surfaces within a watershed, there is insufficient data or robust models that can calculate the actual costs and dollar values. To calculate the costs of declining water quality, habitat, and natural scenic beauty, a model would need to determine people's willingness to pay via contingent valuation surveys of riparian property owners, recreational users of the waterways and passive users, who would enjoy the shoreland zone for the important functions it provides, such as bird habitat for bird watchers and ornithologists.

Counties & shoreland property owners

The long-term effects of the proposed rule revision for counties are reduced administrative costs and greater flexibility for administering a shoreland zoning ordinance as described above. Additionally shoreland property owners will benefit from the increased flexibility and decreased permit requirements when the property owner seeks to expand the impervious surfaces or a nonconforming principal structure. Shoreland property owners enjoy many benefits from higher water quality, including improved fishing and wildlife viewing, opportunities to recreate in clear water, and increased enjoyment of natural beauty. Consequently, property owners may also experience costs from the proposed rule revisions in the form of decreased property value as a result of additional development.

A number of different studies have estimated the effects of increased water clarity (Secchi measurements) on property values. These studies used hedonic pricing models to examine the change in property values occurring over time. Studies, particularly those in Wisconsin, have found a change of $7,894 to $17,892 in property value for an increase in water clarity of one meter in depth. Lower valued properties would probably experience less of a change than higher valued properties. Therefore, if the proposed rules allow for additional development within the shoreland zone and if some waterbodies experience a decline in water quality over time, it is reasonable to conclude that the proposed rule language may have a negative impact on property values over time. However, it is difficult to estimate the potential impacts to property value, in large part because it will depend upon many variables, including the degree of impacts, the real estate market and the type of waterbody.

PART IV

Compare with Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)

Minnesota and Wisconsin have considerable inland water resources and have developed shoreland zoning standards with similar goals and standards for development. Other neighboring states to Wisconsin lie within a different ecological landscape and contain few inland water resources. The approaches to shoreland zones taken by other neighboring states have less in common than Minnesota and Wisconsin and in general offer fewer protections for the shoreland zones.

Minnesota

The State of Minnesota has a shoreland program that is also being revised. The Minnesota DNR's website states that an increase in development pressure around lakes and rivers has raised concerns about water quality and impacts on lake use, therefore resulting in the need to review current shoreland minimum standards in the state. Minnesota bases their shoreland program on statewide classification of all surface waters based on size and shape, amount and type of existing development, road and service accessibility, existing natural character of the water and other parameters. Waterbodies are classified as natural environment lakes, recreational development lakes, general development lakes, remote river segments and forested rivers. Each class has specific standards associated with the shoreland ordinance including building setbacks, lot sizes and widths, bluff impact zones, slope requirements, impervious surface limits and others. The state has a somewhat similar standards in treatment of nonconforming structures and limits impervious surfaces to 20%, which is a lower limit than Wisconsin's current rule and would be significantly less than the proposed highly developed shoreline standard in the proposed rule.

Michigan

The State of Michigan has a wild and scenic rivers protection program to provide special protection to designated rivers. This program is managed similarly to other wild and scenic river protection programs nationwide. The protection standards are outlined in Natural River Zoning Rule 281 which outlines standards for river setbacks, minimum lot widths, special vegetation management standards, and nonconforming structure improvements. The program applies only to wild and scenic rivers. Inland lakes or rivers that are not designated are not protected under the program. Additional activities that may have potential impacts to the public trust or riparian rights, or that may impair or destroy the waters or other natural resources of the state, including inland lakes and streams, the Great Lakes, wetlands, and groundwater, are regulated by the Department of Environmental Quality.

Illinois

The State of Illinois regulates inland waters through an administrative code detailing conservation measures for public waters. The purpose of the program is to protect the public's interests, rights, safety and welfare in the State's public bodies of water. More specifically, construction is regulated to prevent obstruction to, or interference with, the navigability of any public body of water; encroachment on any public body of water; and impairment of the rights, interests or uses of the public in any public body of water or in the natural resources thereof. Illinois does not have a specific program for shoreland management or shoreland ordinance requirements.

Indiana

The state of Indiana regulates lake-side construction activities and provides standards for the activities along and within public freshwater lakes. The state also has standards for nonconforming uses and nuisances including the removal of a lawful nonconforming use if the structure or facility affects public safety, natural resources, natural scenic beauty or the water level of a public freshwater lake. Indiana does not have a specific program for shoreland management or shoreland ordinance requirements.

Iowa

The state of Iowa has an integrated watershed management and surface water regulation program which includes motor regulations and slow-no-wake areas to reduce shore erosion and an invasive species program to help safeguard the biological integrity of the lakes and river systems in Iowa. Iowa does not have a specific program for shoreland management or shoreland ordinance requirements. Most of Iowa's environmental programs are directly mandated by the federal government and required components of Environmental Protection or Federal Emergency Management Agency programs.

Notice of Hearing

Public Defender

CR 13-049

NOTICE IS HEREBY GIVEN that pursuant to ss. 977.02 (3) (a) and (4m) , 977.075 , and 277.11 (2) , Stats., the State Public Defender (SPD) will hold a public hearing to consider adopting proposed permanent rules to revise ss. PD 3.02 (1) , 6.01 , and 6.02 (1) relating to a new case category of felony diversion.

Hearing Information

Date: Monday, July 29, 2013
Time: 10:00 a.m.
Location: Office of the State Public Defender
315 N. Henry Street, 2nd Floor
Madison, WI 53703

If you have special needs or circumstances regarding communication or accessibility at a hearing, please call (608) 261-0633 at least 10 days prior to the hearing date.

Copies of Proposed Rules, Fiscal Estimate, and Economic Impact Analysis

You may obtain a free copy of the rules, fiscal estimates, and economic impact analysis by contacting the Office of the State Public Defender, Attn: Devon Lee, 315 N. Henry Street, 2 nd Floor, Madison, WI 53703. You can also obtain a free copy by calling (608) 261-0633 or e-mailing leede@opd.wi.gov .

Place Where Comments Are to Be Submitted and Deadline for Submission

Written comments on the proposed rules may be submitted no later than August 1, 2013 , and can be faxed to (608) 267-0584 to the attention of Devon Lee, emailed to leede@opd.wi.gov , or mailed to the attention of Devon Lee at the Office of the State Public Defender, 315 N. Henry Street, 2 nd Floor, Madison, WI 53703.

Analysis Prepared by the Office of the State Public Defender

Statutes interpreted

Sections 977.02 (3) (a) and (4m) and 977.075 , Stats.

Statutory authority

Sections 977.02 (3) (a) and (4m) and 977.075 , Stats.

Agency authority

Section 977.02 (3) (a) , Stats., requires the public defender board to consider the anticipated costs of effective representation for the type of case in which the person seeks representation. Section 977.02 (4m) , Stats., requires the state public defender board to promulgate rules for payments to the state public defender under s. 977.075 , Stats. Section 977.075 , Stats., requires the state public defender board to establish by rule a fee schedule that sets the amount that a client responsible for payment shall pay for the cost of the legal representation if the client does not pay the applicable discount fee.

Related statutes or rules

None.

Plain language analysis

This proposed rule will revise three sections of the PD administrative code to include a new "felony diversion" case category. This proposed case category will apply to cases in which the SPD and the prosecutor negotiate felony diversion agreements as an alternative to the filing of formal criminal charges.

SPD case categories reflect the anticipated cost of retained counsel and set the required payment amounts for legal representation. The proposed rule adds the felony diversion case category to three schedules: cost of retained counsel, s. PD 3.02 (1) ; payment for legal representation, s. PD 6.01 ; and discount option, s. PD 6.02 (1) . The SPD currently provides representation in diversion cases within the case category of "special proceedings." The new felony diversion case category will more accurately reflect the amount of time attorneys spend when representing clients in felony diversion cases.

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

There are no existing or proposed federal regulations that address the activities of the proposed rules.

Comparison with rules in adjacent states

Adjacent states (Illinois, Iowa, Michigan, and Minnesota) generally require defendants to reimburse the state or county for the cost of public counsel. Those states do not have rules like Wisconsin regarding the cost of retained counsel, payment for legal representation, and discount options for particular case types.

Summary of factual data and analytical methodologies

None.

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

The rule will require individuals who are represented in felony diversion cases to pay $240 toward the cost of their representation, which is lower than for other felony cases. Clients also have the option to pay a lower discount amount of $60 as provided in s. PD 6.02 (1) . As this rule would impact only individual clients of the SPD, there is no anticipated economic impact of implementing the rule.

Effect on Small Business

None.

Agency Contact Person

Devon Lee, leede@opd.wi.gov or (608) 261-0633

Office of the State Public Defender

315 N. Henry Street, 2 nd Floor

Madison, WI 53703.

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
Administrative Rule Chapter PD 3, Indigency Criteria, s. 3.02. Administrative Rule Chapter PD 6, Payment for State Public Defender Representation, ss. 6.01 and 6.02.
Subject
Creation of Felony Diversion case category.
Fund Sources Affected			Chapter 20 , Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S			None
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
The anticipated cost of counsel reflects the likely cost for a prospective client to hire a private attorney. The SPD includes this amount in its determination of an applicant's financial eligibility for SPD services. The required payment for legal representation reflects the average attorney costs for the SPD in the respective case categories. A new felony diversion case category will more accurately reflect the amount of time attorneys spend when representing clients in felony diversion cases.
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 has no economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole. There are no implementation or compliance costs.
Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
A new felony diversion case category will more accurately reflect the amount of time attorneys spend when representing clients in felony diversion cases. The rule will require individuals who are represented in felony diversion cases to pay $240 toward the cost of their representation, which is lower than for other felony cases. This increased cost reflects the significant time attorneys invest in felony diversion cases. Clients also have the option to pay a lower discount amount of $60 as provided in PD s. 6.02 (1).
Long Range Implications of Implementing the Rule
There are no long range implications of implementing the rule.
Compare With Approaches Being Used by Federal Government
The case categories used by the office of the state public defender are unique to the SPD and have no federal equivalent.
Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Neither Illinois nor Michigan has a statewide public defender system. In Iowa, courts order defendants to repay the costs for a public defender to the extent they are able. In Minnesota, courts may require a defendant to reimburse the state for legal fees.
Name and Phone Number of Contact Person
Devon M. Lee Legal Counsel WI State Public Defender (608) 261-0633

Notice of Hearing

Public Service Commission

CR 13-048

(PSC Docket # 1-AC-229)

The Public Service Commission of Wisconsin proposes an order to repeal ss. PSC 113.0301 (1m) (j) and (3) , 113.0406 (7) , 134.062 (2) , 134.063 (1) (L) , 134.13 (7) , 185.33 (18) , and 185.37 (2) (L) ; to amend ss. PSC 113.0301 (1m) (i) , 134.062 (1) (k) , and 185.37 (2) (k) ; and to create ss. PSC 113.0408 , 113.0409 , 134.051 , 134.053 , 185.30 , and 185.305 , relating to applications for service and the Fair and Accurate Credit Transactions Act.

Hearing Information

Pursuant to s. 227.16 (2) (b) , Stats., the commission will hold a public hearing on these proposed rules.

Date: Monday, July 29, 2013
Time: 10:00 a.m.
Location: Amnicon Falls Hearing Room
Public Service Commission Building
610 North Whitney Way
Madison, Wisconsin

This building is accessible to people in wheelchairs through the Whitney Way (lobby) entrance. Handicapped parking is available on the south side of the building.

The commission does not discriminate on the basis of disability in the provision of programs, services, or employment. Any person with a disability who needs accommodations to participate in this proceeding or who needs to get this document in a different format should contact Justin Chasco, as indicated in the previous paragraph, as soon as possible.

Written Comments

Any person may submit written comments on these proposed rules. The hearing record will be open for written comments from the public, effective immediately, and until Monday, August 12, 2013 at noon . All written comments must include a reference on the filing to docket 1-AC-229. File by one mode only.

Industry : File comments using the Electronic Regulatory Filing system. This may be accessed from the commission's web site ( psc.wi.gov ).

Members of the Public : Please submit your comments in one of the following ways:

• Electronic Comment. Go to the commission's web site at http://psc.wi.gov , and click on the "ERF - Electronic Regulatory Filing" graphic on the side menu bar. On the next page, click on "Need Help?" in the side menu bar for instructions on how to upload a document.

• Web Comment . Go to the commission's web site at http://psc.wi.gov , click on the "Public Comments" button on the side menu bar. On the next page select the "File a comment" link that appears for docket number 1-AC-229.

• Mail Comment. All comments submitted by U.S. Mail must include the phrase "Docket 1-AC-229 Comments" in the heading, and shall be addressed to:

Sandra J. Paske, Secretary to the Commission

Public Service Commission

P.O. Box 7854

Madison, WI 53707-7854

The commission does not accept comments submitted via e-mail or facsimile (fax). Any material submitted to the commission is a public record and may appear on the commission's web site. Only one comment may be submitted per person during a comment period. The commission may reject a comment that does not comply with the requirements described in this notice.

Analysis Prepared by the Public Service Commission of Wisconsin

Statutory authority and explanation of authority

This rule is authorized under ss. 196.02 (1) and (3) , 196.745 (1) (a) , and 227.11 , Stats.

Section 227.11 , Stats., authorizes agencies to promulgate administrative rules. Section 196.02 (1) , Stats., authorizes the commission to do all things necessary and convenient to its jurisdiction. Section 196.02 (3) , Stats., grants the commission specific authority to promulgate rules. Section 196.745 (1) (a) , Stats., grants the commission specific authority to adopt rules requiring that the construction and operation of gas facilities be done in a reasonably adequate and safe manner.

Statutes interpreted

Section 196.02 (1) , Stats., authorizes the commission to do all things necessary and convenient to its jurisdiction. Section 196.03 (1) Stats., requires public utilities to furnish adequate service. Section 196.37 (2) , Stats., requires utility practices and services to be reasonable.

Related statutes or rules

Chapters PSC 113 , 134 , and 185 , which contain the commission's rules for the provision of service by electric utilities, standards for gas service and standards for water public utility service.

Brief summary of rule

This rule is intended to harmonize the requirements of the Fair Credit Reporting Act with the commission's administrative rules on the provision of service by utilities. Specifically, the rule requires public utilities in Wisconsin to take steps to identify and mitigate identity theft risks by verifying the identity of applicants for service as required by the FACT rules. Many Wisconsin utilities already use procedures consistent with the requirements of this rule. This rule permits utilities to require an applicant for service to provide initial identifying information. If an applicant for service refuses to provide identifying information or provides inadequate identifying information, the rule permits utilities to require additional identifying information as a pre-condition for establishing service. If an applicant for service fails to provide identifying information, the utility may refuse to provide service to the applicant.

Comparison with existing or proposed federal regulations

The Fair and Accurate Credit Transactions Act 1 (FACT) included a number of changes to the Fair Credit Reporting Act 2 . Many of these changes addressed identity theft risks and plans that companies must develop to ensure the identity of those who already have accounts, or who open new accounts, with the company. This rule is intended to harmonize the requirements of the federal government and the commission with regard to identity theft risks.

1 Pub. L. No. 108-159, 117 Stat. 1952.

2 15 U.S.C. 1681 .

Comparison with similar rules in adjacent states

Michigan permits utilities to request customer identification similar to this 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 identification as a pre-condition 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 identification.

Effect on Small Business

This rule has no effect on small businesses since these utilities, as monopolies and unlike small businesses, are all dominant in their field. Further, these rules primarily harmonize the commission's rules on the provision of utility service with federal regulations.

Initial Regulatory Flexibility Analysis

This rulemaking will not have an effect on small business.

Contact Person

Questions regarding this matter should be directed to Justin Chasco at (608) 266-3708 or justin.chasco@wisconsin.gov . Small business questions may be directed to Anne Vandervort, Gas and Energy Division, at (608) 266-5814, or anne.vandervort@wisconsin.gov ; Gary Evenson, Telecommunications Division, at (608) 266-6744, or gary.evenson@wisconsin.gov ; or Denise Schmidt, Water Division, at (608) 266-1282 or denise.schmidt@ wisconsin.gov . Media questions should be directed to Nathan Conrad, Communications Director, at (608) 266-9600. Hearing- or speech-impaired individuals may also use the commission's TTY number: If calling from Wisconsin, (800) 251-8345; if calling from outside Wisconsin, (608) 267-1479.

Text of the Rules

Section 1. PSC 113.0301 (1m) (i) is amended to read:

PSC 113.0301 (1m) (i) Failure of an applicant for utility service to provide adequate verification of identity and residency, as provided in sub.(3) to provide information or documentation required by s. PSC 113.0306 .

Section 2 . PSC 113.0301 (1m) (j) and (3) are repealed.

Section 3. PSC 113.0406 (7) is repealed.

Section 4. PSC 113.0408 and 113.0409 are created to read:

PSC 113.0408 Application for residential 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 residential user of electric service shall apply for service.

(b) A utility may require a verbal or written application for residential 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) 1. Except as provided in par. (d), a utility may only require that an applicant provide the following information in an application:

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

b. If the user of service and person responsible for bill payment have telephone service, the telephone number of the user of service and the person responsible for bill payment, if different than the user. Lack of telephone service is not grounds for service refusal.

c. Address where service is to be provided.

d. Mailing address if different from service address.

e. Date requested for service to begin.

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

g. Initial identification data under subd. 2.

2. A utility shall accept any of the following items as adequate initial identification data:

a. Driver's license number.

b. State identification card number.

c. Passport number.

d. Social security number.

3. If a utility requests the initial identification data under subd. 2., it shall inform the applicant of all acceptable forms of initial identification data and allow the applicant to choose which the applicant wishes to provide.

(d) If a utility determines that an applicant's response under par. (c) 1.a. to f. indicates that additional information is necessary to further evaluate the applicant's credit history or identity, the utility may require the applicant's addresses for the past 6 years as part of its application for service. Each utility shall establish a written policy for requesting the application information under this paragraph.

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

(f) A utility may refuse service for failure to provide any information specified in par. (c) 1.a., c., e. to h., or par. (d).

Note : See sub. (3) (a) about what can be required if an applicant refuses to provide the initial identification data under s. 113.0408(2)(c)1.g.

(3) Identity and residency verification. (a) A utility may require verification of the initial identification data or the residency, or both, of the person responsible for bill payment under any of the following circumstances:

1. The application is for service at a premises where a bill remains unpaid for service provided within the previous 24 months.

2. The person responsible for bill payment has an outstanding bill with the utility but claims that the bill was accrued in the person's name as a result of identity theft.

3. The applicant fails to provide the initial identification data under sub. (2) (c) 1. g. or the utility finds, with reasonable certainty, that the initial identification information is inaccurate.

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

1. Any one of the following items:

a. Valid driver's license or other photo identification issued by a state, U.S., or tribal governmental entity.

b. Valid U.S. military or military dependent identification card.

c. Valid passport.

2. Any two of the following items:

a. Social security card.

b. Certified copy of a marriage certificate.

c. Certified copy of a judgment of divorce or legal separation.

d. Military discharge papers, including federal form DD-214.

e. Valid student identification card with the applicant's photo.

f. Current employee photo identification card that includes information, such as the employer's telephone number or address, which can be used for verification purposes.

g. Letter of identification from a social service agency or employer that includes information, such as the agency or employer's telephone number or address, which can be used for verification purposes.

(d) 1. A utility shall accept any one of the following items as adequate verification of an applicant's residency:

a. Current utility bill.

b. Current financial institution statement.

c. Rental agreement.

d. Documents indicating home purchase.

e. Current paycheck or pay stub showing the applicant's name and address, and the employer's name.

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 sub. (3)(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 113.0409 Application for commercial and farm 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 electric service shall apply for service in a form specified by the utility.

(b) A utility may require a verbal or written application for commercial or farm 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

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 commercial or farm 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 commercial or farm 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.

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.

Section 5. PSC 134.051 and 134.053 are created to read:

PSC 134.051 Application for residential 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 residential user of gas service shall apply for service.

(c) 1. Except as provided in par. (d), a utility may only require that an applicant provide the following information in an application:

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

c. Address where service is to be provided.

d. Mailing address if different from service address.

e. Date requested for service to begin.

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

g. Initial identification data under subd. 2.

2. A utility shall accept any of the following items as adequate initial identification data:

a. Driver's license number.

b. State identification card number.

c. Passport number.

d. Social security number.

Note: Also see s. PSC 134.061 , which allows a request for a deposit if an applicant has an outstanding account balance that accrued within the last 6 years.

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

(f) A utility may refuse service for failure to provide any information specified in par. (c) 1.a., c., e. to h. or par. (d).

Note: See sub. (3) (a) about what can be required if an applicant refuses to provide the initial identification data under s. PSC 134.051 (1) (c) 1. g.

1. The application is for service at a premises where a bill remains unpaid for service provided within the previous 24 months.

2. The person responsible for bill payment has an outstanding bill with the utility but claims that the bill was accrued in the person's name as a result of identity theft.

3. The applicant fails to provide the initial identification data under sub. (2) (c) 1. g. or the utility finds, with reasonable certainty, that the initial identification information is inaccurate.

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

1. Any one of the following items:

a. Valid driver's license or other photo identification issued by a state, U.S., or tribal governmental entity.

b. Valid U.S. military or military dependent identification card.

c. Valid passport.

2. Any two of the following items:

a. Social security card.

b. Certified copy of a marriage certificate.

c. Certified copy of a judgment of divorce or legal separation.

d. Military discharge papers, including federal form DD-214.

e. Valid student identification card with the applicant's photo.

f. Current employee photo identification card that includes information, such as the employer's telephone number or address, which can be used for verification purposes.

(d) 1. A utility shall accept any one of the following items as adequate verification of an applicant's residency:

a. Current utility bill.

b. Current financial institution statement.

c. Rental agreement.

d. Documents indicating home purchase.

e. Current paycheck or pay stub showing the applicant's name and address, and the employer's name.

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

(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.

(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.

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.

PSC 134.053 Application for commercial and farm 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 gas service shall apply for service in a form specified by the utility.

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.

(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 commercial or farm 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.

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.

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.

Section 6 . PSC 134.062(1)(k) is amended to read:

PSC 134.062 (1) (k) Failure of an applicant for utility service to provide adequate verification of identity and residency, as provided in sub. (2) information or documentation required by s. PSC 134.051 .

Section 7. PSC 134.062 (2), 134.063 (1) (L) and 134.13 (7) are repealed.

Section 8. PSC 185.30 and 185.305 are created to read:

PSC 185.30 Application for residential and multifamily 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 residential or multifamily user of water service shall apply for service.

(c) 1. Except as provided in par. (d), a utility may only require that an applicant provide the following information in an application:

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

c. Address where service is to be provided.

d. Mailing address if different from service address.

e. Date requested for service to begin.

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

g. Initial identification data under subd. 2.

2. A utility shall accept any of the following items as adequate initial identification data:

a. Driver's license number.

b. State identification card number.

c. Passport number.

d. Social security number.

Note: Also see s. PSC 185.36 , which allows a request for a deposit if an applicant has an outstanding account balance that accrued within the last 6 years.

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

(f) A utility may refuse service for failure to provide any information specified in par. (c) 1.a., c., e. and f. or par. (d).

Note: See sub. (3) (a) about what can be required if an applicant refuses to provide the initial identification data under s. PSC 185.30 (1) (c) 1. g.

1. The application is for service at a premises where a bill remains unpaid for service provided within the previous 24 months.

2. The person responsible for bill payment has an outstanding bill with the utility but claims that the bill was accrued in the person's name as a result of identity theft.

3. The applicant fails to provide the initial identification data under sub. (2) (c) 1. g. or the utility finds, with reasonable certainty, that the initial identification information is inaccurate.

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

1. Any one of the following items:

a. Valid driver's license or other photo identification issued by a state, U.S., or tribal governmental entity.

b. Valid U.S. military or military dependent identification card.

c. Valid passport.

2. Any two of the following items:

a. Social security card.

b. Certified copy of a marriage certificate.

c. Certified copy of a judgment of divorce or legal separation.

d. Military discharge papers, including federal form DD-214.

e. Valid student identification card with the applicant's photo.

f. Current employee photo identification card that includes information, such as the employer's telephone number or address, which can be used for verification purposes.

(d) 1. A utility shall accept any one of the following items as adequate verification of an applicant's residency:

a. Current utility bill.

b. Current financial institution statement.

c. Rental agreement.

d. Documents indicating home purchase.

e. Current paycheck or pay stub showing the applicant's name and address, and the employer's name.

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

(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.

(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.

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.

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

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.

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.

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.

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 of Hearing

Safety and Professional Services

Professional Services, Chs. 1—299

EmR1308 , CR 13-047

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.

Hearing Information

Date: Tuesday, August 6, 2013
Time: 1:00 p.m.
Location: 1400 East Washington Avenue
Room 121 C
Madison, Wisconsin

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.

Submittal of Written Comments

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 Rule

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 .

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 440.26 (2) (c) , Stats.

Statutory authority

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

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.

Related statute or rule

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.

Plain language analysis

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.

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

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

Comparison with rules in adjacent 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.

Summary of factual data and analytical methodologies

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

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

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

Fiscal Estimate and Economic Impact Analysis

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

Effect on Small Business

These proposed rules do not have an economic impact on small businesses, as defined in section 227.114 (1) of the Statutes. The Department's Regulatory Review Coordinator may be contacted by email at greg.gasper@wi.gov , or by calling (608) 266-8608.

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 by telephone at (608) 266-0797; or by e-mail at sam.rockweiler@wi.gov , or by telecommunications relay services at 711.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: (608) 267-0372
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
SPS 34 – Firearms and Other Dangerous Weapons, Section 34.04 (2) (a) 4.
3. Subject
Training of Firearms Instructors for Private Security Personnel and Private Detectives
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
9. Policy Problem Addressed by the Rule
The current rules do not accept schools in the Wisconsin Technical College System nor other institutions approved by the U.S. Department of Education for providing training to individuals seeking the Department's approval to be firearms-proficiency certifiers for private detectives, private investigators or special investigators, and private security personnel.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The proposed rule revisions do not apply directly to businesses. They apply instead to schools in the Wisconsin technical college system and to institutions approved by the U.S. Department of Education that choose to train and certify or approve firearms instructors.
11. Identify the local governmental units that participated in the development of this EIA.
None.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The proposed rule revisions do not apply directly to businesses. They apply instead to schools in the Wisconsin technical college system and to institutions approved by the U.S. Department of Education that choose to train and certify or approve firearms instructors.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Schools in the Wisconsin Technical College System and other institutions approved by the U.S. Department of Education could provide training to individuals seeking the Department's approval to be firearms-proficiency certifiers for private detectives, private investigators or special investigators, and private security personnel.
14. Long Range Implications of Implementing the Rule
More schools could offer the required training, and the trainees could have more trainer choices to pick from.
15. Compare With Approaches Being Used by Federal Government
The federal government does not regulate training or approval of firearms instructors in the states.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
See detailed comparison in the rule analysis that accompanies the proposed rule revisions.
17. Contact Name				18. Contact Phone Number
Sam Rockweiler				608-266-0797

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

Notice of Hearing

Safety and Professional Services

Plumbing, Chs. 381—387

CR 13-046

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

Hearing Information

Date: Monday, July 29, 2013
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 N. Dickenson St.)
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 by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, WI 53708-8935. Written comments must be received at or before the public hearing to be included in the record of rule-making proceedings.

Place where Comments Are to be Submitted and Deadline for Submission

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

Copies of Rule

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

Analysis prepared by the Department of Safety and Professional Services

Statutes interpreted

Sections 145.02 and 145.13 , Stats.

Statutory authority

Section 227.11 (2) , Stats.

Explanation of agency authority

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

Chapters SPS 381 to 387 .

Plain language analysis

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

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

None.

Comparison with rules in adjacent states

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

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

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

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

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

Summary of factual data and analytical methodologies

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

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

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

Fiscal Estimate and Economic Impact Analysis

See attached.

Effect on Small Business

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

Agency Contact Person

Jean MacCubbin, Program Manager, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708; telephone (608) 266-0955 or Contact Through Relay; email at jean.maccubbin@wisconsin.gov .

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: (608) 267-0372
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Chapter SPS 382, Design, Construction, Installation, Supervision, Maintenance and Inspection of Plumbing, specifically ss. SPS 382.20 (2) (a) and SPS 382.40 (6) (a).
3. Subject
Plumbing plan review by municipal agents.
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED ⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S			S. 20.165 (2) (a), Stats.
6. Fiscal Effect of Implementing the Rule
X No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		⍽ Increase Costs ⍽ Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy X Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes ⍽ No
9. Policy Problem Addressed by the Rule
The requirement of employing two full-time plumbing inspectors for the granting of municipal agent status would no longer be required. Municipal agents would be allowed flexibility in utilizing staff to conduct this review service based on local need.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments. Local governmental units, specifically cites of the 2 nd class.
11. Identify the local governmental units that participated in the development of this EIA.
The department solicited input via the EIA Notification; no units of government responded.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
Local governmental units could now request agent status for plumbing plan review without employing two full-time plumbing inspectors. Additional revenues could result from conducting this service at the local level.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The department would be in the position to authorize more municipalities agent status to conduct plumbing plan review. The department would have the opportunity to streamline internal processes and provide a shortened plumbing plan review turn-around time, while balancing staffing levels with demand for services.
14. Long Range Implications of Implementing the Rule
The department will have the opportunity to balance staffing levels with demand for plumbing plan review services.
15. Compare With Approaches Being Used by Federal Government
None known.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
An Internet-based search shows that, with the exception of Michigan, the adjoining states confer plan review authority upon the local units of government; no rules or laws were found stipulating staffing levels for the granting of such authority or status.
17. Contact Name				18. Contact Phone Number
Jean MacCubbin				(608) 266-0955

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

Notice of Hearing

Safety and Professional Services —
Podiatry Affiliated Credentialing Board

CR 12-047

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

Hearing Information

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

Date: Tuesday, July 30, 2013
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 N. Dickenson St.)
Room 121C
Madison, Wisconsin

Appearances at the Hearing

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

Copies of Proposed Rule, Fiscal Estimate, and Economic Impact Analysis

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

Place Where Comments are to be Submitted and Deadline for Submission

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

Analysis Prepared by the Department of Safety and Professional Services

Statutes interpreted

Section 448.63 (3) , Stats.

Statutory authority

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

Explanation of agency authority

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

Related statute or rule

Wis. Admin. Code Chapters Pod 1 and Pod 3 .

Plain language analysis

The proposed rule will address two issues: license holders having to reapply for a temporary license half way through their post graduate training and the requirements for licensees seeking first time renewal. By changing the duration of the temporary license from 1 year to 2 years, the proposed rule eliminates the need for temporary licensees to reapply for licensure while they are completing their post graduate training. As to the second issue, the proposed rule allows first time renewal applicants to use proof of graduation from a school of podiatric medicine to comply with the 50 requisite continuing education hours currently required by rule. This alleviates the burden on new licensees who's first time renewal occurs towards the end of a renewal period.

SECTION 1. amends the provision governing the duration of temporary licensure changing the requirement from1 year to 2 years.

SECTION 2. creates a provision for accepting proof that the podiatrist graduated from a school of podiatric medicine.

SECTION 3. creates a provision accepting a certified copy of an official transcript or a certified copy of a diploma from a school of podiatric medicine and surgery to verify, when audited, compliance with the continuing education requirement.

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

None.

Comparison with rules in adjacent states

Illinois: A temporary license is valid for one year. 68 Ill. Adm. Code 1360.65(b) (2012) A renewal applicant is not required to comply with continuing education requirements for his/her first renewal. 68 Ill. Adm. Code 1360.70(a)(3) (2012)

Iowa: A temporary license is valid for one year. 645 IAC 220.6(149)(1) (2012)

First time licensees are not required to complete continuing education requirements for their first renewal period. 645 IAC 222.2(149,272C)(2) (2012)

Michigan: There is no language stating the duration for a temporary license. MICH. ADMIN. CODE R 338.8109 (2012) The Administrative code is silent with regards to the continuing education requirements for a first renewal. MICH. ADMIN. CODE R 338.3703 (2012)

Minnesota: A temporary permit is valid for 12 months, starting on the first day of graduate training. Minn. R. 6900.0160 Subp. 2. (2011) The continuing education requirement for a first renewal is not entirely waived, but rather the hours are prorated according to how long the applicant has had his/her license. Minn. R. 6900.0300 Subp.1a. (2011)

Summary of factual data and analytical methodologies

The Podiatrists Affiliated Credentialing Board reviewed the pertinent rules and determined that s. Pod 1.08 (5) should be revised to address the issue of podiatric temporary license holders reapplying for a temporary license half way through their required 2-year post graduate training. The issue is resolved by these proposed rules by changing the duration of temporary licensure from1 year to 2 years. There was also a need to resolve the issue of licensees who are first time renewals seeking to fulfill their 50 hours of continuing education. These proposed rules will allow applicants, in the first year of their renewal period, to satisfy the continuing education requirement with approved verified documentary evidence of graduation from a school of podiatric medicine and surgery such as a verified copy of the diploma conferring the degree of doctor of podiatric medicine. The Board ensures the accuracy, integrity, objectivity and consistency of the data used in preparing the proposed rule and related analysis.

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

This rule has no impact on small business.

Anticipated costs incurred by private sector

The department finds that this rule has no significant fiscal effect on the private sector.

Fiscal Estimate and EIA

The Fiscal Estimate and Economic Impact Analysis are attached.

Effect on Small Business

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 jeffrey.weigand@wisconsin.gov , or by calling (608) 267-9794.

Agency Contact Person

Shawn Leatherwood, Department of Safety and Professional Services, 1400 East Washington Avenue, Room 116, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0495; email at shancethea.leatherwood@ wisconsin.gov .

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: (608) 267-0372
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis


1. Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
Sections Pod 1.08 (5), Pod 3.02 (4), Pod 3.03 (3)
3. Subject
Temporary licenses and continuing education
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR ⍽ FED X PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
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
The Podiatry Affiliated Credentialing Board reviewed the pertinent rules and determined that s. Pod 1.08 (5) should be revised to address the issue of podiatric temporary license holders having to reapply for a temporary license half way through their required 2-year post graduate training. The issue is resolved by these proposed rules by changing the duration of temporary licensure from 1 year to 2 years. There was also a need to resolve the issue of new licensees undertaking their first renewal. The problem was new licensees would not have enough time to fulfill their 50 hours of continuing education if they had received their license towards the end of the renewal period. These proposed rules will allow new licensees to satisfy the continuing education requirement by providing approved verified documentary evidence of graduation from a school of podiatric medicine and surgery such as a verified copy of the diploma conferring the degree of doctorate of podiatric medicine.
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.
N/A
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 rule will have no 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
Pursuant to Wis. Stat. s. 448.63, persons seeking licensure as a podiatrists in Wisconsin must complete 2 years of post graduate training. A temporary educational license allows individuals currently participating in postgraduate training to practice podiatric medicine. However, per Wis. Admin. Code section POD 1.08 (5), a temporary educational license is only one year. By changing the duration of the temporary educational license from 1 year to 2 years, applicants would be allowed to complete the required post graduate training without interruption of licensure.
14. Long Range Implications of Implementing the Rule
There are no long range implications of implementing this rule.
15. Compare With Approaches Being Used by Federal Government
There are no comparable federal rules specifically regarding temporary licenses and continuing education requirements.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
Illinois: A temporary license is valid for one year. 68 Ill. Adm. Code 1360.65(b) (2012) A renewal applicant is not required to comply with continuing education requirements for his/her first renewal. 68 Ill. Adm. Code 1360.70(a)(3) (2012) Iowa: A temporary license is valid for one year. 645 IAC 220.6(149)(1) (2012) First time licensees are not required to complete continuing education requirements for their first renewal period. 645 IAC 222.2(149,272C)(2) (2012) Michigan: There is no language stating the duration for a temporary license. MICH. ADMIN. CODE R 338.8109 (2012) The Administrative code is silent with regards to the continuing education requirements for a first renewal. MICH. ADMIN. CODE R 338.3703 (2012) Minnesota: A temporary permit is valid for 12 months, starting on the first day of graduate training. Minn. R. 6900.0160 Subp. 2. (2011) The continuing education requirement for a first renewal is not entirely waived, but rather the hours are prorated according to how long the applicant has had his/her license. Minn. R. 6900.0300 Subp.1a. (2011)
17. Contact Name				18. Contact Phone Number
Shawn Leatherwood				608-261-4438

Notice of Hearing

Technical College System Board

CR 13-050

NOTICE IS HEREBY GIVEN that pursuant to s. 38.04 , Stats., and interpreting s. 38.04 (10) , Stats., the Wisconsin Technical College System Board will hold a public hearing to consider revision of rules to amend Chapter TCS 5 , relating to Facility Development Procedures.

Hearing Information

Date: Thursday, August 1, 2013
Time: 10:00 a.m.
Location: Wisconsin Technical College System Office
4622 University Avenue, Board Room
Madison, WI

It is the policy of the Wisconsin Technical College System Board (WTCSB) to provide accommodations to persons with disabilities, which may affect their ability to access or participate in WTCS activities. Persons may request assistance or reasonable accommodations for the schedule public hearing by contacting Jim Zylstra at (608) 266-1739.

Place where Comments Are to be Submitted and Deadline for Submission

Comments will be accepted by the agency contact person listed above until 4:00 p.m. on August 1, 2013. People submitting comments will not receive individual responses.

Analysis Prepared by the Wisconsin Technical College System Board

Statutes interpreted

Wis. Stats. s. 38.04 (10) .

Statutory authority

Wis. Stats. s. 38.04 (10) .

Explanation of agency authority

Wis. Stats. s. 38.04 (10) states that the technical college system board shall review and approve any proposals by district boards for land acquisition, additional or new facilities, rentals or remodeling of existing facilities.

Related statute or rule

Wis. Stats. s. 38.15 .

Plain language analysis

The Wisconsin Technical College System (WTCS) recently reviewed the Facility Development Procedures contained in Chapter TCS 5 of the Wis. Admin. Code to ensure that the process is efficient for both the System and its colleges while maintaining a high quality process that supports the statutory responsibilities of the WTCS Board. The proposed modifications to the code will eliminate redundancy within the process, steps that are no longer required, information that is already available to the WTCS, and information that is not available at the time of facility approval. In addition, the definitions of both minor remodeling and minor rentals have not been updated since the 1980's and the proposed modifications take into account inflation, more closely aligns rentals to other procurement standards, and allows the WTCS to focus on larger more complicated projects.

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

There are no federal rules regarding technical college facility development procedures.

Comparison with rules in adjacent states

Not applicable.

Summary of factual data and analytical methodologies

Not applicable.

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

Not applicable.

Effect on Small Business

None.

Agency Contact Person

James Zylstra, Executive Vice President, Wisconsin Technical College System, 4622 University Avenue, P.O. Box 7874, Madison, Wisconsin 53707-7874, telephone (608) 266-1739, e-mail james.zylstra@wtcsystem.edu .

Text of Rule

SECTION 1. TCS 5.04 (1) (b), (1) (e) (2) and (4), (2) (b), (2) (d) (3) and (5), (2) (j), (2) (k), (3) (b), (3) (d) (2) and (4), (4) (b), (4) (d) (2) and (4), (4) (i), and (4) (j) are amended to read:

TCS 5.04 Contents of submittal. (1) LAND ACQUISITION. A district board shall submit the following information relative to proposals for land acquisition for evaluation by the board:

(a) A resolution of the district board approving the land acquisition contingent upon board approval.

(b) A resolution of the district board requesting board approval for land acquisition.

(d) A copy of a certified land survey indicating the boundaries and legal description of the land to be acquired.

(e) A report relating programmatic and student requirements, and the needs of business and industry, to the need for land acquisition. The report shall include data indicating the need for land acquisition based upon:

1. An analysis of the needs of business and industry for persons with new skills and persons with updated skills.

2. An analysis of changing and emerging technologies within the district.

3. An analysis of available student stations, and the need for additional student stations, including consideration of the needs of persons with handicaps.

4. Relevant E e nrollment trends for the district . , including placement data for all program areas and the program area to be expanded.

(f) A statement of the costs to be incurred for the land acquisition, including survey and legal fees.

(g) A statement indicating the availability and specific source of funds for the land acquisition.

(2) ADDITIONAL AND NEW FACILITIES. A district board shall submit the following information relative to proposal for additional or new facilities for evaluation by the board:

(a) A resolution of the district board approving the additional or new facilities.

(b) A resolution of the district board requesting board approval for additional or new facilities.

(d) A report relating programmatic and student station requirements, and the needs of business and industry, to the need for additional or new facilities. The report shall include data indicating the need for additional or new facilities based upon:

1. An analysis that considers the joint use of facilities as required under s. 20.901 (4) , Stats.

2. An analysis of needs of business and industry for persons with new skills and persons with updated skills.

3. An analysis of changing and emerging technologies within the district.

4. An analysis of available student stations, and the need for additional student stations, including a consideration of the needs of persons with handicaps.

5. Relevant E e nrollment trends for the district . , including placement data for all program areas and the program area to be expanded.

(e) Educational specifications relating specific space requirements for approved programs to the need for additional or new facilities.

(f) An analysis of the fiscal impact of additional or new facilities on the district's operating budget, including availability and specific source of funds as required under s. TCS 5.05 .

(g) A conceptual sketch of the proposed additional or new facilities.

(h) The estimated project cost by the following categories:

1. General construction

2. Heating, ventilating and air-conditioning

3. Electrical

4. Plumbing

5. Other contracts

6. Equipment, both fixed and movable

7. Miscellaneous costs

8. Fees

(i) A copy of the district energy study analysis indicating compliance with s. 1.12 , Stats.

(j) A list of the various sources of building energy available and a plan for performing a life cycle costs analysis for an alternate form of energy.

(k) A plan for performing a life cycle costs analysis for the structural frame, building skin and the total energy system, including the HVAC system, electrical system and plumbing system to satisfy the requirements under s. 1.12, Stats.

(3) RENTALS. Except as provided under s. TCS 5.09 (2) , a district board shall submit the following information relative to proposals for rentals for evaluation by the board:

(a) A resolution of the district board approving the lease contingent upon board approval.

(b) A resolution of the district board requesting board approval of the lease.

(d) A report relating programmatic and student requirements, and the needs of business and industry, to the need for the rental. The report shall include data indicating the need for the rental based upon:

1. An analysis of the needs of business and industry for persons with new skills and persons with updated skills.

2. An analysis of changing and emerging technologies within the district.

3. An analysis of available student stations, and the need for additional student stations, including a consideration of the needs of persons with handicaps.

4. Relevant E e nrollment trends for the district . , including placement data for all program areas and the program area to be expanded.

(e) An analysis of the fiscal impact of the rental on the district's budget, including the availability and specific source of funds as required under s. TCS 5.05 .

(4) REMODELING. Except as provided under s. TCS 5.09 (1) , a district board shall submit the following data relative to proposals for remodeling existing facilities for evaluation by the board:

(a) A resolution of the district board approving the remodeling of existing facilities.

(b) A resolution of the district board requesting board approval of the remodeling of existing facilities.

(d) A report relating programmatic and student requirements, and the needs of business and industry, to the need for remodeling of existing facilities. The report shall include data indicating the need for remodeling of existing facilities based upon:

1. An analysis of the needs of business and industry for persons with new skills and persons with updated skills.

2. An analysis of changing and emerging technologies within the district.

3. An analysis of available student stations, and the need for additional student stations, including a consideration of the needs of persons with handicaps.

4. Relevant E e nrollment trends for the district . , including placement data for all program areas and the program area to be expanded.

(e) Educational specifications relating specific space requirements for approved programs to the need for remodeling of existing facilities.

(f) An analysis of the fiscal impact of the remodeling of existing facilities on the district's budget, including the availability and specific source of funds as required under s. TCS 5.05 .

(g) A conceptual sketch of the remodeling.

(h) The estimated project cost by the following categories:

1. General construction

2. Heating, ventilating and air-conditioning

3. Electrical

4. Plumbing

5. Other contracts

6. Equipment, both fixed and movable

7. Miscellaneous costs

8. Fees

(i) A list of the various sources of building energy available and a plan for performing a life cycle costs analysis for an alternate form of energy A copy of the district energy study analysis indicating compliance with the requirements under s. 1.12 , Stats.

(j) A plan for performing a life cycle costs analysis for the building skin and the total energy system, including the HVAC system, electrical system and plumbing system to satisfy the requirements under s. 1.12, Stats.

SECTION 2. TCS 5.05 (3) is amended to read:

TCS 5.05 Fiscal impact. The analysis of the fiscal impact of additional or new facilities, rentals and remodeling of existing facilities submitted to the board under s. TCS 5.04 (2) (f) , (3) (e) and (4) (f) shall include:

(1) Data relative to increased instructional costs, increased administrative, maintenance and energy costs and costs for new or replacement equipment resulting from the additional or new facilities, rentals or remodeling of existing facilities.

(2) A list of the source of funds in substantially the following form:

(a) Tax levy - FY

(b) Fund transfer or reserve fund

(d) Other funds:

1. Federal funds

2. Gifts or grants

(e) Total funds

(3) A statement of compliance with ss. 38.15 and 67.12 (12), Stats., if applicable.

SECTION 3: TCS 5.06 is amended to read:

TCS 5.06 Notification of review. The director shall notify the district board at least 14 7 days prior to board review of the proposals for land acquisition, additional or new facilities, rentals or remodeling of existing facilities of the director's recommendation to the board and the rationale for the recommendation. The district board or its designee may appear before the board to submit any data or information in support of the district board's proposal.

SECTION 4: TCS 5:09 (1) and (2) are amended to read:

TCS 5.09 Exclusion of minor remodeling and minor rentals. (1) Remodeling of existing facilities where project costs for a fiscal year do not exceed $ 30,000 100,000 per single campus site, as determined by the board under s. TCS 7.07 (6) , are considered minor remodeling and are exempt from board review and approval under s. 38.04 (10) (a) , Stats., and this chapter.

(2) Rentals to provide community service programs of $50,000 or less and where the term of the lease is three years or less less than one year and the property is leased from the state, or from a city, village, town, county or school dis- trict are considered minor rentals and are exempt from approval under s. 38.04 (10) (a) , Stats., and this chapter.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: (608) 267-0372
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original ⍽ Updated ⍽ Corrected
2. Administrative Rule Chapter, Title and Number
TCS 5, Facility Development Procedures
3. Subject
Facility Development Procedures
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 X Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes X No
9. Policy Problem Addressed by the Rule
Update and streamline facility development procedures.
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.
Wisconsin Technical College Districts
11. Identify the local governmental units that participated in the development of this EIA.
Wisconsin Technical College Districts
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)
None.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
Update and streamline facility development procedures.
14. Long Range Implications of Implementing the Rule
Increased efficiency in technical college facility development procedures.
15. Compare With Approaches Being Used by Federal Government
N/A
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota )
N/A
17. Contact Name				18. Contact Phone Number
James Zylstra				608-266-1739

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