Feed for /1999/related/acts/9 PDF
9,2313u Section 2313u. 196.208 (11) (d) of the statutes is renumbered 196.208 (11) (d) 1. and amended to read:
196.208 (11) (d) 1. Any Except as provided in subd. 2., any person who violates subs. (2) to (9) shall be required to forfeit not less than $25 nor more than $5,000 for each offense.
3. Forfeitures under this paragraph subds. 1. and 2. shall be enforced by action on behalf of the state by the department of justice or, upon informing the department of justice, by the district attorney of the county where the violation occurs.
9,2313y Section 2313y. 196.208 (11) (d) 2. of the statutes is created to read:
196.208 (11) (d) 2. a. A prisoner who violates sub. (5p) (b) may be required to forfeit not more than $500.
b. A person who employs a prisoner to answer calls made to a toll-free telephone number may be required to forfeit not more than $10,000 if the person violates sub. (5p) (c), aids and abets a prisoner's violation of sub. (5p) (b), is a party to a conspiracy with a prisoner to commit a violation of sub. (5p) (b) or advises, hires or counsels or otherwise procures a prisoner to commit a violation of sub. (5p) (b).
9,2316 Section 2316. 196.218 (1) (a) and (b) of the statutes are repealed.
9,2317 Section 2317. 196.218 (3) (a) 3. of the statutes is amended to read:
196.218 (3) (a) 3. The commission shall designate the method by which the contributions under this paragraph shall be calculated and collected. The method shall ensure that the contributions are sufficient to generate the amounts appropriated under ss. 20.155 (1) (q), 20.255 (3) (q), 20.275 (1) (s), (t) and (tm) and 20.285 (1) (q). Contributions may be based only on the gross operating revenues from the provision of broadcast services identified by the commission under subd. 2. and on intrastate telecommunications services in this state of the telecommunications providers subject to the contribution.
9,2318 Section 2318. 196.218 (4r) (title) of the statutes is renumbered 44.73 (title).
9,2319 Section 2319. 196.218 (4r) (a) (intro.) of the statutes is repealed.
9,2320 Section 2320. 196.218 (4r) (a) 1. of the statutes is renumbered 44.70 (1m).
9,2321 Section 2321. 196.218 (4r) (a) 2. and 2m. of the statutes are renumbered 44.70 (3g) and (3j).
9,2322 Section 2322. 196.218 (4r) (a) 3. of the statutes is renumbered 44.70 (6).
9,2323 Section 2323. 196.218 (4r) (b) of the statutes is renumbered 44.73 (1) and amended to read:
44.73 (1) The commission Except as provided in s. 196.218 (4t), the board, in consultation with the department and the board, shall promulgate rules establishing an educational telecommunications access program to provide school districts, private schools, cooperative educational service agencies, technical college districts, private colleges and public library boards educational agencies with access to data lines and video links.
9,2324 Section 2324. 196.218 (4r) (c) (intro.), 1., 2., 3. and 4. of the statutes are renumbered 44.73 (2) (intro.), (a), (b), (c) and (d) and amended to read:
44.73 (2) (intro.) The rules promulgated under par. (b) sub. (1) shall do all of the following:
(a) Allow a school district, private school, cooperative educational service agency, technical college district, private college and public library board an educational agency to make a request to the board for access to either one data line or one video link, except that if any educational agency may request access to additional data lines if the agency shows to the satisfaction of the board that the additional data lines are more cost-effective than a single data line and except that a school district that operates more than one high school the rules shall allow the school district to may request access to both a data line and a video link and to request access to more than one data line or video link. The board shall forward requests received under this subdivision to the commission and the department.
(b) Establish eligibility requirements for a school district, private school, cooperative educational service agency, technical college district, private college and public library board an educational agency to participate in the program established under par. (b). The requirements shall prohibit a participant in the program from receiving assistance from the universal service fund for the purpose specified in sub. (5) (a) 3. for educational telecommunications access that is substantially similar to the access provided to the participant under the program sub. (1).
(c) Establish specifications for a data line or lines and video link that links for which access is provided to a school district, private school, cooperative educational service agency, technical college district, private college and public library board an educational agency under the program established under par. (b) sub. (1).
(d) Require a school district, private school, cooperative educational service agency, technical college district, private college and public library board an educational agency to pay the department not more than $250 per month for each data line or video link that is provided to the school district, private school, cooperative educational service agency, technical college district, private college and public library board educational agency under the program established under par. (b) sub. (1), except that the charge may not exceed $100 per month for each data line or video link that relies on a transport medium that operates at a speed of 1.544 megabits per second.
9,2325 Section 2325. 196.218 (4r) (c) 5. of the statutes is renumbered 44.73 (2) (e).
9,2326 Section 2326. 196.218 (4r) (d) of the statutes is renumbered 44.73 (3) and amended to read:
44.73 (3) The commission board shall submit an annual report to the board department on the status of providing data lines and video links that are requested under par. (c) 1. sub. (2) (a) and the impact on the universal service fund of any payment under sub. (5) (a) 5. contracts under s. 16.974 (7).
9,2327 Section 2327. 196.218 (4r) (e) of the statutes is renumbered 44.73 (4) and amended to read:
44.73 (4) If the federal communications commission promulgates or modifies rules that provide rate discounts for telecommunications services to school districts, private schools, cooperative educational service agencies, technical college districts, private colleges or public library boards educational agencies under 47 USC 254, the governor shall submit a report to the joint committee on finance that includes any recommended changes to statutes or rules with respect to funding the program established under par. (b) sub. (1).
9,2328 Section 2328. 196.218 (4r) (f) of the statutes is renumbered 44.73 (5) and amended to read:
44.73 (5) Notwithstanding pars. (b) and (c) subs. (1) and (2), technical college districts are not eligible to participate in the program established under par. (b) sub. (1) before April 1, 1998. In consultation with the commission, the The board shall determine by April 1, 1998, whether there are sufficient moneys in the appropriation under s. 20.275 (1) (s) (t) to include technical college districts in the program established under par. (b) sub. (1). If the board determines that there are sufficient moneys, technical college districts are eligible to participate in the program established under par. (b) sub. (1) beginning on April 1, 1998.
9,2329 Section 2329. 196.218 (4r) (g) of the statutes is renumbered 44.73 (6) and amended to read:
44.73 (6) From the appropriation under s. 20.275 (1) (gf), (gh), (s) or (tm), the board may award an annual grant to a school district or private school that had in effect on October 14, 1997, a contract for access to a data line or video link, as documented by the commission board. The board shall determine the amount of the grant, which shall be equal to the cost incurred by the state to provide telecommunications access to a school district or private school under a contract entered into under s. 16.974 (7) (a) or (c) less the amount that the school district or private school would be paying under par. (c) 4. sub. (2) (d) if the school district or private school were participating in the program established under par. (b) sub. (1), except that the amount may not be greater than the cost that a school district or private school incurs under the contract in effect on October 14, 1997. A school district or private school receiving a grant under this paragraph subsection is not eligible to participate in the program under par. (b) sub. (1). No grant may be awarded under this paragraph subsection after June 30, 2002.
9,2329g Section 2329g. 196.218 (4t) of the statutes is created to read:
196.218 (4t) Educational telecommunications access program rules. The commission, in consultation with the department of administration and the technology for educational achievement in Wisconsin board, shall promulgate rules specifying the telecommunications services eligible for funding through the educational telecommunications access program under s. 44.73.
9,2329m Section 2329m. 196.218 (4u) of the statutes is created to read:
196.218 (4u) Medical telecommunications equipment program. From the appropriation under 20.155 (1) (q), the commission may spend up to $500,000 annually for grants to nonprofit medical clinics and public health agencies for the purchase of telecommunications equipment to be used in providing services to their clients. The commission shall promulgate rules establishing requirements and procedures for awarding grants under this subsection.
9,2330 Section 2330. 196.218 (5) (a) 3. of the statutes is repealed.
9,2331 Section 2331. 196.218 (5) (a) 5. of the statutes is amended to read:
196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 (7) to the extent that these costs are not paid under sub. (4r) (c) 4 s. 44.73 (2) (d).
9,2331g Section 2331g. 196.218 (5) (a) 5m. of the statutes is created to read:
196.218 (5) (a) 5m. To provide statewide access, through the Internet, to periodical and reference information data bases.
9,2332 Section 2332. 196.218 (5) (a) 7. of the statutes is amended to read:
196.218 (5) (a) 7. To make grants awarded by the technology for educational achievement in Wisconsin board to school districts and private schools under sub. (4r) (g) s. 44.73 (6). This subdivision does not apply after June 30, 2002.
9,2332f Section 2332f. 196.218 (5) (a) 8. of the statutes is created to read:
196.218 (5) (a) 8. To promote access to information and library services to blind and visually handicapped individuals.
9,2332m Section 2332m. 196.218 (5) (a) 9. of the statutes is created to read:
196.218 (5) (a) 9. To make grants under sub. (4u).
9,2332n Section 2332n. 196.218 (5) (a) 10. of the statutes is created to read:
196.218 (5) (a) 10. To provide administrative services under the rehabilitation teaching program for blind and visually impaired persons under s. 46.293.
9,2332t Section 2332t. 196.218 (5) (d) of the statutes is created to read:
196.218 (5) (d) 1. In this paragraph, "Wisconsin works agency" has the meaning given in s. 49.001 (9).
2. The commission shall annually provide information booklets to all Wisconsin works agencies that describe the current assistance from the universal service fund that is available to low-income individuals who are served by the Wisconsin works agencies, including a description of how such individuals may obtain such assistance. The department of workforce development shall assist the commission in identifying the Wisconsin works agencies to which the commission is required to submit the information required under this subdivision.
9,2333 Section 2333. 196.218 (5m) of the statutes is amended to read:
196.218 (5m) Rule review. Except for rules promulgated under sub. (4r) (b), at At least biennially, the commission shall review and revise as appropriate rules promulgated under this section.
9,2333m Section 2333m. 196.218 (5u) of the statutes is created to read:
196.218 (5u) Biennial budget request. The commission shall include in its biennial budget request under s. 16.42 a proposed budget for each individual program for which the commission proposes to expend moneys from the universal fund in the forthcoming biennium. A proposed budget under this subsection shall describe each program and identify the proposed expenditure amount for each program for each fiscal year of the biennium.
9,2334 Section 2334. 196.218 (6) (b) of the statutes is amended to read:
196.218 (6) (b) The universal service fund council shall advise the commission concerning the administration of this section and the content of rules promulgated under this section. This paragraph does not apply to the administration of sub. (4r) and rules promulgated under sub. (4r) (b).
9,2334d Section 2334d. 196.31 (1) (intro.) of the statutes is amended to read:
196.31 (1) (intro.) In any proceeding before the commission, the commission may shall compensate any participant in the proceeding who is not a public utility, for some or all of the reasonable costs of participation in the proceeding if the commission finds that:
9,2334h Section 2334h. 196.31 (1) (a) of the statutes is amended to read:
196.31 (1) (a) The participation is necessary to provide for the record an adequate presentation of a significant position in which the participant has a substantial interest, and that an adequate presentation would not be possible occur without a grant of compensation; or
9,2334p Section 2334p. 196.374 of the statutes is repealed and recreated to read:
196.374 Low-income assistance, energy efficiency and other programs. (1) In this section:
(a) "Department" means the department of administration.
(b) "Fund" means the utility public benefits fund.
(c) "Utility" means a Class A gas or electric utility, as defined by the commission, but does not include a municipal utility, as defined in s. 16.957 (1) (q), a municipal electric company, as defined in s. 66.073 (3) (d), or a cooperative association organized under ch. 185.
(2) The commission shall determine the amount that each utility spent in 1998 on programs for each of the following:
(a) Low-income assistance, including low-income weatherization and writing off uncollectibles and arrearages.
(b) Energy conservation and efficiency.
(c) Environmental research and development.
(d) Renewable resources.
(3) In 2000, 2001 and 2002, the commission shall require each utility to spend a decreasing portion of the amount determined under sub. (2) on programs specified in sub. (2) and contribute the remaining portion of the amount to the commission for deposit in the fund. In each year after 2002, each utility shall contribute the entire amount determined under sub. (2) to the commission for deposit in the fund. The commission shall ensure in rate-making orders that a utility recovers from its ratepayers the amounts spent on programs or contributed to the fund under this subsection. The commission shall allow each utility the option of continuing to use, until January 1, 2002, the moneys that it has recovered under s. 196.374 (3), 1997 stats., to administer the programs that it has funded under s. 196.374 (1), 1997 stats.
The commission may allow each utility to spend additional moneys on the programs specified in sub. (2) if the utility otherwise complies with the requirements of this section and s. 16.957 (4).
(4) If the department notifies the commission under s. 16.957 (2) (b) 2. that the department has reduced funding for energy conservation and efficiency and renewable resource programs by an amount that is greater than the portion of the public benefits fee specified in s. 16.957 (4) (c) 2., the commission shall reduce the amount that utilities are required to spend on programs or contribute to the fund under sub. (3) by the portion of the reduction that exceeds the amount of public benefits fees specified in s. 16.957 (4) (c) 2.
9,2334t Section 2334t. 196.378 of the statutes is created to read:
196.378 Renewable resources. (1) Definitions. In this section:
(a) "Biomass" means a resource that derives energy from wood or plant material or residue, biological waste, crops grown for use as a resource or landfill gases. "Biomass" does not include garbage, as defined in s. 289.01 (9), or nonvegetation-based industrial, commercial or household waste, except that "biomass" includes refuse-derived fuel used for a renewable facility that was in service in this state before January 1, 1998.
(am) "Biomass cofired facility" means a renewable facility in which biomass and conventional resources are fired together.
(b) "Conventional resource" means a resource that derives energy from coal, oil, nuclear power or natural gas, except for natural gas used in a fuel cell.
(bm) "Department" means the department of administration.
(c) "Electric provider" means an electric utility or retail electric cooperative.
(d) "Electric utility" means a public utility that sells electricity at retail. For purposes of this paragraph, a public utility is not considered to sell electricity at retail solely on the basis of its ownership or operation of a retail electric distribution system.
(e) "Excludable renewable energy" means the portion of an electric provider's total renewable energy that is supplied from renewable facilities that were placed in service before January 1, 1998, and that, before January 1, 1998, derived electricity from hydroelectric power, even if the output of the renewable facilities is used to satisfy requirements under federal law.
(f) "Nonsystem renewable energy" means the amount of electricity that an electric provider sells to its retail customers or members and that is supplied or allocated under executed wholesale purchase contracts from renewable facilities that are not owned or operated by the electric provider. "Nonsystem renewable energy" does not include any electricity that is not used to satisfy the electric provider's retail load obligations.
(g) "Renewable facility" means an installed and operational electric generating facility in which electricity is derived from a renewable resource. "Renewable facility" includes a facility the installation or operation of which is required under federal law, but does not include a facility the installation or operation of which is required under the laws of another state even if the installation or operation of the facility is also required under federal law.
(h) "Renewable resource" means any of the following:
1. A resource that derives electricity from any of the following:
a. A fuel cell that uses, as determined by the commission, a renewable fuel.
b. Tidal or wave action.
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