1997 Wisconsin Act 27

27,3132p Section 3132p. 183.0802 (3) (b) of the statutes is created to read:

183.0802 (3) (b) If a member acquired an interest in a limited liability company for no or nominal consideration, the member may withdraw from the limited liability company only in accordance with the operating agreement and only at the time or upon the occurrence of an event specified in the operating agreement. If the operating agreement does not specify the time or the event upon the occurrence of which the member may withdraw, a member who acquired an interest in the limited liability company for no or nominal consideration may not withdraw prior to the time for the dissolution and commencement of winding up of the limited liability company without the written consent of all members of the limited liability company.

27,3133c Section 3133c. 185.981 (4t) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

185.981 (4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 631.89, 632.72 (2), 632.745, 632.747, to 632.749, 632.87 (2m), (3), (4) and (5), 632.895 (10) and 632.897 (10) and ch. 155.

27,3133m Section 3133m. 185.981 (4t) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

185.981 (4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 631.89, 632.72 (2), 632.745 to 632.749, 632.87 (2m), (3), (4) and (5), 632.895 (10) to (13) and 632.897 (10) and ch. chs. 149 and 155.

27,3134c Section 3134c. 185.983 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

185.983 (1) (intro.)  Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.89, 631.93, 632.72 (2), 632.745, 632.747, to 632.749, 632.775, 632.79, 632.795, 632.87 (2m), (3), (4) and (5), 632.895 (5), (9) and (10), 632.896 and 632.897 (10), subch. II of ch. 619 and chs. 609, 630, 635, 645 and 646, but the sponsoring association shall:

27,3134m Section 3134m. 185.983 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

185.983 (1) (intro.)  Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.89, 631.93, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.87 (2m), (3), (4) and (5), 632.895 (5), (9) and (10) and (9) to (13), 632.896 and 632.897 (10), subch. II of ch. 619 and chs. 609, 630, 635, 645 and 646, but the sponsoring association shall:

27,3134mi Section 3134mi. 196.04 (4) of the statutes is amended to read:

196.04 (4) If the parties cannot agree and the commission finds that public convenience and necessity or the rendition of reasonably adequate service to the public requires that a public utility or, telecommunications provider or cable operator, as defined in s. 66.082 (2) (b), be permitted to extend its lines on, over or under the right-of-way of any railroad, or requires that the tracks of any railroad be extended on, over or under the right-of-way of any public utility or, telecommunications provider or cable operator, the commission may order the extension by the public utility, telecommunications provider, cable operator or railroad on, over or under the right-of-way of the other if it will not materially impair the ability of the railroad, telecommunications provider, cable operator or public utility, on, over or under whose right-of-way the extension would be made, to serve the public. The commission shall prescribe lawful conditions and compensation which the commission deems equitable and reasonable in light of all the circumstances.

27,3142 Section 3142 . 196.20 (5) (d) of the statutes is amended to read:

196.20 (5) (d) If the commission does not conduct a hearing under this subsection, a proposed rate increase or change in a rate schedule becomes effective as proposed and any rates, tolls or charges under review under s. 196.215 (6) or (7) may not be altered unless the commission issues a final order no later than 150 days after the commission receives the application or receives the information under par. (b) 1g. and 1r. If the commission conducts a hearing, a proposed rate increase or change in a rate schedule becomes effective as proposed and any rates, tolls or charges under review under s. 196.215 (6) or (7) may not be altered unless the commission issues the final order no later than 180 days after the commission receives the application or receives the information under par. (b) 1g. and 1r. If the commission conducts a hearing, the hearing examiner may extend the time for issuing a final order up to 30 additional days. The commission and the small telecommunications utility may agree in writing to extend the time for issuing a final order. Notwithstanding ss. 196.34 and 196.36 (2), the commission may require the small telecommunications utility to bear the expense of producing a transcript of a hearing conducted under this section.

27,3143 Section 3143 . 196.20 (6) of the statutes is amended to read:

196.20 (6) If a telecommunications utility that is not a small telecommunications utility and that has 150,000 or less access lines in use in this state files with the commission an application for a rate change that constitutes an increase in rates, the rate change becomes effective as proposed unless the commission issues the final order on the application no later than 180 days after the commission receives the application. The hearing examiner may extend the time for issuing a final order up to 30 additional days. The commission and the telecommunications utility may agree in writing to extend the time for issuing a final order. Notwithstanding ss. 196.34 and 196.36 (2), the commission may require the telecommunications utility to bear the expense of producing a transcript of a hearing conducted under this subsection.

27,3143m Section 3143m. 196.202 (1) of the statutes is amended to read:

196.202 (1) Definition. In this section, “cellular mobile radio telecommunications utility" means a person authorized by the federal communications commission to provide domestic public commercial mobile cellular radio telecommunications service under 47 USC 154 (i).

27,3144 Section 3144 . 196.202 (2) of the statutes is amended to read:

196.202 (2) Scope of regulation. A cellular mobile radio telecommunications utility is not subject to ch. 184 or this chapter, except a cellular mobile radio telecommunications utility is subject to s. 196.218 (3) to the extent not preempted by federal law. If the application of s. 196.218 (3) to a cellular mobile radio telecommunications utility is not preempted, a cellular mobile radio telecommunications utility shall respond, subject to the protection of the cellular mobile radio telecommunications utility's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to establish and administer the universal service fund.

27,3145 Section 3145 . 196.218 (1) of the statutes is renumbered 196.218 (1) (intro.) and amended to read:

196.218 (1) (title) Definition Definitions. (intro.) In this section, “universal:

(c) “Universal service" includes the availability of a basic set of essential telecommunications services and access to advanced service capabilities of a modern telecommunications infrastructure anywhere in this state.

27,3146 Section 3146 . 196.218 (1) (a) and (b) of the statutes are created to read:

196.218 (1) (a) “Board" means the technology for educational achievement in Wisconsin board.

(b) “Department" means the department of administration.

27,3147 Section 3147 . 196.218 (1) (d) of the statutes is created to read:

196.218 (1) (d) “Universal service fund" means the trust fund established under s. 25.95.

27,3148 Section 3148 . 196.218 (2) (a) and (b) of the statutes are repealed.

27,3149 Section 3149 . 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), 20.275 (1) (s) and (t) 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.

27,3149g Section 3149g. 196.218 (3) (a) 4. of the statutes is created to read:

196.218 (3) (a) 4. In calculating contribution amounts that must be paid into the universal service fund by telecommunications utilities that provide basic local exchange service, the commission shall determine the portion of the contributions that are used for the purposes specified in sub. (5) (a) 5. and 6.

27,3149r Section 3149r. 196.218 (3) (f) of the statutes is created to read:

196.218 (3) (f) Notwithstanding ss. 196.196 (1) and (5) (d) 2., 196.20 (2m), (5) and (6), 196.213 and 196.215, a telecommunications utility that provides basic local exchange service may make adjustments to basic local exchange rates for the purpose of recovering the portion of its contributions to the universal service fund that is determined by the commission under par. (a) 4.

27,3150 Section 3150 . 196.218 (4r) of the statutes is created to read:

196.218 (4r) Educational telecommunications access program. (a) In this subsection:

1. “Data line" means a data circuit that provides direct access to the internet.

2. “Private college" means a private, regionally accredited, 4-year, nonprofit college or university that is incorporated in this state or that has its regional headquarters and principal place of business in this state or a tribally controlled college in this state.

2m. “Private school" has the meaning given in s. 115.001 (3r).

3. “Video link" means a 2-way interactive video circuit.

(b) The commission, in consultation with the department and the board, shall promulgate rules establishing an educational telecommunications access program to provide school districts, private schools, technical college districts, private colleges and public library boards with access to data lines and video links.

(c) The rules promulgated under par. (b) shall do all of the following:

1. Allow a school district, private school, technical college district, private college and public library board to make a request to the board for access to either one data line or one video link, except that if a school district operates more than one high school the rules shall allow the school district to 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.

2. Establish eligibility requirements for a school district, private school, technical college district, private college and public library board 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.

3. Establish specifications for a data line or video link that is provided to a school district, private school, technical college district, private college and public library board under the program established under par. (b).

4. Require a school district, private school, technical college district, private college and public library board 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, technical college district, private college and public library board under the program established under par. (b), 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.

5. Include the protections specified in s. 196.209 (4) (a) and (b). Before promulgating the rules required under this subdivision, the commission shall consult with the telecommunications privacy council appointed under s. 196.209 (5) (a).

(d) The commission shall submit an annual report to the board on the status of providing data lines and video links that are requested under par. (c) 1. and the impact on the universal service fund of any payment under sub. (5) (a) 5.

(e) If the federal communications commission promulgates or modifies rules that provide rate discounts for telecommunications services to school districts, private schools, technical college districts, private colleges or public library boards 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).

(f) Notwithstanding pars. (b) and (c), technical college districts are not eligible to participate in the program established under par. (b) before April 1, 1998. In consultation with the commission, the board shall determine by April 1, 1998, whether there are sufficient moneys in the appropriation under s. 20.275 (1) (s) to include technical college districts in the program established under par. (b). If the board determines that there are sufficient moneys, technical college districts are eligible to participate in the program established under par. (b) beginning on April 1, 1998.

(g) From the appropriation under s. 20.275 (1) (s), the board may award an annual grant to a school district that had in effect on the effective date of this paragraph .... [revisor inserts date], a contract for access to a data line or video link, as documented by the commission. 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 under a contract entered into under s. 16.974 (7) (a) less the amount that the school district would be paying under par. (c) 4. if the school district were participating in the program established under par. (b). A school district receiving a grant under this paragraph is not eligible to participate in the program under par. (b). No grant may be awarded under this paragraph after June 30, 2002.

27,3151 Section 3151 . 196.218 (5) (a) (intro.) of the statutes is amended to read:

196.218 (5) (a) (intro.) The commission shall require that use the moneys in the universal service fund be used only for any of the following purposes:

27,3152 Section 3152 . 196.218 (5) (a) 5. of the statutes is created 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.

27,3152p Section 3152p. 196.218 (5) (a) 6. of the statutes is created to read:

196.218 (5) (a) 6. To pay the department of administration for telecommunications services provided under s. 16.973 (1) to the campuses of the University of Wisconsin System at River Falls, Stout, Superior and Whitewater.

27,3153 Section 3153 . 196.218 (5) (b) of the statutes is amended to read:

196.218 (5) (b) The commission shall promulgate rules to determine whether a telecommunications provider, the customers of a telecommunications provider or another person shall be assisted by the universal service fund for any use under par. (a) 1. to 4.

27,3154 Section 3154 . 196.218 (5m) of the statutes is amended to read:

196.218 (5m) Rule review. At Except for rules promulgated under sub. (4r) (b), at least biennially, the commission shall review and revise as appropriate rules promulgated under this section.

27,3155 Section 3155 . 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).

27,3156 Section 3156 . 196.36 (1r) of the statutes is created to read:

196.36 (1r) Production expenses. The commission may require any party to an investigation or hearing to bear the expense of producing a transcript, audiotape or videotape that is related to the investigation or hearing.

27,3157 Section 3157 . 196.36 (2) of the statutes is amended to read:

196.36 (2) Copies. A Upon request, the commission shall furnish a copy of a transcript under this section shall be furnished on demand free of cost to any party to the investigation or hearing from which the transcript is taken. Upon request, the commission and shall furnish a copy of an audiotape or videotape to any party to the investigation or hearing from which the audiotape or videotape is taken. The commission may charge a reasonable price for the transcript or tape.

27,3157m Section 3157m. 196.491 (4) of the statutes is created to read:

196.491 (4) Exemptions. (a) Subsection (2) does not apply to a person that constructs, owns or operates electric generating equipment and associated facilities if all of the following are satisfied:

1. The person is not a public utility or a cooperative association organized under ch. 185 for the purpose of generating, distributing or furnishing electric energy at retail or wholesale to its members only.

2. The person shows to the satisfaction of the commission that the person reasonably anticipates, at the time that construction of the equipment or facilities commences, that on each day that the equipment and facilities are in operation the person will consume no less than 70% of the aggregate kilowatt hours output from the equipment and facilities in manufacturing processes at the site where the equipment and facilities are located.

3. The person consumes no less than 70% of the aggregate kilowatt hours output from the equipment and facilities, calculated on a monthly basis for each month of the biennial period preceding the date on which the plan under sub. (2) must be filed, in manufacturing processes at the site where the equipment and facilities are located.

(b) Subsection (3) does not apply to a person that constructs electric generating equipment and associated facilities if the person satisfies the requirements specified in par. (a) 1. and 2.

27,3158 Section 3158 . 196.499 (1) of the statutes is amended to read:

196.499 (1) Scope. Notwithstanding any other provisions of this chapter, a telecommunications carrier is not subject to regulation under this chapter, except that a telecommunications carrier shall comply with the requirements of this section, shall be treated under ss. 196.209, 196.218 (8) and 196.219 (4d) as a telecommunications provider, under s. 196.85 as a telecommunications utility and under s. 196.858 as an interexchange telecommunications utility, may be assessed under s. 196.218 (3) as a telecommunications provider and shall respond, subject to the protection of the telecommunications carrier's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to establish and administer the universal service fund. A telecommunications carrier may not be assessed in a manner that is inconsistent with this section.

27,3158g Section 3158g. 196.85 (1m) of the statutes is renumbered 196.85 (1m) (a).

27,3158r Section 3158r. 196.85 (1m) (b) of the statutes is created to read:

196.85 (1m) (b) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 196.04 (4), the term “public utility" includes a cable operator, as defined in s. 66.082 (2) (b).

27,3159 Section 3159 . 196.856 of the statutes is repealed.

27,3160 Section 3160 . 196.857 (1m) (b) of the statutes is amended to read:

196.857 (1m) (b) The amount appropriated under s. 20.115 (8) (3) (j), less any fees received from farmers under sub. (2g) and credited to the appropriation account under s. 20.115 (8) (3) (j). The amounts received under this paragraph shall be credited to the appropriation made in account under s. 20.115 (8) (3) (j).

27,3160m Section 3160m. 196.857 (1m) (c) of the statutes is created to read:

196.857 (1m) (c) The amount appropriated under s. 20.115 (3) (je). The amounts received under this paragraph shall be credited to the appropriation under s. 20.115 (3) (je).

27,3161 Section 3161 . 196.857 (2g) of the statutes is amended to read:

196.857 (2g) Farm service fees. The commission may charge reasonable fees not to exceed $300 per farm for services provided to farmers under this section. The fees shall be in accordance with a standardized schedule of fees established by the commission by rule. The fees collected under this subsection shall be credited to the appropriation account under s. 20.115 (8) (3) (j) in each fiscal year.

27,3162 Section 3162 . 198.12 (2) of the statutes is amended to read:

198.12 (2) Service of process on, personal injury claims, venue. The district shall sue or be sued in its corporate name and service of process upon the district shall be by service upon the chairperson of the board and the clerk of the district, but no action shall be brought or maintained against a district upon a claim or cause of action unless the claimant complies with s. 893.80. Compliance with s. 893.80 is not required under this subsection in actions commenced under s. 19.37 or, 19.97 or 281.99. All actions by or against the district, except condemnation proceedings and actions to which the state or any officer or commission thereof is a party, shall be brought in the circuit court for the county in which its principal administrative office is located.

27,3166 Section 3166 . 214.37 (4) (k) 1. of the statutes is amended to read: