2015 Wisconsin Act 55

55,3524g Section 3524g. 182.71 (7) (b) of the statutes is amended to read:

182.71 (7) (b) If the company intends to acquire and overflow property, the commission shall approve the need to overflow the property. The department shall mark the height to which any dam may raise the water level by permanent monuments and bench marks, shall supervise and control the time and extent of the drawing of water from the reservoirs, except as provided in s. 31.02 (4d), and may compel the maintenance of all reservoirs established. The commission and the department may employ, at the expense of the company, hydraulic engineers and other persons to assist in obtaining information necessary to enforce this section. The cost of hiring the engineers shall be included as a part of the cost of construction or maintenance and operation of the reservoir system. The department is subject to the restrictions under s. 31.02 (4d) in issuing, amending, or revising an order under this paragraph for a dam that meets the conditions under s. 31.02 (4d).

55,3527d Section 3527d. 190.11 (1) of the statutes is amended to read:

190.11 (1) Every conveyance or lease, deed of trust, mortgage or satisfaction thereof made by any railroad corporation shall be executed and acknowledged in the manner in which conveyances of real estate by corporations are required to be to entitle the same to be recorded, and shall be filed with and maintained by the department of financial institutions office of the commissioner of railroads, which shall endorse thereon "filed" and the date of filing.

55,3527f Section 3527f. 190.11 (3) of the statutes is amended to read:

190.11 (3) The department of financial institutions office of the commissioner of railroads shall collect a fee of $1 per page filed under sub. (1). All fees received under this subsection shall be credited to the appropriation account under s. 20.155 (2) (g).

55,3527h Section 3527h. 190.11 (4) of the statutes is amended to read:

190.11 (4) The department of financial institutions office of the commissioner of railroads shall collect a fee at the rate under s. 77.22 and, on or before the 15th day of the month after the fee is collected, shall remit that fee to the department of administration for deposit in the general fund. Sections 77.21, 77.22 and 77.25 to 77.27 apply to the fee under this subsection.

55,3527m Section 3527m. 192.32 (1) (c) of the statutes is created to read:

192.32 (1) (c) To prevent any person from walking directly across the tracks or right-of-way of any railroad.

55,3528 Section 3528. 194.01 (11) of the statutes is amended to read:

194.01 (11) "Private motor carrier" means any person except a common or contract motor carrier engaged in the who provides transportation of property or passengers by commercial motor vehicle other than an automobile or trailer used therewith, upon the public highways, as defined in 49 CFR 390.5, and is not a for-hire motor carrier.

55,3528g Section 3528g. 196.02 (5) of the statutes is amended to read:

196.02 (5) Inspect books. The commission, the chairperson of the commission, or any commissioner or any person employed by the commission for that purpose may, upon demand, inspect the books, accounts, papers, records and memoranda of any public utility, and examine under oath any officer, agent or employee of the public utility in relation to its business and affairs. Any person, other than the chairperson or one of the commissioners, who makes a demand shall produce his or her authority to make the inspection.

55,3528k Section 3528k. 196.03 (3) (b) 2. b. of the statutes is amended to read:

196.03 (3) (b) 2. b. The person owns land that is located in the city, village or town and in an area in which the municipal utility has an obligation to provide water for public fire protection. If the person owns 2 or more parcels that are adjacent to each other or divided only by a roadway or brook, creek, river, or stream, the municipality may bill the person for only one parcel.

55,3528m Section 3528m. 196.203 (4m) (a) of the statutes is amended to read:

196.203 (4m) (a) The commission may impose s. 196.02 (1), (4), or (5), 196.04, 196.135, 196.14, 196.197, 196.199, 196.207, 196.208, 196.209, 196.218, 196.219 (1), (2) (b), (c), or (d), (2r), or (3) (a), (d), (j), (m), (n), or (o), 196.25, 196.26, 196.39, 196.395, 196.40, 196.41, 196.43, 196.44, 196.65, 196.66, 196.81, 196.85, 196.858, or 196.859 on an alternative telecommunications utility.

55,3582r Section 3582r. 196.209 (5) of the statutes is repealed.

55,3528t Section 3528t. 196.218 (1) (a) of the statutes is amended to read:

196.218 (1) (a) "Essential telecommunications services" means the services or functionalities listed in 47 CFR 54.101 (a) as of January 1, 2010.

55,3529c Section 3529c. 196.218 (3) (a) 3. b. of the statutes is amended to read:

196.218 (3) (a) 3. b. The amounts appropriated under ss. 20.255 (1) (q) and (3) (q), (qm), and (r), 20.285 (1) (q), and 20.505 (4) (s), (t), (tm), (tu), and (tw).

55,3532 Section 3532. 196.218 (5) (a) 10. of the statutes is created to read:

196.218 (5) (a) 10. To make broadband expansion grants under s. 196.504.

55,3532c Section 3532c. 196.218 (5) (a) 12. of the statutes is created to read:

196.218 (5) (a) 12. To make grants under ss. 16.994 and 16.996.

55,3532d Section 3532d. 196.218 (5) (a) 12. of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

196.218 (5) (a) 12. To make grants under ss. 16.994 and s. 16.996.

55,3532f Section 3532f. 196.218 (5) (a) 14. of the statutes is created to read:

196.218 (5) (a) 14. To provide funding for online courses made available under s. 115.28 (53) and for the delivery of digital content and collaborative instruction under s. 115.28 (54).

55,3532k Section 3532k. 196.31 (1) (intro.) of the statutes is amended to read:

196.31 (1) (intro.) In Except as provided in sub. (1m), in any proceeding before the commission, the commission 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:

55,3532m Section 3532m. 196.31 (1m) of the statutes is amended to read:

196.31 (1m) The commission shall compensate any a consumer group or consumer representative under sub. (1) for all 50% of the reasonable costs of participating in a hearing under s. 196.198 proceeding.

55,3532n Section 3532n. 196.31 (2m) of the statutes is repealed.

55,3535t Section 3535t. 196.504 (1) (am) of the statutes is created to read:

196.504 (1) (am) "Scalable" means, with respect to a project for a broadband network, that the broadband network has the ability to maintain the quality of its service while increasing parameters relating to the size of the network, such as the number of users, the number of network nodes, the number of services provided, or the network's geographic spread.

55,3536m Section 3536m. 196.504 (2) (a) of the statutes is amended to read:

196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under par. (d). Grants awarded under this section shall be paid from the appropriation under s. 20.155 (3) (g) (r). In each fiscal year, the total amount of the grants may not exceed $1,500,000.

55,3537 Section 3537. 196.504 (2) (c) of the statutes is amended to read:

196.504 (2) (c) To establish criteria for evaluating applications and awarding grants under this section. The criteria shall prohibit grants that have the effect of subsidizing the expenses of a telecommunication provider or the monthly bills of telecommunications customers. The criteria shall give priority to projects that include matching funds, that involve public-private partnerships, that affect areas with no broadband service providers, that are scalable, or that affect a large geographic area or a large number of underserved individuals or communities.

55,3537am Section 3537am. 196.65 (1) (e) of the statutes is amended to read:

196.65 (1) (e) Upon proper demand, fails or refuses to exhibit to the commission, the chairperson of the commission, or any commissioner or any person authorized to examine it any record of the public utility which is in the possession or under the control of the officer, agent or employee.

55,3537b Section 3537b. 200.09 (1) of the statutes is renumbered 200.09 (1) (a) and amended to read:

200.09 (1) (a) A Except as provided in par. (b), a district formed under this subchapter shall be governed by a 5-member commission appointed for staggered 5-year terms. Except as provided in par. (b) and sub. (11), commissioners shall be appointed by the county board of the county in which the district is located. If Except as provided in par. (b), if the district contains territory of more than one county, the county boards of the counties not having the greatest population in the district shall appoint one commissioner each and the county board of the county having the greatest population in the district shall appoint the remainder. Of the initial appointments under this paragraph, the appointments for the shortest terms shall be made by the counties having the least amount of population, in reverse order of their population included in the district. Commissioners shall be residents of the district. Initial appointments shall be made no sooner than 60 days and no later than 90 days after issuance of the department order forming a district or after completion of any court proceedings challenging such order.

55,3537e Section 3537e. 200.09 (1) (b) of the statutes is created to read:

200.09 (1) (b) A district that contains a 2nd class city with a population of 200,000 or more shall be governed by a 9-member commission appointed for staggered 3-year terms. The mayor of the 2nd class city shall appoint 5 individuals as members of the commission. An executive council composed of the elected executive officers of each city and village that is wholly or partly within the boundaries of the district, except the 2nd class city, shall appoint 3 members of the commission by a majority vote of the members of the executive council. An executive council composed of the elected executive officers of each town that is wholly or partly within the boundaries of the district shall appoint one member of the commission by a majority vote of the members of the executive council.

55,3537h Section 3537h. 200.09 (3m) of the statutes is created to read:

200.09 (3m) All actions of a commission under sub. (1) (b) shall be approved by a majority vote of the members present, except that the following actions require the affirmative vote of three-fourths of the members who are entitled to a seat on the commission:

(a) Any policy, rule, regulation, ordinance, rate, or charging structure that does not by its terms apply uniformly to all geographical areas of the district.

(b) Any change in the methods in effect on May 1, 2015, that are used to finance capital projects or to finance operations of the district.

55,3537L Section 3537L. 200.15 (1) of the statutes is renumbered 200.15 (1) (a) (intro.) and amended to read:

200.15 (1) (a) (intro.) Territory outside the district which becomes annexed for municipal purposes to a city or village, or is added to a town sanitary district under s. 60.785 (1), which, prior to the annexation or addition, is located entirely within the original district may be added to the district Except as provided in par. (b), upon receipt by the commission, and the regional planning commission of the region within which the district or the greatest portion of the district is located, of official notice from the city or, village that the municipal annexation has occurred, or from the town sanitary district that the addition has occurred, except that such territory shall be added under sub. (2) if, within 30 days after receipt of such notice, that regional planning commission files with the commission a written objection to any part of the annexation or addition or the commission issues a written determination disapproving the addition of the territory under this subsection. for any of the following territories:

(c) Failure of the commission to disapprove the addition of the territory under this subsection is subject to review under ch. 227.

55,3537p Section 3537p. 200.15 (1) (a) 1. of the statutes is created to read:

200.15 (1) (a) 1. Territory that is annexed to a city or village that is located entirely within the original district prior to the annexation.

55,3537r Section 3537r. 200.15 (1) (a) 2. of the statutes is created to read:

200.15 (1) (a) 2. Territory that is added to a town sanitary district under s. 60.785 (1) that is located entirely within the original district prior to the addition.

55,3537u Section 3537u. 200.15 (1) (a) 3. of the statutes is created to read:

200.15 (1) (a) 3. Territory that is annexed or attached to a city or village or added to a town sanitary district under s. 60.785 (1) if a portion of the city, village, or town sanitary district is located within a district that contains a 2nd class city with a population of 200,000 or more.

55,3537y Section 3537y. 200.15 (1) (b) of the statutes is created to read:

200.15 (1) (b) If, within 30 days after receipt of a notice under par. (a), the regional planning commission files with the commission a written objection to any part of the annexation or addition or the commission issues a written determination disapproving the addition of the territory, the territory proposed to be added or annexed under this subsection may be added or annexed only under sub. (2).

55,3539m Section 3539m. 200.35 (7) of the statutes is amended to read:

200.35 (7) Road alterations and traffic control. The commission may, in a manner acceptable to the department of transportation, excavate in or otherwise alter any state, county or municipal street, road, alley or public highway in the district for the purpose of constructing, maintaining and operating the sewerage system or to construct in the street, road, alley or public highway an interceptor or district sewer or any appurtenance thereof, without providing a bond. The commission shall notify the public authority that controls the street, road, alley or public highway at least 45 days prior to the date the commission intends to advertise for bids as to the location where the excavation or alteration will take place. The public authority shall prepare a reasonable traffic control plan and provide the plan to the commission within 30 days after receiving the notice. The commission shall pay a reasonable fee for development of the plan and shall include the plan in its bidding documents. The commission shall pay the costs of implementing the traffic control plan during the period of construction. Upon completing the work the commission shall restore the street, road, alley or public highway at its own expense to a condition as good as or better than existed before the commencement of the work.

55,3564b Section 3564b. 218.20 (1r) of the statutes is amended to read:

218.20 (1r) "Motor vehicle salvage dealer" means a person who purchases and resells motor vehicles for wrecking, processing, scrapping, recycling, or dismantling purposes or who carries on or conducts the business of wrecking, processing, scrapping, or dismantling motor vehicles or selling parts of motor vehicles so processed. Motor vehicle salvage dealer includes a motor vehicle scavenger.

55,3564e Section 3564e. 218.20 (1t) of the statutes is created to read:

218.20 (1t) "Motor vehicle scavenger" means a person who carries on or conducts the business of purchasing motor vehicles and reselling the vehicles to a motor vehicle salvage dealer or scrap metal processor.

55,3564h Section 3564h. 218.23 (title) of the statutes is amended to read:

218.23 (title) Licensee to maintain records; purchase and sale of vehicles by licensee.

55,3564L Section 3564L. 218.23 (1d) of the statutes is created to read:

218.23 (1d) No motor vehicle scavenger may acquire a motor vehicle by a bill of sale for the purpose of wrecking or junking the motor vehicle.

55,3564p Section 3564p. 218.23 (1g) of the statutes is created to read:

218.23 (1g) Before a licensed motor vehicle salvage dealer may acquire a motor vehicle for the purpose of wrecking or junking the motor vehicle, the dealer shall examine the certificate of title for the motor vehicle, or examine the title records of the department if the person transferring the motor vehicle is not in possession of the certificate of title, to determine whether there is any security interest in the motor vehicle. A licensed motor vehicle salvage dealer who demonstrates that the dealer has acted in accordance with this subsection is not liable for any damages incurred by a person who asserts a security interest in a motor vehicle and who is not named on the certificate of title of the vehicle.

55,3564r Section 3564r. 218.23 (1r) of the statutes is created to read:

218.23 (1r) No licensed motor vehicle salvage dealer may acquire a motor vehicle for the purpose of wrecking or junking the motor vehicle if the certificate of title for the motor vehicle identifies a holder of a security interest in the motor vehicle.

55,3564u Section 3564u. 218.23 (3) of the statutes is renumbered 218.23 (3) (a) and amended to read:

218.23 (3) (a) Any person violating this section sub. (1) or (2) may be fined not less than $25 nor more than $200 or imprisoned not more than 60 days or both.

55,3564y Section 3564y. 218.23 (3) (b) of the statutes is created to read:

218.23 (3) (b) Any person knowingly violating sub. (1d), (1g), or (1r) may be fined not more than $250 for a first offense, not more than $750 for a 2nd offense, and not more than $1,500 for a 3rd or subsequent offense. Each day on which a licensed motor vehicle salvage dealer knowingly violates sub. (1g) or (1r) constitutes a separate offense.

55,3570 Section 3570. 224.30 (5) of the statutes is created to read:

224.30 (5) Electronic filing. (a) In this subsection, "filing" means the submission to the department of any form, instrument, application, report, notice, or other information required or permitted to be submitted to the department for retention in the department's records.

(b) Subject to par. (c), the department may require any filing to be made electronically in a manner prescribed by the department. Subject to par. (c), if the department requires that a filing be made electronically, the department may require that any fee associated with the filing be paid using a suitable method prescribed by the department.

(c) The department may waive any requirement imposed under par. (b) if all of the following apply:

1. The person affected by the requirement makes a written request to the department, in a manner prescribed by the department, that the requirement be waived and clearly states in the request why the requirement causes the person undue hardship.

2. The department determines, in its discretion, that the requirement, if imposed on the person, would cause the person undue hardship.

55,3578 Section 3578. 227.01 (13) (Ln) of the statutes is repealed.

55,3578p Section 3578p. 227.01 (13) (Lp) of the statutes is created to read: