1997 Wisconsin Act 27

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:

214.37 (4) (k) 1. An affidavit stating that the person has standing under s. 867.01 (3) or 867.02 (2) to petition for summary settlement or assignment of a decedent's estate or that the person is an heir who of the decedent, or was guardian, as defined in s. 880.01 (3), of the decedent at the time of the decedent's death, and may obtain transfer of property of a decedent under s. 867.03.

27,3167 Section 3167 . 214.495 (1) of the statutes is amended to read:

214.495 (1) A mortgage taken and recorded by a savings bank shall have priority over all liens, except tax and special assessment liens and liens under ss. 292.31 (8) (i), 292.41 (6) (d) and 292.81, upon the mortgaged premises and the buildings and improvements thereon, that are filed after the recording of the mortgage.

27,3172 Section 3172 . 215.21 (4) (a) of the statutes is amended to read:

215.21 (4) (a) All mortgages described in this section shall have priority over all liens, except tax and special assessment liens and liens under ss. 292.31 (8) (i), 292.41 (6) (d) and 292.81, upon the mortgaged premises and the buildings and improvements thereon, which shall be filed subsequent to the recording of such mortgage.

27,3173 Section 3173 . 215.26 (8) (e) 1. of the statutes is amended to read:

215.26 (8) (e) 1. Submits an affidavit stating that the person has standing under s. 867.01 (3) or 867.02 (2) to petition for summary settlement or assignment of a decedent's estate or that the person is an heir who of the decedent, or was guardian, as defined in s. 880.01 (3), of the decedent at the time of the decedent's death, and may obtain transfer of property of a decedent under s. 867.03; and

27,3183g Section 3183g. 217.13 of the statutes is amended to read:

217.13 (title) Other statutes statute applicable. Sections 220.037 and Section 220.06 apply applies to this chapter.

27,3183r Section 3183r. 218.01 (3) (g) of the statutes is amended to read:

218.01 (3) (g) Any person in interest aggrieved by a decision of the division of hearings and appeals or an order of the division of banking may have a review thereof as provided in ch. 227 or aggrieved by an order of the division of banking may have a review thereof as provided in s. 220.037.

27,3189 Section 3189 . 218.01 (7a) (a) of the statutes is amended to read:

218.01 (7a) (a) A motor vehicle may not be offered for sale by any motor vehicle dealer or motor vehicle salesperson unless the mileage on the motor vehicle is disclosed in writing by the transferor on the certificate of title or on a form or in an automated format authorized by the department of transportation to reassign the title to the dealer and the disclosure is subsequently shown to the retail purchaser by the dealer or salesperson prior to sale. The department of transportation may promulgate rules to exempt types of motor vehicles from this mileage disclosure requirement and shall promulgate rules for making the disclosure requirement on a form or in an automated format other than the certificate of title.

27,3200b Section 3200b. 218.02 (9) (a) of the statutes is amended to read:

218.02 (9) (a) The division may make such rules and require such reports as the division deems necessary for the enforcement of this section. Sections 217.17, 217.18 and 217.21 (1) and (2) apply to and are available for the purposes of this section. Orders of the division under this section are subject to review by the consumer credit review board under s. 220.037.

27,3209b Section 3209b. 218.04 (9) of the statutes is repealed.

27,3220b Section 3220b. 218.05 (13) of the statutes is repealed.

27,3242 Section 3242 . 218.33 (2) (b) of the statutes is amended to read:

218.33 (2) (b) For each motor vehicle offered for sale by a motor vehicle dealer, the transferring dealer shall provide the motor vehicle auction dealer with clear title or shall furnish title insurance at the time of the sale. For each motor vehicle sold at an auction, the motor vehicle auction dealer shall enter on the certificate of title, or on the form or in the automated format used to reassign the title, any information that the department requires to indicate that ownership of the vehicle was transferred through an auction sale.

27,3253 Section 3253 . 218.52 (3) of the statutes is amended to read:

218.52 (3) For each motor vehicle sold by a motor vehicle salvage pool, the motor vehicle salvage pool shall enter on the certificate of title, or on the form or in the automated format used to reassign the title, any information that the department requires to indicate that ownership of the vehicle was transferred by a motor vehicle salvage pool.

27,3254eb Section 3254eb. 220.02 (5) of the statutes is amended to read:

220.02 (5) Except as otherwise provided in s. 220.037 for acts and decisions of the division under chs. 138, 217 and 218, any interested person or any bank or banking corporation aggrieved by an act, order or determination of the division may, within 10 days from the date thereof, apply to the banking review board to review the same. All such applications for review shall be considered and disposed of as speedily as possible. The banking review board may require the division to submit any of the division's actions subject to such review to said board for its approval.

27,3254ec Section 3254ec. 220.035 (1) (a) of the statutes is amended to read:

220.035 (1) (a) The banking review board shall advise the division and others in respect to improvement in the condition and service of banks and banking business in this state and shall review the acts and decisions of the division with respect to banks, except for such acts and decisions subject to review under s. 220.037 of the division under chs. 138, 217 and 218, and shall perform such other review functions in relation to banking as are provided by law. The banking review board may require the division to submit any of the division's actions to it for its approval. The board may make rules of procedure as provided in ch. 227.

27,3254ed Section 3254ed. 220.037 of the statutes is repealed.

27,3254m Section 3254m. 221.0102 (4) (bm) of the statutes is created to read:

221.0102 (4) (bm) The bank's surplus.

27,3255 Section 3255 . 221.0303 (2) of the statutes is amended to read:

221.0303 (2) Operation and acquisition of customer bank communications terminals. A bank may, directly or indirectly, acquire, place and operate, or participate in the acquisition, placement and operation of, at locations other than its main or branch offices, customer bank communications terminals, in accordance with rules established by the division. The rules of the division shall provide that any such customer bank communications terminal shall be available for use, on a nondiscriminatory basis, by any state or national bank and by all customers designated by a bank using the terminal. This subsection does not authorize a bank which has its principal place of business outside this state to conduct banking business in this state. The customer bank communications terminals also shall be available for use, on a nondiscriminatory basis, by any credit union, savings and loan association or savings bank, if the credit union, savings and loan association or savings bank requests to share its use, subject to rules jointly established by the division of banking, the office of credit unions and the division of savings and loan. The division by order may authorize the installation and operation of a customer bank communications terminal in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.

27,3266b Section 3266b. 224.71 (1r) (b) 1. of the statutes is amended to read:

224.71 (1r) (b) 1. The Wisconsin housing and economic development authority, or a A bank, trust company, savings bank, savings and loan association, insurance company, or a land mortgage or farm loan association organized under the laws of this state or of the United States, when engaged in the transaction of business within the scope of its corporate powers as provided by law.

27,3266e Section 3266e. 224.71 (1r) (b) 1m. of the statutes is created to read:

224.71 (1r) (b) 1m. A community-based organization, as defined in s. 16.30 (1), or a housing authority, as defined in s. 16.30 (2).

27,3266g Section 3266g. 224.71 (1r) (b) 3. of the statutes is amended to read: