AB100: Bill Text

AB100,1294,9 165.85 (4) (d) The Except as provided in the memorandum of understanding under sub. (3m) (a), the board shall issue a certificate evidencing satisfaction of the requirements of pars. (b), (bn) and (c) to any applicant who presents such evidence, as is required by its rules, of satisfactory completion of requirements equivalent in content and quality to those fixed by the board under the board's authority as set out in pars. (b), (bn) and (c).

AB100, s. 3115 Section 3115. 165.85 (4) (f) of the statutes is amended to read:

AB100,1294,17 165.85 (4) (f) In Except as provided in the memorandum of understanding under sub. (3m) (a), and in addition to certification procedures under pars. (a) to (d), the board may certify any person as being a tribal law enforcement officer on the basis of the person's completion of the training requirements for law enforcement officer certification prior to May 6, 1994. The officer must also meet the agreement requirements under sub. (3) (c) prior to certification as a tribal law enforcement officer.

AB100, s. 3116 Section 3116. 165.87 (1) (c) of the statutes is amended to read:

AB100,1294,22 165.87 (1) (c) Of the balance of the moneys collected from penalty assessments under this section, 62.2% shall be credited to the appropriation account under s. 20.255 (2) 20.435 (3) (g) and the remainder shall be credited to the appropriation account under s. 20.255 (1) 20.435 (3) (hr).

AB100, s. 3117 Section 3117. 166.20 (7) (a) (intro.) of the statutes is amended to read:

AB100,1295,3 166.20 (7) (a) (intro.) The board shall establish, by rule, the following fees at levels designed to fund the board's administrative expenses and the grants under s. 166.21 and to repay the amount expended under s. 20.465 (3) (d):

AB100, s. 3118 Section 3118. 168.01 of the statutes is renumbered 168.01 (intro.) and amended to read:

AB100,1295,6 168.01 (title) Definition Definitions. (intro.) In this chapter "department":

AB100,1295,7 (1) "Department" means the department of commerce.

AB100, s. 3119 Section 3119. 168.01 (2) of the statutes is created to read:

AB100,1295,21 168.01 (2) "Supplier" includes a person who imports, or acquires immediately upon import, petroleum products by pipeline or marine vessel from a state, territory or possession of the United States or from a foreign country into a terminal and who is registered under 26 USC 4101 for tax-free transactions in gasoline. "Supplier" also includes a person who produces in this state; or imports into a terminal or bulk plant; or acquires immediately upon import by truck, railcar or barge into a terminal; alcohol or alcohol derivative products. "Supplier" also includes a person who produces, manufactures or refines petroleum products in this state. "Supplier" also includes a person who acquires petroleum products pursuant to an industry terminal exchange agreement. "Supplier" does not include a retail dealer or wholesaler who merely blends alcohol with gasoline before the sale or distribution of the product and does not include a terminal operator who merely handles in a terminal petroleum products consigned to the terminal operator.

AB100, s. 3120 Section 3120. 168.12 (1) of the statutes is amended to read:

AB100,1296,5 168.12 (1) Except as provided in subs. (1g) and (1r), there is imposed a petroleum inspection fee at the rate of 3 cents per gallon on all petroleum products that are received, as defined in s. 78.07, by a supplier, as defined in s. 78.005 (14), for sale in this state or for sale for export to this state. The department of revenue shall determine when a petroleum product is received under this subsection in the same manner that it determines under s. 78.07 when motor vehicle fuel is received. The fee shall be paid under s. 168.125 and shall be based on the number of gallons reported under s. 168.125.

AB100, s. 3121 Section 3121. 168.12 (6) of the statutes is created to read:

AB100,1296,11 168.12 (6) (a) Any person who purchases in this state general aviation fuel, as defined in s. 78.55 (3), from a supplier is eligible for an allowance of 2 cents for each gallon of general aviation fuel purchased in excess of 1,000,000 gallons per month. A person who purchases general aviation fuel for resale is not eligible for the allowance.

AB100,1296,15 (b) To receive an allowance, an eligible purchaser under par. (a) shall complete a claim upon a form that the department of revenue prescribes and furnishes and file the claim with the department of revenue not later than 12 months after the date of purchase of the general aviation fuel.

AB100,1296,25 (c) The department of revenue shall investigate the correctness and veracity of the representations in the claim and may require a claimant to submit records to substantiate the claim. The department of revenue shall either allow or deny a claim under this subsection not later than 60 days after the filing of the claim. If the department of revenue allows the claim, it shall pay the claimant the amount allowed from the moneys appropriated under s. 20.855 (4) (r). If the department of revenue does not pay the allowance by the 90th day after the date on which the purchaser files the claim, the department of revenue shall also pay interest on the unpaid claim beginning on that day, at the rate of 9% per year, from the moneys appropriated under s. 20.855 (4) (r).

AB100,1297,2 (d) If a purchaser negligently files a claim under this subsection that is inaccurate in whole or in part, the department of revenue shall:

AB100,1297,4 1. If the department of revenue has not paid the claim but has allowed a portion of the claim, reduce the allowance by 25%.

AB100,1297,10 2. If the department of revenue has paid the claim, require the purchaser to refund to the department of revenue that portion of the amount paid under par. (c) to which the purchaser is not entitled and impose a penalty on the purchaser equal to 25% of the allowance, plus interest on the sum of the unpaid penalty and the amount required to be refunded, accruing from the date that the penalty is imposed, at the rate of 12% per year.

AB100,1297,12 (e) If a purchaser files a fraudulent claim under this subsection, the department of revenue shall:

AB100,1297,16 1. If the claim has not been paid and the department of revenue allows no portion of the claim, impose a penalty on the purchaser equal to 50% of the amount claimed by the purchaser, plus interest on the unpaid penalty, accruing from the date that the penalty is imposed, at the rate of 12% per year.

AB100,1297,18 2. If the claim has not been paid and the department of revenue allows a portion of the claim, reduce the allowance by 50%.

AB100,1297,24 3. If the claim has been paid, require the purchaser to refund to the department of revenue that portion of the amount paid under par. (c) that the department of revenue determines was fraudulently obtained and impose a penalty on the purchaser equal to 50% of the amount claimed by the purchaser, plus interest on the sum of the unpaid penalty and the amount required to be refunded, accruing from the date that the penalty is imposed, at the rate of 12% per year.

AB100,1298,2 (f) Any person who knowingly signs or verifies a fraudulent claim under par. (e) may be fined not more than $500 or imprisoned for not more than 30 days or both.

AB100,1298,6 (g) Any person who knowingly aids, abets or assists another in making a fraudulent claim under par. (e) or in signing or verifying a fraudulent claim under par. (f) may be fined not more than $500 or imprisoned for not more than 30 days or both.

AB100,1298,11 (h) With respect to imposing a penalty and requiring a refund under par. (d), the department of revenue shall give notice to the purchaser within 4 years after the date that the claim was filed. The department of revenue may impose a penalty and require a refund under par. (e) when the department of revenue discovers the fraud committed.

AB100, s. 3122 Section 3122. 170.12 (3) (d) of the statutes is amended to read:

AB100,1298,15 170.12 (3) (d) Describe, in detail, the applicant's plans for the use and disposition of any logs raised, including any information necessary for or related to sub. (5).

AB100, s. 3123 Section 3123. 170.12 (3) (em) of the statutes is created to read:

AB100,1298,18 170.12 (3) (em) 1. If the applicant is an individual, provide the social security number of the applicant.

AB100,1298,21 2. The board may not disclose any information received under subd. 1. to any person except the department of industry, labor and job development in accordance with a memorandum of understanding under s. 49.857.

AB100, s. 3124 Section 3124. 170.12 (5) (intro.) of the statutes is renumbered 170.12 (5) and amended to read:

AB100,1299,5 170.12 (5) (title) Reservation of value; offset. The state reserves to itself 30% 20% of the appraised market value of any log raised pursuant to a permit issued under this section. Any applicant may, as part of the application under sub. (3), propose projects for the use of logs raised, and for the use of proceeds from logs raised and sold, as an offset to the state's share of the value of any logs raised. Any project proposed as the basis for an offset shall have demonstrated potential to do 2 or more of the following:

AB100, s. 3125 Section 3125. 170.12 (5) (a) to (c) of the statutes are repealed.

AB100, s. 3126 Section 3126. 170.12 (6) (d) of the statutes is repealed.

AB100, s. 3127 Section 3127. 170.12 (8) of the statutes is renumbered 170.12 (8) (a).

AB100, s. 3128 Section 3128. 170.12 (8) (b) of the statutes is created to read:

AB100,1299,15 170.12 (8) (b) 1. In the case of an applicant that is an individual, the board shall deny an application for an original or renewal permit if the applicant fails to provide the information required under sub. (3) (em) 1. or if the applicant fails to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

AB100,1299,20 2. In the case of a permit holder that is an individual, the board shall restrict or suspend any permit already granted if the permit holder fails to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857

AB100, s. 3129 Section 3129. 170.12 (9) of the statutes is amended to read:

AB100,1300,3 170.12 (9) Transfer of title. At such times as a permit holder tenders to the board any the amounts due under the state's reservation of value, pursuant to the terms and conditions of the permit, title to any logs covered by such tender shall pass to the permit holder. If the permit provides for an offset under sub. (6) (d), the board shall issue written findings at the conclusion of the term of the permit which describe the board's findings regarding compliance with the term of the permit and establish the proportion of the authorized offset to which the permit holder is entitled.

AB100, s. 3130 Section 3130. 175.35 (2k) (bm) of the statutes is created to read:

AB100,1300,7 175.35 (2k) (bm) Notwithstanding par. (ar), the department of justice shall provide information from any record under this section in response to a request for information made under s. 49.22 (2m).

AB100, s. 3131 Section 3131. 175.35 (2k) (i) of the statutes is amended to read:

AB100,1300,10 175.35 (2k) (i) The department of justice may not charge a fee for any services that the department provides under pars. (c) (bm) to (j).

AB100, s. 3132 Section 3132. 182.028 of the statutes is amended to read:

AB100,1300,24 182.028 School corporations. Any corporation formed for the establishment and maintenance of schools, academies, seminaries, colleges or universities or for the cultivation and practice of music shall have power to enact bylaws for the protection of its property, and provide fines as liquidated damages upon its members and patrons for violating the bylaws, and may collect the same in tort actions, and to prescribe and regulate the courses of instruction therein, and to confer such degrees and grant such diplomas as are usually conferred by similar institutions or as shall be appropriate to the courses of instruction prescribed, except that no corporation shall operate or advertise a school that is subject to s. 38.51 39.51 (10) without complying with the requirements of s. 38.51 39.51. Any stockholder may transfer his or her stock to the corporation for its use; and if the written transfer so provides the stock shall be perpetually held by the board of directors with all the rights of a stockholder, including the right to vote.

AB100, s. 3133 Section 3133. 185.981 (4t) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB100,1301,5 185.981 (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, 632.749, 632.87 (2m), (3), (4) and (5), 632.895 (10) and 632.897 (10) and ch. chs. 149 and 155.

AB100, s. 3134 Section 3134. 185.983 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB100,1301,13 185.983 (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, 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:

AB100, s. 3135 Section 3135. 192.31 (title) of the statutes is repealed and recreated to read:

AB100,1301,15 192.31 (title) Overhead structures.

AB100, s. 3136 Section 3136. 192.31 (1) of the statutes is amended to read:

AB100,1301,24 192.31 (1) Every railroad corporation shall maintain suitable telltales wherever any overhead structure or any part thereof is less than 23 22 feet above the top of rail; except that if the office finds that the installation of a telltale at any particular place would be impracticable or would result in an increased hazard to either the public or an employe and that either or both such factors outweigh the safety benefit which would result from the installation of a telltale, the office may enter an order providing an exemption from this section. The exemption shall be ordered by the office only after public hearing under sub. (4).

AB100, s. 3137 Section 3137. 192.31 (3) of the statutes is amended to read:

AB100,1302,5 192.31 (3) After December 31, 1993 the effective date of this subsection .... [revisor inserts date], no overhead structure shall be constructed or reconstructed, not including ordinary repairs necessary for maintenance, which shall have a vertical clearance of less than 23 22 feet above the top rail, except as provided in sub. (4).

AB100, s. 3138 Section 3138. 192.31 (5) of the statutes is amended to read:

AB100,1302,11 192.31 (5) Prior to July 1, in each year every corporation operating a railroad within the state shall file with the office a verified statement showing the location of every such bridge or other structure over any of its tracks at a height of less than 23 22 feet above the top of rail, together with a statement showing whether or not the provisions of this section have been fully complied with.

AB100, s. 3139 Section 3139. 195.28 (2) of the statutes is amended to read:

AB100,1302,16 195.28 (2) Installation costs. The cost of any signal or other crossing protection device which is ordered installed under sub. (1) and the cost of installing any such device shall be paid by the department from the appropriations under s. 20.395 (2) (gg), (gr) and (gx).

AB100, s. 3140 Section 3140. 195.60 (2) of the statutes is amended to read:

AB100,1303,13 195.60 (2) The office shall annually, within 90 days after the close of each fiscal year, ascertain the total of its expenditures during such year which are reasonably attributable to the performance of its duties relating to railroads. For purposes of such calculation, 90% of the expenditures so determined shall be expenditures of the office and 10% of the expenditures so determined shall be expenditures for state government operations. The office shall deduct therefrom all amounts chargeable to railroads under sub. (1) and s. 184.10 (3), with the remaining balance being considered the remainder for purposes of this subsection. A sum equal to the remainder plus 10% of the remainder shall be assessed by the office to the several railroads in proportion to their respective gross operating revenues during the last calendar year, derived from intrastate operations. Such assessment shall be paid within 30 days after the bill has been mailed to the several railroads, which bill shall constitute notice of assessment and demand of payment thereof. The total amount which may shall be assessed to the railroads under authority of this subsection shall not exceed equal 1.75% of the total gross operating revenues of such railroads, during such calendar year, derived from intrastate operations. Ninety percent of the The payment shall be credited used first to credit to the appropriation account under s. 20.155 (2) (g) an amount equal to 90% of the remainder and then, after deducting the remainder, to credit any remaining balance to the appropriation account under s. 20.395 (2) (gg). The railroads shall furnish such financial information as the office requires.

AB100, s. 3141 Section 3141. 195.60 (5) of the statutes is amended to read:

AB100,1304,2 195.60 (5) No suit or proceeding shall be maintained in any court for the purpose of restraining or in any way delaying the collection or payment of any bill rendered under subs. (1) and (2). Every railroad against which a bill is rendered shall pay the amount thereof, and after such payment may in the manner herein provided, at any time within 2 years from the date the payment was made, sue the state in an action at law to recover the amount paid with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful or invalid in whole or in part. If it is finally determined in such action that any part of the bill for which payment was made was excessive, erroneous, unlawful or invalid, the state treasurer shall make a refund to the claimant as directed by the court, which shall be charged on a prorated basis to the appropriations to the office and the department.

AB100, s. 3142 Section 3142. 196.20 (5) (d) of the statutes is amended to read:

AB100,1304,19 196.20 (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.

AB100, s. 3143 Section 3143. 196.20 (6) of the statutes is amended to read:

AB100,1305,6 196.20 (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.

AB100, s. 3144 Section 3144 . 196.202 (2) of the statutes is amended to read:

AB100,1305,16 196.202 (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.

AB100, s. 3145 Section 3145. 196.218 (1) of the statutes is renumbered 196.218 (1) (intro.) and amended to read:

AB100,1305,19 196.218 (1) (title) Definition Definitions. (intro.) In this section , "universal:

AB100,1305,22 (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.

AB100, s. 3146 Section 3146. 196.218 (1) (a) and (b) of the statutes are created to read:

AB100,1305,25 196.218 (1) (a) "Board" means the technology for educational achievement in Wisconsin board.

AB100,1306,1 (b) "Department" means the department of administration.

AB100, s. 3147 Section 3147. 196.218 (1) (d) of the statutes is created to read:

AB100,1306,4 196.218 (1) (d) "Universal service fund" means the trust fund established under s. 25.95.

AB100, s. 3148 Section 3148. 196.218 (2) (a) and (b) of the statutes are repealed.

AB100, s. 3149 Section 3149. 196.218 (3) (a) 3. of the statutes is amended to read:

AB100,1306,13 196.218 (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 moneys in the universal service fund are sufficient to accomplish all of the purposes specified in sub. (5) (a). 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.

AB100, s. 3150 Section 3150. 196.218 (4r) of the statutes is created to read:

AB100,1306,16 196.218 (4r) Educational telecommunications access program. (a) In this subsection:

AB100,1306,18 1. "Data line" means a data transfer line that is capable of direct access to the internet and that has a speed of at least 1,544,000 bits per second.

AB100,1306,20 2. "Video link" means a 2-way full motion interactive video link that has a speed of at least 44,763,000 bits per second.

AB100,1306,23 (b) The commission, in consultation with the department and the board, shall promulgate rules establishing an educational telecommunications access program to provide school districts with access to data lines and video links.