AB100: Bill Text

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AB100, s. 3135 Section 3135. 192.31 (title) of the statutes is repealed and recreated to read: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

AB100,1306,24 (c) The rules promulgated under par. (b) shall do all of the following:

AB100,1307,4 1. Allow a school district 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.

AB100,1307,6 2. Establish eligibility requirements for a school district to participate in the program established under par. (b).

AB100,1307,8 3. Establish specifications for a data line or video link that is provided to a school district under the program established under par. (b).

AB100,1307,11 4. Require a school district to pay the department not more than $250 per month for each data line or video link that is provided to the school district under the program established under par. (b).

AB100,1307,14 (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.

AB100,1307,19 (e) If the federal communications commission promulgates or modifies rules that provide rate discounts for telecommunications services to school districts 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).

AB100, s. 3151 Section 3151. 196.218 (5) (a) (intro.) of the statutes is amended to read:

AB100,1307,22 196.218 (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:

AB100, s. 3152 Section 3152. 196.218 (5) (a) 5. of the statutes is created to read:

AB100,1307,25 196.218 (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.

AB100, s. 3153 Section 3153. 196.218 (5) (b) of the statutes is amended to read:

AB100,1308,5 196.218 (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.

AB100, s. 3154 Section 3154. 196.218 (5m) of the statutes is amended to read:

AB100,1308,9 196.218 (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.

AB100, s. 3155 Section 3155. 196.218 (6) (b) of the statutes is amended to read:

AB100,1308,14 196.218 (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).

AB100, s. 3156 Section 3156. 196.36 (1r) of the statutes is created to read:

AB100,1308,18 196.36 (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.

AB100, s. 3157 Section 3157. 196.36 (2) of the statutes is amended to read:

AB100,1308,25 196.36 (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.

AB100, s. 3158 Section 3158 . 196.499 (1) of the statutes is amended to read:

AB100,1309,13 196.499 (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.

AB100, s. 3159 Section 3159. 196.856 of the statutes is repealed.

AB100, s. 3160 Section 3160. 196.857 (1m) (b) of the statutes is amended to read:

AB100,1309,19 196.857 (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).

AB100, s. 3161 Section 3161. 196.857 (2g) of the statutes is amended to read:

AB100,1309,25 196.857 (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.

AB100, s. 3162 Section 3162. 198.12 (2) of the statutes is amended to read:

AB100,1310,11 198.12 (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.

AB100, s. 3163 Section 3163. 213.10 (3) of the statutes is amended to read:

AB100,1310,16 213.10 (3) Each person on becoming a member of said the fire department shall be required to pay an initiation fee not exceeding fifty dollars and annual dues so long as the person remains a member, and that person shall be considered to become a member when that person's name is placed on the payroll of such the department.

AB100, s. 3164 Section 3164. 213.10 (5) of the statutes is amended to read:

AB100,1311,14 213.10 (5) The control and disposal of the funds, property and estate and the direction and management of all the concerns of such the corporation, under such directions and restrictions as may be imposed by the bylaws thereof of the corporation, shall be vested in a board of trustees to consist of a president, vice president, treasurer, secretary and executive committee of three 3, who shall be elected at such a time and place prescribed by the bylaws and elected by such the members of the corporation as shall by the bylaws thereof be who are entitled under the bylaws to vote at such the election. The officers so elected shall hold their respective offices for one year, unless the bylaws provide otherwise, and until their successors are elected and qualified; and such. The corporation may elect or appoint such other officers and for such term as for terms that its bylaws may prescribe. The officers of such the corporation shall give bonds for the faithful performance of their respective duties when required so to do by the laws thereof to do so under the bylaws. No person shall may be elected to or hold any office in such the corporation unless the person is in the active employment of the fire department of the city to which this section becomes effective, and if the person's employment with such city shall be terminated while holding the office of trustee or any other office of such corporation a member of the corporation. If a person is discharged from employment while holding an office in the corporation, the person's term of office shall thereupon be terminated terminate, and the members of such the corporation as shall, by the bylaws thereof, be who are entitled under the bylaws to vote, shall forthwith elect a successor.

AB100, s. 3165 Section 3165. 214.01 (1) (im) of the statutes is amended to read:

AB100,1311,16 214.01 (1) (im) "Division" means the division of savings and loan institutions.

AB100, s. 3166 Section 3166. 214.37 (4) (k) 1. of the statutes is amended to read:

AB100,1311,22 214.37 (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.

AB100, s. 3167 Section 3167. 214.495 (1) of the statutes is amended to read:

AB100,1312,3 214.495 (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.

AB100, s. 3168 Section 3168. 214.592 of the statutes is amended to read:

AB100,1312,8 214.592 Financially related services tie-ins. In any transaction conducted by a savings bank, a savings bank holding company or a subsidiary of either with a customer who is also a customer of any other subsidiary of any of them, the customer shall be given a notice in 12-point boldface type in substantially the following form:

AB100,1312,9 NOTICE OF RELATIONSHIP

AB100,1312,14 This company, .... (insert name and address of savings bank, savings bank holding company or subsidiary), is related to .... (insert name and address of savings bank, savings bank holding company or subsidiary) of which you are also a customer. You may not be compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction.

AB100,1312,19 If you feel that you have been compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction, you should contact the management of either of the above companies at either of the above addresses or the division of savings and loan institutions at .... (insert address).

AB100, s. 3169 Section 3169. 215.01 (6) of the statutes is amended to read: