AB100,1301,53
185.981
(4t) A sickness care plan operated by a cooperative association is
4subject to ss. 252.14, 631.89, 632.72 (2), 632.745, 632.747, 632.749, 632.87 (2m), (3),
5(4) and (5), 632.895 (10) and 632.897 (10) and
ch.
chs. 149 and 155.
AB100,1301,138
185.983
(1) (intro.) Every such voluntary nonprofit sickness care plan shall be
9exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41,
10601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.89, 631.93, 632.72
11(2), 632.745, 632.747, 632.749, 632.775, 632.79, 632.795, 632.87 (2m), (3), (4) and (5),
12632.895 (5), (9) and (10), 632.896 and 632.897 (10)
, subch. II of ch. 619 and chs. 609,
13630, 635, 645 and 646, but the sponsoring association shall:
AB100, s. 3135
14Section
3135. 192.31 (title) of the statutes is repealed and recreated to read:
AB100,1301,15
15192.31 (title)
Overhead structures.
AB100, s. 3136
16Section
3136. 192.31 (1) of the statutes is amended to read:
AB100,1301,2417
192.31
(1) Every railroad corporation shall maintain suitable telltales
18wherever any overhead structure or any part thereof is less than
23 22 feet above the
19top of rail; except that if the office finds that the installation of a telltale at any
20particular place would be impracticable or would result in an increased hazard to
21either the public or an employe and that either or both such factors outweigh the
22safety benefit which would result from the installation of a telltale, the office may
23enter an order providing an exemption from this section. The exemption shall be
24ordered by the office only after public hearing under sub. (4).
AB100, s. 3137
25Section
3137. 192.31 (3) of the statutes is amended to read:
AB100,1302,5
1192.31
(3) After
December 31, 1993 the effective date of this subsection ....
2[revisor inserts date], no overhead structure shall be constructed or reconstructed,
3not including ordinary repairs necessary for maintenance, which shall have a
4vertical clearance of less than
23 22 feet above the top rail, except as provided in sub.
5(4).
AB100, s. 3138
6Section
3138. 192.31 (5) of the statutes is amended to read:
AB100,1302,117
192.31
(5) Prior to July 1, in each year every corporation operating a railroad
8within the state shall file with the office a verified statement showing the location
9of every such bridge or other structure over any of its tracks at a height of less than
1023 22 feet above the top of rail, together with a statement showing whether or not
11the provisions of this section have been fully complied with.
AB100, s. 3139
12Section
3139. 195.28 (2) of the statutes is amended to read:
AB100,1302,1613
195.28
(2) Installation costs. The cost of any signal or other crossing
14protection device which is ordered installed under sub. (1) and the cost of installing
15any such device shall be paid by the department from the appropriations under s.
1620.395 (2)
(gg), (gr) and (gx).
AB100, s. 3140
17Section
3140. 195.60 (2) of the statutes is amended to read:
AB100,1303,1318
195.60
(2) The office shall annually, within 90 days after the close of each fiscal
19year, ascertain the total of its expenditures during such year which are reasonably
20attributable to the performance of its duties relating to railroads. For purposes of
21such calculation, 90% of the expenditures so determined shall be expenditures of the
22office and 10% of the expenditures so determined shall be expenditures for state
23government operations. The office shall deduct therefrom all amounts chargeable
24to railroads under sub. (1) and s. 184.10 (3)
, with the remaining balance being
25considered the remainder for purposes of this subsection. A sum
equal to the
1remainder plus 10% of the remainder shall be assessed by the office to the several
2railroads in proportion to their respective gross operating revenues during the last
3calendar year, derived from intrastate operations. Such assessment shall be paid
4within 30 days after the bill has been mailed to the several railroads, which bill shall
5constitute notice of assessment and demand of payment thereof. The total amount
6which
may shall be assessed to the railroads under authority of this subsection shall
7not exceed equal 1.75% of the total gross operating revenues of such railroads, during
8such calendar year, derived from intrastate operations.
Ninety percent of the The 9payment shall be
credited used first to credit to the appropriation account under s.
1020.155 (2) (g)
an amount equal to 90% of the remainder and then, after deducting the
11remainder, to credit any remaining balance to the appropriation account under s.
1220.395 (2) (gg). The railroads shall furnish such financial information as the office
13requires.
AB100, s. 3141
14Section
3141. 195.60 (5) of the statutes is amended to read:
AB100,1304,215
195.60
(5) No suit or proceeding shall be maintained in any court for the
16purpose of restraining or in any way delaying the collection or payment of any bill
17rendered under subs. (1) and (2). Every railroad against which a bill is rendered shall
18pay the amount thereof, and after such payment may in the manner herein provided,
19at any time within 2 years from the date the payment was made, sue the state in an
20action at law to recover the amount paid with legal interest thereon from the date
21of payment, upon the ground that the assessment was excessive, erroneous,
22unlawful or invalid in whole or in part. If it is finally determined in such action that
23any part of the bill for which payment was made was excessive, erroneous, unlawful
24or invalid, the state treasurer shall make a refund to the claimant as directed by the
1court, which shall be charged
on a prorated basis to the appropriations to the office
2and the department.
AB100, s. 3142
3Section
3142. 196.20 (5) (d) of the statutes is amended to read:
AB100,1304,194
196.20
(5) (d) If the commission does not conduct a hearing under this
5subsection, a proposed rate increase or change in a rate schedule becomes effective
6as proposed and any rates, tolls or charges under review under s. 196.215 (6) or (7)
7may not be altered unless the commission issues a final order no later than 150 days
8after the commission receives the application or receives the information under par.
9(b) 1g. and 1r. If the commission conducts a hearing, a proposed rate increase or
10change in a rate schedule becomes effective as proposed and any rates, tolls or
11charges under review under s. 196.215 (6) or (7) may not be altered unless the
12commission issues the final order no later than 180 days after the commission
13receives the application or receives the information under par. (b) 1g. and 1r. If the
14commission conducts a hearing, the hearing examiner may extend the time for
15issuing a final order up to 30 additional days. The commission and the small
16telecommunications utility may agree in writing to extend the time for issuing a final
17order.
Notwithstanding ss. 196.34 and 196.36 (2), the commission may require the
18small telecommunications utility to bear the expense of producing a transcript of a
19hearing conducted under this section.
AB100, s. 3143
20Section
3143. 196.20 (6) of the statutes is amended to read:
AB100,1305,621
196.20
(6) If a telecommunications utility that is not a small
22telecommunications utility and that has 150,000 or less access lines in use in this
23state files with the commission an application for a rate change that constitutes an
24increase in rates, the rate change becomes effective as proposed unless the
25commission issues the final order on the application no later than 180 days after the
1commission receives the application. The hearing examiner may extend the time for
2issuing a final order up to 30 additional days. The commission and the
3telecommunications utility may agree in writing to extend the time for issuing a final
4order.
Notwithstanding ss. 196.34 and 196.36 (2), the commission may require the
5telecommunications utility to bear the expense of producing a transcript of a hearing
6conducted under this subsection.
AB100, s. 3144
7Section
3144
. 196.202 (2) of the statutes is amended to read:
AB100,1305,168
196.202
(2) Scope of regulation. A cellular mobile radio telecommunications
9utility is not subject to ch. 184 or this chapter, except a cellular mobile radio
10telecommunications utility is subject to s. 196.218 (3) to the extent not preempted by
11federal law. If the application of s. 196.218 (3) to a cellular mobile radio
12telecommunications utility is not preempted, a cellular mobile radio
13telecommunications utility shall respond, subject to the protection of the cellular
14mobile radio telecommunications utility's competitive information, to all reasonable
15requests for information about its operations in this state from the commission
16necessary to
establish and administer the universal service fund.
AB100, s. 3145
17Section
3145. 196.218 (1) of the statutes is renumbered 196.218 (1) (intro.)
18and amended to read:
AB100,1305,1919
196.218
(1) (title)
Definition Definitions. (intro.) In this section
, "universal:
AB100,1305,22
20(c) "Universal service" includes the availability of a basic set of essential
21telecommunications services and access to advanced service capabilities of a modern
22telecommunications infrastructure anywhere in this state.
AB100, s. 3146
23Section
3146. 196.218 (1) (a) and (b) of the statutes are created to read:
AB100,1305,2524
196.218
(1) (a) "Board" means the technology for educational achievement in
25Wisconsin board.
AB100,1306,1
1(b) "Department" means the department of administration.
AB100, s. 3147
2Section
3147. 196.218 (1) (d) of the statutes is created to read:
AB100,1306,43
196.218
(1) (d) "Universal service fund" means the trust fund established
4under s. 25.95.
AB100, s. 3148
5Section
3148. 196.218 (2) (a) and (b) of the statutes are repealed.
AB100, s. 3149
6Section
3149. 196.218 (3) (a) 3. of the statutes is amended to read:
AB100,1306,137
196.218
(3) (a) 3. The commission shall designate the method by which the
8contributions under this paragraph shall be calculated and collected.
The method
9shall ensure that moneys in the universal service fund are sufficient to accomplish
10all of the purposes specified in sub. (5) (a). Contributions may be based only on the
11gross operating revenues from the provision of broadcast services identified by the
12commission under subd. 2. and on intrastate telecommunications services in this
13state of the telecommunications providers subject to the contribution.
AB100, s. 3150
14Section
3150. 196.218 (4r) of the statutes is created to read:
AB100,1306,1615
196.218
(4r) Educational telecommunications access program. (a) In this
16subsection:
AB100,1306,1817
1. "Data line" means a data transfer line that is capable of direct access to the
18internet and that has a speed of at least 1,544,000 bits per second.
AB100,1306,2019
2. "Video link" means a 2-way full motion interactive video link that has a
20speed of at least 44,763,000 bits per second.
AB100,1306,2321
(b) The commission, in consultation with the department and the board, shall
22promulgate rules establishing an educational telecommunications access program
23to provide school districts with access to data lines and video links.
AB100,1306,2424
(c) The rules promulgated under par. (b) shall do all of the following:
AB100,1307,4
11. Allow a school district to make a request to the board for access to either one
2data line or one video link, except that if a school district operates more than one high
3school the rules shall allow the school district to request access to both a data line
4and a video link and to request access to more than one data line or video link.
AB100,1307,65
2. Establish eligibility requirements for a school district to participate in the
6program established under par. (b).
AB100,1307,87
3. Establish specifications for a data line or video link that is provided to a
8school district under the program established under par. (b).
AB100,1307,119
4. Require a school district to pay the department not more than $250 per
10month for each data line or video link that is provided to the school district under the
11program established under par. (b).
AB100,1307,1412
(d) The commission shall submit an annual report to the board on the status
13of providing data lines and video links that are requested under par. (c) 1. and the
14impact on the universal service fund of any payment under sub. (5) (a) 5.
AB100,1307,1915
(e) If the federal communications commission promulgates or modifies rules
16that provide rate discounts for telecommunications services to school districts under
1747 USC 254, the governor shall submit a report to the joint committee on finance that
18includes any recommended changes to statutes or rules with respect to funding the
19program established under par. (b).
AB100, s. 3151
20Section
3151. 196.218 (5) (a) (intro.) of the statutes is amended to read:
AB100,1307,2221
196.218
(5) (a) (intro.) The commission shall
require that use the moneys in the
22universal service fund
be used only for any of the following purposes:
AB100, s. 3152
23Section
3152. 196.218 (5) (a) 5. of the statutes is created to read:
AB100,1307,2524
196.218
(5) (a) 5. To pay costs incurred under contracts under s. 16.974 (7) to
25the extent that these costs are not paid under sub. (4r) (c) 4.
AB100, s. 3153
1Section
3153. 196.218 (5) (b) of the statutes is amended to read:
AB100,1308,52
196.218
(5) (b) The commission shall promulgate rules to determine whether
3a telecommunications provider, the customers of a telecommunications provider or
4another person shall be assisted by the universal service fund for any use under par.
5(a)
1. to 4.
AB100, s. 3154
6Section
3154. 196.218 (5m) of the statutes is amended to read:
AB100,1308,97
196.218
(5m) Rule review. At Except for rules promulgated under sub. (4r) (b),
8at least biennially, the commission shall review and revise as appropriate rules
9promulgated under this section.
AB100, s. 3155
10Section
3155. 196.218 (6) (b) of the statutes is amended to read:
AB100,1308,1411
196.218
(6) (b) The universal service fund council shall advise the commission
12concerning the administration of this section and the content of rules promulgated
13under this section.
This paragraph does not apply to the administration of sub. (4r)
14and rules promulgated under sub. (4r) (b).
AB100, s. 3156
15Section
3156. 196.36 (1r) of the statutes is created to read:
AB100,1308,1816
196.36
(1r) Production expenses. The commission may require any party to
17an investigation or hearing to bear the expense of producing a transcript, audiotape
18or videotape that is related to the investigation or hearing.
AB100, s. 3157
19Section
3157. 196.36 (2) of the statutes is amended to read:
AB100,1308,2520
196.36
(2) Copies. A Upon request, the commission shall furnish a copy of a
21transcript under this section
shall be furnished on demand free of cost to any party
22to the investigation or hearing from which the transcript is taken
. Upon request, the
23commission and shall furnish a copy of an audiotape or videotape to any party to the
24investigation or hearing from which the audiotape or videotape is taken. The
25commission may charge a reasonable price for the
transcript or tape.
AB100, s. 3158
1Section
3158
. 196.499 (1) of the statutes is amended to read:
AB100,1309,132
196.499
(1) Scope. Notwithstanding any other provisions of this chapter, a
3telecommunications carrier is not subject to regulation under this chapter, except
4that a telecommunications carrier shall comply with the requirements of this
5section, shall be treated under ss. 196.209, 196.218 (8) and 196.219 (4d) as a
6telecommunications provider, under s. 196.85 as a telecommunications utility and
7under s. 196.858 as an interexchange telecommunications utility, may be assessed
8under s. 196.218 (3) as a telecommunications provider and shall respond, subject to
9the protection of the telecommunications carrier's competitive information, to all
10reasonable requests for information about its operations in this state from the
11commission necessary to
establish and administer the universal service fund. A
12telecommunications carrier may not be assessed in a manner that is inconsistent
13with this section.
AB100, s. 3160
15Section
3160. 196.857 (1m) (b) of the statutes is amended to read:
AB100,1309,1916
196.857
(1m) (b) The amount appropriated under s. 20.115
(8) (3) (j), less any
17fees received from farmers under sub. (2g) and credited to the appropriation
account 18under s. 20.115
(8) (3) (j). The amounts received under this paragraph shall be
19credited to the appropriation
made in account under s. 20.115
(8) (3) (j).
AB100, s. 3161
20Section
3161. 196.857 (2g) of the statutes is amended to read:
AB100,1309,2521
196.857
(2g) Farm service fees. The commission may charge reasonable fees
22not to exceed $300 per farm for services provided to farmers under this section. The
23fees shall be in accordance with a standardized schedule of fees established by the
24commission by rule. The fees collected under this subsection shall be credited to the
25appropriation account under s. 20.115
(8) (3) (j) in each fiscal year.
AB100, s. 3162
1Section
3162. 198.12 (2) of the statutes is amended to read:
AB100,1310,112
198.12
(2) Service of process on, personal injury claims, venue. The district
3shall sue or be sued in its corporate name and service of process upon the district
4shall be by service upon the chairperson of the board and the clerk of the district, but
5no action shall be brought or maintained against a district upon a claim or cause of
6action unless the claimant complies with s. 893.80. Compliance with s. 893.80 is not
7required under this subsection in actions commenced under s. 19.37
or, 19.97
or
8281.99. All actions by or against the district, except condemnation proceedings and
9actions to which the state or any officer or commission thereof is a party, shall be
10brought in the circuit court for the county in which its principal administrative office
11is located.
AB100, s. 3163
12Section
3163. 213.10 (3) of the statutes is amended to read:
AB100,1310,1613
213.10
(3) Each person on becoming a member of
said the fire department shall
14be required to pay an initiation fee
not exceeding fifty dollars and annual dues so long
15as the person remains a member, and that person shall be considered to become a
16member when that person's name is placed on the payroll of
such the department.
AB100, s. 3164
17Section
3164. 213.10 (5) of the statutes is amended to read:
AB100,1311,1418
213.10
(5) The control and disposal of the funds, property and estate and the
19direction and management of all the concerns of
such
the corporation, under such
20directions and restrictions as may be imposed by the bylaws
thereof of the
21corporation, shall be vested in a board of trustees to consist of a president, vice
22president, treasurer, secretary and executive committee of
three 3, who shall be
23elected at
such a time and place
prescribed by the bylaws and
elected by
such the 24members of the corporation
as shall by the bylaws thereof be who are entitled
under
25the bylaws to vote at
such the election. The officers so elected shall hold their
1respective offices for one year, unless the bylaws provide otherwise, and until their
2successors are elected and qualified
; and such. The corporation may elect or appoint
3such other officers
and for such term as for terms that its bylaws may prescribe. The
4officers of
such the corporation shall give bonds for the faithful performance of their
5respective duties when required
so to do by the laws thereof to do so under the
6bylaws. No person
shall may be elected to
or hold any office in
such the corporation
7unless the person is
in the active employment of the fire department of the city to
8which this section becomes effective, and if the person's employment with such city
9shall be terminated while holding the office of trustee or any other office of such
10corporation a member of the corporation. If a person is discharged from employment
11while holding an office in the corporation, the person's term of office shall
thereupon
12be terminated terminate, and the members of
such the corporation
as shall, by the
13bylaws thereof, be who are entitled
under the bylaws to vote
, shall
forthwith elect a
14successor.
AB100, s. 3165
15Section
3165. 214.01 (1) (im) of the statutes is amended to read:
AB100,1311,1616
214.01
(1) (im) "Division" means the division of savings
and loan institutions.
AB100, s. 3166
17Section
3166. 214.37 (4) (k) 1. of the statutes is amended to read:
AB100,1311,2218
214.37
(4) (k) 1. An affidavit stating that the person has standing under s.
19867.01 (3) or 867.02 (2) to petition for summary settlement or assignment of a
20decedent's estate or that the person is an heir
who
of the decedent, or was guardian,
21as defined in s. 880.01 (3), of the decedent at the time of the decedent's death, and 22may obtain transfer of property of a decedent under s. 867.03.
AB100, s. 3167
23Section
3167. 214.495 (1) of the statutes is amended to read:
AB100,1312,324
214.495
(1) A mortgage taken and recorded by a savings bank shall have
25priority over all liens, except tax and special assessment liens and liens under ss.
1292.31 (8) (i)
, 292.41 (6) (d) and 292.81, upon the mortgaged premises and the
2buildings and improvements thereon, that are filed after the recording of the
3mortgage.
AB100, s. 3168
4Section
3168. 214.592 of the statutes is amended to read:
AB100,1312,8
5214.592 Financially related services tie-ins. In any transaction conducted
6by a savings bank, a savings bank holding company or a subsidiary of either with a
7customer who is also a customer of any other subsidiary of any of them, the customer
8shall be given a notice in 12-point boldface type in substantially the following form:
AB100,1312,99
NOTICE OF RELATIONSHIP
AB100,1312,1410
This company, .... (insert name and address of savings bank, savings bank
11holding company or subsidiary), is related to .... (insert name and address of savings
12bank, savings bank holding company or subsidiary) of which you are also a customer.
13You may not be compelled to buy any product or service from either of the above
14companies or any other related company in order to participate in this transaction.
AB100,1312,1915
If you feel that you have been compelled to buy any product or service from
16either of the above companies or any other related company in order to participate
17in this transaction, you should contact the management of either of the above
18companies at either of the above addresses or the division of savings
and loan 19institutions at .... (insert address).
AB100, s. 3169
20Section
3169. 215.01 (6) of the statutes is amended to read:
AB100,1312,2121
215.01
(6) "Division" means the division of savings
and loan institutions.
AB100, s. 3170
22Section
3170. 215.02 (title) of the statutes is amended to read:
AB100,1312,23
23215.02 (title)
Division of savings and loan institutions.
AB100, s. 3171
24Section
3171. 215.141 of the statutes is amended to read: