Wisconsin Legislature: 150,624

150,614 Section 614. 66.949 of the statutes is renumbered 66.0133, and 66.0133 (1) (c) and (3), as renumbered, are amended to read:

66.0133 (1) (c) "Performance contract" means a contract for the evaluation and recommendation of energy conservation and facility improvement measures, and for the implementation of one or more such of these measures.

(3) Notice. Notwithstanding ss. 27.065 (5) (a), 30.32, 38.18, 43.17 (9) (a), 59.52 (29) (a), 59.70 (11), 60.47 (2) to (4), 60.77 (6) (a), 61.55, 61.56, 61.57, 62.15 (1), 62.155, 66.24 (5) (d), 66.299 (2), 66.431 (5) (a) 2., 66.47 (11), 66.505 (10), 66.508 (10) and 66.904 (2) 66.0131 (2), 66.0923 (10), 66.0925 (10), 66.0927 (11), 66.1333 (5) (a) 2., 200.11 (5) (d) and 200.47 (2), before entering into a performance contract under this section, a local governmental unit shall solicit bids or competitive sealed proposals from qualified providers. A local governmental unit may only enter into a performance contract if the contract is awarded by the governing body of the local governmental unit. The governing body shall give at least 10 days' notice of the meeting at which the body intends to award a performance contract. The notice shall include a statement of the intent of the governing body to award the performance contract, the names of all potential parties to the proposed performance contract, and a description of the energy conservation and facility improvement measures included in the performance contract. At the meeting, the governing body shall review and evaluate the bids or proposals submitted by all qualified providers and may thereafter award the performance contract to the qualified provider that best meets the needs of the local governmental unit, which need not be the lowest cost provider.

150,615 Section 615. 66.95 of the statutes is renumbered 66.0431 and amended to read:

66.0431 Prohibiting operators from leaving keys in parked motor vehicles. The governing body of any a city, village or town may by ordinance require every passenger motor vehicle to be equipped with a lock suitable to lock either the starting lever, throttle, steering apparatus, gear shift lever or ignition system; prohibit any person from permitting a motor vehicle in the person's custody from standing or remaining unattended on any street, road, or alley or in any other public place, except an attended parking area, unless either the starting lever, throttle, steering apparatus, gear shift or ignition of the vehicle is locked and the key for that lock is removed from the vehicle; and provide forfeitures for such violations. The foregoing provisions shall of the ordinance. This section does not apply to motor vehicles operated by common carriers of passengers under ch. 194.

150,616 Section 616. 66.955 of the statutes is renumbered 23.235, and 23.235 (3), as renumbered, is amended to read:

23.235 (3) The department of natural resources may conduct research on the control of nuisance weeds. The secretaries of natural resources and of agriculture, trade and consumer protection may authorize any person to plant or cultivate nuisance weeds for the purpose of controlled experimentation.

150,617 Section 617 . 66.96 (title) and (1) of the statutes are renumbered 66.0407 (title) and (1) (intro.), and 66.0407 (1) (intro.), as renumbered, are amended to read:

66.0407 (1) (intro.) The term "destroy" In this section:

(a) "Destroy" means the complete killing of weeds or the killing of weed plants above the surface of the ground by the use of chemicals, cutting, tillage, cropping system, pasturing livestock, or any or all of these in effective combination, at such a time and in such a manner as will effectually prevent such the weed plants from maturing to the bloom or flower stage.

150,618 Section 618. 66.96 (2) of the statutes is renumbered 66.0407 (1) (b) and amended to read:

66.0407 (1) (b) The term "noxious weeds" as used in this chapter includes the following: "Noxious weed" means Canada thistle, leafy spurge and field bindweed (creeping Jenny) and any other such weeds as weed the governing body of any municipality or the county board of any county by ordinance or resolution declares to be noxious within its respective boundaries.

150,619 Section 619. 66.96 (3) to (5) of the statutes are renumbered 66.0407 (3) to (5), and 66.0407 (3), as renumbered, is amended to read:

66.0407 (3) Every A person owning, occupying or controlling land shall destroy all noxious weeds on all lands which the person shall own, occupy or control the land. The person having immediate charge of any public lands shall destroy all noxious weeds on such the lands. The highway patrolman on all federal, state or county trunk highways shall destroy all noxious weeds on that portion of the highway which that highway patrolman patrols. The town board shall cause to be destroyed is responsible for the destruction of all noxious weeds on the town highways.

150,620 Section 620 . 66.97 to 66.99 of the statutes are repealed.

Note: Restated as s. 66.0517, with minor amendments. See Section 154.

150,621 Section 621. 67.01 (9) (h) of the statutes is amended to read:

67.01 (9) (h) To contractor's certificates, general obligation-local improvement bonds or special assessment B bonds issued pursuant to s. 66.54 under s. 66.0713 except as therein specified provided in that section or to general obligation-local improvement bonds issued under s. 67.16, except as provided in that section.

150,622 Section 622. 67.05 (5) (b) of the statutes is amended to read:

67.05 (5) (b) No city or village may issue any bonds for any purposes other than for water systems, lighting works, gas works, bridges, street lighting, street improvements, street improvement funding, hospitals, airports, harbor improvements, river improvements, breakwaters and protection piers, sewerage, garbage disposal, rubbish or refuse disposal, any combination of sewage, garbage or refuse or rubbish disposal, parks and public grounds, swimming pools and band shells thereon, veterans housing projects, paying the municipality's portion of the cost of abolishing grade crossings, for the construction of police facilities and combined fire and police safety buildings, for the purchase of sites for engine houses, for fire engines and other equipment of the fire department, for construction of engine houses, and for pumps, water mains, reservoirs and all other reasonable facilities for fire protection apparatus or equipment for fire protection, for parking lots or other parking facilities, for school purposes, for libraries, for buildings for the housing of machinery and equipment, for acquiring and developing sites for industry and commerce as will expand the municipal tax base, for financing the cost of low-interest mortgage loans under s. 66.38 62.237, for providing financial assistance to blight elimination, slum clearance, community development, redevelopment and urban renewal programs and projects under ss. 66.405 66.1105, 66.1301 to 66.425, 66.43, 66.431, 66.4325, 66.435 and 66.46 66.1329 and 66.1331 to 66.1337 or for university University of Wisconsin system System college campuses, as defined in s. 36.05 (6m), until the proposition for their issue for the special purpose thereof has been submitted to the electors of the city or village and adopted by a majority vote. Except as provided under sub. (15), if the common council of any a city or the village board of any a village declares its purpose to raise money by issuing bonds for any purpose other than those above specified in this subsection, it shall direct by resolution, which shall be recorded at length in the record of its proceedings, the clerk to call a special election for the purpose of submitting the question of bonding to the city or village electors. If a number of electors of a city or village equal to at least 15% of the votes cast for governor at the last general election in their city or village sign and file a petition conforming to the requirements of s. 8.40 with the city or village clerk requesting submission of the resolution, the city or village may not issue bonds for financing the cost of low-interest mortgage loans under s. 66.38 62.237 without calling a special election to submit the question of bonding to the city or village electors for their approval.

150,623 Section 623 . 67.16 of the statutes is created to read:

67.16 General obligation-local improvement bonds. (1) In this section:

(a) "Debt service fund" means the fund, however derived, set aside for the payment of principal and interest on bonds issued under this section.

(b) "Governing body" means the body or board vested by statute with the power to levy special assessments for public improvement.

(c) "Local governmental unit" means a county, city, village, town, farm drainage board, sanitary district, utility district, public inland lake protection and rehabilitation district or any other public board, commission or district, except a 1st class city, authorized by law to levy special assessments for public improvements against the property benefited by the special improvements.

(d) "Public improvement" means the result of the performance of work or the furnishing of materials or both, for which special assessments are authorized to be levied against the property benefited by the special assessment.

(2) (a) For the purpose of anticipating the collection of special assessments payable in instalments under s. 66.0621 (3), the governing body of a local governmental unit, after the instalments have been determined, may issue general obligation-local improvement bonds under this section.

(3) After the expiration of 90 days from the date of a general obligation-local improvement bond, the bond is conclusive evidence of the legality of all proceedings up to and including the issue of the bond and prima facie evidence of the proper construction of the improvement.

Note: Provisions of s. 66.54 relating to general obligation-local improvement bonds are relocated to ch. 67, relating to general obligation debt. See also Section 518 of this bill.

150,624 Section 624. 70.11 (18) of the statutes is amended to read:

70.11 (18) Housing. Property of housing authorities exempt from taxation under ss. 66.39 (9) and 66.40 (22) s. 66.1201 (22).

150,625 Section 625. 74.53 (1) (b) of the statutes is amended to read:

74.53 (1) (b) The cost of razing and removing property and restoring the site to a dust-free and erosion-free condition incurred under s. 66.05 (2), (5), (8) (bg) or (10) 66.0413 (1) (br) 2., (f), (g) or (i), (2) (d) or (4) or of filling an excavation incurred under s. 66.05 (6) 66.0427 if the person owned the property when the property was razed and removed and the site restored or the excavation was filled.

150,626 Section 626. 85.20 (3) (b) 4. of the statutes is amended to read:

85.20 (3) (b) 4. The eligible applicant complies with any applicable provisions of ss. 59.58 (2) (j) 2., (k) 2. and (L) and (3) (h) 2. and (j), 66.94 (30m) and 66.943 66.1021 (10) (b), (11) (b) and (12) with respect to limitation on service.

150,627 Section 627. 87.01 (7) of the statutes is amended to read:

87.01 (7) "Public service corporation" means any corporation specified in s. 200.01 201.01.

150,628 Section 628. 103.49 (1) (d), (3) (a) and (b), (4r), (5) (a) and (b), (6m) (a) to (e) and (7) (a) and (d) of the statutes are amended to read:

103.49 (1) (d) "Prevailing 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for a majority of the hours worked in the trade or occupation on projects in the area, or if.

2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, then the "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area shall be means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation.

(3) (a) Before bids are asked for any work to which this section applies, the state agency having the authority to prescribe the specifications shall apply to the department to determine the prevailing wage rate and prevailing hours of labor for each trade or occupation required in the work under contemplation in the area in which the work is to be done. The department shall make such investigations and hold such public hearings as may be necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates and prevailing hours of labor in all areas of the state for those trades or occupations, with a view to ascertaining the prevailing wage rate and prevailing hours of labor for each such trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the same determination with the requesting state agency applying therefor. For the information of the employes working on the project, the prevailing wage rates and prevailing hours of labor determined by the department and the provisions of subs. (2) and (6m) shall be kept posted by the state agency in at least one conspicuous and easily accessible place on the site of the project.

(b) Any person may request a recalculation of any portion of a determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate or prevailing hours of labor for any given trade or occupation included in the initial determination does not represent the prevailing wage rate or prevailing hours of labor for that trade or occupation in the area. Such The evidence shall include wage rate and hours of labor information for work performed in the contested trade or occupation in the area within the previous 12 months. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.

(4r) Compliance. (a) When the department finds that a state agency has not requested a determination under sub. (3) (a) or that a state agency, contractor or subcontractor has not physically incorporated a determination into a contract or subcontract as required under sub. (2) or has not notified a minor subcontractor of a determination in the manner prescribed by the department by rule promulgated under sub. (2), the department shall notify the state agency, contractor or subcontractor of such the noncompliance and shall file the determination with the state agency, contractor or subcontractor within 30 days after such notice.

(b) Upon completion of a project and before receiving final payment for his or her work on the project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until such an the affidavit is filed in proper form and order.

(c) Upon completion of a project and before receiving final payment for his or her work on the project, each contractor shall file with the state agency authorizing the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under par. (b) from each of the contractor's agents and subcontractors. A state agency may not authorize a final payment until such an the affidavit is filed in proper form and order. If a state agency authorizes a final payment before such an affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person specified in sub. (2m) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the state agency withhold all or part of the final payment, but the state agency fails to do so, the state agency is liable for all back wages payable up to the amount of the final payment.

(5) (a) Each contractor, subcontractor or contractor's or subcontractor's agent thereof performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid therefor for the hours worked.

(b) It shall be the duty of the department to enforce this section. To this end it may demand and examine, and it shall be the duty of every contractor, subcontractor and contractor's and subcontractor's agent thereof to shall keep, and furnish to upon request by the department, copies of payrolls and other records and information relating to the wages paid to persons described in sub. (2m) for work to which this section applies. The department may inspect records in the manner provided in this chapter and chs. 104 to 106.Every contractor, subcontractor or agent performing work on a project that is subject to this section is subject to the requirements of ch. 101 relating to the examination of records. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

(6m) (a) Except as provided in pars. (b), (d) and (f), any contractor, subcontractor or contractor's or subcontractor's agent thereof who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that any such a violation continues shall be considered is a separate offense.

(b) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to give up, waive or return any part of the wages to which the individual is entitled under the contract governing such the project, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project that is not subject to this section during a week in which the employe works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from such employment or by any other means is guilty of an offense under s. 946.15 (1).

(c) Any person employed on a project that is subject to this section who knowingly permits a contractor, subcontractor or contractor's or subcontractor's agent thereof to pay him or her less than the prevailing wage rate set forth in the contract governing such the project, who gives up, waives or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2).

(d) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the individual is entitled under the contract governing such the project to be deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 276c.

(e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing such the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.

(7) (a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies and to the University of Wisconsin Hospitals and Clinics Authority a list of all persons whom the department has found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under sub. (3) at any time in the preceding 3 years. The department shall include with any such name the address of such the person and shall specify when such the person failed to pay the prevailing wage rate and when such the person paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. A state agency or the University of Wisconsin Hospitals and Clinics Authority may not award any contract to such the person unless otherwise recommended by the department or unless 3 years have elapsed from the date the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.

(d) Any person submitting a bid on a project that is subject to this section shall be required, on the date the person submits the bid, to identify any construction business in which the person, or a shareholder, officer or partner of the person, if the person is a business, owns, or has owned at least a 25% interest on the date the person submits the bid or at any other time within 3 years preceding the date the person submits the bid, if the business has been found to have failed to pay the prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under sub. (3).

Note: For consistency, s. 103.49 (prevailing wage rates for state building projects) is amended to make editorial changes that parallel those made to current s. 66.293 (prevailing wage rates for municipalities) by Section 335.

150,629 Section 629. 103.50 (1) (d), (7) (a) to (e) and (8) of the statutes are amended to read:

103.50 (1) (d) "Prevailing 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly, for a majority of the hours worked in the trade or occupation in the area, or if.

2. If there is no rate at which a majority of the hours worked in the trade or occupation in the area is paid, then the prevailing wage rate shall be "prevailing wage rate" means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation in that area.

(7) (a) Except as provided in pars. (b), (d) and (f), any contractor, subcontractor or contractor's or subcontractor's agent thereof who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that any such a violation continues shall be considered is a separate offense.

(e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing such the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 276c.

(8) Enforcement and prosecution. The department of transportation shall require adherence to subs. (2) and (6). The department of transportation may demand and examine, and it shall be the duty of every contractor, subcontractor and contractor's or subcontractor's agent thereof to shall keep and furnish to upon request by the department of transportation, copies of payrolls and other records and information relating to the wages paid to persons described in sub. (2m) for work to which this section applies. Upon request of the department of transportation or upon complaint of alleged violation, the district attorney of the county in which the work is located shall make such investigation investigate as necessary and prosecute violations in a court of competent jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

Note: For consistency, s. 103.50 (prevailing wage rates for state highway projects) is amended to make editorial changes that parallel those made to current s. 66.293 (prevailing wage rates for municipalities) by Section 335.

150,630 Section 630. 117.132 (1m) (a) of the statutes is amended to read:

117.132 (1m) (a) "Annexed" means annexed or attached under s. 66.021, 66.022, 66.023, 66.024, 66.025 or 66.027 66.0217, 66.0219, 66.0221, 66.0223, 66.0225, 66.0227 or 66.0307.

150,631 Section 631. 119.04 (1) of the statutes, as affected by 1997 Wisconsin Act 77 and 1999 Wisconsin Act 9, is amended to read:

119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34) and (35) and, 120.14 and 120.25 are applicable to a 1st class city school district and board.

150,632 Section 632. 120.25 (title) of the statutes is created to read:

120.25 (title) School board cooperation in acquiring school facilities.

150,633 Section 633. 182.025 (1) of the statutes is amended to read:

182.025 (1) Any domestic corporation formed to furnish water, heat, light, power, telegraph or telecommunications service or signals by electricity may, subject to the provisions of ch. 200 201 and by an affirmative vote of at least two-thirds of its outstanding shares entitled to vote thereon, or any cooperative association organized under ch. 185 to furnish water, heat, light, power, telegraph or telecommunications service to its stockholders or members only may, by a vote of a majority of a quorum of its stockholders or members present at any regular or special meeting held upon due notice as to the purpose of the meeting or when authorized by the written consent of the holders of a majority of its capital stock outstanding and entitled to vote or of a majority of its members, mortgage or trust deed any or all of the property, rights and privileges and franchises that it may then own or thereafter acquire, to secure the payment of its bonds or notes to a fixed amount or in amounts to be from time to time determined by the board of directors, and may, in and by such mortgage or deed of trust, provide for the disposal of any of its property and the substitution of other property in its place. Every such mortgage or deed of trust may be recorded in the office of the register of deeds of the county in which such corporation is located at the time of such recording, and such record shall have the same effect as if the instrument were filed in the proper office as a chattel mortgage or financing statement, and so remain until satisfied or discharged without any further affidavit, continuation statement or proceeding whatever. For this purpose the location of such corporation shall be deemed to be: as to a corporation or a cooperative association not at the time subject to either s. 180.0501 or 185.08, the location designated in its articles as then in effect; as to a corporation subject to s. 180.0501, the location of its registered office; and as to a cooperative association subject to s. 185.08, the location of its principal office or registered agent as designated thereunder.

150,634 Section 634. 182.031 (2) of the statutes is amended to read:

182.031 (2) Powers; place of business. Every such corporation shall possess all the rights and powers conferred upon corporations by chs. 180 and 200 201. It may have its principal place of business without the state. If its principal place of business is outside the state, process in actions against it may be served as provided in s. 180.1510 for service on a foreign stock corporation authorized to transact business in this state.

150,635 Section 635. 182.70 (9) (a) of the statutes is amended to read:

182.70 (9) (a) The company may, after certification from the commission according to the procedures under ss. 200.03 and 200.04 201.03 and 201.04, issue bonds or other obligations secured by pledge, assignment, mortgage or trust deed of its property.

150,636 Section 636. 182.71 (7) (c) of the statutes is amended to read:

182.71 (7) (c) The company may, after certification from the commission according to the procedures under ss. 200.03 and 200.04 201.03 to 201.04, issue capital stock or negotiable bonds. The money received by the company upon account of capital stock or sale of its negotiable bonds shall be used to pay the original cost of purchase, construction or improvement of the reservoir system. All tolls collected under sub. (5) shall be applied only to the payment of cost of maintenance and operation of the system and payment of the net return on capital so that the capital stock and bonds of the corporation shall be maintained at par value at all times.

150,637 Section 637. 195.60 (2) of the statutes is amended to read:

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. 200.10 201.10 (3). 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 be assessed to the railroads under authority of this subsection shall not exceed 1.75% of the total gross operating revenues of such railroads, during such calendar year, derived from intrastate operations. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (2) (g). The railroads shall furnish such financial information as the office requires.

150,638 Section 638. 196.02 (7) of the statutes is amended to read:

196.02 (7) Commission initiative. In any matter within its jurisdiction, including, but not limited to, chs. 197 and 200 201 and this chapter, the commission may initiate, investigate and order a hearing at its discretion upon such notice as it deems proper.

150,639 Section 639. 196.195 (1) of the statutes is amended to read:

196.195 (1) Regulation imposed. Except as provided in this section and ss. 196.202, 196.203, 196.215 and 196.219, a telecommunications utility is subject to every applicable provision of this chapter and ch. 200 201.

150,640 Section 640. 196.195 (5) of the statutes is amended to read:

196.195 (5) Commission action. If after the proceedings under subs. (2), (3) and (4) the commission has determined that effective competition exists in the market for the telecommunications service which justifies a lesser degree of regulation and that lesser regulation in that market will serve the public interest, the commission may, by order, suspend any of the following provisions of law, except as provided under subs. (7) and (8): ch. 200 201 and s. 196.02 (2); s. 196.05; s. 196.06; s. 196.07; s. 196.09; s. 196.10; s. 196.12; s. 196.13 (2); s. 196.19; tariffing requirements under s. 196.194; s. 196.196 (1) or (5); s. 196.20; s. 196.204 (7); s. 196.21; s. 196.22; s. 196.26; s. 196.28; s. 196.37; s. 196.49; s. 196.52; s. 196.58; s. 196.60; s. 196.604; s. 196.77; s. 196.78; s. 196.79; and s. 196.805.

150,641 Section 641. 196.202 (2) of the statutes is amended to read:

196.202 (2) Scope of regulation. A commercial mobile radio service provider is not subject to ch. 200 201 or this chapter, except a commercial mobile radio service provider 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 commercial mobile radio service provider is not preempted, a commercial mobile radio service provider shall respond, subject to the protection of the commercial mobile radio service provider's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to administer the universal service fund.