1999 Wisconsin Act 9

180.0722 (8) (a) Notwithstanding sub. (4), may be revoked at any time by openly stating the revocation at a shareholder meeting or appointing a new proxy in writing the manner provided under sub. (2) (b).

9,2304jb Section 2304jb. 180.0724 (4) of the statutes is amended to read:

180.0724 (4) The corporation and its officer or agent who accepts or rejects a vote, consent, waiver or proxy appointment in good faith and in accordance with this section or s. 180.0722 (2) are not liable in damages to the shareholder for the consequences of the acceptance or rejection.

9,2304jm Section 2304jm. 180.0724 (5) of the statutes is amended to read:

180.0724 (5) Corporate action based on the acceptance or rejection of a vote, consent, waiver or proxy appointment under this section or s. 180.0722 (2) is valid unless a court of competent jurisdiction determines otherwise.

9,2305m Section 2305m. 180.1901 (1m) (bs) of the statutes is created to read:

180.1901 (1m) (bs) Athletic trainers affiliated credentialing board under subch. VI of ch. 448.

9,2308d Section 2308d. 182.028 of the statutes is amended to read:

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. 39.51 45.54 (10) without complying with the requirements of s. 39.51 45.54. 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.

9,2308r Section 2308r. 186.098 (12) of the statutes is amended to read:

186.098 (12) Loans to members. A credit union may make loans to members secured by assignment or transfer of stock certificates or other evidence of the borrower's ownership interest in a corporation formed for the cooperative ownership of real estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage involving a one-family residence, apply to a proceeding to enforce the lender's rights in security given for a loan under this subsection. The office of credit unions shall promulgate joint rules with the divisions of savings and loan division of savings institutions and the division of banking that establish procedures for enforcing a lender's rights in security given for a loan under this subsection.

9,2308rm Section 2308rm. 189.02 (7) of the statutes is created to read:

189.02 (7) At least 14 days before submitting to the public service commission any personnel or budget request that affects any appropriation to the department of transportation, the office shall notify the secretary of the request.

9,2309m Section 2309m. 196.01 (3n) of the statutes is amended to read:

196.01 (3n) "Mobile home" has the meaning given in s. 101.91 (1) (2e).

9,2310c Section 2310c. 196.025 of the statutes is renumbered 196.025 (1).

9,2310g Section 2310g. 196.025 (2) of the statutes is created to read:

196.025 (2) The commission shall promulgate rules establishing requirements and procedures for the commission to carry out the duties under s. 1.11. Rules promulgated under this subsection shall include requirements and procedures for each of the following:

(a) Standards for determining the necessity of preparing an environmental impact statement.

(b) Adequate opportunities for interested persons to be heard on environmental impact statements, including adequate time for the preparation and submission of comments.

(c) Deadlines that allow thorough review of environmental issues without imposing unnecessary delays in addressing the need for additional electric transmission capacity in this state.

9,2310L Section 2310L. 196.025 (3) of the statutes is created to read:

196.025 (3) The commission shall promulgate rules establishing requirements and procedures for electric utilities, as defined under s. 196.491 (1) (d), to file reports with the commission, on a frequency that the commission determines is reasonably necessary, on their current reliability status, including the status of operating and planning reserves, available transmission capacity and outages of major operational units and transmission lines. A report filed under the rules promulgated under this subsection is subject to inspection and copying under s. 19.35 (1), except that the commission may withhold the report from inspection and copying for a period of time that the commission determines is reasonably necessary to prevent an adverse impact on the supply or price of energy in this state.

9,2310p Section 2310p. 196.025 (4) of the statutes is created to read:

196.025 (4) (a) In consultation with the department of administration and the department of revenue, the commission shall study the establishment of a program for providing incentives for the development of high-efficiency, small-scale electric generating facilities in this state that do either of the following:

1. Provide benefits in the form of support for electric distribution or transmission systems, power quality or environmental performance.

2. Employ technologies such as combined heat and power systems, fuel cells, mircroturbines or photovoltalic systems that may be situated in, on or next to buildings or other electric load centers.

(b) No later than January 1, 2001, the commission shall submit a report of its findings and recommendations under par. (a) to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).

9,2310t Section 2310t. 196.025 (5) of the statutes is created to read:

196.025 (5) (ag) In this subsection, "electric cooperative" means a cooperative association organized under ch. 185 for the purpose of generating, distributing or furnishing electric energy at retail or wholesale to its members only.

(ar) The commission shall contract with an expert consultant in economics to conduct a study on the potential for horizontal market power, including the horizontal market power of electric generators, to frustrate the creation of an effectively competitive retail electricity market in this state and to make recommendations on measures to eliminate such market power on a sustainable basis. The study shall include each of the following:

1. An assessment of the effect of each recommendation on public utility workers and shareholders and electric cooperative workers and members.

1m. An assessment of the effect of each recommendation on rates for each class of public utility customers and electric cooperative members.

2. An evaluation of the impact of transmission constraints on the market power of electric generators in local areas.

(b) No later than January 1, 2001, the commission shall submit a report of the results of the study under par. (ar) to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).

9,2311q Section 2311q. 196.04 (4) of the statutes is renumbered 196.04 (4) (b) and amended to read:

196.04 (4) (b) If the parties cannot agree and the commission finds that public convenience and necessity or the rendition of reasonably adequate service to the public requires that a public utility, telecommunications provider, sewerage system operator or cable operator , as defined in s. 66.082 (2) (b), be permitted to extend its lines on, over or under the right-of-way of any railroad, or requires that the tracks of any railroad be extended on, over or under the right-of-way of any public utility, telecommunications provider, sewerage system operator or cable operator, the commission may order the extension by the public utility, telecommunications provider, sewerage system operator, cable operator or railroad on, over or under the right-of-way of the other if it will not materially impair the ability of the railroad, telecommunications provider, sewerage system operator, cable operator or public utility, on, over or under whose right-of-way the extension would be made, to serve the public. The commission shall prescribe lawful conditions and compensation which the commission deems equitable and reasonable in light of all the circumstances.

9,2311s Section 2311s. 196.04 (4) (a) of the statutes is created to read:

196.04 (4) (a) In this subsection:

1. "Cable operator" has the meaning given in s. 66.082 (2) (b).

2. "Sewerage system operator" means any of the following:

a. A municipality that operates a sewerage system under s. 66.076.

b. A town sanitary district commission that operates a sewerage system under 60.77 (4).

c. A city or village that obtains a sewerage system under s. 60.79.

d. A metropolitan sewerage district commission that operates a sewerage system under s. 66.24 (2) or 66.89 (1).

e. A public inland lake protection and rehabilitation district that exercises the powers of a town sanitary district under s. 33.22 (3) and that operates a sewerage system under s. 60.77 (4).

9,2311t Section 2311t. 196.19 (1m) (b) of the statutes is amended to read:

196.19 (1m) (b) A telecommunications utility may not offer a new telecommunications service to the public without first filing a tariff for that offering with the commission. A proposed tariff offering a new telecommunications service shall be effective on the date specified in the tariff but not earlier than 10 days after the date on which the tariff is filed with the commission, unless the commission, either upon complaint or upon its own motion, suspends the operation of the new tariff by serving written notice of the suspension on the telecommunications utility within 10 days after the date of filing. The notice shall include a statement of the reason under par. (c) upon which the commission believes the tariff may be modified.

9,2311u Section 2311u. 196.19 (1m) (e) of the statutes is repealed.

9,2312x Section 2312x. 196.192 of the statutes is created to read:

196.192 Market-based compensation, rates and contracts. (1) In this section, "electric public utility" means a public utility whose purpose is the generation, distribution and sale of electric energy.

(2) No later than March 1, 2000, each investor-owned electric public utility shall do each of the following:

(a) File with the commission rates that result in customers receiving market-based compensation for voluntary interruptions of firm load during peak periods of electric use.

(b) File with the commission market-based pricing options and options for individual contracts that allow a retail customer, through service from its existing public utility, to receive market benefits and take market risks for the customer's purchases of capacity or energy.

(3) (a) The commission shall approve market-based rates that are consistent with the options specified in sub. (2), except that the commission may not approve a market-based rate unless the commission determines that the rate will not harm shareholders of the investor-owned electric public utility or customers who are not subject to the rate.

(b) Nothing in s. 196.20, 196.21, 196.22, 196.37, 196.60 or 196.604 prohibits the commission from approving a filing under sub. (2) or approving market-based rates under par. (a).

(4) Subject to any approval of the commission that is necessary, an electric public utility that is not an investor-owned electric public utility may implement market-based rates approved under sub. (3) (a) or implement the options in filings under sub. (2) that are approved by the commission.

9,2313m Section 2313m. 196.208 (5p) of the statutes is created to read:

196.208 (5p) Toll-free calls answered by prisoners. (a) In this subsection:

1. "Charitable organization" has the meaning given in s. 440.41 (1).

2. "Prisoner" means a prisoner of any correctional or detention facility located in this state.

(b) If a prisoner is employed directly or indirectly by a charitable organization or toll-free service vendor to answer calls made to the charitable organization or toll-free service vendor, the prisoner shall do all of the following immediately upon answering a call:

1. Identify himself or herself by name.

2. State that he or she is a prisoner.

3. Inform the calling party of the name of the correctional or detention facility in which he or she is a prisoner and the city in which the facility is located.

(c) A charitable organization or toll-free service vendor that directly or indirectly employs a prisoner shall provide reasonable supervision of the prisoner to assure the prisoner's compliance with par. (b).

9,2313u Section 2313u. 196.208 (11) (d) of the statutes is renumbered 196.208 (11) (d) 1. and amended to read:

196.208 (11) (d) 1. Any Except as provided in subd. 2., any person who violates subs. (2) to (9) shall be required to forfeit not less than $25 nor more than $5,000 for each offense.

3. Forfeitures under this paragraph subds. 1. and 2. shall be enforced by action on behalf of the state by the department of justice or, upon informing the department of justice, by the district attorney of the county where the violation occurs.

9,2313y Section 2313y. 196.208 (11) (d) 2. of the statutes is created to read:

196.208 (11) (d) 2. a. A prisoner who violates sub. (5p) (b) may be required to forfeit not more than $500.

b. A person who employs a prisoner to answer calls made to a toll-free telephone number may be required to forfeit not more than $10,000 if the person violates sub. (5p) (c), aids and abets a prisoner's violation of sub. (5p) (b), is a party to a conspiracy with a prisoner to commit a violation of sub. (5p) (b) or advises, hires or counsels or otherwise procures a prisoner to commit a violation of sub. (5p) (b).

9,2316 Section 2316. 196.218 (1) (a) and (b) of the statutes are repealed.

9,2317 Section 2317. 196.218 (3) (a) 3. of the statutes is amended to read:

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 the contributions are sufficient to generate the amounts appropriated under ss. 20.155 (1) (q), 20.255 (3) (q), 20.275 (1) (s), (t) and (tm) and 20.285 (1) (q). 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.

9,2318 Section 2318. 196.218 (4r) (title) of the statutes is renumbered 44.73 (title).

9,2319 Section 2319. 196.218 (4r) (a) (intro.) of the statutes is repealed.

9,2320 Section 2320. 196.218 (4r) (a) 1. of the statutes is renumbered 44.70 (1m).

9,2321 Section 2321. 196.218 (4r) (a) 2. and 2m. of the statutes are renumbered 44.70 (3g) and (3j).

9,2322 Section 2322. 196.218 (4r) (a) 3. of the statutes is renumbered 44.70 (6).

9,2323 Section 2323. 196.218 (4r) (b) of the statutes is renumbered 44.73 (1) and amended to read:

44.73 (1) The commission Except as provided in s. 196.218 (4t), the board, in consultation with the department and the board, shall promulgate rules establishing an educational telecommunications access program to provide school districts, private schools, cooperative educational service agencies, technical college districts, private colleges and public library boards educational agencies with access to data lines and video links.

9,2324 Section 2324. 196.218 (4r) (c) (intro.), 1., 2., 3. and 4. of the statutes are renumbered 44.73 (2) (intro.), (a), (b), (c) and (d) and amended to read:

44.73 (2) (intro.) The rules promulgated under par. (b) sub. (1) shall do all of the following:

(a) Allow a school district, private school, cooperative educational service agency, technical college district, private college and public library board an educational agency to make a request to the board for access to either one data line or one video link, except that if any educational agency may request access to additional data lines if the agency shows to the satisfaction of the board that the additional data lines are more cost-effective than a single data line and except that a school district that operates more than one high school the rules shall allow the school district to may request access to both a data line and a video link and to request access to more than one data line or video link. The board shall forward requests received under this subdivision to the commission and the department.

(b) Establish eligibility requirements for a school district, private school, cooperative educational service agency, technical college district, private college and public library board an educational agency to participate in the program established under par. (b). The requirements shall prohibit a participant in the program from receiving assistance from the universal service fund for the purpose specified in sub. (5) (a) 3. for educational telecommunications access that is substantially similar to the access provided to the participant under the program sub. (1).

(c) Establish specifications for a data line or lines and video link that links for which access is provided to a school district, private school, cooperative educational service agency, technical college district, private college and public library board an educational agency under the program established under par. (b) sub. (1).

(d) Require a school district, private school, cooperative educational service agency, technical college district, private college and public library board an educational agency to pay the department not more than $250 per month for each data line or video link that is provided to the school district, private school, cooperative educational service agency, technical college district, private college and public library board educational agency under the program established under par. (b) sub. (1), except that the charge may not exceed $100 per month for each data line or video link that relies on a transport medium that operates at a speed of 1.544 megabits per second.

9,2325 Section 2325. 196.218 (4r) (c) 5. of the statutes is renumbered 44.73 (2) (e).