1999-12-21 Assembly Journal

December 20, 1999

To the Honorable Members of the Assembly:

The following bills, originating in the Assembly, have been approved, signed and deposited in the office of the Secretary of State:

Bill Number Act Number Date Approved

Assembly Bill 495 11December 16, 1999

Assembly Bill 584 12December 16, 1999

Assembly Bill 329 13December 16, 1999

Assembly Bill 547 14December 16, 1999

Assembly Bill 119 16December 16, 1999

Assembly Bill 576 17December 17, 1999

Assembly Bill 279 18December 17, 1999

Assembly Bill 370 19December 17, 1999

Assembly Bill 144 20December 17, 1999

Assembly Bill 357 21December 17, 1999

Assembly Bill 305 22December 17, 1999

Assembly Bill 91 23December 20, 1999

Assembly Bill 227 25December 20, 1999

Respectfully submitted,

Tommy G. Thompson

Governor

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Communications

State of Wisconsin
Office of the Secretary of State
Madison

To Whom It May Concern:

Acts, Joint Resolutions and Resolutions deposited in this office have been numbered and published as follows:

Bill Number Act Number Publication Date

Assembly Bill 49511December 29, 1999

Assembly Bill 58412December 29, 1999

Assembly Bill 32913December 30, 1999

Assembly Bill 54714December 30, 1999

Assembly Bill 11916December 30, 1999

Assembly Bill 57617December 31, 1999

Assembly Bill 27918December 31, 1999

Assembly Bill 37019December 31, 1999

Assembly Bill 14420December 31, 1999

Assembly Bill 35721December 31, 1999

Assembly Bill 30522December 31, 1999

Assembly Bill 9123December 31, 1999

Assembly Bill 22725December 31, 1999

Sincerely,

Douglas La Follette

Secretary of State

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Reference Bureau Corrections

Assembly Joint Resolution 69

In enrolling, the following correction was made:

1. Page 2, line 10: delete the colon.

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Referral of Agency Reports

State of Wisconsin
Department of Justice
Madison

December 7, 1999

To the Honorable, the Legislature:

Section 165.90 of the Wisconsin Statutes requires the Department of Justice to report on the performance of cooperative county-tribal law enforcement programs receiving aid under this section. This letter constitutes our report.

Sincerely,

James E. Doyle

Attorney General

Referred to committee on Judiciary.

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A579 State of Wisconsin
Department of Health and Family Services
Madison

December 14, 1999

To the Honorable, the Legislature:

Section 46.03(26) of the statutes requires the Department of Health and Family Services to report annually on information systems projects under development. The attached report is a summary of the departmental systems currently under development.

Sincerely,

Joe Leean

Secretary

Referred to committee on Health.

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State of Wisconsin
Public Service Commission
Madison

December 16, 1999

Report to the Legislature on Feasibility and Desirability of Enforcing Interconnection Agreements to which a Commercial Mobile Radio Service Provider is a Party

To the Honorable, the Legislature:

1997 Wisconsin Act 218 (1997 Senate Bill 351), hereafter Act 218, created Wis. Stat. § 196.199 entitled "Interconnection agreements." This statute sets forth the Public Service Commission's powers "to approve and enforce interconnection agreements and...do all things necessary and convenient to its jurisdiction." Wis. Stat. § 196.199(2). Enforcement procedures and penalties for failure to comply with interconnection agreements are found at Wis. Stat. §§ 196.199(3) and (4), respectively.

By definition, "interconnection agreement" does not include an interconnection agreement to which a commercial mobile radio service (CMRS) provider is a party. Wis. Stat. § 196.199(1). Section 50, Nonstatutory provisions, (2m) of Act 218 reads as follows:

The public service commission shall study the feasibility and desirability of enforcing interconnection agreements, that are subject to the approval of the public service commission under 47 USC 252(e), to which a commercial mobile radio service provider, as defined in section 196.01(2g) of the statutes, as created by this act, is a party in the same manner as interconnection agreements to which such a provider is not a party. The commission shall submit a report on the results of the study and any recommended proposals for legislation to the legislature in a manner provided in section 13.172(2) of the statutes no later than January 1, 2000.

Accordingly, the Commission submits this report to the Legislature for its consideration.

Act 218 became effective on January 1, 1999. To date, no complaints have been filed under Wis Stats. § 196.199 wherein noncompliance of an existing interconnection agreement has been alleged. Consequently, the Commission does not have any actual experience by which to make comparisons as anticipated and directed in the study charge and reporting requirement of the Legislature. Nevertheless, the Commission has approved several new or revised interconnection agreements pursuant to 47 USC § 252(e) involving CMRS providers. On a few occasions, the Commission, by its staff, has mediated disputes over new agreements pursuant to 47 USC § 252(a)(2). All of these disputes resulted in voluntary interconnection agreements. None were arbitrated pursuant to 47 USC § 252(b).

Although the Commission has federal law authority to mediate, arbitrate and approve new or revised interconnection agreements involving CMRS providers, it does not have state law authority to assess CMRS providers for costs associated with those proceedings. Ordinarily, the Commission assesses both parties to an interconnection dispute, whether that is a dispute over new or revised terms and conditions of an agreement, or a dispute over the interpretation and application of an existing agreement.

At this time, the Commission does not see an immediate need for legislation to apply Wis. Stat. § 196.199 to interconnection agreements to which a CMRS provider is a party. If such legislation is initiated, however, CMRS provider assessment of direct costs associated with Commission proceedings involving interconnection disputes of any description should be addressed.

If you have any questions regarding this report, please contact Nick Linden of the Commission staff at [phone].

Sincerely,

Lynda L. Dorr

Secretary to the Commission

Referred to committee on Utilities.

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State of Wisconsin
Council on Recycling
Madison

December 17, 1999

To the Honorable, the Legislature:

On behalf of the Council on Recycling, I am pleased to send you our report and recommendations regarding the recycling of used oil filters in Wisconsin. After receiving our charge in 1997 Act 243, the Council formed a subcommittee made up of stakeholders and interested parties to do research and prepare alternatives. The subcommittee delivered its' report to the Council in October, 1999. The Council reviewed their findings and the following report is the culmination of over a year of involvement with this issue.

A580 I would like to offer the Council's assistance in fulfilling the mission of the proposed Task Force by submitting the names of individuals and organizations to participate. Several private sector organizations, for example, have indicated support for the partnership and have expressed a willingness to serve. The Council would also like to share their expertise by having members take part in the Task Force and serving as a sounding board for Task Force ideas.