AB925: Bill Text

LRB-3365/1

BEM:cmh:jf

1999 - 2000 LEGISLATURE

1999 Assembly BILL 925

March 22, 2000 - Introduced by Law Revision Committee. Referred to Committee on Rules.

AB925,1,5 An Act relating to: repealing, consolidating, renumbering, amending and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references, eliminating defects, anachronisms, conflicts, ambiguities and obsolete provisions, reconciling conflicts and repelling unintended repeals (Revisor's Correction Bill).

Analysis by the Legislative Reference Bureau

This revisor's correction bill is explained in the Notes provided by the revisor of statutes in the body of the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB925, s. 1 Section 1. 84.063 (6) of the statutes is repealed.

Note: Eliminates obsolete provision.

AB925, s. 2 Section 2 . 85.028 (1) of the statutes is repealed.

Note: Eliminates obsolete provision.

AB925, s. 3 Section 3. 85.028 (2) of the statutes is renumbered 85.028.

Note: Renumbers provision to accommodate repeal in Section 2 . A subsection may not stand alone.

AB925, s. 4 Section 4. 85.07 (7) (a) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB925,2,10 85.07 (7) (a) Beginning in 1994, the The department shall annually prepare a plan to use, for purposes of state and local emergency medical services, at least 25% of any federal funds transferred under 23 USC 153 (h). The department shall prepare the plan after consulting with the council on highway safety, the department of health and family services and the emergency medical services board. Funds expended under the plan may not be used to supplant other federal and state funds used for emergency medical services purposes. Funds may not be expended under the plan unless any necessary federal approval of the plan has been obtained.

Note: Eliminates obsolete provision.

AB925, s. 5 Section 5. 86.26 (3) of the statutes is amended to read:

AB925,2,14 86.26 (3) This section does not apply to improvements on existing town roads as of the effective date of rules promulgated by the department under s. 86.266 or September 30, 1994, whichever comes first existing on October 1, 1992.

Note: This section specifies the effective date of rules promulgated under s. 86.266.

AB925, s. 6 Section 6. 86.32 (1m) of the statutes is repealed.

Note: Eliminates obsolete provision.

AB925, s. 7 Section 7. 110.07 (5) (b) of the statutes is amended to read:

AB925,3,3 110.07 (5) (b) Upon request of an officer of the state traffic patrol under sub. (1) or inspector under sub. (3), the department shall make available to the traffic officer or inspector a bulletproof garment that may be used in the performance of his or her duties under this section. The department shall equip a traffic officer or inspector with a bulletproof garment as soon as practicable after receipt of the request from the traffic officer or inspector under this paragraph, provided that each traffic officer or inspector who has made a request before September 1, 1997, shall be equipped with a bulletproof garment by that date.

Note: Eliminates obsolete provision.

AB925, s. 8 Section 8. 196.196 (1) (c) of the statutes is amended to read:

AB925,4,10 196.196 (1) (c) 1. A price-regulated telecommunications utility may not increase its rates for services under par. (a), except for basic message telecommunications service, for a period of 3 years after electing to become price regulated. Following the initial 3-year period for services under par. (a), except for basic message telecommunications service, and at any time for basic message telecommunications service, a price-regulated telecommunications utility may increase its rates for those services to the extent that the change in the revenue weighted price indices does not exceed 2 percentage points less than the most recent annual change in the gross domestic product price index, as published by the federal government. The commission shall, by rule, create a penalty mechanism for up to a one percentage point increase in the percentage offset for inadequate service provided by or insufficient investment made by a price-regulated telecommunications utility. The commission shall, by rule, create an incentive mechanism for up to a one percentage point decrease in the percentage offset to encourage infrastructure investment by the price-regulated telecommunications utility. For a telecommunications utility with more than 500,000 access lines in use in this state at the time of electing to become price regulated, the percentage offset to the change in the gross domestic product price index shall be 3 percentage points and the penalty mechanism and incentive mechanism shall be up to 2 percentage points. No earlier than 6 years after September 1, 1994, and no more frequently than every 3 years thereafter, the commission may, following notice and an opportunity for hearing, by rule increase or decrease the gross domestic product price index percentage offset by a maximum of one percentage point in any 12-month period to reflect any statewide changes in the productivity experience of the telecommunications industry. The commission shall promulgate rules to identify the factors that the commission may consider in determining changes in the productivity experience of the telecommunications industry. If application of the price regulation index formula achieves a negative result, prices shall be reduced so that the cumulative price change for services under par. (a), including prior price reductions in these services, achieves the negative result.

AB925,4,21 2. Annual permitted price increases under this paragraph may be deferred and accumulated for a maximum of 3 years into a single increase. The first permitted increase after the telecommunications utility elects to become price regulated shall be limited by the most recent annual change in the gross domestic product price index, less 2 percentage points, plus or minus any penalty or incentive adjustment. For a telecommunications utility with more than 500,000 access lines in use in this state, the first permitted increase shall be limited by the most recent annual change in the gross domestic product price index, less 3 percentage points, plus or minus any penalty or incentive adjustment. The increase in any rate element may not at any time exceed 10% or the increase in the gross domestic product price index, whichever is greater.

AB925,5,2 3. A rate change under this paragraph shall take effect 45 days after the date on which notice is received by the commission. A telecommunications utility shall notify customers of a rate change under this paragraph by a bill insert that is included in a bill no later than the first billing provided after notice of a rate change is submitted to the commission. A telecommunications utility may file only one rate increase under this paragraph during any 12-month period.

Note: Subdivides long paragraph for improved readability.

AB925, s. 9 Section 9. 227.53 (1) (intro.) of the statutes is amended to read:

AB925,5,7 227.53 (1) (intro.) Except as otherwise specifically provided by law, any person aggrieved by a decision specified in s. 227.52 shall be entitled to judicial review thereof of the decision as provided in this chapter. and subject to the all of the following procedural requirements:

Note: Amends provision for conformity with current style for (intro.) provisions.

AB925, s. 10 Section 10. 227.53 (1) (d) of the statutes is amended to read:

AB925,5,16 227.53 (1) (d) The agency (except Except in the case of the tax appeals commission and, the banking review board, the credit union review board, the savings and loan review board and the savings bank review board), the agency and all parties to the proceeding before it, shall have the right to participate in the proceedings for review. The court may permit other interested persons to intervene. Any person petitioning the court to intervene shall serve a copy of the petition on each party who appeared before the agency and any additional parties to the judicial review at least 5 days prior to the date set for hearing on the petition.

Note: Reorders text to eliminate parentheses consistent with current style.

AB925, s. 11 Section 11. 230.35 (4) (a) 1. and 3. to 9. of the statutes are amended to read:

AB925,5,18 230.35 (4) (a) 1. January 1;.

AB925,5,19 3. The last Monday in May, which shall be the day of celebration for May 30;.

AB925,5,20 4. July 4;.

AB925,5,21 5. The first Monday in September;.

AB925,5,22 6. The 4th Thursday in November;.

AB925,6,1 7. December 24;.

AB925,6,2 8. December 25;.

AB925,6,3 9. December 31;.

Note: Replaces punctuation for internal consistency and conformity with current style.

AB925, s. 12 Section 12. 230.36 (1) of the statutes is renumbered 230.36 (2m) (a) (intro.) and amended to read:

AB925,6,10 230.36 (2m) (a) (intro.) If a any of the following state employes suffers injury while in the performance of duties, the employe shall continue to be fully paid by the employing agency upon the same basis as paid prior to the injury, with no reduction in sick leave credits, compensatory time for overtime accumulations or vacation and no reduction in the rate of earning sick leave credit or vacation:

AB925,6,11 1. A conservation warden,.

AB925,6,12 2. A conservation patrol boat captain, .

AB925,6,13 3. A conservation patrol boat engineer, .

AB925,6,14 4. A state forest ranger,.

AB925,6,16 5. A conservation field employe of the department of natural resources who is subject to call for fire control duty,.

AB925,6,17 6. A member of the state patrol,.

AB925,6,18 7. A state motor vehicle inspector, .

AB925,6,19 8. A lifeguard,.

AB925,6,20 9. A excise tax investigator employed by the department of revenue,.

AB925,6,22 10. A special criminal investigation agent employed by the department of justice,.

AB925,6,23 11. A special tax agent,.

AB925,7,1 12. A state drivers' license examiner,.

AB925,7,2 13. A state fair park police officer, .

AB925,7,4 14. A University of Wisconsin System police officer and or other state facilities police officer and patrol officer,.