SB45: Bill Text

SB45,1061,12 155.01 (6) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, tuberculosis sanatorium or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09, 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

SB45, s. 2285 Section 2285. 160.255 of the statutes is amended to read:

SB45,1061,18 160.255 Exceptions for private certain sewage systems. (1) In this section, "private exempt sewage system" has the meaning given means a small sewage system, as defined in s. 145.01 (12) (14m), or a sewage system that is in existence on January 1, 2000, and that would be a small sewage system except that its design flow exceeds the maximum design flow specified under s. 145.02 (4) (c).

SB45,1061,22 (2) Notwithstanding s. 160.19 (1), (2) and (4) (b), a regulatory agency is not required to promulgate or amend rules that define design or management criteria for private exempt sewage systems to minimize the amount of nitrate in groundwater or to maintain compliance with the preventive action limit for nitrate.

SB45,1062,2 (3) Notwithstanding s. 160.19 (3), a regulatory agency may promulgate rules that define design or management criteria for private exempt sewage systems that permit the enforcement standard for nitrate to be attained or exceeded at the point of standards application.

SB45,1062,7 (4) Notwithstanding s. 160.21, a regulatory agency is not required to promulgate rules that set forth responses that the agency may take, or require to be taken, when the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private an exempt sewage system.

SB45,1062,11 (5) Notwithstanding ss. 160.23 and 160.25, a regulatory agency is not required to take any responses for a specific site at which the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private an exempt sewage system.

SB45, s. 2286 Section 2286. 165.017 (5) of the statutes is repealed.

SB45, s. 2287 Section 2287. 165.25 (6) (f) of the statutes is created to read:

SB45,1063,3 165.25 (6) (f) Except as provided under ss. 49.49 (6), 100.263, 133.16, 281.98, 283.91 (5), 289.96 (3), 292.99, 293.87 (4), 295.19 (3) (b), 299.95 and 299.97, any money that is received by the department of justice under this subsection as the result of a contract or understanding between the department of justice and another state agency that is approved under s. 16.505 or 16.515 or as part of the biennial budget act shall be credited to the appropriation under s. 20.455 (1) (km). If authority to spend the money that is received by the department of justice under this subsection as the result of a contract or understanding between the department of justice and another state agency is not approved under s. 16.505 or 16.515 or as part of the biennial budget act, the money received shall be paid into the general fund as provided under s. 20.001 (4) or 165.25 (4) (d). An agency that is not enumerated in this section and that does not have a contract or understanding with the department of justice that is approved under s. 16.505 or 16.515 or as part of the biennial budget act may not be charged for legal services provided to that agency by the department of justice.

SB45, s. 2288 Section 2288. 165.76 (1) (a) of the statutes is amended to read:

SB45,1063,9 165.76 (1) (a) Is in prison or, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or on probation, extended supervision, parole, supervision or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

SB45, s. 2289 Section 2289. 165.76 (2) (b) 2. of the statutes is amended to read:

SB45,1063,20 165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured correctional facility or, a secured child caring institution or a secured group home, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole, extended supervision or aftercare supervision, as directed by his or her probation, extended supervision and parole agent or aftercare agent, except that the department of corrections or the county department under s. 46.215, 46.22 or 46.23 operating the secured group home in which the person is placed may require the person to provide the specimen while he or she is in prison or in a the secured correctional facility or a, secured child caring institution or secured group home.

SB45, s. 2290 Section 2290. 165.85 (5m) of the statutes is repealed.

SB45, s. 2291 Section 2291. 165.87 (1) (title) of the statutes is repealed.

SB45, s. 2292 Section 2292. 165.87 (1) (a) of the statutes is renumbered 165.87 and amended to read:

SB45,1064,7 165.87 Law enforcement training fund. Twenty-seven fifty-fifths of all moneys Moneys collected from penalty assessments under this section shall be credited s. 757.05 and transferred to the appropriation account under s. 20.455 (2) (i) and utilized (kp) and (kq) shall be used in accordance with ss. 20.455 (2) and s. 165.85 (5) and (5m). The moneys credited to the appropriation account under s. 20.455 (2) (i), except for the moneys transferred to s. 20.455 (2) (jb), and shall constitute the law enforcement training fund.

SB45, s. 2293 Section 2293. 165.87 (1) (b) of the statutes is repealed.

SB45, s. 2294 Section 2294. 165.87 (1) (bn) of the statutes is repealed.

SB45, s. 2295 Section 2295. 165.87 (1) (bp) of the statutes is repealed.

SB45, s. 2296 Section 2296. 165.87 (1) (br) of the statutes is repealed.

SB45, s. 2297 Section 2297. 165.87 (1) (c) of the statutes is repealed.

SB45, s. 2298 Section 2298. 165.87 (2) of the statutes is renumbered 757.05.

SB45, s. 2299 Section 2299. 165.90 (4) (intro.) of the statutes is amended to read:

SB45,1064,20 165.90 (4) (intro.) If the department approves a plan, the department shall certify the program as eligible to receive aid under s. 20.455 (2) (d) and (hn) (kt). Prior to January 15, of the year for which funding is sought, the department shall distribute from the appropriations under s. 20.455 (2) (d) and (hn) (kt) to each eligible program the amount necessary to implement the plan, subject to the following limitations:

SB45, s. 2300 Section 2300. 165.90 (4) (a) of the statutes is amended to read:

SB45,1064,23 165.90 (4) (a) A program may use funds received under s. 20.455 (2) (d) or (hn) (kt) only for law enforcement operations.

SB45, s. 2301 Section 2301. 165.90 (4) (b) of the statutes is amended to read:

SB45,1065,4 165.90 (4) (b) A program shall, prior to the receipt of funds under s. 20.455 (2) (d) or (hn) (kt) for the 2nd and any subsequent year, submit a report to the department regarding the performance of law enforcement activities on the reservation in the previous fiscal year.

SB45, s. 2302 Section 2302. 166.15 (1) (f) of the statutes is amended to read:

SB45,1065,10 166.15 (1) (f) "Nuclear incident" means any sudden or nonsudden release of ionizing radiation, as defined under s. 254.31 (3g), from radioactive waste being stored or disposed of in a waste repository or transported. "Nuclear incident" does not include any release of radiation from radioactive waste being transported under routine operations.

SB45, s. 2303 Section 2303. 166.20 (7g) of the statutes is repealed.

SB45, s. 2304 Section 2304. 168.12 (1) of the statutes is amended to read:

SB45,1065,20 168.12 (1) Except as provided in subs. (1g) and (1r), there is imposed a petroleum inspection fee at the rate of 3 cents per gallon specified in sub. (1e) on all petroleum products that are received by a supplier for sale in this state or for sale for export to this state. The department of revenue shall determine when a petroleum product is received under this subsection in the same manner that it determines under s. 78.07 when motor vehicle fuel is received. The fee shall be paid under s. 168.125 and shall be based on the number of gallons reported under s. 168.125.

SB45, s. 2305 Section 2305. 168.12 (1e) of the statutes is created to read:

SB45,1065,23 168.12 (1e) (a) Except as provided in par. (b), the petroleum inspection fee is 3 cents per gallon.

SB45,1066,6 (b) 1. On or before January 1 of each even-numbered year, beginning with January 1, 2002, the department shall determine the total amount claimed as reimbursement for claims that have been submitted under s. 101.143 (3) and that are unpaid as of the preceding June 30. If that total exceeds $10,000,000, the department shall increase the petroleum inspection fee, effective the following April 1, by the amount per gallon, rounded to the nearest 0.1 cent, that the department estimates will annually generate revenue equal to the amount by which the total of the unpaid claims exceeds $10,000,000.

SB45,1066,15 2. On or before January 1 of each even-numbered year, beginning with January 1, 2002, the department shall determine the unencumbered balance in the petroleum inspection fund as of the preceding June 30. If that balance exceeds $10,000,000 and if no revenue obligations issued under s. 101.143 (9m) are outstanding, the department shall reduce the petroleum inspection fee, effective the following April 1, by the amount per gallon, rounded to the nearest 0.1 cent, that the department estimates will reduce the revenue raised annually by the fee in an amount equal to $5,000,000 or the amount by which that balance exceeds $10,000,000, whichever is greater.

SB45,1066,17 3. The department shall notify the department of revenue of any change in the petroleum inspection fee under this paragraph.

SB45, s. 2306 Section 2306. 170.12 (6) (a) of the statutes is amended to read:

SB45,1066,25 170.12 (6) (a) The boundaries of the location where sunken logs may be raised pursuant to the permit. The area covered by the permit shall be contiguous, shall be contained within a single quarter section and may not exceed 160 acres. A permit may not cover submerged lands that are not contained within Lake Michigan, Lake Superior, Star Lake in Villas County, Boom Lake in Oneida County, Rib Lake in Taylor County or the Fox River. No location may be covered by more than one permit under this section.

SB45, s. 2307 Section 2307. 177.01 (10) of the statutes is renumbered 177.01 (10) (a).

SB45, s. 2308 Section 2308. 177.01 (10) (b) of the statutes is created to read:

SB45,1067,6 177.01 (10) (b) "Intangible property" does not include a credit balance issued to a commercial customer account by a business association in the ordinary course of business, unless the credit balance is property described in s. 177.06 (1) or (2) held by a banking organization or financial organization.

SB45, s. 2309 Section 2309. 195.28 (2) of the statutes is amended to read:

SB45,1067,16 195.28 (2) Installation costs. The cost of any signal or other crossing protection device which is ordered installed under sub. (1) and the cost of installing any such device shall be paid by the department from the appropriations under s. 20.395 (2) (gj), (gr) and (gx). This subsection applies only if, prior to the order under sub. (1), the secretary of transportation or the railroad grade crossings committee has recommended that the office consider improvements to the railroad grade crossing as provided in 1999 Wisconsin Act .... (this act), section 9150 (5), or if, regardless of the recommendation concerning the crossing, the office determines that immediate improvements to the crossing are necessary to protect public safety.

SB45, s. 2310 Section 2310. 196.02 (7m) of the statutes is created to read:

SB45,1067,19 196.02 (7m) Submittal of information. (a) Notwithstanding sub. (4) (a), (b) 3., (6) or (7):

SB45,1067,23 1. The commission may require a telecommunications utility to submit information to the commission only if the commission reduces, to the extent practicable, any burden on the telecommunications utility that results from complying with the requirement.

SB45,1067,25 2. A telecommunications utility is not required to provide any information to the commission unless the commission certifies each of the following:

SB45,1068,2 a. The information is necessary for the commission to enforce a requirement under this chapter.

SB45,1068,4 b. The information is not unnecessarily duplicative of information that is in the commission's possession.

SB45,1068,6 (b) The commission shall promulgate rules that establish requirements and procedures for making a certification specified in par. (a) 2.

SB45, s. 2311 Section 2311. 196.14 of the statutes is renumbered 196.14 (intro.) and amended to read:

SB45,1068,10 196.14 Public record exception. (intro.) The commission may shall withhold from public inspection any information which would of the following:

SB45,1068,12 (1) Any information that commission determines may aid a competitor of a public utility in competition with the public utility.

SB45, s. 2312 Section 2312. 196.14 (2) of the statutes is created to read:

SB45,1068,17 196.14 (2) Any information that is designated as confidential by a public utility when the public utility submits the information to the commission and that the public utility shows to the satisfaction of the commission may aid a competitor of the public utility.

SB45, s. 2313 Section 2313. 196.19 (1m) (b) of the statutes is amended to read:

SB45,1069,2 196.19 (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.

SB45, s. 2314 Section 2314. 196.19 (1m) (e) of the statutes is repealed.

SB45, s. 2315 Section 2315. 196.194 (3) of the statutes is created to read:

SB45,1069,5 196.194 (3) Firm increment contracts. (a) In this subsection:

SB45,1069,8 1. "Control area" means an electric power system or combination of electric power systems that, as determined by the commission, is subject to a common automatic control scheme.

SB45,1069,10 2. "Firm customer" means an industrial or commercial customer of a public utility that is provided firm service by the public utility.

SB45,1069,13 3. "Firm increment" means the amount by which the estimated electric usage of a firm customer for a 12-month period that is determined at the beginning of the period exceeds the actual electric usage of the firm customer during the period.

SB45,1069,16 4. "Firm service" means retail electric service that a public utility may not interrupt on the basis of anticipated or actual shortages of electric capacity within a control area.

SB45,1069,18 5. "Interruptible customer" means an industrial or commercial customer of a public utility that is provided interruptible service by the public utility.

SB45,1069,21 6. "Interruptible service" means retail electric service that a public utility may interrupt on the basis of anticipated or actual shortages of electric capacity within a control area.

SB45,1070,2 (b) Notwithstanding ss. 196.03, 196.19, 196.20, 196.21, 196.22, 196.37, 196.60 and 196.604, the commission may approve the filing of a tariff that allows a firm customer to enter into contracts to sell a firm increment to an interruptible customer in the same control area if the commission determines that such sales by a firm customer will contribute to energy conservation and load management that are designed to reduce the energy needs of firm customers.

SB45,1070,8 (c) If the commission approves the filing of a tariff specified in par. (b) and a firm customer provides written notice to the public utility that filed the tariff that the firm customer has entered into a contract specified in par. (b) with an interruptible customer, the public utility shall, for each unit of firm increment that the firm customer sells to the interruptible customer under the contract, do each of the following for the duration of the contract period:

SB45,1070,11 1. Reduce the amount of firm service that it provides to the firm customer by the amount of each unit and provide interruptible service to the firm customer in the amount of each unit.

SB45,1070,13 2. Provide firm service to the interruptible customer in amount equal to 80% of each unit.

SB45,1070,15 (d) A notice under par. (c) shall describe the terms of a contract specified in par. (b), including the duration of the contract period.

SB45,1070,18 (e) The commission shall promulgate rules establishing requirements and procedures for sales of firm increment under a tariff approved under par. (b), including requirements for determining an amount of firm increment.

SB45, s. 2316 Section 2316. 196.218 (1) (a) and (b) of the statutes are repealed.

SB45, s. 2317 Section 2317. 196.218 (3) (a) 3. of the statutes is amended to read:

SB45,1071,3 196.218 (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 necessary to fully fund the appropriations under ss. 20.155 (1) (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.

SB45, s. 2318 Section 2318. 196.218 (4r) (title) of the statutes is renumbered 44.73 (title).

SB45, s. 2319 Section 2319. 196.218 (4r) (a) (intro.) of the statutes is repealed.

SB45, s. 2320 Section 2320. 196.218 (4r) (a) 1. of the statutes is renumbered 44.70 (1m).

SB45, s. 2321 Section 2321. 196.218 (4r) (a) 2. and 2m. of the statutes are renumbered 44.70 (3g) and (3j).

SB45, s. 2322 Section 2322. 196.218 (4r) (a) 3. of the statutes is renumbered 44.70 (6).

SB45, s. 2323 Section 2323. 196.218 (4r) (b) of the statutes is renumbered 44.73 (1) and amended to read:

SB45,1071,16 44.73 (1) The commission 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.

SB45, s. 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:

SB45,1071,20 44.73 (2) (intro.) The rules promulgated under par. (b) sub. (1) shall do all of the following:

SB45,1072,5 (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.