SB45: Bill Text

SB45, s. 2296 Section 2296. 165.87 (1) (br) of the statutes is repealed.

SB45, s. 2297 Section 2297. 165.87 (1) (c) of the statutes is repealed.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SB45, s. 2303 Section 2303. 166.20 (7g) of the statutes is repealed.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.

SB45,1072,12 (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).

SB45,1072,16 (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).

SB45,1072,25 (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.

SB45, s. 2325 Section 2325. 196.218 (4r) (c) 5. of the statutes is renumbered 44.73 (2) (e).

SB45, s. 2326 Section 2326. 196.218 (4r) (d) of the statutes is renumbered 44.73 (3) and amended to read:

SB45,1073,7 44.73 (3) The commission board shall submit an annual report to the board department on the status of providing data lines and video links that are requested under par. (c) 1. sub. (2) (a) and the impact on the universal service fund of any payment under sub. (5) (a) 5. contracts under s. 16.974 (7).

SB45, s. 2327 Section 2327. 196.218 (4r) (e) of the statutes is renumbered 44.73 (4) and amended to read:

SB45,1073,16 44.73 (4) If the federal communications commission promulgates or modifies rules that provide rate discounts for telecommunications services to school districts, private schools, cooperative educational service agencies, technical college districts, private colleges or public library boards educational agencies under 47 USC 254, the governor shall submit a report to the joint committee on finance that includes any recommended changes to statutes or rules with respect to funding the program established under par. (b) sub. (1).

SB45, s. 2328 Section 2328. 196.218 (4r) (f) of the statutes is renumbered 44.73 (5) and amended to read:

SB45,1074,2 44.73 (5) Notwithstanding pars. (b) and (c) subs. (1) and (2), technical college districts are not eligible to participate in the program established under par. (b) sub. (1) before April 1, 1998. In consultation with the commission, the The board shall determine by April 1, 1998, whether there are sufficient moneys in the appropriation under s. 20.275 (1) (s) (t) to include technical college districts in the program established under par. (b) sub. (1). If the board determines that there are sufficient moneys, technical college districts are eligible to participate in the program established under par. (b) sub. (1) beginning on April 1, 1998.

SB45, s. 2329 Section 2329. 196.218 (4r) (g) of the statutes is renumbered 44.73 (6) and amended to read:

SB45,1074,18 44.73 (6) From the appropriation under s. 20.275 (1) (s) or (tm), the board may award an annual grant to a school district or private school that had in effect on October 14, 1997, a contract for access to a data line or video link, as documented by the commission board. The board shall determine the amount of the grant, which shall be equal to the cost incurred by the state to provide telecommunications access to a school district or private school under a contract entered into under s. 16.974 (7) (a) or (c) less the amount that the school district or private school would be paying under par. (c) 4. sub. (2) (d) if the school district or private school were participating in the program established under par. (b) sub. (1), except that the amount may not be greater than the cost that a school district or private school incurs under the contract in effect on October 14, 1997. A school district or private school receiving a grant under this paragraph subsection is not eligible to participate in the program under par. (b) sub. (1). No grant may be awarded under this paragraph subsection after June 30, 2002.

SB45, s. 2330 Section 2330. 196.218 (5) (a) 3. of the statutes is repealed.

SB45, s. 2331 Section 2331. 196.218 (5) (a) 5. of the statutes is amended to read:

SB45,1074,25 196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 (7) to the extent that these costs are not paid under sub. (4r) (c) 4. s. 44.73 (2) (d), except that no moneys in the universal service fund may be used to pay installation costs that are necessary for a political subdivision to obtain access to bandwidth under a shared service agreement under s. 44.73 (2r) (a).

SB45, s. 2332 Section 2332. 196.218 (5) (a) 7. of the statutes is amended to read:

SB45,1075,4 196.218 (5) (a) 7. To make grants awarded by the technology for educational achievement in Wisconsin board to school districts and private schools under sub. (4r) (g) s. 44.73 (6). This subdivision does not apply after June 30, 2002.

SB45, s. 2333 Section 2333. 196.218 (5m) of the statutes is amended to read:

SB45,1075,8 196.218 (5m) Rule review. Except for rules promulgated under sub. (4r) (b), at At least biennially, the commission shall review and revise as appropriate rules promulgated under this section.

SB45, s. 2334 Section 2334. 196.218 (6) (b) of the statutes is amended to read:

SB45,1075,13 196.218 (6) (b) The universal service fund council shall advise the commission concerning the administration of this section and the content of rules promulgated under this section. This paragraph does not apply to the administration of sub. (4r) and rules promulgated under sub. (4r) (b).