2005 Wisconsin Act 25

25,2095 Section 2095. 180.0122 (1) (w) of the statutes is amended to read:

180.0122 (1) (w) Application for certificate of withdrawal, $40, and in case that application shows that the foreign corporation employs in this state capital in excess of the amount of capital on which a fee has previously been paid, computed as provided in s. 180.1520 (2) (f), an additional fee which, with previous payments made on account of capital employed in this state, will amount to $2 $3 for each $1,000 or fraction thereof of the excess.

25,2096 Section 2096. 180.0122 (1) (y) of the statutes is amended to read:

180.0122 (1) (y) Annual report of a foreign corporation, $65, and in case the annual report shows that the foreign corporation employs in this state capital in excess of the amount of capital on which a fee has previously been paid, computed as provided in s. 180.1503, an additional fee which, with previous payments made on account of capital employed in this state, will amount to $2 $3 for each $1,000 or fraction thereof of the excess.

25,2097 Section 2097. 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. 45.54 38.50 (10) without complying with the requirements of s. 45.54 38.50. 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.

25,2097m Section 2097m. 196.20 (7) (c) of the statutes is renumbered 196.20 (7) (c) 1. and amended to read:

196.20 (7) (c) 1. The Except as provided in subd. 2., the commission shall only approve a mitigation payment agreement that is received by the commission before June 10, 2003, and, if the commission finds the agreement to be reasonable, shall not subsequently modify the agreement.

25,2097n Section 2097n. 196.20 (7) (c) 2. of the statutes is created to read:

196.20 (7) (c) 2. If the commission receives a mitigation payment agreement before June 10, 2003, and does not determine that the agreement is unreasonable before November 11, 2003, mitigation payments in accordance with the terms of the agreement shall be recoverable in rates, notwithstanding any subsequent limitations imposed by the commission on the mitigation payments.

25,2097q Section 2097q. 196.218 (3) (e) of the statutes is amended to read:

196.218 (3) (e) Except as provided in par. (f) and s. 196.196 (2) (d), a telecommunications provider or other person may not establish a surcharge on customers' bills to collect from customers contributions required under this subsection.

25,2097r Section 2097r. 196.218 (3) (f) of the statutes is amended to read:

196.218 (3) (f) Notwithstanding ss. 196.196 (1) and (5) (d) 2., 196.20 (2m), (5) and (6), 196.213 and 196.215, a telecommunications utility that provides local exchange service may make adjustments to local exchange service rates for the purpose of recovering the portion of its contributions to the universal service fund that is determined by the commission under par. (a) 4. A telecommunications utility that adjusts local exchange service rates for the purpose of recovering all or any amount of that portion shall identify on customer bills a single amount that is the total amount of the adjustment. The public service commission shall provide telecommunications utilities the information necessary to identify such amounts on customer bills.

25,2098 Section 2098. 196.219 (3m) of the statutes is created to read:

196.219 (3m) Late payment charges. (a) Maximum allowed. 1. Except as provided in subds. 2. and 3., a telecommunications utility may not impose a late payment charge on a retail consumer at a rate that exceeds $1.50 upon $100 for each month computed upon the declining principal balance of any amount that is not paid when due.

2. Except as provided in subd. 3., if the maximum late payment charge for any month that is allowed under subd. 1. is less than $5 for that month, the telecommunications utility may impose a late payment charge that does not exceed $5 for that month. This subdivision does not apply to residential retail consumers.

3. The commission may allow a telecommunications utility to impose a late payment charge at a rate that is greater than that allowed under subd. 1. or 2. if the commission determines that the greater amount is consistent with the factors specified in s. 196.03 (6).

(c) Commission jurisdiction. The commission does not have jurisdiction over late payment charges except as may be necessary to enforce the requirements of this subsection.

25,2098m Section 2098m. 196.491 (3) (gm) of the statutes is amended to read:

196.491 (3) (gm) The commission may not approve an application filed after October 29, 1999, under this subsection for a certificate of public convenience and necessity for a high-voltage transmission line that is designed for operation at a nominal voltage of 345 kilovolts or more unless the approval includes the condition that the applicant shall pay the fees specified in sub. (3g) (a). If the commission has approved an application under this subsection for a certificate of public convenience and necessity for a high-voltage transmission line that is designed for operation at a nominal voltage of 345 kilovolts or more that was filed after April 1, 1999, and before October 29, 1999, the commission shall require the applicant to pay the fees specified in sub. (3g) (a). For any application subject to this paragraph, the commission shall determine the cost net book value of the high-voltage transmission line, identify the counties, towns, villages and cities through which the high-voltage transmission line is routed and allocate the amount of investment associated with the high-voltage transmission line to each such county, town, village and city.

25,2099 Section 2099. 218.0116 (1) (gr) of the statutes is created to read:

218.0116 (1) (gr) Being a dealer who violates s. 218.0146 (4).

25,2100 Section 2100. 218.0146 (4) of the statutes is created to read:

218.0146 (4) A motor vehicle dealer who is required to process an application for transfer of title and registration under s. 342.16 (1) (a) shall comply with the requirements of s. 342.16 (1) (am).

25,2107 Section 2107. 230.08 (2) (e) 5m. of the statutes is amended to read:

230.08 (2) (e) 5m. Historical society — 6 5.

25,2107d Section 2107d. 230.08 (2) (e) 8. of the statutes is amended to read:

230.08 (2) (e) 8. Natural resources — 7 6.

25,2109 Section 2109. 230.08 (2) (x) of the statutes is amended to read:

230.08 (2) (x) The executive director of the waste facility siting board, unless the board chooses to appoint the executive director under the classified service.

25,2109j Section 2109j. 230.08 (2) (yr) of the statutes is repealed.

25,2111 Section 2111. 230.45 (3) of the statutes is amended to read:

230.45 (3) The commission shall promulgate rules establishing a schedule of filing fees to be paid by any person who files an appeal under sub. (1) (c) or (e) or s. 230.44 (1) (a) or (b) with the commission on or after the effective date of the rules promulgated under this subsection. Fees paid under this subsection shall be deposited in the general fund as general purpose revenue - earned credited to the appropriation account under s. 20.425 (1) (i).

25,2118k Section 2118k. 234.165 (2) (c) (intro.) of the statutes is amended to read:

234.165 (2) (c) (intro.) Surplus Except as provided in sub. (3), surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:

25,2118L Section 2118L. 234.165 (2) (c) (intro.) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:

234.165 (2) (c) (intro.) Except as provided in sub. (3), surplus Surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:

25,2118m Section 2118m. 234.165 (3) of the statutes is created to read:

234.165 (3) For the purpose of housing grants and loans under s. 560.9803 and housing grants under s. 560.9805, in fiscal year 2005-06 the authority shall transfer to the department of commerce $3,000,000 of its actual surplus under this section and in fiscal year 2006-07 the authority shall transfer to the department of commerce $2,000,000 of its actual surplus under this section.

25,2118n Section 2118n. 234.165 (3) of the statutes, as created by 2005 Wisconsin Act .... (this act), is repealed.

25,2118r Section 2118r. 236.13 (1) (c) (intro.) of the statutes is amended to read:

236.13 (1) (c) (intro.) A comprehensive plan under s. 66.1001 or, if the municipality, town, or county does not have a comprehensive plan, either Either of the following:

25,2119 Section 2119. 237.15 of the statutes is repealed.

25,2120 Section 2120. 250.041 (1) (a) of the statutes is repealed.

25,2121 Section 2121. 250.05 (title) of the statutes is renumbered 440.70 (title).

25,2122 Section 2122. 250.05 (1) of the statutes is renumbered 440.70 (1).

25,2123 Section 2123. 250.05 (2) of the statutes is renumbered 440.70 (2).

25,2124 Section 2124. 250.05 (3) of the statutes is renumbered 440.70 (3) and amended to read:

440.70 (3) Sanitarians; employment or contractual services. Any agency of the state may employ or contract for the services of sanitarians, registered under this section, who shall enforce the public health statutes under chs. 250 to 255 or rules promulgated under those statutes.

25,2125 Section 2125. 250.05 (5) of the statutes is renumbered 440.70 (5) and amended to read:

440.70 (5) Registration. Except as provided in sub. (8m) and s. 250.041 s. 440.12 or 440.13, the department, upon application on forms prescribed by it and payment of the prescribed fee, shall register as a sanitarian any person who satisfies the conditions in sub. (6) and who has presented evidence satisfactory to the department that sanitarian registration standards and qualifications of the department, as established by rule, have been met.

25,2126m Section 2126m. 250.05 (6) of the statutes is repealed.

25,2127 Section 2127. 250.05 (7) of the statutes is renumbered 440.70 (7).

25,2128 Section 2128. 250.05 (8) of the statutes is renumbered 440.70 (8) and amended to read:

440.70 (8) Revocation of registration. The department may, after a hearing held in conformance with ch. 227, except as provided in sub. (8m) (e), revoke or, deny, suspend, or limit under this section subchapter the registration of any sanitarian, or reprimand the sanitarian, for practice of fraud or deceit in obtaining the registration or any gross professional negligence unprofessional conduct, incompetence, or misconduct professional negligence.

25,2129 Section 2129. 250.05 (8m) of the statutes is repealed.

25,2130 Section 2130. 250.05 (9) of the statutes is repealed.

25,2131 Section 2131. 250.10 of the statutes is renumbered 250.10 (intro.) and amended to read:

250.10 Grant for dental services. (intro.) From the appropriation under s. 20.435 (5) (de), the:

(1) The department shall provide funding in each fiscal year to the Marquette University School of Dentistry for clinical education of Marquette University School of Dentistry students through the provision of dental services by the students and faculty of the Marquette University School of Dentistry in underserved areas and to underserved populations in the state, as determined by the department in conjunction with the Marquette University School of Dentistry; to inmates of correctional centers in Milwaukee County; and in clinics in the city of Milwaukee. Beginning July 1, 2000, the.

(2) The department shall also distribute in each fiscal year to qualified applicants grants totaling $25,000 for fluoride supplements, $25,000 for a fluoride mouth-rinse program, and $60,000 $120,000 for a school-based dental sealant program.

25,2132 Section 2132. 250.10 (3) of the statutes is created to read:

250.10 (3) The department may provide funding to technical college district boards to provide oral health services.

25,2133 Section 2133. 252.12 (2) (a) 8. of the statutes is amended to read:

252.12 (2) (a) 8. `Life Mike Johnson life care and early intervention services grants.' The department shall award not more than $1,994,900 $2,569,900 in fiscal year 2001-02 2005-06 and not more than $2,069,900 in each fiscal year thereafter in grants to applying organizations for the provision of needs assessments; assistance in procuring financial, medical, legal, social and pastoral services; counseling and therapy; homecare services and supplies; advocacy; and case management services. These services shall include early intervention services. The department shall also award not more than $74,000 in each year from the appropriation under s. 20.435 (7) (md) for the services under this subdivision. The state share of payment for case management services that are provided under s. 49.45 (25) (be) to recipients of medical assistance shall be paid from the appropriation under s. 20.435 (5) (am).

25,2133c Section 2133c. 253.07 (1) (c) of the statutes is created to read:

253.07 (1) (c) "Tribal health center" means a health center that is under the direction and control of the governing body of a federally recognized American Indian tribe or band.

25,2133f Section 2133f. 253.07 (2) (b) of the statutes is renumbered 253.07 (2) (b) 1.

25,2133i Section 2133i. 253.07 (2) (b) 2. of the statutes is created to read:

253.07 (2) (b) 2. In distributing the funds under subd. 1., the department shall do all of the following:

a. Provide sufficient notice of the availability of the funds to enable local health departments and tribal health centers to apply for the funds.

b. Give preference, in awarding funds, to applicants that are local health departments or tribal health centers that will directly provide family planning services.

c. Award the funds to applying local health departments or tribal health centers that are qualified to provide family planning services.

25,2133L Section 2133L. 253.07 (2) (b) 3. of the statutes is created to read:

253.07 (2) (b) 3. The department may award any funds available, after award has been made under subd. 2. c., to family planning agencies that apply and are qualified to provide family planning services.

25,2133n Section 2133n. 253.07 (2) (d) of the statutes is amended to read:

253.07 (2) (d) The department shall encourage maximum coordination of family planning services between county social services departments, family planning agencies, tribal health centers, and local health departments to maximize the use of health, social service and welfare resources.

25,2133p Section 2133p. 253.07 (4) (intro.) of the statutes is amended to read:

253.07 (4) Family planning services. (intro.) From Subject to sub. (2) (b) 2. and 3., from the appropriation under s. 20.435 (5) (f), the department shall allocate funds in the following amounts, for the following services:

25,2134 Section 2134. 254.15 (1) of the statutes is amended to read:

254.15 (1) Develop and implement a comprehensive statewide lead poisoning or lead exposure prevention and treatment program that includes lead poisoning or lead exposure prevention grants under s. 254.151; any childhood lead poisoning screening requirement under rules promulgated under ss. 254.158 and 254.162; any requirements regarding care coordination and follow-up for children with lead poisoning or lead exposure required under rules promulgated under s. 254.164; departmental responses to reports of lead poisoning or lead exposure under s. 254.166; any lead investigation requirements under rules promulgated under ss. 254.167; any lead inspection requirements under rules promulgated under 254.168; any lead hazard reduction requirements under rules promulgated under s. 254.172; certification, accreditation and approval requirements under ss. 254.176 and 254.178; any certification requirements and procedures under rules promulgated under s. 254.179; and any fees imposed under s. 254.181.

25,2136 Section 2136. 254.166 (title) of the statutes is amended to read:

254.166 (title) Departmental response Response to reports of lead poisoning or lead exposure.

25,2137 Section 2137. 254.166 (2) (d) of the statutes is amended to read:

254.166 (2) (d) Notify the owner of the dwelling or premises of the presence of a lead hazard. The

(2m) If the department determines that a lead hazard is present in any dwelling or premises, the local health department shall and the department may issue an order that requires reduction or elimination of an imminent lead hazard within 5 days after the order's issuance and reduction or elimination of other lead hazards within 30 days after the order's issuance, except that, for orders that are issued between October 1 and May 1 and that relate only to exterior lead hazards that are not imminent lead hazards, the order may require elimination or reduction of the lead hazard no earlier than the June 1 immediately following the order's issuance. If the department agency that issued the order determines that the owner has good cause for not complying with the order within the 5-day or 30-day time period, the department the agency may extend the time period within which the owner is required to comply with the order. The failure to comply with the department's an order within the time prescribed or as extended by the department shall be prima facie evidence of negligence in any action brought to recover damages for injuries incurred after the time period expires. If an order to conduct lead hazard reduction is issued by the department or by a local health department and if the owner of the dwelling or premises complies with that order, there is a rebuttable presumption that the owner of the dwelling or premises has exercised reasonable care with respect to lead poisoning or lead exposure caused, after the order has been complied with, by lead hazards covered by the order, except that with respect to interim control activities the rebuttable presumption continues only for the period for which the interim control activity is reasonably expected to reduce or eliminate the lead hazard.

25,2138 Section 2138. 254.166 (2) (e) of the statutes is renumbered 254.166 (2r) and amended to read:

254.166 (2r) If an order is issued under par. (d), The department may conduct or require a certified lead risk assessor or other person certified under s. 254.176 to conduct a lead investigation, a check of work completed, and dust tests for the presence of hazardous levels of lead to ensure compliance with the an order issued under sub. (2m).