SENATE AMENDMENT 2,
TO 2007 ASSEMBLY BILL 207
November 8, 2007 - Offered by Senators Miller, Vinehout, Risser, Erpenbach,
Jauch and Robson.
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21. Page 2, line 5: delete "and granting rule-making authority" and substitute
3", granting rule-making authority, and making an appropriation".
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5"
Section 1e. 20.115 (1) (jb) of the statutes is amended to read:
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20.115
(1) (jb)
Consumer protection, information, and education. The amounts
7in the schedule for consumer protection and consumer information and education.
8All moneys received under
s. ss. 66.0420 (3) (k) and 100.261 (3) (b) shall be credited
9to this appropriation account, subject to the limit under s. 100.261 (3) (c).
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10Section 1m. 20.155 (1) (title) of the statutes is amended to read:
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20.155
(1) (title)
Regulation of public utilities and video service providers.
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12Section 1s. 20.155 (1) (g) of the statutes is amended to read:
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120.155
(1) (g)
Utility
Public utility and video service regulation. The amounts
2in the schedule for the regulation of utilities
and video service providers. Ninety
3percent of all moneys received by the commission under s. 196.85, 196.855, or 201.10
4(3) shall be credited to this appropriation. Ninety percent of all receipts from the sale
5of miscellaneous printed reports and other copied material, the cost of which was
6originally paid under this paragraph, shall be credited to this appropriation
.".
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8"(fm) "Commission" means the public service commission.".
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1811. Page 13, line 15: on lines 15, 16, 17, 21, 22, 23, and 24, delete "department"
19and substitute "commission".
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7"(i)
Renewal; revocation. 1e. A video service provider shall apply to the
8commission to renew its video service franchise every 10 years. The commission may
9not renew the video service franchise of an applicant for renewal if the commission
10determines that the applicant exhibited a pattern of noncompliance with one or more
11requirement or prohibition under this section, s. 100.20 or 100.209, or
47 CFR
1276.309,
76.1602,
76.1603, or
76.1619.
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1m. If the commission does not renew the video service franchise of an
14applicant for renewal, the commission shall notify the applicant and state the
15reasons for not renewing the video service franchise. The video service franchise
16shall terminate on the date specified in the notification.
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1r. If a video service provider gives 30 days' advance notice to the commission
18that the video service provider intends to terminate the video service franchise, the
19video service franchise shall expire on the termination date specified in the notice.".
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2219. Page 15, line 3: delete lines 3 to 5 and substitute "exhibited a pattern of
23noncompliance with one or more requirement or prohibition under this section, s.
1100.20 or 100.209, or
47 CFR 76.309,
76.1602,
76.1603, or
76.1619. Before
2commencing a revocation proceeding, the commission shall".
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8"(k)
Annual fees. Upon issuance of a video service franchise to a video service
9provider, and annually thereafter, the video service provider shall pay a fee of $2,000
10to the department of agriculture, trade and consumer protection.
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(L)
Commission expenses. The commission shall bill under s. 196.85 (1) an
12applicant for a video service franchise or a video service provider any expense
13incurred by the commission with respect to an application or any other matter under
14the commission's jurisdiction regarding the applicant or video service provider.".
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23"
(13) Enforcement. (b)".
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2"(c) The commission shall enforce this section, except sub. (8). The
3commission".
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5"
Section 27x. 100.261 (3) (c) of the statutes is amended to read:
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100.261
(3) (c) The amount credited
under par. (b) to the appropriation account
7under s. 20.115 (1) (jb) may not exceed $185,000 in each fiscal year.".
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9"
Section 53g. 196.44 (1) of the statutes is amended to read:
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196.44
(1) Duty of commission. The commission shall inquire into the neglect
11or violation of the laws of this state by public utilities
and of s. 66.0420, except for s.
1266.0420 (8), by video service providers, or by their officers, agents
, or employees or
13by persons operating public utilities
or video service providers, and shall enforce
s.
1466.4020, except s. 66.0420 (8), and all laws relating to public utilities, and report all
15violations to the attorney general.
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196.44
(2) Duties of attorney general and district attorneys. Upon request
18of the commission, the attorney general or the district attorney of the proper county
19shall aid in any investigation, hearing or trial had under this chapter, and shall
20institute and prosecute all necessary actions or proceedings for the enforcement of
21s. 66.0420, except s. 66.0420 (8), and all laws relating to public utilities or
22telecommunications providers, and for the punishment of all violations.".
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24"
Section 57m. 196.85 (1m) (e) of the statutes is created to read:
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1196.85
(1m) (e) For the purpose of direct assessment under sub. (1) of expenses
2incurred by the commission in connection with its activities under s. 66.0420, the
3term "public utility" includes an applicant for a video service franchise, as defined
4in s. 66.0420 (2) (z), or a video service provider, as defined in s. 66.0420 (2) (zg).".
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7(1) Position authorization. The authorized FTE positions for the department
8of agriculture, trade and consumer protection are increased by 1.0 PR position to be
9funded from the appropriation under section 20.115 (1) (jb) of the statutes, as affected
10by this act, for the purpose of carrying out the department's duties under section
11100.209 of the statutes, as affected by this act.
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13(1) In the schedule under section 20.005 (3) of the statutes for the appropriation
14to the department of agriculture, trade and consumer protection under section
1520.115 (1) (jb) of the statutes, as affected by the acts of 2007, the dollar amount is
16increased by $65,000 for fiscal year 2007-08 and the dollar amount is increased by
17$65,000 for fiscal year 2008-09 for the purpose for which the appropriation is made.
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18(2) In the schedule under section 20.005 (3) of the statutes for the appropriation
19to the public service commission under section 20.155 (1) (g) of the statutes, as
20affected by the acts of 2007, the dollar amount is increased by $100,000 for fiscal year
212007-08 and the dollar amount is increased by $100,000 for fiscal year 2008-09 to
22increase funding for the purposes for which the appropriation is made.".