195.60 (2) The office shall annually, within 90 days after the close of each fiscal year, ascertain the total of its expenditures during such year which are reasonably attributable to the performance of its duties relating to railroads. For purposes of such calculation, 90% of the expenditures so determined shall be expenditures of the office and 10% of the expenditures so determined shall be expenditures for state government operations. The office shall deduct therefrom all amounts chargeable to railroads under sub. (1) and s. 201.10 (3). A sum equal to the remainder plus 10% of the remainder shall be assessed by the office to the several railroads in proportion to their respective gross operating revenues during the last calendar year, derived from intrastate operations. Such assessment shall be paid within 30 days after the bill has been mailed to the several railroads, which bill shall constitute notice of assessment and demand of payment thereof. The total amount which may be assessed to the railroads under authority of this subsection shall not exceed 1.75% 1.85% of the total gross operating revenues of such railroads, during such calendar year, derived from intrastate operations. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (2) (g). The railroads shall furnish such financial information as the office requires.
16,2973
Section 2973. 196.01 (3n) of the statutes is repealed.
16,2974
Section 2974. 196.01 (3p) of the statutes is repealed.
16,2975
Section 2975. 196.01 (3q) of the statutes is renumbered 101.91 (6m) and amended to read:
101.91 (6m) "Mobile Manufactured home park contractor" means a person, other than a public utility, as defined in s. 196.01 (5) (a), who, under a contract with a mobile manufactured home park operator, provides water or sewer service to a mobile manufactured home park occupant or performs a service related to providing water or sewer service to a mobile manufactured home park occupant.
16,2976
Section 2976. 196.01 (3s) of the statutes is renumbered 101.91 (7) and amended to read:
101.91 (7) "Mobile Manufactured home park occupant" means a person who rents or owns a mobile manufactured home in a mobile manufactured home park.
16,2977
Section 2977. 196.01 (3t) of the statutes is renumbered 101.91 (8) and amended to read:
101.91 (8) "Mobile Manufactured home park operator" means a person engaged in the business of owning or managing a mobile manufactured home park.
16,2977b
Section 2977b. 196.01 (5) (b) 6. of the statutes is created to read:
196.01 (5) (b) 6. A person that owns an electric generating facility or improvement to an electric generating facility that is subject to a leased generation contract, as defined in s. 196.52 (9) (a) 3., unless the person furnishes, directly to the public, telecommunications or sewer service, heat, light, water or power or, by means of pipes or mains, natural gas.
16,2978
Section 2978. 196.07 (2) of the statutes is amended to read:
196.07 (2) If a public utility fails to file a report with the commission containing its balance sheet and other information prescribed by the commission by the date the report is due under sub. (1), the commission may prepare the report from the records of the public utility. All expenses of the commission in preparing the report, plus a penalty equal to 50% of the amount of the expenses, shall be assessed against and collected from the public utility under s. 196.85. The amount of the charge to a public utility shall not be limited by s. 196.85 (1) (b) and shall be in addition to any other charges assessable under s. 196.85. The penalty provision of the charge shall be credited to the general fund under s. 20.906.
16,2979
Section 2979. 196.195 (12) (b) 1. d. of the statutes is repealed.
16,2980
Section 2980. 196.196 (1) (cm) of the statutes is repealed.
16,2981
Section 2981. 196.196 (5) (b) 6. of the statutes is repealed.
16,2981Lm
Section 2981Lm. 196.202 (2) of the statutes is amended to read:
196.202 (2) Scope of regulation. A commercial mobile radio service provider is not subject to ch. 201 or this chapter, except as provided in sub. (5), and except that a commercial mobile radio service provider is subject to s. 196.218 (3) to the extent not preempted by federal law. If the application of s. 196.218 (3) to a commercial mobile radio service provider is not preempted if the commission promulgates rules that designate commercial mobile radio service providers as eligible to receive universal service funding under both the federal and state universal service fund programs. If the commission promulgates such rules, a commercial mobile radio service provider shall respond, subject to the protection of the commercial mobile radio service provider's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to administer the universal service fund.
16,2981m
Section 2981m. 196.208 (5p) of the statutes is created to read:
196.208 (5p) Toll-free calls answered by prisoners. (a) In this subsection:
1. "Charitable organization" has the meaning given in s. 440.41 (1).
2. "Prisoner" has the meaning given in s. 134.73 (1) (b).
(b) If a prisoner is employed directly or indirectly by a charitable organization or toll-free service vendor to answer calls made to the charitable organization or toll-free service vendor, the prisoner shall do all of the following immediately upon answering a call:
1. Identify himself or herself by name.
2. State that he or she is a prisoner.
3. Inform the calling party of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located.
(c) A charitable organization or toll-free service vendor that directly or indirectly employs a prisoner shall provide reasonable supervision of the prisoner to assure the prisoner's compliance with par. (b).
16,2981p
Section 2981p. 196.208 (10) (a) of the statutes is amended to read:
196.208 (10) (a) Subsections (2) to (5) apply to any pay-per-call service that a caller may access by a call originating in this state and sub. subs. (5p) and (5t) applies apply to any charitable organization, toll-free service vendor, or employee of a charitable organization or toll-free service vendor that a caller may access by a call originating in this state.
16,2981r
Section 2981r. 196.208 (11) (d) of the statutes is renumbered 196.208 (11) (d) 1. and amended to read:
196.208 (11) (d) 1. Any Except as provided in subd. 2., any person who violates subs. (2) to (9) shall be required to forfeit not less than $25 nor more than $5,000 for each offense.
3. Forfeitures under this paragraph
subds. 1. and 2. shall be enforced by action on behalf of the state by the department of justice or, upon informing the department of justice, by the district attorney of the county where the violation occurs.
16,2981s
Section 2981s. 196.208 (11) (d) 2. of the statutes is created to read:
196.208 (11) (d) 2. a. A prisoner who violates sub. (5p) (b) may be required to forfeit not more than $500.
b. A person who employs a prisoner to answer calls made to a toll-free telephone number may be required to forfeit not more than $10,000 if the person violates sub. (5p) (c), aids and abets a prisoner's violation of sub. (5p) (b), is a party to a conspiracy with a prisoner to commit a violation of sub. (5p) (b), or advises, hires, or counsels or otherwise procures a prisoner to commit a violation of sub. (5p) (b).
16,2981t
Section 2981t. 196.218 (3) (a) 3. of the statutes is renumbered 196.218 (3) (a) 3. (intro.) and amended to read:
196.218 (3) (a) 3. (intro.) 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 following amounts:
a. The amount appropriated under ss.
s. 20.155 (1) (q), except that in fiscal year 2003-04 the total amount of contributions in that fiscal year under this subd. 3. a. may not exceed $5,000,000 and except that beginning in fiscal year 2004-05 the total amount of contributions in a fiscal year under this subd. 3. a. may not exceed $6,000,000.
b. The amounts appropriated under ss. 20.255 (3) (q), 20.275 (1) (s), (t) and (tm) and 20.285 (1) (q).
3m. Contributions under this paragraph 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.
16,2982
Section 2982. 196.218 (5) (a) 5. of the statutes is amended to read:
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 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).
16,2983
Section 2983. 196.218 (5) (a) 6. of the statutes is amended to read:
196.218 (5) (a) 6. To pay the department of administration electronic government for telecommunications services provided under s. 16.973 22.05 (1) to the campuses of the University of Wisconsin System at River Falls, Stout, Superior and Whitewater.
16,2983m
Section 2983m. 196.218 (5) (a) 10. of the statutes is created to read:
196.218 (5) (a) 10. To make the grant awarded by the technology for educational achievement in Wisconsin board to the Racine Unified School District under s. 44.72 (3).
16,2984
Section 2984. 196.218 (5r) (a) 4. of the statutes is amended to read:
196.218 (5r) (a) 4. An assessment of how successful investments identified in s. 196.196 (5) (f), assistance provided by the universal service fund or the Wisconsin advanced telecommunications foundation, and price regulation and other alternative incentive regulations of telecommunications utilities designed to promote competition have been in advancing the public interest goals identified under s. 196.03 (6), and recommendations for further advancing those goals.
16,2984m
Section 2984m. 196.219 (3) (o) of the statutes is created to read:
196.219 (3) (o) Refuse to transfer or facilitate the transfer of the telecommunications utility's or telecommunications provider's local exchange service customers to another telecommunications provider on the same terms and conditions as the telecommunications utility or telecommunications provider receives from any other telecommunications provider, unless such terms and conditions violate federal law.
16,2989
Section 2989. 196.26 (1) (a) of the statutes is amended to read:
196.26 (1) (a) A complaint filed with the commission that any rate, toll, charge, or schedule, joint rate, regulation, measurement, act, or practice relating to the provision of heat, light, water, power, or telecommunications service, or to the provision of water or sewer service by a mobile home park operator or mobile home park contractor, is unreasonable, inadequate, unjustly discriminatory, or cannot be obtained.
16,2990
Section 2990. 196.26 (1m) of the statutes is amended to read:
196.26 (1m) Investigation of complaint. If any mercantile, agricultural, or manufacturing society, body politic, municipal organization, or 25 persons file a complaint specified in sub. (1) (a) against a public utility, or if the commission terminates a proceeding on a complaint under s. 196.199 (3) (a) 1m. b., or if a person files a complaint specified in sub. (1) (c), the commission, with or without notice, may investigate the complaint under this section as it considers necessary. If the mobile home park occupants of 25% of the total number of mobile homes in a mobile home park or the mobile home park occupants of 25 mobile homes in a mobile home park, whichever is less, files a complaint specified in sub. (1) (a) against a mobile home park contractor or mobile home park operator, the commission, with or without notice, may investigate the complaint as it considers necessary. The commission may not issue an order based on an investigation under this subsection without a public hearing.
16,2991
Section 2991. 196.26 (2) (a) of the statutes is amended to read:
196.26 (2) (a) Prior to a hearing under this section, the commission shall notify the public utility, mobile home park contractor, mobile home park operator or party to an interconnection agreement complained of that a complaint has been made, and 10 days after the notice has been given the commission may proceed to set a time and place for a hearing and an investigation. This paragraph does not apply to a complaint specified in sub. (1) (b).
16,2992
Section 2992. 196.26 (2) (b) of the statutes is amended to read:
196.26 (2) (b) The commission shall give the complainant and either the public utility, mobile home park contractor, mobile home park operator or party to an interconnection agreement which is the subject of a complaint specified in sub. (1) (a) or (c) or, for a complaint specified in sub. (1) (b), a party to an interconnection agreement who is identified in a notice under s. 196.199 (3) (b) 1. b., 10 days' notice of the time and place of the hearing and the matter to be considered and determined at the hearing. The complainant and either the public utility, mobile home park contractor, mobile home park operator or party to the interconnection agreement may be heard. The commission may subpoena any witness at the request of the public utility, mobile home park contractor, mobile home park operator, party to the interconnection agreement, or complainant.
16,2993
Section 2993. 196.28 (1) of the statutes is amended to read:
196.28 (1) If the commission believes that any rate or charge is unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any public utility or to any provision of water or sewer service by a mobile home park operator or mobile home park contractor should for any reason be made, the commission on its own motion summarily may investigate with or without notice.
16,2994
Section 2994. 196.28 (3) of the statutes is amended to read:
196.28 (3) Notice of the time and place for a hearing under sub. (2) shall be given to the public utility, mobile home park contractor or mobile home park operator, and to such other interested persons as the commission considers necessary. After the notice has been given, proceedings shall be had and conducted in reference to the matter investigated as if a complaint specified in s. 196.26 (1) (a) had been filed with the commission relative to the matter investigated. The same order or orders may be made in reference to the matter as if the investigation had been made on complaint under s. 196.26.
16,3001b
Section 3001b. 196.491 (1) (w) of the statutes is renumbered 196.491 (1) (w) 1., and 196.491 (1) (w) 1. (intro.), as renumbered, is amended to read:
196.491 (1) (w) 1. (intro.) "Wholesale merchant plant" means, except as provided in subd. 2., electric generating equipment and associated facilities located in this state that do not provide service to any retail customer and that are owned and operated by any of the following:
16,3001d
Section 3001d. 196.491 (1) (w) 2. of the statutes is created to read:
196.491 (1) (w) 2. "Wholesale merchant plant" does not include an electric generating facility or an improvement to an electric generating facility that is subject to a leased generation contract, as defined in s. 196.52 (9) (a) 3.
16,3001m
Section 3001m. 196.491 (3c) of the statutes is created to read:
196.491 (3c) Commencement of construction of large electric generating facilities. (a) Except as provided in par. (b), an electric utility that has received a certificate of public convenience and necessity under sub. (3) for constructing a large electric generating facility shall commence construction no later than one year after the latest of the following:
1. The date on which the commission issues the certificate of public convenience and necessity.
2. The date on which the electric utility has been issued every federal and state permit, approval, and license that is required prior to commencement of construction.
3. The date on which every deadline has expired for requesting administrative review or reconsideration of every federal and state permit, approval, and license that is required prior to commencement of construction.
4. The date on which the electric utility has received the final decision, after exhaustion of judicial review, in every proceeding for judicial review described in sub. (3) (j).
(b) Upon showing of good cause, the commission may grant an extension to the deadline specified in par. (a).
(c) If an electric utility does not commence construction of a large electric generating facility within the deadline specified in par. (a) or extended under par. (b), the certificate of public convenience and necessity is void, and the electric utility may not commence construction of the large electric generating facility.
16,3001p
Section 3001p. 196.496 of the statutes is created to read:
196.496 Distributed generation facilities. (1) Definition. In this section, "distributed generation facility" means a facility for the generation of electricity with a capacity of no more than 15 megawatts that is located near the point where the electricity will be used or is in a location that will support the functioning of the electric power distribution grid.
(2) Rules. The commission shall promulgate rules establishing standards for the connection of distributed generation facilities to electric distribution facilities. To the extent technically feasible and cost effective, the standards shall be uniform and shall promote the development of distributed generation facilities. The standards shall address engineering, electric reliability, and safety concerns and the methods for determining charges for interconnection.
16,3002
Section 3002. 196.498 (title) of the statutes is repealed.
16,3003
Section 3003. 196.498 (2) of the statutes is renumbered 101.937 (1) and amended to read:
101.937 (1) Rules. The commission department shall promulgate rules that establish standards for providing water or sewer service by a mobile manufactured home park operator or mobile manufactured home park contractor to a mobile manufactured home park occupant, including requirements for metering, billing, deposits, depositing, arranging deferred payment arrangements, installation of, installing service, refusing or discontinuing service, and resolving disputes with respect to service. Rules promulgated under this subsection shall ensure that any charge for water or sewer service is reasonable and not unjustly discriminatory, that the water or sewer service is reasonably adequate, and that any practice relating to providing the service is just and reasonable.
16,3004
Section 3004. 196.498 (3) of the statutes is renumbered 101.937 (2) and amended to read:
101.937 (2) Permanent improvements. A mobile manufactured home park operator may make a reasonable recovery of capital costs for permanent improvements related to the provision of water or sewer service to mobile manufactured home park occupants through ongoing rates for water or sewer service.
16,3005
Section 3005. 196.498 (4) of the statutes is renumbered 101.937 (3) and amended to read:
101.937 (3) Enforcement. (a) Notwithstanding s. 196.44, on On its own motion or upon a complaint filed by a mobile manufactured home park occupant, the commission department may issue an order or commence a civil action against a mobile manufactured home park operator or mobile manufactured home park contractor to enforce this section, any rule promulgated under sub. (2) (1), or any order issued under this paragraph.
(b) The department of justice, after consulting with the commission department, or any district attorney may commence an action in circuit court to enforce this section.
16,3006
Section 3006. 196.498 (5) of the statutes is renumbered 101.937 (4) and amended to read:
101.937 (4) Private cause of action. Any person suffering pecuniary loss because of a violation of any rule promulgated under sub. (2) (1) or order issued under sub. (4) (3) (a) may sue for damages and shall recover twice the amount of any pecuniary loss, together with costs, and, notwithstanding s. 814.04 (1), reasonable attorney fees.
16,3007
Section 3007. 196.498 (6) of the statutes is renumbered 101.937 (5) and amended to read:
101.937 (5) Penalties. (a) Any person who violates any rule promulgated under sub. (2) (1) or any order issued under sub. (4) (3) (a) shall forfeit not less than $25 nor more than $5,000. Each violation and each day of violation constitutes a separate offense.
