2005 Wisconsin Act 25

(d) Make program data available in a timely fashion.

(e) Enter into a memorandum of understanding with the department of regulation and licensing to improve the timeliness of updating physician information and to improve the assessment process under s. 153.60 (1).

25,2074 Section 2074. 153.60 (1) of the statutes is amended to read:

153.60 (1) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the department and the board for that fiscal year for data collection, database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) (a) and maintaining the board. The department shall assess the estimated total amount for that fiscal year, less the estimated total amount to be received for purposes of administration of this chapter under s. 20.435 (4) (1) (hi) during the fiscal year, and the unencumbered balance of the amount received for purposes of administration of this chapter under s. 20.435 (4) (1) (hi) from the prior fiscal year and the amount in the appropriation account under s. 20.435 (1) (dg), 1997 stats., for the fiscal year, to health care providers, other than hospitals and ambulatory surgery centers, who are in a class of health care providers from whom the department collects data under this chapter in a manner specified by the department by rule. The department shall obtain approval from the board for the amounts of assessments for health care providers other than hospitals and ambulatory surgery centers. The department shall work together with the department of regulation and licensing to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. All payments of assessments shall be credited to the appropriation under s. 20.435 (4) (1) (hg).

25,2075 Section 2075. 153.60 (3) of the statutes is amended to read:

153.60 (3) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures required for the collection, database development and maintenance and generation of public data files and standard reports for health care plans that voluntarily agree to supply health care data under s. 153.05 (6r). The department shall assess the estimated total amount for that fiscal year to health care plans in a manner specified by the department by rule and may enter into an agreement with the office of the commissioner of insurance for collection of the assessments. Each health plan that voluntarily agrees to supply this information shall pay the assessments on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.435 (4) (1) (hg) and may be used solely for the purposes of s. 153.05 (6r).

25,2076 Section 2076. 153.65 (1) of the statutes is amended to read:

153.65 (1) The department may, but is not required to, provide, upon request from a person, a data compilation or a special report based on the information collected by the department. The department shall establish user fees for the provision of these compilations or reports, payable by the requester, which shall be sufficient to fund the actual necessary and direct cost of the compilation or report. All moneys collected under this subsection shall be credited to the appropriation under s. 20.435 (4) (1) (hi).

25,2081na Section 2081na. 157.061 (2g) of the statutes is created to read:

157.061 (2g) "Cemetery board" means the board created in s. 15.405 (3m).

25,2081nb Section 2081nb. 157.08 (2) (b) of the statutes is amended to read:

157.08 (2) (b) Before a cemetery authority sells or encumbers any cemetery land, except for a sale described in par. (a), the cemetery authority shall notify the department cemetery board in writing of the proposed sale or encumbrance. If within 60 days after the department cemetery board is notified of the proposed sale or encumbrance the department cemetery board notifies the cemetery authority in writing that the department cemetery board objects to the sale or encumbrance the cemetery authority may not sell or encumber the cemetery land unless the department cemetery board subsequently notifies the cemetery authority in writing that the objection is withdrawn. The department cemetery board may object to a sale or encumbrance only if it determines that the cemetery authority will not be financially solvent or that the rights and interests of owners of cemetery lots and mausoleum spaces will not be adequately protected if the sale or encumbrance occurs. The department cemetery board may, before the expiration of the 60-day period, notify the cemetery authority in writing that the department cemetery board approves of the sale or encumbrance. Upon receipt of the department's cemetery board's written approval, the cemetery authority may sell or encumber the cemetery land and is released of any liability under this paragraph. The department cemetery board shall make every effort to make determinations under this paragraph in an expeditious manner.

25,2081nc Section 2081nc. 157.08 (5) of the statutes is amended to read:

157.08 (5) Subsections (1) and (2) (b) do not apply to a religious society organized under ch. 187, and sub. (2) (b) does not apply to a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.

25,2081nd Section 2081nd. 157.11 (11) of the statutes is amended to read:

157.11 (11) Exemption for certain nonprofit cemeteries. Subsection (9g) does not apply to a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.

25,2081ne Section 2081ne. 157.128 (3) (b) of the statutes is amended to read:

157.128 (3) (b) A cemetery consisting of less than 20 contiguous acres may be dedicated by a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.

25,2081ng Section 2081ng. 157.19 (5) (a) of the statutes is amended to read:

157.19 (5) (a) This section does not apply to care funds under s. 157.11 (9g) that are deposited with a city or county as provided under s. 157.11 (9g) (a), to care funds of a cemetery for which a certification under s. 157.63 is effective, to preneed trust funds of a cemetery for which a certification under s. 440.92 (9) is effective, or to care funds or preneed trust funds of a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.

25,2081ni Section 2081ni. 157.625 (3) of the statutes is amended to read:

157.625 (3) Section 157.62 does not apply to a cemetery authority that is not required to be registered licensed under s. 440.91 (1) and that is not organized or conducted for pecuniary profit.

25,2081s Section 2081s. 157.65 (2) of the statutes is amended to read:

157.65 (2) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this subchapter. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the department of regulation and licensing board described in s. 15.405 (3m) or the department of commerce to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.

25,2086 Section 2086. 165.755 (1) (a) of the statutes is amended to read:

165.755 (1) (a) Except as provided in par. (b), a court shall impose under ch. 814 a crime laboratories and drug law enforcement surcharge of $7 $8 if the court imposes a sentence, places a person on probation, or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.

25,2086s Section 2086s. 165.89 (title) and (4) of the statutes are created to read:

165.89 (title) Grants to certain counties for law enforcement programs.

(4) Notwithstanding subs. (1) and (2) and any criteria and procedures developed under sub. (3), the department shall allocate $300,000 to Forest County each fiscal year from the appropriation account under s. 20.455 (2) (kq) to fund law enforcement services.

25,2088m Section 2088m. 165.91 (title) of the statutes is created to read:

165.91 (title) Grants to tribes for law enforcement programs.

25,2094 Section 2094. 168.01 (2) of the statutes is amended to read:

168.01 (2) "Supplier" includes a person who imports, or acquires immediately upon import, petroleum products by pipeline or marine vessel from a state, territory or possession of the United States or from a foreign country into a terminal and who is registered under 26 USC 4101 for tax-free transactions in gasoline. "Supplier" also includes a person who produces in this state; or imports into a terminal or bulk plant; or acquires immediately upon import by truck, railcar or barge into a terminal; alcohol or alcohol derivative products. "Supplier" also includes a person who produces, manufactures or refines petroleum products in this state. "Supplier" also includes a person who acquires petroleum products pursuant to an industry terminal exchange agreement or by a 2-party exchange under section 4105 of the Internal Revenue Code. "Supplier" does not include a retail dealer or wholesaler who merely blends alcohol with gasoline before the sale or distribution of the product and does not include a terminal operator who merely handles in a terminal petroleum products consigned to the terminal operator.

25,2094f Section 2094f. 168.12 (1) of the statutes is amended to read:

168.12 (1) Except as provided in subs. (1g) and (1r), there is imposed a petroleum inspection fee at the rate of 3 2 cents per gallon 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.

25,2094m Section 2094m. 180.0122 (1) (u) of the statutes is amended to read:

180.0122 (1) (u) Application for certificate of authority, $100, and $2 $3 for every $1,000 or fraction thereof of the foreign corporation's capital exceeding $60,000 employed or to be employed in this state, computed as provided in s. 180.1503, as shown by the application.

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.