Amendment CA1-SSA1-SB55

SB55-SSA1-CA1, s. 2972d Section 2972d. 187.31 (2) of the statutes is amended to read:

SB55-SSA1-CA1,747,18 187.31 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other professional persons or experts employed by the incorporated Roman Catholic church, as to matters the director or officer believes in good faith are within the person's professional or expert competence.

SB55-SSA1-CA1, s. 2972g Section 2972g. 187.41 (2) of the statutes is amended to read:

SB55-SSA1-CA1,747,23 187.41 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other professional persons or experts employed by the religious organization, as to matters the director or officer believes in good faith are within the person's professional or expert competence.".

SB55-SSA1-CA1,747,24 1288. Page 985, line 20: after that line insert:

SB55-SSA1-CA1,748,1 " Section 2972b. 196.01 (5) (b) 6. of the statutes is created to read:

SB55-SSA1-CA1,748,6 196.01 (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.".

SB55-SSA1-CA1,748,8 1289. Page 987, line 17: delete the material beginning with that line and ending with page 989, line 3.

SB55-SSA1-CA1,748,9 1290. Page 989, line 6: after that line insert:

SB55-SSA1-CA1,748,10 " Section 2981m. 196.208 (5p) of the statutes is created to read:

SB55-SSA1-CA1,748,11 196.208 (5p) Toll-free calls answered by prisoners. (a) In this subsection:

SB55-SSA1-CA1,748,12 1. "Charitable organization" has the meaning given in s. 440.41 (1).

SB55-SSA1-CA1,748,13 2. "Prisoner" has the meaning given in s. 134.73 (1) (b).

SB55-SSA1-CA1,748,17 (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:

SB55-SSA1-CA1,748,18 1. Identify himself or herself by name.

SB55-SSA1-CA1,748,19 2. State that he or she is a prisoner.

SB55-SSA1-CA1,748,21 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.

SB55-SSA1-CA1,748,24 (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).

SB55-SSA1-CA1, s. 2981p Section 2981p. 196.208 (10) (a) of the statutes is amended to read:

SB55-SSA1-CA1,749,6 196.208 (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.

SB55-SSA1-CA1, s. 2981r Section 2981r. 196.208 (11) (d) of the statutes is renumbered 196.208 (11) (d) 1. and amended to read:

SB55-SSA1-CA1,749,11 196.208 (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.

SB55-SSA1-CA1,749,14 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.

SB55-SSA1-CA1, s. 2981s Section 2981s. 196.208 (11) (d) 2. of the statutes is created to read:

SB55-SSA1-CA1,749,17 196.208 (11) (d) 2. a. A prisoner who violates sub. (5p) (b) may be required to forfeit not more than $500.

SB55-SSA1-CA1,749,22 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).".

SB55-SSA1-CA1,749,23 1291. Page 989, line 6: after that line insert:

SB55-SSA1-CA1,749,24 " Section 2981Lm. 196.202 (2) of the statutes is amended to read:

SB55-SSA1-CA1,750,12 196.202 (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.".

SB55-SSA1-CA1,750,13 1292. Page 989, line 6: after that line insert:

SB55-SSA1-CA1,750,15 " Section 2981r. 196.218 (3) (a) 3. of the statutes is renumbered 196.218 (3) (a) 3. (intro.) and amended to read:

SB55-SSA1-CA1,750,19 196.218 (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:

SB55-SSA1-CA1,750,24 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.

SB55-SSA1-CA1,751,2 b. The amounts appropriated under ss. 20.255 (3) (q), 20.275 (1) (s), (t) and (tm) and 20.285 (1) (q).

SB55-SSA1-CA1,751,6 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.".

SB55-SSA1-CA1,751,7 1293. Page 989, line 8: delete "(7)" and substitute "(7)".

SB55-SSA1-CA1,751,8 1294. Page 989, line 17: after that line insert:

SB55-SSA1-CA1,751,9 " Section 2983m. 196.218 (5) (a) 10. of the statutes is created to read:

SB55-SSA1-CA1,751,12 196.218 (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).".

SB55-SSA1-CA1,751,13 1295. Page 992, line 12: after that line insert:

SB55-SSA1-CA1,751,15 " 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:

SB55-SSA1-CA1,751,19 196.491 (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:

SB55-SSA1-CA1, s. 3001d Section 3001d. 196.491 (1) (w) 2. of the statutes is created to read:

SB55-SSA1-CA1,751,23 196.491 (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.".

SB55-SSA1-CA1,751,24 1296. Page 993, line 12: after that line insert:

SB55-SSA1-CA1,752,1 " Section 3001p. 196.496 of the statutes is created to read:

SB55-SSA1-CA1,752,6 196.496 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.

SB55-SSA1-CA1,752,12 (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.".

SB55-SSA1-CA1,752,13 1297. Page 995, line 10: after that line insert:

SB55-SSA1-CA1,752,14 " Section 3007m. 121.06 (4) of the statutes is amended to read:

SB55-SSA1-CA1,752,18 121.06 (4) For purposes of computing state aid under s. 121.08, equalized valuations calculated under sub. (1) and certified under sub. (2) shall include the full value of computers property that are is exempt under s. 70.11 (39) and (39m) as determined under s. 79.095 (3).".

SB55-SSA1-CA1,752,20 1298. Page 995, line 11: delete the material beginning with that line and ending with page 998, line 17, and substitute:

SB55-SSA1-CA1,752,21 " Section 3008mc. 196.52 (9) of the statutes is created to read:

SB55-SSA1-CA1,752,22 196.52 (9) (a) In this subsection:

SB55-SSA1-CA1,752,23 1. "Electric generating equipment" means any of the following:

SB55-SSA1-CA1,752,24 a. An electric generator.

SB55-SSA1-CA1,753,2 b. A machine that drives an electric generator, including an engine, turbine, water wheel, or wind mill.

SB55-SSA1-CA1,753,5 c. Equipment that converts a fuel or source of energy into energy that powers a machine that drives an electric generator, including a boiler, but not including a nuclear reactor.

SB55-SSA1-CA1,753,6 d. A fuel or photovoltaic cell.

SB55-SSA1-CA1,753,9 2. "Electric generating facility" means electric generating equipment and associated facilities that, together, constitute a complete facility for the generation of electricity.

SB55-SSA1-CA1,753,14 3. "Leased generation contract" means a contract or arrangement or set of contracts or arrangements under which an affiliated interest of a public utility agrees with the public utility to construct or improve an electric generating facility and to lease to the public utility land and the facility for operation by the public utility.

SB55-SSA1-CA1,753,16 (b) The commission may approve a leased generation contract under sub. (3) only if all of the following apply:

SB55-SSA1-CA1,753,19 1. The commission has not issued a certificate under s. 196.49 or a certificate of public convenience and necessity under s. 196.491 (3) before January 1, 2002, for any construction or improvement that is subject to the leased generation contract.

SB55-SSA1-CA1,753,21 2. Construction or improvement of the electric generating facility that is subject to the leased generation contract commences on or after January 1, 2002.

SB55-SSA1-CA1,753,24 3. Except as provided in s. 196.795 (5) (k) 3., no electric generating facility, electric generating equipment, or associated facilities, held or used by the public utility for the provision of electric service, is transferred to the affiliated interest.

SB55-SSA1-CA1,754,2 4. The estimated gross cost of the construction or improvement that is subject to the leased generation contract is at least $10,000,000.

SB55-SSA1-CA1,754,3 5. The construction or improvement is not to a nuclear-powered facility.

SB55-SSA1-CA1,754,7 6. Any real property that the public utility transfers to the affiliated interest for the purpose of implementing the leased generation contract is transferred at book value, which is determined on the basis of the regulated books of account at the time of the transfer.

SB55-SSA1-CA1,754,13 7. If the public utility transfers real property to the affiliated interest for the purpose of implementing the leased generation contract, the leased generation contract provides for transferring that real property back to the public utility, on the same terms and conditions as the original transfer, if the commission determines that the construction or improvement that is subject to the leased generation contract has not been completed.

SB55-SSA1-CA1,754,15 8. The leased generation contract provides that, upon termination of the contract, all of the following apply:

SB55-SSA1-CA1,754,20 a. The public utility shall have the option, subject to commission approval, to extend the contract, or purchase the electric generating facility or the improvements to an electric generating facility, at fair market value as determined by a valuation process that is conducted by an independent third party and that is specified in the contract.

SB55-SSA1-CA1,755,2 b. If the public utility exercises the option specified in subd. 8. a., the affiliated interest may require the public utility to extend the contract, rather than purchase the facilities or improvements, if the affiliated interest demonstrates to the commission that the extension avoids material adverse tax consequences and that the extension provides terms and conditions that are economically equivalent to a purchase.

SB55-SSA1-CA1,755,4 9. For any gas-fired electric generating facility that is constructed under the leased generation contract, the term of the lease is 20 years or more.

SB55-SSA1-CA1,755,6 10. For any coal-fired electric generating facility that is constructed under the leased generation contract, the term of the lease is 25 years or more.

SB55-SSA1-CA1,755,14 11. The leased generation contract does not take effect until the date on which the affiliated interest commences construction or improvement of the electric generating facility, except that, if the leased generation contract relates to the construction or improvement of more than one electric generating facility, the leased generation contract does not take effect with respect to the construction or improvement of an individual electric generating facility until the date on which the affiliated interest commences construction or improvement on that electric generating facility.

SB55-SSA1-CA1,755,20 (c) Except as provided in par. (d), the commission may not increase or decrease the retail revenue requirements of a public utility on the basis of any income, expense, gain, or loss that is received or incurred by an affiliated interest of the public utility and that arises from the ownership of an electric generating facility or an improvement to an electric generating facility by an affiliated interest under a leased generation contract.

SB55-SSA1-CA1,756,3 (d) The commission shall allow a public utility that has entered into a leased generation contract that has been approved by the commission under sub. (3) to recover fully in its retail rates that portion of any payments under the leased generation contract that the commission allocates to the public utility's retail electric service, and that portion of all other costs that is prudently incurred in the public utility's operation and maintenance of the electric generating facility or improvement that is subject to the leased generation contract and that the commission allocates to the public utility's retail electric service.

SB55-SSA1-CA1,756,7 (e) Notwithstanding sub. (5) (a), the commission may not modify or terminate a leased generation contract approved under sub. (3) except as specified in the leased generation contract or the commission's order approving the leased generation contract.

SB55-SSA1-CA1,756,10 (f) The commission shall maintain jurisdiction to ensure that the construction or improvement under a leased generation contract approved under sub. (3) is completed as provided in the leased generation contract.

SB55-SSA1-CA1,756,16 (g) Nothing in this subsection prohibits a cooperative association organized under ch. 185, a municipal utility, as defined in s. 196.377 (2) (a) 3., or a municipal electric company, as defined in s. 66.0825 (3) (d), from acquiring an interest in an electric generating facility that is constructed pursuant to a leased generation contract or from acquiring an interest in land on which such an electric generating facility is located.".

SB55-SSA1-CA1,756,17 1299. Page 999, line 6: delete lines 6 to 12 and substitute:

SB55-SSA1-CA1,756,18 " Section 3011jc. 196.795 (5) (k) 3. of the statutes is created to read:

SB55-SSA1-CA1,756,22 196.795 (5) (k) 3. For the purpose of implementing a leased generation contract, as defined in s. 196.52 (9) (a) 3., that is approved under s. 196.52 (3), a public utility affiliate may transfer to a nonutility affiliate, at book value determined on the basis of the regulated books of account at the time of the transfer, any of the following:

SB55-SSA1-CA1,756,23 a. Land that is held or used for the provision of utility service.

SB55-SSA1-CA1,757,5 b. Electric generating equipment or associated facilities that are located on the land on which an electric generating facility subject to a leased generation contract is to be constructed, and that are part of an electric generating facility on that land that is no longer used or useful for the provision of utility service and that has been retired from the provision of utility service.".

SB55-SSA1-CA1,757,6 1300. Page 1003, line 6: after that line insert:

SB55-SSA1-CA1,757,7 " Section 3020h. 200.49 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,757,12 200.49 (1) (a) "Minority business" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that is at least 51% owned and controlled by one or more minority group members and that is engaged in construction or construction-related activities business that is certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-CA1, s. 3020i Section 3020i. 200.49 (3) (intro.) of the statutes is amended to read: