AB100, s. 3120
22Section
3120. 168.12 (1) of the statutes is amended to read:
AB100,1296,523
168.12
(1) Except as provided in subs. (1g) and (1r), there is imposed a
24petroleum inspection fee at the rate of 3 cents per gallon on all petroleum products
25that are received
, as defined in s. 78.07, by a supplier
, as defined in s. 78.005 (14), for
1sale in this state or for sale for export to this state.
The department of revenue shall
2determine when a petroleum product is received under this subsection in the same
3manner that it determines under s. 78.07 when motor vehicle fuel is received. The
4fee shall be paid under s. 168.125 and shall be based on the number of gallons
5reported under s. 168.125.
AB100, s. 3121
6Section
3121. 168.12 (6) of the statutes is created to read:
AB100,1296,117
168.12
(6) (a) Any person who purchases in this state general aviation fuel, as
8defined in s. 78.55 (3), from a supplier is eligible for an allowance of 2 cents for each
9gallon of general aviation fuel purchased in excess of 1,000,000 gallons per month.
10A person who purchases general aviation fuel for resale is not eligible for the
11allowance.
AB100,1296,1512
(b) To receive an allowance, an eligible purchaser under par. (a) shall complete
13a claim upon a form that the department of revenue prescribes and furnishes and file
14the claim with the department of revenue not later than 12 months after the date of
15purchase of the general aviation fuel.
AB100,1296,2516
(c) The department of revenue shall investigate the correctness and veracity
17of the representations in the claim and may require a claimant to submit records to
18substantiate the claim. The department of revenue shall either allow or deny a claim
19under this subsection not later than 60 days after the filing of the claim. If the
20department of revenue allows the claim, it shall pay the claimant the amount allowed
21from the moneys appropriated under s. 20.855 (4) (r). If the department of revenue
22does not pay the allowance by the 90th day after the date on which the purchaser files
23the claim, the department of revenue shall also pay interest on the unpaid claim
24beginning on that day, at the rate of 9% per year, from the moneys appropriated
25under s. 20.855 (4) (r).
AB100,1297,2
1(d) If a purchaser negligently files a claim under this subsection that is
2inaccurate in whole or in part, the department of revenue shall:
AB100,1297,43
1. If the department of revenue has not paid the claim but has allowed a portion
4of the claim, reduce the allowance by 25%.
AB100,1297,105
2. If the department of revenue has paid the claim, require the purchaser to
6refund to the department of revenue that portion of the amount paid under par. (c)
7to which the purchaser is not entitled and impose a penalty on the purchaser equal
8to 25% of the allowance, plus interest on the sum of the unpaid penalty and the
9amount required to be refunded, accruing from the date that the penalty is imposed,
10at the rate of 12% per year.
AB100,1297,1211
(e) If a purchaser files a fraudulent claim under this subsection, the
12department of revenue shall:
AB100,1297,1613
1. If the claim has not been paid and the department of revenue allows no
14portion of the claim, impose a penalty on the purchaser equal to 50% of the amount
15claimed by the purchaser, plus interest on the unpaid penalty, accruing from the date
16that the penalty is imposed, at the rate of 12% per year.
AB100,1297,1817
2. If the claim has not been paid and the department of revenue allows a portion
18of the claim, reduce the allowance by 50%.
AB100,1297,2419
3. If the claim has been paid, require the purchaser to refund to the department
20of revenue that portion of the amount paid under par. (c) that the department of
21revenue determines was fraudulently obtained and impose a penalty on the
22purchaser equal to 50% of the amount claimed by the purchaser, plus interest on the
23sum of the unpaid penalty and the amount required to be refunded, accruing from
24the date that the penalty is imposed, at the rate of 12% per year.
AB100,1298,2
1(f) Any person who knowingly signs or verifies a fraudulent claim under par.
2(e) may be fined not more than $500 or imprisoned for not more than 30 days or both.
AB100,1298,63
(g) Any person who knowingly aids, abets or assists another in making a
4fraudulent claim under par. (e) or in signing or verifying a fraudulent claim under
5par. (f) may be fined not more than $500 or imprisoned for not more than 30 days or
6both.
AB100,1298,117
(h) With respect to imposing a penalty and requiring a refund under par. (d),
8the department of revenue shall give notice to the purchaser within 4 years after the
9date that the claim was filed. The department of revenue may impose a penalty and
10require a refund under par. (e) when the department of revenue discovers the fraud
11committed.
AB100, s. 3122
12Section
3122. 170.12 (3) (d) of the statutes is amended to read:
AB100,1298,1513
170.12
(3) (d) Describe, in detail, the applicant's plans for the use and
14disposition of any logs raised
, including any information necessary for or related to
15sub. (5).
AB100, s. 3123
16Section
3123. 170.12 (3) (em) of the statutes is created to read:
AB100,1298,1817
170.12
(3) (em) 1. If the applicant is an individual, provide the social security
18number of the applicant.
AB100,1298,2119
2. The board may not disclose any information received under subd. 1. to any
20person except the department of industry, labor and job development in accordance
21with a memorandum of understanding under s. 49.857.
AB100, s. 3124
22Section
3124. 170.12 (5) (intro.) of the statutes is renumbered 170.12 (5) and
23amended to read:
AB100,1299,524
170.12
(5) (title)
Reservation of value; offset. The state reserves to itself
30% 2520% of the appraised market value of any log raised pursuant to a permit issued
1under this section.
Any applicant may, as part of the application under sub. (3),
2propose projects for the use of logs raised, and for the use of proceeds from logs raised
3and sold, as an offset to the state's share of the value of any logs raised. Any project
4proposed as the basis for an offset shall have demonstrated potential to do 2 or more
5of the following:
AB100, s. 3125
6Section
3125. 170.12 (5) (a) to (c) of the statutes are repealed.
AB100, s. 3126
7Section
3126. 170.12 (6) (d) of the statutes is repealed.
AB100, s. 3127
8Section
3127. 170.12 (8) of the statutes is renumbered 170.12 (8) (a).
AB100, s. 3128
9Section
3128. 170.12 (8) (b) of the statutes is created to read:
AB100,1299,1510
170.12
(8) (b) 1. In the case of an applicant that is an individual, the board shall
11deny an application for an original or renewal permit if the applicant fails to provide
12the information required under sub. (3) (em) 1. or if the applicant fails to pay
13court-ordered payments of child or family support, maintenance, birth expenses,
14medical expenses or other expenses related to the support of a child or former spouse,
15as provided in a memorandum of understanding entered into under s. 49.857.
AB100,1299,2016
2. In the case of a permit holder that is an individual, the board shall restrict
17or suspend any permit already granted if the permit holder fails to pay court-ordered
18payments of child or family support, maintenance, birth expenses, medical expenses
19or other expenses related to the support of a child or former spouse, as provided in
20a memorandum of understanding entered into under s. 49.857
AB100, s. 3129
21Section
3129. 170.12 (9) of the statutes is amended to read:
AB100,1300,322
170.12
(9) Transfer of title. At such times as a permit holder tenders to the
23board
any the amounts due under the state's reservation of value, pursuant to the
24terms and conditions of the permit, title to any logs covered by such tender shall pass
25to the permit holder.
If the permit provides for an offset under sub. (6) (d), the board
1shall issue written findings at the conclusion of the term of the permit which describe
2the board's findings regarding compliance with the term of the permit and establish
3the proportion of the authorized offset to which the permit holder is entitled.
AB100, s. 3130
4Section
3130. 175.35 (2k) (bm) of the statutes is created to read:
AB100,1300,75
175.35
(2k) (bm) Notwithstanding par. (ar), the department of justice shall
6provide information from any record under this section in response to a request for
7information made under s. 49.22 (2m).
AB100, s. 3131
8Section
3131. 175.35 (2k) (i) of the statutes is amended to read:
AB100,1300,109
175.35
(2k) (i) The department of justice may not charge a fee for any services
10that the department provides under pars.
(c) (bm) to (j).
AB100, s. 3132
11Section
3132. 182.028 of the statutes is amended to read:
AB100,1300,24
12182.028 School corporations. Any corporation formed for the establishment
13and maintenance of schools, academies, seminaries, colleges or universities or for the
14cultivation and practice of music shall have power to enact bylaws for the protection
15of its property, and provide fines as liquidated damages upon its members and
16patrons for violating the bylaws, and may collect the same in tort actions, and to
17prescribe and regulate the courses of instruction therein, and to confer such degrees
18and grant such diplomas as are usually conferred by similar institutions or as shall
19be appropriate to the courses of instruction prescribed, except that no corporation
20shall operate or advertise a school that is subject to s.
38.51 39.51 (10) without
21complying with the requirements of s.
38.51 39.51. Any stockholder may transfer his
22or her stock to the corporation for its use; and if the written transfer so provides the
23stock shall be perpetually held by the board of directors with all the rights of a
24stockholder, including the right to vote.
AB100,1301,53
185.981
(4t) A sickness care plan operated by a cooperative association is
4subject to ss. 252.14, 631.89, 632.72 (2), 632.745, 632.747, 632.749, 632.87 (2m), (3),
5(4) and (5), 632.895 (10) and 632.897 (10) and
ch.
chs. 149 and 155.
AB100,1301,138
185.983
(1) (intro.) Every such voluntary nonprofit sickness care plan shall be
9exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41,
10601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.89, 631.93, 632.72
11(2), 632.745, 632.747, 632.749, 632.775, 632.79, 632.795, 632.87 (2m), (3), (4) and (5),
12632.895 (5), (9) and (10), 632.896 and 632.897 (10)
, subch. II of ch. 619 and chs. 609,
13630, 635, 645 and 646, but the sponsoring association shall:
AB100, s. 3135
14Section
3135. 192.31 (title) of the statutes is repealed and recreated to read:
AB100,1301,15
15192.31 (title)
Overhead structures.
AB100, s. 3136
16Section
3136. 192.31 (1) of the statutes is amended to read:
AB100,1301,2417
192.31
(1) Every railroad corporation shall maintain suitable telltales
18wherever any overhead structure or any part thereof is less than
23 22 feet above the
19top of rail; except that if the office finds that the installation of a telltale at any
20particular place would be impracticable or would result in an increased hazard to
21either the public or an employe and that either or both such factors outweigh the
22safety benefit which would result from the installation of a telltale, the office may
23enter an order providing an exemption from this section. The exemption shall be
24ordered by the office only after public hearing under sub. (4).
AB100, s. 3137
25Section
3137. 192.31 (3) of the statutes is amended to read:
AB100,1302,5
1192.31
(3) After
December 31, 1993 the effective date of this subsection ....
2[revisor inserts date], no overhead structure shall be constructed or reconstructed,
3not including ordinary repairs necessary for maintenance, which shall have a
4vertical clearance of less than
23 22 feet above the top rail, except as provided in sub.
5(4).
AB100, s. 3138
6Section
3138. 192.31 (5) of the statutes is amended to read:
AB100,1302,117
192.31
(5) Prior to July 1, in each year every corporation operating a railroad
8within the state shall file with the office a verified statement showing the location
9of every such bridge or other structure over any of its tracks at a height of less than
1023 22 feet above the top of rail, together with a statement showing whether or not
11the provisions of this section have been fully complied with.
AB100, s. 3139
12Section
3139. 195.28 (2) of the statutes is amended to read:
AB100,1302,1613
195.28
(2) Installation costs. The cost of any signal or other crossing
14protection device which is ordered installed under sub. (1) and the cost of installing
15any such device shall be paid by the department from the appropriations under s.
1620.395 (2)
(gg), (gr) and (gx).
AB100, s. 3140
17Section
3140. 195.60 (2) of the statutes is amended to read:
AB100,1303,1318
195.60
(2) The office shall annually, within 90 days after the close of each fiscal
19year, ascertain the total of its expenditures during such year which are reasonably
20attributable to the performance of its duties relating to railroads. For purposes of
21such calculation, 90% of the expenditures so determined shall be expenditures of the
22office and 10% of the expenditures so determined shall be expenditures for state
23government operations. The office shall deduct therefrom all amounts chargeable
24to railroads under sub. (1) and s. 184.10 (3)
, with the remaining balance being
25considered the remainder for purposes of this subsection. A sum
equal to the
1remainder plus 10% of the remainder shall be assessed by the office to the several
2railroads in proportion to their respective gross operating revenues during the last
3calendar year, derived from intrastate operations. Such assessment shall be paid
4within 30 days after the bill has been mailed to the several railroads, which bill shall
5constitute notice of assessment and demand of payment thereof. The total amount
6which
may shall be assessed to the railroads under authority of this subsection shall
7not exceed equal 1.75% of the total gross operating revenues of such railroads, during
8such calendar year, derived from intrastate operations.
Ninety percent of the The 9payment shall be
credited used first to credit to the appropriation account under s.
1020.155 (2) (g)
an amount equal to 90% of the remainder and then, after deducting the
11remainder, to credit any remaining balance to the appropriation account under s.
1220.395 (2) (gg). The railroads shall furnish such financial information as the office
13requires.
AB100, s. 3141
14Section
3141. 195.60 (5) of the statutes is amended to read:
AB100,1304,215
195.60
(5) No suit or proceeding shall be maintained in any court for the
16purpose of restraining or in any way delaying the collection or payment of any bill
17rendered under subs. (1) and (2). Every railroad against which a bill is rendered shall
18pay the amount thereof, and after such payment may in the manner herein provided,
19at any time within 2 years from the date the payment was made, sue the state in an
20action at law to recover the amount paid with legal interest thereon from the date
21of payment, upon the ground that the assessment was excessive, erroneous,
22unlawful or invalid in whole or in part. If it is finally determined in such action that
23any part of the bill for which payment was made was excessive, erroneous, unlawful
24or invalid, the state treasurer shall make a refund to the claimant as directed by the
1court, which shall be charged
on a prorated basis to the appropriations to the office
2and the department.
AB100, s. 3142
3Section
3142. 196.20 (5) (d) of the statutes is amended to read:
AB100,1304,194
196.20
(5) (d) If the commission does not conduct a hearing under this
5subsection, a proposed rate increase or change in a rate schedule becomes effective
6as proposed and any rates, tolls or charges under review under s. 196.215 (6) or (7)
7may not be altered unless the commission issues a final order no later than 150 days
8after the commission receives the application or receives the information under par.
9(b) 1g. and 1r. If the commission conducts a hearing, a proposed rate increase or
10change in a rate schedule becomes effective as proposed and any rates, tolls or
11charges under review under s. 196.215 (6) or (7) may not be altered unless the
12commission issues the final order no later than 180 days after the commission
13receives the application or receives the information under par. (b) 1g. and 1r. If the
14commission conducts a hearing, the hearing examiner may extend the time for
15issuing a final order up to 30 additional days. The commission and the small
16telecommunications utility may agree in writing to extend the time for issuing a final
17order.
Notwithstanding ss. 196.34 and 196.36 (2), the commission may require the
18small telecommunications utility to bear the expense of producing a transcript of a
19hearing conducted under this section.
AB100, s. 3143
20Section
3143. 196.20 (6) of the statutes is amended to read:
AB100,1305,621
196.20
(6) If a telecommunications utility that is not a small
22telecommunications utility and that has 150,000 or less access lines in use in this
23state files with the commission an application for a rate change that constitutes an
24increase in rates, the rate change becomes effective as proposed unless the
25commission issues the final order on the application no later than 180 days after the
1commission receives the application. The hearing examiner may extend the time for
2issuing a final order up to 30 additional days. The commission and the
3telecommunications utility may agree in writing to extend the time for issuing a final
4order.
Notwithstanding ss. 196.34 and 196.36 (2), the commission may require the
5telecommunications utility to bear the expense of producing a transcript of a hearing
6conducted under this subsection.
AB100, s. 3144
7Section
3144
. 196.202 (2) of the statutes is amended to read:
AB100,1305,168
196.202
(2) Scope of regulation. A cellular mobile radio telecommunications
9utility is not subject to ch. 184 or this chapter, except a cellular mobile radio
10telecommunications utility is subject to s. 196.218 (3) to the extent not preempted by
11federal law. If the application of s. 196.218 (3) to a cellular mobile radio
12telecommunications utility is not preempted, a cellular mobile radio
13telecommunications utility shall respond, subject to the protection of the cellular
14mobile radio telecommunications utility's competitive information, to all reasonable
15requests for information about its operations in this state from the commission
16necessary to
establish and administer the universal service fund.
AB100, s. 3145
17Section
3145. 196.218 (1) of the statutes is renumbered 196.218 (1) (intro.)
18and amended to read:
AB100,1305,1919
196.218
(1) (title)
Definition Definitions. (intro.) In this section
, "universal:
AB100,1305,22
20(c) "Universal service" includes the availability of a basic set of essential
21telecommunications services and access to advanced service capabilities of a modern
22telecommunications infrastructure anywhere in this state.
AB100, s. 3146
23Section
3146. 196.218 (1) (a) and (b) of the statutes are created to read:
AB100,1305,2524
196.218
(1) (a) "Board" means the technology for educational achievement in
25Wisconsin board.
AB100,1306,1
1(b) "Department" means the department of administration.
AB100, s. 3147
2Section
3147. 196.218 (1) (d) of the statutes is created to read:
AB100,1306,43
196.218
(1) (d) "Universal service fund" means the trust fund established
4under s. 25.95.
AB100, s. 3148
5Section
3148. 196.218 (2) (a) and (b) of the statutes are repealed.
AB100, s. 3149
6Section
3149. 196.218 (3) (a) 3. of the statutes is amended to read:
AB100,1306,137
196.218
(3) (a) 3. The commission shall designate the method by which the
8contributions under this paragraph shall be calculated and collected.
The method
9shall ensure that moneys in the universal service fund are sufficient to accomplish
10all of the purposes specified in sub. (5) (a). Contributions may be based only on the
11gross operating revenues from the provision of broadcast services identified by the
12commission under subd. 2. and on intrastate telecommunications services in this
13state of the telecommunications providers subject to the contribution.
AB100, s. 3150
14Section
3150. 196.218 (4r) of the statutes is created to read:
AB100,1306,1615
196.218
(4r) Educational telecommunications access program. (a) In this
16subsection:
AB100,1306,1817
1. "Data line" means a data transfer line that is capable of direct access to the
18internet and that has a speed of at least 1,544,000 bits per second.
AB100,1306,2019
2. "Video link" means a 2-way full motion interactive video link that has a
20speed of at least 44,763,000 bits per second.
AB100,1306,2321
(b) The commission, in consultation with the department and the board, shall
22promulgate rules establishing an educational telecommunications access program
23to provide school districts with access to data lines and video links.
AB100,1306,2424
(c) The rules promulgated under par. (b) shall do all of the following:
AB100,1307,4
11. Allow a school district to make a request to the board for access to either one
2data line or one video link, except that if a school district operates more than one high
3school the rules shall allow the school district to request access to both a data line
4and a video link and to request access to more than one data line or video link.
AB100,1307,65
2. Establish eligibility requirements for a school district to participate in the
6program established under par. (b).
AB100,1307,87
3. Establish specifications for a data line or video link that is provided to a
8school district under the program established under par. (b).
AB100,1307,119
4. Require a school district to pay the department not more than $250 per
10month for each data line or video link that is provided to the school district under the
11program established under par. (b).
AB100,1307,1412
(d) The commission shall submit an annual report to the board on the status
13of providing data lines and video links that are requested under par. (c) 1. and the
14impact on the universal service fund of any payment under sub. (5) (a) 5.
AB100,1307,1915
(e) If the federal communications commission promulgates or modifies rules
16that provide rate discounts for telecommunications services to school districts under
1747 USC 254, the governor shall submit a report to the joint committee on finance that
18includes any recommended changes to statutes or rules with respect to funding the
19program established under par. (b).
AB100, s. 3151
20Section
3151. 196.218 (5) (a) (intro.) of the statutes is amended to read:
AB100,1307,2221
196.218
(5) (a) (intro.) The commission shall
require that use the moneys in the
22universal service fund
be used only for any of the following purposes:
AB100, s. 3152
23Section
3152. 196.218 (5) (a) 5. of the statutes is created to read:
AB100,1307,2524
196.218
(5) (a) 5. To pay costs incurred under contracts under s. 16.974 (7) to
25the extent that these costs are not paid under sub. (4r) (c) 4.
AB100, s. 3153
1Section
3153. 196.218 (5) (b) of the statutes is amended to read: