Amendment ASA1-AB75

AB75-ASA1, s. 2454k Section 2454k. 196.025 (6) of the statutes is created to read:

AB75-ASA1,1320,7 196.025 (6) Police and fire protection fee. (a) In this subsection:

AB75-ASA1,1320,9 1. "Communications provider" means a person that provides communications service.

AB75-ASA1,1320,11 2. "Communications service" means active voice or nonvoice communications service.

AB75-ASA1,1320,12 3. "Department" means the department of revenue.

AB75-ASA1,1320,20 (b) 1. Except as provided in subd. 2., a communications provider shall impose a monthly fee of $0.75 on each communications service connection that the communications provider provides to a subscriber. A communications provider may list the fee separately from other charges on a subscriber's bill, and if a communications provider does so, the communications provider shall identify the fee as "police and fire protection fee." Any partial payment of a fee by a subscriber shall first be applied to any amount the subscriber owes the communications provider for communications service.

AB75-ASA1,1321,2 2. A communications provider that offers a prepaid wireless telecommunications plan, or a retailer that offers such a plan on behalf of a communications provider, shall impose a fee equal to $0.38 on each retail transaction for such a plan that occurs in this state. A communications provider or retailer may state the amount of the fee separately on a bill for the retail transaction, and if a communications provider or retailer does so, the communications provider or retailer shall identify the fee as "police and fire protection fee."

AB75-ASA1,1321,6 (c) 1. Except as provided in subd. 2., no later than the first calendar month following the calendar month in which a communications provider or retailer receives from a subscriber a fee imposed under par. (b), the communications provider or retailer shall remit the fee to the commission.

AB75-ASA1,1321,12 2. The commission may contract with the department for the collection of fees imposed under par. (b) 2. If the commission and department enter into such a contract, no later than the first calendar month following the calendar month in which a communications provider or retailer receives from a subscriber a fee imposed under par. (b) 2., the communications provider or retailer shall remit the fee to the department.

AB75-ASA1,1321,14 3. The commission and department shall deposit all fees remitted under subds. 1. and 2. into the police and fire protection fund.

AB75-ASA1,1321,15 (d) The commission may do any of the following:

AB75-ASA1,1321,16 1. Promulgate rules for administering this subsection.

AB75-ASA1,1321,18 2. Bring an action to collect any amount that is required to be remitted under par. (c).

AB75-ASA1, s. 2460d Section 2460d. 196.202 (2) of the statutes is amended to read:

AB75-ASA1,1322,5 196.202 (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. ss. 196.025 (6), 196.218 (3) 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, and 196.859, and 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 ss. 196.025 (6), 196.218 (3), and 196.859.

AB75-ASA1, s. 2460r Section 2460r. 196.203 (1) of the statutes is amended to read:

AB75-ASA1,1322,12 196.203 (1) Alternative telecommunications utilities are exempt from all provisions of ch. 201 and this chapter, except as provided in this section, and except that an alternative telecommunications utility is subject to s. 196.025 (6), and except that an alternative telecommunications utility that is a local government telecommunications utility, as defined in s. 196.204 (5) (ag) 1., is subject to s. 196.204 (5).

AB75-ASA1, s. 2461 Section 2461. 196.218 (3) (a) 3. b. of the statutes is amended to read:

AB75-ASA1,1322,15 196.218 (3) (a) 3. b. The amounts appropriated under ss. 20.255 (3) (q) and, (qm), and (r), 20.285 (1) (q), and 20.505 (4) (s), (t), (tm), (tu), and (tw).

AB75-ASA1, s. 2463 Section 2463. 196.218 (5) (a) 13. of the statutes is created to read:

AB75-ASA1,1322,18 196.218 (5) (a) 13. To pay the costs of library service contracts under s. 43.03 (6) and (7).

AB75-ASA1, s. 2475g Section 2475g. 196.491 (2) (g) of the statutes is amended to read:

AB75-ASA1,1323,11 196.491 (2) (g) No sooner than 30 and no later than 90 days after copies of the draft are issued under par. (b), the commission shall hold a hearing on the draft which may not be a hearing under s. 227.42 or 227.44. The hearing shall be held in an administrative district, established by executive order 22, issued August 24, 1970, which the commission determines will be significantly affected by facilities on which an electric utility plans to commence construction within 3 years. The commission may thereafter adjourn the hearing to other locations or may conduct the hearing by interactive video conference or other electronic method. Notice of such hearing shall be given by class 1 notice, under ch. 985, published in the official state newspaper and such other regional papers of general circulation as may be designated by the commission and by publication on the commission's Web site for a reasonable period of time. At such hearing the commission shall briefly describe the strategic energy assessment and give all interested persons an opportunity, subject to reasonable limitations on the presentation of repetitious material, to express their views on any aspect of the strategic energy assessment. A record of the hearing shall be made and considered by the commission as comments on the strategic energy assessment under par. (e).

AB75-ASA1, s. 2475k Section 2475k. 196.499 (1) (intro.) of the statutes is amended to read:

AB75-ASA1,1323,15 196.499 (1) Scope. (intro.) Notwithstanding any other provisions of this chapter, a telecommunications carrier is not subject to regulation under this chapter, except for s. 196.025 (6), and except under each of the following provisions:

AB75-ASA1, s. 2476 Section 2476. 196.859 of the statutes is created to read:

AB75-ASA1,1323,19 196.859 Assessment for telecommunications utility trade practices. (1) The commission shall annually assess against telecommunications utilities the total of the amount appropriated under s. 20.115 (1) (jm).

AB75-ASA1,1324,2 (2) The commission shall assess a sum equal to the annual total amount under sub. (1) to telecommunications utilities in proportion to their gross operating revenues during the last calendar year. A telecommunications utility shall pay the assessment within 30 days after the bill has been mailed to the assessed telecommunications utility. The bill constitutes notice of the assessment and demand of payment. Payments shall be credited to the appropriation account under s. 20.115 (1) (jm).

AB75-ASA1,1324,4 (3) Section 196.85 (3) to (8), as it applies to assessments under s. 196.85 (1) or (2), applies to assessments under this section.

AB75-ASA1,1324,7 (4) A telecommunications utility may not recover the assessment under this section by billing a customer for the assessment on a separate line in a billing statement.

AB75-ASA1, s. 2476j Section 2476j. 200.47 (2) (a) of the statutes is amended to read:

AB75-ASA1,1324,17 200.47 (2) (a) Except for a contract awarded under par. (f) and except as provided in par. (b), all work done and all purchases of supplies and materials by the commission shall be by contract awarded to the lowest responsible bidder complying with the invitation to bid, if the work or purchase involves an expenditure of $20,000 or more. If the commission decides to proceed with construction of any sewer after plans and specifications for the sewer are completed and approved by the commission and by the department of natural resources under ch. 281, the commission shall advertise by a class 2 notice under ch. 985 for construction bids. All contracts and the awarding of contracts are subject to s. 66.0901.

AB75-ASA1, s. 2476je Section 2476je. 200.47 (2) (f) of the statutes is created to read:

AB75-ASA1,1324,23 200.47 (2) (f) 1. In this paragraph, "design-build construction process" means a project delivery and procurement process for the design, construction, repair, renovation, installation, or demolition of a public works project under which a single entity is responsible for the professional design services and construction services related to the project.

AB75-ASA1,1325,5 2. The commission may let only one contract under sub. (1) that uses the design-build construction process, and that contract may be let only for a project to purchase and install 5 turbines, associated equipment, and buildings that are capable of transforming landfill gas into electricity, after the landfill gas is transported via pipeline from the Emerald Park Landfill in the city of Muskego to the Jones Island Water Reclamation Facility in the city of Milwaukee. The design-build construction process may not be used for the pipeline.

AB75-ASA1,1325,9 3. A contract that is let under sub. (1) and that uses the design-build construction process under subd. 2. does not need to comply with s. 200.49, although the commission shall make an effort to ensure that the goal described in s. 200.49 (3) (a) is met and that the good faith effort described in s. 200.49 (3) (b) is made.

AB75-ASA1, s. 2476m Section 2476m. 213.107 of the statutes is created to read:

AB75-ASA1,1325,17 213.107 State-sanctioned fire fighter service medal. If the board of directors of the State Fire Fighters Memorial submits to the secretary of administration a recommended design for a state-sanctioned medal honoring the service of the fire fighters of this state, the secretary shall review and may approve the design. If the secretary approves the design, the medal shall become the only state-sanctioned fire fighter service medal and the board of directors of the State Fire Fighters Memorial has the exclusive right to sell or authorize sale of the medal.

AB75-ASA1, s. 2476n Section 2476n. 214.17 (3) of the statutes is amended to read:

AB75-ASA1,1326,5 214.17 (3) The division publishes under ch. 985 a class 3 notice, in the official state newspaper department of financial institutions publishes a notice on the department's Web site for a reasonable period of time, which includes the date on which the notice is first published, of the application to take an action under s. 214.165 and of the opportunity for a hearing and, if at least 25 residents of this state petition for a hearing within 30 days of the final date that the notice was first published or if the division on the division's own motion calls for a hearing within 30 days of the final date that the notice was first published, the division holds a public hearing on the application, except that a hearing is not required if the division finds that an emergency exists and that the proposed action under s. 214.165 is necessary and appropriate to prevent the probable failure of an in-state savings bank that is closed or in danger of closing.

AB75-ASA1, s. 2476nm Section 2476nm. 214.40 (3) of the statutes is amended to read:

AB75-ASA1,1326,10 214.40 (3) A stock financial institution seeking to convert to a savings bank under s. 214.66 (1m) shall, before declaring a dividend on its capital stock, transfer not less than 50% of its net profits of the preceding half year to its paid-in surplus until it has paid-in surplus equal to 20% of capital stock.

AB75-ASA1, s. 2476o Section 2476o. 214.66 (intro.) (except 214.66 (title)) of the statutes is renumbered 214.66 (1m) (intro.).

AB75-ASA1, s. 2476p Section 2476p. 214.66 (1m) (title) of the statutes is created to read:

AB75-ASA1,1326,14 214.66 (1m) (title) From savings and loan association or federal savings bank.

AB75-ASA1, s. 2476t Section 2476t. 214.66 (2) of the statutes is created to read:

AB75-ASA1,1326,17 214.66 (2) From credit union. A credit union under ch. 186 may become a mutual savings bank by doing all of the following:

AB75-ASA1,1326,20 (a) Applying to the division for authority to organize as a mutual savings bank and satisfying all requirements under this chapter for organizing as a mutual savings bank.

AB75-ASA1,1326,22 (b) Satisfying all requirements under s. 186.314 (2) for conversion to a mutual savings bank.

AB75-ASA1,1326,24 (c) Recording the mutual savings bank's articles of incorporation in the county in which its home office is located.

AB75-ASA1, s. 2476w Section 2476w. 215.36 (5) (c) of the statutes is amended to read:

AB75-ASA1,1327,12 215.36 (5) (c) The division publishes under ch. 985 a class 3 notice, in the official state newspaper department of financial institutions publishes a notice on the department's Web site for a reasonable period of time, which includes the date on which the notice is first published, of the application to take an action under sub. (4) and of the opportunity for a hearing and, if at least 25 residents of this state petition for a hearing within 30 days of the final date that the notice was first published or if the division on the division's motion calls for a hearing within 30 days of the final date that the notice was first published, the division holds a public hearing on the application, except that a hearing is not required if the division finds that an emergency exists and that the proposed action under sub. (4) is necessary and appropriate to prevent the probable failure of an in-state savings and loan that is closed or in danger of closing.

AB75-ASA1, s. 2476x Section 2476x. 221.0901 (4) (d) of the statutes is amended to read:

AB75-ASA1,1327,20 221.0901 (4) (d) Cause to be published a class 3 notice, under ch. 985, in the form prescribed by the division, in the official state newspaper on the department of financial institution's Web site for a reasonable period of time, of the application under par. (a) and of the opportunity for a hearing under sub. (5). If the application is to acquire an in-state bank, the notice also shall be published in a newspaper of general circulation in the city, village or town where the home office of the in-state bank is located.

AB75-ASA1, s. 2477 Section 2477. 227.01 (13) (t) of the statutes is amended to read:

AB75-ASA1,1327,25 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904, 103.49, 103.50, and 229.8275, except that any action or inaction which ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904, 103.49, 103.50, and 229.8275 is subject to judicial review under s. 227.40.

AB75-ASA1, s. 2478 Section 2478. 227.01 (13) (yL) of the statutes is created to read:

AB75-ASA1,1328,3 227.01 (13) (yL) Relates to administration of the southeast Wisconsin transit capital assistance program under s. 85.11.

AB75-ASA1, s. 2478c Section 2478c. 227.01 (13) (zx) of the statutes is repealed.

AB75-ASA1, s. 2478e Section 2478e. 227.01 (13) (zz) of the statutes is created to read:

AB75-ASA1,1328,6 227.01 (13) (zz) Adjusts motor vehicle liability limit amounts under s. 344.11.

AB75-ASA1, s. 2478em Section 2478em. 227.24 (1) (c) of the statutes is amended to read:

AB75-ASA1,1328,11 227.24 (1) (c) A rule promulgated under par. (a) takes effect upon publication in the official state newspaper on the legislative reference bureau's Web site or on any later date specified in the rule and, except as provided under sub. (2), remains in effect only for 150 days.

AB75-ASA1, s. 2478f Section 2478f. 227.24 (1) (d) of the statutes is amended to read:

AB75-ASA1,1328,22 227.24 (1) (d) A rule promulgated under par. (b) takes effect upon publication in the official state newspaper on the legislative reference bureau's Web site or on any later date specified in the rule and remains in effect for one year or until it is suspended or the proposed rule corresponding to it is objected to by the joint committee for review of administrative rules, whichever is sooner. If a rule under par. (b) is suspended or a proposed rule under s. 186.235 (21), 215.02 (18) or 220.04 (8) is objected to by the joint committee for review of administrative rules, any person may complete any transaction entered into or committed to in reliance on that rule and shall have 45 days to discontinue other activity undertaken in reliance on that rule.

AB75-ASA1, s. 2478g Section 2478g. 227.24 (3) of the statutes is amended to read:

AB75-ASA1,1329,10 227.24 (3) Filing. An agency shall file a rule promulgated under sub. (1) with the legislative reference bureau as provided in s. 227.20, together with an electronic copy of the rule that the legislative reference bureau shall publish on the legislative reference bureau's Web site, shall mail a copy to the chief clerk of each house and to each member of the legislature at the time that the rule is filed and shall take any other step it considers feasible to make the rule known to persons who will be affected by it. The legislative reference bureau shall insert in the notice section of each issue of the register a brief description of each rule under sub. (1) that is currently in effect. Each copy, notice or description of a rule promulgated under sub. (1) (a) shall be accompanied by a statement of the emergency finding by the agency or by a statement that the rule is promulgated at the direction of the joint committee for review of administrative rules under s. 227.26 (2) (b).

AB75-ASA1, s. 2478j Section 2478j. 227.26 (2) (e) of the statutes is amended to read:

AB75-ASA1,1329,15 227.26 (2) (e) Notice. When the committee suspends a rule, it shall publish a class 1 notice, under ch. 985, of the suspension in the official state newspaper on the legislature's Web site for a reasonable period of time and give any other notice it considers appropriate.

AB75-ASA1, s. 2478k Section 2478k. 227.26 (3) of the statutes is amended to read:

AB75-ASA1,1329,24 227.26 (3) Public hearings by state agencies. By a majority vote of a quorum of the committee, the committee may require any agency to hold a public hearing in respect to recommendations made under sub. (2) and to report its action to the committee within the time specified by the committee. The agency shall publish a class 1 notice, under ch. 985, of the hearing in the official state newspaper on the legislature's Web site for a reasonable period of time and give any other notice which the committee directs. The hearing shall be conducted in accordance with s. 227.18 and shall be held not more than 60 days after receipt of notice of the requirement.

AB75-ASA1, s. 2480 Section 2480. 227.54 of the statutes is amended to read:

AB75-ASA1,1330,4 227.54 Stay of proceedings. The institution of the proceeding for review shall not stay enforcement of the agency decision. The reviewing court may order a stay upon such terms as it deems proper, except as otherwise provided in ss. 49.17 (7), 96.43 196.43, 253.06, and 448.02 (9).

AB75-ASA1, s. 2481 Section 2481. 230.01 (3) of the statutes is amended to read:

AB75-ASA1,1330,7 230.01 (3) Nothing in this chapter shall be construed to either infringe upon or supersede the rights guaranteed state employees under subch. V or VI of ch. 111.

AB75-ASA1, s. 2482 Section 2482. 230.03 (3) of the statutes is amended to read:

AB75-ASA1,1330,18 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 232, 233, 234, 235, 237, or 279. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

AB75-ASA1, s. 2483 Section 2483. 230.04 (18) of the statutes is created to read:

AB75-ASA1,1330,24 230.04 (18) The director may provide any services and materials to agencies and may charge the agencies for providing the services and materials. The director shall establish by rule a methodology for determining the costs of services and materials charged to state agencies under this subsection. All moneys received from the charges shall be deposited in the appropriation account under s. 20.545 (1) (k).

AB75-ASA1, s. 2484 Section 2484. 230.046 (10) (a) of the statutes is amended to read:

AB75-ASA1,1331,2 230.046 (10) (a) Conduct off-the-job employee development and training programs relating to functions under this chapter or subch. V or VI of ch. 111.

AB75-ASA1, s. 2485 Section 2485. 230.05 (9) of the statutes is created to read:

AB75-ASA1,1331,7 230.05 (9) The administrator may provide any services and materials to agencies and may charge the agencies for providing the services and materials. All moneys received from the charges shall be deposited in the appropriation account under s. 20.545 (1) (k).

AB75-ASA1, s. 2487 Section 2487. 230.08 (2) (pd) of the statutes is amended to read:

AB75-ASA1,1331,10 230.08 (2) (pd) The chairperson of the parole earned release review commission.

AB75-ASA1, s. 2488 Section 2488. 230.12 (3) (e) 1. of the statutes is amended to read:

AB75-ASA1,1332,10 230.12 (3) (e) 1. The director, after receiving recommendations from the board of regents, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining unit under subch. V or VI of ch. 111 for which a representative is certified. The proposal shall include the salary ranges and adjustments to the salary ranges for the university senior executive salary groups 1 and 2 established under s. 20.923 (4g). The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employee benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents.

AB75-ASA1, s. 2489 Section 2489. 230.35 (2d) (e) of the statutes is amended to read:

AB75-ASA1,1332,15 230.35 (2d) (e) For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.