Finally, the bill does all of the following:
1) The bill allows the attorney general to enforce the prohibition regarding
objectionable flows of current and the requirements regarding the deadlines for
remedying problems with plants and equipment. A court is allowed to award the
attorney general prosecution expenses, including attorney fees.

2) The bill provides that an electric utility that causes an objectionable flow of
current on the property of another is considered to have violated its duty under
current law to provide reasonably adequate service.
3) The bill allows a person who shows, by a preponderance of the evidence, that
the person is injured by a public utility's violation of laws enforced by the Public
Service Commission to collect treble the damages resulting from the injury. Under
current law, treble damages are allowed only if the violation is willful, wanton, or
reckless. In addition, under current law, the evidentiary standard that applies is
clear and convincing evidence, which requires more evidence than the standard
under the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB529, s. 1 1Section 1. 20.455 (1) (gm) of the statutes is created to read:
AB529,3,42 20.455 (1) (gm) Investigation and prosecution; objectionable flows of current.
3All moneys received under s. 196.73 (3) (d), for the expenses of investigation and
4prosecution of violations of s. 196.73 (3), including attorney fees.
AB529, s. 2 5Section 2. 196.64 (1) of the statutes is amended to read:
AB529,3,136 196.64 (1) If a director, officer, employee or agent of a public utility, in the course
7of the discharge of his or her duties, willfully, wantonly or recklessly does, causes or
8permits to be done any matter, act or thing prohibited or declared to be unlawful
9under this chapter or ch. 197, or willfully, wantonly or recklessly fails to do any act,
10matter or thing required to be done under this chapter, the public utility shall be
11liable to the person injured thereby in treble the amount of damages sustained in
12consequence of the violation. No recovery as in this section provided shall affect a
13recovery by the state of the penalty prescribed for such violation.
AB529, s. 3 14Section 3. 196.64 (2) of the statutes is amended to read:
AB529,4,2
1196.64 (2) The burden of proof in an action under sub. (1) rests with the person
2injured to prove the case by clear and convincing a preponderance of the evidence.
AB529, s. 4 3Section 4. 196.73 of the statutes is created to read:
AB529,4,5 4196.73 Bill of rights for remedying objectionable flows of electric
5current.
(1) Definitions. In this section:
AB529,4,86 (a) "Electric provider" means a public utility that furnishes electricity directly
7or indirectly to the public or a cooperative association organized under ch. 185 for the
8purpose of providing electric service to its members only.
AB529,4,109 (b) "Grounding conductor" means a conductor that connects the electrical
10distribution system of an electric provider to a grounding electrode or electrodes.
AB529,4,1611 (c) "Objectionable flow of current" means a steady state of load electrical
12current for 5 seconds or more on a grounding conductor or any other conductor that
13normally does not carry electric current, except for any temporary flow of electrical
14fault current that is caused by a phase-to-ground fault condition and that results
15from the performance of a grounding conductor's protective functions regarding
16faults or lightning.
AB529,4,20 17(2) Finding and purpose. The legislature finds that objectionable flows of
18current are detrimental to public health, safety, and welfare, and the purpose of this
19section is to advance substantially the state's legitimate interest in eliminating, and
20providing remedies for, objectionable flows of current.
AB529,4,24 21(3) Electric provider duties. (a) No electric provider may cause an
22objectionable flow of current to occur on property owned, leased, or occupied by any
23other person. For purposes of s. 196.03 (1), service by a public utility is not
24reasonably adequate if the public utility violates this paragraph.
AB529,5,8
1(b) A person who owns, leases, or occupies property on which an electric
2provider has violated par. (a) may bring an action to enjoin the violation, for damages
3resulting from the violation, or both. If the person prevails in the action, the court
4shall, notwithstanding s. 814.04 (1), allow reasonable attorney fees and costs to be
5paid by the electric provider. The court shall award treble the damages resulting
6from the violation if, before bringing the action, the person provided written notice
7of the violation to the electric provider and the electric provider failed to remedy the
8violation within 30 days after receiving such notice.
AB529,5,129 (c) 1. Except as provided in subd. 2., no later than January 1, 2012, each electric
10provider shall remedy all problems associated with its plant or equipment that cause
11an objectionable flow of current on property owned, leased, or occupied by a person
12other than the electric provider.
AB529,5,1713 2. If an objectionable flow of current is discovered in 2011 on property owned,
14leased, or occupied by a person that receives electric service from an electric provider,
15the electric provider shall remedy all problems associated with its plant or
16equipment that cause the objectionable flow of current no later than one year after
17the objectionable flow of current is discovered.
AB529,5,2218 (d) The attorney general may bring an action to enforce this subsection and a
19court may award the attorney general the reasonable and necessary expenses of
20prosecution, including attorney fees, from any person who violates this subsection.
21All moneys awarded by a court under this paragraph shall be credited to the
22appropriation account under s. 20.455 (1) (gm).
AB529,6,4 23(4) Products liability. If an electric provider that furnishes electricity to a
24customer or member causes an objectionable flow of current on property owned,
25leased, or occupied by the customer or member, the electric provider is considered,

1for purposes of any products liability action brought by the customer or member
2against the electric provider regarding the objectionable flow of current, to have
3provided a product in a defective condition to the customer or member that is
4unreasonably dangerous to the customer or member.
AB529,6,8 5(5) Trespass; other property interests. (a) An objectionable flow of current
6that an electric provider causes on the property of another person is a trespass on
7that property. A person is not required to show irreparable harm for a court to issue
8a preliminary injunction to restrain such a trespass.
AB529,6,119 (b) An electric provider may not obtain a prescriptive right to cause, or an
10easement or other property interest for causing, an objectionable flow of current to
11occur on the property of another person.
AB529,6,14 12(6) Penalties. (a) An electric provider that violates sub. (3) (c) 2. shall be
13required to forfeit $1,000 for each violation. Each day of continued violation
14constitutes a separate violation.
AB529,6,1815 (b) An electric provider that violates sub. (3) (c) 1. shall be required to forfeit
16not less than $500,000 and not more than $1,000,000. A court imposing a forfeiture
17under this paragraph shall consider all of the following in determining the amount
18of the forfeiture:
AB529,6,2019 1. The appropriateness of the forfeiture to the volume of business of the electric
20provider.
AB529,6,2121 2. The magnitude of harm caused by the violation.
AB529,6,2222 3. The duration of the violation.
AB529,6,24 23(7) Other remedies. The rights and remedies under this section are in addition
24to any other rights or remedies that may exist at law or in equity.
AB529, s. 5 25Section 5. 893.28 (2) of the statutes is amended to read:
AB529,7,9
1893.28 (2) Continuous use of rights in real estate of another for at least 10 years
2by a domestic corporation organized to furnish telegraph or telecommunications
3service or transmit heat, power or electric current to the public or for public purposes,
4or a cooperative association organized under ch. 185 to furnish telegraph or
5telecommunications service or transmit heat, power or electric current to its
6members, establishes the prescriptive right to continue the use, except as provided
7by s. ss. 196.73 (5) (b) and 893.29. A person who has established a prescriptive right
8under this subsection may commence an action to establish prescriptive rights under
9ch. 843.
AB529, s. 6 10Section 6. Initial applicability.
AB529,7,1211 (1) The treatment of section 196.64 (1) and (3) of the statutes first applies to
12violations occurring on the effective date of this subsection.
AB529,7,1413 (2) The treatment of section 196.73 (4) and (5) (a) of the statutes first applies
14to objectionable flows of current that occur on the effective date of this subsection.
AB529,7,1515 (End)
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