SB428,13,138 196.50 (2) (i) A telecommunications utility certified under this subsection is
9exempt from ss. 196.02 (2) and (6), 196.05, 196.06, 196.07, 196.08, 196.09, 196.10,
10196.12, 196.13, 196.16, 196.18, 196.19, 196.20, 196.21, 196.219 (3) (c), (e), (g), and (L),
11(4d), (4m), and (5), 196.24, 196.395 (1), 196.49, 196.52, 196.58, 196.60, 196.64,
12196.78, and 196.79 and, except with respect to wholesale telecommunications
13service, is exempt from s. 196.219 (4).
SB428, s. 24 14Section 24. 196.52 (3) (b) 1. of the statutes, as affected by 2011 Wisconsin Act
1522
, is amended to read:
SB428,13,2516 196.52 (3) (b) 1. The requirement for written approval under par. (a) shall not
17apply to any contract or arrangement if the amount of consideration involved is not
18in excess of $25,000 the threshold amount under subd. 1m. or 5% of the equity of the
19public utility, whichever is smaller. The requirement under par. (a) also does not
20apply to contracts or arrangements with joint local water authorities under s.
2166.0823. Regularly recurring payments under a general or continuing arrangement
22which aggregate a greater annual amount may not be broken down into a series of
23transactions to come within the exemption under this paragraph. Any transaction
24exempted under this paragraph shall be valid or effective without commission
25approval under this section.
SB428, s. 25
1Section 25. 196.52 (3) (b) 1m. of the statutes is created to read:
SB428,14,62 196.52 (3) (b) 1m. The threshold amount under subd. 1. is $250,000, except that
3in 2014 and biennially thereafter, the commission shall adjust such threshold
4amount to reflect adjustments to the U.S. consumer price index for all urban
5consumers, U.S. city average, as determined by the U.S. department of labor, and
6disseminate the adjusted threshold on the commission's Web site.
SB428, s. 26 7Section 26. 196.52 (3) (d) of the statutes is created to read:
SB428,14,148 196.52 (3) (d) 1. If a hearing is held on an application under this subsection,
9the commission shall take final action on the application within 180 days after the
10commission issues a notice of hearing on the application. The chairperson of the
11commission may extend the time period for an additional 180 days for good cause.
12If the commission fails to take final action within the initial 180-day period, or the
13extended 180-day time period, the commission is considered to have approved the
14application.
SB428,14,1915 2. If a hearing is not held on an application under this subsection, the
16commission shall take final action on the application within 90 days after the
17commission issues a notice opening a docket on the application. If the commission
18fails to take final action within the initial 90-day period, the commission is
19considered to have approved the application.
SB428, s. 27 20Section 27. 196.795 (6m) (c) of the statutes is amended to read:
SB428,15,221 196.795 (6m) (c) Wholesale merchant plants. The assets of a wholesale
22merchant plant shall not be included in the sum of the assets of a public utility
23affiliate under par. (b) 1. a., b. or c. and shall not be included in a nonutility affiliate's
24total assets under par. (b) 2. a. if the requirements specified in s. 196.491 (3m) (a) 1.

1and 2. are satisfied or if the wholesale merchant plant qualifies for the exemption
2under s. 196.491 (3m) (e) 1.
SB428, s. 28 3Section 28. 196.81 (3) of the statutes, as affected by 2011 Wisconsin Act 22,
4is renumbered 196.81 (3) (intro.) and amended to read:
SB428,15,55 196.81 (3) (intro.) This section does not apply to a any of the following:
SB428,15,7 6(a) A service discontinuance by a public utility that is a telecommunications
7provider.
SB428, s. 29 8Section 29. 196.81 (3) (b) of the statutes is created to read:
SB428,15,129 196.81 (3) (b) A public utility's removal, at the request of a customer, of the
10customer's electric service drop or electric or steam service lateral, including any
11primary voltage or steam line that is used exclusively to serve the customer
12requesting the removal.
SB428, s. 30 13Section 30. 227.48 (1) of the statutes is amended to read:
SB428,15,1614 227.48 (1) Every Except as provided in s. 196.40, every decision when made,
15signed and filed, shall be served forthwith by personal delivery or mailing of a copy
16to each party to the proceedings or to the party's attorney of record.
SB428, s. 31 17Section 31. 230.08 (2) (mL) of the statutes is amended to read:
SB428,15,1918 230.08 (2) (mL) One executive assistant of each commissioner of the public
19service commission, created under s. 15.79 (1).
SB428, s. 32 20Section 32. 941.40 (2) of the statutes is created to read:
SB428,16,221 941.40 (2) Any person who intentionally breaks down, interrupts, or removes
22any telegraph, telecommunications, electric light, or electric power line or wire
23including grounds or who destroys, disturbs, interferes with, or injures the wires,
24poles, or other property of any telegraph, telecommunications, electric light, or

1electric power company, including a cooperative association organized under ch. 185,
2is guilty of a Class B misdemeanor.
SB428, s. 33 3Section 33. 941.40 (3) of the statutes is created to read:
SB428,16,84 941.40 (3) Any person who, for any purpose, intentionally makes or causes to
5be made a physical electrical connection with any wire, cable, conductor, ground,
6equipment, facility, or other property of any telecommunications or electric power
7company, including a cooperative association organized under ch. 185, is guilty of a
8Class A misdemeanor.
SB428, s. 34 9Section 34. 941.40 (4) (b) of the statutes is created to read:
SB428,16,1510 941.40 (4) (b) Subsections (2) and (3) do not apply to a person who acts with the
11permission of the telecommunications or electric power company, including a
12cooperative association organized under ch. 185, that is affected or that owns the
13wire, pole, cable, conductor, ground, equipment, facility, or other affected property
14or with the permission of the person who owns the property on which the wire, pole,
15cable, conductor, ground, equipment, facility, or other affected property is located.
SB428, s. 35 16Section 35. Initial applicability.
SB428,16,1917 (1) Commissioners of the public service commission. The treatment of section
1815.79 (2) of the statutes first applies to an individual holding office as a commissioner
19of the public service commission on the effective date of this subsection.
SB428,16,2220 (2) Unlawful treatment of equipment. The treatment of sections 134.40 (title),
21(1), and (2) and 941.40 (2), (3), and (4) (b) of the statutes first applies to acts that occur
22on the effective date of this subsection.
SB428,16,2423 (3) Notices. The treatment of section 196.02 (7) of the statutes first applies to
24notices provided on the effective date of this subsection.
SB428,17,2
1(4) Prohibition on orders. The treatment of section 196.395 (2) of the statutes
2first applies to orders issued on the effective date of this subsection.
SB428,17,53 (5) Orders and determinations. The treatment of sections 196.40 and 227.48
4(1) of the statutes first applies to orders and determinations made on the effective
5date of this subsection.
SB428,17,66 (6) Certificates and approvals.
SB428,17,97 (a) The treatment of section 196.49 (5r) of the statutes first applies to
8applications filed with the public service commission under section 196.49 (1), (2),
9(3), or (5) of the statutes on the effective date of this paragraph.
SB428,17,1110 (b) The treatment of section 196.49 (5g) of the statutes first applies to projects
11proposed on the effective date of this paragraph.
SB428,17,1512 (7) Affiliated interest transactions. The treatment of section 196.52 (3) (b)
131. and 1m. and (d) of the statutes first applies to applications filed with the public
14service commission under section 196.52 (3) of the statutes on the effective date of
15this subsection.
SB428,17,1716 (8) Service line removals. The treatment of section 196.81 (3) (b) of the
17statutes first applies to removals that occur on the effective date of this subsection.
SB428,17,1818 (End)
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