SB654,10,1512 66.0821 (5) (e) (intro.) Notwithstanding par. (a), the public service commission
13shall bill under s. 196.85 (1) any
Any expense of the commission attributable to a
14proceeding under par. (a) that is initiated under s. 281.49 (11) (d) as follows is subject
15to the following
:
SB654,8 16Section 8. 66.0821 (5) (e) 2. of the statutes is amended to read:
SB654,10,2417 66.0821 (5) (e) 2. If the commission determines in the proceeding that one or
18more of the septage disposal fees are unreasonable and determines and fixes by order
19reasonable fees that, when combined with any other applicable septage disposal fees,
20total an amount that is not at least 15 percent lower than the total amount of septage
21disposal fees established by the municipal sewage system for the quantity and type
22of septage specified in s. 281.49 (11) (b), the commission may require the licensed
23disposer that is a party to the dispute shall to pay the entire amount of the
24assessment.
SB654,9 25Section 9. 66.0821 (5) (e) 3. of the statutes is amended to read:
SB654,11,4
166.0821 (5) (e) 3. If the commission determines in the proceeding that the
2septage disposal fees are reasonable, the commission may require the licensed
3disposer that is a party to the dispute shall to pay the entire amount of the
4assessment.
SB654,10 5Section 10. 66.0821 (5) (e) 4. of the statutes is amended to read:
SB654,11,116 66.0821 (5) (e) 4. If the commission terminates the proceeding before making
7a final determination on the reasonableness of the septage disposal fees, the
8commission may require
the municipal sewage system and the licensed disposer that
9are parties to the dispute shall to each pay 50 percent of the assessment, unless the
10municipal sewage system and the licensed disposer agree to
or a different allocation
11of the assessment agreed to by the parties.
SB654,11 12Section 11. 66.0821 (5) (f) of the statutes is created to read:
SB654,11,1413 66.0821 (5) (f) 1. In this paragraph, "complainant" means a person who makes
14a complaint under par. (a) that is not initiated under s. 281.49 (11) (d).
SB654,11,1615 2. The public service commission may bill a complainant for any expense of the
16commission attributable to a proceeding under par. (a) as follows:
SB654,11,2017 a. If the commission determines in the proceeding that the rates, rules, or
18practices that are the subject of the complaint are not unreasonable, unjustly
19discriminatory, or inadequate, the commission may require the complainant to pay
20all or a portion, as determined by the commission, of the expenses.
SB654,11,2421 b. If the commission terminates the proceeding before making a final
22determination, the commission may require the municipality and complainant to
23each pay 50 percent of the expenses or a different allocation of the expenses agreed
24to by the municipality and complainant.
SB654,12,5
13. The public service commission shall mail a complainant a bill for any expense
2the commission requires the complainant to pay under subd. 2. The bill constitutes
3demand for payment. Within 30 days after the mailing of the bill, the complainant
4shall pay to the commission the amount billed. Ninety percent of the payment shall
5be credited to the appropriation account under s. 20.155 (1) (g).
SB654,12 6Section 12. 182.0175 (1) (ab) of the statutes is created to read:
SB654,12,77 182.0175 (1) (ab) "Commission" means the public service commission.
SB654,13 8Section 13. 182.0175 (1) (ac) of the statutes is created to read:
SB654,12,109 182.0175 (1) (ac) "Complainant" means a person who files a complaint under
10sub. (3) (am) 1.
SB654,14 11Section 14. 182.0175 (1) (ad) of the statutes is created to read:
SB654,12,1212 182.0175 (1) (ad) "Complaint" means a complaint filed under sub. (3) (am) 1.
SB654,15 13Section 15. 182.0175 (1) (ag) of the statutes is created to read:
SB654,12,1514 182.0175 (1) (ag) "Damage prevention fund" means the fund established under
15sub. (1m) (d) 11.
SB654,16 16Section 16. 182.0175 (1) (bq) of the statutes is created to read:
SB654,12,1817 182.0175 (1) (bq) "One-call system" means the system established under sub.
18(1m) (a).
SB654,17 19Section 17. 182.0175 (1) (br) of the statutes is created to read:
SB654,12,2020 182.0175 (1) (br) "Panel" means the panel appointed under sub. (1m) (d) 8.
SB654,18 21Section 18. 182.0175 (1) (bt) of the statutes is renumbered 182.0175 (1) (bo).
SB654,19 22Section 19. 182.0175 (1) (bx) of the statutes is created to read:
SB654,12,2423 182.0175 (1) (bx) "Respondent" means a person who is alleged in a complaint
24to have violated this section.
SB654,20 25Section 20. 182.0175 (1m) (d) 8. to 12. of the statutes are created to read:
SB654,13,2
1182.0175 (1m) (d) 8. Appoint a panel consisting of not less than 7 and not more
2than 9 members to carry out the duties specified in sub. (3) (am).
SB654,13,43 9. Establish policies, procedures, and forms as necessary to implement the
4requirements under sub. (3) (am).
SB654,13,65 10. Provide for the production and administration of the educational course
6under sub. (3) (am) 6.
SB654,13,87 11. Establish and maintain a damage prevention fund consisting of fees under
8sub. (3) (am) 6. and (c) 7. and surcharges under sub. (3) (d) 2.
SB654,13,129 12. Use the damage prevention fund at the one-call system's discretion to pay
10the cost of producing and administering the educational course under sub. (3) (am)
116. or providing for public outreach and underground utility damage prevention
12awareness programs.
SB654,21 13Section 21. 182.0175 (2) (am) (title) of the statutes is amended to read:
SB654,13,1414 182.0175 (2) (am) (title) Excavation notice and other duties.
SB654,22 15Section 22. 182.0175 (2) (am) 7. of the statutes is amended to read:
SB654,13,2016 182.0175 (2) (am) 7. Immediately notify the owner of a transmission facility if
17an inspection reveals that the transmission facility has been or may have been
18struck, damaged, dislocated or disrupted and, if flammable, toxic, or corrosive gas or
19liquid has escaped that may endanger life, cause bodily harm, or result in damage
20to property, promptly make a report to the 911 emergency telephone number
.
SB654,23 21Section 23. 182.0175 (2) (bm) (title) of the statutes is amended to read:
SB654,13,2222 182.0175 (2) (bm) (title) Notice contents.
SB654,24 23Section 24. 182.0175 (3) (title) of the statutes is repealed and recreated to
24read:
SB654,13,2525 182.0175 (3) (title) Enforcement.
SB654,25
1Section 25. 182.0175 (3) (a) (title) of the statutes is renumbered 182.0175 (3)
2(d) (title) and amended to read:
SB654,14,33 182.0175 (3) (d) (title) Forfeitures; surcharges.
SB654,26 4Section 26. 182.0175 (3) (a) of the statutes is renumbered 182.0175 (3) (d) 1.
5and amended to read:
SB654,14,126 182.0175 (3) (d) 1. Any In a consent agreement executed under par. (c) 4. or
7order issued under par. (c) 6., the commission may directly assess a forfeiture against
8a
person who willfully and knowingly violates this section may be required to forfeit
9of no more than $2,000 for each offense violation. Each day of continued violation
10constitutes a separate offense violation. The commission shall remit the forfeitures
11to the secretary of administration for deposit in the school fund. No other forfeiture
12may be imposed for a violation of this section
.
SB654,27 13Section 27. 182.0175 (3) (am) of the statutes is created to read:
SB654,14,1714 182.0175 (3) (am) Complaint. 1. Any person may file a complaint with the
15panel pursuant to procedures established by the one-call system that alleges that
16another person has violated or aided in the violation of this section. No complaint
17may be dismissed solely because of the absence of direct damage to the complainant.
SB654,14,2118 2. No complaint may be filed under subd. 1. after 120 days after a person
19discovers an alleged violation of this section, except that the panel may, for good
20cause shown, allow filing no later than one year after the discovery of an alleged
21violation.
SB654,15,522 3. Upon receipt of a complaint filed under subd. 1., the panel shall provide the
23respondent, by certified mail, a statement of the complaint and a notice requiring the
24respondent to file a response with the panel within 20 days after the date of service
25of the notice. The notice shall also advise the respondent of the amount of the fee

1required for completion of the educational course under subd. 6. Upon request of the
2respondent, the panel may extend the period for filing the response. In the response,
3the respondent shall admit or deny the violation alleged in the complaint or advise
4the panel that, based on the respondent's satisfaction of the complaint, the
5complainant has agreed to dismiss the complaint.
SB654,15,146 4. Within the period specified in subd. 5., the panel shall determine by majority
7vote whether there is probable cause to believe that the respondent has violated this
8section or whether to dismiss the complaint. The panel shall dismiss a complaint for
9lack of probable cause or at the request of the complainant. Except as provided in
10subd. 6., if the panel determines there is probable cause to believe that a respondent
11violated this section, the panel shall provide a notice of probable violation to the
12commission that includes the amount the panel by majority vote recommends the
13commission assess as a forfeiture under par. (d) 1. The panel shall consider the
14following factors in determining the amount of a recommended forfeiture:
SB654,15,1615 a. The amount of damage, degree of threat to the public safety, and
16inconvenience caused by the respondent's alleged violation of this section.
SB654,15,1817 b. The respondent's plans and procedures to ensure future compliance with this
18section.
SB654,15,1919 c. Any history of previous violations of this section by the respondent.
SB654,15,2020 d. Any other matter as justice requires.
SB654,15,2221 5. The panel shall make a determination regarding probable cause under subd.
224. within one of the following periods:
SB654,15,2423 a. If a respondent files a response within the period specified or extended under
24subd. 3., within 20 days after the respondent files the response.
SB654,16,3
1b. If a respondent fails to file a response within the period specified in subd. 3.
2and the panel has not extended the period under subd. 3., within 40 days after the
3panel's service of the notice under subd. 3.
SB654,16,64 c. If the panel has extended the period under subd. 3. and the respondent fails
5to file a response within the extended period, within 20 days after expiration of the
6extended period.
SB654,16,147 6. If the panel determines there is probable cause to believe that a respondent
8violated this section, the one-call system may allow the respondent to attend an
9educational course in lieu of providing notice of probable violation to the commission
10under subd. 4. The one-call system shall require a respondent who agrees to attend
11the educational course to pay a fee before completion of the course for recovering a
12portion of the cost of producing the educational course and the direct cost of
13administering the educational course for the respondent. The one-call system shall
14deposit any fees collected in the damage prevention fund.
SB654,28 15Section 28. 182.0175 (3) (b) of the statutes is renumbered 182.0175 (3m) and
16amended to read:
SB654,16,2117 182.0175 (3m) Misdemeanor. Whoever intentionally removes, moves or
18obliterates a transmission facilities marking placed by the transmission facilities
19owner may be fined not more than $500 or imprisoned for not more than 30 days or
20both. This paragraph subsection does not apply to an excavator who removes or
21obliterates markings during an excavation.
SB654,29 22Section 29. 182.0175 (3) (c) of the statutes is created to read:
SB654,17,223 182.0175 (3) (c) Commission duties. 1. Upon receipt of a notice of probable
24violation under par. (am) 4., the commission shall serve a notice of the probable
25violation on the respondent. The commission shall serve the notice using personal

1delivery, mail, electronic mail, or any other reasonable method to provide notice. The
2notice may include any of the following:
SB654,17,43 a. A statement of the provisions of the statutes, rules, or commission orders
4that the person or persons are alleged to have violated.
SB654,17,65 b. A copy of this section and any other provisions of the statutes or rules upon
6which the commission is relying in the enforcement action for the violation.
SB654,17,77 c. Any forfeiture amount recommended by the panel.
SB654,17,108 d. A statement that the commission may require the respondent to attend and
9pay for the educational course under par. (am) 6. in lieu of or in addition to assessing
10a forfeiture.
SB654,17,1311 2. Within 30 days of receipt of a notice of probable violation under subd. 1., the
12respondent shall respond by the method specified by the commission in at least one
13of the following ways:
SB654,17,1514 a. Submitting written explanations, a statement of general denial, or other
15materials contesting the alleged violation.
SB654,17,1716 b. Submitting a signed admission that the respondent committed the violation
17that is the subject of the notice.
SB654,17,2218 3. Unless good cause is shown or a consent agreement is executed under subd.
194. before expiration of the period under subd. 2., the failure of a respondent to
20respond within that period shall constitute an admission that the respondent
21committed the violation that is the subject of the notice. The admission may be used
22against the respondent in any future proceeding.
SB654,18,223 4. At any time before the commission issues an order under subd. 6., the
24commission and the respondent may agree to dismiss the complaint by joint

1execution of a consent agreement. A consent agreement shall become effective when
2the commission issues an order approving the consent agreement.
SB654,18,63 5. A consent agreement under subd. 4. may assess against the respondent a
4forfeiture under par. (d) 1., require the respondent to attend the educational course
5under par. (am) 6., or do both. Each consent agreement under subd. 4. shall include
6all of the following:
SB654,18,77 a. An admission by the respondent of all jurisdictional facts.
SB654,18,108 b. An express waiver of any further procedural steps and of the right to seek
9judicial review or otherwise challenge or contest the validity of the commission's
10order approving the consent agreement.
SB654,18,1211 c. A statement of the actions required of the respondent and the time by which
12the actions shall be completed.
SB654,18,1713 6. If a complaint is not dismissed under a consent agreement under subd. 4.,
14the commission may, no sooner than 30 days after the commission serves the
15respondent the notice under subd. 1., issue an order assessing a forfeiture under par.
16(d) 1., require the respondent to attend the educational course under par. (am) 6., or
17do both.
SB654,18,2218 7. If a consent agreement under subd. 4. or order under subd. 6. requires a
19respondent to attend the educational course under par. (am) 6., the consent
20agreement shall also require the respondent to pay the one-call system a fee
21determined by the one-call system for the educational course, which the one-call
22system shall deposit in the damage prevention fund.
SB654,30 23Section 30. 182.0175 (3) (d) 2. of the statutes is created to read:
SB654,19,324 182.0175 (3) (d) 2. For each forfeiture assessed under subd. 1., the commission
25shall require the person assessed to pay a surcharge equal to 10 percent of the

1amount of the forfeiture to the one-call system, which the one-call system shall
2deposit in the damage prevention fund. If the amount of a forfeiture is reduced on
3appeal, the amount of the surcharge shall be proportionately reduced.
SB654,31 4Section 31. 182.0175 (3) (e) of the statutes is created to read:
SB654,19,155 182.0175 (3) (e) Review of delegated order. Upon the receipt of a written
6petition of a complainant or respondent requesting review of an order issued by an
7employee of the commission who was delegated the powers and duties under pars.
8(c) and (d) by the commission, the commission may review that order. The filing of
9a written petition for review shall not suspend or delay the effective date of the order,
10and the order shall continue in effect unless the petition is granted or until the order
11is superseded, modified, or set aside as provided by law. The complainant or
12respondent may request review by the commission no later than 20 days after the
13order by the employee is issued. If the commission does not issue an order with
14respect to a request for review under this paragraph within 30 days after the request
15is filed, the request is considered denied.
SB654,32 16Section 32. 182.0175 (3) (f) of the statutes is created to read:
SB654,19,2017 182.0175 (3) (f) Presumption of validity. Any recommendation, order, or other
18action of the panel, one-call system, or commission under this subsection is
19presumed valid. The burden is upon the person claiming the recommendation, order,
20or other action to be invalid to plead and prove the facts establishing the invalidity.
SB654,33 21Section 33. 182.0175 (3) (g) of the statutes is created to read:
SB654,19,2322 182.0175 (3) (g) Rules. The commission may promulgate rules implementing
23the requirements under pars. (c) to (f).
SB654,34 24Section 34. 182.0175 (4) of the statutes is amended to read:
SB654,20,3
1182.0175 (4) Right of action. This Except as provided in sub. (3) (d) 1. and (f),
2this
section shall not affect any right of action or penalty which this state or any
3person may have.
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