CHAPTER 199
CITIZENS UTILITY BOARD
199.04 Citizens utility board: formation and membership.
199.05 Powers and duties.
199.07 Duties of directors.
199.074 Director statement of financial interest.
199.075 Executive director; qualifications; method of hire.
199.08 Annual membership meeting.
199.09 Conduct of procedure.
199.10 Mailing procedure.
199.11 Appointment of interim directors.
199.12 Election of directors.
199.14 Corrupt practices and conflicts of interest.
199.15 Corporation to be nonpartisan.
199.01
199.01
Title. This chapter may be cited as “The Citizens Utility Board Act".
199.01 History
History: 1979 c. 72.
199.02
199.02
Purpose. The purpose of this chapter is to promote the health, welfare and prosperity of all the citizens of this state by ensuring effective and democratic representation of individual farmers and other individual residential utility consumers before regulatory agencies, the legislature and other public bodies and by providing for consumer education on utility service costs and on benefits and methods of energy conservation. Such purpose shall be deemed a statewide interest and not a private or special concern.
199.02 History
History: 1979 c. 72.
199.03
199.03
Definitions. As used in this chapter:
199.03(1)
(1) “Board" means the board of directors of the corporation.
199.03(2)
(2) “Campaign contribution" means a gift, subscription, loan, advance or deposit of money or anything of value, made for the purpose of electing a candidate to the board; or a contract, promise or agreement, express or implied, whether or not legally enforceable, to make any campaign contribution; but does not include the value of services provided without compensation by individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, or the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual's residential premises for candidate-related activities if the cumulative value of the activities to the individual on behalf of any candidate does not exceed $100 for any election.
199.03(3)
(3) “Campaign expenditure" means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made for the purpose of electing a candidate to the board; or a contract, promise, or agreement, express or implied, whether or not legally enforceable, to make any campaign expenditure; but does not include the use of real or personal property and the cost of invitations, food, and beverages, voluntarily provided by an individual to a candidate in rendering voluntary personal services on the individual's residential premises for candidate-related activities if the cumulative value of the activities by the individual on behalf of any candidate does not exceed $100 for any election.
199.03(4)
(4) “Class A utility" means any gas, electric or water utility with annual total gross operating revenues of $2.5 million or more or any telecommunications utility with annual total gross operating revenues of $1,600,000 or more on November 29, 1979.
199.03(5)
(5) “Corporation" means the citizens utility board.
199.03(6)
(6) “Director" means any member of the board.
199.03(7)
(7) “District" means a corporation district, the boundaries of which are congruent with the boundaries of the congressional districts in the state.
199.03(8)
(8) “Immediate family" of a person means the person's spouse and legal dependents.
199.03(9)
(9) “Member" means any person who satisfies the requirements for membership under s.
199.04 (1).
199.03(10)
(10) “Periodic customer billing" means a notice required by law or an invoice listing charges submitted to a residential utility customer on a monthly or other regular basis by a public utility to whom the corporation furnishes an enclosure under s.
199.10. “Periodic customer billing" does not mean any promotional or informational literature, invoice listing charges for any other person or any enclosure which describes current or future service charges.
199.03(11)
(11) “Political committee" means any committee, club, association or other group of persons which makes campaign expenditures or receives campaign contributions during the year before an election of the board.
199.03(12)
(12) “Public utility" means any person, except a town, village, city or sanitary district, who owns, operates, manages or controls any plant or equipment or any part of a plant or equipment, within the state for the production, transmission, delivery or furnishing of heat, light, water, telecommunications service or power either directly or indirectly to or for the public. “Public utility" includes any person engaged in the transmission or delivery of natural gas for compensation within this state by means of pipes or mains. “Public utility" does not include a cooperative organized under ch.
185 for the purpose of generating, distributing, or furnishing electric energy to its members only, or a cooperative organized under ch.
185 or
193 for the purpose of furnishing telecommunications service to its members only.
199.03(14)
(14) “Residential utility consumer" means any individual who lives in a dwelling which is located in this state and which is furnished with a utility service by a public utility. “Residential utility consumer" includes, but is not limited to, an individual engaged in farming as defined under s.
102.04 (3).
199.03(15)
(15) “Utility service" means electricity, natural gas, water and telecommunications service supplied by a public utility.
199.04
199.04
Citizens utility board: formation and membership. 199.04(1)(1)
There is created a nonprofit public body corporate and politic to be known as the “Citizens Utility Board". Any residential utility consumer at least 18 years old who has contributed at least $3 but not more than $100 in membership fees to the corporation in the preceding 12 months shall be a member of the corporation. A member may resign from membership at any time.
199.04(2)
(2) Notwithstanding any other provision of this chapter or any other provision of law, if the corporation does not receive contributions from at least 1,000 citizens of this state within 5 years of November 29, 1979, and if the corporation does not receive at least $10,000 within 5 years of November 29, 1979, the corporation shall be dissolved.
199.04 History
History: 1979 c. 72.
199.04 Annotation
The creation of the citizens utility board is constitutional. 69 Atty. Gen. 153.
199.04 Annotation
The board legally dissolved and reorganized as a non-stock, non-profit corporation.
75 Atty. Gen. 168.
199.05
199.05
Powers and duties. 199.05(1)(a)
(a) Represent and protect the interests of the residential utility consumers of this state. All actions by the corporation under this chapter shall be directed toward such duty.
199.05(1)(b)
(b) Inform, insofar as possible, all residential utility consumers about the corporation, including the procedure for obtaining membership in the corporation.
199.05(1)(c)
(c) Make available to all residential utility consumers information on utility service costs and on benefits and methods of energy conservation.
199.05(2)
(2) The corporation shall have all the powers necessary or convenient for the effective representation and protection of the interests of residential utility consumers and to implement this chapter, including the following powers in addition to all other powers granted by this chapter:
199.05(2)(a)
(a) To make, amend and repeal bylaws and rules for the regulation of its affairs and the conduct of its business; to adopt an official seal and alter it at pleasure; to maintain an office; to sue and be sued in its own name, plead and be impleaded; and to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the corporation.
199.05(2)(b)
(b) To employ such agents, employees and special advisers as it finds necessary and to fix their compensation.
199.05(2)(c)
(c) To solicit and accept gifts, loans or other aid in order to support activities concerning the interests of residential utility consumers, except that the corporation may not accept gifts, loans or other aid from any public utility or from any director, employee or agent or member of the immediate family of a director, employee or agent of any public utility and except that after the first election under s.
199.12 the corporation may not accept from any individual, private corporation, association or partnership in any single year a total of more than $1,000 in gifts. Under this paragraph, “aid" does not mean payment of membership fees under s.
199.04.
199.05(2)(d)
(d) To intervene as a party or otherwise participate on behalf of residential utility consumers in any proceeding which affects the interests of residential utility consumers.
199.05(2)(e)
(e) To represent the interests of residential utility consumers before legislative bodies and other public bodies, except that no director, employee or agent of the corporation may engage in lobbying without first complying with subch.
III of ch. 13 and any other statute, administrative rule or other regulation relating to lobbying.
199.05(2)(g)
(g) To seek tax exempt status under state and federal law.
199.05 History
History: 1979 c. 72.
199.06
199.06
Board. The corporation shall be managed by a board to be composed as follows:
199.06(1)(a)
(a) Two directors shall be elected from each district under s.
199.12. A director shall represent the interests of the residential utility consumers of his or her district and of the state. A director shall have one vote on the board. The term of office of a director elected under this subsection shall be 3 years except as provided under par.
(b). No director may serve more than 2 consecutive full terms.
199.06(1)(b)
(b) Of the directors first elected to the board, one-third, each from a different district, shall serve for a one-year term; one-third, each from a different district, shall serve for a 2-year term; and one-third plus any remaining number, each from a different district, shall serve for a 3-year term. The directors first elected to the board shall take office when certified as elected by the interim board under s.
199.12 (7) (e). The interim board of directors shall designate the length of the first terms under s.
199.11 (2) (g).
199.06(2)
(2) Qualifications. A director shall be a resident of the district he or she represents and a member of the corporation. No person who is a director, employee or agent or who is a member of the immediate family of a director, employee or agent of any public utility is eligible to be a director. No director may hold any elective position, be a candidate for any elective position, or be a state public official as defined in s.
19.42 (14).
199.06(3)
(3) Meetings. The board shall hold regular meetings at least once every 3 months on such dates and at such places as it may determine. Special meetings may be called by the president or by a majority of the directors upon at least 5 days' advance written notice. A majority of the directors shall constitute a quorum. A majority vote of the directors present shall determine any question. If the vote is a tie vote, the question shall fail. A summary of the minutes of every board meeting shall be distributed to all public libraries in the state.
199.06(4)
(4) Expenses. A director may not receive any compensation for his or her services but shall be reimbursed for wages actually lost in an amount not to exceed $50 per day and for necessary expenses, including travel expenses incurred in the discharge of duties. The board shall establish standard allowances for mileage, room and meals and the purposes for which such allowances may be made and shall determine the reasonableness and necessity for such reimbursements. The board shall include the schedule of such standard allowances in the annual report under s.
199.07 (4) (d).
199.06(5)
(5) Bonding. Directors and employees eligible to disburse funds shall be bonded. The costs of such bonds shall be paid by the corporation.
