AB150-engrossed,1738,1023
190.051
(1) Any railroad corporation may extend its road from any point named
24in its charter or articles of organization, or may build branch roads from any point
25on its line or from any point on the line of any other road connected or to be connected
1with its road, the use of which other road between such points and the connection
2with its own road such corporation shall have secured for a term of not less than ten
3years. Before making such extension or building any such branch road such
4corporation shall, by resolution of its directors, to be entered in the record of its
5proceedings, designate the route of such proposed extension or branch, and file, for
6record, a copy of such record, certified by the president and secretary,
in the office of
7the secretary of state with the department of financial institutions. Thereupon such
8corporation shall have all the rights and privileges to make such extension or build
9such branch and receive aid thereto which it would have had if it had been authorized
10in its charter or articles of organization.
AB150-engrossed,1738,2512
190.06
(1) Any railroad corporation existing under the laws of this state, or by
13consolidation under said laws and the laws of other states, may consolidate with any
14other railroad corporation, and possess all of the powers, franchises and immunities,
15and be subject to all the liabilities and restrictions of railroad corporations generally,
16and such, in addition, as the combining corporations peculiarly possessed or were
17subject to at the time of consolidation. Articles of consolidation shall be approved by
18each corporation, by a vote of a majority of the stock at an annual meeting or at a
19special meeting called for that purpose or by the consent in writing of the holders of
20a majority of the stock annexed to such articles; and such articles, with a copy of the
21records of such approval or such consent and accompanied by lists of the stockholders
22and the number of shares held by each, duly certified by their respective presidents
23and secretaries, shall be filed for record
in the office of the secretary of state with the
24department of financial institutions before any such consolidation shall have
25validity or effect.
AB150-engrossed,1739,72
190.11
(1) Every conveyance or lease, deed of trust, mortgage or satisfaction
3thereof made by any railroad corporation shall be executed and acknowledged in the
4manner in which conveyances of real estate by corporations are required to be to
5entitle the same to be recorded, and shall be filed
in the office of the secretary of state,
6who with the department of financial institutions, which shall endorse thereon
7"filed" and the date of filing.
AB150-engrossed,1739,109
190.11
(3) The
secretary of state
department of financial institutions shall
10collect a fee of $1 per page filed under sub. (1).
AB150-engrossed,1739,1712
190.11
(4) The
secretary of state
department of financial institutions shall
13collect a fee at the rate under s. 77.22 and, on or before the 15th day of the month after
14the fee is collected, shall remit that fee to the department of administration for
15deposit in the general fund
and transmit a copy of the return associated with that
16return to the department of revenue. Sections 77.21, 77.22 and 77.25 to 77.27 apply
17to the fee under this subsection.
AB150-engrossed,1740,3
19190.13 Report to stockholders. Every railroad corporation shall make an
20annual report to its stockholders of its operations for the preceding calendar year, or
21for its fiscal year, as the case may be, which report shall contain a balance sheet
22showing its assets and liabilities, its capital stock, and funded debt, and an income
23account showing its operating revenues, operating expenses, gross and net income,
24as the result of its traffic or business operations, and such other information in
25respect of its affairs as the board of directors shall deem advisable. A copy of each
1such report shall be kept on file in its principal office in this state, shall be mailed
2to each stockholder whose post-office address is known and shall be filed with the
3office of the commissioner of railroads department of financial institutions.
AB150-engrossed,1740,185
191.10
(1) Issuance, filing, recording, condemnation. If the office of the
6commissioner of railroads finds that the proposed railroad would be a public
7convenience and that a necessity requires its construction, the office of the
8commissioner of railroads shall enter an order to that effect and issue to the applicant
9a certificate that public convenience and a necessity require the construction of the
10railroad as proposed. The certificate shall be filed in the office of the
secretary of state 11department of financial institutions and the
office of the secretary of state 12department of financial institutions shall approve the map showing the route of the
13railroad. The applicant shall record the map certified by the office of the
14commissioner of railroads in the office of the register of deeds in each county in which
15the railroad shall be located. The filing of the certificate with the
secretary of state 16department of financial institutions and the recording of the map, as above provided,
17are conditions precedent to the right of the applicant to institute condemnation
18proceedings.
AB150-engrossed,1742,6
20192.71 Lands may be sold; proceedings if terms of grant not complied
21with. Any railroad corporation upon which any lands granted to this state shall have
22been conferred to aid in the construction of any railroad may sell, assign and transfer
23the lands so conferred upon it or any portion thereof to any other railroad corporation
24which shall by law have the right to construct a railroad along and upon the line or
25any portion of the line upon which such lands are applicable under the grant of this
1state upon such terms and conditions as it shall fix; provided, that the corporation
2receiving such lands shall be bound to construct the part of the line of railroad to aid
3in the construction of which the lands were granted to this state, to which the
4assigned lands are applicable according to the terms of the grant by congress, and
5to comply fully with all conditions and requirements contained in the act in and by
6which the state conferred said lands upon said corporation. The terms and
7conditions of every such transfer shall be embodied in an agreement in writing,
8which shall be recorded
in the office of the secretary of state with the department of
9financial institutions; and provided further, that no such transfer or assignment
10shall be of any force or effect until two-thirds of the full-paid stockholders of the
11corporation making the same shall have assented in writing thereto and until such
12assent shall have been filed with the
secretary of state department of financial
13institutions. Whenever any grant of lands shall have been or shall hereafter be made
14to any corporation to aid in the construction of a railroad upon condition that such
15road or any portion thereof shall be completed within the period of time or times fixed
16or limited by the act or acts making such grant or grants or by any act or acts
17amendatory thereof, and such corporation shall have failed or shall hereafter fail to
18complete such railroad or any part or portions thereof within the time or times fixed
19or limited by such act or acts, it shall be the duty of the attorney general of the state
20to immediately institute, if the legislature shall not have revoked said grant,
21proceedings against such corporation in the supreme court of the state to ascertain
22judicially the facts in the premises, and if it shall appear that such corporation has
23failed to complete its railway or any portion thereof within the time limited by said
24act or acts, or has otherwise committed a breach of the condition or conditions upon
25which said grant was conferred upon it, or of the requirements of said act, judgment
1shall be entered in behalf of the state forfeiting, vacating and setting aside such grant
2or grants and annulling all rights and interest of such corporation in and to all lands
3granted to it and not fully earned and restoring such lands to the state, and such
4corporation shall thereafter be barred and foreclosed of all rights and interests in or
5to the lands so adjudged to be forfeited and restored to the state, and of all right to
6in any manner thereafter acquire the same.
AB150-engrossed,1742,248
195.60
(2) The office shall annually, within 90 days after the close of each fiscal
9year, ascertain the total of its expenditures during such year which are reasonably
10attributable to the performance of its duties relating to railroads. For purposes of
11such calculation, 90% of the expenditures so determined shall be expenditures of the
12office and 10% of the expenditures so determined shall be expenditures for state
13government operations. The office shall deduct therefrom all amounts chargeable
14to railroads under sub. (1) and s. 184.10 (3). A sum equal to the remainder plus 10%
15of the remainder shall be assessed by the office to the several railroads in proportion
16to their respective gross operating revenues during the last calendar year, derived
17from intrastate operations. Such assessment shall be paid within 30 days after the
18bill has been mailed to the several railroads, which bill shall constitute notice of
19assessment and demand of payment thereof. The total amount which may be
20assessed to the railroads under authority of this subsection shall not exceed
one
21percent 1.75% of the total gross operating revenues of such railroads, during such
22calendar year, derived from intrastate operations. Ninety percent of the payment
23shall be credited to the appropriation account under s. 20.155 (2) (g). The railroads
24shall furnish such financial information as the office requires.
AB150-engrossed,1743,4
1196.03
(3) (b) Unless the governing body of a city, village or town adopts a
2resolution providing that the city, village or town will pay the retail charges for the
3production, storage, transmission, sale and delivery or furnishing of water for public
4fire protection purposes that are not included in general service charges:
AB150-engrossed,1743,65
1. A public utility shall include the charges in the water utility bill of each
6customer of the public utility in the city, village or town.
AB150-engrossed,1743,97
2. A municipal utility may, in addition to including the charges in water utility
8bills under subd. 1., bill the charges to any person who meets all of the following
9conditions:
AB150-engrossed,1743,1010
a. The person is not a customer of the municipal utility.
AB150-engrossed,1743,1311
b. The person owns land that is located in the city, village or town and in an area
12in which the municipal utility has an obligation to provide water for public fire
13protection.
AB150-engrossed,1743,2015
196.04
(1) (b) 1. Any person who owns transmission equipment and property
16shall permit, for reasonable compensation, the use of the transmission equipment
17and property by any
public utility or telecommunications provider if public
18convenience and necessity require such use and if the use will not result in
19irreparable injury to any owner or user of the transmission equipment and property
20or in any substantial detriment to the service to be rendered by the owner or user.
AB150-engrossed,1744,2
22196.175 Construction and occupancy standards. The commission may
23not establish or enforce construction or occupancy standards applicable to any public
24building, as defined in s. 101.01
(2) (g) (12), dwelling, as defined in s. 101.71 (2) or
1any occupancy standard applicable to any place of employment as defined in s. 101.01
2(2) (f) (11).
AB150-engrossed,1744,194
196.20
(5) (d) If the commission does not conduct a hearing under this
5subsection, a proposed rate increase or change in a rate schedule becomes effective
6as proposed and any rates, tolls or charges under review under s. 196.215 (6) or (7)
7may not be altered unless the commission issues a final order no later than 150 days
8after the commission receives the application or receives the information under par.
9(b) 1g. and 1r. If the commission conducts a hearing, a proposed rate increase or
10change in a rate schedule becomes effective as proposed and any rates, tolls or
11charges under review under s. 196.215 (6) or (7) may not be altered unless the
12commission issues the final order no later than 180 days after the commission
13receives the application or receives the information under par. (b) 1g. and 1r. If the
14commission conducts a hearing, the hearing examiner may extend the time for
15issuing a final order up to 30 additional days. The commission and the small
16telecommunications utility may agree in writing to extend the time for issuing a final
17order. Notwithstanding
s. ss. 196.34
and 196.36 (2), the commission may require the
18small telecommunications utility to bear the expense of
a stenographer to record 19producing a transcript of a hearing conducted under this section.
AB150-engrossed,1745,621
196.20
(6) If a telecommunications utility that is not a small
22telecommunications utility and that has 150,000 or less access lines in use in this
23state files with the commission an application for a rate change that constitutes an
24increase in rates, the rate change becomes effective as proposed unless the
25commission issues the final order on the application no later than 180 days after the
1commission receives the application. The hearing examiner may extend the time for
2issuing a final order up to 30 additional days. The commission and the
3telecommunications utility may agree in writing to extend the time for issuing a final
4order. Notwithstanding
s. ss. 196.34
and 196.36 (2), the commission may require the
5telecommunications utility to bear the expense of
a stenographer to record producing
6a transcript of a hearing conducted under this subsection.
AB150-engrossed,1745,138
196.209
(5) (a)
The At the commencement of each gubernatorial term of office,
9the commission shall appoint a telecommunications privacy council under s. 15.04
10(1) (c) consisting of representatives of telecommunications providers and of
11consumers of telecommunications services, including this state.
The privacy
12advocate designated under s. 19.625 (1) shall be a member of the telecommunications
13privacy council.
AB150-engrossed,1745,1915
196.218
(6) (a)
The At the commencement of each gubernatorial term of office,
16the commission shall appoint a universal service fund council under s. 15.04 (1) (c)
17consisting of representatives of telecommunications providers and consumers of
18telecommunications services, including this state. The majority of the members of
19the council shall be representatives of consumers of telecommunications services.
AB150-engrossed,1745,24
21196.34 (title)
Stenographic Commission records. The commission shall
22keep a complete record of its proceedings before the commission or its agent
on in any
23formal investigation or hearing
held and shall appoint a stenographer to record all
24testimony presented at such proceedings.
AB150-engrossed,1746,1
1196.36 (title)
Transcripts as evidence; free to parties and tapes.
AB150-engrossed,1746,123
196.36
(1) (title)
Transcripts. The commission shall receive into evidence a
4transcribed copy of the evidence and proceedings, or any specific part of the evidence
5and proceedings, on any investigation or hearing taken by
the a stenographer
6appointed by the commission if the stenographer certifies that the copy is a true and
7correct transcript of all the testimony or of the testimony of a particular witness, or
8of any other specific part of the investigation or hearing, that the transcript was
9carefully compared by the stenographer with his or her original notes, and that the
10copy is a correct statement of the evidence presented and proceedings held in the
11investigation or hearing. The certified copy shall have the same effect as if the
12stenographer were present and testified to the correctness of the copy.
AB150-engrossed,1746,2314
196.36
(1m) Transcripts from tapes. The commission shall receive into
15evidence a transcribed copy of an audiotape or videotape of the evidence and
16proceedings, or any specific part of the evidence and proceedings, of any investigation
17or hearing that is recorded if the transcriber certifies that the copy is a true and
18correct transcription from the audiotape or videotape of all the testimony or of the
19testimony of a particular witness, or of any other specific part of the investigation or
20hearing and that the copy is a correct statement of the evidence presented and
21proceedings held in the investigation or hearing. The certified copy shall have the
22same effect as if the transcriber were present and testified to the correctness of the
23copy.
AB150-engrossed,1747,6
1196.36
(2) (title)
Copies. A copy of a transcript under this section shall be
2furnished on demand free of cost to any party to the investigation or hearing from
3which the transcript is taken.
Upon request, the commission shall furnish a copy of
4an audiotape or videotape to any party to the investigation or hearing from which the
5audiotape or videotape is taken. The commission may charge a reasonable price for
6the tape.
AB150-engrossed,1748,48
196.491
(2) (g) Within 180 days after the plan is filed, the commission shall hold
9a hearing thereon. The hearing shall be held in an administrative district,
10established by executive order 22, issued August 24, 1970, which the commission
11determines will be significantly affected by facilities proposed in the plan to be
12constructed in the following 3 years. The commission may thereafter adjourn the
13hearing to other locations
or may conduct the hearing by interactive video conference
14or other electronic method. Notice of such hearing shall be given by class 1 notice,
15under ch. 985, published in the official state newspaper and such other regional
16papers of general circulation as may be designated by the commission. At such
17hearing the commission shall briefly describe the plan and give all interested persons
18an opportunity, subject to reasonable limitations on the presentation of repetitious
19material, to express their views on any aspect of the plan. The presentation of such
20views need not be under oath nor subject to cross-examination. The commission
21shall advise all persons present of their right to express their views orally or in
22writing, under oath or otherwise, and of the legal effect of each such form of
23testimony. A
written record of unsworn testimony shall be made and considered by
24the commission as comments on the plan under par. (e). Persons presenting such
25views shall not be parties. The utility, any state agency, county, municipality, town,
1or any person whose substantial rights may be adversely affected by the testing for
2or construction of facilities described in an advance plan, shall, upon filing written
3notice setting forth its interest at least 10 days in advance, be afforded all the rights
4of a party in a contested case.
AB150-engrossed,1748,116
196.856
(1) The commission shall annually assess against the major utilities,
7as defined under s. 144.386 (1) (f), the total, not to exceed $400,000, of the
amounts 8amount appropriated under
ss. s. 20.370 (2) (cj)
and 20.505 (1) (jm) for acid deposition
9studies
, including the nitrogen oxide study under s. 144.389 (3), and evaluation and
10monitoring activities conducted by the department of natural resources
and the
11department of administration.
AB150-engrossed,1748,16
12(2) The commission shall, with the cooperation of the department of natural
13resources
and the department of administration, promulgate rules establishing a
14method for assessing each major utility an amount that is proportionate to its
15fraction of the total amount of sulfur dioxide emissions from major utilities in this
16state.
AB150-engrossed,1748,18
18196.857 (title)
Assessment for stray Stray voltage program.
AB150-engrossed, s. 5248
19Section
5248. 196.857 (1) (intro.), (a) and (b) of the statutes are renumbered
20196.857 (1m) (intro.), (a) and (b), and 196.857 (1m) (intro.) and (a), as renumbered,
21are amended to read:
AB150-engrossed,1749,622
196.857
(1m) (title)
Assessments. (intro.)
The commission shall establish and
23administer a program to provide to farmers on-site technical assistance related to
24stray voltage. In cooperation with the department of agriculture, trade and
25consumer protection, the commission shall investigate the causes of stray voltage on
1individual farms, recommend to farmers solutions to stray voltage problems and
2evaluate the effectiveness of on-site technical assistance. The commission shall
3assess annually all of the following amounts to public utilities which produce
4electricity and which have annual gross operating revenues related to electricity in
5excess of $100,000,000 in proportion to their respective electric gross operating
6revenues during the last calendar year, derived from intrastate operations:
AB150-engrossed,1749,107
(a) The amount appropriated under s. 20.155 (1) (L), less any amount received
8under s. 20.155 (1) (Lb)
and less any fees received under sub. (2k) and credited to the
9appropriation under s. 20.155 (1) (L). The amounts received under this paragraph
10shall be credited to the appropriation made in s. 20.155 (1) (L).
AB150-engrossed,1749,1513
196.857
(1g) Program elements. (a) The commission shall establish and
14administer a stray voltage program. The program shall focus on regulation,
15education, inspection and investigation relating to stray voltage.
AB150-engrossed,1749,1816
(b) The commission shall identify standardized test procedures check lists and
17equipment to be used by public utilities to investigate stray voltage. The commission
18may audit the results of investigations.
AB150-engrossed,1749,2019
(c) The commission shall conduct classroom and on-farm stray voltage training
20sessions for public utilities, cooperatives, electricians or other interested parties.
AB150-engrossed,1749,2521
(d) The commission shall conduct unannounced spot checks of on-farm stray
22voltage testing done by public utilities if the farmer gives permission for the check
23at the time the farm is visited. The commission may inspect the operation of public
24utility stray voltage programs to ensure that proper equipment and procedures are
25being used and to ensure that investigators are properly trained.
AB150-engrossed,1750,4
1(e) In cooperation with the department of agriculture, trade and consumer
2protection, the commission shall investigate the causes of stray voltage on individual
3farms, recommend to farmers solutions to stray voltage problems and evaluate the
4effectiveness of on-site technical assistance.
AB150-engrossed,1750,96
196.857
(2) (title)
Due date. A public utility shall pay the total amount that
7it is assessed under sub.
(1) (1m) within 30 days after it receives a bill for that amount
8from the commission. The bill constitutes notice of the assessment and demand of
9payment.
AB150-engrossed,1750,1611
196.857
(2g) (title)
Farm services fees. The commission
shall assess fees not
12to exceed $100 may charge reasonable fees not to exceed $300 per farm for
the 13services provided to farmers under this section.
The fees shall be in accordance with
14a standardized schedule of fees established by the commission by rule. The fees
15collected under this subsection shall be credited to the appropriation
account under
16s. 20.115 (8) (j) in each fiscal year.
AB150-engrossed,1750,2218
196.857
(2k) Other services fees. The commission may charge a reasonable
19fee for services, other than on-farm site-related services, provided under this
20section. The fee may not exceed the actual costs of the services. The fees collected
21under this subsection shall be credited to the appropriation account under s. 20.155
22(1) (L) in each fiscal year.
AB150-engrossed,1751,824
196.857
(2m) (title)
Additional investigations. If the commission, at the
25request of an electric cooperative organized under ch. 185 or any public utility which
1is not assessed under sub.
(1) (1m), conducts an investigation of the causes of stray
2voltage on any farm receiving electrical service from that electric cooperative or
3public utility, that electric cooperative or public utility shall pay
a reasonable fee, not
4exceeding $500 per investigation, which reasonable fees assessed by the commission
5shall establish separately for each request in accordance with a standardized
6schedule of fees established by the commission by rule. The amounts received under
7this subsection shall be credited to the appropriation
made in account under s. 20.155
8(1) (L).
AB150-engrossed,1751,1212
214.01
(1) (im) "Division" means the division of savings and loan.
AB150-engrossed,1751,1714
214.01
(1) (pm) "Investment" includes consumer, residential, agricultural and
15commercial loans, purchases of corporate debentures, securities, bonds and joint
16venture shares, and purchases of mutual fund shares subject to the rules of the
17commissioner division.
AB150-engrossed,1751,2319
214.01
(1) (r) "Net profit" means the remainder of all earnings from current
20operations plus actual recoveries on loans, investments and other assets after
21deducting all current expenses, including interest on deposit accounts, additions to
22reserves that are required by the
commissioner division, actual losses, accrued
23dividends on preferred stock and all state and federal taxes.
AB150-engrossed,1752,2
1214.015 Administration. This chapter shall be administered by the
2commissioner division.
AB150-engrossed,1752,7
4214.025 Insurance of accounts. A savings bank shall secure insurance of
5its deposit accounts by a deposit insurance corporation before commencing business
6and may, subject to rules of the
commissioner division, obtain insurance of deposits
7in excess of the amount eligible for insurance by a deposit insurance corporation.
AB150-engrossed,1752,149
214.03
(1) Subject to the regulation of the
commissioner division and in
10addition to the powers granted by this chapter, a savings bank may, directly or
11through a subsidiary, undertake any activity, exercise any power or offer any
12financially related product or service in this state that any other provider of financial
13products or services may undertake, exercise or provide or that the
commissioner 14division finds to be financially related.
AB150-engrossed,1752,2316
214.03
(2) The activities, powers, products and services that may be
17undertaken, exercised or offered by a savings bank under sub. (1) are limited to those
18specified by rule of the
commissioner division. The
commissioner division may direct
19a savings bank to cease any activity, the exercise of any power or the offering of any
20product or service authorized by rule under this subsection. Among the factors that
21the
commissioner division may consider in so directing a savings bank are the
22savings bank's net worth, assets, management rating, liquidity ratio and ratio of net
23worth to assets.
AB150-engrossed,1753,4
1214.035
(1) An institution organized under this chapter shall be known as a
2state savings bank and shall adopt a name that identifies it as such and that includes
3the term "savings". The
commissioner division shall approve the name of a savings
4bank.