AB150, s. 5209
23Section
5209. 195.305 of the statutes is amended to read:
AB150,1736,6
24195.305 Railroad crossings; grade; expense. Whenever a railroad
25proposes to cross, intersect, join or unite its track with another railroad track, the
1surface road of the proposed track shall be above, below or at grade of the tracks
2proposed to be crossed as the
office division of hearings and appeals determines after
3hearing the parties upon reasonable notice. In its determination, the
office division
4of hearings and appeals shall fix the proportion of the expense of originally
5constructing, operating, and maintaining such crossing, intersecting, joining or
6uniting which shall be paid by the owners of the tracks respectively.
AB150, s. 5210
7Section
5210. 195.31 of the statutes is amended to read:
AB150,1737,16
8195.31 Bridges made safe. Whenever a complaint is lodged with the
office 9department by the common council of any city, the village board of any village, a
10member of a town board, or a supervisor of highways, or by 5 or more electors and
11taxpayers in any town, or 5 or more electors of the county in which such bridge is
12located, and who are users of such bridge or railway, to the effect that a bridge erected
13over a stream intersecting a public highway or highways upon which a railway is
14constructed and operated, is unsafe and dangerous to travelers over such highway
15or highways or bridge or railroad, and that public safety requires the alteration, the
16repair or reconstruction of such bridge, or the substitution of another bridge therefor,
17it shall be the duty of the office to give notice to the party or parties in interest, other
18than the petitioners, of the filing of such complaint, and to furnish a copy of the
19complaint to the party or parties in interest other than the petitioners, and to order
20a hearing thereon, in the manner provided for hearings in ss. 195.04 to 195.043. The
21office the department shall investigate the matter. The department may proceed in
22a similar manner in the absence of a petition when, in the opinion of the
office 23department, public safety requires the alteration, repair or reconstruction of a bridge
24or the substitution of another bridge for the bridge in question.
After the hearing,
25the office The department shall determine what alteration or repair or
1reconstruction of such bridge, and the approaches thereto, shall be made, or if it
shall
2determine determines that public safety requires the substitution of a new bridge,
3it shall determine the character, manner of construction and location of such bridge
4and the approaches thereto. The
office department shall fix the proportion of the cost
5and expense of such alteration, repair, reconstruction or substitution of a new bridge,
6including the damage to any person whose land is taken, and the special damage
7which the owner of any land adjoining the approaches to said bridge shall sustain
8by reason of the alteration, repair, reconstruction or substitution of a new bridge, to
9be paid by the railroad company and the city, village or town in interest.
The
10department may issue appropriate orders incorporating its determinations and may
11proceed without a hearing on the matter. The department shall make its
12determinations on the basis of investigation and criteria for bridge safety
13promulgated by rule. If a petitioner or interested party objects to an order under this
14section within 20 days after the date that the order is issued, the department shall
15refer the order to the division of hearings and appeals for review as provided in s.
16195.325.
AB150, s. 5211
17Section
5211. 195.32 of the statutes is amended to read:
AB150,1738,9
18195.32 Safety gates on drawbridges. Whenever a complaint is filed with the
19office department to the effect that any drawbridge is not equipped with gates or
20other safety devices, the
office department may notify the proper party or parties in
21interest of the complaint, and may proceed to investigate the
complaint and to hold
22a hearing on the matter in the manner provided for hearings in ss. 195.04 to 195.043 23matter. If after the investigation the
office department determines that public safety
24requires the erection and maintenance of gates or other safety devices at the points
25mentioned in the complaint, it may order the county, city, village, town, corporation
1or person whose duty it is to maintain such bridge to erect and maintain at such
2points such gates or other safety devices as the
office department prescribes. The
3office department may conduct the investigations, hold the hearings and make the
4orders provided for in this section upon its own motion in the same manner and with
5the same effect as though a complaint were filed.
The department shall make its
6determination on the basis of the investigation and criteria for drawbridge safety
7promulgated by rule. If an interested party objects to an order under this section
8within 20 days after the date that the order is issued, the department shall refer the
9order to the division of hearings and appeals for review.
AB150, s. 5212
10Section
5212. 195.325 of the statutes is created to read:
AB150,1738,16
11195.325 Review of department orders on crossings and bridges. If an
12order of the department under s. 195.28, 195.285, 195.29, 195.295, 195.30, 195.31 or
13195.32 is referred to the division of hearings and appeals for review, the division of
14hearings and appeals shall review the order under s. 85.013 (3) in light of the
15application of the criteria relating to the matter promulgated as rules by the
16department.
AB150, s. 5214
18Section
5214. 195.34 of the statutes is amended to read:
AB150,1738,23
19195.34 Reports of accidents, investigation. Every railroad shall report to
20the
office department all collisions, derailments or other accidents resulting in injury
21to persons, equipment or roadway arising from its operation. The
office department 22may issue rules concerning the reporting of accidents and may also, if public
23interests require, cause an investigation of any accident.
AB150, s. 5215
24Section
5215. 195.36 of the statutes is amended to read:
AB150,1739,10
1195.36 General penalty upon railroads. If any railroad shall violate any
2provision of this chapter, or shall do any act herein prohibited, or shall fail or refuse
3to perform any duty enjoined upon it, for which a penalty has not been provided, or
4shall fail, neglect or refuse to obey any lawful requirement or order made by the
office 5department or division of hearings and appeals, or any judgment or decree made by
6any court upon its application, for every such violation, failure or refusal in respect
7to any matter prescribed by this chapter such railroad shall forfeit not less than $100
8nor more than $10,000. The act, omission or failure of any officer, agent or other
9person employed by any railroad, acting within the scope of his or her employment,
10shall be deemed to be the act, omission or failure of such railroad.
AB150, s. 5218
13Section
5218. 195.45 (1) of the statutes is amended to read:
AB150,1739,1814
195.45
(1) No person shall operate as a common carrier of passengers or
15property by water except in accordance with the terms and conditions of a certificate
16of public convenience and necessity issued by the
office. The office shall issue any
17certificate upon a finding that the service proposed to be performed is in the public
18interest and required by public convenience and necessity department.
AB150, s. 5219
19Section
5219. 195.45 (2) of the statutes is amended to read:
AB150,1739,2220
195.45
(2) Application for the certificate shall be made on forms furnished by
21the
office department and shall contain such information as the
office department 22requires.
AB150, s. 5220
23Section
5220. 195.45 (4) of the statutes is amended to read:
AB150,1739,2524
195.45
(4) The
office department may promulgate rules for the operation of this
25section.
AB150, s. 5221
1Section
5221. 195.50 (1) of the statutes is amended to read:
AB150,1740,142
195.50
(1) Any officer, agent or employe of any railroad who fails to fill out and
3return any forms required by this chapter, or fails to answer any question therein,
4or knowingly gives a false answer to any such question, or evades the answer to any
5such question where the fact inquired of is within his or her knowledge, or who, upon
6proper demand, fails to exhibit to the
office or department
or division of hearings and
7appeals or any person authorized to examine the same, any book, paper, account,
8record or memoranda of such railroad which is in the possession or under control of
9the officer, agent or employe, or who fails to properly use and keep the system of
10accounting prescribed by the
office department, or who refuses to do any act or thing
11in connection with such system of accounting when so directed by the
office or its 12department, the division of hearings and appeals or their authorized
13representatives, shall forfeit not less than $100 nor more than $1,000 for each
14offense.
AB150, s. 5222
15Section
5222. 195.60 (title) of the statutes is amended to read:
AB150,1740,16
16195.60 (title)
Payment of office department expenses by railroads.
AB150, s. 5223
17Section
5223. 195.60 (1) of the statutes is amended to read:
AB150,1741,1818
195.60
(1) Whenever the
office department in a proceeding upon its own
19motion, on complaint, or upon an application to it deems it necessary in order to carry
20out the duties imposed upon it by law to investigate the books, accounts, practices
21and activities of, or make appraisals of the property of any railroad or to render any
22engineering or accounting services to any railroad, the railroad shall pay the
23expenses attributable to such investigation, appraisal or service. The
office 24department shall ascertain such expenses,
including all expenses incurred by the
25department at the request or direction of the office and shall render a bill therefor,
1by mail, to the railroad, either at the conclusion of the investigation, appraisal or
2services, or during its progress. The bill shall constitute notice of assessment and
3demand of payment thereof. The railroad shall, within 30 days after the mailing
4thereof, pay to the
office department the amount of the special expense for which it
5is billed.
Ninety percent of the payment shall be credited to the appropriation
6account under s. 20.155 (2) (g). The total amount, in any one calendar year, for which
7any railroad becomes liable, by reason of costs incurred by the
office department 8within such calendar year, shall not exceed four-fifths of one percent of its gross
9operating revenues derived from intrastate operations in the last preceding calendar
10year. Where, under this subsection, costs are incurred within any calendar year,
11which are in excess of four-fifths of one percent of such gross operating revenues, the
12excess costs shall not be chargeable as part of the remainder under sub. (2) but shall
13be paid out of the general appropriation to the
office
department. Nothing in this
14subsection shall prevent the
office department from rendering bills in one calendar
15year for costs incurred within a previous year. For the purpose of calculating the
16costs of investigations, appraisals and other services under this subsection, 90% of
17the costs determined shall be costs of the
office
department and 10% of the costs
18determined shall be costs of state government operations.
AB150, s. 5224
19Section
5224. 195.60 (2) of the statutes is amended to read:
AB150,1742,1220
195.60
(2) The
office department shall annually, within 90 days after the close
21of each fiscal year, ascertain the total of its expenditures during such year which are
22reasonably attributable to the performance of its duties relating to railroads. For
23purposes of such calculation, 90% of the expenditures so determined shall be
24expenditures of the
office department and 10% of the expenditures so determined
25shall be expenditures for state government operations. The
office department shall
1deduct therefrom all amounts chargeable to railroads under sub. (1) and s. 184.10 (3).
2A sum equal to the remainder plus 10% of the remainder shall be assessed by the
3office department to the several railroads in proportion to their respective gross
4operating revenues during the last calendar year, derived from intrastate
5operations. Such assessment shall be paid within 30 days after the bill has been
6mailed to the several railroads, which bill shall constitute notice of assessment and
7demand of payment thereof. The total amount which may be assessed to the
8railroads under authority of this subsection shall not exceed one percent of the total
9gross operating revenues of such railroads, during such calendar year, derived from
10intrastate operations.
Ninety percent of the payment shall be credited to the
11appropriation account under s. 20.155 (2) (g). The railroads shall furnish such
12financial information as the
office department requires.
AB150, s. 5225
13Section
5225. 195.60 (3) of the statutes is amended to read:
AB150,1743,214
195.60
(3) If any railroad against which a bill has been rendered under sub. (1)
15or (2) within 30 days after the rendering of such bill neglects or refuses to pay the
16same or fails to file objections to the bill with the
office division of hearings and
17appeals, the
office department shall transmit to the state treasurer a certified copy
18of the bill, together with notice of neglect or refusal to pay the bill, and on the same
19day the
office department shall mail to the railroad against which the bill has been
20rendered a copy of the notice which it has transmitted to the state treasurer. Within
2110 days after the receipt of such notice and certified copy of such bill, the state
22treasurer shall levy the amount stated on such bill to be due, with interest, by
23distress and sale of any goods and chattels, including stocks, securities, bank
24accounts, evidences of debt, and accounts receivable belonging to such delinquent
25railroad. Such levy by distress and sale shall be governed by the provisions of s.
174.10, 1985 stats., except that it shall be made by the state treasurer and that said
2goods and chattels anywhere within the state may be levied upon.
AB150, s. 5226
3Section
5226. 195.60 (4) (a) of the statutes is amended to read:
AB150,1743,154
195.60
(4) (a) Within 30 days after the date of the mailing of any bill as provided
5by subs. (1) and (2), the railroad against which such bill has been rendered may file
6with the
office division of hearings and appeals objections setting out in detail the
7grounds upon which the objector regards the bill to be excessive, erroneous, unlawful
8or invalid. The
office division of hearings and appeals, after notice to the objector,
9shall hold a hearing upon such objections, not less than 5 nor more than 10 days after
10such notice. If after such hearing the
office division of hearings and appeals finds
11any part of the bill to be excessive, erroneous, unlawful or invalid it shall record its
12findings
upon its minutes with respect to the objections and transmit to the objector
13an amended bill, in accordance with such findings. The amended bill shall have in
14all ways the same force and effect under this section as an original bill rendered
15under subs. (1) and (2).
AB150, s. 5227
16Section
5227. 195.60 (4) (b) of the statutes is amended to read:
AB150,1743,1917
195.60
(4) (b) If after the hearing the
office division of hearings and appeals 18finds the entire bill unlawful or invalid, it shall notify the objector of such
19determination, in which case the original bill shall be deemed void.
AB150, s. 5228
20Section
5228. 195.60 (4) (c) of the statutes is amended to read:
AB150,1743,2421
195.60
(4) (c) If after the hearing the
office division of hearings and appeals 22finds that the bill as rendered is neither excessive, erroneous, unlawful or invalid,
23either in whole or in part, it shall record such findings
upon its minutes with respect
24to the objections, and transmit to the objector notice of such finding.
AB150, s. 5229
25Section
5229. 195.60 (4) (d) of the statutes is amended to read:
AB150,1744,11
1195.60
(4) (d) If any bill against which objections have been filed is not paid
2within 10 days after notice of a finding that such objections have been overruled and
3disallowed by the
office division of hearings and appeals has been mailed to the
4objector, the
office department shall give notice of such delinquency to the state
5treasurer and to the objector, in the manner provided in sub. (3). The state treasurer
6shall then proceed to collect the amount of the bill as provided in sub. (3). If an
7amended bill is not paid within 10 days after a copy thereof is mailed to the objector
8by registered mail, the
office department shall notify the state treasurer and the
9objector as in the case of delinquency in the payment of an original bill. The state
10treasurer shall then proceed to collect the amount of the bill as provided in the case
11of an original bill.
AB150, s. 5230
12Section
5230. 195.60 (5) of the statutes is amended to read:
AB150,1744,2313
195.60
(5) No suit or proceeding shall be maintained in any court for the
14purpose of restraining or in any way delaying the collection or payment of any bill
15rendered under subs. (1) and (2). Every railroad against which a bill is rendered shall
16pay the amount thereof, and after such payment may in the manner herein provided,
17at any time within 2 years from the date the payment was made, sue the state in an
18action at law to recover the amount paid with legal interest thereon from the date
19of payment, upon the ground that the assessment was excessive, erroneous,
20unlawful or invalid in whole or in part. If it is finally determined in such action that
21any part of the bill for which payment was made was excessive, erroneous, unlawful
22or invalid, the state treasurer shall make a refund to the claimant as directed by the
23court, which shall be charged to the appropriations to the
office department.
AB150, s. 5231
24Section
5231. 195.60 (6) of the statutes is amended to read:
AB150,1745,7
1195.60
(6) No action for recovery of any amount paid under this section shall
2be maintained in any court unless objections have been filed with the
office division
3of hearings and appeals as provided in this section. In any action for recovery of any
4payments made under this section the claimant shall be entitled to raise every
5relevant issue of law, but the
office's findings of fact
of the division of hearings and
6appeals made pursuant to this section shall be prima facie evidence of the facts
7therein stated.
AB150, s. 5232
8Section
5232. 195.60 (7) (intro.) of the statutes is repealed.
AB150, s. 5233
9Section
5233. 195.60 (7) (a) of the statutes is renumbered 195.60 (7) and
10amended to read:
AB150,1745,1311
195.60
(7) Determinations of fact expressed in bills rendered under this
12section
; and shall be considered to be findings of fact of the division of hearings and
13appeals, within the meaning of this section.
AB150, s. 5234
14Section
5234. 195.60 (7) (b) of the statutes is repealed.
AB150, s. 5235
15Section
5235. 196.02 (12) of the statutes is amended to read:
AB150,1745,1916
196.02
(12) (title)
Sue; be sued Participation in proceedings. The commission
17may
sue and be sued in its own name, and may confer with or participate in any
18proceedings before any regulatory agency of any other state or of the federal
19government.
AB150, s. 5236
20Section
5236. 196.175 of the statutes is amended to read:
AB150,1745,25
21196.175 Construction and occupancy standards. The commission may
22not establish or enforce construction or occupancy standards applicable to any public
23building, as defined in s. 101.01
(2) (g) (12), dwelling, as defined in s. 101.71 (2) or
24any occupancy standard applicable to any place of employment as defined in s. 101.01
25(2) (f) (11).
AB150, s. 5237
1Section
5237. 196.20 (5) (d) of the statutes is amended to read:
AB150,1746,172
196.20
(5) (d) If the commission does not conduct a hearing under this
3subsection, a proposed rate increase or change in a rate schedule becomes effective
4as proposed and any rates, tolls or charges under review under s. 196.215 (6) or (7)
5may not be altered unless the commission issues a final order no later than 150 days
6after the commission receives the application or receives the information under par.
7(b) 1g. and 1r. If the commission conducts a hearing, a proposed rate increase or
8change in a rate schedule becomes effective as proposed and any rates, tolls or
9charges under review under s. 196.215 (6) or (7) may not be altered unless the
10commission issues the final order no later than 180 days after the commission
11receives the application or receives the information under par. (b) 1g. and 1r. If the
12commission conducts a hearing, the hearing examiner may extend the time for
13issuing a final order up to 30 additional days. The commission and the small
14telecommunications utility may agree in writing to extend the time for issuing a final
15order. Notwithstanding
s. ss. 196.34
and 196.36 (2), the commission may require the
16small telecommunications utility to bear the expense of
a stenographer to record 17producing a transcript of a hearing conducted under this section.
AB150, s. 5238
18Section
5238. 196.20 (6) of the statutes is amended to read:
AB150,1747,419
196.20
(6) If a telecommunications utility that is not a small
20telecommunications utility and that has 150,000 or less access lines in use in this
21state files with the commission an application for a rate change that constitutes an
22increase in rates, the rate change becomes effective as proposed unless the
23commission issues the final order on the application no later than 180 days after the
24commission receives the application. The hearing examiner may extend the time for
25issuing a final order up to 30 additional days. The commission and the
1telecommunications utility may agree in writing to extend the time for issuing a final
2order. Notwithstanding
s. ss. 196.34
and 196.36 (2), the commission may require the
3telecommunications utility to bear the expense of
a stenographer to record producing
4a transcript of a hearing conducted under this subsection.
AB150, s. 5239
5Section
5239. 196.209 (5) (a) of the statutes is amended to read:
AB150,1747,106
196.209
(5) (a) The commission shall appoint a telecommunications privacy
7council under s. 15.04 (1) (c) consisting of representatives of telecommunications
8providers and of consumers of telecommunications services, including this state.
9The privacy advocate designated under s. 19.625 (1) shall be a member of the
10telecommunications privacy council.
AB150, s. 5240
11Section
5240. 196.34 of the statutes is amended to read:
AB150,1747,15
12196.34 (title)
Stenographic Commission records. The commission shall
13keep a complete record of its proceedings before the commission or its agent
on in any
14formal investigation or hearing
held and shall appoint a stenographer to record all
15testimony presented at such proceedings.
AB150, s. 5241
16Section
5241. 196.36 (title) of the statutes is amended to read:
AB150,1747,17
17196.36 (title)
Transcripts as evidence; free to parties and tapes.
AB150, s. 5242
18Section
5242. 196.36 (1) of the statutes is amended to read:
AB150,1748,319
196.36
(1) (title)
Transcripts. The commission shall receive into evidence a
20transcribed copy of the evidence and proceedings, or any specific part of the evidence
21and proceedings, on any investigation or hearing taken by
the a stenographer
22appointed by the commission if the stenographer certifies that the copy is a true and
23correct transcript of all the testimony or of the testimony of a particular witness, or
24of any other specific part of the investigation or hearing, that the transcript was
25carefully compared by the stenographer with his or her original notes, and that the
1copy is a correct statement of the evidence presented and proceedings held in the
2investigation or hearing. The certified copy shall have the same effect as if the
3stenographer were present and testified to the correctness of the copy.
AB150, s. 5243
4Section
5243. 196.36 (1m) of the statutes is created to read:
AB150,1748,145
196.36
(1m) Transcripts from tapes. The commission shall receive into
6evidence a transcribed copy of an audiotape or videotape of the evidence and
7proceedings, or any specific part of the evidence and proceedings, of any investigation
8or hearing that is recorded if the transcriber certifies that the copy is a true and
9correct transcription from the audiotape or videotape of all the testimony or of the
10testimony of a particular witness, or of any other specific part of the investigation or
11hearing and that the copy is a correct statement of the evidence presented and
12proceedings held in the investigation or hearing. The certified copy shall have the
13same effect as if the transcriber were present and testified to the correctness of the
14copy.
AB150, s. 5244
15Section
5244. 196.36 (2) of the statutes is amended to read:
AB150,1748,2116
196.36
(2) (title)
Copies. A copy of a transcript under this section shall be
17furnished on demand free of cost to any party to the investigation or hearing from
18which the transcript is taken.
Upon request, the commission shall furnish a copy of
19an audiotape or videotape to any party to the investigation or hearing from which the
20audiotape or videotape is taken. The commission may charge a reasonable price for
21the tape.
AB150, s. 5245
22Section
5245. 196.491 (2) (g) of the statutes is amended to read:
AB150,1749,1923
196.491
(2) (g) Within 180 days after the plan is filed, the commission shall hold
24a hearing thereon. The hearing shall be held in an administrative district,
25established by executive order 22, issued August 24, 1970, which the commission
1determines will be significantly affected by facilities proposed in the plan to be
2constructed in the following 3 years. The commission may thereafter adjourn the
3hearing to other locations
or may conduct the hearing by interactive video conference
4or other electronic method. Notice of such hearing shall be given by class 1 notice,
5under ch. 985, published in the official state newspaper and such other regional
6papers of general circulation as may be designated by the commission. At such
7hearing the commission shall briefly describe the plan and give all interested persons
8an opportunity, subject to reasonable limitations on the presentation of repetitious
9material, to express their views on any aspect of the plan. The presentation of such
10views need not be under oath nor subject to cross-examination. The commission
11shall advise all persons present of their right to express their views orally or in
12writing, under oath or otherwise, and of the legal effect of each such form of
13testimony. A
written record of unsworn testimony shall be made and considered by
14the commission as comments on the plan under par. (e). Persons presenting such
15views shall not be parties. The utility, any state agency, county, municipality, town,
16or any person whose substantial rights may be adversely affected by the testing for
17or construction of facilities described in an advance plan, shall, upon filing written
18notice setting forth its interest at least 10 days in advance, be afforded all the rights
19of a party in a contested case.
AB150, s. 5246
20Section
5246. 196.856 (1) and (2) of the statutes are amended to read:
AB150,1750,221
196.856
(1) The commission shall annually assess against the major utilities,
22as defined under s. 144.386 (1) (f), the total, not to exceed $400,000, of the
amounts 23amount appropriated under
ss. s. 20.370 (2) (cj)
and 20.505 (1) (jm) for acid deposition
24studies
, including the nitrogen oxide study under s. 144.389 (3), and evaluation and
1monitoring activities conducted by the department of natural resources
and the
2department of administration.
AB150,1750,7
3(2) The commission shall, with the cooperation of the department of natural
4resources
and the department of administration, promulgate rules establishing a
5method for assessing each major utility an amount that is proportionate to its
6fraction of the total amount of sulfur dioxide emissions from major utilities in this
7state.
AB150, s. 5247
8Section
5247. 196.857 (title) of the statutes is amended to read:
AB150,1750,9
9196.857 (title)
Assessment for stray Stray voltage program.
AB150, s. 5248
10Section
5248. 196.857 (1) (intro.), (a) and (b) of the statutes are renumbered
11196.857 (1m) (intro.), (a) and (b), and 196.857 (1m) (intro.) and (a), as renumbered,
12are amended to read:
AB150,1750,2213
196.857
(1m) (title)
Assessments. (intro.)
The commission shall establish and
14administer a program to provide to farmers on-site technical assistance related to
15stray voltage. In cooperation with the department of agriculture, trade and
16consumer protection, the commission shall investigate the causes of stray voltage on
17individual farms, recommend to farmers solutions to stray voltage problems and
18evaluate the effectiveness of on-site technical assistance. The commission shall
19assess annually all of the following amounts to public utilities which produce
20electricity and which have annual gross operating revenues related to electricity in
21excess of $100,000,000 in proportion to their respective electric gross operating
22revenues during the last calendar year, derived from intrastate operations:
AB150,1751,223
(a) The amount appropriated under s. 20.155 (1) (L), less any amount received
24under s. 20.155 (1) (Lb)
and less any fees received under sub. (2k) and credited to the
1appropriation under s. 20.155 (1) (L). The amounts received under this paragraph
2shall be credited to the appropriation made in s. 20.155 (1) (L).
****Note: This is reconciled s. 196.857 (1). This
Section has been affected by drafts with the
following LRB numbers: 0685/2 and 1979/3. If LRB-0685 is deleted, this action phrase needs to be
revised.
AB150, s. 5249
3Section
5249. 196.857 (1) (c) of the statutes is repealed.
AB150, s. 5250
4Section
5250. 196.857 (1g) of the statutes is created to read:
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196.857
(1g) Program elements. (a) The commission shall establish and
6administer a stray voltage program. The program shall focus on regulation,
7education, inspection and investigation relating to stray voltage.
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(b) The commission shall identify standardized test procedures check lists and
9equipment to be used by public utilities to investigate stray voltage. The commission
10may audit the results of investigations.
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(c) The commission shall conduct classroom and on-farm stray voltage training
12sessions for public utilities, cooperatives, electricians or other interested parties.
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(d) The commission shall conduct unannounced spot checks of on-farm stray
14voltage testing done by public utilities if the farmer gives permission for the check
15at the time the farm is visited. The commission may inspect the operation of public
16utility stray voltage programs to ensure that proper equipment and procedures are
17being used and to ensure that investigators are properly trained.
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(e) In cooperation with the department of agriculture, trade and consumer
19protection, the commission shall investigate the causes of stray voltage on individual
20farms, recommend to farmers solutions to stray voltage problems and evaluate the
21effectiveness of on-site technical assistance.
AB150, s. 5251
22Section
5251. 196.857 (2) of the statutes is amended to read:
AB150,1752,4
1196.857
(2) (title)
Due date. A public utility shall pay the total amount that
2it is assessed under sub.
(1) (1m) within 30 days after it receives a bill for that amount
3from the commission. The bill constitutes notice of the assessment and demand of
4payment.
AB150, s. 5252
5Section
5252. 196.857 (2g) of the statutes is amended to read:
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196.857
(2g) (title)
Farm services fees. The commission
shall assess fees not
7to exceed $100 may charge a reasonable fee per farm for
the services provided to
8farmers under this section. The fees collected under this subsection shall be credited
9to the appropriation under s. 20.115 (8) (j) in each fiscal year.