AB150: Bill Text

AB150, s. 5213 Section 5213. 195.33 of the statutes is repealed.

AB150, s. 5214 Section 5214. 195.34 of the statutes is amended to read:

AB150,1738,23 195.34 Reports of accidents, investigation. Every railroad shall report to the office department all collisions, derailments or other accidents resulting in injury to persons, equipment or roadway arising from its operation. The office department may issue rules concerning the reporting of accidents and may also, if public interests require, cause an investigation of any accident.

AB150, s. 5215 Section 5215. 195.36 of the statutes is amended to read:

AB150,1739,10 195.36 General penalty upon railroads. If any railroad shall violate any provision of this chapter, or shall do any act herein prohibited, or shall fail or refuse to perform any duty enjoined upon it, for which a penalty has not been provided, or shall fail, neglect or refuse to obey any lawful requirement or order made by the office department or division of hearings and appeals, or any judgment or decree made by any court upon its application, for every such violation, failure or refusal in respect to any matter prescribed by this chapter such railroad shall forfeit not less than $100 nor more than $10,000. The act, omission or failure of any officer, agent or other person employed by any railroad, acting within the scope of his or her employment, shall be deemed to be the act, omission or failure of such railroad.

AB150, s. 5216 Section 5216. 195.37 of the statutes is repealed.

AB150, s. 5217 Section 5217. 195.38 of the statutes is repealed.

AB150, s. 5218 Section 5218. 195.45 (1) of the statutes is amended to read:

AB150,1739,18 195.45 (1) No person shall operate as a common carrier of passengers or property by water except in accordance with the terms and conditions of a certificate of public convenience and necessity issued by the office. The office shall issue any certificate upon a finding that the service proposed to be performed is in the public interest and required by public convenience and necessity department.

AB150, s. 5219 Section 5219. 195.45 (2) of the statutes is amended to read:

AB150,1739,22 195.45 (2) Application for the certificate shall be made on forms furnished by the office department and shall contain such information as the office department requires.

AB150, s. 5220 Section 5220. 195.45 (4) of the statutes is amended to read:

AB150,1739,25 195.45 (4) The office department may promulgate rules for the operation of this section.

AB150, s. 5221 Section 5221. 195.50 (1) of the statutes is amended to read:

AB150,1740,14 195.50 (1) Any officer, agent or employe of any railroad who fails to fill out and return any forms required by this chapter, or fails to answer any question therein, or knowingly gives a false answer to any such question, or evades the answer to any such question where the fact inquired of is within his or her knowledge, or who, upon proper demand, fails to exhibit to the office or department or division of hearings and appeals or any person authorized to examine the same, any book, paper, account, record or memoranda of such railroad which is in the possession or under control of the officer, agent or employe, or who fails to properly use and keep the system of accounting prescribed by the office department, or who refuses to do any act or thing in connection with such system of accounting when so directed by the office or its department, the division of hearings and appeals or their authorized representatives, shall forfeit not less than $100 nor more than $1,000 for each offense.

AB150, s. 5222 Section 5222. 195.60 (title) of the statutes is amended to read:

AB150,1740,16 195.60 (title) Payment of office department expenses by railroads.

AB150, s. 5223 Section 5223. 195.60 (1) of the statutes is amended to read:

AB150,1741,18 195.60 (1) Whenever the office department in a proceeding upon its own motion, on complaint, or upon an application to it deems it necessary in order to carry out the duties imposed upon it by law to investigate the books, accounts, practices and activities of, or make appraisals of the property of any railroad or to render any engineering or accounting services to any railroad, the railroad shall pay the expenses attributable to such investigation, appraisal or service. The office department shall ascertain such expenses, including all expenses incurred by the department at the request or direction of the office and shall render a bill therefor, by mail, to the railroad, either at the conclusion of the investigation, appraisal or services, or during its progress. The bill shall constitute notice of assessment and demand of payment thereof. The railroad shall, within 30 days after the mailing thereof, pay to the office department the amount of the special expense for which it is billed. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (2) (g). The total amount, in any one calendar year, for which any railroad becomes liable, by reason of costs incurred by the office department within such calendar year, shall not exceed four-fifths of one percent of its gross operating revenues derived from intrastate operations in the last preceding calendar year. Where, under this subsection, costs are incurred within any calendar year, which are in excess of four-fifths of one percent of such gross operating revenues, the excess costs shall not be chargeable as part of the remainder under sub. (2) but shall be paid out of the general appropriation to the office department. Nothing in this subsection shall prevent the office department from rendering bills in one calendar year for costs incurred within a previous year. For the purpose of calculating the costs of investigations, appraisals and other services under this subsection, 90% of the costs determined shall be costs of the office department and 10% of the costs determined shall be costs of state government operations.

AB150, s. 5224 Section 5224. 195.60 (2) of the statutes is amended to read:

AB150,1742,12 195.60 (2) The office department shall annually, within 90 days after the close of each fiscal year, ascertain the total of its expenditures during such year which are reasonably attributable to the performance of its duties relating to railroads. For purposes of such calculation, 90% of the expenditures so determined shall be expenditures of the office department and 10% of the expenditures so determined shall be expenditures for state government operations. The office department shall deduct therefrom all amounts chargeable to railroads under sub. (1) and s. 184.10 (3). A sum equal to the remainder plus 10% of the remainder shall be assessed by the office department to the several railroads in proportion to their respective gross operating revenues during the last calendar year, derived from intrastate operations. Such assessment shall be paid within 30 days after the bill has been mailed to the several railroads, which bill shall constitute notice of assessment and demand of payment thereof. The total amount which may be assessed to the railroads under authority of this subsection shall not exceed one percent of the total gross operating revenues of such railroads, during such calendar year, derived from intrastate operations. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (2) (g). The railroads shall furnish such financial information as the office department requires.

AB150, s. 5225 Section 5225. 195.60 (3) of the statutes is amended to read:

AB150,1743,2 195.60 (3) If any railroad against which a bill has been rendered under sub. (1) or (2) within 30 days after the rendering of such bill neglects or refuses to pay the same or fails to file objections to the bill with the office division of hearings and appeals, the office department shall transmit to the state treasurer a certified copy of the bill, together with notice of neglect or refusal to pay the bill, and on the same day the office department shall mail to the railroad against which the bill has been rendered a copy of the notice which it has transmitted to the state treasurer. Within 10 days after the receipt of such notice and certified copy of such bill, the state treasurer shall levy the amount stated on such bill to be due, with interest, by distress and sale of any goods and chattels, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to such delinquent railroad. Such levy by distress and sale shall be governed by the provisions of s. 74.10, 1985 stats., except that it shall be made by the state treasurer and that said goods and chattels anywhere within the state may be levied upon.

AB150, s. 5226 Section 5226. 195.60 (4) (a) of the statutes is amended to read:

AB150,1743,15 195.60 (4) (a) Within 30 days after the date of the mailing of any bill as provided by subs. (1) and (2), the railroad against which such bill has been rendered may file with the office division of hearings and appeals objections setting out in detail the grounds upon which the objector regards the bill to be excessive, erroneous, unlawful or invalid. The office division of hearings and appeals, after notice to the objector, shall hold a hearing upon such objections, not less than 5 nor more than 10 days after such notice. If after such hearing the office division of hearings and appeals finds any part of the bill to be excessive, erroneous, unlawful or invalid it shall record its findings upon its minutes with respect to the objections and transmit to the objector an amended bill, in accordance with such findings. The amended bill shall have in all ways the same force and effect under this section as an original bill rendered under subs. (1) and (2).

AB150, s. 5227 Section 5227. 195.60 (4) (b) of the statutes is amended to read:

AB150,1743,19 195.60 (4) (b) If after the hearing the office division of hearings and appeals finds the entire bill unlawful or invalid, it shall notify the objector of such determination, in which case the original bill shall be deemed void.

AB150, s. 5228 Section 5228. 195.60 (4) (c) of the statutes is amended to read:

AB150,1743,24 195.60 (4) (c) If after the hearing the office division of hearings and appeals finds that the bill as rendered is neither excessive, erroneous, unlawful or invalid, either in whole or in part, it shall record such findings upon its minutes with respect to the objections, and transmit to the objector notice of such finding.

AB150, s. 5229 Section 5229. 195.60 (4) (d) of the statutes is amended to read:

AB150,1744,11 195.60 (4) (d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that such objections have been overruled and disallowed by the office division of hearings and appeals has been mailed to the objector, the office department shall give notice of such delinquency to the state treasurer and to the objector, in the manner provided in sub. (3). The state treasurer shall then proceed to collect the amount of the bill as provided in sub. (3). If an amended bill is not paid within 10 days after a copy thereof is mailed to the objector by registered mail, the office department shall notify the state treasurer and the objector as in the case of delinquency in the payment of an original bill. The state treasurer shall then proceed to collect the amount of the bill as provided in the case of an original bill.

AB150, s. 5230 Section 5230. 195.60 (5) of the statutes is amended to read:

AB150,1744,23 195.60 (5) No suit or proceeding shall be maintained in any court for the purpose of restraining or in any way delaying the collection or payment of any bill rendered under subs. (1) and (2). Every railroad against which a bill is rendered shall pay the amount thereof, and after such payment may in the manner herein provided, at any time within 2 years from the date the payment was made, sue the state in an action at law to recover the amount paid with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful or invalid in whole or in part. If it is finally determined in such action that any part of the bill for which payment was made was excessive, erroneous, unlawful or invalid, the state treasurer shall make a refund to the claimant as directed by the court, which shall be charged to the appropriations to the office department.

AB150, s. 5231 Section 5231. 195.60 (6) of the statutes is amended to read:

AB150,1745,7 195.60 (6) No action for recovery of any amount paid under this section shall be maintained in any court unless objections have been filed with the office division of hearings and appeals as provided in this section. In any action for recovery of any payments made under this section the claimant shall be entitled to raise every relevant issue of law, but the office's findings of fact of the division of hearings and appeals made pursuant to this section shall be prima facie evidence of the facts therein stated.

AB150, s. 5232 Section 5232. 195.60 (7) (intro.) of the statutes is repealed.

AB150, s. 5233 Section 5233. 195.60 (7) (a) of the statutes is renumbered 195.60 (7) and amended to read:

AB150,1745,13 195.60 (7) Determinations of fact expressed in bills rendered under this section; and shall be considered to be findings of fact of the division of hearings and appeals, within the meaning of this section.

AB150, s. 5234 Section 5234. 195.60 (7) (b) of the statutes is repealed.

AB150, s. 5235 Section 5235. 196.02 (12) of the statutes is amended to read:

AB150,1745,19 196.02 (12) (title) Sue; be sued Participation in proceedings. The commission may sue and be sued in its own name, and may confer with or participate in any proceedings before any regulatory agency of any other state or of the federal government.

AB150, s. 5236 Section 5236. 196.175 of the statutes is amended to read:

AB150,1745,25 196.175 Construction and occupancy standards. The commission may not establish or enforce construction or occupancy standards applicable to any public building, as defined in s. 101.01 (2) (g) (12), dwelling, as defined in s. 101.71 (2) or any occupancy standard applicable to any place of employment as defined in s. 101.01 (2) (f) (11).

AB150, s. 5237 Section 5237. 196.20 (5) (d) of the statutes is amended to read:

AB150,1746,17 196.20 (5) (d) If the commission does not conduct a hearing under this subsection, a proposed rate increase or change in a rate schedule becomes effective as proposed and any rates, tolls or charges under review under s. 196.215 (6) or (7) may not be altered unless the commission issues a final order no later than 150 days after the commission receives the application or receives the information under par. (b) 1g. and 1r. If the commission conducts a hearing, a proposed rate increase or change in a rate schedule becomes effective as proposed and any rates, tolls or charges under review under s. 196.215 (6) or (7) may not be altered unless the commission issues the final order no later than 180 days after the commission receives the application or receives the information under par. (b) 1g. and 1r. If the commission conducts a hearing, the hearing examiner may extend the time for issuing a final order up to 30 additional days. The commission and the small telecommunications utility may agree in writing to extend the time for issuing a final order. Notwithstanding s. ss. 196.34 and 196.36 (2), the commission may require the small telecommunications utility to bear the expense of a stenographer to record producing a transcript of a hearing conducted under this section.

AB150, s. 5238 Section 5238. 196.20 (6) of the statutes is amended to read:

AB150,1747,4 196.20 (6) If a telecommunications utility that is not a small telecommunications utility and that has 150,000 or less access lines in use in this state files with the commission an application for a rate change that constitutes an increase in rates, the rate change becomes effective as proposed unless the commission issues the final order on the application no later than 180 days after the commission receives the application. The hearing examiner may extend the time for issuing a final order up to 30 additional days. The commission and the telecommunications utility may agree in writing to extend the time for issuing a final order. Notwithstanding s. ss. 196.34 and 196.36 (2), the commission may require the telecommunications utility to bear the expense of a stenographer to record producing a transcript of a hearing conducted under this subsection.

AB150, s. 5239 Section 5239. 196.209 (5) (a) of the statutes is amended to read:

AB150,1747,10 196.209 (5) (a) The commission shall appoint a telecommunications privacy council under s. 15.04 (1) (c) consisting of representatives of telecommunications providers and of consumers of telecommunications services, including this state. The privacy advocate designated under s. 19.625 (1) shall be a member of the telecommunications privacy council.

AB150, s. 5240 Section 5240. 196.34 of the statutes is amended to read:

AB150,1747,15 196.34 (title) Stenographic Commission records. The commission shall keep a complete record of its proceedings before the commission or its agent on in any formal investigation or hearing held and shall appoint a stenographer to record all testimony presented at such proceedings.

AB150, s. 5241 Section 5241. 196.36 (title) of the statutes is amended to read:

AB150,1747,17 196.36 (title) Transcripts as evidence; free to parties and tapes.

AB150, s. 5242 Section 5242. 196.36 (1) of the statutes is amended to read:

AB150,1748,3 196.36 (1) (title) Transcripts. The commission shall receive into evidence a transcribed copy of the evidence and proceedings, or any specific part of the evidence and proceedings, on any investigation or hearing taken by the a stenographer appointed by the commission if the stenographer certifies that the copy is a true and correct transcript of all the testimony or of the testimony of a particular witness, or of any other specific part of the investigation or hearing, that the transcript was carefully compared by the stenographer with his or her original notes, and that the copy is a correct statement of the evidence presented and proceedings held in the investigation or hearing. The certified copy shall have the same effect as if the stenographer were present and testified to the correctness of the copy.

AB150, s. 5243 Section 5243. 196.36 (1m) of the statutes is created to read:

AB150,1748,14 196.36 (1m) Transcripts from tapes. The commission shall receive into evidence a transcribed copy of an audiotape or videotape of the evidence and proceedings, or any specific part of the evidence and proceedings, of any investigation or hearing that is recorded if the transcriber certifies that the copy is a true and correct transcription from the audiotape or videotape of all the testimony or of the testimony of a particular witness, or of any other specific part of the investigation or hearing and that the copy is a correct statement of the evidence presented and proceedings held in the investigation or hearing. The certified copy shall have the same effect as if the transcriber were present and testified to the correctness of the copy.

AB150, s. 5244 Section 5244. 196.36 (2) of the statutes is amended to read:

AB150,1748,21 196.36 (2) (title) Copies. A copy of a transcript under this section shall be furnished on demand free of cost to any party to the investigation or hearing from which the transcript is taken. Upon request, the commission shall furnish a copy of an audiotape or videotape to any party to the investigation or hearing from which the audiotape or videotape is taken. The commission may charge a reasonable price for the tape.

AB150, s. 5245 Section 5245. 196.491 (2) (g) of the statutes is amended to read:

AB150,1749,19 196.491 (2) (g) Within 180 days after the plan is filed, the commission shall hold a hearing thereon. The hearing shall be held in an administrative district, established by executive order 22, issued August 24, 1970, which the commission determines will be significantly affected by facilities proposed in the plan to be constructed in the following 3 years. The commission may thereafter adjourn the hearing to other locations or may conduct the hearing by interactive video conference or other electronic method. Notice of such hearing shall be given by class 1 notice, under ch. 985, published in the official state newspaper and such other regional papers of general circulation as may be designated by the commission. At such hearing the commission shall briefly describe the plan and give all interested persons an opportunity, subject to reasonable limitations on the presentation of repetitious material, to express their views on any aspect of the plan. The presentation of such views need not be under oath nor subject to cross-examination. The commission shall advise all persons present of their right to express their views orally or in writing, under oath or otherwise, and of the legal effect of each such form of testimony. A written record of unsworn testimony shall be made and considered by the commission as comments on the plan under par. (e). Persons presenting such views shall not be parties. The utility, any state agency, county, municipality, town, or any person whose substantial rights may be adversely affected by the testing for or construction of facilities described in an advance plan, shall, upon filing written notice setting forth its interest at least 10 days in advance, be afforded all the rights of a party in a contested case.

AB150, s. 5246 Section 5246. 196.856 (1) and (2) of the statutes are amended to read:

AB150,1750,2 196.856 (1) The commission shall annually assess against the major utilities, as defined under s. 144.386 (1) (f), the total, not to exceed $400,000, of the amounts amount appropriated under ss. s. 20.370 (2) (cj) and 20.505 (1) (jm) for acid deposition studies, including the nitrogen oxide study under s. 144.389 (3), and evaluation and monitoring activities conducted by the department of natural resources and the department of administration.

AB150,1750,7 (2) The commission shall, with the cooperation of the department of natural resources and the department of administration, promulgate rules establishing a method for assessing each major utility an amount that is proportionate to its fraction of the total amount of sulfur dioxide emissions from major utilities in this state.

AB150, s. 5247 Section 5247. 196.857 (title) of the statutes is amended to read:

AB150,1750,9 196.857 (title) Assessment for stray Stray voltage program.

AB150, s. 5248 Section 5248. 196.857 (1) (intro.), (a) and (b) of the statutes are renumbered 196.857 (1m) (intro.), (a) and (b), and 196.857 (1m) (intro.) and (a), as renumbered, are amended to read:

AB150,1750,22 196.857 (1m) (title) Assessments. (intro.) The commission shall establish and administer a program to provide to farmers on-site technical assistance related to stray voltage. In cooperation with the department of agriculture, trade and consumer protection, the commission shall investigate the causes of stray voltage on individual farms, recommend to farmers solutions to stray voltage problems and evaluate the effectiveness of on-site technical assistance. The commission shall assess annually all of the following amounts to public utilities which produce electricity and which have annual gross operating revenues related to electricity in excess of $100,000,000 in proportion to their respective electric gross operating revenues during the last calendar year, derived from intrastate operations:

AB150,1751,2 (a) The amount appropriated under s. 20.155 (1) (L), less any amount received under s. 20.155 (1) (Lb) and less any fees received under sub. (2k) and credited to the appropriation under s. 20.155 (1) (L). The amounts received under this paragraph shall 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 Section 5249. 196.857 (1) (c) of the statutes is repealed.

AB150, s. 5250 Section 5250. 196.857 (1g) of the statutes is created to read:

AB150,1751,7 196.857 (1g) Program elements. (a) The commission shall establish and administer a stray voltage program. The program shall focus on regulation, education, inspection and investigation relating to stray voltage.

AB150,1751,10 (b) The commission shall identify standardized test procedures check lists and equipment to be used by public utilities to investigate stray voltage. The commission may audit the results of investigations.

AB150,1751,12 (c) The commission shall conduct classroom and on-farm stray voltage training sessions for public utilities, cooperatives, electricians or other interested parties.

AB150,1751,17 (d) The commission shall conduct unannounced spot checks of on-farm stray voltage testing done by public utilities if the farmer gives permission for the check at the time the farm is visited. The commission may inspect the operation of public utility stray voltage programs to ensure that proper equipment and procedures are being used and to ensure that investigators are properly trained.

AB150,1751,21 (e) In cooperation with the department of agriculture, trade and consumer protection, the commission shall investigate the causes of stray voltage on individual farms, recommend to farmers solutions to stray voltage problems and evaluate the effectiveness of on-site technical assistance.

AB150, s. 5251 Section 5251. 196.857 (2) of the statutes is amended to read:

AB150,1752,4 196.857 (2) (title) Due date. A public utility shall pay the total amount that it is assessed under sub. (1) (1m) within 30 days after it receives a bill for that amount from the commission. The bill constitutes notice of the assessment and demand of payment.

AB150, s. 5252 Section 5252. 196.857 (2g) of the statutes is amended to read:

AB150,1752,9 196.857 (2g) (title) Farm services fees. The commission shall assess fees not to exceed $100 may charge a reasonable fee per farm for the services provided to farmers under this section. The fees collected under this subsection shall be credited to the appropriation under s. 20.115 (8) (j) in each fiscal year.

AB150, s. 5253 Section 5253. 196.857 (2k) of the statutes is created to read:

AB150,1752,14 196.857 (2k) Other services fees. The commission may charge a reasonable fee for services, other than on-farm site-related services, provided under this section. The fees collected under this subsection shall be credited to the appropriation under s. 20.155 (1) (L) in each fiscal year.

AB150, s. 5254 Section 5254. 196.857 (2m) of the statutes is amended to read:

AB150,1752,23 196.857 (2m) (title) Additional investigations. If the commission, at the request of an electric cooperative organized under ch. 185 or any public utility which is not assessed under sub. (1) (1m), conducts an investigation of the causes of stray voltage on any farm receiving electrical service from that electric cooperative or public utility, that electric cooperative or public utility shall pay a reasonable fee, not exceeding $500 per investigation, which the commission shall establish separately for each request. The amounts received under this subsection shall be credited to the appropriation made in s. 20.155 (1) (L).

AB150, s. 5255 Section 5255. 196.857 (3) of the statutes is repealed.

AB150, s. 5256 Section 5256. 197.10 (4) of the statutes is amended to read:

AB150,1753,19 197.10 (4) Insofar as the use, operation, service, management, control, sale, lease, purchase, extension, improvement, rates, value or earnings of the properties of the public utility or provisions looking toward the ultimate acquisition of the same are made subject to the terms of any contract provided for in sub. (1), and so long as said contract remains in force, the following sections of the statutes shall be inapplicable to the same: ss. 195.05, 195.10, 196.02 (1) and (2), 196.05, 196.09, 196.10, 196.11, 196.15, 196.16, 196.19 (6), 196.20, 196.21, 196.22, 196.26, 196.28, 196.30, 196.37, 196.39, 196.40, 196.58, 196.70, 197.01 (2) to (4), 197.02, 197.03, 197.04, 197.05, 197.06, 197.08 and 197.09; provided that nothing in any contract made hereunder shall operate to prevent an appeal to the public service commission by any person, other than a party to said contract, upon any complaint alleging that any rate, fare, charge or classification, or any joint rate, or any regulation, act or practice relating to the production, transmission, delivery or furnishing of gas, heat, light or power, or any service in connection therewith, is unjustly discriminatory, or that any such service is inadequate or cannot be obtained. Upon said appeal the commission shall, as provided by law, determine and by order fix a rate, fare, charge, classification, joint rate or regulation, act or practice or service to be imposed, observed or followed in the future in lieu of that found to be unjustly discriminatory or inadequate.

AB150, s. 5257 Section 5257. 214.01 (1) (f) of the statutes is amended to read: