AB710: Bill Text

AB710,523,17 (d) "Public improvement" means the result of the performance of work or the furnishing of materials or both, for which special assessments are authorized to be levied against the property benefited by the special assessment.

AB710,523,21 (2) (a) For the purpose of anticipating the collection of special assessments payable in instalments under s. 66.0621 (3), the governing body of a local governmental unit, after the instalments have been determined, may issue general obligation-local improvement bonds under this section.

AB710,523,25 (3) After the expiration of 90 days from the date of a general obligation-local improvement bond, the bond is conclusive evidence of the legality of all proceedings up to and including the issue of the bond and prima facie evidence of the proper construction of the improvement.

Note: Provisions of s. 66.54 relating to general obligation-local improvement bonds are relocated to ch. 67, relating to general obligation debt. See also Section 518 of this bill.

AB710, s. 624 Section 624. 70.11 (18) of the statutes is amended to read:

AB710,524,3 70.11 (18) Housing. Property of housing authorities exempt from taxation under ss. 66.39 (9) and 66.40 (22) s. 66.1201 (22).

AB710, s. 625 Section 625. 74.53 (1) (b) of the statutes is amended to read:

AB710,524,9 74.53 (1) (b) The cost of razing and removing property and restoring the site to a dust-free and erosion-free condition incurred under s. 66.05 (2), (5), (8) (bg) or (10) 66.0413 (1) (br) 2., (f), (g) or (i), (2) (d) or (4) or of filling an excavation incurred under s. 66.05 (6) 66.0427 if the person owned the property when the property was razed and removed and the site restored or the excavation was filled.

AB710, s. 626 Section 626. 85.20 (3) (b) 4. of the statutes is amended to read:

AB710,524,13 85.20 (3) (b) 4. The eligible applicant complies with any applicable provisions of ss. 59.58 (2) (j) 2., (k) 2. and (L) and (3) (h) 2. and (j), 66.94 (30m) and 66.943 66.1021 (10) (b), (11) (b) and (12) with respect to limitation on service.

AB710, s. 627 Section 627. 87.01 (7) of the statutes is amended to read:

AB710,524,16 87.01 (7) "Public service corporation" means any corporation specified in s. 200.01 201.01.

AB710, s. 628 Section 628. 103.49 (1) (d), (3) (a) and (b), (4r), (5) (a) and (b), (6m) (a) to (e) and (7) (a) and (d) of the statutes are amended to read:

AB710,525,2 103.49 (1) (d) "Prevailing 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for a majority of the hours worked in the trade or occupation on projects in the area, or if.

AB710,525,11 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, then the "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area shall be means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation.

AB710,526,2 (3) (a) Before bids are asked for any work to which this section applies, the state agency having the authority to prescribe the specifications shall apply to the department to determine the prevailing wage rate and prevailing hours of labor for each trade or occupation required in the work under contemplation in the area in which the work is to be done. The department shall make such investigations and hold such public hearings as may be necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates and prevailing hours of labor in all areas of the state for those trades or occupations, with a view to ascertaining the prevailing wage rate and prevailing hours of labor for each such trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the same determination with the requesting state agency applying therefor. For the information of the employes working on the project, the prevailing wage rates and prevailing hours of labor determined by the department and the provisions of subs. (2) and (6m) shall be kept posted by the state agency in at least one conspicuous and easily accessible place on the site of the project.

AB710,526,12 (b) Any person may request a recalculation of any portion of a determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate or prevailing hours of labor for any given trade or occupation included in the initial determination does not represent the prevailing wage rate or prevailing hours of labor for that trade or occupation in the area. Such The evidence shall include wage rate and hours of labor information for work performed in the contested trade or occupation in the area within the previous 12 months. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.

AB710,526,20 (4r) Compliance. (a) When the department finds that a state agency has not requested a determination under sub. (3) (a) or that a state agency, contractor or subcontractor has not physically incorporated a determination into a contract or subcontract as required under sub. (2) or has not notified a minor subcontractor of a determination in the manner prescribed by the department by rule promulgated under sub. (2), the department shall notify the state agency, contractor or subcontractor of such the noncompliance and shall file the determination with the state agency, contractor or subcontractor within 30 days after such notice.

AB710,526,25 (b) Upon completion of a project and before receiving final payment for his or her work on the project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until such an the affidavit is filed in proper form and order.

AB710,527,14 (c) Upon completion of a project and before receiving final payment for his or her work on the project, each contractor shall file with the state agency authorizing the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under par. (b) from each of the contractor's agents and subcontractors. A state agency may not authorize a final payment until such an the affidavit is filed in proper form and order. If a state agency authorizes a final payment before such an affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person specified in sub. (2m) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the state agency withhold all or part of the final payment, but the state agency fails to do so, the state agency is liable for all back wages payable up to the amount of the final payment.

AB710,527,19 (5) (a) Each contractor, subcontractor or contractor's or subcontractor's agent thereof performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid therefor for the hours worked.

AB710,528,5 (b) It shall be the duty of the department to enforce this section. To this end it may demand and examine, and it shall be the duty of every contractor, subcontractor and contractor's and subcontractor's agent thereof to shall keep, and furnish to upon request by the department, copies of payrolls and other records and information relating to the wages paid to persons described in sub. (2m) for work to which this section applies. The department may inspect records in the manner provided in this chapter and chs. 104 to 106.Every contractor, subcontractor or agent performing work on a project that is subject to this section is subject to the requirements of ch. 101 relating to the examination of records. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

AB710,528,10 (6m) (a) Except as provided in pars. (b), (d) and (f), any contractor, subcontractor or contractor's or subcontractor's agent thereof who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that any such a violation continues shall be considered is a separate offense.

AB710,528,18 (b) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to give up, waive or return any part of the wages to which the individual is entitled under the contract governing such the project, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project that is not subject to this section during a week in which the employe works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from such employment or by any other means is guilty of an offense under s. 946.15 (1).

AB710,529,2 (c) Any person employed on a project that is subject to this section who knowingly permits a contractor, subcontractor or contractor's or subcontractor's agent thereof to pay him or her less than the prevailing wage rate set forth in the contract governing such the project, who gives up, waives or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2).

AB710,529,8 (d) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the individual is entitled under the contract governing such the project to be deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 276c.

AB710,529,13 (e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing such the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.

AB710,530,2 (7) (a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies and to the University of Wisconsin Hospitals and Clinics Authority a list of all persons whom the department has found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under sub. (3) at any time in the preceding 3 years. The department shall include with any such name the address of such the person and shall specify when such the person failed to pay the prevailing wage rate and when such the person paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. A state agency or the University of Wisconsin Hospitals and Clinics Authority may not award any contract to such the person unless otherwise recommended by the department or unless 3 years have elapsed from the date the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.

AB710,530,11 (d) Any person submitting a bid on a project that is subject to this section shall be required, on the date the person submits the bid, to identify any construction business in which the person, or a shareholder, officer or partner of the person, if the person is a business, owns, or has owned at least a 25% interest on the date the person submits the bid or at any other time within 3 years preceding the date the person submits the bid, if the business has been found to have failed to pay the prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under sub. (3).

Note: For consistency, s. 103.49 (prevailing wage rates for state building projects) is amended to make editorial changes that parallel those made to current s. 66.293 (prevailing wage rates for municipalities) by Section 335.

AB710, s. 629 Section 629. 103.50 (1) (d), (7) (a) to (e) and (8) of the statutes are amended to read:

AB710,530,18 103.50 (1) (d) "Prevailing 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly, for a majority of the hours worked in the trade or occupation in the area , or if.

AB710,531,3 2. If there is no rate at which a majority of the hours worked in the trade or occupation in the area is paid, then the prevailing wage rate shall be "prevailing wage rate" means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation in that area.

AB710,531,7 (7) (a) Except as provided in pars. (b), (d) and (f), any contractor, subcontractor or contractor's or subcontractor's agent thereof who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that any such a violation continues shall be considered is a separate offense.

AB710,531,15 (b) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to give up, waive or return any part of the wages to which the individual is entitled under the contract governing such the project, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project that is not subject to this section during a week in which the employe works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from such employment or by any other means is guilty of an offense under s. 946.15 (1).

AB710,531,24 (c) Any person employed on a project that is subject to this section who knowingly permits a contractor, subcontractor or contractor's or subcontractor's agent thereof to pay him or her less than the prevailing wage rate set forth in the contract governing such the project, who gives up, waives or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2).

AB710,532,6 (d) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the individual is entitled under the contract governing such the project to be deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 276c.

AB710,532,12 (e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing such the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 276c.

AB710,532,24 (8) Enforcement and prosecution. The department of transportation shall require adherence to subs. (2) and (6). The department of transportation may demand and examine, and it shall be the duty of every contractor, subcontractor and contractor's or subcontractor's agent thereof to shall keep and furnish to upon request by the department of transportation, copies of payrolls and other records and information relating to the wages paid to persons described in sub. (2m) for work to which this section applies. Upon request of the department of transportation or upon complaint of alleged violation, the district attorney of the county in which the work is located shall make such investigation investigate as necessary and prosecute violations in a court of competent jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

Note: For consistency, s. 103.50 (prevailing wage rates for state highway projects) is amended to make editorial changes that parallel those made to current s. 66.293 (prevailing wage rates for municipalities) by Section 335.

AB710, s. 630 Section 630. 117.132 (1m) (a) of the statutes is amended to read:

AB710,533,4 117.132 (1m) (a) "Annexed" means annexed or attached under s. 66.021, 66.022, 66.023, 66.024, 66.025 or 66.027 66.0217, 66.0219, 66.0221, 66.0223, 66.0225, 66.0227 or 66.0307.

AB710, s. 631 Section 631. 119.04 (1) of the statutes, as affected by 1997 Wisconsin Act 77 and 1999 Wisconsin Act 9, is amended to read:

AB710,533,14 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34) and (35) and, 120.14 and 120.25 are applicable to a 1st class city school district and board.

AB710, s. 632 Section 632. 120.25 (title) of the statutes is created to read:

AB710,533,16 120.25 (title) School board cooperation in acquiring school facilities.

AB710, s. 633 Section 633. 182.025 (1) of the statutes is amended to read:

AB710,534,20 182.025 (1) Any domestic corporation formed to furnish water, heat, light, power, telegraph or telecommunications service or signals by electricity may, subject to the provisions of ch. 200 201 and by an affirmative vote of at least two-thirds of its outstanding shares entitled to vote thereon, or any cooperative association organized under ch. 185 to furnish water, heat, light, power, telegraph or telecommunications service to its stockholders or members only may, by a vote of a majority of a quorum of its stockholders or members present at any regular or special meeting held upon due notice as to the purpose of the meeting or when authorized by the written consent of the holders of a majority of its capital stock outstanding and entitled to vote or of a majority of its members, mortgage or trust deed any or all of the property, rights and privileges and franchises that it may then own or thereafter acquire, to secure the payment of its bonds or notes to a fixed amount or in amounts to be from time to time determined by the board of directors, and may, in and by such mortgage or deed of trust, provide for the disposal of any of its property and the substitution of other property in its place. Every such mortgage or deed of trust may be recorded in the office of the register of deeds of the county in which such corporation is located at the time of such recording, and such record shall have the same effect as if the instrument were filed in the proper office as a chattel mortgage or financing statement, and so remain until satisfied or discharged without any further affidavit, continuation statement or proceeding whatever. For this purpose the location of such corporation shall be deemed to be: as to a corporation or a cooperative association not at the time subject to either s. 180.0501 or 185.08, the location designated in its articles as then in effect; as to a corporation subject to s. 180.0501, the location of its registered office; and as to a cooperative association subject to s. 185.08, the location of its principal office or registered agent as designated thereunder.

AB710, s. 634 Section 634. 182.031 (2) of the statutes is amended to read:

AB710,535,2 182.031 (2) Powers; place of business. Every such corporation shall possess all the rights and powers conferred upon corporations by chs. 180 and 200 201. It may have its principal place of business without the state. If its principal place of business is outside the state, process in actions against it may be served as provided in s. 180.1510 for service on a foreign stock corporation authorized to transact business in this state.

AB710, s. 635 Section 635. 182.70 (9) (a) of the statutes is amended to read:

AB710,535,7 182.70 (9) (a) The company may, after certification from the commission according to the procedures under ss. 200.03 and 200.04 201.03 and 201.04, issue bonds or other obligations secured by pledge, assignment, mortgage or trust deed of its property.

AB710, s. 636 Section 636. 182.71 (7) (c) of the statutes is amended to read:

AB710,535,16 182.71 (7) (c) The company may, after certification from the commission according to the procedures under ss. 200.03 and 200.04 201.03 to 201.04, issue capital stock or negotiable bonds. The money received by the company upon account of capital stock or sale of its negotiable bonds shall be used to pay the original cost of purchase, construction or improvement of the reservoir system. All tolls collected under sub. (5) shall be applied only to the payment of cost of maintenance and operation of the system and payment of the net return on capital so that the capital stock and bonds of the corporation shall be maintained at par value at all times.

AB710, s. 637 Section 637. 195.60 (2) of the statutes is amended to read:

AB710,536,9 195.60 (2) The office 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 and 10% of the expenditures so determined shall be expenditures for state government operations. The office shall deduct therefrom all amounts chargeable to railroads under sub. (1) and s. 200.10 201.10 (3). A sum equal to the remainder plus 10% of the remainder shall be assessed by the office 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 1.75% 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 requires.

AB710, s. 638 Section 638. 196.02 (7) of the statutes is amended to read:

AB710,536,14 196.02 (7) Commission initiative. In any matter within its jurisdiction, including, but not limited to, chs. 197 and 200 201 and this chapter, the commission may initiate, investigate and order a hearing at its discretion upon such notice as it deems proper.

AB710, s. 639 Section 639. 196.195 (1) of the statutes is amended to read:

AB710,536,18 196.195 (1) Regulation imposed. Except as provided in this section and ss. 196.202, 196.203, 196.215 and 196.219, a telecommunications utility is subject to every applicable provision of this chapter and ch. 200 201.

AB710, s. 640 Section 640. 196.195 (5) of the statutes is amended to read:

AB710,537,4 196.195 (5) Commission action. If after the proceedings under subs. (2), (3) and (4) the commission has determined that effective competition exists in the market for the telecommunications service which justifies a lesser degree of regulation and that lesser regulation in that market will serve the public interest, the commission may, by order, suspend any of the following provisions of law, except as provided under subs. (7) and (8): ch. 200 201 and s. 196.02 (2); s. 196.05; s. 196.06; s. 196.07; s. 196.09; s. 196.10; s. 196.12; s. 196.13 (2); s. 196.19; tariffing requirements under s. 196.194; s. 196.196 (1) or (5); s. 196.20; s. 196.204 (7); s. 196.21; s. 196.22; s. 196.26; s. 196.28; s. 196.37; s. 196.49; s. 196.52; s. 196.58; s. 196.60; s. 196.604; s. 196.77; s. 196.78; s. 196.79; and s. 196.805.

AB710, s. 641 Section 641. 196.202 (2) of the statutes is amended to read:

AB710,537,13 196.202 (2) Scope of regulation. A commercial mobile radio service provider is not subject to ch. 200 201 or this chapter, except a commercial mobile radio service provider is subject to s. 196.218 (3) to the extent not preempted by federal law. If the application of s. 196.218 (3) to a commercial mobile radio service provider is not preempted, a commercial mobile radio service provider shall respond, subject to the protection of the commercial mobile radio service provider's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to administer the universal service fund.

AB710, s. 642 Section 642. 196.203 (1) of the statutes, as affected by 1997 Wisconsin Act 140, is amended to read:

AB710,537,17 196.203 (1) Except as provided in this section, alternative telecommunications utilities are exempt from all provisions of ch. 200 201 and this chapter.

AB710, s. 643 Section 643. 196.203 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 140, is amended to read:

AB710,538,2 196.203 (3) (a) In response to a petition from any interested person, or upon its own motion, the commission shall determine whether the public interest requires that any provision of ch. 200 201 or this chapter be imposed on a person providing or proposing to provide service as an alternative telecommunications utility in a relevant market. In making this determination, the commission may consider factors including the quality of service, customer complaints, concerns about the effect on customers of local exchange telecommunications utilities and the extent to which similar services are available from alternative sources.

AB710, s. 644 Section 644. 196.203 (4) of the statutes is amended to read:

AB710,538,6 196.203 (4) The commission may impose any provision of ch. 200 201 or this chapter on one or more, but not necessarily all, alternative telecommunications utilities providing service in a relevant market.

AB710, s. 645 Section 645. 196.795 (5) (a) of the statutes is amended to read:

AB710,538,12 196.795 (5) (a) No holding company which is not a public utility and no nonutility affiliate is subject to any regulatory power of the commission except under this section, ss. 196.52, 196.525 and 196.84 and except under ch. 200 201 if the commission has made a determination under sub. (7) (a) which makes such holding company a public service corporation, as defined under s. 200.01 201.01 (2).

AB710, s. 646 Section 646. 196.795 (5) (b) of the statutes is amended to read:

AB710,538,22 196.795 (5) (b) The commission has full access to any book, record, document or other information relating to a holding company system to the extent that such information is relevant to the performance of the commission's duties under ch. 200 201, this chapter or any other statute applicable to the public utility affiliate. The commission may require a holding company to keep any record or document which is necessary for the commission to perform its duties under this section and which is consistent with generally accepted accounting and record-keeping practices of the particular type of business involved. Any information obtained under this paragraph is subject to sub. (9), when applicable.

AB710, s. 647 Section 647. 196.80 (1m) (d) of the statutes is amended to read:

AB710,539,4 196.80 (1m) (d) Consolidate or merge with any Wisconsin corporation if substantially all of the assets of the corporation consist of the entire stock of the public utility. The total of the resulting securities outstanding of the possessor corporation which have not been authorized previously under ch. 200 201 shall require authorization under ch. 200 201 as a condition precedent to the merger or consolidation.

AB710, s. 648 Section 648. 196.85 (1) of the statutes is amended to read:

AB710,540,4 196.85 (1) If the commission 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 public utility, power district or sewerage system or to render any engineering or accounting services to any public utility, power district or sewerage system, the public utility, power district or sewerage system shall pay the expenses attributable to the investigation, including the cost of litigation, appraisal or service. The commission shall mail a bill for the expenses to the public utility, power district or sewerage system either at the conclusion of the investigation, appraisal or services, or during its progress. The bill constitutes notice of the assessment and demand of payment. The public utility, power district or sewerage system shall, within 30 days after the mailing of the bill pay to the commission 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 (1) (g). The total amount in any one calendar year for which any public utility, power district or sewerage system is liable, by reason of costs incurred by the commission within the calendar year, including charges under s. 200.10 201.10 (3), may not exceed four-fifths of one percent of its gross operating revenues derived from intrastate operations in the last preceding calendar year. Nothing in this subsection shall prevent the commission 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 commission and 10% of the costs determined shall be costs of state government operations.

AB710, s. 649 Section 649. 196.85 (2) of the statutes is amended to read:

AB710,541,4 196.85 (2) The commission shall annually, within 90 days of the commencement of each fiscal year, calculate the total of its expenditures during the prior fiscal year which are reasonably attributable to the performance of its duties relating to public utilities, sewerage systems and power districts under this chapter and chs. 66, 198 and 200 201 and expenditures of the state for state government operations to support the performance of such duties. For purposes of such calculation, 90% of the expenditures so determined shall be expenditures of the commission and 10% of the expenditures so determined shall be expenditures for state government operations. The commission shall deduct from this total all amounts chargeable to public utilities, sewerage systems and power districts under sub. (1) and s. 200.10 201.10 (3). The commission shall assess a sum equal to the remainder plus 10% of the remainder to the public utilities and power districts in proportion to their respective gross operating revenues during the last calendar year, derived from intrastate operations. If, at the time of payment, the prior year's expenditures made under this section exceeded the payment made under this section in the prior year, the commission shall charge the remainder to the public utilities and power districts in proportion to their gross operating revenues during the last calendar year. If, at the time of payment it is determined that the prior year's expenditures made under this section were less than the payment made under this section in the prior year, the commission shall credit the difference to the current year's payment. The assessment shall be paid within 30 days after the bill has been mailed to the public utilities and power districts. The bill constitutes notice of the assessment and demand of payment. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (1) (g).

AB710, s. 650 Section 650. Chapter 200 (title) of the statutes is renumbered chapter 201 (title).

AB710, s. 651 Section 651. Chapter 200 (title) of the statutes is created to read:

AB710,541,10 Chapter 200 Metropolitan Sewerage Districts

AB710, s. 652 Section 652. Subchapter I (title) of chapter 200 [precedes 200.01] of the statutes is created to read:

AB710,541,13 chapter 200

AB710,541,15 Subchapter I Districts Generally

AB710, s. 653 Section 653. 200.01 to 200.05 of the statutes, as affected by 1999 Wisconsin Act 9, are renumbered 201.01 to 201.05.

AB710, s. 654 Section 654. 200.06 (title) and (1) of the statutes are renumbered 201.06 (title) and (1).

AB710, s. 655 Section 655. 200.06 (2) of the statutes is renumbered 201.06 (2) and amended to read: