AB150-ASA,1582,2413
190.01
(2) The articles of incorporation and amendments thereto shall be filed
14with the
secretary of state department of revenue; in the case of articles, the
15secretary of state department of revenue shall thereupon issue a certificate of
16incorporation and the corporation then has legal existence. The articles of
17incorporation or special charter of any railroad company may be amended by a
18majority vote of all the stock in the respects and for the purposes provided in s.
19180.1001. The fees for filing articles and amendments thereto are as provided in s.
20180.0122 (1) (a) and (m) except that the fees for filing an amendment which
21authorizes the issuance of redeemable preference shares for sale to the U.S.
22secretary of transportation under sections 505 and 506 of P.L.
94-210 is $15 for the
23amendment and an additional sum equal to $1 for each $100,000 or fraction thereof
24of par value redeemable preference shares authorized by the amendment.
AB150-ASA,1583,13
1194.51 Suit to recover protested tax. No suit shall be maintained in any
2court to restrain or delay the collection or payment of the taxes levied in this chapter.
3The aggrieved taxpayer shall pay the tax as and when due, and, if paid under protest,
4may at any time within 90 days from the date of such payment, sue the state in an
5action at law to recover the tax so paid. If it is finally determined that said tax, or
6any part thereof, was wrongfully collected for any reason, it shall be the duty of the
7department secretary of administration to
issue a warrant on the state treasurer for 8pay out of the transportation fund the amount of such tax so adjudged to have been
9wrongfully collected
, and the treasurer shall pay the same out of the transportation
10fund. A separate suit need not be filed for each separate payment made by any
11taxpayer, but a recovery may be had in one suit for as many payments as may have
12been made within any 90-day period preceding the commencement of such an action.
13Such suits shall be commenced as provided in s. 775.01.
AB150-ASA,1584,715
195.29
(5) Elimination of grade crossings, costs. Upon petition of the
16department, or of the common council or board of any city, village, town or county,
17alleging that one or more of them have undertaken or propose to undertake to
18relocate or improve an existing highway or to construct a new highway in such
19manner as to eliminate a highway grade crossing with any railroad or so as to
20permanently divert a material portion of the highway traffic from a highway grade
21crossing with any railroad, the office shall issue notice of investigation and hearing,
22as provided in s. 195.04. If upon such hearing the office finds that the public safety
23will be promoted by the highway relocation, improvement or new construction, the
24office shall order the old crossings closed and new crossings opened as are deemed
25necessary for public safety. The order shall require the railroad company or
1companies to pay to the interested municipality or municipalities such sum as the
2office finds to be an equitable portion of the cost of the highway relocation,
3improvement or new construction, if the work is performed by the municipalities; or
4to the
state treasurer secretary of administration if the work is performed by the
5state; or to the proper county treasurer if the work is performed by the county. The
6sum shall be added to the joint fund available for the improvement and may be
7expended in like manner as the other portions of the fund.
AB150-ASA,1584,259
195.60
(2) The office shall annually, within 90 days after the close of each fiscal
10year, ascertain the total of its expenditures during such year which are reasonably
11attributable to the performance of its duties relating to railroads. For purposes of
12such calculation, 90% of the expenditures so determined shall be expenditures of the
13office and 10% of the expenditures so determined shall be expenditures for state
14government operations. The office shall deduct therefrom all amounts chargeable
15to railroads under sub. (1) and s. 184.10 (3). A sum equal to the remainder plus 10%
16of the remainder shall be assessed by the office to the several railroads in proportion
17to their respective gross operating revenues during the last calendar year, derived
18from intrastate operations. Such assessment shall be paid within 30 days after the
19bill has been mailed to the several railroads, which bill shall constitute notice of
20assessment and demand of payment thereof. The total amount which may be
21assessed to the railroads under authority of this subsection shall not exceed
one
22percent 1.75% of the total gross operating revenues of such railroads, during such
23calendar year, derived from intrastate operations. Ninety percent of the payment
24shall be credited to the appropriation account under s. 20.155 (2) (g). The railroads
25shall furnish such financial information as the office requires.
AB150-ASA,1585,162
195.60
(3) If any railroad against which a bill has been rendered under sub. (1)
3or (2) within 30 days after the rendering of such bill neglects or refuses to pay the
4same or fails to file objections to the bill with the office, the office shall transmit to
5the
state treasurer secretary of administration a certified copy of the bill, together
6with notice of neglect or refusal to pay the bill, and on the same day the office shall
7mail to the railroad against which the bill has been rendered a copy of the notice
8which it has transmitted to the
state treasurer secretary of administration. Within
910 days after the receipt of such notice and certified copy of such bill, the
state
10treasurer secretary of administration shall levy the amount stated on such bill to be
11due, with interest, by distress and sale of any goods and chattels, including stocks,
12securities, bank accounts, evidences of debt, and accounts receivable belonging to
13such delinquent railroad. Such levy by distress and sale shall be governed by the
14provisions of s. 74.10, 1985 stats., except that it shall be made by the
state treasurer 15secretary of administration and that said goods and chattels anywhere within the
16state may be levied upon.
AB150-ASA,1586,318
195.60
(4) (d) If any bill against which objections have been filed is not paid
19within 10 days after notice of a finding that such objections have been overruled and
20disallowed by the office has been mailed to the objector, the office shall give notice
21of such delinquency to the
state treasurer secretary of administration and to the
22objector, in the manner provided in sub. (3). The
state treasurer secretary of
23administration shall then proceed to collect the amount of the bill as provided in sub.
24(3). If an amended bill is not paid within 10 days after a copy thereof is mailed to the
25objector by registered mail, the office shall notify the
state treasurer secretary of
1administration and the objector as in the case of delinquency in the payment of an
2original bill. The
state treasurer secretary of administration shall then proceed to
3collect the amount of the bill as provided in the case of an original bill.
AB150-ASA,1586,165
195.60
(5) No suit or proceeding shall be maintained in any court for the
6purpose of restraining or in any way delaying the collection or payment of any bill
7rendered under subs. (1) and (2). Every railroad against which a bill is rendered shall
8pay the amount thereof, and after such payment may in the manner herein provided,
9at any time within 2 years from the date the payment was made, sue the state in an
10action at law to recover the amount paid with legal interest thereon from the date
11of payment, upon the ground that the assessment was excessive, erroneous,
12unlawful or invalid in whole or in part. If it is finally determined in such action that
13any part of the bill for which payment was made was excessive, erroneous, unlawful
14or invalid, the
state treasurer secretary of administration shall make a refund to the
15claimant as directed by the court, which shall be charged to the appropriations to the
16office.
AB150-ASA, s. 5235m
17Section 5235m. 196.03 (3) (b) of the statutes is repealed and recreated to read:
AB150-ASA,1586,2118
196.03
(3) (b) Unless the governing body of a city, village or town adopts a
19resolution providing that the city, village or town will pay the retail charges for the
20production, storage, transmission, sale and delivery or furnishing of water for public
21fire protection purposes that are not included in general service charges:
AB150-ASA,1586,2322
1. A public utility shall include the charges in the water utility bill of each
23customer of the public utility in the city, village or town.
AB150-ASA,1587,3
12. A municipal utility may, in addition to including the charges in water utility
2bills under subd. 1., bill the charges to any person who meets all of the following
3conditions:
AB150-ASA,1587,44
a. The person is not a customer of the municipal utility.
AB150-ASA,1587,75
b. The person owns land that is located in the city, village or town and in an area
6in which the municipal utility has an obligation to provide water for public fire
7protection.
AB150-ASA,1587,149
196.04
(1) (b) 1. Any person who owns transmission equipment and property
10shall permit, for reasonable compensation, the use of the transmission equipment
11and property by any
public utility or telecommunications provider if public
12convenience and necessity require such use and if the use will not result in
13irreparable injury to any owner or user of the transmission equipment and property
14or in any substantial detriment to the service to be rendered by the owner or user.
AB150-ASA,1587,20
16196.175 Construction and occupancy standards. The commission may
17not establish or enforce construction or occupancy standards applicable to any public
18building, as defined in s. 101.01
(2) (g) (12), dwelling, as defined in s. 101.71 (2) or
19any occupancy standard applicable to any place of employment as defined in s. 101.01
20(2) (f) (11).
AB150-ASA,1588,1222
196.20
(5) (d) If the commission does not conduct a hearing under this
23subsection, a proposed rate increase or change in a rate schedule becomes effective
24as proposed and any rates, tolls or charges under review under s. 196.215 (6) or (7)
25may not be altered unless the commission issues a final order no later than 150 days
1after the commission receives the application or receives the information under par.
2(b) 1g. and 1r. If the commission conducts a hearing, a proposed rate increase or
3change in a rate schedule becomes effective as proposed and any rates, tolls or
4charges under review under s. 196.215 (6) or (7) may not be altered unless the
5commission issues the final order no later than 180 days after the commission
6receives the application or receives the information under par. (b) 1g. and 1r. If the
7commission conducts a hearing, the hearing examiner may extend the time for
8issuing a final order up to 30 additional days. The commission and the small
9telecommunications utility may agree in writing to extend the time for issuing a final
10order. Notwithstanding
s. ss. 196.34
and 196.36 (2), the commission may require the
11small telecommunications utility to bear the expense of
a stenographer to record 12producing a transcript of a hearing conducted under this section.
AB150-ASA,1588,2414
196.20
(6) If a telecommunications utility that is not a small
15telecommunications utility and that has 150,000 or less access lines in use in this
16state files with the commission an application for a rate change that constitutes an
17increase in rates, the rate change becomes effective as proposed unless the
18commission issues the final order on the application no later than 180 days after the
19commission receives the application. The hearing examiner may extend the time for
20issuing a final order up to 30 additional days. The commission and the
21telecommunications utility may agree in writing to extend the time for issuing a final
22order. Notwithstanding
s. ss. 196.34
and 196.36 (2), the commission may require the
23telecommunications utility to bear the expense of
a stenographer to record producing
24a transcript of a hearing conducted under this subsection.
AB150-ASA,1589,6
1196.209
(5) (a)
The At the commencement of each gubernatorial term of office,
2the commission shall appoint a telecommunications privacy council under s. 15.04
3(1) (c) consisting of representatives of telecommunications providers and of
4consumers of telecommunications services, including this state.
The privacy
5advocate designated under s. 19.625 (1) shall be a member of the telecommunications
6privacy council.
AB150-ASA,1589,128
196.218
(6) (a)
The At the commencement of each gubernatorial term of office,
9the commission shall appoint a universal service fund council under s. 15.04 (1) (c)
10consisting of representatives of telecommunications providers and consumers of
11telecommunications services, including this state. The majority of the members of
12the council shall be representatives of consumers of telecommunications services.
AB150-ASA,1589,17
14196.34 (title)
Stenographic Commission records. The commission shall
15keep a complete record of its proceedings before the commission or its agent
on in any
16formal investigation or hearing
held and shall appoint a stenographer to record all
17testimony presented at such proceedings.
AB150-ASA,1589,19
19196.36 (title)
Transcripts as evidence; free to parties and tapes.
AB150-ASA,1590,521
196.36
(1) (title)
Transcripts. The commission shall receive into evidence a
22transcribed copy of the evidence and proceedings, or any specific part of the evidence
23and proceedings, on any investigation or hearing taken by
the a stenographer
24appointed by the commission if the stenographer certifies that the copy is a true and
25correct transcript of all the testimony or of the testimony of a particular witness, or
1of any other specific part of the investigation or hearing, that the transcript was
2carefully compared by the stenographer with his or her original notes, and that the
3copy is a correct statement of the evidence presented and proceedings held in the
4investigation or hearing. The certified copy shall have the same effect as if the
5stenographer were present and testified to the correctness of the copy.
AB150-ASA,1590,167
196.36
(1m) Transcripts from tapes. The commission shall receive into
8evidence a transcribed copy of an audiotape or videotape of the evidence and
9proceedings, or any specific part of the evidence and proceedings, of any investigation
10or hearing that is recorded if the transcriber certifies that the copy is a true and
11correct transcription from the audiotape or videotape of all the testimony or of the
12testimony of a particular witness, or of any other specific part of the investigation or
13hearing and that the copy is a correct statement of the evidence presented and
14proceedings held in the investigation or hearing. The certified copy shall have the
15same effect as if the transcriber were present and testified to the correctness of the
16copy.
AB150-ASA,1590,2318
196.36
(2) (title)
Copies. A copy of a transcript under this section shall be
19furnished on demand free of cost to any party to the investigation or hearing from
20which the transcript is taken.
Upon request, the commission shall furnish a copy of
21an audiotape or videotape to any party to the investigation or hearing from which the
22audiotape or videotape is taken. The commission may charge a reasonable price for
23the tape.
AB150-ASA,1591,22
1196.491
(2) (g) Within 180 days after the plan is filed, the commission shall hold
2a hearing thereon. The hearing shall be held in an administrative district,
3established by executive order 22, issued August 24, 1970, which the commission
4determines will be significantly affected by facilities proposed in the plan to be
5constructed in the following 3 years. The commission may thereafter adjourn the
6hearing to other locations
or may conduct the hearing by interactive video conference
7or other electronic method. Notice of such hearing shall be given by class 1 notice,
8under ch. 985, published in the official state newspaper and such other regional
9papers of general circulation as may be designated by the commission. At such
10hearing the commission shall briefly describe the plan and give all interested persons
11an opportunity, subject to reasonable limitations on the presentation of repetitious
12material, to express their views on any aspect of the plan. The presentation of such
13views need not be under oath nor subject to cross-examination. The commission
14shall advise all persons present of their right to express their views orally or in
15writing, under oath or otherwise, and of the legal effect of each such form of
16testimony. A
written record of unsworn testimony shall be made and considered by
17the commission as comments on the plan under par. (e). Persons presenting such
18views shall not be parties. The utility, any state agency, county, municipality, town,
19or any person whose substantial rights may be adversely affected by the testing for
20or construction of facilities described in an advance plan, shall, upon filing written
21notice setting forth its interest at least 10 days in advance, be afforded all the rights
22of a party in a contested case.
AB150-ASA,1592,1324
196.85
(3) If any public utility, sewerage system or power district is billed under
25sub. (1) or (2) and fails to pay the bill within 30 days or fails to file objections to the
1bill with the commission, as provided in this subsection, the commission shall
2transmit to the
state treasurer secretary of administration a certified copy of the bill,
3together with notice of failure to pay the bill, and on the same day the commission
4shall mail by registered mail to the public utility, sewerage system or power district
5a copy of the notice which it has transmitted to the
state treasurer secretary of
6administration. Within 10 days after the receipt of notice and certified copy of the
7bill the
state treasurer secretary of administration shall levy the amount stated on
8the bill to be due, with interest, by distress and sale of any property, including stocks,
9securities, bank accounts, evidences of debt, and accounts receivable belonging to the
10delinquent public utility, sewerage system or power district. The levy by distress and
11sale shall be governed by s. 74.10, 1985 stats., except that it shall be made by the
state
12treasurer secretary of administration and that goods and chattels anywhere within
13the state may be levied upon.
AB150-ASA,1593,215
196.85
(4) (d) If any bill against which objections have been filed shall not be
16paid within ten days after notice of a finding that such objections have been overruled
17and disallowed by the commission has been mailed to the objector as herein provided,
18the commission shall give notice of such delinquency to the
state treasurer secretary
19of administration and to the objector, in the manner provided in sub. (3). The
state
20treasurer secretary of administration shall then proceed to collect the amount of said
21bill as provided in sub. (3). If an amended bill is not paid within ten days after a copy
22thereof is mailed to the objector by registered mail, the commission shall notify the
23state treasurer secretary of administration and the objector as in the case of
24delinquency in the payment of an original bill. The
state treasurer secretary of
1administration shall then proceed to collect the amount of said bill as provided in the
2case of an original bill.
AB150-ASA,1593,144
196.85
(5) No suit or proceeding may be maintained in any court to restrain or
5delay the collection or payment of any bill rendered under subs. (1) and (2). Every
6public utility, sewerage system or power district that is billed shall pay the amount
7of the bill, and after payment may in the manner provided under this section, at any
8time within 2 years from the date the payment was made, sue the state to recover
9the amount paid plus interest from the date of payment, upon the ground that the
10assessment was excessive, erroneous, unlawful or invalid in whole or in part. If the
11court finds that any part of the bill for which payment was made was excessive,
12erroneous, unlawful or invalid, the
state treasurer
secretary of administration shall
13make a refund to the claimant as directed by the court. The refund shall be charged
14to the appropriations to the commission.
AB150-ASA, s. 5246
15Section
5246. 196.856 (1) and (2) of the statutes are amended to read:
AB150-ASA,1593,2116
196.856
(1) The commission shall annually assess against the major utilities,
17as defined under s. 144.386 (1) (f), the total, not to exceed $400,000, of the
amounts 18amount appropriated under
ss. s. 20.370 (2) (cj)
and 20.505 (1) (jm) for acid deposition
19studies
, including the nitrogen oxide study under s. 144.389 (3), and evaluation and
20monitoring activities conducted by the department of natural resources
and the
21department of administration.
AB150-ASA,1594,2
22(2) The commission shall, with the cooperation of the department of natural
23resources
and the department of administration, promulgate rules establishing a
24method for assessing each major utility an amount that is proportionate to its
1fraction of the total amount of sulfur dioxide emissions from major utilities in this
2state.
AB150-ASA,1594,4
4196.857 (title)
Assessment for stray Stray voltage program.
AB150-ASA, s. 5248
5Section
5248. 196.857 (1) (intro.), (a) and (b) of the statutes are renumbered
6196.857 (1m) (intro.), (a) and (b), and 196.857 (1m) (intro.) and (a), as renumbered,
7are amended to read:
AB150-ASA,1594,178
196.857
(1m) (title)
Assessments. (intro.)
The commission shall establish and
9administer a program to provide to farmers on-site technical assistance related to
10stray voltage. In cooperation with the department of agriculture, trade and
11consumer protection, the commission shall investigate the causes of stray voltage on
12individual farms, recommend to farmers solutions to stray voltage problems and
13evaluate the effectiveness of on-site technical assistance. The commission shall
14assess annually all of the following amounts to public utilities which produce
15electricity and which have annual gross operating revenues related to electricity in
16excess of $100,000,000 in proportion to their respective electric gross operating
17revenues during the last calendar year, derived from intrastate operations:
AB150-ASA,1594,2118
(a) The amount appropriated under s. 20.155 (1) (L), less any amount received
19under s. 20.155 (1) (Lb)
and less any fees received under sub. (2k) and credited to the
20appropriation under s. 20.155 (1) (L). The amounts received under this paragraph
21shall be credited to the appropriation made in s. 20.155 (1) (L).
AB150-ASA,1595,3
1196.857
(1g) Program elements. (a) The commission shall establish and
2administer a stray voltage program. The program shall focus on regulation,
3education, inspection and investigation relating to stray voltage.
AB150-ASA,1595,64
(b) The commission shall identify standardized test procedures check lists and
5equipment to be used by public utilities to investigate stray voltage. The commission
6may audit the results of investigations.
AB150-ASA,1595,87
(c) The commission shall conduct classroom and on-farm stray voltage training
8sessions for public utilities, cooperatives, electricians or other interested parties.
AB150-ASA,1595,139
(d) The commission shall conduct unannounced spot checks of on-farm stray
10voltage testing done by public utilities if the farmer gives permission for the check
11at the time the farm is visited. The commission may inspect the operation of public
12utility stray voltage programs to ensure that proper equipment and procedures are
13being used and to ensure that investigators are properly trained.
AB150-ASA,1595,1714
(e) In cooperation with the department of agriculture, trade and consumer
15protection, the commission shall investigate the causes of stray voltage on individual
16farms, recommend to farmers solutions to stray voltage problems and evaluate the
17effectiveness of on-site technical assistance.
AB150-ASA,1595,2219
196.857
(2) (title)
Due date. A public utility shall pay the total amount that
20it is assessed under sub.
(1) (1m) within 30 days after it receives a bill for that amount
21from the commission. The bill constitutes notice of the assessment and demand of
22payment.
AB150-ASA,1596,424
196.857
(2g) (title)
Farm services fees. The commission
shall assess fees not
25to exceed $100 may charge reasonable fees not to exceed $300 per farm for
the
1services provided to farmers under this section.
The fees shall be in accordance with
2a standardized schedule of fees established by the commission by rule. The fees
3collected under this subsection shall be credited to the appropriation
account under
4s. 20.115 (8) (j) in each fiscal year.
AB150-ASA,1596,106
196.857
(2k) Other services fees. The commission may charge a reasonable
7fee for services, other than on-farm site-related services, provided under this
8section. The fee may not exceed the actual costs of the services. The fees collected
9under this subsection shall be credited to the appropriation account under s. 20.155
10(1) (L) in each fiscal year.
AB150-ASA,1596,2112
196.857
(2m) (title)
Additional investigations. If the commission, at the
13request of an electric cooperative organized under ch. 185 or any public utility which
14is not assessed under sub.
(1) (1m), conducts an investigation of the causes of stray
15voltage on any farm receiving electrical service from that electric cooperative or
16public utility, that electric cooperative or public utility shall pay
a reasonable fee, not
17exceeding $500 per investigation, which reasonable fees assessed by the commission
18shall establish separately for each request in accordance with a standardized
19schedule of fees established by the commission by rule. The amounts received under
20this subsection shall be credited to the appropriation
made in account under s. 20.155
21(1) (L).
AB150-ASA,1596,2525
214.01
(1) (im) "Division" means the division of savings and loan.
AB150-ASA,1597,52
214.01
(1) (pm) "Investment" includes consumer, residential, agricultural and
3commercial loans, purchases of corporate debentures, securities, bonds and joint
4venture shares, and purchases of mutual fund shares subject to the rules of the
5commissioner division.
AB150-ASA,1597,117
214.01
(1) (r) "Net profit" means the remainder of all earnings from current
8operations plus actual recoveries on loans, investments and other assets after
9deducting all current expenses, including interest on deposit accounts, additions to
10reserves that are required by the
commissioner division, actual losses, accrued
11dividends on preferred stock and all state and federal taxes.
AB150-ASA,1597,14
13214.015 Administration. This chapter shall be administered by the
14commissioner division.
AB150-ASA,1597,19
16214.025 Insurance of accounts. A savings bank shall secure insurance of
17its deposit accounts by a deposit insurance corporation before commencing business
18and may, subject to rules of the
commissioner division, obtain insurance of deposits
19in excess of the amount eligible for insurance by a deposit insurance corporation.
AB150-ASA,1598,221
214.03
(1) Subject to the regulation of the
commissioner division and in
22addition to the powers granted by this chapter, a savings bank may, directly or
23through a subsidiary, undertake any activity, exercise any power or offer any
24financially related product or service in this state that any other provider of financial
1products or services may undertake, exercise or provide or that the
commissioner 2division finds to be financially related.
AB150-ASA,1598,114
214.03
(2) The activities, powers, products and services that may be
5undertaken, exercised or offered by a savings bank under sub. (1) are limited to those
6specified by rule of the
commissioner division. The
commissioner division may direct
7a savings bank to cease any activity, the exercise of any power or the offering of any
8product or service authorized by rule under this subsection. Among the factors that
9the
commissioner division may consider in so directing a savings bank are the
10savings bank's net worth, assets, management rating, liquidity ratio and ratio of net
11worth to assets.