Amendment ASA-AB150

AB150-ASA, s. 5202 Section 5202. 195.29 (5) of the statutes is amended to read:

AB150-ASA,1584,7 195.29 (5) Elimination of grade crossings, costs. Upon petition of the department, or of the common council or board of any city, village, town or county, alleging that one or more of them have undertaken or propose to undertake to relocate or improve an existing highway or to construct a new highway in such manner as to eliminate a highway grade crossing with any railroad or so as to permanently divert a material portion of the highway traffic from a highway grade crossing with any railroad, the office shall issue notice of investigation and hearing, as provided in s. 195.04. If upon such hearing the office finds that the public safety will be promoted by the highway relocation, improvement or new construction, the office shall order the old crossings closed and new crossings opened as are deemed necessary for public safety. The order shall require the railroad company or companies to pay to the interested municipality or municipalities such sum as the office finds to be an equitable portion of the cost of the highway relocation, improvement or new construction, if the work is performed by the municipalities; or to the state treasurer secretary of administration if the work is performed by the state; or to the proper county treasurer if the work is performed by the county. The sum shall be added to the joint fund available for the improvement and may be expended in like manner as the other portions of the fund.

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

AB150-ASA,1584,25 195.60 (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. 184.10 (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 one percent 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.

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

AB150-ASA,1585,16 195.60 (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, the office shall transmit to the state treasurer secretary of administration a certified copy of the bill, together with notice of neglect or refusal to pay the bill, and on the same day the office 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 secretary of administration. Within 10 days after the receipt of such notice and certified copy of such bill, the state treasurer secretary of administration 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 secretary of administration and that said goods and chattels anywhere within the state may be levied upon.

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

AB150-ASA,1586,3 195.60 (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 has been mailed to the objector, the office shall give notice of such delinquency to the state treasurer secretary of administration and to the objector, in the manner provided in sub. (3). The state treasurer secretary of administration 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 shall notify the state treasurer secretary of administration and the objector as in the case of delinquency in the payment of an original bill. The state treasurer secretary of administration shall then proceed to collect the amount of the bill as provided in the case of an original bill.

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

AB150-ASA,1586,16 195.60 (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 secretary of administration shall make a refund to the claimant as directed by the court, which shall be charged to the appropriations to the office.

AB150-ASA, s. 5235m Section 5235m. 196.03 (3) (b) of the statutes is repealed and recreated to read:

AB150-ASA,1586,21 196.03 (3) (b) Unless the governing body of a city, village or town adopts a resolution providing that the city, village or town will pay the retail charges for the production, storage, transmission, sale and delivery or furnishing of water for public fire protection purposes that are not included in general service charges:

AB150-ASA,1586,23 1. A public utility shall include the charges in the water utility bill of each customer of the public utility in the city, village or town.

AB150-ASA,1587,3 2. A municipal utility may, in addition to including the charges in water utility bills under subd. 1., bill the charges to any person who meets all of the following conditions:

AB150-ASA,1587,4 a. The person is not a customer of the municipal utility.

AB150-ASA,1587,7 b. The person owns land that is located in the city, village or town and in an area in which the municipal utility has an obligation to provide water for public fire protection.

AB150-ASA, s. 5235s Section 5235s. 196.04 (1) (b) 1. of the statutes is amended to read:

AB150-ASA,1587,14 196.04 (1) (b) 1. Any person who owns transmission equipment and property shall permit, for reasonable compensation, the use of the transmission equipment and property by any public utility or telecommunications provider if public convenience and necessity require such use and if the use will not result in irreparable injury to any owner or user of the transmission equipment and property or in any substantial detriment to the service to be rendered by the owner or user.

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

AB150-ASA,1587,20 196.175 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-ASA, s. 5237 Section 5237. 196.20 (5) (d) of the statutes is amended to read:

AB150-ASA,1588,12 196.20 (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-ASA, s. 5238 Section 5238. 196.20 (6) of the statutes is amended to read:

AB150-ASA,1588,24 196.20 (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-ASA, s. 5239 Section 5239. 196.209 (5) (a) of the statutes is amended to read:

AB150-ASA,1589,6 196.209 (5) (a) The At the commencement of each gubernatorial term of office, 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-ASA, s. 5239m Section 5239m. 196.218 (6) (a) of the statutes is amended to read:

AB150-ASA,1589,12 196.218 (6) (a) The At the commencement of each gubernatorial term of office, the commission shall appoint a universal service fund council under s. 15.04 (1) (c) consisting of representatives of telecommunications providers and consumers of telecommunications services, including this state. The majority of the members of the council shall be representatives of consumers of telecommunications services.

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

AB150-ASA,1589,17 196.34 (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-ASA, s. 5241 Section 5241. 196.36 (title) of the statutes is amended to read:

AB150-ASA,1589,19 196.36 (title) Transcripts as evidence; free to parties and tapes.

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

AB150-ASA,1590,5 196.36 (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-ASA, s. 5243 Section 5243. 196.36 (1m) of the statutes is created to read:

AB150-ASA,1590,16 196.36 (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-ASA, s. 5244 Section 5244. 196.36 (2) of the statutes is amended to read:

AB150-ASA,1590,23 196.36 (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-ASA, s. 5245 Section 5245. 196.491 (2) (g) of the statutes is amended to read:

AB150-ASA,1591,22 196.491 (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-ASA, s. 5245e Section 5245e. 196.85 (3) of the statutes is amended to read:

AB150-ASA,1592,13 196.85 (3) If any public utility, sewerage system or power district is billed under sub. (1) or (2) and fails to pay the bill within 30 days or fails to file objections to the bill with the commission, as provided in this subsection, the commission shall transmit to the state treasurer secretary of administration a certified copy of the bill, together with notice of failure to pay the bill, and on the same day the commission shall mail by registered mail to the public utility, sewerage system or power district a copy of the notice which it has transmitted to the state treasurer secretary of administration. Within 10 days after the receipt of notice and certified copy of the bill the state treasurer secretary of administration shall levy the amount stated on the bill to be due, with interest, by distress and sale of any property, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to the delinquent public utility, sewerage system or power district. The levy by distress and sale shall be governed by s. 74.10, 1985 stats., except that it shall be made by the state treasurer secretary of administration and that goods and chattels anywhere within the state may be levied upon.

AB150-ASA, s. 5245m Section 5245m. 196.85 (4) (d) of the statutes is amended to read:

AB150-ASA,1593,2 196.85 (4) (d) If any bill against which objections have been filed shall not be paid within ten days after notice of a finding that such objections have been overruled and disallowed by the commission has been mailed to the objector as herein provided, the commission shall give notice of such delinquency to the state treasurer secretary of administration and to the objector, in the manner provided in sub. (3). The state treasurer secretary of administration shall then proceed to collect the amount of said bill as provided in sub. (3). If an amended bill is not paid within ten days after a copy thereof is mailed to the objector by registered mail, the commission shall notify the state treasurer secretary of administration and the objector as in the case of delinquency in the payment of an original bill. The state treasurer secretary of administration shall then proceed to collect the amount of said bill as provided in the case of an original bill.

AB150-ASA, s. 5245s Section 5245s. 196.85 (5) of the statutes is amended to read:

AB150-ASA,1593,14 196.85 (5) No suit or proceeding may be maintained in any court to restrain or delay the collection or payment of any bill rendered under subs. (1) and (2). Every public utility, sewerage system or power district that is billed shall pay the amount of the bill, and after payment may in the manner provided under this section, at any time within 2 years from the date the payment was made, sue the state to recover the amount paid plus interest from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful or invalid in whole or in part. If the court finds that any part of the bill for which payment was made was excessive, erroneous, unlawful or invalid, the state treasurer secretary of administration shall make a refund to the claimant as directed by the court. The refund shall be charged to the appropriations to the commission.

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

AB150-ASA,1593,21 196.856 (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-ASA,1594,2 (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-ASA, s. 5247 Section 5247. 196.857 (title) of the statutes is amended to read:

AB150-ASA,1594,4 196.857 (title) Assessment for stray Stray voltage program.

AB150-ASA, 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-ASA,1594,17 196.857 (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-ASA,1594,21 (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).

AB150-ASA, s. 5249 Section 5249. 196.857 (1) (c) of the statutes is repealed.

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

AB150-ASA,1595,3 196.857 (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-ASA,1595,6 (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-ASA,1595,8 (c) The commission shall conduct classroom and on-farm stray voltage training sessions for public utilities, cooperatives, electricians or other interested parties.

AB150-ASA,1595,13 (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-ASA,1595,17 (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-ASA, s. 5251 Section 5251. 196.857 (2) of the statutes is amended to read:

AB150-ASA,1595,22 196.857 (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-ASA, s. 5252 Section 5252. 196.857 (2g) of the statutes is amended to read:

AB150-ASA,1596,4 196.857 (2g) (title) Farm services fees. The commission shall assess fees not to exceed $100 may charge reasonable fees not to exceed $300 per farm for the services provided to farmers under this section. The fees shall be in accordance with a standardized schedule of fees established by the commission by rule. The fees collected under this subsection shall be credited to the appropriation account under s. 20.115 (8) (j) in each fiscal year.

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

AB150-ASA,1596,10 196.857 (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 fee may not exceed the actual costs of the services. The fees collected under this subsection shall be credited to the appropriation account under s. 20.155 (1) (L) in each fiscal year.

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

AB150-ASA,1596,21 196.857 (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 reasonable fees assessed by the commission shall establish separately for each request in accordance with a standardized schedule of fees established by the commission by rule. The amounts received under this subsection shall be credited to the appropriation made in account under s. 20.155 (1) (L).

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

AB150-ASA, s. 5257g Section 5257g. 214.01 (1) (f) of the statutes is repealed.

AB150-ASA, s. 5257r Section 5257r. 214.01 (1) (im) of the statutes is created to read:

AB150-ASA,1596,25 214.01 (1) (im) "Division" means the division of savings and loan.

AB150-ASA, s. 5258 Section 5258. 214.01 (1) (pm) of the statutes is amended to read:

AB150-ASA,1597,5 214.01 (1) (pm) "Investment" includes consumer, residential, agricultural and commercial loans, purchases of corporate debentures, securities, bonds and joint venture shares, and purchases of mutual fund shares subject to the rules of the commissioner division.

AB150-ASA, s. 5259 Section 5259. 214.01 (1) (r) of the statutes is amended to read:

AB150-ASA,1597,11 214.01 (1) (r) "Net profit" means the remainder of all earnings from current operations plus actual recoveries on loans, investments and other assets after deducting all current expenses, including interest on deposit accounts, additions to reserves that are required by the commissioner division, actual losses, accrued dividends on preferred stock and all state and federal taxes.

AB150-ASA, s. 5260 Section 5260. 214.015 of the statutes is amended to read:

AB150-ASA,1597,14 214.015 Administration. This chapter shall be administered by the commissioner division.

AB150-ASA, s. 5261 Section 5261. 214.025 of the statutes is amended to read:

AB150-ASA,1597,19 214.025 Insurance of accounts. A savings bank shall secure insurance of its deposit accounts by a deposit insurance corporation before commencing business and may, subject to rules of the commissioner division, obtain insurance of deposits in excess of the amount eligible for insurance by a deposit insurance corporation.

AB150-ASA, s. 5262 Section 5262. 214.03 (1) of the statutes is amended to read:

AB150-ASA,1598,2 214.03 (1) Subject to the regulation of the commissioner division and in addition to the powers granted by this chapter, a savings bank may, directly or through a subsidiary, undertake any activity, exercise any power or offer any financially related product or service in this state that any other provider of financial products or services may undertake, exercise or provide or that the commissioner division finds to be financially related.

AB150-ASA, s. 5263 Section 5263. 214.03 (2) of the statutes is amended to read:

AB150-ASA,1598,11 214.03 (2) The activities, powers, products and services that may be undertaken, exercised or offered by a savings bank under sub. (1) are limited to those specified by rule of the commissioner division. The commissioner division may direct a savings bank to cease any activity, the exercise of any power or the offering of any product or service authorized by rule under this subsection. Among the factors that the commissioner division may consider in so directing a savings bank are the savings bank's net worth, assets, management rating, liquidity ratio and ratio of net worth to assets.

AB150-ASA, s. 5264 Section 5264. 214.035 (1) of the statutes is amended to read:

AB150-ASA,1598,16 214.035 (1) An institution organized under this chapter shall be known as a state savings bank and shall adopt a name that identifies it as such and that includes the term "savings". The commissioner division shall approve the name of a savings bank.

AB150-ASA, s. 5265 Section 5265. 214.035 (2) of the statutes is amended to read: