Amendment SSA1-SB614

SB614-SSA1, s. 104 Section 104. 196.44 (2) of the statutes is amended to read:

SB614-SSA1,34,23 196.44 (2) Attorney general and district attorney to prosecute. Upon request of the commission, the attorney general or the district attorney of the proper county shall aid in any investigation, hearing or trial had under this chapter, and shall institute and prosecute all necessary actions or proceedings for the enforcement of all laws relating to public utilities and regulated districts, and for the punishment of all violations.

SB614-SSA1, s. 105 Section 105. 196.44 (2) of the statutes, as affected by 1993 Wisconsin Act 496 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

SB614-SSA1,35,6 196.44 (2) Duties of attorney general and district attorneys. (a) Upon request of the commission, the attorney general or the district attorney of the proper county shall aid in any investigation, hearing or trial had under this chapter, and shall institute and prosecute all necessary actions or proceedings for the enforcement of all laws relating to public utilities and regulated districts, and for the punishment of all violations.

SB614-SSA1,35,12 (b) The attorney general may, on his or her own initiative, appear before the commission on telecommunications matters relating to consumer protection and antitrust. If acting under the authority granted by this paragraph, the attorney general shall have the rights accorded a party before the commission in its proceedings but may not appeal as a party a decision of the commission to the circuit court. This paragraph does not apply after June 30, 1999.

SB614-SSA1, s. 106 Section 106. 196.49 (2) of the statutes is amended to read:

SB614-SSA1,36,4 196.49 (2) No A public utility or regulated district may not begin the construction, installation or operation of any new plant, equipment, property or facility, nor the construction or installation of any extension, improvement or addition to its existing plant, equipment, property, apparatus or facilities unless the public utility or regulated district has complied with any applicable rule or order of the commission and with s. 144.026, if applicable. If a cooperative association has been incorporated under ch. 185 for the production, transmission, delivery or furnishing of light or power and has filed with the commission a map of the territory to be served by the association and a statement showing that a majority of the prospective consumers in the area are included in the project, no public utility may begin any such construction, installation or operation within the territory until after the expiration of 6 months from the date of filing the map and notice. If the cooperative association has entered into a loan agreement with any federal agency for the financing of its proposed system and has given written notice of the agreement to the commission, no public utility may begin any construction, installation or operation within the territory until 12 months after the date of the loan agreement.

SB614-SSA1, s. 107 Section 107. 196.49 (3) (a) of the statutes is amended to read:

SB614-SSA1,36,12 196.49 (3) (a) In this subsection, "project" means construction of any new plant, equipment, property or facility, or extension, improvement or addition to its existing plant, equipment, property, apparatus or facilities. The commission may require by rule or special order that a public utility or a regulated district submit, periodically or at such times as the commission specifies and in such detail as the commission requires, plans, specifications and estimated costs of any proposed project which the commission finds will materially affect the public interest.

SB614-SSA1, s. 108 Section 108. 196.49 (3) (b) (intro.) of the statutes is amended to read:

SB614-SSA1,36,18 196.49 (3) (b) (intro.) Except as provided in par. pars. (d) and (e), the commission may require by rule or special order under par. (a) that no project may proceed until the commission has certified that public convenience and necessity require the project. The commission may refuse to certify a project if it appears that the completion of the project will do any of the following:

SB614-SSA1, s. 109 Section 109. 196.49 (3) (b) 1. of the statutes is amended to read:

SB614-SSA1,36,21 196.49 (3) (b) 1. Substantially impair the efficiency of the service of the public utility or regulated district.

SB614-SSA1, s. 110 Section 110. 196.49 (3) (b) 3. of the statutes is amended to read:

SB614-SSA1,37,2 196.49 (3) (b) 3. When placed in operation, add to the cost of service without proportionately increasing the value or available quantity of service unless the public utility or regulated district waives consideration by the commission, in the fixation of rates, of such consequent increase of cost of service.

SB614-SSA1, s. 111 Section 111. 196.49 (3) (e) of the statutes is created to read:

SB614-SSA1,37,9 196.49 (3) (e) Before the first day of the 13th month beginning after the effective date of this paragraph .... [revisor inserts date], this subsection does not apply to a project with a total cost that is not more than $1,000,000. Beginning on the first day of the 13th month beginning after the effective date of this paragraph .... [revisor inserts date], this subsection does not apply to any project of a regulated district that does not exceed a dollar amount established by the commission by rule.

SB614-SSA1, s. 112 Section 112. 196.49 (6) of the statutes is amended to read:

SB614-SSA1,37,19 196.49 (6) If the commission finds that any public utility or regulated district has taken or is about to take an action which violates or disregards a rule or special order under this section, the commission, in its own name either before or after investigation or public hearing and either before or after issuing any additional orders or directions it deems proper, may bring an action in the circuit court of Dane county to enjoin the action. If necessary to preserve the existing state of affairs, the court may issue a temporary injunction pending a hearing upon the merits. An appeal from an order or judgment of the circuit court may be taken to the court of appeals.

SB614-SSA1, s. 113 Section 113. 196.525 (1) (intro.) of the statutes is amended to read:

SB614-SSA1,38,4 196.525 (1) (intro.) Except under rules prescribed by the commission, a public utility or regulated district may not lend funds or credit to any of its officers or directors by any of the following and a regulated district or a public utility other than a telecommunications utility may not lend funds or credit to any corporation, except a public utility or regulated district subject to the regulatory powers of the commission, if the corporation holds, directly or indirectly through any chain of ownership, 5% or more of the voting stock of the public utility or renders any managerial, supervising, engineering, legal, accounting or financial service to the public utility or regulated district by any of the following:

SB614-SSA1, s. 114 Section 114. 196.525 (2) of the statutes is amended to read:

SB614-SSA1,38,12 196.525 (2) Any contract made in violation of this section shall be void and subject to cancellation and recoupment by action at law. If a contract is made contrary to the provisions of this section, the commission, after notice and hearing, may order the public utility or regulated district to take steps within 30 days to recover the funds or assets thus illegally loaned or transferred by action at law or other proceedings which will effectively release the public utility or regulated district from the contract as surety, guarantor or endorser.

SB614-SSA1, s. 115 Section 115. 196.525 (3) of the statutes is amended to read:

SB614-SSA1,38,18 196.525 (3) Any director, treasurer or other officer or agent of a public utility who makes or votes to authorize a transaction in violation of this section may be fined not more than $10,000. Any commissioner, officer or agent of a regulated district who makes or votes to authorize a transaction in violation of this section may be fined not more than $10,000.

SB614-SSA1, s. 116 Section 116. 196.58 (1) (a) of the statutes is amended to read:

SB614-SSA1,39,2 196.58 (1) (a) Determine by contract, ordinance or resolution the quality and character of each kind of product or service to be furnished or rendered by any public utility or regulated district within the municipality and all other terms and conditions, consistent with this chapter and ch. 197, upon which the public utility or regulated district may be permitted to occupy the streets, highways or other public places within the municipality. The contract, ordinance or resolution shall be in force and on its face reasonable.

SB614-SSA1, s. 117 Section 117. 196.58 (1) (b) of the statutes is amended to read:

SB614-SSA1,39,9 196.58 (1) (b) Require of any public utility or regulated district any addition or extension to its physical plant within the municipality as shall be reasonable and necessary in the interest of the public, and designate the location and nature of the addition or extension, the time within which it must be completed, and any condition under which it must be constructed, subject to review by the commission under sub. (4).

SB614-SSA1, s. 118 Section 118. 196.58 (4) of the statutes is amended to read:

SB614-SSA1,39,14 196.58 (4) Upon complaint made by a public utility , a regulated district or by any qualified complainant under s. 196.26, the commission shall set a hearing and if it finds a contract, ordinance or resolution under sub. (1) to be unreasonable, the contract, ordinance or resolution shall be void.

SB614-SSA1, s. 119 Section 119. 196.58 (5) of the statutes is amended to read:

SB614-SSA1,39,20 196.58 (5) The commission shall have original and concurrent jurisdiction with municipalities to require extensions of service and to regulate service of public utilities and regulated districts. Nothing in this section shall limit the power of the commission to act on its own motion to require extensions of service and to regulate the service of public utilities and regulated districts.

SB614-SSA1, s. 120 Section 120. 196.595 (title) of the statutes is amended to read:

SB614-SSA1,39,22 196.595 (title) Utility advertising Advertising practices.

SB614-SSA1, s. 121 Section 121. 196.595 (1) (a) 1. of the statutes is amended to read:

SB614-SSA1,40,3 196.595 (1) (a) 1. Printed and published material and descriptive literature of a public utility or a regulated district used in newspapers, magazines, radio and TV scripts, billboards and similar displays.

SB614-SSA1, s. 122 Section 122. 196.595 (1) (a) 1m. of the statutes is amended to read:

SB614-SSA1,40,9 196.595 (1) (a) 1m. Any material which provides information favorable to a public utility or a regulated district on any issue about which the utility or district is attempting to influence legislative or administrative action by direct oral or written communication with any elective state official, agency official or legislative employe if the practice is regulated under subch. III of ch. 13.

SB614-SSA1, s. 123 Section 123. 196.595 (1) (a) 2. of the statutes is amended to read:

SB614-SSA1,40,15 196.595 (1) (a) 2. Descriptive literature and sales aids of all kinds issued by a public utility or a regulated district for presentation to utility or district consumers and other members of the public, including but not limited to any material enclosed with or added to a utility billing statement, circulars, leaflets, booklets, depictions, illustrations and form letters.

SB614-SSA1, s. 124 Section 124. 196.595 (1) (a) 4. of the statutes is amended to read:

SB614-SSA1,40,19 196.595 (1) (a) 4. Other materials and procedures enumerated by rule of the commission which promote or provide information to the public about a public utility or a regulated district.

SB614-SSA1, s. 125 Section 125. 196.595 (1) (b) of the statutes is amended to read:

SB614-SSA1,40,23 196.595 (1) (b) "Expenditure" means any cost of advertising directly incurred by a public utility or a regulated district and any cost of advertising incurred by contribution to parent or affiliated companies or to trade associations.

SB614-SSA1, s. 126 Section 126. 196.595 (2) (intro.) of the statutes is amended to read:

SB614-SSA1,41,2 196.595 (2) (intro.) A public utility and a regulated district may not charge its ratepayers for any expenditure for advertising unless the advertising:

SB614-SSA1, s. 127 Section 127. 196.60 (1) of the statutes is amended to read:

SB614-SSA1,41,13 196.60 (1) (a) Except as provided under sub. (2), no a public utility, and no regulated district, or an agent, as defined in s. 196.66 (3) (a), or officer of a public utility or regulated district, directly or indirectly, may not charge, demand, collect or receive from any person more or less compensation for any service rendered or to be rendered by it in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water, sewerage service, telecommunications service or power or for any service in connection therewith, than that prescribed in the published schedules or tariffs then in force, or established under this chapter, or than it charges, demands, collects or receives from any other person for a like contemporaneous service.

SB614-SSA1,41,17 (b) A public utility, regulated district or an agent that violates par. (a) shall be deemed guilty of unjust discrimination and shall forfeit not less than $100 nor more than $5,000 for each offense. An officer who violates par. (a) shall be fined not less than $50 nor more than $2,500 for each offense.

SB614-SSA1, s. 128 Section 128. 196.60 (3) of the statutes is amended to read:

SB614-SSA1,41,24 196.60 (3) If a public utility or regulated district gives an unreasonable preference or advantage to any person or subjects any person to any unreasonable prejudice or disadvantage, the public utility shall be deemed or regulated district is guilty of unjust discrimination. A public utility violating or a regulated district that violates this subsection shall forfeit not less than $50 nor more than $5,000 for each offense.

SB614-SSA1, s. 129 Section 129. 196.604 of the statutes is amended to read:

SB614-SSA1,42,9 196.604 Rebates, concessions and discriminations unlawful. No person may knowingly solicit, accept or receive any rebate, concession or discrimination from a public utility or regulated district for any service in or affecting or relating to the production, transmission, delivery or furnishing of heat, light, water, sewerage service or power or the conveying of telephone messages within this state or for any connected service whereby the service is rendered or is to be rendered free or at a rate less than the rate named in the schedules and tariffs in force, or whereby any other service or advantage is received. Any person violating this section shall be fined not less than $50 nor more than $5,000 for each offense.

SB614-SSA1, s. 130 Section 130. 196.61 of the statutes is amended to read:

SB614-SSA1,42,21 196.61 Facilities in exchange for compensation prohibited. A public utility or regulated district may not demand, charge, collect or receive from any person less compensation for any service rendered or to be rendered by the public utility or regulated district in return for the furnishing by that person of any part of the facilities incident to the service. This section may not be construed to prohibit any public utility from renting any facility relating to the production, transmission, delivery or furnishing of heat, light, water, telecommunications service or power and from paying a reasonable rental for the facility. This section may not be construed to require any public utility or regulated district to furnish any part of any appliance which is at the premises of any consumer, except meters and appliances for measurements of any product or service, unless the commission orders otherwise.

SB614-SSA1, s. 131 Section 131. 196.635 (intro.) of the statutes is amended to read:

SB614-SSA1,42,25 196.635 Unbilled utility service. (intro.) All service supplied by a public utility or regulated district must be billed within 2 years of such service. No customer shall be liable for unbilled service 2 years after the date of the service unless:

SB614-SSA1, s. 132 Section 132. 196.635 (1) of the statutes is amended to read:

SB614-SSA1,43,5 196.635 (1) The public utility or regulated district made a reasonable effort to measure the service, but the customer did not allow the public utility or regulated district access to any device, including but not limited to a meter, necessary to measure service.

SB614-SSA1, s. 133 Section 133. 196.64 (title) of the statutes is amended to read:

SB614-SSA1,43,8 196.64 (title) Public utilities and regulated districts, liability for treble damages.

SB614-SSA1, s. 134 Section 134. 196.64 (1) of the statutes is amended to read:

SB614-SSA1,43,19 196.64 (1) If a director, officer, employe or agent of a public utility or a commissioner, officer, employe or agent of a regulated district, in the course of the discharge of his or her duties, wilfully, wantonly or recklessly does, causes or permits to be done any matter, act or thing prohibited or declared to be unlawful under this chapter or ch. 197, or wilfully, wantonly or recklessly fails to do any act, matter or thing required to be done under this chapter, the public utility shall be or regulated district is liable to the person injured thereby in treble the amount of damages sustained in consequence of the violation. No A recovery as in under this section provided shall does not affect a recovery by the state of the penalty prescribed for such violation.

SB614-SSA1, s. 135 Section 135. 196.643 (1) of the statutes is amended to read:

SB614-SSA1,44,8 196.643 (1) Responsible party. When a customer terminates service to the customer's rental dwelling unit, a public utility or regulated district shall make reasonable attempt to identify the party responsible for service to the rental dwelling unit after the customer's termination. If a responsible party cannot be identified, the public utility or regulated district may give the owner written notice by regular or other mail of the public utility's intent to hold the owner responsible for service to the rental dwelling unit. The owner shall not be responsible for service if the public utility does not give the notice under this subsection or if, within 15 days after the date the notice is mailed, the owner notifies the public utility or regulated district of the name of the party responsible for service to the rental dwelling unit or notifies the public utility or regulated district that service to the rental dwelling unit should be terminated and affirms that service termination will not endanger human health or life or cause damage to property.

SB614-SSA1, s. 136 Section 136. 196.65 (1) (intro.) of the statutes is amended to read:

SB614-SSA1,44,14 196.65 (1) (intro.) An officer of a public utility or of a regulated district shall be fined not less than $100 nor more than $2,500, or an agent, as defined in s. 196.66 (3) (a), shall be fined not less than $100 nor more than $5,000 or an employe of a public utility or of a regulated district shall be fined not less than $100 nor more than $1,000 for each offense if the officer, agent or employe does any of the following:

SB614-SSA1, s. 137 Section 137. 196.65 (1) (e) of the statutes is amended to read:

SB614-SSA1,44,19 196.65 (1) (e) Upon proper demand, fails or refuses to exhibit to the commission or any commissioner or any person authorized to examine it any record of the public utility or regulated district which is in the possession or under the control of the officer, agent or employe.

SB614-SSA1, s. 138 Section 138. 196.65 (2) of the statutes is amended to read:

SB614-SSA1,44,25 196.65 (2) A penalty of not less than $500 nor more than $5,000 shall be recovered from the public utility or regulated district for each offense under sub. (1) if the officer, agent or employe of the public utility or of the regulated district acted in obedience to the direction, instruction or request of the public utility, the regulated district, or any general officer of the public utility or regulated district.

SB614-SSA1, s. 139 Section 139. 196.66 (1) of the statutes is amended to read:

SB614-SSA1,45,8 196.66 (1) General forfeiture; failure to obey. If any public utility or regulated district violates this chapter or ch. 197 or fails or refuses to perform any duty enjoined upon it for which a penalty has not been provided, or fails, neglects or refuses to obey any lawful requirement or order of the commission or the governing body of a municipality or a sanitary commission or any judgment or decree of any court upon its application, for every violation, failure or refusal the public utility or regulated district shall forfeit not less than $25 nor more than $5,000.

SB614-SSA1, s. 140 Section 140. 196.66 (2) of the statutes is amended to read:

SB614-SSA1,45,15 196.66 (2) Each day separate offense. Every day during which any public utility, regulated district or any officer, agent, as defined in sub. (3) (a), or employe of a public utility or regulated district fails to comply with any order or direction of the commission or to perform any duty enjoined by this chapter or ch. 197 shall constitute a separate and distinct violation under sub. (1). If the order is suspended, stayed or enjoined, this penalty shall not accrue.

SB614-SSA1, s. 141 Section 141. 196.66 (3) (a) of the statutes is amended to read:

SB614-SSA1,45,19 196.66 (3) (a) In this subsection, "agent" means an authorized person who acts on behalf of or at the direction of a public utility or a regulated district. "Agent" does not include a director, officer or employe of a public utility or a regulated district.

SB614-SSA1, s. 142 Section 142. 196.66 (3) (b) (intro.) of the statutes is amended to read:

SB614-SSA1,45,24 196.66 (3) (b) (intro.) A court imposing a forfeiture on a public utility, regulated district or an agent, director, officer or employe of a public utility or an agent, commissioner, officer or employe of a regulated district under this chapter shall consider all of the following in determining the amount of the forfeiture:

SB614-SSA1, s. 143 Section 143. 196.66 (3) (b) 1. of the statutes is amended to read:

SB614-SSA1,46,2 196.66 (3) (b) 1. The appropriateness of the forfeiture to the volume of business of the public utility or regulated district.

SB614-SSA1, s. 144 Section 144. 196.66 (3) (b) 3. of the statutes is amended to read:

SB614-SSA1,46,6 196.66 (3) (b) 3. Any good faith attempt to achieve compliance after the public utility, regulated district, agent, director, commissioner, officer or employe receives notice of the violation.

SB614-SSA1, s. 145 Section 145. 196.66 (4) (b) of the statutes is amended to read:

SB614-SSA1,46,11 196.66 (4) (b) If a public utility or a regulated district fails to comply with any rule, order or direction of the commission after actual receipt by the public utility or regulated district of written notice from the commission specifying the failure, the maximum forfeiture under sub. (1) shall be $15,000.

SB614-SSA1, s. 146 Section 146. 196.68 of the statutes is amended to read:

SB614-SSA1,46,21 196.68 Municipal officers, malfeasance. If any officer of a regulated district or of a municipality which owns or operates a public utility does, causes or permits to be done any matter, act or thing prohibited or declared to be unlawful under this chapter or ch. 197 or omits, fails, neglects or refuses to perform any duty which is enjoined upon him or her and which relates directly or indirectly to the enforcement of this chapter and ch. 197, or if the officer omits, fails, neglects or refuses to obey any lawful requirement or order of the commission or any judgment or decree of a court upon its application, for every such violation, failure or refusal the officer shall forfeit not less than $50 nor more than $2,500.

SB614-SSA1, s. 147 Section 147. 196.69 of the statutes is amended to read: