Amendment SSA1-SB147

LRBs0194/1

MDK:mfd:arm

1997 - 1998 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 1997 SENATE BILL 147

October 22, 1997 - Offered by Committee on Utility Regulation.

SB147-SSA1,1,8 An Act to renumber 100.20 (2) and 196.01 (3r); to amend 20.155 (1) (g), 100.208 (2) (a), 196.26 (1), 196.26 (1m), 196.26 (2) (a), 196.26 (2) (b), 196.28 (1), 196.28 (3), 196.85 (title), 196.85 (1), 196.85 (3), 196.85 (4) (a) and 196.85 (5); and to create 20.155 (1) (i), 100.20 (2) (b), 196.01 (3m), (3n), (3p), (3q), (3s) and (3t), 196.498 and 196.85 (2g) of the statutes; relating to: regulating water or sewer service provided to occupants of mobile home parks, providing an exemption form emergency rule procedures, granting rule-making authority, making an appropriation and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB147-SSA1, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB147-SSA1, s. 2 Section 2. 20.155 (1) (g) of the statutes is amended to read:

SB147-SSA1,2,8 20.155 (1) (g) Utility regulation. The amounts in the schedule for the regulation of utilities. Ninety percent of all moneys received by the commission under s. 184.10 (3), 196.85 or 196.855, except moneys received from mobile home park operators under s. 196.85, shall be credited to this appropriation. Ninety percent of all receipts from the sale of miscellaneous printed reports and other copied material, the cost of which was originally paid under this paragraph, shall be credited to this appropriation.

SB147-SSA1, s. 3 Section 3. 20.155 (1) (i) of the statutes is created to read:

SB147-SSA1,2,13 20.155 (1) (i) Mobile home park regulation. The amounts in the schedule for regulating the provision of water or sewer service by mobile home park operators and mobile home park contractors. All moneys received by the commission from mobile home park operators under s. 196.85 shall be credited to this appropriation.

SB147-SSA1, s. 4 Section 4. 100.20 (2) of the statutes is renumbered 100.20 (2) (a).

SB147-SSA1, s. 5 Section 5. 100.20 (2) (b) of the statutes is created to read:

SB147-SSA1,2,20 100.20 (2) (b) Notwithstanding par. (a), the department may not issue any order or promulgate any rule that regulates the provision of water or sewer service by a mobile home park operator, as defined in s. 196.01 (3t), or mobile home park contractor, as defined in s. 196.01 (3q), or enforce any rule to the extent that the rule regulates the provision of such water or sewer service.

SB147-SSA1, s. 6 Section 6. 100.208 (2) (a) of the statutes is amended to read:

SB147-SSA1,3,4 100.208 (2) (a) A telecommunications provider has been found by a court to have violated any provision of this chapter or of a rule promulgated under s. 100.20 (2) (a).

SB147-SSA1, s. 7 Section 7. 196.01 (3m), (3n), (3p), (3q), (3s) and (3t) of the statutes are created to read:

SB147-SSA1,3,7 196.01 (3m) "Manufactured home" has the meaning given in s. 101.91 (2).

SB147-SSA1,3,8 (3n) "Mobile home" has the meaning given in s. 101.91 (1).

SB147-SSA1,3,11 (3p) "Mobile home park" means any tract of land containing 2 or more individual plots of land that are rented or offered for rent for the accommodation of a mobile home or manufactured home.

SB147-SSA1,3,15 (3q) "Mobile home park contractor" means a person, other than a public utility, who, under a contract with a mobile home park operator, provides water or sewer service to a mobile home park occupant or performs a service related to providing water or sewer service to a mobile home park occupant.

SB147-SSA1,3,17 (3s) "Mobile home park occupant" means a person who rents or owns a mobile home or manufactured home in a mobile home park.

SB147-SSA1,3,19 (3t) "Mobile home park operator" means a person engaged in the business of owning or managing a mobile home park.

SB147-SSA1, s. 8 Section 8. 196.01 (3r) of the statutes is renumbered 196.01 (3g).

SB147-SSA1, s. 9 Section 9. 196.26 (1) of the statutes is amended to read:

SB147-SSA1,4,2 196.26 (1) Complaint. In this section "complaint" means a complaint filed with the commission that any rate, toll, charge or schedule, joint rate, regulation, measurement, act or practice relating to the provision of heat, light, water, power or telecommunications service, or to the provision of water or sewer service by a mobile home park operator or mobile home park contractor, is unreasonable, inadequate, unjustly discriminatory or cannot be obtained.

SB147-SSA1, s. 10 Section 10. 196.26 (1m) of the statutes is amended to read:

SB147-SSA1,4,14 196.26 (1m) Complaint and investigation. If any mercantile, agricultural or manufacturing society, body politic, municipal organization or 25 persons file a complaint against a public utility, the commission, with or without notice, may investigate the complaint as it deems necessary. If the mobile home park occupants of 25% of the total number of manufactured homes or mobile homes in a mobile home park or the mobile home park occupants of 25 manufactured homes or mobile homes in a mobile home park, whichever is less, files a complaint against a mobile home park contractor or mobile home park operator, the commission, with or without notice, may investigate the complaint as it deems necessary. The commission may not issue an order based on the an investigation under this subsection without a public hearing.

SB147-SSA1, s. 11 Section 11. 196.26 (2) (a) of the statutes is amended to read:

SB147-SSA1,4,20 196.26 (2) (a) Prior to a hearing under this section, the commission shall notify the public utility, mobile home park contractor or mobile home park operator complained of that a complaint has been made, and 10 days after the notice has been given the commission may proceed to set a time and place for a hearing and an investigation.

SB147-SSA1, s. 12 Section 12. 196.26 (2) (b) of the statutes is amended to read:

SB147-SSA1,5,4 196.26 (2) (b) The commission shall give the public utility, mobile home park contractor or mobile home park operator which is the subject of a complaint filed under sub. (1) (1m) and the complainant 10 days' notice of the time and place of the hearing and the matter to be considered and determined at the hearing. The complainant and the public utility, mobile home park contractor or mobile home park operator may be heard. The commission may subpoena any witness at the request of the public utility, mobile home park contractor, mobile home park operator or complainant.

SB147-SSA1, s. 13 Section 13. 196.28 (1) of the statutes is amended to read:

SB147-SSA1,5,11 196.28 (1) If the commission believes that any rate or charge is unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any public utility or to any provision of water or sewer service by a mobile home park operator or mobile home park contractor should for any reason be made, the commission on its own motion summarily may investigate with or without notice.

SB147-SSA1, s. 14 Section 14. 196.28 (3) of the statutes is amended to read:

SB147-SSA1,5,20 196.28 (3) Notice of the time and place for a hearing under sub. (2) shall be given to the public utility, mobile home park contractor or mobile home park operator, and to such other interested persons as the commission deems necessary. After the notice has been given, proceedings shall be had and conducted in reference to the matter investigated as if a complaint had been filed with the commission under s. 196.26 (1) (1m) relative to the matter investigated. The same order or orders may be made in reference to the matter as if the investigation had been made on complaint under s. 196.26.

SB147-SSA1, s. 15 Section 15. 196.498 of the statutes is created to read:

SB147-SSA1,6,6 196.498 Regulation of water and sewer service to mobile home parks. (2) Rules. The commission shall promulgate rules that establish standards for providing water or sewer service by a mobile home park operator or mobile home park contractor to a mobile home park occupant, including requirements for metering, billing, deposits, deferred payment arrangements, installation of service, refusing or discontinuing service and resolving disputes with respect to service. Rules promulgated under this subsection shall ensure that any charge for water or sewer service is reasonable and not unjustly discriminatory, that the water or sewer service is reasonably adequate and that any practice relating to providing the service is just and reasonable.

SB147-SSA1,6,10 (3) Permanent improvements. A mobile home park operator may make a reasonable recovery of capital costs for permanent improvements related to the provision of water or sewer service to mobile home park occupants through ongoing rates for water or sewer service.

SB147-SSA1,6,15 (4) Enforcement. (a) Notwithstanding s. 196.44, on its own motion or upon a complaint filed by a mobile home park occupant, the commission may issue an order or commence a civil action against a mobile home park operator or mobile home park contractor to enforce this section, any rule promulgated under sub. (2) or any order issued under this paragraph.

SB147-SSA1,6,17 (b) The department of justice, after consulting with the commission, or any district attorney may commence an action in circuit court to enforce this section.

SB147-SSA1,6,21 (5) Private cause of action. Any person suffering pecuniary loss because of a violation of any rule promulgated under sub. (2) or order issued under sub. (4) (a) may sue for damages and shall recover twice the amount of any pecuniary loss, together with costs, and, notwithstanding s. 814.04 (1), reasonable attorney fees.

SB147-SSA1,6,24 (6) Penalties. (a) Any person who violates any rule promulgated under sub. (2) or any order issued under sub. (4) (a) shall forfeit not less than $25 nor more than $5,000. Each violation and each day of violation constitutes a separate offense.

SB147-SSA1,7,4 (b) Any person who intentionally violates any rule promulgated under sub. (2) or order issued under sub. (4) (a) shall be fined not less than $25 nor more than $5,000 or imprisoned not more than one year in the county jail or both. Each violation and each day of violation constitutes a separate offense.

SB147-SSA1, s. 16 Section 16. 196.85 (title) of the statutes is amended to read:

SB147-SSA1,7,6 196.85 (title) Payment of commission's expenditures by utilities.

SB147-SSA1, s. 17 Section 17. 196.85 (1) of the statutes is amended to read:

SB147-SSA1,8,10 196.85 (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 , mobile home park operator or sewerage system or to render any engineering or accounting services to any public utility, power district, mobile home park operator or sewerage system, the public utility, power district, mobile home park operator 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, mobile home park operator 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, mobile home park operator 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), except that 100% of all payments received from mobile home park operators shall be credited to the appropriation account under s. 20.155 (1) (i). 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. 184.10 (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, except with respect to mobile home park operators, 90% of the costs determined shall be costs of the commission and 10% of the costs determined shall be costs of state government operations.

SB147-SSA1, s. 18 Section 18. 196.85 (2g) of the statutes is created to read:

SB147-SSA1,9,2 196.85 (2g) The commission shall annually, within 90 days after the commencement of each fiscal year, assess against mobile home park operators the total amount appropriated under s. 20.155 (1) (i), less the total amount paid by mobile home park operators under sub. (1) during the prior fiscal year. The commission shall assess each mobile home park operator an amount in proportion to the total number of mobile homes and manufactured homes in all mobile home parks owned or managed by the mobile home park operator on July 1 of the current fiscal year as a fraction of the total number of mobile homes and manufactured homes in all mobile home parks in this state on July 1 of the current fiscal year. If necessary, the commission shall adjust the amount assessed to correct any incorrect assessment that was made in a prior fiscal year. A mobile home park operator shall pay the assessment within 30 days after the commission mails the bill to the mobile home park operator. The bill constitutes notice of the assessment and demand for payment. Payments shall be credited to the the appropriation account under s. 20.155 (1) (i).