Amendment ASA1-SB55

SB55-ASA1,997,3 3. No electric generating equipment and associated facilities, or electric generating equipment, held or used by the public utility for the provision of electric service is transferred to the affiliated interest.

SB55-ASA1,997,5 4. The estimated gross cost of the construction or improvement that is subject to the leased generation contract is at least $10,000,000.

SB55-ASA1,997,9 5. Any real property that the public utility transfers to the affiliated interest for the purpose of implementing the leased generation contract is transferred at book value which is determined on the basis of the regulated books of account at the time of the transfer.

SB55-ASA1,997,15 6. If the public utility transfers real property to the affiliated interest for the purpose of implementing the leased generation contract, the leased generation contract provides for transferring the real property back to the public utility, on the same terms and conditions as the original transfer, if the commission determines that the construction or improvement that is subject to the leased generation contract has not been completed.

SB55-ASA1,997,17 7. The leased generation contract provides that, upon termination of the contract, all of the following apply:

SB55-ASA1,997,22 a. The public utility shall have the option, subject to commission approval, to extend the contract, or purchase the electric generating equipment and associated facilities that are constructed or improved, at fair market value as determined by a valuation process that is conducted by an independent third party and that is specified in the contract.

SB55-ASA1,998,2 b. If the public utility exercises the option specified in subd. 7. a., the affiliated interest may require the public utility to extend the contract, rather than purchase the equipment and facilities, if the affiliated interest demonstrates to the commission that the extension avoids material adverse tax consequences.

SB55-ASA1,998,5 8. For any gas-fired electric generating equipment and associated facilities that are constructed under the leased generation contract, the term of the lease is 20 years or more.

SB55-ASA1,998,8 9. For any coal-fired electric generating equipment and associated facilities that are constructed under the leased generation contract, the term of the lease is 25 years or more.

SB55-ASA1,998,16 10. The leased generation contract does not take effect until the date on which the affiliated interest commences construction or improvement of the electric generating equipment and associated facilities, except that, if the leased generation contract relates to the construction or improvement of more than one electric generating facility, the leased generation contract does not take effect with respect to the construction or improvement of an individual electric generating facility until the date on which the affiliated interest commences construction or improvement on that electric generating facility.

SB55-ASA1,998,21 (c) Except as provided in par. (d), the commission may not increase or decrease the retail revenue requirements of a public utility on the basis of any income, expense, gain, or loss that is received or incurred by an affiliated interest of the public utility and that arises from the ownership of electric generating equipment and associated facilities by an affiliated interest under a leased generation contract.

SB55-ASA1,999,4 (d) The commission shall allow a public utility that has entered into a leased generation contract that has been approved by the commission under sub. (3) to recover fully in its retail rates that portion of any payments under the leased generation contract that is allocated to the public utility's retail electric service, and that portion of all other costs that is prudently incurred in the public utility's operation and maintenance of the electric generating equipment and associated facilities constructed or improved under the leased generation contract and that is allocated to the public utility's retail electric service.

SB55-ASA1,999,8 (e) Notwithstanding sub. (5) (a), the commission may not modify a leased generation contract approved under sub. (3) except as specified in the leased generation contract or the commission's order approving the leased generation contract.

SB55-ASA1,999,11 (f) The commission shall maintain jurisdiction to ensure that the construction or improvement under a leased generation contract approved under sub. (3) is completed as provided in the leased generation contract.

SB55-ASA1,999,17 (g) Nothing in this subsection prohibits a cooperative association organized under ch. 185, a municipal utility, as defined in s. 196.377 (2) (a) 3., or a municipal electric company, as defined in s. 66.0825 (3) (d), from acquiring an interest in electric generating equipment and associated facilities that are constructed pursuant to a leased generation contract or from acquiring an interest in land on which such electric generating equipment and associated facilities are located.

SB55-ASA1, s. 3011d Section 3011d. 196.66 (3) (b) 1. and 3. of the statutes are amended to read:

SB55-ASA1,999,20 196.66 (3) (b) 1. The appropriateness of the forfeiture to the volume of business of the public utility or telecommunications provider.

SB55-ASA1,999,23 3. Any good faith attempt to achieve compliance after the public utility, telecommunications provider, agent, director, officer , or employee receives notice of the violation.

SB55-ASA1, s. 3011g Section 3011g. 196.795 (5) (k) 1. of the statutes is amended to read:

SB55-ASA1,1000,5 196.795 (5) (k) 1. Except as provided under subd. 2. or 3., no public utility affiliate may transfer, sell, or lease to any nonutility affiliate with which it is in a holding company system any real property which, on or after November 28, 1985, is held or used for provision of utility service except by public sale or offering to the highest qualified bidder.

SB55-ASA1, s. 3011j Section 3011j. 196.795 (5) (k) 3. of the statutes is created to read:

SB55-ASA1,1000,12 196.795 (5) (k) 3. A public utility affiliate may transfer, at book value determined on the basis of the regulated books of account at the time of the transfer, real property, other than electric generating equipment and associated facilities, or electric generating equipment, that is held or used for the provision of utility service, to a nonutility affiliate for the purpose of implementing a leased generation contract, as defined in s. 196.52 (9) (a), that is approved under s. 196.52 (3).

SB55-ASA1, s. 1507 Section 1507. 196.85 (1) of the statutes is renumbered 196.85 (1) (a) and amended to read:

SB55-ASA1,1001,4 196.85 (1) (a) If the commission in a proceeding upon its own motion, on complaint, or upon an application to it deems it necessary in order to carry out the duties imposed upon it by law to investigate the books, accounts, practices, and activities of, or make appraisals of the property of any public utility, power district, or sewerage system or to render any engineering or accounting services to any public utility, power district, or sewerage system, the public utility, power district, or sewerage system shall pay the expenses attributable to the investigation, including the cost of litigation, appraisal, or service. The commission shall mail a bill for the expenses to the public utility, power district, or sewerage system either at the conclusion of the investigation, appraisal, or services, or during its progress. The bill constitutes notice of the assessment and demand of payment. The public utility, power district, or sewerage system shall, within 30 days after the mailing of the bill, pay to the commission the amount of the special expense for which it is billed. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (1) (g). The

SB55-ASA1,1001,10 (b) Except as provided in sub. (1m) (a), the total amount in any one calendar year for which any public utility, power district, or sewerage system is liable under this subsection, by reason of costs incurred by the commission within the calendar year, including charges under s. 201.10 (3), may not exceed four-fifths of one percent of its gross operating revenues derived from intrastate operations in the last preceding calendar year.

SB55-ASA1,1001,12 (c) Nothing in this subsection shall prevent the commission from rendering bills in one calendar year for costs incurred within a previous year.

SB55-ASA1,1001,16 (d) For the purpose of calculating the costs of investigations, appraisals, and other services under this subsection, 90% of the costs determined shall be costs of the commission and 10% of the costs determined shall be costs of state government operations.

SB55-ASA1, s. 1508 Section 1508. 196.85 (1m) (a) of the statutes is amended to read:

SB55-ASA1,1001,22 196.85 (1m) (a) For the purpose of direct assessment under sub. (1) of expenses incurred by the commission in connection with its activities under s. 196.491, the term "public utility" includes electric utilities, as defined in s. 196.491 (1) (d). Subsection (1) (b) does not apply to assessments for the commission's activities under s. 196.491 related to the construction of wholesale merchant plants.

SB55-ASA1, s. 3014b Section 3014b. 196.85 (2g) of the statutes is repealed.

SB55-ASA1, s. 1509 Section 1509. 196.85 (3) of the statutes is amended to read:

SB55-ASA1,1002,16 196.85 (3) If any public utility, sewerage system, joint local water authority, mobile home park operator or power district is billed under sub. (1), (2), or (2e) or (2g) 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 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, joint local water authority, mobile home park operator or power district a copy of the notice which that it has transmitted to the state treasurer. Within 10 days after receipt of the notice and certified copy of the bill, the state treasurer 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, joint local water authority, mobile home park operator 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 and that goods and chattels anywhere within the state may be levied upon.

SB55-ASA1, s. 1510 Section 1510. 196.85 (4) (a) of the statutes is amended to read:

SB55-ASA1,1003,3 196.85 (4) (a) Within 30 days after the date of the mailing of any bill under sub. (1), (2), or (2e) or (2g), the public utility, sewerage system, joint local water authority, mobile home park operator or power district that has been billed may file with the commission objections setting out in detail the grounds upon which the objector regards the bill to be excessive, erroneous, unlawful, or invalid. The commission, after notice to the objector, shall hold a hearing upon the objections, from 5 to 10 days after providing the notice. If after the hearing the commission finds any part of the bill to be excessive, erroneous, unlawful, or invalid , it shall record its findings upon its minutes and transmit to the objector by registered mail an amended bill, in accordance with the findings. The amended bill shall have the same force and effect under this section as an original bill rendered under sub. (1), (2), or (2e) or (2g).

SB55-ASA1, s. 1511 Section 1511. 196.85 (5) of the statutes is amended to read:

SB55-ASA1,1003,15 196.85 (5) No suit or proceeding may be maintained in any court to restrain or delay the collection or payment of any bill rendered under sub. (1), (2), or (2e) or (2g). Every public utility, sewerage system, joint local water authority, mobile home park operator 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 shall make a refund to the claimant as directed by the court. The refund shall be charged to the appropriations to the commission.

SB55-ASA1, s. 3017m Section 3017m. 196.856 of the statutes is repealed.

SB55-ASA1, s. 1512 Section 1512. 196.858 (1) of the statutes is amended to read:

SB55-ASA1,1003,20 196.858 (1) The commission shall annually assess against local exchange and interexchange telecommunications utilities the total, not to exceed $5,000,000, of the amounts appropriated under s. 20.505 (4) (is) 20.530 (1) (ir).

SB55-ASA1, s. 1513 Section 1513. 196.858 (2) of the statutes is amended to read:

SB55-ASA1,1004,6 196.858 (2) The commission shall assess a sum equal to the annual total amount under sub. (1) to local exchange and interexchange telecommunications utilities in proportion to their gross operating revenues during the last calendar year. If total expenditures for telephone relay service exceeded the payment made under this section in the prior year, the commission shall charge the remainder to assessed telecommunications utilities in proportion to their gross operating revenues during the last calendar year. A telecommunications utility shall pay the assessment within 30 days after the bill has been mailed to the assessed telecommunication utility. The bill constitutes notice of the assessment and demand of payment. Payments shall be credited to the appropriation account under s. 20.505 (4) (is) 20.530 (1) (ir).

SB55-ASA1, s. 1514 Section 1514. 221.0320 (3) (a) of the statutes is amended to read:

SB55-ASA1,1004,9 221.0320 (3) (a) In this subsection, "local governmental unit" has the meaning given in s. 16.97 22.01 (7).

SB55-ASA1, s. 1515 Section 1515. 224.71 (3) (b) 7. of the statutes is created to read:

SB55-ASA1,1004,12 224.71 (3) (b) 7. The department of veterans affairs when administering the veteran's housing loan program under subch. II of ch. 45.

SB55-ASA1, s. 3037m Section 3037m. 229.685 (1) of the statutes is renumbered 229.685 (1) (intro.) and amended to read:

SB55-ASA1,1004,16 229.685 (1) (intro.) The district board shall maintain a special fund into which it deposits only the following revenue received from the department of revenue,:

SB55-ASA1,1004,19 (a) The revenue that is derived from the taxes imposed under subch. V of ch. 77, and may use this. The revenue described in this paragraph may be used only for purposes related to baseball park facilities.

SB55-ASA1, s. 3037n Section 3037n. 229.685 (1) (b) of the statutes is created to read:

SB55-ASA1,1004,24 229.685 (1) (b) The revenue that is derived from baseball donations, as defined in s. 71.10 (5f) (a) 1. The revenue described in this paragraph may be used only for the purpose of retiring bonds issued for the initial construction of baseball park facilities.

SB55-ASA1, s. 1516 Section 1516. 230.03 (3) of the statutes is amended to read:

SB55-ASA1,1005,9 230.03 (3) "Agency" means any board, commission, committee, council, or department in state government or a unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit, or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department, or unit thereof or an authority created under ch. chs. 231, 232, 233, 234 or, 235, or 237. "Agency" does not mean any local unit of government or body within one or more local units of government that is created by law or by action of one or more local units of government.

SB55-ASA1, s. 1517 Section 1517. 230.08 (2) (e) 1. of the statutes is amended to read:

SB55-ASA1,1005,11 230.08 (2) (e) 1. Administration — 12 10.

SB55-ASA1, s. 1518 Section 1518. 230.08 (2) (e) 3m. of the statutes is amended to read:

SB55-ASA1,1005,18 230.08 (2) (e) 3m. Educational communications board — 4. If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation as defined in s. 39.81 (2), this subdivision does not apply on and after the effective date of the last license transferred as determined by the secretary of administration under s. 39.87 (2) (a).

SB55-ASA1, s. 1519 Section 1519. 230.08 (2) (e) 3r. of the statutes is created to read:

SB55-ASA1,1005,20 230.08 (2) (e) 3r. Electronic government — 3.

SB55-ASA1, s. 1520 Section 1520. 230.08 (2) (km) of the statutes is created to read:

SB55-ASA1,1005,25 230.08 (2) (km) Persons employed by the department of administration who were transferred to the department of administration under s. 39.86 (4) and who immediately before their transfer occupied a position described under par. (e) 3m., (L) 2. or (we).

SB55-ASA1, s. 1521 Section 1521. 230.08 (2) (L) 2. of the statutes is amended to read:

SB55-ASA1,1006,8 230.08 (2) (L) 2. Educational communications board, created under s. 15.57 (1). If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation, as defined in s. 39.81 (2), this subdivision does not apply on and after the effective date of the last license transferred as determined by the secretary of administration under s. 39.87 (2) (a).

SB55-ASA1, s. 1522 Section 1522. 230.08 (2) (we) of the statutes is amended to read:

SB55-ASA1,1006,16 230.08 (2) (we) Professional staff members of the educational communications board authorized under s. 39.13 (2). If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation, as defined in s. 39.81 (2), this paragraph does not apply on and after the effective date of the last license transferred as determined by the secretary of administration under s. 39.87 (2) (a).

SB55-ASA1, s. 1523 Section 1523. 230.08 (2) (xm) of the statutes is created to read:

SB55-ASA1,1006,19 230.08 (2) (xm) The commandant of the Southern Wisconsin Veterans Retirement Center in the department of veterans affairs.

SB55-ASA1, s. 1524 Section 1524. 230.08 (4) (a) of the statutes is amended to read:

SB55-ASA1,1007,5 230.08 (4) (a) The number of administrator positions specified in sub. (2) (e) includes all administrator positions specifically authorized by law to be employed outside the classified service in each department, board or commission and the historical society. In Except as provided in par. (am), in this paragraph, "department" has the meaning given under s. 15.01 (5), "board" means the educational communications board, investment board, public defender board and technical college system board and "commission" means the public service commission. Notwithstanding sub. (2) (z), no division administrator position exceeding the number authorized in sub. (2) (e) may be created in the unclassified service.

SB55-ASA1, s. 1525 Section 1525. 230.08 (4) (am) of the statutes is created to read:

SB55-ASA1,1007,13 230.08 (4) (am) If the secretary of administration determines that the federal communications commission has approved the transfer of all broadcasting licenses held by the educational communications board to the broadcasting corporation, as defined in s. 39.81 (2), on and after the effective date of the last license transferred as determined by the secretary of administration under s. 39.87 (2) (a), "board" in par. (a) means the investment board, public defender board, and technical college system board.

SB55-ASA1, s. 3061m Section 3061m. 230.12 (3) (e) of the statutes is amended to read:

SB55-ASA1,1008,14 230.12 (3) (e) University of Wisconsin system senior executives, faculty and academic staff employees. The secretary, after receiving recommendations from the board of regents, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining unit under subch. V of ch. 111 for which a representative is certified. The proposal shall include the salary ranges and adjustments to the salary ranges for the university senior executive salary groups 1 and 2 established under s. 20.923 (4g). The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employee benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents.

SB55-ASA1, s. 1526 Section 1526. 230.35 (1m) (a) 5. of the statutes is created to read:

SB55-ASA1,1008,18 230.35 (1m) (a) 5. A position held by an employee of the state fair park board who was employed on October 29, 1999, in a career executive position under the program established under s. 230.24.

SB55-ASA1, s. 1527 Section 1527. 230.35 (3) (a) of the statutes is amended to read:

SB55-ASA1,1009,16 230.35 (3) (a) Officials and employees of the state who have permanent status and who are members of the national guard, the naval militia, the state defense force, or any other reserve component of the military forces of the United States or this state now or hereafter organized or constituted under federal or state law, are entitled to leaves of absence without loss of time in the service of the state, to enable them to attend military schools and annual field training or annual active duty for training, and any other state or federal tours of active duty, except extended active duty or service as a member of the active armed forces of the United States which have been duly ordered but not exceeding 30 days, excluding Saturdays, Sundays and holidays enumerated in sub. (4) in the calendar year in which so ordered and held. During this leave of absence, each state official or employee shall receive base state pay less the base military pay received for and identified with such attendance but such reduction shall not be more than the base state pay. Such Other than for a leave of absence for the adjutant general and any deputy adjutants general, such leave shall not be granted for absences of less than 3 days. A state official or employee serving on state active duty as a member of the national guard, naval militia, or state defense force, may elect to receive pay from the state under s. 20.465 (1) in an amount equal to base state salary for such period of state active duty. Leave granted by this section is in addition to all other leaves granted or authorized by any other law. For the purpose of determining seniority, pay or pay advancement and performance awards the status of the employee shall be considered uninterrupted by such attendance.

SB55-ASA1, s. 1528 Section 1528. 230.36 (1m) (b) 2. (intro.) of the statutes is amended to read:

SB55-ASA1,1009,23 230.36 (1m) (b) 2. (intro.) A conservation warden, conservation patrol boat captain, conservation patrol boat engineer, member of the state patrol, state motor vehicle inspector, University of Wisconsin System police officer, security officer, or security person, state fair park other state facilities police officer, special tax agent, excise tax investigator employed by the department of revenue, and special criminal investigation agent employed by the department of justice at all times while:

SB55-ASA1, s. 1529 Section 1529. 230.36 (2m) (a) 13. of the statutes is repealed.

SB55-ASA1, s. 1530 Section 1530. 231.01 (9) of the statutes is amended to read:

SB55-ASA1,1010,4 231.01 (9) "Revenues" means, with respect to any project, the rents, fees, charges, and other income or profit derived therefrom and, with respect to any bonds issued under s. 231.03 (6) (g), tobacco settlement revenues identified in the bond resolution.

SB55-ASA1, s. 1531 Section 1531. 231.01 (11) of the statutes is created to read:

SB55-ASA1,1010,7 231.01 (11) "Tobacco settlement agreement" has the meaning given in s. 16.63 (1) (b).

SB55-ASA1, s. 1532 Section 1532. 231.01 (12) of the statutes is created to read:

SB55-ASA1,1010,10 231.01 (12) "Tobacco settlement revenues" has the meaning given in s. 16.63 (1) (c).

SB55-ASA1, s. 1533 Section 1533. 231.03 (6) (g) of the statutes is created to read:

SB55-ASA1,1010,16 231.03 (6) (g) Finance a purchase, or make a loan, under sub. (20). Bonds issued under this paragraph shall be payable from, or secured by interests in, tobacco settlement revenues and such other property pledged under the bond resolution and, notwithstanding s. 231.08 (3), are not required to mature in 30 years or less from the date of issue.

SB55-ASA1, s. 1534 Section 1534. 231.03 (20) of the statutes is created to read:

SB55-ASA1,1011,2 231.03 (20) Purchase the state's right to receive any of the payments under the tobacco settlement agreement, or make a loan to be secured by the state's right to receive any of the payments under the tobacco settlement agreement, upon such terms and at such prices as the authority considers reasonable and as can be agreed upon between the authority and the other party to the transaction. The authority may issue certificates or other evidences of ownership interest in tobacco settlement revenues upon such terms and conditions as specified by the authority in the resolution under which the certificates or other evidences are issued or in a related trust agreement or trust indenture.