SB55-SSA1,995,1510
101.937
(3) Enforcement. (a)
Notwithstanding s. 196.44, on On its own motion
11or upon a complaint filed by a
mobile manufactured home park occupant, the
12commission department may issue an order or commence a civil action against a
13mobile manufactured home park operator or
mobile manufactured home park
14contractor to enforce this section, any rule promulgated under sub.
(2) (1), or any
15order issued under this paragraph.
SB55-SSA1,995,1816
(b) The department of justice, after consulting with the
commission 17department, or any district attorney may commence an action in circuit court to
18enforce this section.
SB55-SSA1, s. 3006
19Section
3006. 196.498 (5) of the statutes is renumbered 101.937 (4) and
20amended to read:
SB55-SSA1,995,2521
101.937
(4) Private cause of action. Any person suffering pecuniary loss
22because of a violation of any rule promulgated under sub.
(2) (1) or order issued under
23sub.
(4) (3) (a) may sue for damages and shall recover twice the amount of any
24pecuniary loss, together with costs, and, notwithstanding s. 814.04 (1), reasonable
25attorney fees.
SB55-SSA1, s. 3007
1Section
3007. 196.498 (6) of the statutes is renumbered 101.937 (5) and
2amended to read:
SB55-SSA1,996,63
101.937
(5) Penalties. (a) Any person who violates any rule promulgated
4under sub.
(2) (1) or any order issued under sub.
(4) (3) (a) shall forfeit not less than
5$25 nor more than $5,000. Each violation and each day of violation constitutes a
6separate offense.
SB55-SSA1,996,107
(b) Any person who intentionally violates any rule promulgated under sub.
(2) 8(1) or order issued under sub.
(4)
(3) (a) shall be fined not less than $25 nor more than
9$5,000 or imprisoned not more than one year in the county jail or both. Each violation
10and each day of violation constitutes a separate offense.
SB55-SSA1,996,1612
196.52
(9) (a) In this subsection, "leased generation contract" means a contract
13or arrangement under which an affiliated interest of a public utility agrees to
14construct or improve electric generating equipment and associated facilities and to
15lease to the public utility land and such equipment and facilities for operation by the
16public utility.
SB55-SSA1,996,1817
(b) The commission may approve a leased generation contract under sub. (3)
18only if all of the following apply:
SB55-SSA1,996,2119
1. The commission has not issued a certificate under s. 196.49 or a certificate
20of public convenience and necessity under s. 196.491 (3) before January 1, 2001, for
21any construction or improvement that is subject to the leased generation contract.
SB55-SSA1,996,2422
2. Construction or improvement of the electric generating equipment and
23associated facilities that is subject to the leased generation contract commences on
24or after January 1, 2001.
SB55-SSA1,997,3
13. No electric generating equipment and associated facilities, or electric
2generating equipment, held or used by the public utility for the provision of electric
3service is transferred to the affiliated interest.
SB55-SSA1,997,54
4. The estimated gross cost of the construction or improvement that is subject
5to the leased generation contract is at least $10,000,000.
SB55-SSA1,997,96
5. Any real property that the public utility transfers to the affiliated interest
7for the purpose of implementing the leased generation contract is transferred at book
8value which is determined on the basis of the regulated books of account at the time
9of the transfer.
SB55-SSA1,997,1510
6. If the public utility transfers real property to the affiliated interest for the
11purpose of implementing the leased generation contract, the leased generation
12contract provides for transferring the real property back to the public utility, on the
13same terms and conditions as the original transfer, if the commission determines
14that the construction or improvement that is subject to the leased generation
15contract has not been completed.
SB55-SSA1,997,1716
7. The leased generation contract provides that, upon termination of the
17contract, all of the following apply:
SB55-SSA1,997,2218
a. The public utility shall have the option, subject to commission approval, to
19extend the contract, or purchase the electric generating equipment and associated
20facilities that are constructed or improved, at fair market value as determined by a
21valuation process that is conducted by an independent third party and that is
22specified in the contract.
SB55-SSA1,998,223
b. If the public utility exercises the option specified in subd. 7. a., the affiliated
24interest may require the public utility to extend the contract, rather than purchase
1the equipment and facilities, if the affiliated interest demonstrates to the
2commission that the extension avoids material adverse tax consequences.
SB55-SSA1,998,53
8. For any gas-fired electric generating equipment and associated facilities
4that are constructed under the leased generation contract, the term of the lease is
520 years or more.
SB55-SSA1,998,86
9. For any coal-fired electric generating equipment and associated facilities
7that are constructed under the leased generation contract, the term of the lease is
825 years or more.
SB55-SSA1,998,169
10. The leased generation contract does not take effect until the date on which
10the affiliated interest commences construction or improvement of the electric
11generating equipment and associated facilities, except that, if the leased generation
12contract relates to the construction or improvement of more than one electric
13generating facility, the leased generation contract does not take effect with respect
14to the construction or improvement of an individual electric generating facility until
15the date on which the affiliated interest commences construction or improvement on
16that electric generating facility.
SB55-SSA1,998,2117
(c) Except as provided in par. (d), the commission may not increase or decrease
18the retail revenue requirements of a public utility on the basis of any income,
19expense, gain, or loss that is received or incurred by an affiliated interest of the public
20utility and that arises from the ownership of electric generating equipment and
21associated facilities by an affiliated interest under a leased generation contract.
SB55-SSA1,999,422
(d) The commission shall allow a public utility that has entered into a leased
23generation contract that has been approved by the commission under sub. (3) to
24recover fully in its retail rates that portion of any payments under the leased
25generation contract that is allocated to the public utility's retail electric service, and
1that portion of all other costs that is prudently incurred in the public utility's
2operation and maintenance of the electric generating equipment and associated
3facilities constructed or improved under the leased generation contract and that is
4allocated to the public utility's retail electric service.
SB55-SSA1,999,85
(e) Notwithstanding sub. (5) (a), the commission may not modify a leased
6generation contract approved under sub. (3) except as specified in the leased
7generation contract or the commission's order approving the leased generation
8contract.
SB55-SSA1,999,119
(f) The commission shall maintain jurisdiction to ensure that the construction
10or improvement under a leased generation contract approved under sub. (3) is
11completed as provided in the leased generation contract.
SB55-SSA1,999,1712
(g) Nothing in this subsection prohibits a cooperative association organized
13under ch. 185, a municipal utility, as defined in s. 196.377 (2) (a) 3., or a municipal
14electric company, as defined in s. 66.0825 (3) (d), from acquiring an interest in electric
15generating equipment and associated facilities that are constructed pursuant to a
16leased generation contract or from acquiring an interest in land on which such
17electric generating equipment and associated facilities are located.
SB55-SSA1, s. 3011d
18Section 3011d. 196.66 (3) (b) 1. and 3. of the statutes are amended to read:
SB55-SSA1,999,2019
196.66
(3) (b) 1. The appropriateness of the forfeiture to the volume of business
20of the public utility
or telecommunications provider.
SB55-SSA1,999,2321
3. Any good faith attempt to achieve compliance after the public utility,
22telecommunications provider, agent, director, officer
, or employee receives notice of
23the violation.
SB55-SSA1,1000,5
1196.795
(5) (k) 1. Except as provided under subd. 2.
or 3., no public utility
2affiliate may transfer, sell
, or lease to any nonutility affiliate with which it is in a
3holding company system any real property which, on or after November 28, 1985, is
4held or used for provision of utility service except by public sale or offering to the
5highest qualified bidder.
SB55-SSA1,1000,127
196.795
(5) (k) 3. A public utility affiliate may transfer, at book value
8determined on the basis of the regulated books of account at the time of the transfer,
9real property, other than electric generating equipment and associated facilities, or
10electric generating equipment, that is held or used for the provision of utility service,
11to a nonutility affiliate for the purpose of implementing a leased generation contract,
12as defined in s. 196.52 (9) (a), that is approved under s. 196.52 (3).
SB55-SSA1, s. 3012
13Section
3012. 196.85 (1) of the statutes is renumbered 196.85 (1) (a) and
14amended to read:
SB55-SSA1,1001,415
196.85
(1) (a) If the commission in a proceeding upon its own motion, on
16complaint, or upon an application to it deems it necessary in order to carry out the
17duties imposed upon it by law to investigate the books, accounts, practices
, and
18activities of, or make appraisals of the property of any public utility, power district
, 19or sewerage system or to render any engineering or accounting services to any public
20utility, power district
, or sewerage system, the public utility, power district
, or
21sewerage system shall pay the expenses attributable to the investigation, including
22the cost of litigation, appraisal
, or service. The commission shall mail a bill for the
23expenses to the public utility, power district
, or sewerage system either at the
24conclusion of the investigation, appraisal
, or services, or during its progress. The bill
25constitutes notice of the assessment and demand of payment. The public utility,
1power district
, or sewerage system shall, within 30 days after the mailing of the bill
, 2pay to the commission the amount of the special expense for which it is billed. Ninety
3percent of the payment shall be credited to the appropriation account under s. 20.155
4(1) (g).
The
SB55-SSA1,1001,10
5(b) Except as provided in sub. (1m) (a), the total amount in any one calendar
6year for which any public utility, power district
, or sewerage system is liable
under
7this subsection, by reason of costs incurred by the commission within the calendar
8year, including charges under s. 201.10 (3), may not exceed four-fifths of one percent
9of its gross operating revenues derived from intrastate operations in the last
10preceding calendar year.
SB55-SSA1,1001,12
11(c) Nothing in this subsection shall prevent the commission from rendering
12bills in one calendar year for costs incurred within a previous year.
SB55-SSA1,1001,16
13(d) For the purpose of calculating the costs of investigations, appraisals
, and
14other services under this subsection, 90% of the costs determined shall be costs of the
15commission and 10% of the costs determined shall be costs of state government
16operations.
SB55-SSA1,1001,2218
196.85
(1m) (a) For the purpose of direct assessment under sub. (1) of expenses
19incurred by the commission in connection with its activities under s. 196.491, the
20term "public utility" includes electric utilities
, as defined in s. 196.491 (1) (d).
21Subsection (1) (b) does not apply to assessments for the commission's activities under
22s. 196.491 related to the construction of wholesale merchant plants.
SB55-SSA1,1002,16
1196.85
(3) If any public utility, sewerage system, joint local water authority,
2mobile home park operator or power district is billed under sub. (1), (2),
or (2e)
or (2g) 3and fails to pay the bill within 30 days or fails to file objections to the bill with the
4commission, as provided in this subsection, the commission shall transmit to the
5state treasurer a certified copy of the bill, together with notice of failure to pay the
6bill, and on the same day the commission shall mail by registered mail to the public
7utility, sewerage system, joint local water authority,
mobile home park operator or
8power district a copy of the notice
which that it has transmitted to the state treasurer.
9Within 10 days after receipt of the notice and certified copy of the bill, the state
10treasurer shall levy the amount stated on the bill to be due, with interest, by distress
11and sale of any property, including stocks, securities, bank accounts, evidences of
12debt, and accounts receivable belonging to the delinquent public utility, sewerage
13system, joint local water authority,
mobile home park operator or power district. The
14levy by distress and sale shall be governed by s. 74.10, 1985 stats., except that it shall
15be made by the state treasurer and that goods and chattels anywhere within the state
16may be levied upon.
SB55-SSA1,1003,318
196.85
(4) (a) Within 30 days after the date of the mailing of any bill under sub.
19(1), (2),
or (2e)
or (2g), the public utility, sewerage system, joint local water authority,
20mobile home park operator or power district that has been billed may file with the
21commission objections setting out in detail the grounds upon which the objector
22regards the bill to be excessive, erroneous, unlawful
, or invalid. The commission,
23after notice to the objector, shall hold a hearing upon the objections, from 5 to 10 days
24after providing the notice. If after the hearing the commission finds any part of the
25bill to be excessive, erroneous, unlawful
, or invalid
, it shall record its findings upon
1its minutes and transmit to the objector by registered mail an amended bill, in
2accordance with the findings. The amended bill shall have the same force and effect
3under this section as an original bill rendered under sub. (1), (2),
or (2e)
or (2g).
SB55-SSA1,1003,155
196.85
(5) No suit or proceeding may be maintained in any court to restrain or
6delay the collection or payment of any bill rendered under sub. (1), (2),
or (2e)
or (2g).
7Every public utility, sewerage system, joint local water authority,
mobile home park
8operator or power district that is billed shall pay the amount of the bill, and after
9payment may in the manner provided under this section, at any time within 2 years
10from the date the payment was made, sue the state to recover the amount paid plus
11interest from the date of payment, upon the ground that the assessment was
12excessive, erroneous, unlawful
, or invalid in whole or in part. If the court finds that
13any part of the bill for which payment was made was excessive, erroneous, unlawful
, 14or invalid, the state treasurer shall make a refund to the claimant as directed by the
15court. The refund shall be charged to the appropriations to the commission.
SB55-SSA1,1003,2018
196.858
(1) The commission shall annually assess against local exchange and
19interexchange telecommunications utilities the total, not to exceed $5,000,000, of the
20amounts appropriated under s.
20.505 (4) (is) 20.530 (1) (ir).
SB55-SSA1,1004,622
196.858
(2) The commission shall assess a sum equal to the annual total
23amount under sub. (1) to local exchange and interexchange telecommunications
24utilities in proportion to their gross operating revenues during the last calendar year.
25If total expenditures for telephone relay service exceeded the payment made under
1this section in the prior year, the commission shall charge the remainder to assessed
2telecommunications utilities in proportion to their gross operating revenues during
3the last calendar year. A telecommunications utility shall pay the assessment within
430 days after the bill has been mailed to the assessed telecommunication utility. The
5bill constitutes notice of the assessment and demand of payment. Payments shall
6be credited to the appropriation
account under s.
20.505 (4) (is) 20.530 (1) (ir).
SB55-SSA1,1004,98
221.0320
(3) (a) In this subsection, "local governmental unit" has the meaning
9given in s.
16.97 22.01 (7).
SB55-SSA1,1004,1211
224.71
(3) (b) 7. The department of veterans affairs when administering the
12veteran's housing loan program under subch. II of ch. 45.
SB55-SSA1, s. 3037m
13Section 3037m. 229.685 (1) of the statutes is renumbered 229.685 (1) (intro.)
14and amended to read:
SB55-SSA1,1004,1615
229.685
(1) (intro.) The district board shall maintain a special fund into which
16it deposits only the
following revenue received from the department of revenue
,:
SB55-SSA1,1004,19
17(a) The revenue that is derived from the taxes imposed under subch. V of ch.
1877
, and may use this. The revenue
described in this paragraph may be used only for
19purposes related to baseball park facilities.
SB55-SSA1,1004,2421
229.685
(1) (b) The revenue that is derived from baseball donations, as defined
22in s. 71.10 (5f) (a) 1. The revenue described in this paragraph may be used only for
23the purpose of retiring bonds issued for the initial construction of baseball park
24facilities.
SB55-SSA1,1005,9
1230.03
(3) "Agency" means any board, commission, committee, council
, or
2department in state government or a unit thereof created by the constitution or
3statutes if such board, commission, committee, council, department, unit
, or the
4head thereof, is authorized to appoint subordinate staff by the constitution or
5statute, except a legislative or judicial board, commission, committee, council,
6department
, or unit thereof or an authority created under
ch. chs. 231, 232, 233, 234
7or, 235
, or 237. "Agency" does not mean any local unit of government or body within
8one or more local units of government that is created by law or by action of one or more
9local units of government.
SB55-SSA1,1005,1111
230.08
(2) (e) 1. Administration —
12 10.
SB55-SSA1,1005,1813
230.08
(2) (e) 3m. Educational communications board — 4.
If the secretary of
14administration determines that the federal communications commission has
15approved the transfer of all broadcasting licenses held by the educational
16communications board to the broadcasting corporation as defined in s. 39.81 (2), this
17subdivision does not apply on and after the effective date of the last license
18transferred as determined by the secretary of administration under s. 39.87 (2) (a).
SB55-SSA1,1005,2020
230.08
(2) (e) 3r. Electronic government — 3.
SB55-SSA1,1005,2522
230.08
(2) (km) Persons employed by the department of administration who
23were transferred to the department of administration under s. 39.86 (4) and who
24immediately before their transfer occupied a position described under par. (e) 3m.,
25(L) 2. or (we).
SB55-SSA1,1006,82
230.08
(2) (L) 2. Educational communications board, created under s. 15.57
(1). 3If the secretary of administration determines that the federal communications
4commission has approved the transfer of all broadcasting licenses held by the
5educational communications board to the broadcasting corporation, as defined in s.
639.81 (2), this subdivision does not apply on and after the effective date of the last
7license transferred as determined by the secretary of administration under s. 39.87
8(2) (a).
SB55-SSA1,1006,1610
230.08
(2) (we) Professional staff members of the educational communications
11board authorized under s. 39.13 (2).
If the secretary of administration determines
12that the federal communications commission has approved the transfer of all
13broadcasting licenses held by the educational communications board to the
14broadcasting corporation, as defined in s. 39.81 (2), this paragraph does not apply on
15and after the effective date of the last license transferred as determined by the
16secretary of administration under s. 39.87 (2) (a).
SB55-SSA1,1006,1918
230.08
(2) (xm) The commandant of the Southern Wisconsin Veterans
19Retirement Center in the department of veterans affairs.
SB55-SSA1,1007,521
230.08
(4) (a) The number of administrator positions specified in sub. (2) (e)
22includes all administrator positions specifically authorized by law to be employed
23outside the classified service in each department, board or commission and the
24historical society.
In Except as provided in par. (am), in this paragraph,
25"department" has the meaning given under s. 15.01 (5), "board" means the
1educational communications board, investment board, public defender board and
2technical college system board and "commission" means the public service
3commission. Notwithstanding sub. (2) (z), no division administrator position
4exceeding the number authorized in sub. (2) (e) may be created in the unclassified
5service.
SB55-SSA1,1007,137
230.08
(4) (am) If the secretary of administration determines that the federal
8communications commission has approved the transfer of all broadcasting licenses
9held by the educational communications board to the broadcasting corporation, as
10defined in s. 39.81 (2), on and after the effective date of the last license transferred
11as determined by the secretary of administration under s. 39.87 (2) (a), "board" in par.
12(a) means the investment board, public defender board, and technical college system
13board.
SB55-SSA1,1008,1415
230.12
(3) (e)
University of Wisconsin system senior executives, faculty and
16academic staff employees. The secretary, after receiving recommendations from the
17board of regents, shall submit to the joint committee on employment relations a
18proposal for adjusting compensation and employee benefits for employees under ss.
1920.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective
20bargaining unit under subch. V of ch. 111 for which a representative is certified. The
21proposal shall include the salary ranges and adjustments to the salary ranges for the
22university senior executive salary groups
1 and 2 established under s. 20.923 (4g).
23The proposal shall be based upon the competitive ability of the board of regents to
24recruit and retain qualified faculty and academic staff, data collected as to rates of
25pay for comparable work in other public services, universities and commercial and
1industrial establishments, recommendations of the board of regents and any special
2studies carried on as to the need for any changes in compensation and employee
3benefits to cover each year of the biennium. The proposal shall also take proper
4account of prevailing pay rates, costs and standards of living and the state's
5employment policies. The proposal for such pay adjustments may contain
6recommendations for across-the-board pay adjustments, merit or other
7adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf)
8shall apply to the process for approval of all pay adjustments for such employees
9under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved
10by the joint committee on employment relations and the governor shall be based
11upon a percentage of the budgeted salary base for such employees under ss. 20.923
12(4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit
13and adjustments other than across-the-board pay adjustments is available for
14discretionary use by the board of regents.
SB55-SSA1,1008,1816
230.35
(1m) (a) 5. A position held by an employee of the state fair park board
17who was employed on October 29, 1999, in a career executive position under the
18program established under s. 230.24.
SB55-SSA1,1009,1620
230.35
(3) (a) Officials and employees of the state who have permanent status
21and who are members of the national guard,
the naval militia, the state defense force,
22or any other reserve component of the military forces of the United States or this
23state now or hereafter organized or constituted under federal or state law, are
24entitled to leaves of absence without loss of time in the service of the state, to enable
25them to attend military schools and annual field training or annual active duty for
1training, and any other state or federal tours of active duty, except extended active
2duty or service as a member of the active armed forces of the United States which
3have been duly ordered but not exceeding 30 days, excluding Saturdays, Sundays
4and holidays enumerated in sub. (4) in the calendar year in which so ordered and
5held. During this leave of absence, each state official or employee shall receive base
6state pay less the base military pay received for and identified with such attendance
7but such reduction shall not be more than the base state pay.
Such Other than for
8a leave of absence for the adjutant general and any deputy adjutants general, such 9leave shall not be granted for absences of less than 3 days. A state official or employee
10serving on state active duty as a member of the national guard
, naval militia, or state
11defense force, may elect to receive pay from the state under s. 20.465 (1) in an amount
12equal to base state salary for such period of state active duty. Leave granted by this
13section is in addition to all other leaves granted or authorized by any other law. For
14the purpose of determining seniority, pay or pay advancement and performance
15awards the status of the employee shall be considered uninterrupted by such
16attendance.
SB55-SSA1, s. 3081
17Section
3081. 230.36 (1m) (b) 2. (intro.) of the statutes is amended to read: