AB971: Bill Text

Note: Replaces word form of number with digits, inserts specific cross-references and replaces other language.

AB971, s. 95 Section 95. 196.16 (3) of the statutes is amended to read:

AB971,53,2 196.16 (3) This section does not limit any power of a municipal council governing body under s. 196.58.

Note: Replaces obsolete term with current terminology.

AB971, s. 96 Section 96. 196.85 (4) (d) of the statutes is amended to read:

AB971,53,15 196.85 (4) (d) If any bill against which objections have been filed shall is not be paid within ten 10 days after notice of a finding that such the objections have been overruled and disallowed by the commission has been mailed to the objector as herein provided in this subsection, the commission shall give notice of such the delinquency to the state treasurer and to the objector, in the manner provided in sub. (3). The state treasurer shall then proceed to collect the amount of said the delinquent bill as provided in sub. (3). If an amended bill is not paid within ten 10 days after a copy thereof of the amended bill is mailed to the objector by registered mail, the commission shall notify the state treasurer and the objector as in the case of delinquency in the payment of an original bill. The state treasurer shall then proceed to collect the amount of said the amended bill as provided in the case of an original bill.

AB971, s. 97 Section 97. 197.01 (4) of the statutes is renumbered 197.01 (4) (a) and amended to read:

AB971,54,3 197.01 (4) (a) Any municipality having that owns, or has secured a declaration of convenience and necessity to own, operate, manage or control, any plant or equipment for the production, transmission, delivery or furnishing of heat, light, water or power, or owning any such plant, may contract with any public utility lawfully engaged as such a public utility for a division of any of the foregoing service services in said the municipality, for a period not exceeding ten 10 years, with. The contract shall contain mutual covenants restricting and obligating operations by each party to service within the respective fields of division so contracted for, and within such fields the. The commission shall have the right to regulate the charges for, and quality of, service, notwithstanding anything provided in such the contract.

AB971,54,7 (b) Nothing in this section shall prevent the commission from terminating such a contract authorized under par. (a) and granting a certificate of convenience and necessity for a third 3rd or other utility, if in its the commission's judgment the public interest requires it.

Note: Subdivides provision, breaks up long sentence, replaces word form of number with digits, inserts specific cross-references and replaces other language.

AB971, s. 98 Section 98. 197.02 of the statutes is amended to read:

AB971,54,15 197.02 Action by municipalities to acquire utility. If the a municipality shall have has determined to acquire a plant operated under an indeterminate permit provided in s. 196.54 (2), by a vote of a majority of the electors, such the municipality shall bring an action in the circuit court against the public utility for an adjudication as to the necessity of such the taking by the municipality. Unless the parties waive a jury, the question as to the necessity of the taking of such the property by the municipality shall be submitted to a jury.

Note: Replaces language for greater readability and conformity with current style.

AB971, s. 99 Section 99. 197.03 of the statutes is amended to read:

AB971,55,3 197.03 Indeterminate permit; notice. If the a municipality shall have has determined to acquire an existing plant in the manner provided in s. 197.02, and the public utility owning such the plant shall have has consented to the taking over of such the plant by the municipality by acceptance of an indeterminate permit as provided herein in s. 196.54 (4), or, in case such the public utility shall has not have waived or consented to such the taking, if the a jury shall have acting under s. 197.02 has found that a necessity exists for the taking of such the plant, then the municipality shall give speedy notice to the public utility and to the commission of such the municipality's determination and of such the utility's consent or such the jury's finding to the public utility and to the commission.

Note: Inserts specific cross-references and replaces and reorders language for greater readability and conformity with current style.

AB971, s. 100 Section 100. 197.04 (1) of the statutes is renumbered 197.04 (1) (a) and amended to read:

AB971,55,12 197.04 (1) (a) Any municipality having determined to acquire an existing plant or any part of the equipment of a public utility may discontinue all proceedings to that end at any time within 90 days after the final determination of compensation by the commission, by a vote of the electors of the municipality as herein provided in pars. (b) and (c), or by a resolution to that effect by its municipal council, provided that such governing body. Except as provided in par. (c), the resolution shall not be of force and effect until become effective 90 days after its passage and publication.

AB971,56,2 (b) If within either of said the 90-day periods described in par. (a) a petition conforming to the requirements of s. 8.40 shall be is filed with the clerk of such the municipality, in a city of the first class and the petition has been signed by 5% and in all other municipalities of the electors of a 1st class city or by 10% of the electors thereof, of all other municipalities requesting that the question of discontinuing said the proceeding to acquire such the plant or equipment of the public utility be submitted to the electors, such of the municipality, the applicable question under par. (c) shall be submitted to the said electors at any general or regular municipal election that may be held not less than 30, and not more than 35, days from the date of the filing of the petition; and if. If no general election or regular municipal election is to be held within the stated periods, then the governing body of the municipality shall order the holding of a special election for the purpose of submitting the question to the electors in case the.

AB971,56,6 (c) 1. If a petition is filed under par. (b) before the adoption of such a resolution the question whether said as described in par. (a), the question submitted to the electors shall be whether the proceedings to acquire an existing plant or any part of the equipment of a public utility shall be discontinued, and in case the.

AB971,56,12 2. If a petition is filed under par. (b) after the adoption of said a resolution as described in par. (a), the question submitted to the electors shall be whether the aforesaid resolution shall remain in effect and its adoption of the resolution shall be ratified, and such. A resolution adopted prior to the submission of a petition shall not have force or effect become effective unless a majority of the electors voting on such the question shall be in favor thereof of the question.

AB971, s. 101 Section 101. 197.04 (2) of the statutes is amended to read:

AB971,56,25 197.04 (2) The municipal council governing body of the municipality may provide for the notice of, the manner of holding such election and, the method of voting thereon and of on, the method of making returns thereof of, and the method of canvassing and determining of the result thereof; provided, that notice of, the election required under sub. (1). Notice of the submission of the question contemplated herein election to the electors shall be given by a brief notice of that fact once a week for three 3 weeks in some newspaper of general circulation published in the municipality, and if there be no such . If no newspaper then of general circulation is published in the municipality, publication may be made in any newspaper of general circulation in the county seat of the county wherein in which the municipality is located. The notice of holding any special election shall be incorporated as a part of the aforesaid notice given under this subsection.

AB971, s. 102 Section 102. 197.04 (3) of the statutes is amended to read:

AB971,57,4 197.04 (3) Upon the discontinuance of the proceedings to acquire an existing plant or any part of the equipment of a public utility by the municipality no subsequent proceedings shall be instituted within 2 years thereafter.

Note: Replaces obsolete term, "municipal council" with current terminology, subdivides provision, breaks up long sentence, replaces word form of number with digits, inserts specific cross-references and references and replaces other language.

AB971, s. 103 Section 103. 197.05 (1) and (2) of the statutes are amended to read:

AB971,57,15 197.05 (1) The Upon receipt of the notice under s. 197.03, the commission shall thereupon set a time and place for a public hearing upon the matters of the just compensation to be paid for the property of such the public utility, wheresoever wherever situated, actually used and useful for the convenience of the public, and of all other terms and conditions of the purchase, and. The commission shall give to the interested municipality and the public utility interested, not less than 30 days' notice of the time and place such at which the hearing will be held, and such the matters to be considered and determined, and at the hearing. The municipality shall publish in the county in which such the public utility is located a class 3 notice, under ch. 985, of the hearing.

AB971,57,22 (2) The commission shall, by order, fix and determine and certify to the municipal council governing body of the municipality, to the public utility and to any bondholder, mortgagee, lienor or any other person having or claiming to have any interest in such the public utility appearing upon such at the hearing, just compensation to be paid for the taking of the property of such the public utility actually used and useful for the convenience of the public and all other terms and all conditions of purchase which it that the commission shall ascertain to be reasonable.

AB971, s. 104 Section 104. 197.05 (3) of the statutes is renumbered 197.05 (3) (a) and amended to read:

AB971,58,11 197.05 (3) (a) The compensation and other terms and the conditions of purchase thus certified by the commission under sub. (2) shall constitute the compensation and terms and conditions to be paid, followed and observed in the purchase of such the plant from such the public utility. Upon the filing of such certificate the order issued under sub. (2) with the clerk of such the municipality the absolute title of the property taken shall vest in such the municipality, and, as. As to any such property to be taken that is located outside of Wisconsin, the circuit court is vested with power to require such the public utility company to convey the same property to the municipality.

AB971,58,15 (b) Municipalities in adjoining states which that have determined to acquire a public utility, part of which is located in Wisconsin, are authorized to acquire and to hold and operate any part of such the public utility located in Wisconsin, provided, such the adjoining state gives a similar power to Wisconsin municipalities.

Note: The reference to "certificate" is changed to "order" for internal consistency. Replaces obsolete term "municipal council" with current terminology, breaks up long sentences and subdivision, inserts specific cross-references and references and replaces other language.

AB971, s. 105 Section 105. 198.01 (3m) of the statutes is created to read:

AB971,58,18 198.01 (3m) "County clerk" means the clerk of the county containing the largest number of voters within a district or proposed district.

Note: Moves the definition of "county clerk" from s. 198.03 (1) to clarify the meaning of the term throughout the chapter.

AB971, s. 106 Section 106. 198.02 of the statutes is amended to read:

AB971,59,8 198.02 District, creation, powers. A municipal power district may be created as provided in this chapter and when so created shall be considered a municipal corporation and may exercise the powers herein granted in this chapter. Any two 2 or more municipalities, whether contiguous or otherwise or in the same or different counties, may organize and incorporate as a municipal power district, but no. No municipality shall may be divided in the formation of such a municipal power district, nor shall any and no municipality shall be included therein in a municipal power district unless approved by a majority of the votes cast thereon in that municipality at an election under s. 198.06 on such the proposition of whether a district should be created.

Note: Breaks up long sentences, replaces word form of number with digits, inserts specific cross-references and references and replaces other language.

AB971, s. 107 Section 107. 198.025 of the statutes is amended to read:

AB971,59,13 198.025 Plan for district. It shall be the duty of the public service commission upon request of the governing body of any city, village or town to work out with such the municipality, or with any group of municipalities interested with it in the creation of a municipal power district, a feasible working plan for a proposed district.

Note: Section 198.01 (3) defines "commission" to mean the public service commission.

AB971, s. 108 Section 108. 198.03 (title), (1) and (2) of the statutes are amended to read:

AB971,59,15 198.03 (title) Procedure for organizing district; initiation.

AB971,60,2 (1) Initial resolution. The governing bodies of one-half or more of the municipalities proposed to be included in the district shall first pass resolutions, declaring that public interest or necessity demands the creation and maintenance of a municipal power district to be known as "the .... (giving the name) municipal power district". Such The resolutions shall name the municipalities to be included in the proposed district. Certified copies of such the resolutions shall next be presented to the county clerk of the county containing the largest number of voters within the proposed district, requesting said the county clerk to call an election without delay for determining whether such the district shall be created.

AB971,60,10 (2) Petition in lieu of resolution. In lieu of the resolutions provided for by sub. (1), a petition may be presented to the county clerk of said county signed by at least ten per cent 10% of the voters in said the proposed district. Such The petition shall declare that, in the opinion of the petitioners, public interest or necessity demands the creation and maintenance of a municipal power district. The petition may be on separate sheets of paper, but each sheet shall contain the affidavit of the person who circulated the same sheet, certifying that each name signed thereto on that sheet is the true signature of the person whose name it purports to be.

Note: Clarifies title, replaces word form of number with digits, inserts specific references and replaces other language.

AB971, s. 109 Section 109. 198.04 of the statutes is amended to read:

AB971,60,19 198.04 (title) Second Procedure for organizing district; 2nd step. (1) Notice to commission. Upon receipt of the certified copies of the resolutions adopted under s. 198.03 (1) or the petition mentioned in presented under s. 198.03 ,such (2), the county clerk shall forthwith immediately notify the public service commission in writing that the municipalities filing said the resolutions or those named in said the petition as constituting the proposed power district had petitioned the county clerk to call an election without delay for determining whether such the district should be created.

AB971,61,3 (2) Report of commission. Within ninety 90 days after receipt of said the notice of the county clerk under sub. (1), the public service commission shall file in writing with said the county clerk its written recommendations as to the feasibility or nonfeasibility of the proposed district with reasons therefor for the commission's recommendations. Certified copies of such the commission's recommendations shall at the same time be filed by the commission with the clerk of each municipality included within said the proposed district.

AB971,61,7 (3) Election called. Upon receipt of such the commission's recommendations of the commission, or upon expiration of the ninety day 90-day period referred to in sub. (2), said the county clerk shall call without delay an election within the proposed district for the purpose of determining whether the proposed district shall be created.

Note: Section 198.01 (3) defines "commission" to mean the public service commission. Clarifies title, replaces word form of number with digits, inserts specific references and cross-references and replaces other language.

AB971, s. 110 Section 110. 198.05 of the statutes is amended to read:

AB971,61,15 198.05 Subdistricts, boundaries. Every petition or resolution provided for in s. 198.03 shall divide the proposed district into five 5 subdistricts, giving each a number, except as provided in s. 198.07 (3). In the event that the boundaries of the district as originally proposed are changed at the election, provided for by s. 198.06, and approved by the commission pursuant to s. 198.06 (5), the commission shall make such adjustments in the boundaries of the subdistricts as may be that are necessary to comply with s. 198.07.

Note: Replaces word form of number with digits.

AB971, s. 111 Section 111. 198.06 (5) of the statutes is renumbered 198.06 (5) (a) and amended to read:

AB971,61,22 198.06 (5) (a) The board of canvassers shall cause a certified copy of the order declaring the result of the election to be filed in the office of the secretary of state. A certified copy of the order shall also be filed with the clerk of each municipality included in the district, with the county clerk, and with the public service commission. In case

AB971,62,13 (b) If the district as finally constituted comprises a smaller area than originally proposed, because of the failure of one or more municipalities to approve the district at the election, then, within 10 days following the filing under par. (a) with the commission, the commission shall, within 10 days following the filing of the order under par. (a) with the commission, file its approval or disapproval of the district as created by the election with the secretary of state, the clerk of each municipality included in the district and the county clerk. In such case, from and after If the commission approves, upon the filing by the commission of the approval the creation and incorporation of the district shall be deemed considered complete, or. If the commission disapproves, the district shall be deemed considered dissolved, as the. Except as provided in par. (c), the approval or disapproval of the commission shall determine, and in the case of municipal water districts created under s. 198.22, be final.

AB971,62,18 (c) In the case of municipal water districts created under s. 198.22, the approval or disapproval of the commission shall be final unless objection thereto to the commission's decision is made to the public service commission by one or more of the governing bodies of the municipalities which would otherwise be included in the district.

AB971,62,22 (d) If a district has been approved by all of the municipalities within the district as proposed, the creation and incorporation of the district shall be deemed considered complete from and after upon the filing of the result of the election with the secretary of state by the board of canvassers.

Note: Subdivides provision, breaks up long sentences, inserts specific references, and replaces, reorders and simplifies language for greater readability and conformity with current style.

AB971, s. 112 Section 112. 198.06 (6) of the statutes is amended to read:

AB971,63,10 198.06 (6) Expenses of election, payment. All amounts properly incurred and actually expended by any municipality or the clerk thereof in publishing notices of any primary or election, in employing persons to conduct the election or in performing other duties imposed upon the municipality or upon the clerk thereof of the municipality by any provision of this chapter shall be paid as other similar expenses of the municipality are paid and shall be a charge in favor of the municipality against the district to be repaid, together with interest thereon at the rate of 6% per year, upon the presentation of proper vouchers therefor for the charges by the clerk of the municipality to the district, when and as the district has funds available for that purpose.

Note: Inserts specific references and deletes unnecessary phrase. Deletes "primary" as that term is not used elsewhere in ch. 198.

AB971, s. 113 Section 113. 198.07 (1) of the statutes is amended to read:

AB971,63,13 198.07 (1) The government of each district shall be vested in a board of five 5 directors.

Note: Replaces word form of number with digits.

AB971, s. 114 Section 114. 198.07 (2) of the statutes is amended to read:

AB971,63,18 198.07 (2) The boundaries of the subdistricts shall be drawn in such a manner so that each shall contain approximately an equal number of voters, except that no municipality shall contain more than two 2 subdistricts, nor shall any municipality be divided unless it shall comprise more than one subdistrict.

Note: Replaces word form of number with digits and replaces other language.

AB971, s. 115 Section 115. 198.07 (3) of the statutes is renumbered 198.07 (3) (intro.) and amended to read:

AB971,64,3 198.07 (3) (intro.) Where a district includes a municipality containing voters in excess of fifty per cent that contains more than 50% of the voters in the entire district there shall be appointed a, all of the following apply:

AB971,64,4 (a) A director at large shall be appointed.

AB971,64,6 (b) The territory in said the district, other than that contained in said the municipality described in sub. (3) (intro.), shall be divided into only 2 subdistricts.

Note: Subdivides provision, inserts specific references and cross-references, replaces word form of number with digits and replaces, reorders and simplifies language for greater readability and conformity with current style.

AB971, s. 116 Section 116. 198.08 (2) of the statutes is amended to read:

AB971,64,13 198.08 (2) (title) Appointment; meeting of municipal executive officers. Within ten 10 days after the creation and incorporation of such a municipal power district shall have been is completed the chief executives in each subdistrict containing more than one municipality shall meet for the selection of a director for said the subdistrict. The time and place of such the meeting shall be designated by said the county clerk.

Note: Clarifies title, replaces word form of number with digits and replaces other language.

AB971, s. 117 Section 117. 198.08 (3) of the statutes is amended to read:

AB971,64,22 198.08 (3) (title) Appointment, continued vote by municipal executive officers. In the selection of a director for a subdistrict each chief executive shall have one vote for each one thousand 1,000 voters within that chief executive's municipality, or such the part thereof as of the municipality that is located in said the subdistrict. A three-fourths vote shall be necessary for the selection of a director. The result of said the selection of the director shall be certified to by the chairperson and clerk of said the meeting and forthwith immediately filed with the secretary of state and the clerk of each municipality in said the district.

Note: Clarifies title, replaces word form of number with digits and replaces other language.

AB971, s. 118 Section 118. 198.08 (5) of the statutes is amended to read:

AB971,65,6 198.08 (5) Appointment by executive. Where a municipality contains two 2 subdistricts or where a subdistrict includes only one municipality, the chief executive of such the municipality shall select a director for each such subdistrict, and shall immediately file forthwith a certified copy thereof of the selection as provided by sub. (3).

Note: Replaces word form of number with digits and replaces other language.

AB971, s. 119 Section 119. 198.08 (7) of the statutes is amended to read:

AB971,65,12 198.08 (7) Term, oath. The regular term of directors of the district after the first term shall be for four 4 years. Each director shall hold office until the director's successor is selected and qualifies. Each director shall, before entering upon the discharge of the director's duties, take and subscribe to the constitutional oath of office. Such Each director's oath shall be filed in the office of the clerk of the district.

Note: Replaces word form of number with digits and replaces other language.

AB971, s. 120 Section 120. 198.08 (9) of the statutes is amended to read:

AB971,65,21 198.08 (9) Classification. Directors selected from odd numbered odd-numbered subdistricts shall for the first term serve for a period which that shall end two 2 years after the first Monday of May of the next even numbered even-numbered year. Directors selected from even numbered even-numbered subdistricts shall for the first term serve for a period which shall end four 4 years after the first Monday of May of the next even numbered even-numbered year. For the purposes of this section directors at large shall be considered to be from odd numbered odd-numbered subdistricts.