AB710: Bill Text

AB710, s. 642 Section 642. 196.203 (1) of the statutes, as affected by 1997 Wisconsin Act 140, is amended to read:

AB710,537,17 196.203 (1) Except as provided in this section, alternative telecommunications utilities are exempt from all provisions of ch. 200 201 and this chapter.

AB710, s. 643 Section 643. 196.203 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 140, is amended to read:

AB710,538,2 196.203 (3) (a) In response to a petition from any interested person, or upon its own motion, the commission shall determine whether the public interest requires that any provision of ch. 200 201 or this chapter be imposed on a person providing or proposing to provide service as an alternative telecommunications utility in a relevant market. In making this determination, the commission may consider factors including the quality of service, customer complaints, concerns about the effect on customers of local exchange telecommunications utilities and the extent to which similar services are available from alternative sources.

AB710, s. 644 Section 644. 196.203 (4) of the statutes is amended to read:

AB710,538,6 196.203 (4) The commission may impose any provision of ch. 200 201 or this chapter on one or more, but not necessarily all, alternative telecommunications utilities providing service in a relevant market.

AB710, s. 645 Section 645. 196.795 (5) (a) of the statutes is amended to read:

AB710,538,12 196.795 (5) (a) No holding company which is not a public utility and no nonutility affiliate is subject to any regulatory power of the commission except under this section, ss. 196.52, 196.525 and 196.84 and except under ch. 200 201 if the commission has made a determination under sub. (7) (a) which makes such holding company a public service corporation, as defined under s. 200.01 201.01 (2).

AB710, s. 646 Section 646. 196.795 (5) (b) of the statutes is amended to read:

AB710,538,22 196.795 (5) (b) The commission has full access to any book, record, document or other information relating to a holding company system to the extent that such information is relevant to the performance of the commission's duties under ch. 200 201, this chapter or any other statute applicable to the public utility affiliate. The commission may require a holding company to keep any record or document which is necessary for the commission to perform its duties under this section and which is consistent with generally accepted accounting and record-keeping practices of the particular type of business involved. Any information obtained under this paragraph is subject to sub. (9), when applicable.

AB710, s. 647 Section 647. 196.80 (1m) (d) of the statutes is amended to read:

AB710,539,4 196.80 (1m) (d) Consolidate or merge with any Wisconsin corporation if substantially all of the assets of the corporation consist of the entire stock of the public utility. The total of the resulting securities outstanding of the possessor corporation which have not been authorized previously under ch. 200 201 shall require authorization under ch. 200 201 as a condition precedent to the merger or consolidation.

AB710, s. 648 Section 648. 196.85 (1) of the statutes is amended to read:

AB710,540,4 196.85 (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 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 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. 200.10 201.10 (3), may not exceed four-fifths of one percent of its gross operating revenues derived from intrastate operations in the last preceding calendar year. 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, 90% of the costs determined shall be costs of the commission and 10% of the costs determined shall be costs of state government operations.

AB710, s. 649 Section 649. 196.85 (2) of the statutes is amended to read:

AB710,541,4 196.85 (2) The commission shall annually, within 90 days of the commencement of each fiscal year, calculate the total of its expenditures during the prior fiscal year which are reasonably attributable to the performance of its duties relating to public utilities, sewerage systems and power districts under this chapter and chs. 66, 198 and 200 201 and expenditures of the state for state government operations to support the performance of such duties. For purposes of such calculation, 90% of the expenditures so determined shall be expenditures of the commission and 10% of the expenditures so determined shall be expenditures for state government operations. The commission shall deduct from this total all amounts chargeable to public utilities, sewerage systems and power districts under sub. (1) and s. 200.10 201.10 (3). The commission shall assess a sum equal to the remainder plus 10% of the remainder to the public utilities and power districts in proportion to their respective gross operating revenues during the last calendar year, derived from intrastate operations. If, at the time of payment, the prior year's expenditures made under this section exceeded the payment made under this section in the prior year, the commission shall charge the remainder to the public utilities and power districts in proportion to their gross operating revenues during the last calendar year. If, at the time of payment it is determined that the prior year's expenditures made under this section were less than the payment made under this section in the prior year, the commission shall credit the difference to the current year's payment. The assessment shall be paid within 30 days after the bill has been mailed to the public utilities and power districts. The bill constitutes notice of the assessment and demand of payment. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (1) (g).

AB710, s. 650 Section 650. Chapter 200 (title) of the statutes is renumbered chapter 201 (title).

AB710, s. 651 Section 651. Chapter 200 (title) of the statutes is created to read:

AB710,541,10 Chapter 200 Metropolitan Sewerage Districts

AB710, s. 652 Section 652. Subchapter I (title) of chapter 200 [precedes 200.01] of the statutes is created to read:

AB710,541,13 chapter 200

AB710,541,15 Subchapter I Districts Generally

AB710, s. 653 Section 653. 200.01 to 200.05 of the statutes, as affected by 1999 Wisconsin Act 9, are renumbered 201.01 to 201.05.

AB710, s. 654 Section 654. 200.06 (title) and (1) of the statutes are renumbered 201.06 (title) and (1).

AB710, s. 655 Section 655. 200.06 (2) of the statutes is renumbered 201.06 (2) and amended to read:

AB710,542,5 201.06 (2) The commission may attach to the issuance of any certificate under this chapter such terms, conditions or requirements as in its judgment are reasonably necessary to protect the public interest. Any public service corporation dissatisfied with any of the terms or conditions so imposed by the commission in such certificate of authority shall be limited in its remedy to an action to modify or set aside the commission order authorizing a certificate of authority, as provided by s. 200.08 201.08. Any public service corporation issuing securities pursuant to any certificate of authority, not having brought any such action to set aside such order shall be deemed thereby to have waived any and all objections to the terms, conditions and requirements contained in such certificate of authority.

AB710, s. 656 Section 656. 200.07 to 200.11 of the statutes, as affected by 1997 Wisconsin Act 283, are renumbered 201.07 to 201.11.

AB710, s. 657 Section 657. 200.12 of the statutes is renumbered 201.12 and amended to read:

AB710,542,20 201.12 Judicial sale of corporation, reorganization. Whenever the rights, powers, privileges and franchises of any domestic public service corporation shall be sold at judicial sale or pursuant to the foreclosure of a mortgage, the purchaser shall, within 60 days after the sale, organize a new corporation pursuant to the laws respecting corporations for similar purposes and shall convey to the new corporation the rights, privileges and franchises which the former corporation had, or was entitled to have, at the time of the sale and which are provided by the statutes applicable to domestic public service corporations. The amount of securities that may be issued by the new corporation for the purpose of acquiring the property of the former corporation shall be determined in accordance with ss. 200.04, 200.05 and 200.06 201.04, 201.05 and 201.06.

AB710, s. 658 Section 658. 200.13 of the statutes is renumbered 201.13.

AB710, s. 659 Section 659. 200.14 of the statutes is renumbered 201.14 and amended to read:

AB710,543,9 201.14 Validation of securities issued without certificate. Securities issued by any such corporation, for the issuance of which a certificate should have been, but through excusable neglect or mistake was not, applied for, may be validated by the commission upon application of such corporation, signed and verified by the president and secretary, and setting forth the information required by s. 200.05 201.05 (1), and in addition thereto a concise statement of the reasons why such application was not made at the time such securities were issued. If the commission shall find and determine that such failure to make application was due to excusable neglect or mistake, and was not occasioned by any design to evade compliance with the law, and that such issue was otherwise in accordance with law, the commission shall issue to the corporation a validating certificate.

AB710, s. 660 Section 660. 200.15 of the statutes is renumbered 201.15.

AB710, s. 661 Section 661. Subchapter II (title) of chapter 200 [precedes 200.21] of the statutes is created to read:

AB710,543,13 chapter 200

AB710,543,16 Subchapter II Districts Including 1st Class Cities

AB710, s. 662 Section 662. 289.33 (3) (d) of the statutes is amended to read:

AB710,544,9 289.33 (3) (d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.01, 66.052, 66.24 (8) 66.0101, 66.0415, 87.30, 91.73, 196.58, 200.11 (8), 236.45, 281.43 or 349.16 or subch. VIII of ch. 60.

AB710, s. 663 Section 663. 632.103 (2) (a) 1. of the statutes is amended to read:

AB710,544,13 632.103 (2) (a) 1. Costs incurred in the course of enforcing s. 66.05 ss. 66.0413 and 66.0427 or a local ordinance relating to demolition, with respect to the building or other structure for which the funds are withheld.

AB710, s. 664 Section 664. 755.045 (2) of the statutes is amended to read:

AB710,544,17 755.045 (2) A municipal judge may issue civil warrants to enforce matters which are under the jurisdiction of the municipal court. Municipal judges are also authorized to issue inspection warrants under ss. 66.122 and 66.123 s. 66.0119.

AB710, s. 665 Section 665. 823.21 of the statutes is amended to read:

AB710,544,24 823.21 Dilapidated buildings declared nuisances. Any building which, under s. 66.05 (1m) 66.0413 (1) (b) 1., has been declared so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or has been determined to be unreasonable to repair under s. 66.05 (1m) 66.0413 (1) (b) 1. is a public nuisance and may be proceeded against under this chapter.

AB710, s. 666 Section 666. 823.215 of the statutes is amended to read:

AB710,545,5 823.215 Dilapidated wharves and piers in navigable waters declared nuisances. Any wharf or pier in navigable waters which is declared so old, dilapidated or in need of repair that it is dangerous, unsafe or unfit for use under s. 66.0495 (1) (b) 30.15 (5m) (a) 2. or repair is determined unreasonable under that section is a public nuisance and may be proceeded against under this chapter.

AB710, s. 667 Section 667. 893.33 (5) of the statutes is amended to read:

AB710,546,3 893.33 (5) This section bars all claims to an interest in real property, whether rights based on marriage, remainders, reversions and reverter clauses in covenants restricting the use of real estate, mortgage liens, old tax deeds, death and income or franchise tax liens, rights as heirs or under will, or any claim of any nature, however denominated, and whether such claims are asserted by a person sui juris or under disability, whether such person is within or without the state, and whether such person is natural or corporate, or private or governmental, unless within the 30-year period provided by sub. (2) there has been recorded in the office of the register of deeds some instrument expressly referring to the existence of the claim, or a notice pursuant to this section. This section does not apply to any action commenced or any defense or counterclaim asserted, by any person who is in possession of the real estate involved as owner at the time the action is commenced. This section does not apply to any real estate or interest in real estate while the record title to the real estate or interest in real estate remains in a railroad corporation, a public service corporation as defined in s. 200.01 201.01, an electric cooperative organized and operating on a nonprofit basis under ch. 185, or any trustee or receiver of a railroad corporation, a public service corporation or an electric cooperative, or to claims or actions founded upon mortgages or trust deeds executed by that cooperative or corporation, or trustees or receivers of that cooperative or corporation. This section also does not apply to real estate or an interest in real estate while the record title to the real estate or interest in real estate remains in the state or a political subdivision or municipal corporation of this state.

AB710, s. 668 Section 668. 893.76 of the statutes is amended to read:

AB710,546,10 893.76 Order to repair or remove building or restore site; contesting. An application under s. 66.05 (3) 66.0413 (1) (h) to a circuit court for an order restraining the inspector of buildings or other designated officer from razing and removing a building or part of a building and restoring a site to a dust-free and erosion-free condition shall be made within 30 days after service of the order issued under s. 66.05 (1m) 66.0413 (1) (b) or be barred.

AB710, s. 669 Section 669. 893.765 of the statutes is amended to read:

AB710,546,15 893.765 Order to remove wharves or piers in navigable waters; contesting. An application under s. 66.0495 (3) 30.15 (5m) (c) to circuit court for a restraining order prohibiting the removal of a wharf or pier shall be made within 30 days after service of the order issued under s. 66.0495 (1) 30.15 (5m) (a) or be barred.

AB710, s. 670 Section 670. 946.15 of the statutes is amended to read:

AB710,547,6 946.15 Public construction contracts at less than full rate. (1) Any employer, or any agent or employe of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.29 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.293 66.0903 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 66.0903 (1) (d), under s. 66.293 66.0903 (6) to give up, waive or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project on which a prevailing wage rate determination has not been issued under s. 66.293 66.0903 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the employe works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class E felony.

AB710,547,20 (2) Any person employed pursuant to a public contract as defined in s. 66.29 66.0901 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.293 66.0903 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 66.0903 (1) (d), under s. 66.293 66.0903 (6) who gives up, waives or returns to the employer or agent of the employer any part of the compensation to which the employe is entitled under his or her contract of employment or under the prevailing wage determination issued by the department or local governmental unit, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.293 66.0903 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

AB710,548,5 (3) Any employer or labor organization, or any agent or employe of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.293 66.0903 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 66.0903 (1) (d), under s. 66.293 66.0903 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class E felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.

AB710,548,14 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.293 66.0903 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 66.0903 (1) (d), under s. 66.293 66.0903 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.

AB710, s. 671 Section 671. 946.82 (4) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB710,549,5 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 200.09 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b) and (c), 943.60, 943.70, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12 and 948.30.

AB710, s. 672 Section 672. Cross-reference changes. In the sections of the statutes listed in Column A, the cross-references shown in Column B are changed to the cross-references shown in column C: - See PDF for table

AB710, s. 673 Section 673. Initial applicability.

AB710,574,4 (1) The treatment of sections 60.23 (20) and 66.0627 of the statutes first applies to costs for removal and disposition of dead animals, conservation work and snow removal incurred on the effective date of this subsection.

AB710,574,7 (2) The treatment of sections 66.021 (3) (b) and 66.0217 (4) (a) 6. of the statutes first applies to notices of intent to circulate an annexation petition submitted for publication on the effective date of this subsection.

AB710,574,9 (3) The treatment of section 66.021 (4) (a) of the statutes first applies to annexation petitions first circulated on the effective date of this subsection.

AB710,574,10 (4) The treatment of section 66.025 of the statutes first applies to:

AB710,574,11 (a) Annexation ordinances enacted on the effective date of this paragraph.

AB710,574,13 (b) Actions to contest the validity of an annexation commenced on the effective date of this paragraph.

AB710,574,15 (5) The treatment of section 66.045 (3) of the statutes first applies to privileges applied for on the effective date of this subsection.

AB710,574,17 (6) The treatment of section 66.0707 (2) of the statutes first applies to costs incurred on the effective date of this subsection.

AB710,575,2 (7) The treatment of section 66.296 (2) (a) and (c) of the statutes first applies to discontinuance resolutions introduced on the effective date of this subsection.

AB710, s. 674 Section 674. Effective date.

AB710,575,4 (1) This act takes effect on January 1, 2001.

Note: The following list shows the general treatment of provisions of ch. 66 by this bill. The left-hand column ("Current Section") lists the current provisions of ch. 66. The right-hand column ("Treatment") shows the general treatment of each provision by this bill. - See PDF for table

AB710,587,1 (End)