AB327: Bill Text

AB327,164,5 196.49 (2) No public utility may begin the construction, installation or operation of any new plant, equipment, property or facility, nor the construction or installation of any extension, improvement or addition to its existing plant, equipment, property, apparatus or facilities unless the public utility has complied with any applicable rule or order of the commission and with s. 281.35, if applicable. If a cooperative association has been incorporated under ch. 185 or 193 for the production, transmission, delivery or furnishing of light or power and has filed with the commission a map of the territory to be served by the association and a statement showing that a majority of the prospective consumers in the area are included in the project, no public utility may begin any such construction, installation or operation within the territory until after the expiration of 6 months from the date of filing the map and notice. If the cooperative association has entered into a loan agreement with any federal agency for the financing of its proposed system and has given written notice of the agreement to the commission, no public utility may begin any construction, installation or operation within the territory until 12 months after the date of the loan agreement.

AB327, s. 107 Section 107. 196.491 (1) (bm) of the statutes is amended to read:

AB327,164,9 196.491 (1) (bm) "Cooperative association" means a cooperative association organized under ch. 185 or 193 for the purpose of generating, distributing or furnishing electric energy at retail or wholesale to its members only.

AB327, s. 108 Section 108. 196.491 (4) (b) 1. of the statutes is amended to read:

AB327,164,13 196.491 (4) (b) 1. The person is not a public utility or a cooperative association organized under ch. 185 or 193 for the purpose of generating, distributing or furnishing electric energy at retail or wholesale to its members only.

AB327, s. 109 Section 109. 196.495 (1m) (intro.) of the statutes is amended to read:

AB327,164,17 196.495 (1m) (intro.) No public utility, and no cooperative association organized under ch. 185 or 193 for the purpose of furnishing electric service to its members only, may:

AB327, s. 110 Section 110. 196.495 (2) of the statutes is amended to read:

AB327,165,4 196.495 (2) If a public utility is rendering electric service under an indeterminate permit to a city or village, no cooperative association or unincorporated cooperative association may extend any new electric service to the premises of any person inside the corporate limits, existing on January 1, 1961, of the city or village without the written consent of the public utility. Within any area annexed to a city or village after January 1, 1961, in which annexed area a cooperative association, an unincorporated cooperative association, or a public utility, other than the public utility serving the city or village under an indeterminate permit, has electric distribution facilities at the time of the annexation, the cooperative association or other public utility may make a primary voltage extension or a secondary voltage extension in the annexed area, subject to sub. (1m).

AB327, s. 111 Section 111. 196.495 (2m) of the statutes is amended to read:

AB327,165,10 196.495 (2m) The distribution service facilities of a cooperative association, an unincorporated cooperative association, or a public utility rendering electric service in an annexed area under sub. (2) shall be subject to acquisition under ch. 197 by a city or village if the city or village operates or proposes to operate its own electric public utility.

AB327, s. 112 Section 112. 196.495 (3) of the statutes is amended to read:

AB327,165,15 196.495 (3) Nothing in this section shall preclude any public utility or any cooperative association or unincorporated cooperative association from extending electric service to its own property or facilities or to another cooperative association or unincorporated cooperative association for resale.

AB327, s. 113 Section 113. 196.495 (4) of the statutes is amended to read:

AB327,165,22 196.495 (4) To avoid duplication of facilities, a public utility and a cooperative association or an unincorporated cooperative association may enter into a written agreement governing the extension of electric distribution lines and the right to serve customers. The commission shall enforce an agreement if the agreement has been filed with the commission and approved by the commission as being in the public interest.

AB327, s. 114 Section 114. 196.495 (5) of the statutes is amended to read:

AB327,166,5 196.495 (5) If an interested party files a complaint with the commission that an electric public utility or a cooperative association or an unincorporated cooperative association has made a primary voltage extension that requires approval or consent under this section without obtaining approval or consent, the commission shall hear the complaint upon notice to the interested parties. If the commission determines that the primary voltage extension was made in violation of this section, it shall order the prompt removal of the primary voltage extension.

AB327, s. 115 Section 115. 196.495 (6) of the statutes is amended to read:

AB327,166,9 196.495 (6) A cooperative association or an unincorporated cooperative association shall be subject to the authority of the commission to enforce the provisions of this section and to issue rules and orders relating to the provisions.

AB327, s. 116 Section 116. 196.495 (7) of the statutes is amended to read:

AB327,166,15 196.495 (7) A cooperative association or an unincorporated cooperative association shall be subject to the authority of the commission to allocate, assess and collect expenditures of the commission against a cooperative association or an unincorporated cooperative association involved in a proceeding under this section in the same manner as provided for public utilities under s. 196.85.

AB327, s. 117 Section 117. 196.50 (2) (b) of the statutes is amended to read:

AB327,167,2 196.50 (2) (b) A certificate, franchise, license or permit, indeterminate or otherwise, in effect on September 1, 1994, for a telecommunications utility shall remain in effect and shall have the effect of a certificate of authority. A telecommunications utility is not required to apply for a new certificate of authority to continue offering or providing service to the extent of the prior authorization. Each telecommunications utility, including telecommunications cooperatives and unincorporated telecommunications cooperative associations, shall have on file with the commission under s. 196.19 a tariff that sets forth the rates, terms and conditions for all services provided and a map that defines the geographical limits of the service territory that the telecommunications utility is obliged to serve.

AB327, s. 118 Section 118. 196.52 (9) (g) of the statutes is amended to read:

AB327,167,9 196.52 (9) (g) Nothing in this subsection prohibits a cooperative association organized under ch. 185 or 193, 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 an electric generating facility that is constructed pursuant to a leased generation contract or from acquiring an interest in land on which such an electric generating facility is located.

AB327, s. 119 Section 119. 196.595 (1) (c) of the statutes is amended to read:

AB327,167,14 196.595 (1) (c) "Public utility" in this section means any public utility, as defined in s. 196.01, engaged in the transmission, delivery or furnishing of natural gas by means of pipes or mains, heat, light or power. "Public utility" does not include any cooperative association organized under ch. 185 or 193.

AB327, s. 120 Section 120. 196.605 (1) of the statutes is amended to read:

AB327,168,3 196.605 (1) A public utility which is a cooperative association incorporated under ch. 185 or 193 to furnish telecommunications service in rural areas on a nonprofit basis with a telecommunications utility financed in part through a loan from the United States under the rural electrification act of 1936, 7 USC 901 to 950aaa-5, as amended, may require each of its local service telecommunications patrons to deposit with the association the amount of the membership fee or other form of capital representing the proportional share of the total equity capital of the association required as a condition of federal financing. The membership fee or other form of equity capital attributable to each local service patron may be collected by the association in installments in connection with billings for service. The required deposits of equity capital shall be segregated in the billing from service charges and shall be credited when received on the membership or equity capital account of the patron.

AB327, s. 121 Section 121. 196.795 (7) (a) 1. b. of the statutes is amended to read:

AB327,168,7 196.795 (7) (a) 1. b. Any public utility or member of a cooperative association organized under ch. 185 or 193 which reports or has reported information to the commission under the rules promulgated under s. 196.491 (2) (ag).

AB327, s. 122 Section 122. 196.796 (1) (hm) of the statutes is amended to read:

AB327,168,16 196.796 (1) (hm) "Public utility" means every corporation, company, individual or association and their lessees, trustees, or receivers appointed by any court or state or federal agency, that may own, operate, manage, or control all or any part of a plant or equipment, within the state, for the production, transmission, delivery, or furnishing of electricity directly to or for the public, except that "public utility" does not include any municipal utility or municipal electric company, as defined in s. 66.0825 (3) (d), or any cooperative association organized under ch. 185 or 193 for the purpose of producing or furnishing heat, light, power, or water to its members only.

AB327, s. 123 Section 123. 196.807 (1) (a) of the statutes is amended to read:

AB327,168,20 196.807 (1) (a) "Affiliate or utility" means a nonutility affiliate, holding company system, public utility or cooperative association organized under ch. 185 or 193.

AB327, s. 124 Section 124. 196.857 (1g) (c) of the statutes is amended to read:

AB327,168,24 196.857 (1g) (c) The commission shall conduct classroom and on-farm stray voltage training sessions for public utilities, cooperatives, unincorporated cooperative associations, electricians or other interested parties.

AB327, s. 125 Section 125. 196.857 (2m) of the statutes is amended to read:

AB327,169,8 196.857 (2m) Additional investigations. If the commission, at the request of an electric cooperative organized under ch. 185 or 193 or any public utility which is not assessed under sub. (1m), conducts an investigation of the causes of stray voltage on any farm receiving electrical service from that electric cooperative or public utility, that electric cooperative or public utility shall pay reasonable fees assessed by the commission in accordance with a standardized schedule of fees established by the commission by rule. The amounts received under this subsection shall be credited to the appropriation account under s. 20.155 (1) (L).

AB327, s. 126 Section 126. 199.03 (12) of the statutes is amended to read:

AB327,169,18 199.03 (12) "Public utility" means any person, except a town, village, city or sanitary district, who owns, operates, manages or controls any plant or equipment or any part of a plant or equipment, within the state for the production, transmission, delivery or furnishing of heat, light, water, telecommunications service or power either directly or indirectly to or for the public. "Public utility" includes any person engaged in the transmission or delivery of natural gas for compensation within this state by means of pipes or mains. "Public utility" does not include a cooperative association organized under ch. 185 or 193 for the purpose of generating, distributing or furnishing telecommunications service or electric energy to its members only.

AB327, s. 127 Section 127. 201.01 (3) (d) of the statutes is amended to read:

AB327,169,21 201.01 (3) (d) Any securities issued by a corporation organized under ch. 185 or 193 for the purpose of furnishing telecommunications service in rural areas.

AB327, s. 128 Section 128. 223.105 (1) (b) of the statutes is amended to read:

AB327,170,3 223.105 (1) (b) "Organization" means any corporation, unincorporated cooperative association, limited liability company, association, partnership or business trust, other than a national bank, state or federal savings and loan association, state or federal savings bank or federal credit union or other than a corporation, limited liability company, association or partnership, all of whose shareholders or members are licensed under SCR 40.02.

AB327, s. 129 Section 129. 231.35 (2) (b) of the statutes is amended to read:

AB327,170,6 231.35 (2) (b) A cooperative organized under ch. 185 or 193 that consists of one or more rural hospitals, each with no more than 100 beds.

AB327, s. 130 Section 130. 234.59 (1) (d) 3. of the statutes is amended to read:

AB327,170,10 234.59 (1) (d) 3. A dwelling unit in a condominium or, a cooperative, or an unincorporated cooperative association, together with an interest in common areas, if the unit is or will be the principal residence of an applicant.

AB327, s. 131 Section 131. 234.622 (7) of the statutes is amended to read:

AB327,170,21 234.622 (7) "Qualifying dwelling unit" means a dwelling unit, not including a mobile home as defined in s. 66.0435, located in this state, habitable as a permanent residence and to which property taxes or special assessments are, or may conveniently be, allocated and up to one acre of land appertaining to it held in the same ownership as the dwelling unit. For purposes of ss. 234.621 to 234.626, "qualifying dwelling unit" includes a unit in a condominium or in a cooperative or an unincorporated cooperative association or in a multi-unit dwelling with 4 or fewer units, but in all of these 3 cases only the portion of taxes or special assessments allocable to the unit lived in by the participant may qualify for loans under ss. 234.621 to 234.626.

AB327, s. 132 Section 132. 285.41 (1) (f) of the statutes is amended to read:

AB327,171,2 285.41 (1) (f) "Major utility" means a Class A utility, as defined under s. 199.03 (4), which generates electricity or an electrical cooperative association organized under ch. 185 or 193, if the total sulfur dioxide emissions from all stationary air contaminant sources in this state under the ownership or control of the utility or association exceeded 5,000 tons in any year after 1979.

AB327, s. 133 Section 133. 289.41 (1) (d) of the statutes is amended to read:

AB327,171,5 289.41 (1) (d) "Public utility" means a public utility as defined in s. 196.01 (5) or an electric cooperative organized under ch. 185 or 193.

AB327, s. 134 Section 134. 346.50 (1) (c) of the statutes is amended to read:

AB327,171,14 346.50 (1) (c) The vehicle of a public utility, as defined in s. 196.01 (5), a telecommunications carrier, as defined in s. 196.01 (8m), or a rural electric cooperative or an unincorporated rural electric cooperative association is stopped or left standing and is required for maintenance, installation, repair, construction or inspection of its facilities by the public utility or a rural electric cooperative or an unincorporated rural electric cooperative association when warning signs, flags, traffic cones, or flashing yellow lights or barricades, have been placed to warn approaching motorists of any obstruction to the traveled portion of the highway.

AB327, s. 135 Section 135. 347.26 (9) of the statutes is amended to read:

AB327,172,4 347.26 (9) Warning lamps on public utility and cooperative vehicles. Any vehicle of a public utility as defined in s. 196.01 (5), of a telecommunications carrier, as defined in s. 196.01 (8m), or of a cooperative association organized under ch. 185 or 193 for the purpose of producing or furnishing heat, light, power or water to its members, which by reason of its use upon a highway creates a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing may be equipped with a flashing amber lamp of the dome type or with 2 flashing amber lamps, one showing to the front and one showing to the rear. Such lamps shall be mounted approximately midway between the extremities of the width of the vehicle and at the highest practicable point and shall be used only for the purpose of warning operators of other vehicles of the presence of the traffic hazard. Should such vehicle be of a type so as to make impractical the mounting of such lamps midway between the extremities of the width of the vehicle then such mountings shall be made at or near the upper left front and rear corners of such vehicle.

AB327, s. 136 Section 136. 421.202 (3) of the statutes is amended to read:

AB327,172,11 421.202 (3) Charges for delayed payment and any discount allowed for early payment in transactions under public utility or common carrier tariffs if a subdivision or agency of this state or of the United States regulates such charges or discounts, or if such charges or discounts are made in connection with the furnishing of electric service by an electric cooperative organized and operating on a nonprofit basis under ch. 185 or 193;

AB327, s. 137 Section 137. 421.301 (28) of the statutes is amended to read:

AB327,172,16 421.301 (28) "Organization" means a corporation, government or governmental subdivision or agency, trust, estate, limited liability company, partnership, cooperative or association other than a cooperative organized under ch. 185 or 193 which has gross annual revenues not exceeding $5 million.

AB327, s. 138 Section 138. 445.01 (8) of the statutes is amended to read:

AB327,172,19 445.01 (8) "Person" includes firm, corporation, partnership, cooperative, unincorporated cooperative association, and association of individuals.

AB327, s. 139 Section 139. 445.12 (3) (a) of the statutes is amended to read:

AB327,172,23 445.12 (3) (a) The solicitation of memberships or the sale of stock or memberships in any association organized under ch. 185 or 193 by any person who is not a licensed funeral director.

AB327, s. 140 Section 140. 551.22 (12) of the statutes is amended to read:

AB327,173,2 551.22 (12) Any securities of a cooperative corporation organized under ch. 185 or 193.

AB327, s. 141 Section 141. 560.16 (1) (c) (intro.) of the statutes is amended to read:

AB327,173,8 560.16 (1) (c) (intro.) "Employee-owned business" means a business located in this state which is organized in a manner determined by the secretary to involve substantial employee participation or a cooperative organized under ch. 185 or 193 or a corporation in which the employees own the stock of the corporation through an employee stock ownership plan as defined under 26 USC 4975 (e) (7) and in which:

AB327, s. 142 Section 142. 560.17 (1) (b) of the statutes is amended to read:

AB327,173,10 560.17 (1) (b) "Business" includes cooperatives organized under ch. 185 or 193.

AB327, s. 143 Section 143. 560.9801 (1) (b) of the statutes is amended to read:

AB327,173,12 560.9801 (1) (b) A nonprofit cooperative organized under ch. 185 or 193.

AB327, s. 144 Section 144. 560.9801 (3) (a) 7. of the statutes is amended to read:

AB327,173,16 560.9801 (3) (a) 7. If the housing is owned and occupied by members of a cooperative or an unincorporated cooperative association, fees paid to a person for managing the housing.

AB327, s. 145 Section 145. 560.9804 (2) (e) of the statutes is amended to read:

AB327,173,20 560.9804 (2) (e) A cooperative organized under ch. 185 or 193, if the articles of incorporation, articles of organization, or bylaws of the cooperative limit the rate of dividend that may be paid on all classes of stock.

AB327, s. 146 Section 146. 609.01 (2) of the statutes is amended to read:

AB327,174,2 609.01 (2) "Health maintenance organization" means a health care plan offered by an organization established under ch. 185 or 193, 611, 613 or 614 or issued a certificate of authority under ch. 618 that makes available to its enrollees, in consideration for predetermined periodic fixed payments, comprehensive health care services performed by providers participating in the plan.

AB327, s. 147 Section 147. 609.01 (4) of the statutes is amended to read:

AB327,174,10 609.01 (4) "Preferred provider plan" means a health care plan offered by an organization established under ch. 185 or 193, 611, 613, or 614 or issued a certificate of authority under ch. 618 that makes available to its enrollees, without referral and for consideration other than predetermined periodic fixed payments, coverage of either comprehensive health care services or a limited range of health care services, regardless of whether the health care services are performed by participating or nonparticipating providers.

AB327, s. 148 Section 148. 616.09 (1) (c) 1. of the statutes is amended to read:

AB327,174,16 616.09 (1) (c) 1. Plans authorized under s. 616.06 are subject to ch. 185 or 193, as applicable, except that ss. 185.03 (5) and (6), 185.05 (1) (c), 185.55, 185.61, 185.62, 185.63, 185.64, 185.71 to 185.76 and, 185.81, 193.151, 193.215 (2) (a) 2., 193.225, 193.301 (9), 193.801, 193.805, 193.905 to 193.971, and those provisions applicable to cooperatives or unincorporated cooperative associations with stock do not apply.

AB327, s. 149 Section 149. 706.05 (2m) (b) 2. of the statutes is amended to read:

AB327,174,21 706.05 (2m) (b) 2. Descriptions of property that is subject to liens granted on property thereafter acquired by a rural electric cooperative, or a telephone cooperative, organized under ch. 185 or 193, by a pipeline company under s. 76.02 (5), by a public utility under s. 196.01 (5) or by a railroad under s. 195.02 (1) or (5).

AB327, s. 150 Section 150. 706.09 (3) (a) of the statutes is amended to read:

AB327,175,4 706.09 (3) (a) Public service corporations, railroads, electric cooperatives, trustees, governmental units. While owned, occupied or used by any public service corporation, any railroad corporation as defined in s. 195.02, any electric cooperative organized and operating on a nonprofit basis under ch. 185 or 193, or any trustee or receiver of any such corporation or electric cooperative, or any mortgagee or trust deed trustee or receiver thereof; nor any such interest while held by the United States, the state or any political subdivision or municipal corporation thereof; or