2011 WISCONSIN ACT 155
An Act to renumber 196.395 and 196.491 (3m) (e); to renumber and amend 15.79, 134.40 (title), 134.40 (1), 134.40 (2) and 196.81 (3); to amend 196.02 (7), 196.378 (1) (fm), 196.378 (3) (a) 1., 196.378 (3) (a) 1m., 196.378 (3) (a) 2., 196.395 (title), 196.40, 196.491 (3m) (a) (intro.), 196.491 (3m) (c) 3. (intro.), 196.50 (2) (i), 196.52 (3) (b) 1., 196.795 (6m) (c), 227.48 (1) and 230.08 (2) (mL); to repeal and recreate 196.491 (3m) (e) (title); and to create 15.79 (2), 196.378 (2) (bm), 196.395 (2), 196.49 (5g), 196.49 (5r), 196.491 (3m) (e) 2., 196.52 (3) (b) 1m., 196.52 (3) (d), 196.81 (3) (b), 941.40 (2), 941.40 (3) and 941.40 (4) (b) of the statutes; relating to: commissioners of the Public Service Commission; notices, orders, and determinations of the commission; certificates of authority issued by the commission; approval of contracts by the commission; electricity sales from certain wholesale merchant plants; public utility removal of certain electric service lines; renewable resource credits; tampering or interfering with utility equipment; granting rule-making authority; and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
155,1
Section
1. 15.79 of the statutes is renumbered 15.79 (1) and amended to read:
15.79 (1) There is created a public service commission. No member of the commission may have a financial interest in a railroad, water carrier, or public utility. If any member voluntarily becomes so interested, the member's office shall become vacant. If the member involuntarily becomes so interested, the member's office shall become vacant unless the member divests himself or herself of the interest within a reasonable time. No commissioner may serve on or under any committee of a political party. Each commissioner shall hold office until a successor is appointed and qualified.
155,2
Section
2. 15.79 (2) of the statutes is created to read:
15.79 (2) A commissioner of the public service commission may not do any of the following:
(a) Be a candidate for public office in any election.
(b) Directly or indirectly solicit or receive any contribution, as defined in s. 11.01 (6), for any political purpose, as defined in s. 11.01 (16), from any person within or outside of the state.
(c) Act as an officer or manager for any candidate, political party, or committee organized to promote the candidacy of any person for any public office.
(d) Serve on or under any committee of a political party.
155,3
Section
3. 134.40 (title) of the statutes is renumbered 941.40 (title) and amended to read:
941.40 (title) Injury to wires by removal of building, etc.; tampering with telecommunication or electric wires.
155,4
Section
4. 134.40 (1) of the statutes is renumbered 941.40 (1) and amended to read:
941.40 (1) Except as provided under sub. (2) (4), any person having the right so to do who shall willfully remove or change intentionally removes or changes any building or other structure or any timber, standing or fallen, to which any telegraph, telecommunications, electric light, or electric power lines or wires are in any manner attached, or cause causes the same to be done, which shall destroy, disturb or injure and consequently destroys, disturbs, or injures the wires, poles, or other property of any telegraph, telecommunications, electric light, or electric power company, including a cooperative association organized under ch. 185, transacting business in this state, without first giving to such the company, at its office nearest to such the place of injury, at least 24 hours' previous notice thereof, shall be imprisoned not more than 30 days or fined not more than $50. And any person who shall unlawfully break down, interrupt or remove any telegraph, telecommunications, electric light or electric power line or wire or destroy, disturb, interfere with or injure the wires, poles or other property of any telegraph, telecommunications, electric light or electric power company in this state shall be imprisoned not more than 3 months or fined not more than $100 is guilty of a Class B misdemeanor.
155,5
Section
5. 134.40 (2) of the statutes is renumbered 941.40 (4) (a) and amended to read:
941.40 (4) (a) This section does
Subsections (1) and (2) do not apply to any person who is lawfully using a land survey marker for land surveying purposes no more than 30 inches below ground level.