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2023 Wisconsin Statutes & Annotations › Chapter 199 - Citizens utility board. › 199.02 - Purpose.

199.02
Purpose.
The purpose of this chapter is to promote the health, welfare and prosperity of all the citizens of this state by ensuring effective and democratic representation of individual farmers and other individual residential utility consumers before regulatory agencies, the legislature and other public bodies and by providing for consumer education on utility service costs and on benefits and methods of energy conservation. Such purpose shall be deemed a statewide interest and not a private or special concern.
History:  1979 c. 72.
2023 Wisconsin Statutes & Annotations › Chapter 199 - Citizens utility board. › 199.04 - Citizens utility board: formation and membership.

199.04
Citizens utility board: formation and membership.
(1)
There is created a nonprofit public body corporate and politic to be known as the “Citizens Utility Board". Any residential utility consumer at least 18 years old who has contributed at least $3 but not more than $100 in membership fees to the corporation in the preceding 12 months shall be a member of the corporation. A member may resign from membership at any time.
(2)
Notwithstanding any other provision of this chapter or any other provision of law, if the corporation does not receive contributions from at least 1,000 citizens of this state within 5 years of November 29, 1979, and if the corporation does not receive at least $10,000 within 5 years of November 29, 1979, the corporation shall be dissolved.
History:  1979 c. 72.
The creation of the citizens utility board is constitutional. 69 Atty. Gen. 153.
The board legally dissolved and reorganized as a non-stock, non-profit corporation. 75 Atty. Gen. 168.
2023 Wisconsin Statutes & Annotations › Chapter 199 - Citizens utility board. › 199.05 - Powers and duties.

199.05
Powers and duties.
(1)
The corporation shall:
(a)
Represent and protect the interests of the residential utility consumers of this state. All actions by the corporation under this chapter shall be directed toward such duty.
(b)
Inform, insofar as possible, all residential utility consumers about the corporation, including the procedure for obtaining membership in the corporation.
(c)
Make available to all residential utility consumers information on utility service costs and on benefits and methods of energy conservation.
(2)
The corporation shall have all the powers necessary or convenient for the effective representation and protection of the interests of residential utility consumers and to implement this chapter, including the following powers in addition to all other powers granted by this chapter:
(a)
To make, amend and repeal bylaws and rules for the regulation of its affairs and the conduct of its business; to adopt an official seal and alter it at pleasure; to maintain an office; to sue and be sued in its own name, plead and be impleaded; and to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the corporation.
(b)
To employ such agents, employees and special advisers as it finds necessary and to fix their compensation.
(c)
To solicit and accept gifts, loans or other aid in order to support activities concerning the interests of residential utility consumers, except that the corporation may not accept gifts, loans or other aid from any public utility or from any director, employee or agent or member of the immediate family of a director, employee or agent of any public utility and except that after the first election under s. 199.12 the corporation may not accept from any individual, private corporation, association or partnership in any single year a total of more than $1,000 in gifts. Under this paragraph, “aid" does not mean payment of membership fees under s. 199.04.
(d)
To intervene as a party or otherwise participate on behalf of residential utility consumers in any proceeding which affects the interests of residential utility consumers.
(e)
To represent the interests of residential utility consumers before legislative bodies and other public bodies, except that no director, employee or agent of the corporation may engage in lobbying without first complying with subch. III of ch. 13 and any other statute, administrative rule or other regulation relating to lobbying.
(f)
To implement solicitation for corporation funding under s. 199.10.
(g)
To seek tax exempt status under state and federal law.
History:  1979 c. 72.
2023 Wisconsin Statutes & Annotations › Chapter 199 - Citizens utility board. › 199.075 - Executive director; qualifications; method of hire.

199.075
Executive director; qualifications; method of hire.
(1)
The executive director hired by the board under s. 199.07 shall have the same qualifications as a director under s. 199.06 (2), except that the executive director need not be a resident of this state nor a member of the corporation. The executive director may not be a candidate for director while serving as executive director.
(2)
To hire the executive director under s. 199.07, the board shall:
(a)
Notify every member and the public at large of a vacancy in the position of executive director of the corporation and the minimum qualifications necessary to perform the job. The notice shall be distributed at least 30 days prior to any deadline set for applications for the position.
(b)
Administer to all applicants for the position of executive director of the corporation who appear to have the minimum qualifications enumerated in the notice of the vacancy under par. (a) a standard examination which accurately measures such qualifications and which is designed for no other purpose. The examination may include but may not be limited to an oral interview. If any person eligible to take the examination under this paragraph is unable to complete the examination in the form presented to the person due to a physical or developmental disability, the board shall administer the examination in a form suitable to the person's abilities.
(c)
Notify all applicants for the position of executive director of the corporation who are not hired under this section of the name of the person hired and the person's qualifications for the position.
(d)
Adhere to subch. II of ch. 111 and any other applicable state or federal law prohibiting discrimination in employment.
(3)
The board shall require all applicants for the position of executive director of the corporation to file a financial statement which includes the information required under s. 199.12 (4). The board shall require the executive director to file a current statement annually.
History:  1979 c. 72; 1981 c. 334 s. 25 (2).
2023 Wisconsin Statutes & Annotations › Chapter 199 - Citizens utility board. › 199.08 - Annual membership meeting.

199.08
Annual membership meeting.
All members shall be eligible to attend, participate in and vote in the annual membership meeting called by the board under s. 199.07 (3). The form of the meeting shall be as provided under subch. VII of ch. 181. The meeting shall be open to the public and shall be held in different districts on a rotating basis.
History:  1979 c. 72; 1997 a. 79.
2023 Wisconsin Statutes & Annotations › Chapter 199 - Citizens utility board. › 199.105 - Prohibited acts.

199.105
Prohibited acts.
(1)
No person may interfere or threaten to interfere with or cause any interference with the utility service of or penalize or threaten to penalize or cause to be penalized any person who contributes to the corporation or participates in any of its activities, in retribution for such contribution or participation.
(2)
No person may act with intent to prevent, interfere with or hinder the activities permitted under s. 199.10.
(3)
A person who violates this section may be fined not more than $1,000. Each such violation shall constitute a separate and continuing violation of this chapter. A person who knowingly and willfully violates this section may be imprisoned not more than 6 months.
History:  1979 c. 72.
2023 Wisconsin Statutes & Annotations › Chapter 199 - Citizens utility board. › 199.11 - Appointment of interim directors.

199.11
Appointment of interim directors.
(1)
Within 90 days after November 29, 1979 an interim board of directors shall be nominated by the governor, and with the advice and consent of the senate appointed to serve until the board is first elected under s. 199.12 as follows: one director shall be nominated by the governor; 2 directors each shall be nominated by the governor from each list of not more than 5 names per director position submitted individually by the president of the senate and the speaker of the assembly; one director each shall be nominated from each list of not more than 5 names submitted individually by the majority leader of the senate and the majority leader of the assembly and by the minority leader of the senate and the minority leader of the assembly. No person who is a director, employee or agent of any public utility is eligible to be a director appointed under this section. No interim director appointed under this section may hold an elective position, be a candidate for any elective position, or be a state public official as defined in s. 19.42 (14). No interim director may be a candidate in the first election under s. 199.12.
(2)
The interim board appointed under this section shall:
(a)
As soon as possible after appointment, organize for the transaction of business.
(b)
Inform the residential utility consumers of this state of the existence, nature and purposes of the corporation, and encourage residential utility consumers to join the corporation, to participate in the corporation's activities and to contribute to the corporation.
(c)
Elect officers under s. 199.13.
(d)
Employ such staff as the directors deem necessary to carry out the purposes of this chapter. The interim board appointed under this section shall follow the procedures required under s. 199.075 if it hires an executive director of the corporation.
(e)
Make all necessary preparations for the first election of directors, oversee the election campaign and tally the votes under s. 199.12.
(f)
Solicit funds for the corporation.
(g)
Designate by a random method in accordance with the requirements of s. 199.06 (1) (b) the length of the term of office of each director position to be filled in the first election of directors and include the designation with notice of the date of the first election of directors under s. 199.12 (1) (a).
(h)
Carry out all other duties and exercise all other powers accorded to the board under this chapter.
History:  1979 c. 72.
2023 Wisconsin Statutes & Annotations › Chapter 199 - Citizens utility board. › 199.125 - Public records.

199.125
Public records.
Statements filed with the corporation under ss. 199.07 (2) (g), 199.074 and 199.12 (4), (5) and (6) (e) shall be available for public inspection at the office of the corporation during reasonable hours of the day. Such records may be copied. The corporation may charge a reasonable fee for the cost of such copies.
History:  1979 c. 72.
2023 Wisconsin Statutes & Annotations › Chapter 199 - Citizens utility board. › 199.13 - Board officers.

199.13
Board officers.
(1)
Election. The interim board of directors and the board of directors, at the first regular meeting of each at which a quorum is present, shall elect by a majority vote of the directors present and voting a president, vice president, secretary and treasurer. The board may elect such other officers as it deems necessary.
(2)
Term of office; removal.
(a)
Board officers shall begin serving immediately upon their election and their term of office shall be one year. An officer may resign or may be removed from office by a two-thirds vote of all the directors. After his or her term of office has expired, a board officer shall continue to serve until his or her successor is elected.
(b)
If a board office is vacant, the board shall elect a successor to serve out the term of the office.
(3)
Powers and duties. Board officers shall exercise powers and perform duties as prescribed by this chapter or as delegated to them by the board.
History:  1979 c. 72.
2023 Wisconsin Statutes & Annotations › Chapter 199 - Citizens utility board. › 199.14 - Corrupt practices and conflicts of interest.

199.14
Corrupt practices and conflicts of interest.
(1)
No person may offer or give anything of monetary value to any director, employee or agent of the corporation if the offer or gift influences, or is intended to influence, the action or judgment of the director, employee or agent of the corporation in his or her capacity as director, employee or agent of the corporation.
(2)
No director, employee or agent of the corporation may solicit or accept anything of monetary value from any person if the solicitation or acceptance influences, or is intended to influence, the official action or judgment of the director, employee or agent in his or her capacity as director, employee or agent of the corporation.
(3)
Any person who knowingly and willfully violates this section may be fined not more than $1,000 or imprisoned not more than 6 months or both.
(4)
The board shall remove from office any director convicted under this section and shall fill such office under s. 199.06 (6) (b).
History:  1979 c. 72, 177.
2023 Wisconsin Statutes & Annotations › Chapter 199 - Citizens utility board. › 199.16 - Expenses.

199.16
Expenses.
All expenses of the corporation incurred in carrying out this chapter shall be payable solely from the funding as provided under this chapter, and no liability may be incurred by the corporation beyond the extent to which moneys have been provided under this chapter except that, for the purposes of meeting the necessary expenses of initial organization and operation of the corporation for the period commencing on November 29, 1979 and continuing until the first election of the board of directors under s. 199.12, the corporation may borrow such moneys as it requires. Such moneys borrowed by the corporation shall subsequently be repaid with appropriate interest over a reasonable period of time.
History:  1979 c. 72.
2023 Wisconsin Statutes & Annotations › Chapter 199 - Citizens utility board. › 199.18 - Construction.

199.18
Construction.
(1)
This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes.
(2)
Nothing in this chapter shall be construed to limit the right of any person to initiate, intervene in, or otherwise participate in any regulatory agency proceeding or court action, nor to require any petition or notification to the corporation as a condition precedent to the exercise of such right, nor to relieve any regulatory agency or court of any obligation, or to affect its discretion, to permit intervention or participation by any person in any proceeding or action.
History:  1979 c. 72.
2023 Wisconsin Statutes & Annotations › Chapter 200 - Metropolitan sewerage districts. › 200.01 - Metropolitan sewerage districts, definitions.

200.01
Metropolitan sewerage districts, definitions.
Unless the context requires otherwise, for the purposes of this subchapter, the following terms have the designated meanings:
(1)
“Commission" means a metropolitan sewerage district commission.
(2)
“Department" means the department of natural resources.
(3)
“District" means a metropolitan sewerage district.
(4)
“Municipality" means town, village, city or county.
History:  1971 c. 276, 307; 1999 a. 150 s. 315; Stats. 1999 s. 200.01.
2023 Wisconsin Statutes & Annotations › Chapter 200 - Metropolitan sewerage districts. › 200.03 - Applicability.

200.03
Applicability.
This subchapter applies to all areas of the state except those areas included in a metropolitan sewerage district created under ss. 200.21 to 200.65.
History:  1971 c. 276; 1981 c. 282 s. 47; 1999 a. 150 s. 316; Stats. 1999 s. 200.03.
2023 Wisconsin Statutes & Annotations › Chapter 200 - Metropolitan sewerage districts. › 200.07 - Dissolution.

200.07
Dissolution.
If a district has been inactive for at least 2 years and if the department receives certified copies of a resolution recommending the dissolution of the district adopted by the governing bodies of every municipality owning or operating the district, upon a finding that all outstanding indebtedness of the district has been paid and all unexpended funds returned to the municipality which supplied them, or that adequate provision has been made therefor, the department shall either order or deny dissolution of the district.
History:  1983 a. 27; 1999 a. 150 s. 318; Stats. 1999 s. 200.07.
2023 Wisconsin Statutes & Annotations › Chapter 200 - Metropolitan sewerage districts. › 200.15 - Addition of territory.

200.15
Addition of territory.
Territory not originally within a district may be added thereto in the following ways:
(1)
(a)
Except as provided in par. (b), upon receipt by the commission, and the regional planning commission of the region within which the district or the greatest portion of the district is located, of official notice from the city, village, or town sanitary district for any of the following territories:
1.
Territory that is annexed to a city or village that is located entirely within the original district prior to the annexation.
2.
Territory that is added to a town sanitary district under s. 60.785 (1) that is located entirely within the original district prior to the addition.
3.
Territory that is annexed or attached to a city or village or added to a town sanitary district under s. 60.785 (1) if a portion of the city, village, or town sanitary district is located within a district that contains a 2nd class city with a population of 200,000 or more.
(b)
If, within 30 days after receipt of a notice under par. (a), the regional planning commission files with the commission a written objection to any part of the annexation or addition or the commission issues a written determination disapproving the addition of the territory, the territory proposed to be added or annexed under this subsection may be added or annexed only under sub. (2).
(c)
Failure of the commission to disapprove the addition of the territory under this subsection is subject to review under ch. 227.
(2)
Proceedings leading to the addition of other territory to a district may be initiated by petition from a municipal governing body or upon motion of the commission. Upon receipt of the petition or upon adoption of the motion, the commission shall hold a public hearing preceded by a class 2 notice under ch. 985. The commission may approve the annexation upon a determination that the standards of ss. 200.05 (4) (b) and (c) and 200.15 (3) are met. Approval actions by the commission under this section shall be subject to review under ch. 227.
(3)
Annexations under subs. (1) and (2) may be subject to reasonable requirements as to participation by newly annexed areas toward the cost of existing or proposed district facilities.
(4)
Section 200.09 (1) does not require the appointment of a commissioner from territory annexed under this section if that territory, on the day before the annexation, has a population of less than 8.5 percent of the total population served by the district.
History:  1971 c. 276; 1987 a. 399; 1991 a. 39; 1999 a. 150 s. 322; Stats. 1999 s. 200.15; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 200 - Metropolitan sewerage districts. › 200.31 - General duties of the commission.

200.31
General duties of the commission.
Subject to ss. 200.21 to 200.65, the commission shall:
(1)
Sewerage system functions. Project, plan, design, construct, maintain and operate a sewerage system for the collection, transmission and disposal of all sewage and drainage of the sewerage service area including, either as an integrated or as a separate feature of the system, the collection, transmission and disposal of storm water and groundwater.
(2)
Combined sewer overflow abatement. Abate combined sewer overflows to the extent necessary to comply with federal or state law.
History:  1981 c. 282, 391; 1999 a. 150 s. 581; Stats. 1999 s. 200.31.
2023 Wisconsin Statutes & Annotations › Chapter 200 - Metropolitan sewerage districts. › 200.33 - Local sewers.

200.33
Local sewers.
(1)
Duties of municipalities.
(a)
Each municipality shall construct, operate and maintain local sewers and appurtenant facilities and shall repair and rehabilitate local sewers and appurtenant local facilities.
(b)
Except as provided in sub. (2), ss. 200.21 to 200.65 do not authorize the commission to operate, maintain, rehabilitate or preserve local sewers or appurtenant local facilities constructed by a municipality or to separate combined storm and sanitary sewers.
(c)
This subsection does not prohibit the commission from operating, maintaining, rehabilitating or preserving its sewerage system.
(2)
Separating combined sewers.
(a)
Except as provided in pars. (b) to (d) and subject to s. 281.41, no commission may separate combined storm and sanitary sewers.
(b)
1.
If the commission undertakes abatement of combined sewer overflows, it shall use the most cost-effective method available.
2.
If partial or complete separation of combined storm and sanitary sewers is the most cost-effective method of abating combined sewer overflows, the commission may separate the combined sewers.
3.
If 2 or more methods of abating combined sewer overflows are approximately equally cost-effective, the commission shall select the method of abatement that involves separating the fewest linear feet of combined storm and sanitary sewers.
(c)
If separation of a combined storm and sanitary sewer is authorized under par. (b), the commission shall adopt an authorizing resolution before commencing the separation. The resolution shall include a statement that any person aggrieved may petition for judicial review under par. (d). Before adopting the resolution, the commission shall first obtain the consent of the governing body of the city, village or town in which the combined storm and sanitary sewer is located and shall hold a public hearing on the proposed resolution. The commission shall mail a notice that states the time and place of the hearing and is accompanied by a copy of the proposed resolution to the clerk of each municipality at least 30 days before the hearing. The notice shall include a statement that judicial review of the commission's decision is available, as provided in par. (d). The commission shall also publish a copy of the notice and the proposed resolution as a class 2 notice under ch. 985 within the district. The date of the first publication shall be at least 30 days prior to the date of the hearing.
(d)
Any person aggrieved by the decision of the commission to separate a combined storm and sanitary sewer may file a petition for judicial review in the circuit court for the county in which the district is located. Nothing in this paragraph affects any review under s. 281.41.
History:  1981 c. 282, 391; 1995 a. 227; 1999 a. 150 s. 582; Stats. 1999 s. 200.33.
2023 Wisconsin Statutes & Annotations › Chapter 200 - Metropolitan sewerage districts. › 200.41 - Noncontractual sewerage service.

200.41
Noncontractual sewerage service.
(1)
Notwithstanding ss. 66.0821 and 200.55 (5), if the commission establishes a system to recover capital costs within the district on the basis of the value of property in the area to be served, as equalized under s. 70.57, the commission shall establish a system of sewerage service charges to recover capital costs which shall be used with respect to any area which is served by the district and which is outside the boundaries of the district and outside of any municipality which has contracted with the district under s. 200.39. The charges shall be equal to the amount the commission would be authorized to levy as taxes upon the area served if the area were within the district's boundaries.
(2)
Any charge made by the district under this section is reviewable under s. 200.59 (5) if the charge has been paid.
(3)
Section 200.55 (5) (b) and (d) apply to charges assessed under this section.
(4)
The commission may charge municipalities assessed under this section reasonable interest for late payments.
History:  1985 a. 29; 1999 a. 150 s. 586; Stats. 1999 s. 200.41.
This section is unconstitutional; it was passed in violation of Art. IV, s. 18. Brookfield v. Milwaukee Sewerage District, 144 Wis. 2d 896, 426 N.W.2d 591 (1988).
2023 Wisconsin Statutes & Annotations › Chapter 200 - Metropolitan sewerage districts. › 200.43 - Acquisition of property.

200.43
Acquisition of property.
(1)
General power of the commission. The commission may acquire by gift, purchase, lease or other methods of acquisition or by condemnation, any real property situated in the state and all tenements, hereditaments and appurtenances belonging or in any way appertaining to, or in any interest, franchise, easement, right or privilege therein, that may be needed for the purpose of projecting, planning, constructing and maintaining the sewerage system, that may be needed for the collection, transmission or disposal of all sewage or drainage of the district or that may be needed for improving any river or stream within the district under s. 200.35 (8) (a) or (b).
(2)
Altering streams over private lands. No stream over private lands may be altered unless the commission acquires the lands under sub. (1) or unless the governing body of the village, town or city in which the stream is located approves the proposed alteration.
(3)
Condemnation. Section 32.05 controls the process of condemnation under this section. The commission shall establish the public necessity for any acquisition by condemnation.
(4)
Conveyance of property acquired. All property, real or personal, acquired by the commission shall be taken for the benefit of and shall belong to the district. The commission may convey any part of its interest in real or personal property it has acquired that is not needed to carry out the powers and duties of the commission.
History:  1981 c. 282, 391; 1999 a. 150 s. 587; Stats. 1999 s. 200.43.
2023 Wisconsin Statutes & Annotations › Chapter 200 - Metropolitan sewerage districts. › 200.51 - Commission employees.

200.51
Commission employees.
(1)
General powers of the commission. The commission may appoint or employ professional or technical advisers and experts and other personnel the commission requires for the proper execution of its duties under this subchapter, fix their compensations and remove or discharge the employees at pleasure.
(2)
Fixed period appointments. The commission may appoint or employ highly trained, experienced or skilled employees for fixed periods.
(3)
Indemnity bonds. The commission may require any employee to provide an indemnity bond in an amount the commission finds appropriate for the proper performance of the employee's duties. No law respecting civil service applies to the commission or to the commission's employees.
(4)
Retirement benefits. Any employee of the district hired on or after April 26, 1982, is eligible to participate in any compensation or benefit program in which employees of a sewerage commission of a 1st class city under ss. 62.60 to 62.27, 1979 stats., participated, and such program shall treat the employee as eligible to participate in such program. If an employee of the district is receiving retirement benefits from such a program at the time of employment by the district, such employee is not eligible to participate in the program unless the employee elects to suspend his or her retirement benefit payments during his or her employment by the district.
History:  1981 c. 282, 391; 1985 a. 175; 1999 a. 150 s. 593; Stats. 1999 s. 200.51.
2023 Wisconsin Statutes & Annotations › Chapter 200 - Metropolitan sewerage districts. › 200.53 - Capital budget.

200.53
Capital budget.
(1)
Annual adoption. Annually on or before September 1, the commission shall adopt a capital budget for the benefit of the district, setting forth the anticipated revenues and expenditures for the ensuing fiscal year.
(2)
Capital transfers. During the budget year the commission may, with the concurrence of two-thirds of its members, transfer amounts from one capital account to another if it finds that the funds are not necessary to meet outstanding obligations payable from the account. Nothing in this subsection impairs, or authorizes the commission to impair, any contractual obligation entered into by the commission or the district.
History:  1981 c. 282, 391; 1999 a. 150 s. 594; Stats. 1999 s. 200.53.
2023 Wisconsin Statutes & Annotations › Chapter 200 - Metropolitan sewerage districts. › 200.57 - Minority financial advisers and investment firms and disabled veteran-owned businesses.

200.57
Minority financial advisers and investment firms and disabled veteran-owned businesses.
(1)
In this section:
(a)
“Disabled veteran-owned financial adviser" and “disabled veteran-owned investment firm" mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.283 (3).
(b)
“Minority financial adviser" and “minority investment firm" mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.287 (2).
(2)
The commission shall attempt to ensure that 5 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of minority financial advisers or minority investment firms.
(3)
The commission shall make efforts to ensure that at least 1 percent of the total funds expended for financial and investment analysis and for common stock and convertible bond brokerage commissions in each fiscal year is expended for the services of disabled veteran-owned financial advisers or disabled veteran-owned investment firms.
History:  1991 a. 39; 1995 a. 27, s. 9116 (5); 1999 a. 150 s. 596; Stats. 1999 s. 200.57; 2009 a. 299; 2011 a. 32; 2011 a. 260 s. 80; 2013 a. 192.
2023 Wisconsin Statutes & Annotations › Chapter 200 - Metropolitan sewerage districts. › 200.61 - Judicial review of compliance schedules.

200.61
Judicial review of compliance schedules.
If a court-ordered schedule of compliance affecting the district is reviewed by a court, the court shall take into consideration the availability of state and federal grant funds used to comply with the schedule, the timely achievement of state and federal clean water goals and equity with the efforts of other cities, villages, towns, sanitary districts and metropolitan sewerage districts to comply with the requirements to achieve these goals. In its review the court shall determine what, if any, effect the availability of state and federal grant funds has on the compliance schedule.
History:  1981 c. 282; 1999 a. 150 s. 598; Stats. 1999 s. 200.61.
Federal and state sewage law is discussed. Milwaukee v. Illinois, 451 U.S. 304 (1981).
2023 Wisconsin Statutes & Annotations › Chapter 200 - Metropolitan sewerage districts. › 200.63 - Construction.

200.63
Construction.
Nothing in ss. 200.21 to 200.61 in any way limits or takes away any of the powers of any municipality located in the district, relating to the construction, extension or repair of local or sanitary sewers or drains except that all plans and specifications for the construction of any local or sanitary sewers or extensions thereof shall be submitted to and approved in writing by the district before the sewers are constructed.
History:  1981 c. 282; 1999 a. 150 s. 599; Stats. 1999 s. 200.63.
2023 Wisconsin Statutes & Annotations › Chapter 200 - Metropolitan sewerage districts. › 200.65 - Validation of debt; liability for diverting funds.

200.65
Validation of debt; liability for diverting funds.
(1)
Debt validation. No legislative, judicial or administrative determination that a district may not spend borrowed money or that a district has spent borrowed money for a purpose other than the stated purpose for which it was borrowed affects the validity of the obligation or the evidence of indebtedness therefor.
(2)
Limitations on actions to contest debts. Section 893.77 applies to all borrowing by a district and to all evidences of indebtedness given therefor.
(3)
Impairments of borrowed money funds.
(a)
Any person participating in any impairment of or diversion from a borrowed money fund, debt service fund, special redemption fund, bond security or similar fund of the district is liable in an action brought by a party listed under par. (b) for the cost of restoring the fund to its proper level.
(b)
The commission, any taxpayer of the district or any holder of an evidence of indebtedness payable in whole or in part out of the fund that is impaired or diverted may commence an action under par. (a).
History:  1981 c. 282, 391; 1983 a. 207 s. 93 (8); 1999 a. 150 s. 600; Stats. 1999 s. 200.65.
2023 Wisconsin Statutes & Annotations › Chapter 201 - Securities of public service corporations. › 201.02 - Power of alienation, state control.

201.02
Power of alienation, state control.
The power to create liens or mortgages on corporate property by public service corporations in this state, or to deed such property in trust, or to issue capital stock, is a special privilege, the right of supervision, regulation, restriction and control of which shall be vested in the state, and such power shall be exercised according to the provisions of these statutes.
History:  1997 a. 140 s. 11; Stats. 1997 s. 200.02; 1999 a. 150 s. 653; Stats. 1999 s. 201.02.
2023 Wisconsin Statutes & Annotations › Chapter 201 - Securities of public service corporations. › 201.03 - Issue of securities.

201.03
Issue of securities.
(1)
No securities shall be issued by any public service corporation until it shall first have obtained from the commission, and recorded upon its books a certificate authorizing such issue; and the commission shall not authorize the issuance of securities for any purposes which are not proper corporate purposes, or in an amount greater than is reasonably necessary for such corporate purposes, having in view the immediate requirements of the corporation and its prospective requirements over a reasonable period in the future, and other relevant considerations.
(2)
All securities issued in violation of any of the provisions of this chapter shall be void.
History:  1997 a. 140 s. 11; Stats. 1997 s. 200.03; 1999 a. 150 s. 653; Stats. 1999 s. 201.03.
Securities valid when issued will not be voided by sub. (2) if the issuance has not been stayed. Wisconsin Electric Power Co. v. Bardwell, 71 Wis. 2d 718, 239 N.W.2d 78 (1976).
Sub. (1) does not violate the interstate commerce clause of the U.S. constitution. Alliant Energy Corporation v. Bie, 330 F.3d 904 (2003).
2023 Wisconsin Statutes & Annotations › Chapter 201 - Securities of public service corporations. › 201.04 - Consideration for securities.

201.04
Consideration for securities.
(1)
No securities shall be issued by any public service corporation except for money, property or services actually received by it. The amount of money, and the value of the property or the services to be so received shall be:
(a)
In case of stock having a par value, not less than the par value thereof;
(b)
In case of stock having no par value, not less than the amount specified in the commission's certificate of authority as the selling price of the stock; and
(c)
In case of evidences of indebtedness, a sum that the commission determines to be a reasonable price, but in any event not less than 75 percent of their face value.
(2)
The limitations of this section shall not apply to the sale of evidences of indebtedness of a public service corporation by way of enforcement of a pledge of the evidences of indebtedness, made by the corporation pursuant to a certificate of authority issued by the commission, as security for lawful indebtedness of the corporation; but in all such cases the instrument of pledge shall contain a provision to the effect that none of the pledged securities shall be sold or become the absolute property of the pledgee, either directly or indirectly, except at public sale, notice whereof shall be published as a class 3 notice, under ch. 985, in the place where the sale shall take place, and further to the effect that the sale shall not be made below the price fixed therefor by the commission in its certificate authorizing the pledging of the securities.
History:  1995 a. 225; 1997 a. 140 s. 11; Stats. 1997 s. 200.04; 1999 a. 150 s. 653; Stats. 1999 s. 201.04.
2023 Wisconsin Statutes & Annotations › Chapter 201 - Securities of public service corporations. › 201.05 - Securities.

201.05
Securities.
(1)
Application to issue. Any public service corporation desiring to issue securities shall file with the commission an application verified by its president or vice president and its secretary or assistant secretary or by the signers of its articles of organization if it has not yet elected officers, setting forth:
(a)
The amount and character of the proposed securities;
(b)
The purposes for which they are to be issued;
(c)
The terms on which they are to be issued, including a detailed description and a detailed statement of the value of any property or services that are to be received in full or partial payment therefor, and of any property or services already received by the corporation, the cost of which is to be reimbursed to the corporation by the proceeds of such securities; and
(d)
A statement of the assets and liabilities of the corporation as of the most recent available date, together with such further financial information as the commission may require.
(2)
Hearings and inquiries. In order to determine whether the proposed issue complies with the provisions of this chapter, the commission may make such inquiry or investigation, hold such hearings, and examine such witnesses, books, papers, documents or contracts, as it may deem material. It shall determine the value of any property or services for which the securities, in whole or in part, are to be issued. It may also make a valuation, in detail, of all property of the corporation and may determine the full amount of its liabilities if deemed pertinent.
(3)
Valuation of franchises. In determining the value of property under this chapter, no franchise to be a corporation and no franchise or privilege granted to a corporation shall be appraised at more than the sum paid therefor to the state or municipality granting the same.
(4)
Classes proportionate. The amount of securities of each class which any public service corporation may issue shall bear a reasonable proportion to each other and to the value of the property, due consideration being given to the nature of the business of the corporation, its credit and prospects, the possibility that the value of the property may change from time to time, the effect which such issue will have upon the management and operation of the corporation by reason of the relative amount of financial interest which the various classes of stockholders will have in the corporation, and other considerations deemed relevant by the commission. The provisions of this subsection shall not apply to common stock issued by a public service corporation which has issued or proposes to issue its notes, bonds or other evidences of indebtedness to the United States of America in connection with loans for rural telecommunications facilities made pursuant to the rural electrification act of 1936, as amended.
History:  1985 a. 297 s. 76; 1985 a. 332; 1997 a. 140 s. 11; Stats. 1997 s. 200.05; 1999 a. 150 s. 653; Stats. 1999 s. 201.05.
2023 Wisconsin Statutes & Annotations › Chapter 201 - Securities of public service corporations. › 201.06 - Certificate of authority, impounding securities.

201.06
Certificate of authority, impounding securities.
(1)
(a)
Upon the conclusion of its investigation, if the commission shall find that the proposed issue complies with the provisions of this chapter and that the financial condition, plan of operation and proposed undertakings of the corporation will afford reasonable protection to purchasers of the securities to be issued, the commission shall issue to the corporation a certificate of authority stating all of the following:
1.
The amount of securities reasonably necessary and the character of the securities.
2.
The purposes for which the securities are to be issued in such detail as the commission may consider necessary.
3.
The terms on which the securities are to be sold or otherwise disposed of, including a description and a determination of the value of any property or services to be received in partial or full payment therefor.
(b)
A corporation shall not issue the securities on any other terms or for any other purposes than that stated in the certificate issued under par. (a).
(c)
If any portion of the securities authorized by the certificate are evidences of indebtedness which are to be pledged to secure lawful obligations of the applicant, the commission in its certificate shall state the minimum price at which the securities may be sold in the event of any enforcement of the pledge. If the purpose of the issue is, in whole or in part, to provide funds for properties to be constructed or acquired, the commission may, if it finds that the public interest so requires, require the applicant to impound the proceeds of the securities, or furnish suitable bonds to guarantee the completion of the project, under conditions that the commission finds to be reasonable and specifies in the certificate.
(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. 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.
History:  1995 a. 225; 1997 a. 140 s. 12; Stats. 1997 s. 200.06; 1999 a. 150 s. 654, 655; Stats. 1999 s. 201.06.
2023 Wisconsin Statutes & Annotations › Chapter 201 - Securities of public service corporations. › 201.07 - Securities accounted for.

201.07
Securities accounted for.
The commission may by provision inserted in its certificate of authority require issuers to account for the disposition of all securities requiring its approval. If the securities are issued for money, it may require the issuer to report the price at which the securities were issued, the amount of securities so issued, and the amount of cash which has been received; if they are issued for the refunding or discharge of securities or other indebtedness it may require the issuer to report the amount of securities issued for such purpose, the price at which issued, and the amount and nature of securities or other indebtedness refunded or discharged by such issuance; if they are issued for the acquisition of property or services it may require the issuer to report the amount of securities issued for such purpose, the price at which issued, and information regarding the property or services for which such securities were issued.
History:  1997 a. 140 s. 13; Stats. 1997 s. 200.07; 1999 a. 150 s. 656; Stats. 1999 s. 201.07.
2023 Wisconsin Statutes & Annotations › Chapter 201 - Securities of public service corporations. › 201.08 - Court review.

201.08
Court review.
Any action of the commission under the provisions of this chapter shall be subject to review in the manner provided in ch. 227.
History:  1997 a. 140 s. 13; Stats. 1997 s. 200.08; 1999 a. 150 s. 656; Stats. 1999 s. 201.08.
2023 Wisconsin Statutes & Annotations › Chapter 201 - Securities of public service corporations. › 201.09 - Penalties.

201.09
Penalties.
(1)
Any public service corporation, or any agent, director or officer of a public service corporation, who shall directly or indirectly, issue or cause to be issued, any securities for whose issuance a certificate is required contrary to the provisions of this chapter, or who shall apply the proceeds from the sale of the securities to any purpose other than that specified in the certificate of the commission, shall forfeit to the state not less than $500 nor more than $10,000 for each offense.
(2)
Every director, president, secretary or other official or agent of any public service corporation, who shall practice fraud or knowingly make any false statement to secure a certificate of authority to issue any security, or issue under a certificate so obtained and with knowledge of such fraud, or false statement, or negotiate, or cause to be negotiated, any security, in violation of this chapter, is guilty of a Class I felony.
History:  1997 a. 140 s. 13; Stats. 1997 s. 200.09; 1997 a. 254, 283; 1999 a. 32; 1999 a. 150 s. 656; Stats. 1999 s. 201.09; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 201 - Securities of public service corporations. › 201.10 - Fees for authority to issue securities, expenses.

201.10
Fees for authority to issue securities, expenses.
(2)
The provisions of sub. (3) shall apply to the issuance, renewal or assumption by a public service corporation which is a public utility as defined in the federal power act, of evidences of indebtedness maturing not more than one year after the date of issue, renewal or assumption thereof.
(3)
Whenever the commission deems it necessary to make an investigation of the books, accounts and practices or to make an appraisal of the property of any public service corporation which has filed an application for authority to issue any securities to which this chapter is applicable, such public service corporation shall pay all expenses reasonably attributable to such special investigation, or to such an appraisal of the property. For the purpose of calculating investigative and appraisal expenses of the commission, 90 percent of the costs determined shall be costs of the commission and 10 percent of the costs determined shall be costs of state government operations. The procedure set up by s. 195.60 or 196.85, whichever is appropriate, for the rendering and collection of bills shall be in all ways applicable to the rendering and collection of bills under this section. Ninety percent of the amounts paid to the public service commission under authority of this subsection shall be credited to the appropriation account under s. 20.155 (1) (g).
History:  1971 c. 125; 1977 c. 29; 1991 a. 269; 1993 a. 16, 123, 1997 a. 140 s. 13; Stats. 1997 s. 200.10; 1999 a. 150 s. 656; Stats. 1999 s. 201.10; 2017 a. 136.
2023 Wisconsin Statutes & Annotations › Chapter 201 - Securities of public service corporations. › 201.11 - Impaired capital.

201.11
Impaired capital.
Whenever the commission shall find that the capital of any public service corporation is impaired it may, after investigation and hearing, issue an order directing such public utility to cease paying dividends on its common stock until such impairment has been made good. Nothing in this section shall be construed to modify the requirements of ss. 180.0623 and 180.0640.
History:  1989 a. 303, 1997 a. 140 s. 13; Stats. 1997 s. 200.11; 1999 a. 150 s. 656; Stats. 1999 s. 201.11.
2023 Wisconsin Statutes & Annotations › Chapter 201 - Securities of public service corporations. › 201.12 - Judicial sale of corporation, reorganization.

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. 201.04, 201.05 and 201.06.
History:  1997 a. 140 s. 14; Stats. 1997 s. 200.12; 1997 a. 254; 1999 a. 32; 1999 a. 150 s. 657; Stats. 1999 s. 201.12.