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Bills from the 2009–10 session

Assembly Bill 857

Exemption for interstate natural gas companies from certain requirements regarding real estate transactions and court actions, creation and powers of municipal electric companies, and exemption from certificate of public convenience and necessity for certain electric transmission line projects

Topics: Cooperative associations, Court: Procedure, Electric utility, Electricity, Public utility, Real property

Became law

The governor signed it on May 19, 2010. It's ⁠.

  1. Introduced, passed

    Mar 16, 2010

  2. Committee, passed

    Approved

  3. Assembly vote, passed

    Passed Apr 13, 2010

  4. Senate vote, passed

    Passed Apr 20, 2010

  5. Governor, passed

    Signed

  6. Law, here now

    2009 Wisconsin Act 378

Latest entry in the official record, May 21, 2010: “Published 6-1-2010”

Read the bill

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Current law provides that a person who acquires an interest in property for valuable consideration without notice that there is a prior adverse interest takes the interest free and clear of the prior interest, if that prior interest is based on any of a number of situations specified in current law. Current law also provides exceptions for certain prior interests in real estate, such as real estate owned by a public service corporation, railroad corporation, electric cooperative, or the United States, the state, or a political subdivision. This bill creates an additional exception for real estate owned by a "natural gas company," as defined under a federal law that provides that "natural gas company" means a person engaged in the following: 1) the transportation of natural gas in interstate commerce; or 2) the sale in interstate commerce of natural gas for resale.

Current law also bars a person from commencing an action related to an interest in real property unless an instrument expressly referring to the existence of that interest has been recorded in the register of deeds of the county where the real estate is located within 30 years before the date of commencing the action. In addition, current law bars all claims to an interest in real property unless, within the last 30 years, an instrument has been recorded expressly referring to the interest in the real property. Current law also provides an exception to these provisions if the record title of the property remains with a railroad corporation, a public service corporation, a electric cooperative, the state, or a political subdivision of the state.

Read the full summary

This bill creates an additional exception if the record title of the property remains with a natural gas company, which is defined as described above.

Current law also allows any combination of municipalities of this state that operate electric generation, transmission, or distribution facilities to establish a municipal electric company for the joint production, transmission, or distribution of electric power for the benefit of the municipalities. Current law defines "municipality" for this purpose as a city, village, or town. This bill defines "municipality" also to include an electric utility, or combined utility, that is owned or operated by a city, village, or town. In addition, the bill allows any combination of municipalities of this state and another state to establish a municipal electric company. Current law also allows a municipal electric company to undertake certain projects and enter into certain contracts and other agreements with other persons and public agencies. Current law defines "person" to include business entities organized under the laws of any state or the United States. This bill defines "person" to also include business entities organized under the laws of any foreign nation or subdivision of any foreign nation. Current law defines "public agency" to include municipal and other governmental entities created under the laws of any state or the United States, as well as any state or the United States. The bill defines "public agency" to also include municipal and other governmental entities created under the laws of any foreign nation or subdivision of any foreign nation, as well as any foreign nation or subdivision of any foreign nation. The bill also exempts a municipal electric company from a requirement under current law to obtain the attorney general's approval prior to contracting with municipalities of other states or with federally recognized American Indian tribes or bands located in other states.

Finally, current law prohibits, with certain exceptions, a person from constructing a high-voltage transmission line unless the Public Service Commission (PSC) has granted the person a certificate of public convenience and necessity (CPCN) for the line. Current law defines "high-voltage transmission line" as an electric transmission line exceeding one mile in length that is designed for operation at a nominal voltage of 100 kilovolts or more. One of the exceptions to the CPCN requirement is for construction of a high-voltage transmission line that is designed for operation at a nominal voltage of less than 345 kilovolts. The exception applies only if all related construction activity takes place entirely within the area of an existing electric transmission line right-of-way. This bill eliminates the foregoing requirement, and provides instead that the exception applies only if the centerline of the high-voltage transmission line is located within 60 feet on either side of the centerline of an existing electric transmission line that operates at a nominal voltage of 69 kilovolts or more. In addition, for the exception to apply, the person constructing the high-voltage transmission line must demonstrate to the PSC that the project will not have undue adverse environmental impacts. Also, the person must demonstrate that the high-voltage transmission line requires the acquisition in total of one-half mile or less of rights-of-way from landowners from whom rights-of-way were not required to be acquired for the existing electric transmission line.

Who's behind it

James Soletski, a Democrat, is its ⁠.

1 more lawmaker ⁠.

See all 2 names

Author (1)

Signed on in support (1)

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There was one vote on this bill.

Assembly Committee on Energy and Utilities vote on an amendment

Passed, 12 to 0 · Apr 2, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report Assembly Amendment 1 adoption recommended by committee on Energy and Utilities, Ayes 12, Noes 0”. Official record · This vote on its own page

What happened

  1. May 21, 2010

    The new law was published.

  2. May 19, 2010

    The governor signed it. It became 2009 Wisconsin Act 378.

  3. May 13, 2010

    Sent to the governor.

  4. Apr 20, 2010

    The Senate passed it too.

  5. Apr 19, 2010

    “Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m)” (the official wording)

  6. Apr 19, 2010

    Sent to the Senate Committee on Senate Organization,.

  7. Apr 14, 2010

    Sent to the Senate Committee on Commerce, Utilities, Energy, and Rail.

  8. Apr 14, 2010

    The Senate received it.

  9. Apr 13, 2010

    The Assembly passed it.

  10. Apr 13, 2010

    The Assembly adopted it.

  11. Apr 2, 2010

    Sent to the Assembly Committee on Rules.

  12. Apr 2, 2010

    The committee voted to recommend passing it, 12 to 0.

  13. Mar 30, 2010

    The committee held a public hearing.

  14. Mar 16, 2010

    Sent to the Assembly Committee on Energy and Utilities.

  15. Mar 16, 2010

    Introduced in the Assembly.

See the official record, word for word
  1. Mar 16, 2010 · Assembly

    Introduced by Representative Soletski;Cosponsored by Senator Plale

  2. Mar 16, 2010 · Assembly

    Read first time and referred to committee on Energy and Utilities

  3. Mar 30, 2010 · Assembly

    Public hearing held

  4. Mar 30, 2010 · Assembly

    Executive action taken

  5. Mar 30, 2010 · Assembly

    Assembly amendment 1 offered by committee on Energy and Utilities

  6. Apr 2, 2010 · Assembly

    Report Assembly Amendment 1 adoption recommended by committee on Energy and Utilities, Ayes 12, Noes 0

  7. Apr 2, 2010 · Assembly

    Report passage as amended recommended by committee on Energy and Utilities, Ayes 12, Noes 0

  8. Apr 2, 2010 · Assembly

    Referred to committee on Rules

  9. Apr 7, 2010 · Assembly

    Placed on calendar 4-13-2010 by committee on Rules

  10. Apr 13, 2010 · Assembly

    Read a second time

  11. Apr 13, 2010 · Assembly

    Assembly amendment 1 adopted

  12. Apr 13, 2010 · Assembly

    Ordered to a third reading

  13. Apr 13, 2010 · Assembly

    Rules suspended

  14. Apr 13, 2010 · Assembly

    Read a third time and passed

  15. Apr 13, 2010 · Assembly

    Ordered immediately messaged

  16. Apr 14, 2010 · Senate

    Received from Assembly

  17. Apr 14, 2010 · Senate

    Read first time and referred to committee on Commerce, Utilities, Energy, and Rail

  18. Apr 19, 2010 · Senate

    Withdrawn from committee on Commerce, Utilities, Energy, and Rail and rereferred to committee on Senate Organization, pursuant to Senate Rule 46 (2)(c)

  19. Apr 19, 2010 · Senate

    Available for scheduling

  20. Apr 19, 2010 · Senate

    Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m)

  21. Apr 19, 2010 · Senate

    Placed on calendar 4-20-2010 pursuant to Senate Rule 18(1)

  22. Apr 20, 2010 · Senate

    Read a second time

  23. Apr 20, 2010 · Senate

    Ordered to a third reading

  24. Apr 20, 2010 · Senate

    Rules suspended

  25. Apr 20, 2010 · Senate

    Read a third time and concurred in

  26. Apr 20, 2010 · Senate

    Ordered immediately messaged

  27. Apr 20, 2010 · Assembly

    Received from Senate concurred in

  28. Apr 27, 2010 · Assembly

    Report correctly enrolled

  29. May 13, 2010 · Assembly

    Presented to the Governor on 5-13-2010

  30. May 19, 2010 · Assembly

    Report approved by the Governor on 5-18-2010. 2009 Wisconsin Act 378

  31. May 21, 2010 · Assembly

    Published 6-1-2010

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote