Wisconsin Legislature: 32,229

Note: Confirms renumbering by revisor. 1997 Wis. Act 254 erroneously stated that s. 190.051 was renumbered to s. 190.05 (1) (a). No renumbering was intended.

32,219 Section 219. 195.14 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 254, is amended to read:

195.14 (2) (b) Railroads may exchange passes with officers, attorneys, physicians or employes of other railroads and members of their families. No person holding any public office or position under the laws of this state shall be given transportation free or at reduced rates that are not open to the public, except that notaries public and regular employes of a railroad or other public utility who are candidates for or hold public office for which the annual compensation is not more than $300 to whom no passes or privileges are extended beyond those that are extended to other regular employes of such corporations may be granted free transportation free or at reduced rates for the transmission of any message or communication.

Note: Restores language existing prior to 1997 Wis. Act 254 that was mistakenly changed by that act.

32,220 Section 220. 196.01 (5) (a) 2. of the statutes, as affected by 1997 Wisconsin Acts 184 and 218, is amended to read:

196.01 (5) (a) 2. A telecommunications utility commercial service provider.

Note: The stricken language was inserted into s. 196.01 (5) by 1997 Wis. Act 218, but was rendered surplusage by the treatment of s. 196.01 (5) by 1997 Wis. Act 184.

32,221 Section 221. 196.01 (5) (b) 4. of the statutes, as affected by 1997 Wisconsin Act 184, is amended to read:

196.01 (5) (b) 4. A cellular commercial mobile radio telecommunications utility service provider.

Note: 1997 Wis. Act 218 changed "cellular mobile radio telecommunications utility" to "commercial mobile radio service provider" but did not take into account the treatment of s. 196.01 (5) by 1997 Wis. Act 184. See also the previous section of this bill.

32,222 Section 222. The treatment of 196.202 (2) of the statutes by 1997 Wisconsin Act 140 is not repealed by 1997 Wisconsin Act 218. Both treatments stand.

Note: There is no conflict of substance.

32,223 Section 223. 196.205 (2) of the statutes is amended to read:

196.205 (2) Notwithstanding sub. (1m), a telecommunications cooperative shall be subject to s. 196.26 if it is a party in a proceeding on a complaint specified in s. 196.26 (1) (a) 2. or 3. (b) or (c).

Note: Section 196.26 (1) (a) is renumbered s. 196.26 (1) by this bill.

32,224 Section 224. 196.215 (2d) of the statutes is amended to read:

196.215 (2d) Notwithstanding sub. (2), a small telecommunications utility shall be subject to s. 196.26 if it is a party in a proceeding on a complaint specified in s. 196.26 (1) (a) 2. or 3. (b) or (c).

Note: Section 196.26 (1) (a) is renumbered s. 196.26 (1) by this bill.

32,225 Section 225. 196.215 (2m) (e) of the statutes is amended to read:

196.215 (2m) (e) Notwithstanding pars. (a) to (d), a small telecommunications utility is subject to s. 196.26 if it is a party in a proceeding on a complaint specified in s. 196.26 (1) (a) 2. or 3. (b) or (c).

Note: Section 196.26 (1) (a) is renumbered s. 196.26 (1) by this bill.

32,226 Section 226. 196.26 (1) (intro.) and (a) (intro.) of the statutes are consolidated, renumbered 196.26 (1) (intro.) and amended to read:

196.26 (1) Complaint. (intro.) In this section: (a) "Complaint", "complaint" means any of the following:

Note: Eliminates unnecessary paragraph level in this subsection for conformity with current style. There is no par. (b).

32,227 Section 227. 196.26 (1) (a) 1. to 3. of the statutes are renumbered 196.26 (1) (a) to (c).

Note: See the previous section of this bill.

32,228 Section 228. The treatment of 196.26 (1) of the statutes by 1997 Wisconsin Act 218 is not repealed by 1997 Wisconsin Act 229. Both treatments stand.

Note: There is no conflict of substance.

32,229 Section 229. 196.26 (1m) of the statutes, as affected by 1997 Wisconsin Acts 218 and 229, is amended to read:

196.26 (1m) Complaint and investigation Investigation of complaint. If any mercantile, agricultural or manufacturing society, body politic, municipal organization or 25 persons file a complaint specified in sub. (1) (a) 1. against a public utility, or if the commission terminates a proceeding on a complaint under s. 196.199 (3) (a) 1m. b., or if a person files a complaint specified in sub. (1) (a) 3. (c), the commission, with or without notice, may investigate the complaint under this section as it deems considers necessary. If the mobile home park occupants of 25% of the total number of manufactured homes or mobile homes in a mobile home park or the mobile home park occupants of 25 manufactured homes or mobile homes in a mobile home park, whichever is less, files a complaint specified in sub. (1) (a) against a mobile home park contractor or mobile home park operator, the commission, with or without notice, may investigate the complaint as it deems considers necessary. The commission may not issue an order based on an investigation under this subsection without a public hearing.

Note: Conforms title to the subject matter of the provision. Reconciles the treatments of this provision by 1997 Wis. Acts 218 and 229. Section 196.26 (1) (a) is renumbered s. 196.26 (1) by this bill. Replaces "deems" with the preferred "considers" for conformity with current style.

32,230 Section 230. 196.26 (2) (a) of the statutes, as affected by 1997 Wisconsin Acts 218 and 229, is amended to read:

196.26 (2) (a) Prior to a hearing under this section, the commission shall notify the public utility, mobile home park contractor or, mobile home park operator or party to an interconnection agreement complained of that a complaint has been made, and 10 days after the notice has been given the commission may proceed to set a time and place for a hearing and an investigation. This paragraph does not apply to a complaint specified in sub. (1) (a) 2. (b).

Note: Reconciles the treatments of this provision by 1997 Wis. Acts 218 and 229. Section 196.26 (1) (a) is renumbered s. 196.26 (1) by this bill.

32,231 Section 231. 196.26 (2) (b) of the statutes, as affected by 1997 Wisconsin Acts 218 and 229, is amended to read:

196.26 (2) (b) The commission shall give the complainant and either the public utility, mobile home park contractor or, mobile home park operator or party to an interconnection agreement which is the subject of a complaint specified in sub. (1m) (1) (a) 1. or 3. (c) or, for a complaint specified in sub. (1) (a) 2. (b), a party to an interconnection agreement who is identified in a notice under s. 196.199 (3) (b) 1. b., 10 days' notice of the time and place of the hearing and the matter to be considered and determined at the hearing. The complainant and either the public utility, mobile home park contractor or , mobile home park operator or the party to the interconnection agreement may be heard. The commission may subpoena any witness at the request of the public utility, mobile home park contractor, mobile home park operator, party to the interconnection agreement or complainant.

Note: Reconciles the treatments of this provision by 1997 Wis. Acts 218 and 229. Section 196.26 (1) (a) is renumbered s. 196.26 (1) by this bill. The last underscored phrase was inserted by 1997 Wis. Act 229 but inadvertently not printed in the 1997-98 Wisconsin Statutes.

32,232 Section 232. 196.26 (4) (c) of the statutes is amended to read:

196.26 (4) (c) Paragraphs (a) and (b) do not apply to a complaint specified in sub. (1) (a) 2. or 3. (b) or (c).

Note: Section 196.26 (1) (a) is renumbered s. 196.26 (1) by this bill.

32,233 Section 233. 196.28 (3) of the statutes, as affected by 1997 Wisconsin Acts 218 and 229, is amended to read:

196.28 (3) Notice of the time and place for a hearing under sub. (2) shall be given to the public utility, mobile home park contractor or mobile home park operator, and to such other interested persons as the commission deems considers necessary. After the notice has been given, proceedings shall be had and conducted in reference to the matter investigated as if a complaint specified in s. 196.26 (1) (a) 1. had been filed with the commission (1m) relative to the matter investigated. The same order or orders may be made in reference to the matter as if the investigation had been made on complaint under s. 196.26.

Note: Reconciles the treatments of this provision by 1997 Wis. Acts 218 and 229. Section 196.26 (1) (a) is renumbered s. 196.26 (1) by this bill. The stricken "(1m)" was inserted by Act 229, but rendered surplusage by the treatment of this provision by Act 218.

32,234 Section 234. 196.85 (3) of the statutes, as affected by 1997 Wisconsin Acts 184 and 229, is amended to read:

196.85 (3) If any public utility, sewerage system, joint local water authority, mobile home park operator or power district is billed under sub. (1), (2) or, (2e) or (2g) and fails to pay the bill within 30 days or fails to file objections to the bill with the commission, as provided in this subsection, the commission shall transmit to the state treasurer a certified copy of the bill, together with notice of failure to pay the bill, and on the same day the commission shall mail by registered mail to the public utility, sewerage system, joint local water authority, mobile home park operator or power district a copy of the notice which it has transmitted to the state treasurer. Within 10 days after receipt of the notice and certified copy of the bill, the state treasurer shall levy the amount stated on the bill to be due, with interest, by distress and sale of any property, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to the delinquent public utility, sewerage system, joint local water authority, mobile home park operator or power district. The levy by distress and sale shall be governed by s. 74.10, 1985 stats., except that it shall be made by the state treasurer and that goods and chattels anywhere within the state may be levied upon.

Note: Replaces "or" with a comma for correct punctuation.

32,235 Section 235. 196.85 (4) (a) of the statutes, as affected by 1997 Wisconsin Acts 184 and 229, is amended to read:

196.85 (4) (a) Within 30 days after the date of the mailing of any bill under sub. (1), (2) and, (2e) or (2g), the public utility, sewerage system, joint local water authority, mobile home park operator or power district that has been billed may file with the commission objections setting out in detail the grounds upon which the objector regards the bill to be excessive, erroneous, unlawful or invalid. The commission, after notice to the objector, shall hold a hearing upon the objections, from 5 to 10 days after providing the notice. If after the hearing the commission finds any part of the bill to be excessive, erroneous, unlawful or invalid it shall record its findings upon its minutes and transmit to the objector by registered mail an amended bill, in accordance with the findings. The amended bill shall have the same force and effect under this section as an original bill rendered under sub. (1), (2) and, (2e) or (2g).

Note: Replaces "and" with a comma for correct punctuation.

32,236 Section 236. 196.85 (5) of the statutes, as affected by 1997 Wisconsin Acts 184 and 229, is amended to read:

196.85 (5) No suit or proceeding may be maintained in any court to restrain or delay the collection or payment of any bill rendered under sub. (1), (2) and, (2e) or (2g). Every public utility, sewerage system, joint local water authority, mobile home park operator or power district that is billed shall pay the amount of the bill, and after payment may in the manner provided under this section, at any time within 2 years from the date the payment was made, sue the state to recover the amount paid plus interest from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful or invalid in whole or in part. If the court finds that any part of the bill for which payment was made was excessive, erroneous, unlawful or invalid, the state treasurer shall make a refund to the claimant as directed by the court. The refund shall be charged to the appropriations to the commission.

Note: Replaces "and" with a comma for correct punctuation.

32,237 Section 237. 198.13 (3) (a) of the statutes is amended to read:

198.13 (3) (a) If within 2 years of its creation a district has not become the owner or operator, or commenced construction, of a public utility. Any time consumed in any proceeding or contest before any commission or court shall not be included as part of the 2-year period.

Note: Inserts missing word.

32,238 Section 238. 198.17 (3) (b) of the statutes is amended to read:

198.17 (3) (b) The defendant or owner shall answer in the action commenced under par. (a) within 10 days after service of the summons and complaint on the owner and the action shall be at issue and stand ready for trial upon 10 days' notice by either party. Unless the parties waive a jury, the question as to the necessity of the taking of the utility by the district shall be as speedily as possible submitted to a jury. If the jury or the court, in case a jury is waived, finds that a necessity exists for the taking by the district of the utility, to which the owner shall not have consented, the directors shall cause speedy notice of the finding of necessity to be certified to the commission and the owner. The commission and the parties shall then proceed to the ascertainment of the just compensation to be paid by the district to the owner for the utility. The consummation of the transfer of the utility to the district and the payment of the compensation to the owner shall be in the manner provided in sub. (2).

Note: The treatment of this provision by 1997 Wis. Act 254 rendered the stricken "or" surplusage.

32,239 Section 239. The treatment of 200.09 (2) of the statutes, as renumbered, by 1997 Wisconsin Act 254, section 43, is not repealed by 1997 Wisconsin Act 283, section 129. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 140 renumbered s. 184.09 to s. 200.09.

32,240 Section 240. The treatment of 200.12 of the statutes, as renumbered, by 1997 Wisconsin Act 140, section 14, is not repealed by 1997 Wisconsin Act 254, section 44. Both treatments stand.

Note: There is no conflict of substance. 1997 Wis. Act 140 renumbered s. 184.12 to s. 200.12.

32,241 Section 241. 217.05 (1m) (b) 2. of the statutes is amended to read:

217.05 (1m) (b) 2. The division may disclose information under par. (a) 1. to the department of industry, labor and job workforce development in accordance with a memorandum of understanding under s. 49.857.