Wisconsin Legislature: 32,242

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.