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.
Note: There is no conflict of substance.
1997 Wis. Act 140 renumbered s. 184.09 to s. 200.09.
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.
Note: The department of industry, labor and job development was renamed the department of workforce development by
1997 Wis. Act 3.
32,242
Section
242. 218.01 (2) (ie) 1. of the statutes is amended to read:
218.01 (2) (ie) 1. In addition to any other information required under this subsection, an application by an individual for the issuance or renewal of a license described in par. (d) shall include the individual's social security number and an application by a person who is not an individual for the issuance or renewal of a license described in par. (d) 1., 2., 3. or 5. shall include the person's federal employer identification number. The licensor may not disclose any information received under this subdivision to any person except the department of industry, labor and job workforce development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.
Note: The department of industry, labor and job development was renamed the department of workforce development by
1997 Wis. Act 3.
32,243
Section
243. 218.01 (2) (ig) 2. b. of the statutes is amended to read:
218.01 (2) (ig) 2. b. The licensor may disclose information under subd. 1. a. to the department of industry, labor and job workforce development in accordance with a memorandum of understanding under s. 49.857.
Note: The department of industry, labor and job development was renamed the department of workforce development by
1997 Wis. Act 3.
32,244
Section
244. 218.01 (3) (ag) 2. of the statutes is amended to read:
218.01 (3) (ag) 2. A license described in par. sub. (2) (d) 1., 2., 3. or 5. shall be suspended or revoked if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes.
Note: Corrects cross-reference. There is no s. 218.01 (3) (d) 1., 2., 3. or 5. and sub. (3) (d) does not relate to specific types of licenses. The remainder of s. 218.01 (3) (ag) relates to licenses described in s. 218.01 (2) (d).
32,245
Section
245. 218.02 (2) (a) 2. b. of the statutes is amended to read:
218.02 (2) (a) 2. b. The division may disclose information under subd. 1. a. to the department of industry, labor and job workforce development in accordance with a memorandum of understanding under s. 49.857.
Note: The department of industry, labor and job development was renamed the department of workforce development by
1997 Wis. Act 3.
32,246
Section
246. 218.02 (6) (b) of the statutes is amended to read:
218.02 (6) (b) In accordance with a memorandum of understanding entered into under s. 49.587 49.857, the division shall restrict or suspend a license if the licensee is an individual who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.
Note: Inserts correct cross-reference. There is no s. 49.587. Section 49.857 relates to memoranda of understanding.
32,247
Section
247. 218.04 (3) (a) 2. b. of the statutes is amended to read:
218.04 (3) (a) 2. b. The division may disclose information under subd. 1. a. to the department of industry, labor and job workforce development in accordance with a memorandum of understanding under s. 49.857.
Note: The department of industry, labor and job development was renamed the department of workforce development by
1997 Wis. Act 3.
32,248
Section
248. 218.05 (3) (am) 2. b. of the statutes is amended to read:
218.05 (3) (am) 2. b. The division may disclose information under subd. 1. a. to the department of industry, labor and job workforce development in accordance with a memorandum of understanding under s. 49.857.
Note: The department of industry, labor and job development was renamed the department of workforce development by
1997 Wis. Act 3.
32,249
Section
249. 218.11 (2) (am) 3. of the statutes is amended to read:
218.11 (2) (am) 3. The licensor may not disclose any information received under subd. 1. to any person except to the department of industry, labor and job workforce development for purposes of administering s. 49.22 or to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.
Note: The department of industry, labor and job development was renamed the department of workforce development by
1997 Wis. Act 3.
32,250
Section
250. 218.21 (2m) (b) of the statutes is amended to read:
218.21 (2m) (b) The department of transportation may not disclose any information received under sub. (2) (ag) or (am) to any person except to the department of industry, labor and job workforce development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.
Note: The department of industry, labor and job development was renamed the department of workforce development by
1997 Wis. Act 3.
32,251
Section
251. 218.31 (1m) (b) of the statutes is amended to read:
218.31 (1m) (b) The department of transportation may not disclose any information received under sub. (1) (ag) or (am) to any person except to the department of industry, labor and job workforce development for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.
Note: The department of industry, labor and job development was renamed the department of workforce development by
1997 Wis. Act 3.
32,252
Section
252. 224.72 (2) (c) 2. b. of the statutes is amended to read:
224.72 (2) (c) 2. b. The department may disclose information under subd. 1. a. to the department of industry, labor and job workforce development in accordance with a memorandum of understanding under s. 49.857.
Note: The department of industry, labor and job development was renamed the department of workforce development by
1997 Wis. Act 3.
32,253
Section
253. 224.72 (4r) of the statutes is amended to read:
224.72 (4r) Insufficient security; division order; suspension of registration. If the division finds that the surety bond, security or insurance policy filed by a mortgage banker or mortgage broker has been cancelled
canceled without the required notice to the division, the division may summarily suspend the mortgage banker's or mortgage broker's registration.
Note: Inserts preferred spelling.
Note: There is no conflict of substance.
32,255
Section
255. 224.77 (6) of the statutes is amended to read:
224.77 (6) Restriction or suspension of registration. The department shall restrict or suspend the registration of a mortgage banker, loan originator or loan solicitor mortgage broker if the registrant is an individual who fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A registrant whose registration is restricted or suspended under this subsection is entitled to a notice and hearing only as provided in a memorandum of understanding entered into under s. 49.857 and is not entitled to any other notice or hearing under this section.
Note: This provision was created by
1997 Wis. Act 191 without taking into account
1997 Wis. Act 145 which changed the term "loan solicitor" to "mortgage broker", throughout the statutes.
Note: Renumbers provision for more logical placement within the section.
224.77 (7) Revocation for liability for delinquent taxes. The department shall revoke the certificate of registration of a mortgage banker, loan originator or loan solicitor mortgage broker if the department of revenue certifies under s. 73.0301 that the registrant is liable for delinquent taxes. A registrant whose certificate of registration is revoked under this subsection for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice, hearing or review under this section.
Note: This provision was created by
1997 Wis. Act 237 without taking into account
1997 Wis. Act 145 which changed the term "loan solicitor" to "mortgage broker", throughout the statutes.
32,258
Section
258. 229.70 (4) of the statutes is amended to read:
229.70 (4) It shall be a goal of a district, with regard to each of the contracts described under sub. (3) (a), (b) and (c), to award at least 25% of the dollar value of such contracts to minority businesses and at least 5% of the dollar value of such contracts to women's businesses.
Note: Inserts "and" for correct grammar.
242.01 (11) "Relative" means an individual related by consanguinity within the 3rd degree of kinship as computed under s. 852.03 (2), 1995 stats. 990.001 (16), a spouse or an individual related to a spouse within the 3rd degree as so computed, and includes an individual in an adoptive relationship within the 3rd degree.
Note: Section 852.03 (2), 1995 stats., is recreated as s. 990.001 (16) by this bill for user convenience. See also the note to the treatment of s. 990.001 (16) by this bill.
252.10 (7) Drugs necessary for the treatment of mycobacterium tuberculosis shall be purchased by the department from the appropriation under s. 20.435 (5) (e) and dispensed to patients through the public health dispensaries or through health care providers, as defined in s. 146.81 (1), other than massage therapists or bodyworkers issued a license of registration under subch. X
XI of ch. 440, social workers, marriage and family therapists or professional counselors certified under ch. 457, speech-language pathologists or audiologists licensed under subch. II of ch. 459, speech and language pathologists licensed by the department of public instruction or dietitians certified under subch. V of ch. 448.
Note: Subch. X of ch. 440, as created by
1997 Wis. Act 156, is renumbered subch. XI of ch. 440 by this bill.
Note: There is no conflict of substance.
32,262
Section
262. 252.15 (1) (ar) 1. of the statutes is amended to read:
252.15 (1) (ar) 1. A person or entity that is specified in s. 146.81 (1), but does not include a massage therapist or bodyworker issued a license of registration under subch. X XI of ch. 440.
Note: Subch. X of ch. 440, as created by
1997 Wis. Act 156, is renumbered subch. XI of ch. 440 by this bill.
32,263
Section
263. 252.15 (1) (eg) of the statutes is amended to read:
252.15 (1) (eg) "Relative" means a spouse, parent, grandparent, stepparent, brother, sister, first cousin, nephew or niece; or uncle or aunt within the 3rd degree of kinship as computed under s. 852.03 (2), 1995 stats. 990.001 (16). This relationship may be by consanguinity or direct affinity.
Note: Section 852.03 (2), 1995 stats., is recreated as s. 990.001 (16) by this bill for user convenience. See also the note to the treatment of s. 990.001 (16) by this bill.
32,264
Section
264. 252.24 (2) of the statutes is amended to read:
252.24 (2) Department; duty. Except as provided in ss. 250.041 and 254.241 252.241, the department shall provide uniform, statewide licensing and regulation of body piercers and uniform, statewide licensing and regulation of body-piercing establishments under this section. The department shall inspect a body-piercing establishment once before issuing a license for the body-piercing establishment under this section and may make additional inspections that the department determines are necessary.
Note: Inserts correct cross-reference. There is no s. 254.241. Section 252.241 relates to the licensing of body piercing establishments.
32,265
Section
265. 253.12 (3) (intro.) of the statutes is amended to read:
253.12 (3) Departmental powers and duties. (intro.) From the appropriations under s. 20.435 (1)
(5) (md) and (8) (n), the department shall perform all of the following for the program under this section:
Note: Inserts correct cross-reference. Section 20.435 (1) (md) was renumbered to s. 20.435 (5) (md) by
1997 Wis. Act 27.
Note: There is no conflict of substance.
32,267
Section
267. 289.62 (2) (a), (b), (c) and (g) (intro.) of the statutes are amended to read:
289.62 (2) (a) Tonnage fee; solid waste. Except as provided under pars. (c) and (g), the tonnage fee imposed by sub. (3) (1) (a) is 1.5 cents per ton for solid waste.