Note: Sections 173.01 to 173.07 were renumbered to ss. 172.51 to 172.57 by
1997
Wis. Act 192.
SB146,63,12
5172.54 Time and notice of sale. The poundmaster of any pound shall receive
6and keep any beasts delivered to the poundmaster under s.
173.03 172.53. Unless
7the beasts are seized or discharged according to law within 6 days, from the time of
8their delivery to the pound, the poundmaster shall sell at public auction the beasts
9or so many of them as is necessary to pay the damages, fees and costs enumerated
10under ss.
173.02 172.52 and
173.03 172.53. The poundmaster shall give 2 days' notice
11of the sale by notice posted upon the pound and at 3 public places in the town, city
12or village in which the pound is located.
Note: Sections 173.01 to 173.07 were renumbered to ss. 172.51 to 172.57 by
1997
Wis. Act 192.
SB146,63,22
15172.55 Sale of animal not impounded. If in consequence of there being no
16pound within the distraining person's city, town or village of residence the beasts
17distrained under s.
173. 01 172.51 are kept in some other enclosure and the beasts
18are not discharged in the manner provided under this chapter within 6 days after
19being placed in the enclosure, the sheriff or any constable of the county shall sell the
20beasts or so many of them as shall be necessary to pay the damages, fees and costs
21of keeping, upon the same notice as is required in case of a constable's sale of personal
22property taken by execution.
SB146,64,83
172.56
(1) From the proceeds of the sale under s.
173.04 172.54 or
173.05 4172.55, the person making the sale shall retain his or her fees, which shall be the
5same as are allowed to constables upon sales of personal property on execution, and
6the cost of keeping the beasts. The person making the sale shall pay to the person
7who distrained the beasts the damages certified under s.
173.02 172.52, with the fees
8of the appraisers and chairperson, president or mayor.
Note: Sections 173.01 to 173.07 were renumbered to ss. 172.51 to 172.57 by
1997
Wis. Act 192.
SB146, s. 211
9Section
211. 173.13 (1) (a) (intro.) of the statutes is amended to read:
SB146,64,1410
173.13
(1) (a) (intro.) A humane officer, on behalf of a political subdivision in
11which the humane officer has jurisdiction under s.
173.01 173.03 (3), or a law
12enforcement officer, on behalf of a political subdivision, may take custody of an
13animal if the humane officer or law enforcement officer has reasonable grounds to
14believe that the animal is one of the following:
Note: Inserts correct cross-reference. Section 173.03 (3) relates to the jurisdiction
of a humane officer. Section 173.01 (3) is a definition of "political subdivision".
Note: There is no conflict of substance.
SB146,64,2019
180.1901
(1m) (ag) The department of regulation and licensing under subch.
20X XI of ch. 440.
Note: Inserts correct cross-reference as renumbered by this bill.
Note: There is no conflict of substance.
SB146,65,75
181.1703
(3) Reinstatement of dissolved corporation. Section 181.1422
6applies to any involuntary or administrative dissolution, even if the dissolution
7occurred before
the effective date of this subsection
January 1, 1999.
Note: Confirms the insertion of the correct date by the revisor under s. 13.93 (1)
(c).
Note: There is no conflict of substance.
SB146, s. 217
10Section
217. 190.02 (11) (title) of the statutes is amended to read:
SB146,65,1111
190.02
(11) (title)
Operate buses and air transportation.
Note: Conforms title to the subject matter of the statute text.
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.
SB146,66,516
195.14
(2) (b) Railroads may exchange passes with officers, attorneys,
17physicians or employes of other railroads and members of their families. No person
18holding any public office or position under the laws of this state shall be given
19transportation free or at reduced rates that are not open to the public, except that
20notaries public and regular employes of a railroad or other public utility who are
1candidates for or hold public office for which the annual compensation is not more
2than $300 to whom no passes or privileges are extended beyond those that are
3extended to other regular employes of such corporations may be granted
free 4transportation
free or
at reduced rates for the transmission of any message or
5communication.
Note: Restores language existing prior to
1997 Wis. Act 254 that was mistakenly
changed by that act.
SB146,66,88
196.01
(5) (a) 2. A telecommunications utility
commercial service provider.
SB146,66,1211
196.01
(5) (b) 4. A
cellular commercial mobile radio
telecommunications utility 12service 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.
Note: There is no conflict of substance.
SB146, s. 223
15Section
223. 196.205 (2) of the statutes is amended to read:
SB146,66,1816
196.205
(2) Notwithstanding sub. (1m), a telecommunications cooperative
17shall be subject to s. 196.26 if it is a party in a proceeding on a complaint specified
18in 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.
SB146, s. 224
19Section
224. 196.215 (2d) of the statutes is amended to read:
SB146,67,3
1196.215
(2d) Notwithstanding sub. (2), a small telecommunications utility
2shall be subject to s. 196.26 if it is a party in a proceeding on a complaint specified
3in 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.
SB146, s. 225
4Section
225. 196.215 (2m) (e) of the statutes is amended to read:
SB146,67,75
196.215
(2m) (e) Notwithstanding pars. (a) to (d), a small telecommunications
6utility is subject to s. 196.26 if it is a party in a proceeding on a complaint specified
7in 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.
SB146, s. 226
8Section
226. 196.26 (1) (intro.) and (a) (intro.) of the statutes are consolidated,
9renumbered 196.26 (1) (intro.) and amended to read:
SB146,67,1110
196.26
(1) Complaint. (intro.) In this section
: (a) "Complaint", "complaint" 11means any of the following:
Note: Eliminates unnecessary paragraph level in this subsection for conformity
with current style. There is no par. (b).
SB146, s. 227
12Section
227. 196.26 (1) (a) 1. to 3. of the statutes are renumbered 196.26 (1)
13(a) to (c).
Note: See the previous section of this bill.
Note: There is no conflict of substance.
SB146,68,1018
196.26
(1m) Complaint and investigation Investigation of complaint
. If any
19mercantile, agricultural or manufacturing society, body politic, municipal
20organization or 25 persons file a complaint specified in sub. (1) (a)
1. against a public
21utility, or if the commission terminates a proceeding on a complaint under s. 196.199
1(3) (a) 1m. b., or if a person files a complaint specified in sub. (1)
(a) 3. (c), the
2commission, with or without notice, may investigate the complaint under this section
3as it
deems considers necessary. If the mobile home park occupants of 25% of the total
4number of manufactured homes or mobile homes in a mobile home park or the mobile
5home park occupants of 25 manufactured homes or mobile homes in a mobile home
6park, whichever is less, files a complaint
specified in sub. (1) (a) against a mobile
7home park contractor or mobile home park operator, the commission, with or without
8notice, may investigate the complaint as it
deems
considers necessary. The
9commission may not issue an order based on an investigation under this subsection
10without 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.
SB146,68,1813
196.26
(2) (a) Prior to a hearing under this section, the commission shall notify
14the public utility, mobile home park contractor
or, mobile home park operator or
15party to an interconnection agreement complained of that a complaint has been
16made, and 10 days after the notice has been given the commission may proceed to
17set a time and place for a hearing and an investigation. This paragraph does not
18apply 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.
SB146,69,11
1196.26
(2) (b) The commission shall give the complainant and either the public
2utility, mobile home park contractor
or, mobile home park operator or party to an
3interconnection agreement which is the subject of a complaint specified in sub.
(1m) 4(1) (a)
1. or
3.
(c) or, for a complaint specified in sub. (1)
(a) 2. (b), a party to an
5interconnection agreement who is identified in a notice under s. 196.199 (3) (b) 1. b.,
610 days' notice of the time and place of the hearing and the matter to be considered
7and determined at the hearing. The complainant and either the public utility, mobile
8home park contractor
or, mobile home park operator or
the party to the
9interconnection agreement may be heard. The commission may subpoena any
10witness at the request of the public utility,
mobile home park contractor, mobile home
11park 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.
SB146, s. 232
12Section
232. 196.26 (4) (c) of the statutes is amended to read:
SB146,69,1413
196.26
(4) (c) Paragraphs (a) and (b) do not apply to a complaint specified in
14sub. (1)
(a) 2. or 3. (b) or (c).
Note: Section 196.26 (1) (a) is renumbered s. 196.26 (1) by this bill.
SB146,70,217
196.28
(3) Notice of the time and place for a hearing under sub. (2) shall be
18given to the public utility, mobile home park contractor or mobile home park
19operator, and to such other interested persons as the commission
deems considers 20necessary. After the notice has been given, proceedings shall be had and conducted
21in reference to the matter investigated as if a complaint specified in s. 196.26 (1) (a)
221. had been filed with the commission
(1m) relative to the matter investigated. The
1same order or orders may be made in reference to the matter as if the investigation
2had 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.
SB146,70,205
196.85
(3) If any public utility, sewerage system, joint local water authority,
6mobile home park operator or power district is billed under sub. (1), (2)
or, (2e) or (2g)
7and fails to pay the bill within 30 days or fails to file objections to the bill with the
8commission, as provided in this subsection, the commission shall transmit to the
9state treasurer a certified copy of the bill, together with notice of failure to pay the
10bill, and on the same day the commission shall mail by registered mail to the public
11utility, sewerage system, joint local water authority, mobile home park operator or
12power district a copy of the notice which it has transmitted to the state treasurer.
13Within 10 days after receipt of the notice and certified copy of the bill, the state
14treasurer shall levy the amount stated on the bill to be due, with interest, by distress
15and sale of any property, including stocks, securities, bank accounts, evidences of
16debt, and accounts receivable belonging to the delinquent public utility, sewerage
17system, joint local water authority, mobile home park operator or power district. The
18levy by distress and sale shall be governed by s. 74.10, 1985 stats., except that it shall
19be made by the state treasurer and that goods and chattels anywhere within the state
20may be levied upon.
Note: Replaces "or" with a comma for correct punctuation.
SB146,71,12
1196.85
(4) (a) Within 30 days after the date of the mailing of any bill under sub.
2(1), (2)
and, (2e) or (2g), the public utility, sewerage system, joint local water
3authority, mobile home park operator or power district that has been billed may file
4with the commission objections setting out in detail the grounds upon which the
5objector regards the bill to be excessive, erroneous, unlawful or invalid. The
6commission, after notice to the objector, shall hold a hearing upon the objections,
7from 5 to 10 days after providing the notice. If after the hearing the commission finds
8any part of the bill to be excessive, erroneous, unlawful or invalid it shall record its
9findings upon its minutes and transmit to the objector by registered mail an
10amended bill, in accordance with the findings. The amended bill shall have the same
11force and effect under this section as an original bill rendered under sub. (1), (2)
and, 12(2e) or (2g).
Note: Replaces "and" with a comma for correct punctuation.
SB146,72,215
196.85
(5) No suit or proceeding may be maintained in any court to restrain or
16delay the collection or payment of any bill rendered under sub. (1), (2)
and, (2e) or
17(2g). Every public utility, sewerage system, joint local water authority, mobile home
18park operator or power district that is billed shall pay the amount of the bill, and after
19payment may in the manner provided under this section, at any time within 2 years
20from the date the payment was made, sue the state to recover the amount paid plus
21interest from the date of payment, upon the ground that the assessment was
22excessive, erroneous, unlawful or invalid in whole or in part. If the court finds that
23any part of the bill for which payment was made was excessive, erroneous, unlawful
1or invalid, the state treasurer shall make a refund to the claimant as directed by the
2court. The refund shall be charged to the appropriations to the commission.
Note: Replaces "and" with a comma for correct punctuation.
SB146, s. 237
3Section
237. 198.13 (3) (a) of the statutes is amended to read:
SB146,72,74
198.13
(3) (a) If within 2 years of its creation a district has not become the owner
5or operator, or commenced construction, of a public utility. Any time consumed in any
6proceeding or contest before any commission or court shall not be included as part
7of
the 2-year period.
Note: Inserts missing word.
SB146, s. 238
8Section
238. 198.17 (3) (b) of the statutes is amended to read:
SB146,72,219
198.17
(3) (b) The defendant
or owner shall answer in the action commenced
10under par. (a) within 10 days after service of the summons and complaint on the
11owner and the action shall be at issue and stand ready for trial upon 10 days' notice
12by either party. Unless the parties waive a jury, the question as to the necessity of
13the taking of the utility by the district shall be as speedily as possible submitted to
14a jury. If the jury or the court, in case a jury is waived, finds that a necessity exists
15for the taking by the district of the utility, to which the owner shall not have
16consented, the directors shall cause speedy notice of the finding of necessity to be
17certified to the commission and the owner. The commission and the parties shall
18then proceed to the ascertainment of the just compensation to be paid by the district
19to the owner for the utility. The consummation of the transfer of the utility to the
20district and the payment of the compensation to the owner shall be in the manner
21provided 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.