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.
Note: There is no conflict of substance.
1997 Wis. Act 140 renumbered s. 184.12
to s. 200.12.
SB146, s. 241
7Section
241. 217.05 (1m) (b) 2. of the statutes is amended to read:
SB146,73,108
217.05
(1m) (b) 2. The division may disclose information under par. (a) 1. to the
9department of
industry, labor and job workforce development in accordance with a
10memorandum 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.
SB146, s. 242
11Section
242. 218.01 (2) (ie) 1. of the statutes is amended to read:
SB146,73,2012
218.01
(2) (ie) 1. In addition to any other information required under this
13subsection, an application by an individual for the issuance or renewal of a license
14described in par. (d) shall include the individual's social security number and an
15application by a person who is not an individual for the issuance or renewal of a
16license described in par. (d) 1., 2., 3. or 5. shall include the person's federal employer
17identification number. The licensor may not disclose any information received under
18this subdivision to any person except the department of
industry, labor and job 19workforce development for purposes of administering s. 49.22 or the department of
20revenue 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.
SB146, s. 243
1Section
243. 218.01 (2) (ig) 2. b. of the statutes is amended to read:
SB146,74,42
218.01
(2) (ig) 2. b. The licensor may disclose information under subd. 1. a. to
3the department of
industry, labor and job workforce development in accordance with
4a 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.
SB146, s. 244
5Section
244. 218.01 (3) (ag) 2. of the statutes is amended to read:
SB146,74,86
218.01
(3) (ag) 2. A license described in
par.
sub. (2) (d) 1., 2., 3. or 5. shall be
7suspended or revoked if the department of revenue certifies under s. 73.0301 that the
8applicant 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).
SB146, s. 245
9Section
245. 218.02 (2) (a) 2. b. of the statutes is amended to read:
SB146,74,1210
218.02
(2) (a) 2. b. The division may disclose information under subd. 1. a. to
11the department of
industry, labor and job workforce development in accordance with
12a 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.
SB146, s. 246
13Section
246. 218.02 (6) (b) of the statutes is amended to read:
SB146,74,2114
218.02
(6) (b) In accordance with a memorandum of understanding entered
15into under s.
49.587 49.857, the division shall restrict or suspend a license if the
16licensee is an individual who fails to comply, after appropriate notice, with a
17subpoena or warrant issued by the department of workforce development or a county
18child support agency under s. 59.53 (5) and related to paternity or child support
19proceedings or who is delinquent in making court-ordered payments of child or
20family support, maintenance, birth expenses, medical expenses or other expenses
21related 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.
SB146, s. 247
1Section
247. 218.04 (3) (a) 2. b. of the statutes is amended to read:
SB146,75,42
218.04
(3) (a) 2. b. The division may disclose information under subd. 1. a. to
3the department of
industry, labor and job workforce development in accordance with
4a 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.
SB146, s. 248
5Section
248. 218.05 (3) (am) 2. b. of the statutes is amended to read:
SB146,75,86
218.05
(3) (am) 2. b. The division may disclose information under subd. 1. a.
7to the department of i
ndustry, labor and job workforce development in accordance
8with 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.
SB146, s. 249
9Section
249. 218.11 (2) (am) 3. of the statutes is amended to read:
SB146,75,1310
218.11
(2) (am) 3. The licensor may not disclose any information received under
11subd. 1. to any person except to the department of
industry, labor and job workforce 12development for purposes of administering s. 49.22 or to the department of revenue
13for 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.
SB146, s. 250
14Section
250. 218.21 (2m) (b) of the statutes is amended to read:
SB146,75,1915
218.21
(2m) (b) The department of transportation may not disclose any
16information received under sub. (2) (ag) or (am) to any person except to the
17department of
industry, labor and job workforce development for purposes of
18administering s. 49.22 or the department of revenue for the sole purpose of
19requesting 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.
SB146, s. 251
1Section
251. 218.31 (1m) (b) of the statutes is amended to read:
SB146,76,62
218.31
(1m) (b) The department of transportation may not disclose any
3information received under sub. (1) (ag) or (am) to any person except to the
4department of
industry, labor and job workforce development for purposes of
5administering s. 49.22 or the department of revenue for the sole purpose of
6requesting 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.
SB146, s. 252
7Section
252. 224.72 (2) (c) 2. b. of the statutes is amended to read:
SB146,76,108
224.72
(2) (c) 2. b. The department may disclose information under subd. 1. a.
9to the department of
industry, labor and job workforce development in accordance
10with a memorandum of understanding under s. 49.857.