AB1089-ASA2,4,62
50.05
(15) (d) The lien provided by this subsection is prior to any lien or other
3interest which originates subsequent to the filing of a petition for receivership under
4this section, except for a construction or mechanic's lien arising out of work
5performed with the express consent of the receiver or a lien under s. 144.442 (9) (i)
, 6or 144.76 (13)
or 144.77 (6) (d).
AB1089-ASA2, s. 4
7Section
4
. 50.05 (15) (d) of the statutes, as affected by 1995 Wisconsin Acts 227
8and .... (this act), is amended to read:
AB1089-ASA2,4,139
50.05
(15) (d) The lien provided by this subsection is prior to any lien or other
10interest which originates subsequent to the filing of a petition for receivership under
11this section, except for a construction or mechanic's lien arising out of work
12performed with the express consent of the receiver or a lien under s. 292.31 (8) (i)
or
13292.41 (6) (d) or 292.81.
AB1089-ASA2,5,215
66.521
(9) Payment of taxes. When any industrial project acquired by a
16municipality under this section is used by a private person as a lessee, sublessee or
17in any capacity other than owner, that person shall be subject to taxation in the same
18amount and to the same extent as though that person were the owner of the property.
19Taxes shall be assessed to such private person using the real property and collected
20in the same manner as taxes assessed to owners of real property. When due, the taxes
21shall constitute a debt due from such private person to the taxing unit and shall be
22recoverable as provided by law, and such unpaid taxes shall become a lien against
23the property with respect to which they were assessed, superior to all other liens,
24except a lien under s. 144.442 (9) (i)
, or 144.76 (13)
or 144.77 (6) (d), and shall be
1placed on their tax roll when there has been a conveyance of the property in the same
2manner as are other taxes assessed against real property.
AB1089-ASA2, s. 6
3Section
6
. 66.521 (9) of the statutes, as affected by 1995 Wisconsin Acts 227
4and .... (this act), is amended to read:
AB1089-ASA2,5,165
66.521
(9) Payment of taxes. When any industrial project acquired by a
6municipality under this section is used by a private person as a lessee, sublessee or
7in any capacity other than owner, that person shall be subject to taxation in the same
8amount and to the same extent as though that person were the owner of the property.
9Taxes shall be assessed to such private person using the real property and collected
10in the same manner as taxes assessed to owners of real property. When due, the taxes
11shall constitute a debt due from such private person to the taxing unit and shall be
12recoverable as provided by law, and such unpaid taxes shall become a lien against
13the property with respect to which they were assessed, superior to all other liens,
14except a lien under s. 292.31 (8) (i)
or 292.41 (6) (d) or 292.81, and shall be placed on
15their tax roll when there has been a conveyance of the property in the same manner
16as are other taxes assessed against real property.
AB1089-ASA2,6,4
1870.01 General property taxes; upon whom levied. Taxes shall be levied,
19under this chapter, upon all general property in this state except property that is
20exempt from taxation. Real estate taxes and personal property taxes are deemed to
21be levied when the tax roll in which they are included has been delivered to the local
22treasurer under s. 74.03. When so levied such taxes are a lien upon the property
23against which they are charged. That lien is superior to all other liens, except a lien
24under s. 144.442 (9) (i)
, or 144.76 (13)
or 144.77 (6) (d), and is effective as of January
251 in the year when the taxes are levied. Liens of special assessments of benefits for
1local improvements shall be in force as provided by the charter or general laws
2applicable to the cities that make the special assessments. In this chapter, unless
3the context requires otherwise, references to "this chapter" do not include ss. 70.37
4to 70.395.
AB1089-ASA2, s. 8
5Section
8
. 70.01 of the statutes, as affected by 1995 Wisconsin Acts 227 and
6.... (this act), is amended to read:
AB1089-ASA2,6,17
770.01 General property taxes; upon whom levied. Taxes shall be levied,
8under this chapter, upon all general property in this state except property that is
9exempt from taxation. Real estate taxes and personal property taxes are deemed to
10be levied when the tax roll in which they are included has been delivered to the local
11treasurer under s. 74.03. When so levied such taxes are a lien upon the property
12against which they are charged. That lien is superior to all other liens, except a lien
13under s. 292.31 (8) (i)
or 292.41 (6) (d) or 292.81, and is effective as of January 1 in
14the year when the taxes are levied. Liens of special assessments of benefits for local
15improvements shall be in force as provided by the charter or general laws applicable
16to the cities that make the special assessments. In this chapter, unless the context
17requires otherwise, references to "this chapter" do not include ss. 70.37 to 70.395.
AB1089-ASA2,7,919
76.13
(2) Every tax roll upon completion shall be delivered to the state
20treasurer and a copy of the tax roll filed with the secretary of administration. The
21department shall notify, by certified mail, all companies listed on the tax roll of the
22amount of tax due, which shall be paid to the department. The payment dates
23provided for in sub. (2a) shall apply. The payment of one-fourth of the tax of any
24company may, if the company has brought an action in the Dane county circuit court
25under s. 76.08, be made without delinquent interest as provided in s. 76.14 any time
1prior to the date upon which the appeal becomes final, but any part of the tax
2ultimately required to be paid shall bear interest from the original due date to the
3date the appeal became final at the rate of 12% per year and at 1.5% per month
4thereafter until paid. The taxes extended against any company after the same
5become due, with interest, shall be a lien upon all the property of the company prior
6to all other liens, claims and demands whatsoever, except as provided in ss. 144.442
7(9) (i)
, and 144.76 (13)
and 144.77 (6) (d), which lien may be enforced in an action in
8the name of the state in any court of competent jurisdiction against the property of
9the company within the state as an entirety.
AB1089-ASA2, s. 10
10Section
10
. 76.13 (2) of the statutes, as affected by 1995 Wisconsin Acts 227
11and .... (this act), is amended to read:
AB1089-ASA2,8,212
76.13
(2) Every tax roll upon completion shall be delivered to the state
13treasurer and a copy of the tax roll filed with the secretary of administration. The
14department shall notify, by certified mail, all companies listed on the tax roll of the
15amount of tax due, which shall be paid to the department. The payment dates
16provided for in sub. (2a) shall apply. The payment of one-fourth of the tax of any
17company may, if the company has brought an action in the Dane county circuit court
18under s. 76.08, be made without delinquent interest as provided in s. 76.14 any time
19prior to the date upon which the appeal becomes final, but any part of the tax
20ultimately required to be paid shall bear interest from the original due date to the
21date the appeal became final at the rate of 12% per year and at 1.5% per month
22thereafter until paid. The taxes extended against any company after the same
23become due, with interest, shall be a lien upon all the property of the company prior
24to all other liens, claims and demands whatsoever, except as provided in ss. 292.31
25(8) (i)
and 292.41 (6) (d) and 292.81, which lien may be enforced in an action in the
1name of the state in any court of competent jurisdiction against the property of the
2company within the state as an entirety.
AB1089-ASA2,8,124
76.22
(1) The taxes levied upon and extended against the property of any
5company defined in s. 76.02, after the same become due, with interest thereon, shall
6become a lien upon the property of such company within the state prior to all other
7liens, debts, claims or demands whatsoever, except as provided in ss. 144.442 (9) (i)
, 8and 144.76 (13)
and 144.77 (6) (d), which lien may be enforced in an action in the
9name of the state in any state court of competent jurisdiction against such company
10and against the property of such company within the state. The place of the trial
11shall not be changed from the county in which any such action is commenced, except
12upon consent of parties.
AB1089-ASA2, s. 12
13Section
12
. 76.22 (1) of the statutes, as affected by 1995 Wisconsin Acts 227
14and .... (this act), is amended to read:
AB1089-ASA2,8,2315
76.22
(1) The taxes levied upon and extended against the property of any
16company defined in s. 76.02, after the same become due, with interest thereon, shall
17become a lien upon the property of such company within the state prior to all other
18liens, debts, claims or demands whatsoever, except as provided in ss. 292.31 (8) (i)
19and 292.41 (6) (d) and 292.81, which lien may be enforced in an action in the name
20of the state in any state court of competent jurisdiction against such company and
21against the property of such company within the state. The place of the trial shall
22not be changed from the county in which any such action is commenced, except upon
23consent of parties.
AB1089-ASA2,9,8
176.39
(5) Delinquent taxes, penalties, interest and late filing fees shall be a lien
2upon the property of any railroad company or car line company prior to all other liens,
3claims and demands, except as provided in ss. 144.442 (9) (i)
, and 144.76 (13)
and
4144.77 (6) (d), which lien may be enforced in any action in the name of the state in
5any court of competent jurisdiction. All provisions of law for enforcing payment of
6delinquent income or franchise taxes under ch. 71 or enforcing payment of
7delinquent taxes based on the value of property under this chapter shall be available
8to collection of taxes on gross receipts in this state levied under this section.
AB1089-ASA2, s. 14
9Section
14
. 76.39 (5) of the statutes, as affected by 1995 Wisconsin Acts 227
10and .... (this act), is amended to read:
AB1089-ASA2,9,1811
76.39
(5) Delinquent taxes, penalties, interest and late filing fees shall be a lien
12upon the property of any railroad company or car line company prior to all other liens,
13claims and demands, except as provided in ss. 292.31 (8) (i)
and 292.41 (6) (d) and
14292.81, which lien may be enforced in any action in the name of the state in any court
15of competent jurisdiction. All provisions of law for enforcing payment of delinquent
16income or franchise taxes under ch. 71 or enforcing payment of delinquent taxes
17based on the value of property under this chapter shall be available to collection of
18taxes on gross receipts in this state levied under this section.
AB1089-ASA2,9,2520
88.40
(2) From the time of recordation of the order confirming such
21assessments for costs until they are paid, such assessments and the interest thereon
22are a first lien upon the lands assessed and take priority over all other liens or
23mortgages except liens for general taxes and liens under ss. 144.442 (9) (i)
, and 24144.76 (13)
and 144.77 (6) (d), regardless of the priority in time of such other liens
25or mortgages.
AB1089-ASA2, s. 16
1Section
16
. 88.40 (2) of the statutes, as affected by 1995 Wisconsin Acts 227
2and .... (this act), is amended to read:
AB1089-ASA2,10,73
88.40
(2) From the time of recordation of the order confirming such
4assessments for costs until they are paid, such assessments and the interest thereon
5are a first lien upon the lands assessed and take priority over all other liens or
6mortgages except liens for general taxes and liens under ss. 292.31 (8) (i)
and 292.41
7(6) (d) and 292.81, regardless of the priority in time of such other liens or mortgages.
AB1089-ASA2,10,169
101.143
(2) (e) The department shall promulgate rules, with an effective date
10of no later than January 1, 1996, specifying the methods the department will use
11under sub. (3) (ae)
, and (am)
and (as) to identify the petroleum product storage
12system or home oil tank system which discharged the petroleum product that caused
13an area of contamination and to determine when a petroleum product discharge that
14caused an area of contamination occurred. The department shall write the rule in
15a way that permits a clear determination of what petroleum product contamination
16is eligible for an award under sub. (4) after December 31, 1995.
AB1089-ASA2, s. 18
17Section
18. 101.143 (3) (a) (intro.) of the statutes is amended to read:
AB1089-ASA2,10,2418
101.143
(3) (a)
Who may submit a claim. (intro.) Subject to pars. (ae)
, and (am)
19and (as), an owner or operator or a person owning a home oil tank system may submit
20a claim to the department for an award under sub. (4) to reimburse the owner or
21operator or the person for the eligible costs under sub. (4) (b) that the owner or
22operator or the person incurs because of a petroleum products discharge from a
23petroleum product storage system or home oil tank system if all of the following
24apply:
AB1089-ASA2,11,105
101.143
(3) (c) 4. Receive written approval from the department of natural
6resources or, if the discharge is covered under s. 101.144 (2) (b), from the department
7of commerce that the remedial action activities performed under subd. 3. meet the
8requirements of s. 144.76
unless rules promulgated by the department of natural
9resources provide for an alternate means of certifying that the remedial action
10activities performed under subd. 3. meet the requirements of s. 144.76.
AB1089-ASA2, s. 21
11Section
21
. 101.143 (3) (c) 4. of the statutes, as affected by 1995 Wisconsin Acts
12227 and .... (this act), is amended to read:
AB1089-ASA2,11,1813
101.143
(3) (c) 4. Receive written approval from the department of natural
14resources or, if the discharge is covered under s. 101.144 (2) (b), from the department
15of commerce that the remedial action activities performed under subd. 3. meet the
16requirements of s. 292.11 unless rules promulgated by the department of natural
17resources provide for an alternate means of certifying that the remedial action
18activities performed under subd. 3. meet the requirements of s.
144.76 292.11.
AB1089-ASA2,11,2521
101.143
(4) (a) 7. In any fiscal year, the department may not award more than
225% of the amount appropriated under s. 20.445 (1) (v) as awards for petroleum
23product storage systems that are owned by school districts and that are used for
24storing heating oil for consumptive use on the premises where stored
and as awards
25for home oil tank systems.
AB1089-ASA2,12,122
101.143
(4) (a) 8. If an owner or operator or person owning a home oil tank
3system is conducting approved remedial action activities that were necessitated by
4a petroleum product discharge from a petroleum product storage system or home oil
5tank system and those remedial action activities have not remedied the discharge,
6then the department may approve financial assistance under this section for
7enhancements to the approved remedial action activities or different remedial action
8activities that the department determines will remedy the discharge without
9increasing the overall costs of remedying the discharge. The total amount of an
10original award under this section plus additional financial assistance provided
11under this subdivision is subject to the limits in pars. (d) to (e), (ei) and (em) on
12amounts of awards.
AB1089-ASA2,12,1814
101.143
(4) (ce)
Eligible cost; service providers. 1. The department may
15promulgate rules under which costs incurred because of discharges from petroleum
16product storage systems are not eligible costs under par. (b) unless the owners or
17operators of those petroleum product storage systems obtain service from the same
18service provider approved by the department.
AB1089-ASA2,13,219
2. The department may promulgate rules under which the department selects
20service providers to provide investigation or remedial action services in specified
21areas. The rules may provide that the costs of a service for which the department
22has selected a service provider in an area are not eligible costs under par. (b), or that
23eligible costs are limited to the amount that the selected service provider would have
24charged, if an owner or operator of a petroleum product storage system located in
25that area, or a person owning a home oil tank system located in that area, uses a
1service provider other than the service provider selected by the department to
2perform the services.
AB1089-ASA2,13,114
101.143
(4) (d) 1. The department shall issue an award under this paragraph
5for a claim filed after July 31, 1987, for eligible costs, under par. (b), incurred on or
6after August 1, 1987, and before
July 1, 1998 December 22, 2002, by the owner or
7operator of an underground petroleum product storage tank system and for eligible
8costs, under par. (b), incurred on or after
July 1, 1998 December 22, 2002, by the
9owner or operator of an underground petroleum product storage tank system if the
10petroleum product discharge on which the claim is based is confirmed and activities
11under sub. (3) (c) or (g) are begun before
July 1, 1998 December 22, 2002.
AB1089-ASA2,13,2214
101.143
(4) (dm) 1. The department shall issue an award under this paragraph
15for a claim for eligible costs, under par. (b), incurred on or after August 1, 1987, and
16before
July 1, 1998 December 22, 2002, by the owner or operator of a petroleum
17product storage system that is not an underground petroleum product storage tank
18system and for eligible costs, under par. (b), incurred on or after
July 1, 1998 19December 22, 2002, by the owner or operator of a petroleum product storage system
20that is not an underground petroleum product storage tank system if the petroleum
21product discharge on which the claim is based is confirmed and activities under sub.
22(3) (c) or (g) are begun before
July 1, 1998 December 22, 2002.
AB1089-ASA2, s. 28
23Section
28. 101.143 (4) (e) 1. b. and c. of the statutes are amended to read:
AB1089-ASA2,14,224
101.143
(4) (e) 1. b. Eligible costs, under par. (b), incurred on or after
July 1,
251998 December 22, 2002, by the owner or operator of a petroleum product storage
1system that is not an underground petroleum product storage system if those costs
2are not reimbursable under par. (dm) 1.
AB1089-ASA2,14,53
c. Eligible costs, under par. (b), incurred on or after
July 1, 1998 December 22,
42002, by the owner or operator of an underground petroleum product storage tank
5system if those costs are not reimbursable under par. (d) 1.
AB1089-ASA2,14,167
101.143
(7m) Intervention in 3rd-party actions. An owner or operator of
an
8underground a petroleum product storage
tank system shall notify the department
9of any action by a 3rd party against the owner or operator for compensation for bodily
10injury or property damage caused by a petroleum products discharge from the
11underground petroleum product storage
tank system if the owner or operator may
12be eligible for an award under this section. The department may intervene in any
13action by a 3rd party against an owner or operator for compensation for bodily injury
14or property damage caused by a petroleum products discharge from
an underground 15a petroleum product storage
tank system if the owner or operator may be eligible for
16an award under this section for compensation awarded in the action.
AB1089-ASA2,15,1118
109.09
(2) The department, under its authority under sub. (1) to maintain
19actions for the benefit of employes, or an employe who brings an action under s.
20109.03 (5) shall have a lien upon all property of the employer, real or personal, located
21in this state for the full amount of any wage claim or wage deficiency. A lien under
22this subsection takes effect when the department or employe files a verified petition
23claiming the lien with the clerk of the circuit court of the county in which the services
24or some part of the services were performed pays the fee specified in s. 814.61 (5) to
25that clerk of circuit court and serves a copy of that petition on the employer by
1personal service in the same manner as a summons is served under s. 801.11 or by
2certified mail with a return receipt requested. The department or employe must file
3the petition within 2 years after the date that the wages were due. The petition shall
4specify the nature of the claim and the amount claimed, describe the property upon
5which the claim is made and state that the petitioner claims a lien on that property.
6The lien shall take precedence over all other debts, judgments, decrees, liens or
7mortgages against the employer, except a lien under s. 144.442 (9) (i)
, or 144.76 (13)
8or 144.77 (6) (d), and may be enforced in the manner provided in ss. 779.09 to 779.12,
9779.20 and 779.21, insofar as such provisions are applicable. The lien ceases to exist
10if the department or the employe does not bring an action to enforce the lien within
11the period prescribed in s. 893.44 for the underlying wage claim.
AB1089-ASA2, s. 31
12Section
31
. 109.09 (2) of the statutes, as affected by 1995 Wisconsin Acts 227
13and .... (this act), is amended to read:
AB1089-ASA2,16,714
109.09
(2) The department, under its authority under sub. (1) to maintain
15actions for the benefit of employes, or an employe who brings an action under s.
16109.03 (5) shall have a lien upon all property of the employer, real or personal, located
17in this state for the full amount of any wage claim or wage deficiency. A lien under
18this subsection takes effect when the department or employe files a verified petition
19claiming the lien with the clerk of the circuit court of the county in which the services
20or some part of the services were performed pays the fee specified in s. 814.61 (5) to
21that clerk of circuit court and serves a copy of that petition on the employer by
22personal service in the same manner as a summons is served under s. 801.11 or by
23certified mail with a return receipt requested. The department or employe must file
24the petition within 2 years after the date that the wages were due. The petition shall
25specify the nature of the claim and the amount claimed, describe the property upon
1which the claim is made and state that the petitioner claims a lien on that property.
2The lien shall take precedence over all other debts, judgments, decrees, liens or
3mortgages against the employer, except a lien under s. 292.31 (8) (i)
or 292.41 (6) (d) 4or 292.81, and may be enforced in the manner provided in ss. 779.09 to 779.12, 779.20
5and 779.21, insofar as such provisions are applicable. The lien ceases to exist if the
6department or the employe does not bring an action to enforce the lien within the
7period prescribed in s. 893.44 for the underlying wage claim.
AB1089-ASA2,16,119
144.442
(5) (f) Means of making the most effective use of the grant program
10under sub. (9m) so as to encourage the greatest number of
political subdivisions local
11governmental units to undertake remedial action on property that they own.
AB1089-ASA2,16,1413
144.442
(9m) (title)
Grants to political subdivisions local governmental
14units for investigations and remedial action.
AB1089-ASA2, s. 34
15Section
34. 144.442 (9m) (a) 1. of the statutes is repealed and recreated to read:
AB1089-ASA2,16,1816
144.442
(9m) (a) 1. "Local governmental unit" means a municipality, a
17redevelopment authority created under s. 66.431 or a public official or public body
18designated by a municipality under s. 66.435 (4).
AB1089-ASA2,16,2420
144.442
(9m) (b) 1. The department may make investigative funding grants
21from the appropriations under s. 20.866 (2) (tg) to
political subdivisions local
22governmental units for the investigation of any site or facility owned by a
political
23subdivision local governmental unit in which the soil or groundwater is
24contaminated by environmental pollution.
AB1089-ASA2,17,3
1144.442
(9m) (b) 3. The department may not approve the application for an
2investigative funding grant for a site or facility that is not a landfill if the
political
3subdivision local governmental unit caused the environmental pollution.
AB1089-ASA2,17,95
144.442
(9m) (b) 4. An investigative funding grant shall equal 25% of the cost
6of the investigation. The
political subdivision's
local governmental unit's share of the
7costs may include contributions of equipment and labor. No
political subdivision 8local governmental unit may receive more than 35% of the total amount of funds
9available for investigative funding grants in any fiscal year.
AB1089-ASA2, s. 38
10Section
38. 144.442 (9m) (b) 5. (intro.) of the statutes is amended to read:
AB1089-ASA2,17,1511
144.442
(9m) (b) 5. (intro.) If sufficient funds are not available to make
12investigative funding grants to all
political subdivisions local governmental units 13that are eligible for investigative funding grants, the department shall give a higher
14priority to investigations with the potential of leading to remedial action resulting
15in all of the following:
AB1089-ASA2, s. 39
16Section
39. 144.442 (9m) (b) 6. (intro.) of the statutes is amended to read:
AB1089-ASA2,17,1817
144.442
(9m) (b) 6. (intro.) A
political subdivision local governmental unit may
18use the investigative funding grant funds for any of the following:
AB1089-ASA2,17,2420
144.442
(9m) (c) 1. The department may make remedial action grants from the
21appropriations under s. 20.866 (2) (tg) to
political subdivisions local governmental
22units for remedial action on any site or facility owned by a
political subdivision local
23governmental unit in which the soil or groundwater is contaminated by
24environmental pollution.
AB1089-ASA2, s. 41
25Section
41. 144.442 (9m) (c) 2. (intro.) of the statutes is amended to read:
AB1089-ASA2,18,4
1144.442
(9m) (c) 2. (intro.) The department by rule shall establish the
2application requirements and grant conditions for a remedial action grant. The
3department shall require the
political subdivision
local governmental unit to include
4in its application all of the following:
AB1089-ASA2, s. 42
5Section
42. 144.442 (9m) (c) 2. d. of the statutes is amended to read:
AB1089-ASA2,18,116
144.442
(9m) (c) 2. d. A statement of whether the
political subdivision local
7governmental unit intends to use the cost recovery procedure in s. 144.4422. If the
8political subdivision local governmental unit indicates in its application that it
9intends to use the cost recovery procedure in s. 144.4422, the department may not
10approve the application for a remedial action grant until the
political subdivision 11local governmental unit completes the procedures under s. 144.4422 (2g) and (2r).
AB1089-ASA2,18,1513
144.442
(9m) (c) 4. The department may not approve the application for a
14remedial action grant for a site or facility that is not a landfill if the
political
15subdivision local governmental unit caused the environmental pollution.
AB1089-ASA2, s. 44
16Section
44. 144.442 (9m) (c) 5. (intro.) of the statutes is amended to read:
AB1089-ASA2,18,1917
144.442
(9m) (c) 5. (intro.) The department shall require the
political
18subdivision local governmental unit to do all of the following as a condition of
19receiving a remedial action grant:
AB1089-ASA2,18,2421
144.442
(9m) (c) 6. Upon reviewing the application, if the department
22determines that the
political subdivision local governmental unit is eligible to
23receive a remedial action grant and that funds are available to make a remedial
24action grant, it shall notify the
political subdivision local governmental unit.
AB1089-ASA2,19,5
1144.442
(9m) (c) 7. A remedial action grant shall equal 25% of the eligible costs
2of the remedial action. The
political subdivision's
local governmental unit's share of
3the costs may include contributions of equipment and labor. No
political subdivision 4local governmental unit may receive more than 35% of the total amount of funds
5allocated for remedial action grants in any fiscal year.
AB1089-ASA2, s. 47
6Section
47. 144.442 (9m) (c) 8. (intro.) of the statutes is amended to read:
AB1089-ASA2,19,107
144.442
(9m) (c) 8. (intro.) If sufficient funds are not available to make
8remedial action grants to all
political subdivisions
local governmental units that are
9eligible for remedial action grants, the department shall give a higher priority to
10remedial actions that will result in all of the following: