AB150: Bill Text

AB150,2109,8 345.08 Suit to recover protested tax or fee. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied or the fees imposed or enacted in chs. 341 to 349.The aggrieved taxpayer shall pay the tax or fee as and when due and, if paid under protest, may at any time within 90 days from the date of such payment sue the state in an action at law to recover the tax or fee so paid. If it is finally determined that such tax or fee or any part thereof was wrongfully collected for any reason, the department secretary of administration shall issue a warrant on the state treasurer for the amount of such tax or fee so adjudged to have been wrongfully collected and the state treasurer shall pay the same out of the transportation fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as were made within the 90-day period preceding the commencement of the action. Such suits shall be commenced as provided in s. 775.01.

AB150, s. 6414 Section 6414. 346.45 (3) (d) of the statutes is amended to read:

AB150,2109,13 346.45 (3) (d) A railroad grade crossing which is marked with a sign in accordance with s. 195.285 (3). Such signs shall be erected by the maintaining authority only upon order of the office of the commissioner of railroads department or the division of hearings and appeals as set forth in s. 195.285.

AB150, s. 6415 Section 6415. 346.503 (1m) (g) of the statutes is amended to read:

AB150,2109,18 346.503 (1m) (g) This subsection does not affect the authority under s. 101.13 of the department of industry, labor and human relations development to require by rule the reservation of parking spaces for use by a motor vehicle used by a physically disabled person.

AB150, s. 6416 Section 6416. 346.503 (4) of the statutes is amended to read:

AB150,2109,23 346.503 (4) The department, after consulting with the department of industry, labor and human relations development, shall promulgate rules governing the design, size and installation of the official traffic signs required under sub. (2) or (2m).

AB150, s. 6417 Section 6417. 350.01 (1r) of the statutes is repealed.

AB150, s. 6418 Section 6418. 350.01 (9g) of the statutes is amended to read:

AB150,2110,3 350.01 (9g) "Law enforcement officer" has the meaning specified under s. 165.85 (2) (c) and includes a person appointed as a conservation warden by the department under s. 23.10 (1) or a state park ranger under s. 27.92.

AB150, s. 6419 Section 6419. 350.12 (4) (a) (intro.) of the statutes is amended to read:

AB150,2110,7 350.12 (4) (a) Enforcement, administration and related costs. (intro.) The moneys appropriated from s. 20.370 (3) (aq), (4) (ft) (5) (es) and (is) (mw) and (8) (dq) may be used for the following:

AB150, s. 6420 Section 6420. 350.12 (4) (a) 4. of the statutes is amended to read:

AB150,2110,18 350.12 (4) (a) 4. An amount necessary to pay the cost of law enforcement aids to counties as appropriated under s. 20.370 (4) (ft) (5) (es). On or before June 1, a county shall file with the department on forms prescribed by the department a detailed statement of the costs incurred by the county in the enforcement of this chapter during the preceding May 1 to April 30. The department shall audit the statements and determine the county's net costs for enforcement of this chapter. The department shall compute the state aids on the basis of 100% of these net costs and shall pay these aids on or before October 1. If the state aids payable to counties exceed the moneys available for such purpose, the department shall prorate the payments.

AB150, s. 6421 Section 6421. 350.12 (4) (b) (intro.) of the statutes is amended to read:

AB150,2110,25 350.12 (4) (b) Trail aids and related costs. (intro.) The moneys appropriated under s. 20.370 (1) (mq) and (4) (bs) (5) (cr) and (bt) (cs) shall be used for development and maintenance, the cooperative snowmobile sign program, major reconstruction or rehabilitation to improve bridges on existing approved trails, trail rehabilitation, signing of snowmobile routes, and state snowmobile trails and areas and distributed as follows:

AB150, s. 6422 Section 6422. 350.12 (4) (b) (intro.) of the statutes, as affected by 1995 Wisconsin Act ..... (this act), is repealed and recreated to read:

AB150,2111,8 350.12 (4) (b) (intro.) Trail aids and related costs. The moneys appropriated under s. 20.370 (1) (mq) and (5) (cr) and (cs) shall be used by the department for development and maintenance, the cooperative snowmobile sign program, major reconstruction or rehabilitation to improve bridges on existing approved trails, trail rehabilitation, signing of snowmobile routes, and state snowmobile trails and areas and distributed as follows:

AB150, s. 6423 Section 6423. 350.12 (4) (b) 1. of the statutes is amended to read:

AB150,2111,22 350.12 (4) (b) 1. State aids and funds for maintenance costs shall be 100% of the actual cost of maintaining the trail per year up to a $200 per mile per year maximum, except as provided in pars. (bg) to (br). Qualifying trails are trails approved by the board secretary of natural resources as snowmobile trails. State aid for development may equal 100% of development expenses. Aids for major reconstruction or rehabilitation projects to improve bridges may equal 100% of eligible costs. Aids for trail rehabilitation may equal 100% of eligible costs. Development shall begin the same year the land is acquired. Moneys available for development shall be distributed on a 100% grant basis, 75% at the time of approval but no later than January 1 and 25% upon completion of the project. A county application may include a request for development, rehabilitation or maintenance of trails, or any combination thereof. Trail routes, sizes and specifications shall be prescribed only by the board secretary of natural resources.

AB150, s. 6424 Section 6424. 350.12 (4) (b) 1. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,2112,13 350.12 (4) (b) 1. State aids and funds for maintenance costs shall be 100% of the actual cost of maintaining the trail per year up to a $200 per mile per year maximum, except as provided in pars. (bg), (bm) and (br). Qualifying trails are trails approved by the secretary of natural resources as snowmobile trails. State aid for development may equal 100% of development expenses. Aids for major reconstruction or rehabilitation projects to improve bridges may equal 100% of eligible costs. Aids for trail rehabilitation may equal 100% of eligible costs. Development shall begin the same year the land is acquired. Moneys available for development shall be distributed on a 100% grant basis, 75% at the time of approval but no later than January 1 and 25% upon completion of the project. A county application may include a request for development, rehabilitation or maintenance of trails, or any combination thereof. Trail routes, sizes and specifications shall be prescribed only by the secretary of natural resources.

****Note: This is reconciled s. 350.12 (4) (b) 1. This Section has been affected by drafts with the following LRB numbers: LRB-2161 and LRB-1779.

AB150, s. 6425 Section 6425. 350.12 (4) (b) 4. of the statutes is amended to read:

AB150,2112,21 350.12 (4) (b) 4. For the maintenance, rehabilitation and development of snowmobile trails and areas on state lands and for major rehabilitation of snowmobile bridges, 100% of the actual cost for development and rehabilitation and 100% of the actual cost of maintaining the trails per year up to the per mile per year maximum specified under subd. 1. Qualifying trails are those approved by the board secretary of natural resources. Trail routes, sizes and specifications shall be prescribed only by the board secretary of natural resources.

AB150, s. 6426 Section 6426. 350.12 (4) (b) 4. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,2113,8 350.12 (4) (b) 4. For the maintenance, rehabilitation and development of snowmobile trails and areas on state lands and for major rehabilitation of snowmobile bridges, 100% of the actual cost for development and rehabilitation and 100% of the actual cost of maintaining the trails per year up to the per mile per year maximum specified under subd. 1. except as provided in pars. (bg), (bm) and (br). Qualifying trails are those approved by the secretary of natural resources. Trail routes, sizes and specifications shall be prescribed only by the secretary of natural resources.

****Note: This is reconciled s. 350.12 (4) (b) 4. This Section has been affected by drafts with the following LRB numbers: LRB-2161 and LRB-1779.

AB150, s. 6427 Section 6427. 350.12 (4) (ba) of the statutes is created to read:

AB150,2113,15 350.12 (4) (ba) Trails in the state park system. 1. The department of tourism and parks shall develop and maintain the state snowmobile trails and areas in the state park system and rehabilitate the bridges in the system. The department of tourism and parks shall prescribe the trail routes, sizes and specifications for the trails in the state park system. Paragraph (b) 4. does not apply to snowmobile trails, areas and bridges in the state park system.

AB150,2113,20 2. From the appropriation under s. 20.380 (1) (s), the department of tourism and parks may expend moneys for development, maintenance and rehabilitation as authorized in subd. 1. The amount expended for development, maintenance and rehabilitation may equal up to 100% of the actual costs of the rehabilitation, development or maintenance except as provided in subd. 3.

AB150,2113,23 3. The amount expended for maintenance of snowmobile trails in the state park system may not exceed the per mile per maximum specified under par. (b) 1., except as provided in pars. (bg), (bp) and (br).

AB150, s. 6428 Section 6428. 350.12 (4) (bc) (intro.) of the statutes is amended to read:

AB150,2114,3 350.12 (4) (bc) (intro.) For the purposes of par. pars. (b) (intro.), 1. and 4. and (ba), development includes the following:

AB150, s. 6429 Section 6429. 350.12 (4) (be) (intro.) of the statutes is amended to read:

AB150,2114,7 350.12 (4) (be) (intro.) In addition to paying for trail maintenance costs, payments received for maintenance under par. (b) 1. or 4., par. (ba), (bg) or, (bm) or (bp) may be used for any of the following:

AB150, s. 6430 Section 6430. 350.12 (4) (bg) of the statutes is amended to read:

AB150,2114,15 350.12 (4) (bg) Supplemental trail aid payments. Of the moneys appropriated under s. 20.370 (4) (bt) (5) (cs), the department shall make available in fiscal year 1992-93 and each fiscal year thereafter an amount equal to the amount calculated under s. 25.29 (1) (d) 2. to make payments to the department or a county under par. (bm) for trail maintenance costs incurred in the previous fiscal year that exceed the maximum specified under par. (b) 1. before expending any of the amount for the other purposes specified in par. (b).

AB150, s. 6431 Section 6431. 350.12 (4) (bg) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,2114,25 350.12 (4) (bg) Supplemental trail aid payments. Of the moneys appropriated under s. 20.370 (5) (cs), the department of natural resources shall make available in fiscal year 1992-93 and each fiscal year thereafter an amount equal to the amount calculated under s. 25.29 (1) (d) 2. to make payments to itself, the department of tourism and parks or a county under par. (bm) as reimbursement for trail maintenance costs that it incurred in the previous fiscal year and that exceed the maximum specified under par. (b) 1., before expending any of the amount for the other purposes specified in par. (b).

AB150, s. 6432 Section 6432. 350.12 (4) (bp) of the statutes is created to read:

AB150,2115,4 350.12 (4) (bp) Supplemental trail aid payments; state park system. The department of tourism and parks shall be eligible for payments under par. (bg) if it applies for aid and if all of the following apply:

AB150,2115,7 1. The actual cost incurred by the department of tourism and parks in maintaining the trails that are qualified under par. (bq) in the previous fiscal year exceeds the maximum of $200 per mile per year specified under par. (b) 1.

AB150,2115,11 2. Of the actual cost incurred by the department of tourism and parks in maintaining its trails that are qualified under par. (bq) for the fiscal year applicable under subd. 1., the actual cost incurred in grooming the trails exceeds a maximum of $130 per mile per year.

AB150, s. 6433 Section 6433. 350.12 (4) (bq) of the statutes is created to read:

AB150,2115,14 350.12 (4) (bq) State park system; qualified trails. The secretary of natural resources shall determine which trails qualify for purposes of par. (bp).

AB150, s. 6434 Section 6434. 350.12 (4) (br) of the statutes is amended to read:

AB150,2115,19 350.12 (4) (br) Supplemental trail aid payments; proration. If the aid that is payable to counties and to the department of natural resources and the department of tourism and parks under par. pars. (bm) and (bp) exceeds the moneys available under par. (bg), the department shall prorate the payments.

AB150, s. 6435 Section 6435. 350.12 (4) (c) of the statutes is amended to read:

AB150,2115,24 350.12 (4) (c) Lapses. Any moneys appropriated under s. 20.370 (1) (mq), (3) (aq), (4) (is) (5) (mw) or (8) (dq) that lapse at the end of the fiscal year or that lapse after the end of the fiscal year because of the liquidation of an encumbrance shall revert to the snowmobile account in the conservation fund.

AB150, s. 6436 Section 6436. 350.12 (4) (c) of the statutes as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,2116,6 350.12 (4) (c) Lapses. Any moneys appropriated under s. 20.370 (1) (mq), (3) (aq), (5) (mw) or (8) (dq) or 20.380 (1) (s) that lapse at the end of the fiscal year or that lapse after the end of the fiscal year because of the liquidation of an encumbrance shall revert to the snowmobile account in the conservation fund.

AB150, s. 6437 Section 6437. 350.14 (1) of the statutes is amended to read:

AB150,2116,12 350.14 (1) The snowmobile recreational council shall carry out studies and make recommendations to the legislature, governor, department of natural resources, the department of tourism and parks and department of transportation on all matters related to this chapter or otherwise affecting snowmobiles and snowmobiling.

AB150, s. 6438 Section 6438. 350.145 (3) (b) of the statutes is amended to read:

AB150,2116,17 350.145 (3) (b) The secretary of natural resources shall submit any written comments that the secretary receives under par. (a) 2. to the natural resources board and to the secretary of administration with the department's submission of its budget report under s. 16.42.

AB150, s. 6439 Section 6439. 350.15 (3) (a) of the statutes is amended to read:

AB150,2116,24 350.15 (3) (a) If a snowmobile accident results in the death of any person, or in an injury that requires the treatment of a person by a physician, the operator of each snowmobile involved in the accident shall give notice of the accident to a conservation warden or local law enforcement officer as soon as possible and, within 10 days after the accident, shall file a written report of the accident with the department on the form prescribed by it.

AB150, s. 6440 Section 6440. 350.17 (1) of the statutes is amended to read:

AB150,2117,3 350.17 (1) Any officer of the state traffic patrol under s. 110.07 (1), inspector under s. 110.07 (3), warden of the department under s. 23.10, county sheriff or municipal peace law enforcement officer may enforce the provisions of this chapter.

AB150, s. 6441 Section 6441. 406.104 (1) (c) of the statutes is amended to read:

AB150,2117,8 406.104 (1) (c) The transferee preserves the list and schedule for 6 months next following the transfer and permits inspection of either or both and copying therefrom at all reasonable hours by any creditor of the transferor, or files the list and schedule in with the office of the secretary of state department of financial institutions.

AB150, s. 6442 Section 6442. 409.105 (1) (dm) of the statutes is created to read:

AB150,2117,10 409.105 (1) (dm) "Department" means the department of financial institutions.

AB150, s. 6443 Section 6443. 409.401 (1) (c) of the statutes is amended to read:

AB150,2117,13 409.401 (1) (c) In all other cases, in the office of the secretary of state with the department.

AB150, s. 6444 Section 6444. 409.401 (5) of the statutes is amended to read:

AB150,2117,19 409.401 (5) Notwithstanding the preceding subsections, and subject to s. 409.302 (3), the proper place to file in order to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the secretary of state with the department. This filing constitutes a fixture filing under s. 409.313 as to the collateral described therein which is or is to become fixtures.

AB150, s. 6445 Section 6445. 409.402 (3m) of the statutes is amended to read:

AB150,2117,25 409.402 (3m) The secretary of state department shall prescribe by rule standard forms for filing a financing statement, continuation statement, termination statement, statement of assignment or statement of release. A filing officer may refuse to accept statements not on the required form or not containing information required under sub. (1).

AB150, s. 6446 Section 6446. 409.403 (3) of the statutes is amended to read:

AB150,2118,23 409.403 (3) A continuation statement may be filed by the secured party within 6 months prior to the expiration of the 5-year period specified in sub. (2). Any such continuation statement must be signed by the secured party, identify the original statement by file number and state that the original statement is still effective. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with s. 409.405 (2), including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for 5 years after the last date to which the filing was effective whereupon it lapses in the same manner as provided in sub. (2) unless another continuation statement is filed prior to such lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it immediately if the officer has retained a microfilm or other photographic record or an optical disk or electronic copy. In other cases a lapsed statement may not be destroyed until after one year after the lapse. The filing officer shall so arrange matters by physical annexation of financing statements to continuation statements or other related filings, or by other means, that if the officer physically destroys the financing statements of a period more than 5 years past, those which have been continued by a continuation statement or which are still effective under sub. (6) shall be retained.

AB150, s. 6447 Section 6447. 409.403 (4) of the statutes is amended to read:

AB150,2119,6 409.403 (4) Except as provided in sub. (7), a filing officer shall mark each statement with a file number and with the date and hour of filing and shall hold the statement or a microfilm or other photographic copy thereof, or an optical disk or electronic copy thereof, for public inspection. In addition the filing officer shall index the statements according to the name of the debtor and shall note in the index the file number and the address of the debtor given in the statement.

AB150, s. 6448 Section 6448. 409.403 (5) (a) 1. of the statutes is amended to read:

AB150,2119,15 409.403 (5) (a) 1. The fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement is $8 if the statement is on the standard form prescribed by the secretary of state department and is $16 if the statement is not on the standard form or if additional pages are attached to the standard form. The fee for filing an original financing statement subject to s. 409.402 (5) is $10 if the statement is on the standard form and is $20 if the statement is not on the standard form or if additional pages are attached to the standard form.

AB150, s. 6449 Section 6449. 409.403 (5) (a) 2. of the statutes is amended to read:

AB150,2119,22 409.403 (5) (a) 2. The fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an amendment or a continuation statement is $5 if the amendment or statement is on the standard form prescribed by the secretary of state department and is $10 if the amendment or statement is not on the standard form or if additional pages are attached to the standard form.

AB150, s. 6450 Section 6450. 409.403 (5) (a) 3. of the statutes, as affected by 1993 Wisconsin Act 452, is amended to read:

AB150,2120,4 409.403 (5) (a) 3. A register of deeds shall forward $3 to the office of the secretary of state department for each original financing statement filed with the office of the register of deeds under subd. 1. and for each amendment and each continuation statement filed with the office of the register of deeds under subd. 2.

AB150, s. 6451 Section 6451. 409.403 (5) (b) (title) of the statutes is amended to read:

AB150,2120,7 409.403 (5) (b) (title) Fees for filing with the office of the secretary of state department of financial institutions.

AB150, s. 6452 Section 6452. 409.403 (5) (b) 1. of the statutes is amended to read:

AB150,2120,13 409.403 (5) (b) 1. The fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement is $8 if the statement is on the standard form prescribed by the secretary of state department and is $16 if the statement is not on the standard form or if additional pages are attached to the standard form.

AB150, s. 6453 Section 6453. 409.403 (5) (b) 2. of the statutes is amended to read:

AB150,2120,20 409.403 (5) (b) 2. The fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an amendment or a continuation statement is $5 if the amendment or statement is on the standard form prescribed by the secretary of state department and is $10 if the amendment or statement is not on the standard form or if additional pages are attached to the standard form.

AB150, s. 6454 Section 6454. 409.404 (1) (b) of the statutes is amended to read:

AB150,2121,8 409.404 (1) (b) (title) Requirement for filing termination statement with the office of secretary of state department of financial institutions. Except as provided in par. (c), if a financing statement is filed with the office of the secretary of state department, then within one month or within 10 days following written demand by the debtor after there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must file with the office of the secretary of state department a termination statement to the effect that the secured party no longer claims a security interest under the financing statement, which shall be identified by file number. A termination statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record complying with s. 409.405 (2), including payment of the required fee.

AB150, s. 6455 Section 6455. 409.404 (1) (c) (intro.) of the statutes is amended to read: