SB44: Bill Text

SB44, s. 2299 Section 2299. 195.60 (4) (a) of the statutes is amended to read:

SB44,906,15 195.60 (4) (a) Within 30 days after the date of the mailing of any bill as provided by subs. (1) and (2), the railroad against which such bill has been rendered may file with the office division of hearings and appeals objections setting out in detail the grounds upon which the objector regards the bill to be excessive, erroneous, unlawful or invalid. The office division of hearings and appeals, after notice to the objector and the department, shall hold a hearing upon such objections, not less than 5 nor more than 10 days after such notice. If after such hearing the office division of hearings and appeals finds any part of the bill to be excessive, erroneous, unlawful or invalid it shall record its findings upon its minutes with respect to the objections and transmit to the objector and the department an amended bill, in accordance with such findings. The amended bill shall have in all ways the same force and effect under this section as an original bill rendered under subs. (1) and (2).

SB44, s. 2300 Section 2300. 195.60 (4) (b) of the statutes is amended to read:

SB44,906,20 195.60 (4) (b) If after the hearing the office division of hearings and appeals finds the entire bill unlawful or invalid, it shall notify the objector and the department of such determination, in which case the original bill shall be deemed void.

SB44, s. 2301 Section 2301. 195.60 (4) (c) of the statutes is amended to read:

SB44,907,2 195.60 (4) (c) If after the hearing the office division of hearings and appeals finds that the bill as rendered is neither excessive, erroneous, unlawful or invalid, either in whole or in part, it shall record such findings upon its minutes with respect to the objections, and transmit to the objector and the department notice of such finding.

SB44, s. 2302 Section 2302. 195.60 (4) (d) of the statutes is amended to read:

SB44,907,14 195.60 (4) (d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that such objections have been overruled and disallowed by the office division of hearings and appeals has been mailed to the objector, the office department shall give notice of such delinquency to the state treasurer and to the objector, in the manner provided in sub. (3). The state treasurer shall then proceed to collect the amount of the bill as provided in sub. (3). If an amended bill is not paid within 10 days after a copy thereof is mailed to the objector by registered mail, the office department shall notify the state treasurer and the objector as in the case of delinquency in the payment of an original bill. The state treasurer shall then proceed to collect the amount of the bill as provided in the case of an original bill.

SB44, s. 2303 Section 2303 . 195.60 (4) (d) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,908,3 195.60 (4) (d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that such objections have been overruled and disallowed by the division of hearings and appeals has been mailed to the objector, the department shall give notice of such delinquency to the state treasurer secretary of administration and to the objector, in the manner provided in sub. (3). The state treasurer secretary of administration shall then proceed to collect the amount of the bill as provided in sub. (3). If an amended bill is not paid within 10 days after a copy thereof is mailed to the objector by registered mail, the department shall notify the state treasurer secretary of administration and the objector as in the case of delinquency in the payment of an original bill. The state treasurer secretary of administration shall then proceed to collect the amount of the bill as provided in the case of an original bill.

SB44, s. 2304 Section 2304. 195.60 (5) of the statutes is amended to read:

SB44,908,15 195.60 (5) No suit or proceeding shall be maintained in any court for the purpose of restraining or in any way delaying the collection or payment of any bill rendered under subs. (1) and (2). Every railroad against which a bill is rendered shall pay the amount thereof, and after such payment may in the manner herein provided, at any time within 2 years from the date the payment was made, sue the state in an action at law to recover the amount paid with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful or invalid in whole or in part. If it is finally determined in such action 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, which shall be charged to the appropriations to the office department.

SB44, s. 2305 Section 2305 . 195.60 (5) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,909,4 195.60 (5) No suit or proceeding shall be maintained in any court for the purpose of restraining or in any way delaying the collection or payment of any bill rendered under subs. (1) and (2). Every railroad against which a bill is rendered shall pay the amount thereof, and after such payment may in the manner herein provided, at any time within 2 years from the date the payment was made, sue the state in an action at law to recover the amount paid with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful, or invalid in whole or in part. If it is finally determined in such action that any part of the bill for which payment was made was excessive, erroneous, unlawful, or invalid, the state treasurer secretary of administration shall make a refund to the claimant as directed by the court, which shall be charged to the appropriations to the department.

SB44, s. 2306 Section 2306. 195.60 (6) of the statutes is amended to read:

SB44,909,12 195.60 (6) No action for recovery of any amount paid under this section shall be maintained in any court unless objections have been filed with the office division of hearings and appeals as provided in this section. In any action for recovery of any payments made under this section the claimant shall be entitled to raise every relevant issue of law, but the office's findings of fact of the division of hearings and appeals made pursuant to this section shall be prima facie evidence of the facts therein stated.

SB44, s. 2307 Section 2307. 195.60 (7) (intro.) of the statutes is repealed.

SB44, s. 2308 Section 2308. 195.60 (7) (a) of the statutes is renumbered 195.60 (7) and amended to read:

SB44,909,18 195.60 (7) Determinations of fact expressed in bills rendered under this section; and shall be considered to be findings of fact of the division of hearings and appeals, within the meaning of this section.

SB44, s. 2309 Section 2309. 195.60 (7) (b) of the statutes is repealed.

SB44, s. 2310 Section 2310. 196.199 (3) (d) of the statutes is amended to read:

SB44,910,11 196.199 (3) (d) If, at any time during a proceeding under this subsection, the commission determines, after notice and reasonable opportunity to be heard, that a person has made a filing in violation of par. (c), the commission shall order the person to pay to any party to the proceeding the amount of reasonable expenses incurred by that party because of the filing, including reasonable attorney fees, and the commission may directly assess a forfeiture against the person of not less than $25 nor more than $5,000. A person against whom the commission assesses a forfeiture under this paragraph shall pay the forfeiture to the commission within 10 days after receipt of notice of the assessment or, if the person petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The commission shall remit all forfeitures paid under this paragraph to the state treasurer secretary of administration for deposit in the school fund. The attorney general may bring an action in the name of the state to collect any forfeiture assessed by the commission under this paragraph that has not been paid as provided in this paragraph. The only contestable issue in such an action is whether or not the forfeiture has been paid.

SB44, s. 2311 Section 2311. 196.218 (3) (a) 3. b. of the statutes is amended to read:

SB44,910,14 196.218 (3) (a) 3. b. The amounts appropriated under ss. 20.255 (3) (q), 20.275 (1) and (4) (s), (t), and (tm) and 20.285 (1) (q).

SB44, s. 2312 Section 2312. 196.218 (4t) of the statutes is amended to read:

SB44,910,21 196.218 (4t) Educational telecommunications access program rules. The commission, in consultation with the department of administration and the technology for educational achievement in Wisconsin board department of public instruction, shall promulgate rules specifying the telecommunications services eligible for funding through the educational telecommunications access program under s. 44.73 115.9995.

SB44, s. 2313 Section 2313. 196.218 (5) (a) 5. of the statutes is amended to read:

SB44,911,2 196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 to the extent that these costs are not paid under s. 44.73 115.9995 (2) (d), except that no moneys in the universal service fund may be used to pay installation costs that are necessary for a political subdivision to obtain access to bandwidth under a shared service agreement under s. 44.73 115.9995 (2r) (a).

SB44, s. 2314 Section 2314 . 196.218 (5) (a) 5. of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,911,9 196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 16.971 (13) to (16) to the extent that these costs are not paid under s. 115.9995 (2) (d), except that no moneys in the universal service fund may be used to pay installation costs that are necessary for a political subdivision to obtain access to bandwidth under a shared service agreement under s. 115.9995 (2r) (a).

SB44, s. 2315 Section 2315. 196.218 (5) (a) 6. of the statutes is amended to read:

SB44,911,14 196.218 (5) (a) 6. To pay the department of electronic government administration for telecommunications services provided under s. 22.05 16.972 (1) to the campuses of the University of Wisconsin System at River Falls, Stout, Superior and Whitewater.

SB44, s. 2316 Section 2316. 196.218 (5) (a) 7. of the statutes is amended to read:

SB44,911,19 196.218 (5) (a) 7. To make grants awarded by the technology for educational achievement in Wisconsin board department of public instruction to school districts and private schools under s. 44.73 115.9995 (6). This subdivision does not apply after June 30, 2002 December 31, 2005.

SB44, s. 2317 Section 2317. 196.218 (5) (a) 10. of the statutes is repealed.

SB44, s. 2318 Section 2318. 196.491 (2) (e) of the statutes is amended to read:

SB44,911,25 196.491 (2) (e) Any state agency, as defined in s. 16.375 560.9810 (1), county, municipality, town or person may submit written comments to the commission on a strategic energy assessment within 90 days after copies of the draft are issued under par. (b).

SB44, s. 2319 Section 2319. 196.675 (1) of the statutes is renumbered 196.675 (1r).

SB44, s. 2320 Section 2320. 196.675 (1g) of the statutes is created to read:

SB44,912,4 196.675 (1g) In this section, "assistant district attorney" includes an assignable prosecutor, as defined in s. 978.001 (1c).

SB44, s. 2321 Section 2321. 196.85 (3) of the statutes is amended to read:

SB44,912,21 196.85 (3) If any public utility, sewerage system, joint local water authority, or power district is billed under sub. (1), (2), or (2e) and fails to pay the bill within 30 days or fails to file objections to the bill with the commission, as provided in this subsection, the commission shall transmit to the state treasurer secretary of administration a certified copy of the bill, together with notice of failure to pay the bill, and on the same day the commission shall mail by registered mail to the public utility, sewerage system, joint local water authority, or power district a copy of the notice that it has transmitted to the state treasurer. Within 10 days after receipt of the notice and certified copy of the bill, the state treasurer secretary of administration shall levy the amount stated on the bill to be due, with interest, by distress and sale of any property, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to the delinquent public utility, sewerage system, joint local water authority, or power district. The levy by distress and sale shall be governed by s. 74.10, 1985 stats., except that it shall be made by the state treasurer secretary of administration and that goods and chattels anywhere within the state may be levied upon.

SB44, s. 2322 Section 2322. 196.85 (4) (d) of the statutes is amended to read:

SB44,913,9 196.85 (4) (d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that the objections have been overruled and disallowed by the commission has been mailed to the objector as provided in this subsection, the commission shall give notice of the delinquency to the state treasurer secretary of administration and to the objector, in the manner provided in sub. (3). The state treasurer secretary of administration shall then proceed to collect the amount of the delinquent bill as provided in sub. (3). If an amended bill is not paid within 10 days after a copy of the amended bill is mailed to the objector by registered mail, the commission shall notify the state treasurer secretary of administration and the objector as in the case of delinquency in the payment of an original bill. The state treasurer secretary of administration shall then proceed to collect the amount of the amended bill as provided in the case of an original bill.

SB44, s. 2323 Section 2323. 196.85 (5) of the statutes is amended to read:

SB44,913,21 196.85 (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), or (2e). Every public utility, sewerage system, joint local water authority, 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 secretary of administration shall make a refund to the claimant as directed by the court. The refund shall be charged to the appropriations to the commission.

SB44, s. 2324 Section 2324. 196.858 (1) and (2) of the statutes are amended to read:

SB44,913,25 196.858 (1) The commission shall annually assess against local exchange and interexchange telecommunications utilities the total, not to exceed $5,000,000, of the amounts appropriated under s. 20.530 20.505 (1) (ir).

SB44,914,10 (2) The commission shall assess a sum equal to the annual total amount under sub. (1) to local exchange and interexchange telecommunications utilities in proportion to their gross operating revenues during the last calendar year. If total expenditures for telephone relay service exceeded the payment made under this section in the prior year, the commission shall charge the remainder to assessed telecommunications utilities in proportion to their gross operating revenues during the last calendar year. A telecommunications utility shall pay the assessment within 30 days after the bill has been mailed to the assessed telecommunication utility. The bill constitutes notice of the assessment and demand of payment. Payments shall be credited to the appropriation account under s. 20.530 20.505 (1) (ir).

SB44, s. 2325 Section 2325. 197.10 (4) of the statutes is amended to read:

SB44,915,5 197.10 (4) Insofar as the use, operation, service, management, control, sale, lease, purchase, extension, improvement, rates, value or earnings of the properties of the public utility or provisions looking toward the ultimate acquisition of the same are made subject to the terms of any contract provided for in sub. (1), and so long as said contract remains in force, the following sections of the statutes shall be inapplicable to the same: ss. 195.05, 195.10, 196.02 (1) and (2), 196.05, 196.09, 196.10, 196.11, 196.15, 196.16, 196.19 (6), 196.20, 196.21, 196.22, 196.26, 196.28, 196.30, 196.37, 196.39, 196.40, 196.58, 196.70, 197.01 (2) to (4), 197.02, 197.03, 197.04, 197.05, 197.06, 197.08 and 197.09; provided that nothing in any contract made hereunder shall operate to prevent an appeal to the public service commission by any person, other than a party to said contract, upon any complaint alleging that any rate, fare, charge or classification, or any joint rate, or any regulation, act or practice relating to the production, transmission, delivery or furnishing of gas, heat, light or power, or any service in connection therewith, is unjustly discriminatory, or that any such service is inadequate or cannot be obtained. Upon said appeal the commission shall, as provided by law, determine and by order fix a rate, fare, charge, classification, joint rate or regulation, act or practice or service to be imposed, observed or followed in the future in lieu of that found to be unjustly discriminatory or inadequate.

SB44, s. 2326 Section 2326. 201.01 (1) of the statutes is amended to read:

SB44,915,9 201.01 (1) "Commission" means the office of the commissioner of railroads in the case of railroads and the public service commission in the case of other public service corporations.

SB44, s. 2327 Section 2327. 201.01 (2) of the statutes is amended to read:

SB44,916,3 201.01 (2) "Public service corporation" means and embraces every corporation, except municipalities and other political subdivisions, which is a public utility as defined in s. 196.01, and every corporation which is a railroad as defined in s. 195.02, but shall not include a public utility corporation receiving an annual gross revenue of less than $1,000 for the calendar year next preceding the issuance of any securities by it. "Public service corporation" includes a holding company, as defined under s. 196.795 (1) (h), which is a public utility, as defined under s. 196.01 (5). "Public service corporation" does not include a telecommunications utility, as defined in s. 196.01 (10). "Public service corporation" does not include any other holding company unless the holding company was formed after November 28, 1985, and unless the commission has determined, under s. 196.795 (7) (a), that each nonutility affiliate, as defined under s. 196.795 (1) (j), does not and cannot reasonably be expected to do at least one of the items specified in s. 196.795 (7) (a). "Public service corporation" does not include a company, as defined in s. 196.795 (1) (f), which owns, operates, manages or controls a telecommunications utility, as defined in s. 196.01 (10), unless such company also owns, operates, manages or controls a public utility which is not a telecommunications utility. "Public service corporation" does not include a transmission company, as defined in s. 196.485 (1) (ge).

SB44, s. 2328 Section 2328. 201.10 (3) of the statutes is amended to read:

SB44,916,17 201.10 (3) Whenever the commission deems it necessary to make an investigation of the books, accounts and practices or to make an appraisal of the property of any public service corporation which has filed an application for authority to issue any securities to which this chapter is applicable, such public service corporation shall pay all expenses reasonably attributable to such special investigation, or to such an appraisal of the property. For the purpose of calculating investigative and appraisal expenses of the commission, 90% of the costs determined shall be costs of the commission and 10% of the costs determined shall be costs of state government operations. The procedure set up by s. 195.60 or 196.85, whichever is appropriate, for the rendering and collection of bills shall be in all ways applicable to the rendering and collection of bills under this section. Ninety percent of the amounts paid to the public service commission under authority of this subsection shall be credited to the appropriation account under s. 20.155 (1) (g).

SB44, s. 2329 Section 2329. 201.13 of the statutes is amended to read:

SB44,916,22 201.13 Stock. Subject to the regulatory jurisdiction of the commission under this chapter and to all other applicable provisions of law relating to railroad or other special types of corporations, all classes and series of stock of a public service corporation shall be governed by the provisions of ch. 180.

SB44, s. 2330 Section 2330. 214.01 (1) (im) of the statutes is amended to read:

SB44,916,24 214.01 (1) (im) "Division" means the division of savings institutions banking.

SB44, s. 2331 Section 2331. 214.01 (1) (sr) of the statutes is amended to read:

SB44,917,2 214.01 (1) (sr) "Review board" means the savings bank institutions review board.

SB44, s. 2332 Section 2332. 214.592 of the statutes is amended to read:

SB44,917,8 214.592 Financially related services tie-ins. In any transaction conducted by a savings bank, a savings bank holding company, or a subsidiary of either with a customer who is also a customer of any other subsidiary of any of them, the customer shall be given a notice in 12-point boldface type in substantially the following form:

SB44,917,9 NOTICE OF RELATIONSHIP

SB44,917,14 This company, .... (insert name and address of savings bank, savings bank holding company, or subsidiary), is related to .... (insert name and address of savings bank, savings bank holding company, or subsidiary) of which you are also a customer. You may not be compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction.

SB44,917,19 If you feel that you have been compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction, you should contact the management of either of the above companies at either of the above addresses or the division of savings institutions banking at .... (insert address).

SB44, s. 2333 Section 2333. 214.72 (1) (b) of the statutes is amended to read:

SB44,917,25 214.72 (1) (b) "Financial regulator" means the department secretary and deputy secretary, and an administrator, a supervisor of data processing, legal counsel and a financial institution examiner employed by the department and the department's legal counsel and includes any member of a financial regulator's immediate family, as defined in s. 19.42 (7).

SB44, s. 2334 Section 2334. 215.01 (6) of the statutes is amended to read:

SB44,918,2 215.01 (6) "Division" means the division of savings institutions banking.

SB44, s. 2335 Section 2335. 215.01 (22) of the statutes is amended to read:

SB44,918,5 215.01 (22) "Review board" means the savings and loan institutions review board.

SB44, s. 2336 Section 2336. 215.02 (title) of the statutes is repealed and recreated to read:

SB44,918,7 215.02 (title) Powers of the division.

SB44, s. 2337 Section 2337. 215.02 (10) (a) 3. of the statutes is amended to read:

SB44,918,19 215.02 (10) (a) 3. An order of removal takes effect on the date issued. A copy of the order shall be served upon the association and upon the officer, director, or employee in the manner provided by law for service of a summons in a court of record or by mailing a copy to the association and officer, director, or employee at their last-known, post-office addresses. Any removal under this subsection has the same effect as if made by the board of directors or the members or stockholders of the association. An officer, director, or employee removed from office or employment under this subsection may not be elected as an officer or director of, or be employed by, an association without the approval of the division and the review board. An order of removal under this subsection is a final order or determination of the review board under s. 215.04 (6) (5).

SB44, s. 2338 Section 2338. 215.04 of the statutes is repealed and recreated to read:

SB44,918,22 215.04 Review board. (1) Duties. The review board shall do all of the following:

SB44,918,23 (a) Advise the division on matters related to this chapter.

SB44,918,24 (b) Review the acts, orders, and determinations of the division.

SB44,919,2 (c) Act on any matters pertaining to this chapter that are submitted to it by the division.

SB44,919,3 (d) Perform other review functions relating to this chapter.

SB44,919,6 (e) Conduct hearings and take testimony, and subpoena and swear witnesses at such hearings. The review board shall have the subpoena powers under s. 885.01 (4).

SB44,919,8 (2) Appearances. An interested party may appear at a proceeding of the review board and may participate in the examination of witnesses and present evidence.