Amendment SA1-SSA1-SB45

SB45-SSA1-SA1,320,18 (b) The office of credit unions has not disapproved the acquisition of in-state Wisconsin credit union assets or the merger with the in-state Wisconsin credit union under sub. (5).

SB45-SSA1-SA1,321,2 (c) The office of credit unions gives a class 3 notice, under ch. 985, in the official state newspaper, of the application to take an action under sub. (3) and of the opportunity for a hearing and, if at least 25 residents of this state petition for a hearing within 30 days of the final notice or if the office of credit unions on its own motion calls for a hearing within 30 days of the final notice, the office of credit unions holds a public hearing on the application, except that a hearing is not required if the office of credit unions finds that an emergency exists and that the proposed action under sub. (3) is necessary and appropriate to prevent the probable failure of an in-state a Wisconsin credit union that is closed or in danger of closing.

SB45-SSA1-SA1,321,6 (d) The office of credit unions is provided a copy of any original application seeking approval by a federal agency of the acquisition of in-state Wisconsin credit union assets or of the merger with an in-state a Wisconsin credit union and of any supplemental material or amendments filed with the application.

SB45-SSA1-SA1,321,9 (f) With regard to an acquisition of assets of an in-state a Wisconsin credit union that is chartered on or after May 9, 1986, the in-state Wisconsin credit union has been in existence for at least 5 years before the date of acquisition.

SB45-SSA1-SA1, s. 2308vf Section 2308vf. 186.41 (5) (a), (b), (c) and (cr) of the statutes are amended to read:

SB45-SSA1-SA1,321,15 186.41 (5) (a) Considering the financial and managerial resources and future prospects of the applicant and of the in-state Wisconsin credit union concerned, the action would be contrary to the best interests of the members of the in-state Wisconsin credit union.

SB45-SSA1-SA1,321,18 (b) The action would be detrimental to the safety and soundness of the applicant or of the in-state Wisconsin credit union concerned, or to a subsidiary or affiliate of the applicant or of the in-state Wisconsin credit union.

SB45-SSA1-SA1,321,23 (c) Because the applicant, its executive officers or directors have not established a record of sound performance, efficient management, financial responsibility and integrity, the action would be contrary to the best interests of the creditors, members or other customers of the applicant or of the in-state Wisconsin credit union or contrary to the best interests of the public.

SB45-SSA1-SA1,322,2 (cr) The applicant has failed to propose to provide adequate and appropriate services of the type contemplated by the community reinvestment act of 1977 in the community in which the in-state Wisconsin credit union which the applicant proposes to acquire or merge with is located.

SB45-SSA1-SA1, s. 2308vh Section 2308vh. 186.41 (6) (a) of the statutes is renumbered 186.41 (6).

SB45-SSA1-SA1, s. 2308vj Section 2308vj. 186.41 (6) (b) of the statutes is repealed.

SB45-SSA1-SA1, s. 2308vL Section 2308vL. 186.41 (8) of the statutes is repealed.

SB45-SSA1-SA1, s. 2308vn Section 2308vn. 186.45 of the statutes is created to read:

SB45-SSA1-SA1,322,8 186.45 Non-Wisconsin credit union, Wisconsin offices. (1) Definitions. In this section:

SB45-SSA1-SA1,322,10 (a) "Non-Wisconsin credit union" means a credit union organized under the laws of and with its principal office located in a state other than this state.

SB45-SSA1-SA1,322,11 (b) "Wisconsin credit union" has the meaning given in s. 186.41 (1) (bm).

SB45-SSA1-SA1,322,16 (2) Approval. A non-Wisconsin credit union may open an office and conduct business as a credit union in this state if the office of credit unions finds that Wisconsin credit unions are allowed to do business in the other state under conditions similar to those contained in this section and that all of the following apply to the non-Wisconsin credit union:

SB45-SSA1-SA1,322,18 (a) It is a credit union organized under laws similar to the credit union laws of this state.

SB45-SSA1-SA1,322,19 (b) It is financially solvent based upon national board ratings.

SB45-SSA1-SA1,322,20 (c) It has member savings insured with federal share insurance.

SB45-SSA1-SA1,322,22 (d) It is effectively examined and supervised by the credit union authorities of the state in which it is organized.

SB45-SSA1-SA1,322,24 (e) It has received approval from the credit union authorities of the state in which it is organized.

SB45-SSA1-SA1,323,2 (f) It has a need to place an office in this state to adequately serve its members in this state.

SB45-SSA1-SA1,323,4 (g) It meets all other relevant standards or qualifications established by the office of credit unions.

SB45-SSA1-SA1,323,6 (3) Requirements. A non-Wisconsin credit union shall agree to do all of the following:

SB45-SSA1-SA1,323,8 (a) Grant loans at rates not in excess of the rates permitted for Wisconsin credit unions.

SB45-SSA1-SA1,323,9 (b) Comply with this state's laws.

SB45-SSA1-SA1,323,10 (c) Designate and maintain an agent for the service of process in this state.

SB45-SSA1-SA1,323,14 (4) Records. As a condition of a non-Wisconsin credit union doing business in this state under this section, the office of credit unions may require copies of examination reports and related correspondence regarding the non-Wisconsin credit union.

SB45-SSA1-SA1, s. 2308vp Section 2308vp. 186.80 of the statutes is created to read:

SB45-SSA1-SA1,323,19 186.80 False statements. A person who knowingly publishes false reports or makes false statements about a credit union may be fined not less than $1,000 nor more than $5,000 or imprisoned for not less than one year nor more than 15 years or both.".

SB45-SSA1-SA1,323,20 969. Page 1179, line 21: after that line insert:

SB45-SSA1-SA1,323,21 " Section 2313m. 196.208 (5p) of the statutes is created to read:

SB45-SSA1-SA1,323,22 196.208 (5p) Toll-free calls answered by prisoners. (a) In this subsection:

SB45-SSA1-SA1,323,23 1. "Charitable organization" has the meaning given in s. 440.41 (1).

SB45-SSA1-SA1,323,24 2. "Prisoner" has the meaning given in s. 134.73 (1) (b).

SB45-SSA1-SA1,324,4 (b) If a prisoner is employed directly or indirectly by a charitable organization or toll-free service vendor to answer calls made to the charitable organization or toll-free service vendor, the prisoner shall do all of the following immediately upon answering a call:

SB45-SSA1-SA1,324,5 1. Identify himself or herself by name.

SB45-SSA1-SA1,324,6 2. State that he or she is a prisoner.

SB45-SSA1-SA1,324,8 3. Inform the calling party of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located.

SB45-SSA1-SA1,324,11 (c) A charitable organization or toll-free service vendor that directly or indirectly employs a prisoner shall provide reasonable supervision of the prisoner to assure the prisoner's compliance with par. (b).

SB45-SSA1-SA1, s. 2313r Section 2313r. 196.208 (10) (a) of the statutes is amended to read:

SB45-SSA1-SA1,324,17 196.208 (10) (a) Subsections (2) to (5) apply to any pay-per-call service that a caller may access by a call originating in this state and sub. subs. (5p) and (5t) applies apply to any charitable organization, toll-free service vendor or employe of a charitable organization or toll-free service vendor that a caller may access by a call originating in this state.

SB45-SSA1-SA1, s. 2313u Section 2313u. 196.208 (11) (d) of the statutes is renumbered 196.208 (11) (d) 1. and amended to read:

SB45-SSA1-SA1,324,22 196.208 (11) (d) 1. Any Except as provided in subd. 2., any person who violates subs. (2) to (9) shall be required to forfeit not less than $25 nor more than $5,000 for each offense.

SB45-SSA1-SA1,324,25 3. Forfeitures under this paragraph subds. 1. and 2. shall be enforced by action on behalf of the state by the department of justice or, upon informing the department of justice, by the district attorney of the county where the violation occurs.

SB45-SSA1-SA1, s. 2313y Section 2313y. 196.208 (11) (d) 2. of the statutes is created to read:

SB45-SSA1-SA1,325,3 196.208 (11) (d) 2. a. A prisoner who violates sub. (5p) (b) may be required to forfeit not more than $500.

SB45-SSA1-SA1,325,8 b. A person who employs a prisoner to answer calls made to a toll-free telephone number may be required to forfeit not more than $10,000 if the person violates sub. (5p) (c), aids and abets a prisoner's violation of sub. (5p) (b), is a party to a conspiracy with a prisoner to commit a violation of sub. (5p) (b) or advises, hires or counsels or otherwise procures a prisoner to commit a violation of sub. (5p) (b).".

SB45-SSA1-SA1,325,9 970. Page 1179, line 21: after that line insert:

SB45-SSA1-SA1,325,11 " Section 2309q. 196.04 (4) of the statutes is renumbered 196.04 (4) (b) and amended to read:

SB45-SSA1-SA1,326,2 196.04 (4) (b) If the parties cannot agree and the commission finds that public convenience and necessity or the rendition of reasonably adequate service to the public requires that a public utility, telecommunications provider , sewerage system operator or cable operator, as defined in s. 66.082 (2) (b), be permitted to extend its lines on, over or under the right-of-way of any railroad, or requires that the tracks of any railroad be extended on, over or under the right-of-way of any public utility, telecommunications provider, sewerage system operator or cable operator, the commission may order the extension by the public utility, telecommunications provider, sewerage system operator, cable operator or railroad on, over or under the right-of-way of the other if it will not materially impair the ability of the railroad, telecommunications provider, sewerage system operator, cable operator or public utility, on, over or under whose right-of-way the extension would be made, to serve the public. The commission shall prescribe lawful conditions and compensation which the commission deems equitable and reasonable in light of all the circumstances.

SB45-SSA1-SA1, s. 2309s Section 2309s. 196.04 (4) (a) of the statutes is created to read:

SB45-SSA1-SA1,326,4 196.04 (4) (a) In this subsection:

SB45-SSA1-SA1,326,5 1. "Cable operator" has the meaning given in s. 66.082 (2) (b).

SB45-SSA1-SA1,326,6 2. "Sewerage system operator" means any of the following:

SB45-SSA1-SA1,326,7 a. A municipality that operates a sewerage system under s. 66.076.

SB45-SSA1-SA1,326,9 b. A town sanitary district commission that operates a sewerage system under 60.77 (4).

SB45-SSA1-SA1,326,10 c. A city or village that obtains a sewerage system under s. 60.79.

SB45-SSA1-SA1,326,12 d. A metropolitan sewerage district commission that operates a sewerage system under s. 66.24 (2) or 66.89 (1).

SB45-SSA1-SA1,326,15 e. A public inland lake protection and rehabilitation district that exercises the powers of a town sanitary district under s. 33.22 (3) and that operates a sewerage system under s. 60.77 (4).".

SB45-SSA1-SA1,326,16 971. Page 1179, line 21: after that line insert:

SB45-SSA1-SA1,326,17 " Section 2315c. 196.025 of the statutes is renumbered 196.025 (1).

SB45-SSA1-SA1, s. 2315g Section 2315g. 196.025 (2) of the statutes is created to read:

SB45-SSA1-SA1,326,22 196.025 (2) The commission shall promulgate rules establishing requirements and procedures for the commission to carry out the duties under s. 1.11. Rules promulgated under this subsection shall include requirements and procedures for each of the following:

SB45-SSA1-SA1,326,24 (a) Standards for determining the necessity of preparing an environmental impact statement.

SB45-SSA1-SA1,327,3 (b) Adequate opportunities for interested persons to be heard on environmental impact statements, including adequate time for the preparation and submission of comments.

SB45-SSA1-SA1,327,6 (c) Deadlines that allow thorough review of environmental issues without imposing unnecessary delays in addressing the need for additional electric transmission capacity in this state.

SB45-SSA1-SA1, s. 2315L Section 2315L. 196.025 (3) of the statutes is created to read:

SB45-SSA1-SA1,327,17 196.025 (3) The commission shall promulgate rules establishing requirements and procedures for electric utilities, as defined under s. 196.491 (1) (d), to file reports with the commission, on a frequency that the commission determines is reasonably necessary, on their current reliability status, including the status of operating and planning reserves, available transmission capacity and outages of major operational units and transmission lines. A report filed under the rules promulgated under this subsection is subject to inspection and copying under s. 19.35 (1), except that the commission may withhold the report from inspection and copying for a period of time that the commission determines is reasonably necessary to prevent an adverse impact on the supply or price of energy in this state.

SB45-SSA1-SA1, s. 2315p Section 2315p. 196.025 (4) of the statutes is created to read:

SB45-SSA1-SA1,327,22 196.025 (4) (a) In consultation with the department of administration and the department of revenue, the commission shall study the establishment of a program for providing incentives for the development of high-efficiency, small-scale electric generating facilities in this state that do either of the following:

SB45-SSA1-SA1,327,24 1. Provide benefits in the form of support for electric distribution or transmission systems, power quality or environmental performance.

SB45-SSA1-SA1,328,3 2. Employ technologies such as combined heat and power systems, fuel cells, mircroturbines or photovoltalic systems that may be situated in, on or next to buildings or other electric load centers.

SB45-SSA1-SA1,328,7 (b) No later than January 1, 2001, the commission shall submit a report of its findings and recommendations under par. (a) to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).

SB45-SSA1-SA1, s. 2315t Section 2315t. 196.025 (5) of the statutes is created to read:

SB45-SSA1-SA1,328,14 196.025 (5) (a) The commission shall contract with an expert consultant in economics to conduct a study on the potential for horizontal market power, including the horizontal market power of electric generators, to frustrate the creation of an effectively competitive retail electricity market in this state and to make recommendations on measures to eliminate such market power on a sustainable basis. The study shall include each of the following:

SB45-SSA1-SA1,328,16 1. An assessment of the effect of each recommendation on public utility workers and shareholders and on rates for each class of public utility customers.

SB45-SSA1-SA1,328,18 2. An evaluation of the impact of transmission constraints on the market power of electric generators in local areas.

SB45-SSA1-SA1,328,21 (b) No later than January 1, 2001, the commission shall submit a report of the results of the study under par. (a) to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).

SB45-SSA1-SA1, s. 2315x Section 2315x. 196.192 of the statutes is created to read:

SB45-SSA1-SA1,328,25 196.192 Market-based compensation, rates and contracts. (1) In this section, "electric public utility" means a public utility whose purpose is the generation, distribution and sale of electric energy.

SB45-SSA1-SA1,329,2 (2) No later than March 1, 2000, each investor-owned electric public utility shall do each of the following:

SB45-SSA1-SA1,329,5 (a) File with the commission rates that result in customers receiving market-based compensation for voluntary interruptions of firm load during peak periods of electric use.

SB45-SSA1-SA1,329,9 (b) File with the commission market-based pricing options and options for individual contracts that allow a retail customer, through service from its existing public utility, to receive market benefits and subject itself to market risks for the customer's purchases of capacity or energy.

SB45-SSA1-SA1,329,14 (3) (a) The commission shall approve market-based rates that are consistent with the options specified in sub. (2), except that the commission may not approve a market-based rate unless the commission determines that the rate will not harm shareholders of the investor-owned electric public utility or customers who are not subject to the rate.

SB45-SSA1-SA1,329,17 (b) Nothing in s. 196.20, 196.21, 196.22, 196.37, 196.60 or 196.604 prohibits the commission from approving a filing under sub. (2) or approving market-based rates under par. (a).

SB45-SSA1-SA1,329,21 (4) Subject to any approval of the commission that is necessary, an electric public utility that is not an investor-owned electric public utility may implement market-based rates approved under sub. (3) (a) or implement the options in filings under sub. (2) that are approved by the commission.".

SB45-SSA1-SA1,329,22 972. Page 1185, line 19: after that line insert: