SB45: Bill Text

SB45,1070,8 (c) If the commission approves the filing of a tariff specified in par. (b) and a firm customer provides written notice to the public utility that filed the tariff that the firm customer has entered into a contract specified in par. (b) with an interruptible customer, the public utility shall, for each unit of firm increment that the firm customer sells to the interruptible customer under the contract, do each of the following for the duration of the contract period:

SB45,1070,11 1. Reduce the amount of firm service that it provides to the firm customer by the amount of each unit and provide interruptible service to the firm customer in the amount of each unit.

SB45,1070,13 2. Provide firm service to the interruptible customer in amount equal to 80% of each unit.

SB45,1070,15 (d) A notice under par. (c) shall describe the terms of a contract specified in par. (b), including the duration of the contract period.

SB45,1070,18 (e) The commission shall promulgate rules establishing requirements and procedures for sales of firm increment under a tariff approved under par. (b), including requirements for determining an amount of firm increment.

SB45, s. 2316 Section 2316. 196.218 (1) (a) and (b) of the statutes are repealed.

SB45, s. 2317 Section 2317. 196.218 (3) (a) 3. of the statutes is amended to read:

SB45,1071,3 196.218 (3) (a) 3. The commission shall designate the method by which the contributions under this paragraph shall be calculated and collected. The method shall ensure that the contributions are sufficient to generate the amounts appropriated necessary to fully fund the appropriations under ss. 20.155 (1) (q), 20.275 (1) (s), (t) and (tm) and 20.285 (1) (q). Contributions may be based only on the gross operating revenues from the provision of broadcast services identified by the commission under subd. 2. and on intrastate telecommunications services in this state of the telecommunications providers subject to the contribution.

SB45, s. 2318 Section 2318. 196.218 (4r) (title) of the statutes is renumbered 44.73 (title).

SB45, s. 2319 Section 2319. 196.218 (4r) (a) (intro.) of the statutes is repealed.

SB45, s. 2320 Section 2320. 196.218 (4r) (a) 1. of the statutes is renumbered 44.70 (1m).

SB45, s. 2321 Section 2321. 196.218 (4r) (a) 2. and 2m. of the statutes are renumbered 44.70 (3g) and (3j).

SB45, s. 2322 Section 2322. 196.218 (4r) (a) 3. of the statutes is renumbered 44.70 (6).

SB45, s. 2323 Section 2323. 196.218 (4r) (b) of the statutes is renumbered 44.73 (1) and amended to read:

SB45,1071,16 44.73 (1) The commission board, in consultation with the department and the board, shall promulgate rules establishing an educational telecommunications access program to provide school districts, private schools, cooperative educational service agencies, technical college districts, private colleges and public library boards educational agencies with access to data lines and video links.

SB45, s. 2324 Section 2324. 196.218 (4r) (c) (intro.), 1., 2., 3. and 4. of the statutes are renumbered 44.73 (2) (intro.), (a), (b), (c) and (d) and amended to read:

SB45,1071,20 44.73 (2) (intro.) The rules promulgated under par. (b) sub. (1) shall do all of the following:

SB45,1072,5 (a) Allow a school district, private school, cooperative educational service agency, technical college district, private college and public library board an educational agency to make a request to the board for access to either one data line or one video link, except that if any educational agency may request access to additional data lines if the agency shows to the satisfaction of the board that the additional data lines are more cost-effective than a single data line and except that a school district that operates more than one high school the rules shall allow the school district to may request access to both a data line and a video link and to request access to more than one data line or video link. The board shall forward requests received under this subdivision to the commission and the department.

SB45,1072,12 (b) Establish eligibility requirements for a school district, private school, cooperative educational service agency, technical college district, private college and public library board an educational agency to participate in the program established under par. (b). The requirements shall prohibit a participant in the program from receiving assistance from the universal service fund for the purpose specified in sub. (5) (a) 3. for educational telecommunications access that is substantially similar to the access provided to the participant under the program sub. (1).

SB45,1072,16 (c) Establish specifications for a data line or lines and video link that links for which access is provided to a school district, private school, cooperative educational service agency, technical college district, private college and public library board an educational agency under the program established under par. (b) sub. (1).

SB45,1072,25 (d) Require a school district, private school, cooperative educational service agency, technical college district, private college and public library board an educational agency to pay the department not more than $250 per month for each data line or video link that is provided to the school district, private school, cooperative educational service agency, technical college district, private college and public library board educational agency under the program established under par. (b) sub. (1), except that the charge may not exceed $100 per month for each data line or video link that relies on a transport medium that operates at a speed of 1.544 megabits per second.

SB45, s. 2325 Section 2325. 196.218 (4r) (c) 5. of the statutes is renumbered 44.73 (2) (e).

SB45, s. 2326 Section 2326. 196.218 (4r) (d) of the statutes is renumbered 44.73 (3) and amended to read:

SB45,1073,7 44.73 (3) The commission board shall submit an annual report to the board department on the status of providing data lines and video links that are requested under par. (c) 1. sub. (2) (a) and the impact on the universal service fund of any payment under sub. (5) (a) 5. contracts under s. 16.974 (7).

SB45, s. 2327 Section 2327. 196.218 (4r) (e) of the statutes is renumbered 44.73 (4) and amended to read:

SB45,1073,16 44.73 (4) If the federal communications commission promulgates or modifies rules that provide rate discounts for telecommunications services to school districts, private schools, cooperative educational service agencies, technical college districts, private colleges or public library boards educational agencies under 47 USC 254, the governor shall submit a report to the joint committee on finance that includes any recommended changes to statutes or rules with respect to funding the program established under par. (b) sub. (1).

SB45, s. 2328 Section 2328. 196.218 (4r) (f) of the statutes is renumbered 44.73 (5) and amended to read:

SB45,1074,2 44.73 (5) Notwithstanding pars. (b) and (c) subs. (1) and (2), technical college districts are not eligible to participate in the program established under par. (b) sub. (1) before April 1, 1998. In consultation with the commission, the The board shall determine by April 1, 1998, whether there are sufficient moneys in the appropriation under s. 20.275 (1) (s) (t) to include technical college districts in the program established under par. (b) sub. (1). If the board determines that there are sufficient moneys, technical college districts are eligible to participate in the program established under par. (b) sub. (1) beginning on April 1, 1998.

SB45, s. 2329 Section 2329. 196.218 (4r) (g) of the statutes is renumbered 44.73 (6) and amended to read:

SB45,1074,18 44.73 (6) From the appropriation under s. 20.275 (1) (s) or (tm), the board may award an annual grant to a school district or private school that had in effect on October 14, 1997, a contract for access to a data line or video link, as documented by the commission board. The board shall determine the amount of the grant, which shall be equal to the cost incurred by the state to provide telecommunications access to a school district or private school under a contract entered into under s. 16.974 (7) (a) or (c) less the amount that the school district or private school would be paying under par. (c) 4. sub. (2) (d) if the school district or private school were participating in the program established under par. (b) sub. (1), except that the amount may not be greater than the cost that a school district or private school incurs under the contract in effect on October 14, 1997. A school district or private school receiving a grant under this paragraph subsection is not eligible to participate in the program under par. (b) sub. (1). No grant may be awarded under this paragraph subsection after June 30, 2002.

SB45, s. 2330 Section 2330. 196.218 (5) (a) 3. of the statutes is repealed.

SB45, s. 2331 Section 2331. 196.218 (5) (a) 5. of the statutes is amended to read:

SB45,1074,25 196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 (7) to the extent that these costs are not paid under sub. (4r) (c) 4. s. 44.73 (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 (2r) (a).

SB45, s. 2332 Section 2332. 196.218 (5) (a) 7. of the statutes is amended to read:

SB45,1075,4 196.218 (5) (a) 7. To make grants awarded by the technology for educational achievement in Wisconsin board to school districts and private schools under sub. (4r) (g) s. 44.73 (6). This subdivision does not apply after June 30, 2002.

SB45, s. 2333 Section 2333. 196.218 (5m) of the statutes is amended to read:

SB45,1075,8 196.218 (5m) Rule review. Except for rules promulgated under sub. (4r) (b), at At least biennially, the commission shall review and revise as appropriate rules promulgated under this section.

SB45, s. 2334 Section 2334. 196.218 (6) (b) of the statutes is amended to read:

SB45,1075,13 196.218 (6) (b) The universal service fund council shall advise the commission concerning the administration of this section and the content of rules promulgated under this section. This paragraph does not apply to the administration of sub. (4r) and rules promulgated under sub. (4r) (b).

SB45, s. 2335 Section 2335. 196.315 of the statutes is created to read:

SB45,1075,20 196.315 Prohibitions in certain proceedings. (1) No person may make any filing, including a complaint, in a proceeding under s. 196.26, 196.28 or 196.30 unless there is a nonfrivolous basis for doing so. A person may not make any filing, including a complaint, in a proceeding under s. 196.26, 196.28 or 196.30 unless, to the best of the person's knowledge, information and belief, formed after a reasonable inquiry, all of the following conditions are satisfied:

SB45,1075,21 (a) The filing is reasonably supported by applicable law.

SB45,1075,24 (b) The allegations and other factual contentions in the filing have evidentiary support or, if specifically so identified in the filing, are likely to have evidentiary support after reasonable opportunity for further investigation or discovery.

SB45,1075,25 (c) The filing is not intended to harass any other party to the proceeding.

SB45,1076,2 (d) The filing is not intended to create a needless increase in the cost of litigation.

SB45,1076,8 (2) No later than 60 days after a complaint is filed under s. 196.26 or 196.30, the commission shall determine whether the complaint has been filed in violation of sub. (1). If, after notice and opportunity for hearing, the commission determines under this subsection that a person has filed a complaint in violation of sub. (1), the commission shall terminate the proceeding on the complaint and proceed under sub. (4).

SB45,1076,12 (3) If, at any time during a proceeding under s. 196.26, 196.28 or 196.30, the commission determines, after notice and reasonable opportunity to be heard, that a person has made a filing in violation of sub. (1), including the filing of a complaint, the commission shall proceed under sub. (4).

SB45,1077,2 (4) If the commission determines that a person has violated sub. (1), 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 subsection 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 subsection to the state treasurer 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 subsection that has not been paid as provided in this subsection. The only contestable issue in such an action is whether or not the forfeiture has been paid.

SB45, s. 2336 Section 2336. 196.77 of the statutes is amended to read:

SB45,1077,13 196.77 Promotional rates. Except as provided in this section, nothing in this chapter prohibits a telecommunications utility from filing a tariff to make a limited offering of promotional rates. A promotional rate under this section shall take effect automatically at the time specified in the tariff but not earlier than 10 days after the date the tariff is filed with the commission unless the commission authorizes an earlier effective date or suspends the tariff within 10 days after the date on which it is filed. The commission may suspend a tariff if it believes that the tariff violates s. 196.204, 196.209 or 196.219. If the commission suspends a tariff, it shall investigate and resolve the matter within 60 days after the date on which the tariff is suspended or the tariff shall be effective as filed.

SB45, s. 2337 Section 2337. 214.01 (1) (im) of the statutes is amended to read:

SB45,1077,15 214.01 (1) (im) "Division" means the division of savings and loan institutions.

SB45, s. 2338 Section 2338. 214.592 of the statutes is amended to read:

SB45,1077,20 214.592 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:

SB45,1077,21 NOTICE OF RELATIONSHIP

SB45,1078,2 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.

SB45,1078,7 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 and loan institutions at .... (insert address).

SB45, s. 2339 Section 2339. 215.01 (6) of the statutes is amended to read:

SB45,1078,9 215.01 (6) "Division" means the division of savings and loan institutions.

SB45, s. 2340 Section 2340. 215.02 (title) of the statutes is amended to read:

SB45,1078,11 215.02 (title) Division of savings and loan institutions.

SB45, s. 2341 Section 2341. 215.141 of the statutes is amended to read:

SB45,1078,17 215.141 Financially related services tie-ins. In any transaction conducted by an association, a savings and loan 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:

SB45,1078,18 NOTICE OF RELATIONSHIP

SB45,1078,24 This company, ..... (insert name and address of association, savings and loan holding company or subsidiary), is related to ..... (insert name and address of association, savings and loan 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.

SB45,1079,5 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 and loan institutions at .... (insert address).

SB45, s. 2342 Section 2342. 218.015 (7) of the statutes is amended to read:

SB45,1079,12 218.015 (7) In Except as provided in s. 893.83, in addition to pursuing any other remedy, a consumer may bring an action to recover for any damages caused by a violation of this section. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees, and any equitable relief the court determines appropriate.

SB45, s. 2343 Section 2343. 220.04 (9) (a) 2. of the statutes is amended to read:

SB45,1079,16 220.04 (9) (a) 2. "Regulated entity" means a bank, universal bank, trust company bank and any other entity which is described in s. 220.02 (2) or 221.0526 as under the supervision and control of the division.

SB45, s. 2344 Section 2344. 221.0303 (2) of the statutes is amended to read:

SB45,1080,9 221.0303 (2) Operation and acquisition of customer bank communications terminals. A bank may, directly or indirectly, acquire, place and operate, or participate in the acquisition, placement and operation of, at locations other than its main or branch offices, customer bank communications terminals, in accordance with rules established by the division. The rules of the division shall provide that any such customer bank communications terminal shall be available for use, on a nondiscriminatory basis, by any state or national bank and by all customers designated by a bank using the terminal. This subsection does not authorize a bank which has its principal place of business outside this state to conduct banking business in this state. The customer bank communications terminals also shall be available for use, on a nondiscriminatory basis, by any credit union, savings and loan association or savings bank, if the credit union, savings and loan association or savings bank requests to share its use, subject to rules jointly established by the division of banking, the office of credit unions and the division of savings and loan institutions. The division by order may authorize the installation and operation of a customer bank communications terminal in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.

SB45, s. 2345 Section 2345. 221.0321 (5) of the statutes is amended to read:

SB45,1080,19 221.0321 (5) Certain secured loans. A bank may make loans secured by assignment or transfer of stock certificates or other evidence of the borrower's ownership interest in a corporation formed for the cooperative ownership of real estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage involving a one-family residence, apply to a proceeding to enforce the lender's rights in security given for a loan under this subsection. The division shall promulgate joint rules with the office of credit unions and the division of savings and loan institutions that establish procedures for enforcing a lender's rights in security given for a loan under this subsection.

SB45, s. 2346 Section 2346. Chapter 222 of the statutes is created to read:

SB45,1080,22 CHAPTER 222 UNIVERSAL BANKS

SB45,1080,24 Subchapter I General Provisions

SB45,1081,2 222.0101 Title. This chapter may be cited as the "Wisconsin universal bank law".

SB45,1081,3 222.0102 Definitions. In this chapter:

SB45,1081,4 (1) "Adequately capitalized" has the meaning given in 12 USC 1831o (b) (1) (B).

SB45,1081,7 (2) "Capital" of a universal bank means the sum of the following, less the amount of intangible assets that is not considered to be qualifying capital by a deposit insurance corporation or the division:

SB45,1081,12 (a) For a universal bank organized as a stock organization, the universal bank's capital stock, preferred stock, undivided profits, surplus, outstanding notes and debentures approved by the division, other forms of capital designated as capital by the division and other forms of capital considered to be qualifying capital of the universal bank by a deposit insurance corporation.

SB45,1081,17 (b) For a universal bank organized as a mutual organization, the universal bank's net worth, undivided profits, surplus, outstanding notes and debentures approved by the division, other forms of capital designated as capital by the division and other forms of capital considered to be qualifying capital by a deposit insurance corporation.

SB45,1081,21 (3) "Deposit insurance corporation" means the Federal Deposit Insurance Corporation or other instrumentality of, or corporation chartered by, the United States that insures deposits of financial institutions and that is supported by the full faith and credit of the U.S. government as stated in a congressional resolution.

SB45,1081,22 (4) "Division" means the division of banking.

SB45,1081,25 (5) "Financial institution" means a state savings bank organized under ch. 214, state savings and loan association organized under ch. 215 or a state bank chartered under ch. 221.

SB45,1082,2 (6) "Universal bank" means a financial institution that has been issued a certificate of authority under s. 222.0205.

SB45,1082,3 (7) "Well-capitalized" has the meaning given in 12 USC 1831o (b) (1) (A).

SB45,1082,8 222.0103 Applicability. (1) Savings banks. A universal bank that is a savings bank organized under ch. 214 remains subject to all of the requirements, duties and liabilities, and may exercise all of the powers, of a savings bank, except that in the event of a conflict between this chapter and those requirements, duties, liabilities or powers, this chapter shall control.