SB45, s. 2316
19Section
2316. 196.218 (1) (a) and (b) of the statutes are repealed.
SB45, s. 2317
20Section
2317. 196.218 (3) (a) 3. of the statutes is amended to read:
SB45,1071,321
196.218
(3) (a) 3. The commission shall designate the method by which the
22contributions under this paragraph shall be calculated and collected. The method
23shall ensure that the contributions are sufficient to generate the amounts
24appropriated necessary to fully fund the appropriations under ss. 20.155 (1) (q),
2520.275 (1) (s), (t) and (tm) and 20.285 (1) (q). Contributions may be based only on the
1gross operating revenues from the provision of broadcast services identified by the
2commission under subd. 2. and on intrastate telecommunications services in this
3state of the telecommunications providers subject to the contribution.
SB45, s. 2318
4Section
2318. 196.218 (4r) (title) of the statutes is renumbered 44.73 (title).
SB45, s. 2319
5Section
2319. 196.218 (4r) (a) (intro.) of the statutes is repealed.
SB45, s. 2320
6Section
2320. 196.218 (4r) (a) 1. of the statutes is renumbered 44.70 (1m).
SB45, s. 2321
7Section
2321. 196.218 (4r) (a) 2. and 2m. of the statutes are renumbered 44.70
8(3g) and (3j).
SB45, s. 2322
9Section
2322. 196.218 (4r) (a) 3. of the statutes is renumbered 44.70 (6).
SB45, s. 2323
10Section
2323. 196.218 (4r) (b) of the statutes is renumbered 44.73 (1) and
11amended to read:
SB45,1071,1612
44.73
(1) The
commission board, in consultation with the department
and the
13board, shall promulgate rules establishing an educational telecommunications
14access program to provide
school districts, private schools, cooperative educational
15service agencies, technical college districts, private colleges and public library
16boards educational agencies with access to data lines and video links.
SB45, s. 2324
17Section
2324. 196.218 (4r) (c) (intro.), 1., 2., 3. and 4. of the statutes are
18renumbered 44.73 (2) (intro.), (a), (b), (c) and (d) and amended to read:
SB45,1071,2019
44.73
(2) (intro.) The rules promulgated under
par. (b) sub. (1) shall do all of
20the following:
SB45,1072,521
(a) Allow
a school district, private school, cooperative educational service
22agency, technical college district, private college and public library board an
23educational agency to make a request to the board for access to either one data line
24or one video link, except that
if any educational agency may request access to
25additional data lines if the agency shows to the satisfaction of the board that the
1additional data lines are more cost-effective than a single data line and except that 2a school district
that operates more than one high school
the rules shall allow the
3school district to may request access to both a data line and a video link and
to request
4access to more than one data line or video link.
The board shall forward requests
5received under this subdivision to the commission and the department.
SB45,1072,126
(b) Establish eligibility requirements for
a school district, private school,
7cooperative educational service agency, technical college district, private college and
8public library board an educational agency to participate in the program established
9under
par. (b). The requirements shall prohibit a participant in the program from
10receiving assistance from the universal service fund for the purpose specified in sub.
11(5) (a) 3. for educational telecommunications access that is substantially similar to
12the access provided to the participant under the program sub. (1).
SB45,1072,1613
(c) Establish specifications for
a data
line or lines and video
link that
links for
14which access is provided to
a school district, private school, cooperative educational
15service agency, technical college district, private college and public library board an
16educational agency under the program established under
par. (b) sub. (1).
SB45,1072,2517
(d) Require
a school district, private school, cooperative educational service
18agency, technical college district, private college and public library board an
19educational agency to pay the department not more than $250 per month for each
20data line or video link that is provided to the
school district, private school,
21cooperative educational service agency, technical college district, private college and
22public library board educational agency under the program established under
par.
23(b) sub. (1), except that the charge may not exceed $100 per month for each data line
24or video link that relies on a transport medium that operates at a speed of 1.544
25megabits per second.
SB45, s. 2325
1Section
2325. 196.218 (4r) (c) 5. of the statutes is renumbered 44.73 (2) (e).
SB45, s. 2326
2Section
2326. 196.218 (4r) (d) of the statutes is renumbered 44.73 (3) and
3amended to read:
SB45,1073,74
44.73
(3) The
commission board shall submit an annual report to the
board 5department on the status of providing data lines and video links that are requested
6under
par. (c) 1. sub. (2) (a) and the impact on the universal service fund of any
7payment under
sub. (5) (a) 5. contracts under s. 16.974 (7).
SB45, s. 2327
8Section
2327. 196.218 (4r) (e) of the statutes is renumbered 44.73 (4) and
9amended to read:
SB45,1073,1610
44.73
(4) If the federal communications commission promulgates or modifies
11rules that provide rate discounts for telecommunications services to
school districts,
12private schools, cooperative educational service agencies, technical college districts,
13private colleges or public library boards educational agencies under
47 USC 254, the
14governor shall submit a report to the joint committee on finance that includes any
15recommended changes to statutes or rules with respect to funding the program
16established under
par. (b) sub. (1).
SB45, s. 2328
17Section
2328. 196.218 (4r) (f) of the statutes is renumbered 44.73 (5) and
18amended to read:
SB45,1074,219
44.73
(5) Notwithstanding
pars. (b) and (c) subs. (1) and (2), technical college
20districts are not eligible to participate in the program established under
par. (b) sub.
21(1) before April 1, 1998.
In consultation with the commission, the The board shall
22determine by April 1, 1998, whether there are sufficient moneys in the appropriation
23under s. 20.275 (1)
(s) (t) to include technical college districts in the program
24established under
par. (b) sub. (1). If the board determines that there are sufficient
1moneys, technical college districts are eligible to participate in the program
2established under
par. (b) sub. (1) beginning on April 1, 1998.
SB45, s. 2329
3Section
2329. 196.218 (4r) (g) of the statutes is renumbered 44.73 (6) and
4amended to read:
SB45,1074,185
44.73
(6) From the appropriation under s. 20.275 (1) (s) or (tm), the board may
6award an annual grant to a school district or private school that had in effect on
7October 14, 1997, a contract for access to a data line or video link, as documented by
8the
commission board. The board shall determine the amount of the grant, which
9shall be equal to the cost incurred by the state to provide telecommunications access
10to a school district or private school under a contract entered into under s. 16.974 (7)
11(a) or (c) less the amount that the school district or private school would be paying
12under
par. (c) 4. sub. (2) (d) if the school district or private school were participating
13in the program established under
par. (b) sub. (1), except that the amount may not
14be greater than the cost that a school district or private school incurs under the
15contract in effect on October 14, 1997. A school district or private school receiving
16a grant under this
paragraph subsection is not eligible to participate in the program
17under
par. (b) sub. (1). No grant may be awarded under this
paragraph subsection 18after June 30, 2002.
SB45, s. 2330
19Section
2330. 196.218 (5) (a) 3. of the statutes is repealed.
SB45, s. 2331
20Section
2331. 196.218 (5) (a) 5. of the statutes is amended to read:
SB45,1074,2521
196.218
(5) (a) 5. To pay costs incurred under contracts under s. 16.974 (7) to
22the extent that these costs are not paid under
sub. (4r) (c) 4. s. 44.73 (2) (d), except
23that no moneys in the universal service fund may be used to pay installation costs
24that are necessary for a political subdivision to obtain access to bandwidth under a
25shared service agreement under s. 44.73 (2r) (a).
SB45, s. 2332
1Section
2332. 196.218 (5) (a) 7. of the statutes is amended to read:
SB45,1075,42
196.218
(5) (a) 7. To make grants awarded by the
technology for educational
3achievement in Wisconsin board to school districts and private schools under
sub.
4(4r) (g) s. 44.73 (6). This subdivision does not apply after June 30, 2002.
SB45, s. 2333
5Section
2333. 196.218 (5m) of the statutes is amended to read:
SB45,1075,86
196.218
(5m) Rule review. Except for rules promulgated under sub. (4r) (b),
7at At least biennially, the commission shall review and revise as appropriate rules
8promulgated under this section.
SB45, s. 2334
9Section
2334. 196.218 (6) (b) of the statutes is amended to read:
SB45,1075,1310
196.218
(6) (b) The universal service fund council shall advise the commission
11concerning the administration of this section and the content of rules promulgated
12under this section.
This paragraph does not apply to the administration of sub. (4r)
13and rules promulgated under sub. (4r) (b).
SB45, s. 2335
14Section
2335. 196.315 of the statutes is created to read:
SB45,1075,20
15196.315 Prohibitions in certain proceedings. (1) No person may make
16any filing, including a complaint, in a proceeding under s. 196.26, 196.28 or 196.30
17unless there is a nonfrivolous basis for doing so. A person may not make any filing,
18including a complaint, in a proceeding under s. 196.26, 196.28 or 196.30 unless, to
19the best of the person's knowledge, information and belief, formed after a reasonable
20inquiry, all of the following conditions are satisfied:
SB45,1075,2121
(a) The filing is reasonably supported by applicable law.
SB45,1075,2422
(b) The allegations and other factual contentions in the filing have evidentiary
23support or, if specifically so identified in the filing, are likely to have evidentiary
24support after reasonable opportunity for further investigation or discovery.
SB45,1075,2525
(c) The filing is not intended to harass any other party to the proceeding.
SB45,1076,2
1(d) The filing is not intended to create a needless increase in the cost of
2litigation.
SB45,1076,8
3(2) No later than 60 days after a complaint is filed under s. 196.26 or 196.30,
4the commission shall determine whether the complaint has been filed in violation of
5sub. (1). If, after notice and opportunity for hearing, the commission determines
6under this subsection that a person has filed a complaint in violation of sub. (1), the
7commission shall terminate the proceeding on the complaint and proceed under sub.
8(4).
SB45,1076,12
9(3) If, at any time during a proceeding under s. 196.26, 196.28 or 196.30, the
10commission determines, after notice and reasonable opportunity to be heard, that a
11person has made a filing in violation of sub. (1), including the filing of a complaint,
12the commission shall proceed under sub. (4).
SB45,1077,2
13(4) If the commission determines that a person has violated sub. (1), the
14commission shall order the person to pay to any party to the proceeding the amount
15of reasonable expenses incurred by that party because of the filing, including
16reasonable attorney fees, and the commission may directly assess a forfeiture
17against the person of not less than $25 nor more than $5,000. A person against whom
18the commission assesses a forfeiture under this subsection shall pay the forfeiture
19to the commission within 10 days after receipt of notice of the assessment or, if the
20person petitions for judicial review under ch. 227, within 10 days after receipt of the
21final decision after exhaustion of judicial review. The commission shall remit all
22forfeitures paid under this subsection to the state treasurer for deposit in the school
23fund. The attorney general may bring an action in the name of the state to collect
24any forfeiture assessed by the commission under this subsection that has not been
1paid as provided in this subsection. The only contestable issue in such an action is
2whether or not the forfeiture has been paid.
SB45, s. 2336
3Section
2336. 196.77 of the statutes is amended to read:
SB45,1077,13
4196.77 Promotional rates. Except as provided in this section, nothing in this
5chapter prohibits a telecommunications utility from filing a tariff to make a limited
6offering of promotional rates. A promotional rate under this section shall take effect
7automatically at the time specified in the tariff
but not earlier than 10 days after the
8date the tariff is filed with the commission unless the commission
authorizes an
9earlier effective date or suspends the tariff within 10 days after the date on which
10it is filed. The commission may suspend a tariff if it believes that the tariff violates
11s. 196.204, 196.209 or 196.219. If the commission suspends a tariff, it shall
12investigate and resolve the matter within 60 days after the date on which the tariff
13is suspended or the tariff shall be effective as filed.
SB45, s. 2337
14Section
2337. 214.01 (1) (im) of the statutes is amended to read:
SB45,1077,1515
214.01
(1) (im) "Division" means the division of savings
and loan institutions.
SB45, s. 2338
16Section
2338. 214.592 of the statutes is amended to read:
SB45,1077,20
17214.592 Financially related services tie-ins. In any transaction conducted
18by a savings bank, a savings bank holding company or a subsidiary of either with a
19customer who is also a customer of any other subsidiary of any of them, the customer
20shall be given a notice in 12-point boldface type in substantially the following form:
SB45,1077,2121
NOTICE OF RELATIONSHIP
SB45,1078,222
This company, .... (insert name and address of savings bank, savings bank
23holding company or subsidiary), is related to .... (insert name and address of savings
24bank, savings bank holding company or subsidiary) of which you are also a customer.
1You may not be compelled to buy any product or service from either of the above
2companies or any other related company in order to participate in this transaction.
SB45,1078,73
If you feel that you have been compelled to buy any product or service from
4either of the above companies or any other related company in order to participate
5in this transaction, you should contact the management of either of the above
6companies at either of the above addresses or the division of savings
and loan 7institutions at .... (insert address).
SB45, s. 2339
8Section
2339. 215.01 (6) of the statutes is amended to read:
SB45,1078,99
215.01
(6) "Division" means the division of savings
and loan institutions.
SB45, s. 2340
10Section
2340. 215.02 (title) of the statutes is amended to read:
SB45,1078,11
11215.02 (title)
Division of savings and loan institutions.
SB45, s. 2341
12Section
2341. 215.141 of the statutes is amended to read:
SB45,1078,17
13215.141 Financially related services tie-ins. In any transaction conducted
14by an association, a savings and loan holding company or a subsidiary of either with
15a customer who is also a customer of any other subsidiary of any of them, the
16customer shall be given a notice in 12-point boldface type in substantially the
17following form:
SB45,1078,1818
NOTICE OF RELATIONSHIP
SB45,1078,2419
This company, ..... (insert name and address of association, savings and loan
20holding company or subsidiary), is related to ..... (insert name and address of
21association, savings and loan holding company or subsidiary) of which you are also
22a customer. You may not be compelled to buy any product or service from either of
23the above companies or any other related company in order to participate in this
24transaction.
SB45,1079,5
1If you feel that you have been compelled to buy any product or service from
2either of the above companies or any other related company in order to participate
3in this transaction, you should contact the management of either of the above
4companies at either of the above addresses or the division of savings
and loan 5institutions at .... (insert address).
SB45, s. 2342
6Section
2342. 218.015 (7) of the statutes is amended to read:
SB45,1079,127
218.015
(7) In Except as provided in s. 893.83, in addition to pursuing any other
8remedy, a consumer may bring an action to recover for any damages caused by a
9violation of this section. The court shall award a consumer who prevails in such an
10action twice the amount of any pecuniary loss, together with costs, disbursements
11and reasonable attorney fees, and any equitable relief the court determines
12appropriate.
SB45, s. 2343
13Section
2343. 220.04 (9) (a) 2. of the statutes is amended to read:
SB45,1079,1614
220.04
(9) (a) 2. "Regulated entity" means a bank,
universal bank, trust
15company bank and any other entity which is described in s. 220.02 (2) or 221.0526
16as under the supervision and control of the division.
SB45, s. 2344
17Section
2344. 221.0303 (2) of the statutes is amended to read:
SB45,1080,918
221.0303
(2) Operation and acquisition of customer bank communications
19terminals. A bank may, directly or indirectly, acquire, place and operate, or
20participate in the acquisition, placement and operation of, at locations other than its
21main or branch offices, customer bank communications terminals, in accordance
22with rules established by the division. The rules of the division shall provide that
23any such customer bank communications terminal shall be available for use, on a
24nondiscriminatory basis, by any state or national bank and by all customers
25designated by a bank using the terminal. This subsection does not authorize a bank
1which has its principal place of business outside this state to conduct banking
2business in this state. The customer bank communications terminals also shall be
3available for use, on a nondiscriminatory basis, by any credit union, savings and loan
4association or savings bank, if the credit union, savings and loan association or
5savings bank requests to share its use, subject to rules jointly established by the
6division of banking, the office of credit unions and the division of savings
and loan 7institutions. The division by order may authorize the installation and operation of
8a customer bank communications terminal in a mobile facility, after notice and
9hearing upon the proposed service stops of the mobile facility.
SB45, s. 2345
10Section
2345. 221.0321 (5) of the statutes is amended to read:
SB45,1080,1911
221.0321
(5) Certain secured loans. A bank may make loans secured by
12assignment or transfer of stock certificates or other evidence of the borrower's
13ownership interest in a corporation formed for the cooperative ownership of real
14estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage
15involving a one-family residence, apply to a proceeding to enforce the lender's rights
16in security given for a loan under this subsection. The division shall promulgate joint
17rules with the office of credit unions and the division of savings
and loan institutions 18that establish procedures for enforcing a lender's rights in security given for a loan
19under this subsection.
SB45, s. 2346
20Section
2346. Chapter 222 of the statutes is created to read:
SB45,1080,2221
CHAPTER 222
22
UNIVERSAL BANKS
SB45,1080,2423
Subchapter I
24
General Provisions
SB45,1081,2
1222.0101 Title. This chapter may be cited as the "Wisconsin universal bank
2law".
SB45,1081,3
3222.0102 Definitions. In this chapter:
SB45,1081,4
4(1) "Adequately capitalized" has the meaning given in
12 USC 1831o (b) (1) (B).
SB45,1081,7
5(2) "Capital" of a universal bank means the sum of the following, less the
6amount of intangible assets that is not considered to be qualifying capital by a deposit
7insurance corporation or the division:
SB45,1081,128
(a) For a universal bank organized as a stock organization, the universal bank's
9capital stock, preferred stock, undivided profits, surplus, outstanding notes and
10debentures approved by the division, other forms of capital designated as capital by
11the division and other forms of capital considered to be qualifying capital of the
12universal bank by a deposit insurance corporation.
SB45,1081,1713
(b) For a universal bank organized as a mutual organization, the universal
14bank's net worth, undivided profits, surplus, outstanding notes and debentures
15approved by the division, other forms of capital designated as capital by the division
16and other forms of capital considered to be qualifying capital by a deposit insurance
17corporation.
SB45,1081,21
18(3) "Deposit insurance corporation" means the Federal Deposit Insurance
19Corporation or other instrumentality of, or corporation chartered by, the United
20States that insures deposits of financial institutions and that is supported by the full
21faith and credit of the U.S. government as stated in a congressional resolution.
SB45,1081,22
22(4) "Division" means the division of banking.
SB45,1081,25
23(5) "Financial institution" means a state savings bank organized under ch. 214,
24state savings and loan association organized under ch. 215 or a state bank chartered
25under ch. 221.
SB45,1082,2
1(6) "Universal bank" means a financial institution that has been issued a
2certificate of authority under s. 222.0205.
SB45,1082,3
3(7) "Well-capitalized" has the meaning given in
12 USC 1831o (b) (1) (A).
SB45,1082,8
4222.0103 Applicability. (1) Savings banks. A universal bank that is a savings
5bank organized under ch. 214 remains subject to all of the requirements, duties and
6liabilities, and may exercise all of the powers, of a savings bank, except that in the
7event of a conflict between this chapter and those requirements, duties, liabilities or
8powers, this chapter shall control.
SB45,1082,13
9(2) Savings and loan associations. A universal bank that is a savings and loan
10association organized under ch. 215 remains subject to all of the requirements,
11duties and liabilities, and may exercise all of the powers, of a savings and loan
12association, except that, in the event of a conflict between this chapter and those
13requirements, duties, liabilities or powers, this chapter shall control.
SB45,1082,17
14(3) Banks. A universal bank that is a bank chartered under ch. 221 remains
15subject to all of the requirements, duties and liabilities, and may exercise all of the
16powers, of a bank, except that, in the event of a conflict between this chapter and
17these requirements, duties, liabilities or powers, this chapter shall control.
SB45,1082,20
18222.0105 Fees. The division may establish such fees as it determines are
19appropriate for documents filed with the division under this chapter and for services
20provided by the division under this chapter.
SB45,1082,22
21222.0107 Administration. (1) Powers of division. The division shall
22administer this chapter for all universal banks.
SB45,1083,2
23(2) Rule-making authority. The division may promulgate rules to administer
24and carry out this chapter. The division may establish additional limits or
25requirements on universal banks, if the division determines that the limits or
1requirements are necessary for the protection of depositors, members, investors or
2the public.