Under this bill, the department of commerce (department) must designate up
to 20 areas in the state as technology zones. The department may certify any new
or expanding high-technology business located in a designated technology zone for
a tax credit that is based on the amount of real and personal property taxes that the
business paid in the taxable year; the amount of sales and use taxes that the business
paid in the taxable year; and the amount of income and franchise taxes that the
business paid in the taxable year. A business certified by the department may claim
the tax credit for three years, or for up to five years if the business experiences growth
to an extent determined by the department, but the total amount that a business may
claim is limited by the department, and not more than $5,000,000 in tax credits may
be claimed by all businesses certified in a technology zone.
This bill designates an area in the city of Milwaukee as a development
opportunity zone and authorizes up to $4,700,000 to be claimed in tax credits for
economic activity in the zone. The bill also provides that a person conducting
economic activity in this new development opportunity zone who would not
otherwise be able to claim tax credits may be certified for tax credits if: 1) the
economic activity is instrumental in enabling another person to conduct economic
activity in the zone that would not have occurred but for the first person's
involvement; 2) the department determines that the person being certified for tax
credits will pass the benefit of the tax credits through to the other person conducting
the economic activity in the zone; and 3) the other person conducting economic
activity in the zone does not claim tax credits for the economic activity.
In addition, the bill creates an income tax and franchise tax credit for a business
that is certified to receive tax credits in the new development opportunity zone that
is equal to 3% of the following: 1) the purchase price of tangible personal property
that is used for at least 50% of its use for the business at a location in the zone; and
2) the amount expended to acquire, construct, rehabilitate, remodel, or repair real
property in the zone. A business may claim the credit only to offset taxes that are
imposed on income that is attributable to the operations of the business in the
development zone.
Under the current community-based economic development programs, the
department awards grants to counties, cities, villages, towns, and community-based
organizations for various purposes related to promoting economic development at
the community level. This bill eliminates these programs and creates the New
Economy for Wisconsin (NEW) Program. Under NEW, the department may award
grants, not exceeding $100,000 each, to community-based business incubators and
nonprofit organizations that provide services to high-technology businesses or that
promote entrepreneurship. Grant proceeds may be used only for assisting small
businesses (businesses with fewer than 100 employees) in adopting new technologies
in their operations, for assisting technology-based small businesses in activities that
further technology transfer, or for assisting entrepreneurs in discovering business
opportunities.
Under the current Gaming Economic Development Grant and Loan Program,
the department may award a grant for professional services, or award a grant or
make a loan for fixed asset financing, to an existing business in this state if the
business has been negatively affected by the existence of a casino and has a
legitimate need for the grant or loan to improve profitability. Under the current
Gaming Economic Diversification Program, the department may award a grant or
make a loan to an existing business in this state for a project that will diversify the
economy of a community. Each program is funded with Indian gaming receipts.
Under this bill, start-up businesses, in addition to existing businesses, are
eligible for the grants and loans under both programs. The bill adds remediating
brownfields (which are abandoned, idle, or underused industrial or commercial
facilities or sites that are adversely affected for expansion or redevelopment by
actual or perceived environmental contamination) as a project purpose for which
grants and loans may be awarded under the Gaming Economic Diversification
Program. In addition, the bill authorizes the department to award a grant to the M7
Development Corporation for construction of a multipurpose center at Lincoln Park
in the city of Milwaukee and to award grants to the Chippewa Valley Technical
College for a health care education center. These grants are paid out of Indian
gaming receipts.
Under the current Physician Loan Assistance Program, the department may
repay, over a three-year period, up to $50,000 in educational loans on behalf of a
physician who specializes in family practice, general internal medicine, general
pediatrics, obstetrics and gynecology, or psychiatry and who agrees to practice at
least 32 hours per week for three years in a clinic in one or more eligible practice areas
in this state. This bill expands the Physician Loan Assistance Program to include
dentists.
Under current law, the department must award grants not exceeding a total of
$900,000 to the city of Milwaukee for a matching grant program administered by the
Milwaukee Economic Development Corporation. Under that program, grants are
provided to persons for remediation and economic redevelopment projects in the
Menomonee valley. Funding comes from Indian gaming receipts. This bill requires
the department to make grants in the 2001-03 fiscal biennium directly to the
Milwaukee Economic Development Corporation for its matching grant program and
to the Menomonee Valley Partners, Inc. Funding comes from Indian gaming
receipts. The proceeds of these grants must be used to support job creation and
private sector implementation of the Menomonee valley land use plan.
WHEDA currently administers a number of loan guarantee programs under
which WHEDA guarantees repayment of a percentage of the outstanding principal
amounts of loans made by private lenders to qualified borrowers for various business
and agricultural purposes. Most of the loan guarantee programs are backed by funds
in the Wisconsin development reserve fund. Each loan guarantee program has a
limit on the total outstanding principal amount of all loans that WHEDA may
guarantee under the program (guarantee limit). In that way, WHEDA may
guarantee more loans under a program as the loans already guaranteed under that
program are repaid.
The bill eliminates the separate guarantee limit under each of the guarantee
loan programs that are backed by the Wisconsin development reserve fund and
establishes one overall guarantee limit of $62,000,000 for all programs backed by
that reserve fund. Thus, as loans guaranteed under a program that is backed by the
Wisconsin development reserve fund are repaid, WHEDA may guarantee more loans
under any of the programs that are backed by that reserve fund.
Current law requires WHEDA to ensure that the cash balance in the Wisconsin
development reserve fund is maintained at a ratio of $1 of reserve funding to $4.50
of outstanding principal that WHEDA may guarantee under all of its loan guarantee
programs, except the cultural and architectural landmark loan guarantee program,
under which WHEDA no longer guarantees new loans. This bill changes the ratio
at which WHEDA must maintain the Wisconsin development reserve fund to $1 of
reserve funding to $5.50 of outstanding principal that WHEDA may guarantee
under all of the programs guaranteed from the fund, except the cultural and
architectural landmark loan guarantee program. The reserve funding ratio for that
program remains at $1 of reserve funding to $4 of outstanding guaranteed principal.
Currently, under the Small Business Development Loan Guarantee Program,
WHEDA may guarantee repayment of up to the lesser of $200,000 or 80% of the
principal of a loan made by a private lender to a small business (a business with 50
or fewer full-time employees) or the elected governing body of a federally recognized
American Indian tribe or band in this state. The proceeds of a small business
development loan may be used only for expenses associated with the expansion or
acquisition of a business or with the start-up of a day care business. This bill adds
to the eligible uses of a small business development loan expenses associated with
the start-up of a small business in a vacant storefront in the downtown area of a city,
town, or village with a population of less than 50,000.
Currently, in each fiscal biennium, the department of tourism may select up to
two areas of the state to participate in the Heritage Tourism Program, which entitles
an area to assistance in assessing its potential for heritage tourism (tourism that is
based on historical or prehistorical resources) and in developing and implementing
a plan to increase such tourism. The department of tourism awards grants for
promoting heritage tourism in the selected areas to the persons that applied on
behalf of the areas. Only one grant may be awarded to an applicant in a fiscal year,
and grants may be awarded to an applicant only in two fiscal years.
This bill provides that the two grants that may be awarded to an applicant on
behalf of a selected area may be awarded only in the two fiscal years of the fiscal
biennium in which the area was selected. The bill also provides that, after the fiscal
biennium in which an area was selected, the department of tourism may award
grants of up to $5,000 in a fiscal year to a nonprofit organization that is located in
the area. A nonprofit organization is eligible for the new grants even if it previously
received grants as the applicant on behalf of the area.
Under current law, WHEFA may issue bonds to finance facilities and related
structures that are used for post-secondary education. This bill allows WHEFA to
issue bonds to finance facilities and related structures that are used for primary and
secondary education.
Under the current Brownfields Grant Program, the department of commerce
(department) awards grants to persons, municipalities, and local development
corporations for redevelopment of brownfields and remediation activities associated
with the redevelopment. This bill provides that all of the following are eligible for
a brownfields grant: an individual, partnership, limited liability company,
corporation, nonprofit organization, city, village, town, county, or trustee, including
a trustee in bankruptcy.
Under current law, the department may award up to $1,000,000 in grants each
fiscal year to technology-based nonprofit organizations to provide support for
manufacturing extension centers. This bill eliminates the June 30, 2001, expiration
date of the Manufacturing Extension Center Grant Program.
Commerce
Uniform Electronic Transactions Act
This bill enacts a version of the Uniform Electronic Transactions Act (UETA),
which was approved and recommended for enactment by the National Conference
of Commissioners on Uniform State Laws in 1999. Currently, a combination of state
and federal laws govern the use of electronic documents and signatures in this state.
The most significant federal law in this regard is the Electronic Signatures in Global
and National Commerce Act, commonly known as "E-sign." Although E-sign
contains provisions that potentially affect the maintenance and destruction of public
records and the acceptance of electronic documents by governmental units, E-sign
primarily affects the use of electronic documents and signatures in consumer and
business transactions.
E-sign generally preempts inconsistent state laws. However, with possible
limited exceptions, E-sign does not preempt a state law that constitutes an
enactment of the recommended version of UETA. This bill contains only minor,
nonsubstantive changes to the recommended version of UETA as necessary to
incorporate UETA into the existing statutes. Several provisions of UETA are subject
to varying interpretations. Unless otherwise noted, this analysis reflects the
interpretation, if any, that is supported by the prefatory note or official comments to
the recommended version of UETA.
Like E-sign, the bill primarily affects the use of electronic documents and
electronic signatures in transactions. Under the bill's broad definitions, such things
as information stored on a computer disk or a voice mail recording would likely
qualify for use as an electronic document. However, like E-sign, this bill does not
apply to the execution of wills, to testamentary trusts, or to a transaction governed
by any chapter of this state's version of the Uniform Commercial Code other than the
chapter dealing with sales of goods. Unlike E-sign, this bill may permit the use of
electronic documents for matters relating to family law; court documents; notices of
the cancellation of utility services; certain notices of default, acceleration,
repossession, foreclosure, eviction, or the right to cure; certain notices of the
cancellation or termination of health insurance or life insurance; and product recall
notices.
Like E-sign, this bill specifies that a document or signature may not be denied
legal effect or enforceability solely because it is in electronic form. Unlike E-sign,
this bill further states that an electronic document satisfies any law requiring a
document to be in writing and that an electronic signature satisfies any law
requiring a signature. The bill does not require the use of electronic documents or
electronic signatures. Rather, the bill applies only to transactions between parties
each of which has agreed to conduct transactions by electronic means. However,
unlike current law under E-sign, this bill does not contain any protections that
specifically apply only to consumer transactions. The consumer protections
currently in effect under E-sign would likely have no effect in this state upon the
enactment of this bill.
Under this bill, a person may use an electronic document in a transaction to
satisfy any law requiring the person to provide, send, or deliver information in
writing to another person, if the electronic document satisfies certain conditions.
Although the bill also states that a document relating to a transaction may not be
denied legal effect solely because it is in electronic form, the bill likely permits a
person to deny the legal effect of an electronic document that does not satisfy these
conditions. The bill also specifies that, with certain exceptions, a document must
satisfy any law requiring the document to be posted or displayed in a certain manner;
to be sent, communicated, or transmitted by a specified method; or to contain
information that is formatted in a certain manner. Although this provision is subject
to varying interpretations, it likely requires the parties to a transaction to comply
with any legal requirement relating to the provision of information
other than a
requirement that the information be provided on paper.
The bill establishes the time and location of the sending and receipt of an
electronic document, although the parties to a transaction may agree to alter the
effect of these provisions. The bill also permits a sender to expressly provide in an
electronic document that the document is deemed to be sent from a different location.
The bill also establishes the legal effects of any change or error in an electronic
document that occurs in a transmission between the parties to a transaction. These
effects depend in part upon whether the parties have consented to the use of a
security procedure and whether the transaction is an automated transaction
involving an individual.
With certain exceptions, this bill permits the use of an electronic document to
satisfy any law that requires document retention, as long as the retained information
satisfies certain requirements relating to content and accessibility. An electronic
document retained in compliance with these provisions has the same legal status as
the original document and need not contain any information the sole purpose of
which is to enable the document to be sent, communicated, or received. Under
current law, this ancillary information is normally required to be retained if the
document to which it is attached is required to be retained. The bill specifies that
the state may enforce laws enacted after this bill that prohibit a person from using
an electronic document to satisfy any requirement that the person retain a document
for evidentiary, audit, or like purposes. It is unclear, though, what types of retention
requirements are enacted for "evidentiary, audit, or like purposes." The bill also
specifies that it does not preclude a governmental unit of this state from imposing
additional requirements for the retention of any document subject to its jurisdiction.
It is unclear how this provision relates to other provisions of the bill which provide
that certain electronic documents satisfy any retention requirement.
Like E-sign, this bill also permits electronic notarization, acknowledgement,
or verification of a signature or document relating to a transaction, as long as the
electronic signature of the person performing the notarization, acknowledgement, or
verification is accompanied by all other information required by law. In addition, like
E-sign, this bill contains provisions potentially affecting the maintenance and
destruction of public records. However, this potential effect is less likely to occur
under this bill, if the scope of the UETA provisions is interpreted to be consistent with
the prefatory note and comments to the recommended version of UETA. The bill also
clarifies an ambiguity in current law under E-sign by authorizing a person to submit
an electronic document or signature to a governmental unit only if the governmental
unit consents.
Universal banking
This bill allows a savings bank, a savings and loan association, and a state bank
(a financial institution) to become certified by the division of banking in DFI as a
universal bank. If certified as a universal bank, the financial institution may
exercise certain additional powers.
In order to be certified as a universal bank, a financial institution must be
chartered or organized, and regulated, as a Wisconsin financial institution and be in
existence and continuous operation for at least three years; must be well-capitalized;
must not exhibit moderately severe or unsatisfactory financial, managerial,
operational, and compliance weaknesses; and must not have been the subject of any
enforcement action within the 12 months preceding the application. In addition, the
most recent evaluation of the financial institution under the federal Community
Reinvestment Act must rate the financial institution as outstanding or satisfactory
at helping to meet the credit needs of its entire community. Also, the most recent
evaluation of the financial institution under certain federal laws relating to
customer privacy must indicate that the financial institution is in substantial
compliance with those federal laws. A financial institution that the division of
banking certifies as a universal bank retains its original status and remains subject
to all of the laws that applied to the financial institution prior to its certification as
a universal bank, except to the extent that such laws are inconsistent with the
powers and duties of universal banks. The bill expands the powers of a financial
institution that becomes certified as a universal bank to include any activity
authorized for any savings bank, savings and loan association, or state bank.
The bill permits a universal bank, with the approval of the division of banking,
to exercise all powers that may be exercised directly by a national bank, a federally
chartered savings bank, or a federally chartered savings and loan association. The
division of banking may require a universal bank to exercise a federal power through
a subsidiary, in order to limit the risk of exposure of the universal bank. In addition,
the bill permits a universal bank, with the approval of the division of banking, to
exercise through a subsidiary all powers that a subsidiary of these federal financial
institutions may exercise.
The bill permits a universal bank to deal in loans or extensions of credit for any
purpose. Like state banks, the limitations imposed on a universal bank's lending
generally focus on the total amount of liabilities of any one lender at any one time.
Although the limit varies, the general rule is that the total liabilities of any one
person to a universal bank may not exceed 20% of the capital of the universal bank.
In addition, the bill grants a universal bank additional authority to lend an
aggregate amount to all borrowers not to exceed 20% of the bank's capital. The
division of banking may suspend this additional authority based upon factors
including the universal bank's capital adequacy, management, earnings, liquidity,
and sensitivity to market risk. The bill prohibits a universal bank, in determining
whether to make a loan or extension of credit, from considering any health
information obtained from the records of an affiliate of the universal bank that is
engaged in the business of insurance, unless the person to whom the health
information relates consents.
The bill permits a universal bank to purchase, sell, underwrite, and hold, to the
extent consistent with safe and sound banking practices, certain investment
securities in an amount up to 100% of the universal bank's capital. A universal bank
may not invest greater than 20% of its capital in any one obligor or issuer. Subject
to certain limits the bill also allows a universal bank to purchase, sell, underwrite,
and hold equity securities. Universal banks may also invest in certain housing
properties and projects and profit-participation projects. The bill provides that a
universal bank also may invest without limitation in several specific types of
securities. The universal bank may invest in risk management instruments,
including financial futures transactions, financial operations transactions, and
forward commitments, solely for the purpose of reducing, hedging, or otherwise
managing its interest rate risk exposure. In addition, a universal bank may invest
in other financial institutions. However, the bill contains specific provisions
governing the purchase by a universal bank of its own stock and of stock in banks
and bank holding companies.
The bill permits a universal bank to establish the types and terms of deposits
that the universal bank solicits and accepts. A universal bank may pledge its assets
as security for deposits and, with the approval of the division of banking, may
securitize its assets for sale to the public. In addition, a universal bank may exercise
certain safe deposit and trust powers.
The bill permits a universal bank to exercise all powers necessary or convenient
to effect the purposes for which the universal bank is organized or to further the
businesses in which the universal bank is lawfully engaged. In addition, the bill
permits a universal bank to engage in activities that are reasonably related or
incident to the purposes of the universal bank. Under the bill, any activity permitted
under the federal Bank Holding Company Act satisfies the reasonably related or
incidental criterion. The bill also contains a list of specific activities that meet the
reasonably related or incidental criterion. The listed activities include: real
estate-related services; insurance services, other than insurance underwriting;
securities brokerage; investment advice; securities and bond underwriting; mutual
fund activities; financial consulting; and tax planning and preparation. A universal
bank may also engage in activities that the division of banking determines by rule
are reasonably related or incidental to these listed activities. In addition, the
division of banking, by rule, may determine that other activities are reasonably
related or incidental activities. In promulgating these rules, the division of banking
need not follow the standard notice, hearing, and publication requirements that
generally apply to administrative rule making.
Credit unions
This bill expands the pool of individuals, organizations, and associations that
are eligible for membership in a credit union. Under the bill, credit union
membership is open to individuals who reside or are employed in well-defined,
contiguous neighborhoods and communities, except that, if the office of credit unions
determines, subsequent to a merger, that it is inappropriate to require the members
of a credit union to reside or be employed in contiguous neighborhoods and
communities, the requirement does not apply. In addition, membership is open to
individuals who reside or are employed in well-defined, contiguous rural districts or
multicounty regions. The bill also opens credit union membership to any
organization or association that has its principal business location within any
geographic limits of the credit union's field of membership. The bill also permits a
credit union to accept any organization or association as a member if a majority of
the directors, owners, or members of the organization or association are eligible for
membership.
Under current law, if the need exists, a credit union may establish branch
offices within this state or no more than 25 miles outside of this state. In addition,
under current law regarding interstate mergers and acquisitions of credit unions, a
credit union organized in this state may only merge with, acquire, or be acquired by
a state or federal credit union that has its principal office in Illinois, Indiana, Iowa,
Kentucky, Michigan, Minnesota, Missouri, or Ohio. This bill expands the authority
of a credit union to establish branch offices. Under the bill, with the permission of
the office of credit unions, a credit union may establish branch offices anywhere
inside or outside of this state. In addition, the bill repeals this geographic limitation
on mergers and acquisitions of credit unions.
Current law does not specifically permit a credit union organized under the
laws of another state (non-Wisconsin credit union) to establish a branch office in this
state. This bill specifies that a non-Wisconsin credit union may establish a branch
office in this state if the office of credit unions finds that certain conditions apply to
the non-Wisconsin credit union.
Under current law, subject to certain limitations, a credit union may invest in
an organization that is organized primarily to provide goods and services to credit
unions, credit union organizations, and credit union members (credit union service
organization). Under current law, a credit union may invest in a credit union service
organization that is a corporation. Current law specifies the services that a credit
union service organization may provide. This bill permits a credit union to invest in
a credit union service organization that is a corporation, limited partnership, limited
liability company, or any other entity that is permitted under state law and that is
approved by the office of credit unions. The bill also permits the office of credit unions
to increase the maximum amount that a credit union may invest in a credit union
service organization. In addition, the bill expands the types of services that a credit
union service organization may provide to include electronic transaction services.
This bill expands the authority of a credit union to act as a trustee, allowing a
credit union, to the extent permitted by federal law, to act as a trustee or custodian
of member tax deferred retirement funds, individual retirement accounts, medical
savings accounts, and other employee benefit accounts or funds. In addition, the bill
allows a credit union, to the extent permitted by federal law, to act as a depository
for member qualified and nonqualified deferred compensation funds.
Current law contains several credit union reporting requirements and, with
certain exceptions, requires the office of credit unions to annually examine the
records and accounts of each credit union. The employees of the office of credit unions
and members of the credit union review board must keep information obtained in the
course of examinations confidential, with limited exceptions. A violation of this
confidentiality requirement is subject to a forfeiture (civil penalty) of up to $200.
This bill creates a crime for certain disclosures of information by any employee of the
office of credit unions or member of the credit union review board and creates a crime
for knowingly falsifying certain credit union reports or statements.
This bill requires credit unions to comply with certain federal laws relating to
customer financial privacy and requires the office of credit unions to examine credit
unions for compliance with these federal laws.
Alcohol beverages
Under the current Fair Dealership Law, which applies to most types of product
distributors, a wholesaler of fermented malt beverages that operates under a
contract or agreement, expressed or implied, with a brewer (known as the grantor)
for distribution of a brewer's products, and that maintains a "community of interest"
(i.e., a sufficiently close continuing financial interest) with the brewer, is considered
a dealer. A brewer may not terminate, cancel, fail to renew, or substantially change
in terms of competitive circumstances a dealer's distribution rights without good
cause. A brewer that does so may be held liable, and injunctive relief preventing the
brewer's actions may be obtained. Good cause means failure by the dealer to comply
substantially with essential and reasonable requirements imposed upon the dealer
by the brewer, which requirements are not discriminatory as compared to their
application by the brewer to other similarly situated dealers. Good cause also means
bad faith by the dealer in carrying out the brewer's distribution business.
Under this bill, a fermented malt beverages wholesaler that does not maintain
a "community of interest" with a brewer may still be a dealer of the brewer, such that
the wholesaler's product distribution rights may not be terminated by the brewer
without good cause. The bill also requires that, if a fermented malt beverages
wholesaler's authorization to distribute products is terminated in whole or in part
by a brewer (even for good cause), any succeeding fermented malt beverages
wholesaler must compensate the terminated wholesaler for the fair market value of
the distributorship that was terminated by the brewer. An exception exists if the
terminated wholesaler was terminated by the brewer because the terminated
wholesaler: engaged in material fraudulent conduct or made material and
substantial misrepresentations in its dealings with the brewer or others; was
convicted of a felony substantially related to operation of the dealership; or
knowingly distributed products outside the territory authorized by the brewer.
Disputes regarding the amount of compensation owed by a succeeding wholesaler to
a terminated wholesaler must be mutually resolved between the parties or resolved
through binding arbitration through a nationally recognized arbitration association.
Under current law, with certain exceptions, the outright sale, transfer, or
assignment of a license to sell alcohol beverages at retail is illegal and unenforceable.
However, current licensees or permittees at times agree to surrender to the issuing
authority their license or permit for a premises upon promise of payment by another
party if the surrender results in the other party being awarded the liquor license or
permit for the premises. This bill prohibits municipalities and DOR from issuing to
an applicant a retail license or permit to sell alcohol beverages if the premises
described in the application is already covered by a current license or permit of the
same kind unless each fermented malt beverage wholesaler to whom the current
licensee or permittee is indebted is first notified that another person has applied for
a license or permit for the same premises.
Under current law, a person who holds a security interest in alcohol beverages
may, without a license or permit, sell alcohol beverages. This bill requires that a sale
of fermented malt beverages by a secured party be made within 30 days after the
secured party takes possession of the fermented malt beverages unless the secured
party demonstrates good cause why this time period is insufficient to make a sale
that is commercially reasonable or in conformity with the parties' security
agreement.
Under current law, any person who ships fermented malt beverages from
out-of-state to this state must hold an out-of-state shippers' permit, which
authorizes the permittee to ship fermented malt beverages only to licensed
wholesalers within the state. This bill requires DOR to issue a written warning for
an out-of-state shipper's first violation, and increases the penalty for any
subsequent violation.
Current law generally prohibits any brewer or wholesaler of fermented malt
beverages from furnishing anything of value to a retailer of fermented malt
beverages. A number of exceptions to this prohibition exist. One exception allows
brewers and wholesalers to give to any fermented malt beverage retailer, for
placement inside the premises, signs, clocks, or menu boards with an aggregate
value of not more than $150. This bill increases the aggregate limit on the value of
signs, clocks, or menu boards from $150 to $2,500 during any calendar year. The bill
also allows a brewer or wholesaler to provide signs made from plastic, vinyl, or other
materials with a limited useful life without limitation on the aggregate value of these
signs. The bill further increases the allowable business entertainment value limit
from $75 per day to $500 per day and limits the number of days to not more than 12
in a calendar year.
Another exception allows a brewer or wholesaler to purchase advertising from
a national or statewide trade association of retailers. This bill allows a brewer or
wholesaler to purchase advertising from an advertising agency or media company
to promote brewer or wholesaler sponsored sweepstakes, contests, or promotions on
the premises of retailers if the promotional material includes at least five
unaffiliated retailers and if the retailer on whose premises the sweepstakes, contest,
or promotion will occur does not receive compensation for hosting the event. The bill
also allows a brewer or wholesaler to conduct its own sweepstakes, contest, or
promotion on the premises of a retailer if these same conditions are satisfied.
Another exception allows a brewer that produces 350,000 or more barrels of
fermented malt beverages annually to make contributions to national or statewide
trade associations of retailers. This bill allows any brewer or wholesaler to make
contributions to national, statewide, or local trade associations of retailers. This
would include allowing brewers or wholesalers to join local tavern leagues.
Administrative dissolution of limited liability company
This bill authorizes DFI to administratively dissolve a limited liability
company if any of the following occur: the limited liability company does not pay,
within one year, any fees or penalties due DFI; the limited liability company is
without a registered agent or registered office in this state for at least one year; and
the limited liability company does not notify DFI within one year that its registered
agent or registered office has been changed, that its registered agent has resigned,
or that its registered office has been discontinued.
Unclaimed property
Under Wisconsin's version of the Uniform Unclaimed Property Act (UUPA),
certain types of property are presumed to be abandoned if the owner of the property
fails to take steps to evidence ownership within a specified time period (dormancy
period). With certain limited exceptions, the holder of property that is presumed to
be abandoned must report and deliver the property to the state treasurer every other
year. With certain limited exceptions, the treasurer must sell the property within
three years after the date on which the treasurer receives the property. If the
property is a security other than a stock (for example, a stock option or an interest
in a limited partnership), the treasurer must hold the security for at least one year
before selling it, unless it is in the best interest of the state to do otherwise. Except
for amounts sufficient to cover possible claims and the treasurer's administrative
expenses, the treasurer currently deposits the clear proceeds of the sale of delivered
property in the school fund.
Persons claiming an interest in any abandoned or unclaimed property
delivered to the treasurer may file a claim with the treasurer to obtain the property.
If a claim is allowed, the treasurer generally must deliver the property to the
claimant or pay the claimant the amount the treasurer actually received or the net
proceeds of the sale of the property, plus certain amounts for dividends or interest
accruing to the property. However, if the claim is for any property other than a stock
and if the treasurer sold the property within three years after the date on which the
treasurer received the property, the treasurer must pay the claimant the value of the
property at the time the claim was filed or the net proceeds of the sale, whichever is
greater. This alternate method of valuation also applies if the claim is for a stock that
the treasurer sold within three years after the date of receipt, as long as the claim
is filed within that three-year period.
With certain limited exceptions, this bill requires annual reporting and
delivery of unclaimed property to the state treasurer. The bill also shortens from
seven years to five the dormancy period that applies to a stock or other intangible
ownership interest in a business association. The bill establishes a single procedure
that applies to the sale of all abandoned securities delivered to the treasurer, which
requires the treasurer to hold the securities for at least one year before selling them,
unless it is in the best interest of the state to do otherwise. In addition, the bill deletes
the alternate method of valuation that applies to property, including stocks, sold
within three years after the date on which the treasurer received the property. Thus,
under this bill, the treasurer's liability for any claim is generally limited to delivery
of the applicable abandoned or unclaimed property or payment of the amount the
treasurer actually received or the net proceeds of the sale of the property, plus certain
amounts for dividends or interest accruing to the property.
Telemarketing
This bill creates three prohibitions regarding telephone solicitations, which are
unsolicited telephone calls encouraging a person in this state to purchase property,
goods, or services. First, the bill prohibits an employee of a professional telemarketer
from using a blocking service that withholds from the recipient of the call the name
or telephone number associated with the telephone line used to make the call. A
professional telemarketer is any business with employees whose primary duty is to
make telephone solicitations.
Second, the bill prohibits an employee of a professional telemarketer from
making a telephone solicitation to a person who has provided notice to the
professional telemarketer that the person does not want to receive telephone
solicitations.
Third, the bill prohibits an employee of a professional telemarketer from
making a telephone solicitation unless, when initiating the telephone conversation,
the employee discloses each the following: 1) the employee's name; 2) the identity
of the person selling the property, goods, or services for whom the telephone
solicitation is being made; and 3) the purpose of the call.
In addition, the bill makes changes to a prohibition under current law against
any person using a prerecorded message in a telephone solicitation without the
consent of the person called. Under this bill, the prohibition applies to any employee
of a professional telemarketer, instead of any person.
Securities agents
With certain exceptions, current law prohibits a person from engaging in the
business of banking without being organized and chartered as a national bank, state
bank, or trust company bank. Certain agents who receive and hold money, pending
investment in real estate or securities on behalf of the person who deposited the
money, are not engaged in the business of banking and are therefore exempt from
regulation. However, this exemption applies only if the agent keeps the money in a
separate trust fund, does not mingle the money with the agent's own property, and
does not agree to pay interest on the money other than to account for the actual
income that is derived from the money while held pending investment.
This bill expands this exemption to include an agent who receives and holds
money, pending investment in real estate or securities on behalf of the person who
deposits the money regardless of whether the money is separately kept and
regardless of whether the agent agrees to pay interest on the money. Thus, under
this bill, an agent may pay interest on money that the agent receives and holds,
pending investment in real estate or securities on behalf of the person who deposited
the money.
Wisconsin Consumer Act
