SB44-SSA1,850,1714
183.0901
(3) The department administratively dissolves the limited liability
15company under s. 183.09025 (2) (c), unless the limited liability company is
16subsequently reinstated under s. 183.09025 (4) (b) or pursuant to judicial review
17under ss. 227.52 to 227.58.
SB44-SSA1,850,23
19183.09025 Administrative dissolution and reinstatement. (1) Grounds
20for administrative dissolution. The department may bring a proceeding under sub.
21(2) to administratively dissolve any limited liability company that does not deliver
22to the department the limited liability company's complete annual report within one
23year after the annual report is due.
SB44-SSA1,851,3
24(2) Procedure for administrative dissolution. (a) If the department
25determines that grounds exist under sub. (1) for dissolving a limited liability
1company, the department shall mail the limited liability company a notice of the
2determination. The notice shall be in writing and addressed to the registered office
3of the limited liability company.
SB44-SSA1,851,84
(b) Within 60 days after the date on which the notice is received or the date on
5which the second insertion of the class 2 notice under par. (d) is published, the limited
6liability company shall correct each ground for dissolution or demonstrate to the
7reasonable satisfaction of the department that each ground determined by the
8department does not exist.
SB44-SSA1,851,159
(c) If a limited liability company fails to satisfy par. (b), the department shall
10administratively dissolve the limited liability company. The department shall enter
11a notation in its records to reflect each ground for dissolution and the effective date
12of dissolution and shall mail the limited liability company a notice of those facts and
13a certificate of dissolution. The notice and certificate shall be in writing and
14addressed to the registered office of the limited liability company. The dissolution
15is subject to judicial review as provided in ss. 227.52 to 227.58.
SB44-SSA1,851,2016
(d) If a notice under par. (a) or (c) is returned to the department as
17undeliverable, the department shall again mail the notice to the limited liability
18company as provided under that paragraph. If the notice is again returned to the
19department as undeliverable, the department shall give the notice by publishing a
20class 2 notice under ch. 985 in the official state newspaper.
SB44-SSA1,851,23
21(3) Use of name following administrative dissolution. A limited liability
22company's right to the exclusive use of its name terminates on the date of the
23administrative dissolution under sub. (2) (c).
SB44-SSA1,852,2
24(4) Reinstatement. (a) A limited liability company that is administratively
25dissolved under sub. (2) (c) may apply to the department for reinstatement within
130 days after the date on which the limited liability company is dissolved. The
2application shall include all of the following:
SB44-SSA1,852,43
1. The name of the limited liability company and the date on which it was
4administratively dissolved.
SB44-SSA1,852,65
2. A statement that each ground for dissolution either did not exist or has been
6cured.
SB44-SSA1,852,77
3. A statement that the limited liability company's name satisfies s. 183.0103.
SB44-SSA1,852,158
(b) The department shall cancel the certificate of dissolution and issue a
9certificate of reinstatement under this paragraph if the department determines that
10the application contains the information required under par. (a), that the
11information is correct, and that all fees and penalties owed by the limited liability
12company to the department under this chapter have been paid. The certificate of
13reinstatement shall state the department's determination under this paragraph and
14the effective date of reinstatement. The department shall file the certificate and
15provide a copy to the limited liability company or its representative.
SB44-SSA1,852,1916
(c) When the reinstatement becomes effective, it shall relate back to and take
17effect as of the effective date of the administrative dissolution, and the limited
18liability company may resume carrying on its business as if the administrative
19dissolution had never occurred.
SB44-SSA1,852,2320
(d) If the department denies a limited liability company's application for
21reinstatement under par. (a), the department shall serve the limited liability
22company with a written notice of denial that explains each reason for the denial. The
23denial is subject to judicial review as provided in ss. 227.52 to 227.58.
SB44-SSA1,853,9
1186.098
(12) Loans to members. A credit union may make loans to members
2secured by assignment or transfer of stock certificates or other evidence of the
3borrower's ownership interest in a corporation formed for the cooperative ownership
4of real estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a
5mortgage involving a one-family residence, apply to a proceeding to enforce the
6lender's rights in security given for a loan under this subsection. The office of credit
7unions shall promulgate joint rules with
the division of savings institutions and the
8division of banking that establish procedures for enforcing a lender's rights in
9security given for a loan under this subsection.
SB44-SSA1,853,23
11194.51 Suit to recover protested tax. No suit shall be maintained in any
12court to restrain or delay the collection or payment of the taxes levied in this chapter.
13The aggrieved taxpayer shall pay the tax as and when due, and, if paid under protest,
14may at any time within 90 days from the date of such payment, sue the state in an
15action at law to recover the tax so paid. If it is finally determined that said tax, or
16any part thereof, was wrongfully collected for any reason, it shall be the duty of the
17department secretary of administration to
issue a warrant on the state treasurer for 18pay out of the transportation fund the amount of such tax so adjudged to have been
19wrongfully collected
, and the treasurer shall pay the same out of the transportation
20fund. A separate suit need not be filed for each separate payment made by any
21taxpayer, but a recovery may be had in one suit for as many payments as may have
22been made within any 90-day period preceding the commencement of such an action.
23Such suits shall be commenced as provided in s. 775.01.
SB44-SSA1,854,18
1195.29
(5) Elimination of grade crossings, costs. Upon petition of the
2department, or of the common council or board of any city, village, town
, or county,
3alleging that one or more of them have undertaken or propose to undertake to
4relocate or improve an existing highway or to construct a new highway in such
5manner as to eliminate a highway grade crossing with any railroad or so as to
6permanently divert a material portion of the highway traffic from a highway grade
7crossing with any railroad, the office shall issue notice of investigation and hearing,
8as provided in s. 195.04. If upon such hearing the office finds that the public safety
9will be promoted by the highway relocation, improvement
, or new construction, the
10office shall order the old crossings closed and new crossings opened as are deemed
11necessary for public safety. The order shall require the railroad company or
12companies to pay to the interested municipality or municipalities such sum as the
13office finds to be an equitable portion of the cost of the highway relocation,
14improvement
, or new construction, if the work is performed by the municipalities;
15or to the
state treasurer secretary of administration if the work is performed by the
16state; or to the proper county treasurer if the work is performed by the county. The
17sum shall be added to the joint fund available for the improvement and may be
18expended in like manner as the other portions of the fund.
SB44-SSA1,855,920
195.60
(3) If any railroad against which a bill has been rendered under sub. (1)
21or (2) within 30 days after the rendering of such bill neglects or refuses to pay the
22same or fails to file objections to the bill with the office, the office shall transmit to
23the
state treasurer secretary of administration a certified copy of the bill, together
24with notice of neglect or refusal to pay the bill, and on the same day the office shall
25mail to the railroad against which the bill has been rendered a copy of the notice
1which it has transmitted to the
state treasurer secretary of administration. Within
210 days after the receipt of such notice and certified copy of such bill, the
state
3treasurer secretary of administration shall levy the amount stated on such bill to be
4due, with interest, by distress and sale of any goods and chattels, including stocks,
5securities, bank accounts, evidences of debt, and accounts receivable belonging to
6such delinquent railroad. Such levy by distress and sale shall be governed by the
7provisions of s. 74.10, 1985 stats., except that it shall be made by the
state treasurer 8secretary of administration and that said goods and chattels anywhere within the
9state may be levied upon.
SB44-SSA1,855,2111
195.60
(4) (d) If any bill against which objections have been filed is not paid
12within 10 days after notice of a finding that such objections have been overruled and
13disallowed by the office has been mailed to the objector, the office shall give notice
14of such delinquency to the
state treasurer secretary of administration and to the
15objector, in the manner provided in sub. (3). The
state treasurer secretary of
16administration shall then proceed to collect the amount of the bill as provided in sub.
17(3). If an amended bill is not paid within 10 days after a copy thereof is mailed to the
18objector by registered mail, the office shall notify the
state treasurer secretary of
19administration and the objector as in the case of delinquency in the payment of an
20original bill. The
state treasurer secretary of administration shall then proceed to
21collect the amount of the bill as provided in the case of an original bill.
SB44-SSA1,856,923
195.60
(5) No suit or proceeding shall be maintained in any court for the
24purpose of restraining or in any way delaying the collection or payment of any bill
25rendered under subs. (1) and (2). Every railroad against which a bill is rendered shall
1pay the amount thereof, and after such payment may in the manner herein provided,
2at any time within 2 years from the date the payment was made, sue the state in an
3action at law to recover the amount paid with legal interest thereon from the date
4of payment, upon the ground that the assessment was excessive, erroneous,
5unlawful
, or invalid in whole or in part. If it is finally determined in such action that
6any part of the bill for which payment was made was excessive, erroneous, unlawful
, 7or invalid, the
state treasurer secretary of administration shall make a refund to the
8claimant as directed by the court, which shall be charged to the appropriations to the
9office.
SB44-SSA1,857,211
196.199
(3) (d) If, at any time during a proceeding under this subsection, the
12commission determines, after notice and reasonable opportunity to be heard, that a
13person has made a filing in violation of par. (c), the commission shall order the person
14to pay to any party to the proceeding the amount of reasonable expenses incurred by
15that party because of the filing, including reasonable attorney fees, and the
16commission may directly assess a forfeiture against the person of not less than $25
17nor more than $5,000. A person against whom the commission assesses a forfeiture
18under this paragraph shall pay the forfeiture to the commission within 10 days after
19receipt of notice of the assessment or, if the person petitions for judicial review under
20ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial
21review. The commission shall remit all forfeitures paid under this paragraph to the
22state treasurer secretary of administration for deposit in the school fund. The
23attorney general may bring an action in the name of the state to collect any forfeiture
24assessed by the commission under this paragraph that has not been paid as provided
1in this paragraph. The only contestable issue in such an action is whether or not the
2forfeiture has been paid.
SB44-SSA1,857,54
196.218
(3) (a) 3. b. The amounts appropriated under ss. 20.255 (3) (q)
, 20.275
5(1) (s), (t) and (tm) and
(qm), 20.285 (1) (q)
, and 20.505 (4) (s), (t), (tm), (tu), and (tw).
SB44-SSA1,857,107
196.218
(3) (a) 4. In calculating contribution amounts that must be paid into
8the universal service fund by telecommunications utilities that provide local
9exchange service, the commission shall determine the portion of the contributions
10that
are is used for the purposes specified in sub. (5) (a) 5. to
7. 11.
SB44-SSA1,857,1512
196.218
(3) (e) Except as provided in
par. (f) and s. 196.196 (2) (d), a
13telecommunications provider or other person may not establish a surcharge on
14customers' bills to collect from customers contributions required under this
15subsection.
SB44-SSA1,857,2417
196.218
(3) (f) Notwithstanding ss. 196.196 (1) and (5) (d) 2., 196.20 (2m), (5)
18and (6), 196.213 and 196.215, a telecommunications utility that provides local
19exchange service may make adjustments to local exchange service rates for the
20purpose of recovering the portion of its contributions to the universal service fund
21that is determined by the commission under par. (a) 4.
A telecommunications utility
22that adjusts local exchange service rates for the purpose of recovering all or any
23amount of that portion shall identify on customer bills a single amount that is the
24total amount of the adjustment.
SB44-SSA1,858,5
1196.218
(4t) Educational telecommunications access program rules. The
2commission, in consultation with the department of administration
and the
3technology for educational achievement in Wisconsin board, shall promulgate rules
4specifying the telecommunications services eligible for funding through the
5educational telecommunications access program under s.
44.73 16.997.
SB44-SSA1,858,117
196.218
(5) (a) 5. To pay costs incurred under contracts under s. 16.974 to the
8extent that these costs are not paid under s.
44.73
16.997 (2) (d), except that no
9moneys in the universal service fund may be used to pay installation costs that are
10necessary for a political subdivision to obtain access to bandwidth under a shared
11service agreement under s.
44.73 16.997 (2r) (a).
SB44-SSA1, s. 2314d
12Section 2314d. 196.218 (5) (a) 5. of the statutes, as affected by 2003 Wisconsin
13Act .... (this act), is amended to read:
SB44-SSA1,858,1814
196.218
(5) (a) 5. To pay costs incurred under contracts under s.
16.974 16.971
15(13) to (16) to the extent that these costs are not paid under s. 16.997 (2) (d), except
16that no moneys in the universal service fund may be used to pay installation costs
17that are necessary for a political subdivision to obtain access to bandwidth under a
18shared service agreement under s. 16.997 (2r) (a).
SB44-SSA1,858,2320
196.218
(5) (a) 6. To pay the department of
electronic government 21administration for telecommunications services provided under s.
22.05 16.972 (1)
22to the campuses of the University of Wisconsin System at River Falls, Stout, Superior
23and Whitewater.
SB44-SSA1,859,4
1196.218
(5) (a) 7. To make grants awarded by the
technology for educational
2achievement in Wisconsin board department of administration to school districts
3and private schools under s.
44.73 16.997 (6). This subdivision does not apply after
4June 30, 2002 December 31, 2005.
SB44-SSA1,859,87
196.218
(5) (a) 11. To provide for state aid to public library systems under s.
843.24.
SB44-SSA1,859,1310
196.374
(5) The commission may not require any public utility to operate or
11otherwise provide for, or impose any assessment on public utility customers for, any
12program established by the department of administration under s. 16.957 (2) (b) 1.
13This subsection does not apply to contributions that are required under sub. (3).
SB44-SSA1,859,1815
196.491
(2) (e) Any state agency, as defined in s.
16.375 560.9810 (1), county,
16municipality, town or person may submit written comments to the commission on a
17strategic energy assessment within 90 days after copies of the draft are issued under
18par. (b).
SB44-SSA1,860,1020
196.85
(3) If any public utility, sewerage system, joint local water authority, or
21power district is billed under sub. (1), (2), or (2e) and fails to pay the bill within 30
22days or fails to file objections to the bill with the commission, as provided in this
23subsection, the commission shall transmit to the
state treasurer secretary of
24administration a certified copy of the bill, together with notice of failure to pay the
25bill, and on the same day the commission shall mail by registered mail to the public
1utility, sewerage system, joint local water authority, or power district a copy of the
2notice that it has transmitted to the state treasurer. Within 10 days after receipt of
3the notice and certified copy of the bill, the
state treasurer secretary of
4administration shall levy the amount stated on the bill to be due, with interest, by
5distress and sale of any property, including stocks, securities, bank accounts,
6evidences of debt, and accounts receivable belonging to the delinquent public utility,
7sewerage system, joint local water authority, or power district. The levy by distress
8and sale shall be governed by s. 74.10, 1985 stats., except that it shall be made by the
9state treasurer secretary of administration and that goods and chattels anywhere
10within the state may be levied upon.
SB44-SSA1,860,2312
196.85
(4) (d) If any bill against which objections have been filed is not paid
13within 10 days after notice of a finding that the objections have been overruled and
14disallowed by the commission has been mailed to the objector as provided in this
15subsection, the commission shall give notice of the delinquency to the
state treasurer 16secretary of administration and to the objector, in the manner provided in sub. (3).
17The
state treasurer secretary of administration shall then proceed to collect the
18amount of the delinquent bill as provided in sub. (3). If an amended bill is not paid
19within 10 days after a copy of the amended bill is mailed to the objector by registered
20mail, the commission shall notify the
state treasurer
secretary of administration and
21the objector as in the case of delinquency in the payment of an original bill. The
state
22treasurer secretary of administration shall then proceed to collect the amount of the
23amended bill as provided in the case of an original bill.
SB44-SSA1,861,11
1196.85
(5) No suit or proceeding may be maintained in any court to restrain or
2delay the collection or payment of any bill rendered under sub. (1), (2), or (2e). Every
3public utility, sewerage system, joint local water authority, or power district that is
4billed shall pay the amount of the bill, and after payment may in the manner
5provided under this section, at any time within 2 years from the date the payment
6was made, sue the state to recover the amount paid plus interest from the date of
7payment, upon the ground that the assessment was excessive, erroneous, unlawful,
8or invalid in whole or in part. If the court finds that any part of the bill for which
9payment was made was excessive, erroneous, unlawful, or invalid, the
state
10treasurer secretary of administration shall make a refund to the claimant as directed
11by the court. The refund shall be charged to the appropriations to the commission.
SB44-SSA1, s. 2324
12Section
2324. 196.858 (1) and (2) of the statutes are amended to read:
SB44-SSA1,861,1513
196.858
(1) The commission shall annually assess against local exchange and
14interexchange telecommunications utilities the total, not to exceed $5,000,000, of the
15amounts appropriated under s.
20.530 20.505 (1) (ir).
SB44-SSA1,861,25
16(2) The commission shall assess a sum equal to the annual total amount under
17sub. (1) to local exchange and interexchange telecommunications utilities in
18proportion to their gross operating revenues during the last calendar year. If total
19expenditures for telephone relay service exceeded the payment made under this
20section in the prior year, the commission shall charge the remainder to assessed
21telecommunications utilities in proportion to their gross operating revenues during
22the last calendar year. A telecommunications utility shall pay the assessment within
2330 days after the bill has been mailed to the assessed telecommunication utility. The
24bill constitutes notice of the assessment and demand of payment. Payments shall
25be credited to the appropriation account under s.
20.530 20.505 (1) (ir).
SB44-SSA1,862,22
214.01
(1) (im) "Division" means the division of
savings institutions banking.
SB44-SSA1,862,54
214.01
(1) (sr) "Review board" means the savings
bank institutions review
5board.
SB44-SSA1,862,11
7214.592 Financially related services tie-ins. In any transaction conducted
8by a savings bank, a savings bank holding company
, or a subsidiary of either with
9a customer who is also a customer of any other subsidiary of any of them, the
10customer shall be given a notice in 12-point boldface type in substantially the
11following form:
SB44-SSA1,862,1212
NOTICE OF RELATIONSHIP
SB44-SSA1,862,1713
This company, .... (insert name and address of savings bank, savings bank
14holding company
, or subsidiary), is related to .... (insert name and address of savings
15bank, savings bank holding company
, or subsidiary) of which you are also a customer.
16You may not be compelled to buy any product or service from either of the above
17companies or any other related company in order to participate in this transaction.
SB44-SSA1,862,2218
If you feel that you have been compelled to buy any product or service from
19either of the above companies or any other related company in order to participate
20in this transaction, you should contact the management of either of the above
21companies at either of the above addresses or the division of
savings institutions 22banking at .... (insert address).
SB44-SSA1,862,2424
215.01
(6) "Division" means the division of
savings institutions banking.
SB44-SSA1,863,2
1215.01
(22) "Review board" means the savings
and loan institutions review
2board.
SB44-SSA1, s. 2336
3Section
2336. 215.02 (title) of the statutes is repealed and recreated to read:
SB44-SSA1,863,4
4215.02 (title)
Powers of the division.
SB44-SSA1,863,166
215.02
(10) (a) 3. An order of removal takes effect on the date issued. A copy
7of the order shall be served upon the association and upon the officer, director
, or
8employee in the manner provided by law for service of a summons in a court of record
9or by mailing a copy to the association and officer, director
, or employee at their
10last-known
, post-office addresses. Any removal under this subsection has the same
11effect as if made by the board of directors or the members or stockholders of the
12association. An officer, director
, or employee removed from office or employment
13under this subsection may not be elected as an officer or director of, or be employed
14by, an association without the approval of the division and the review board. An
15order of removal under this subsection is a final
order or determination of the review
16board under s. 215.04
(6) (5).
SB44-SSA1, s. 2338
17Section
2338. 215.04 of the statutes is repealed and recreated to read:
SB44-SSA1,863,19
18215.04 Review board. (1) Duties. The review board shall do all of the
19following:
SB44-SSA1,863,2020
(a) Advise the division on matters related to this chapter.
SB44-SSA1,863,2121
(b) Review the acts, orders, and determinations of the division.
SB44-SSA1,863,2322
(c) Act on any matters pertaining to this chapter that are submitted to it by the
23division.