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.
SB44-SSA1,863,2424
(d) Perform other review functions relating to this chapter.
SB44-SSA1,864,3
1(e) Conduct hearings and take testimony, and subpoena and swear witnesses
2at such hearings. The review board shall have the subpoena powers under s. 885.01
3(4).
SB44-SSA1,864,5
4(2) Appearances. An interested party may appear at a proceeding of the review
5board and may participate in the examination of witnesses and present evidence.
SB44-SSA1,864,11
6(3) Witness fees. A person who causes a witness to be subpoenaed shall
7advance the fees and mileage expense of the witness. Witness fees shall be the same
8as fees under s. 814.67 (1) (b) and (c). The fees of witnesses who are called by the
9review board in the interests of the state shall be paid by the state upon presentation
10of proper vouchers approved by the chairperson of the review board and charged to
11the appropriation under s. 20.144 (1) (g).
SB44-SSA1,864,24
12(4) Review of acts, orders, or determinations. Any interested person or a
13savings association aggrieved by any act, order, or determination of the division,
14which relates to savings and loan associations, may, within 20 days after receipt or
15service of a copy of the act, order, or determination, file a written notice requesting
16the review board's review of the division's act, order, or determination. The review
17of the division's decision shall be solely to determine if the division acted within the
18scope of the division's authority and did not act in an arbitrary or capricious manner
19and to determine if the act, order, or determination of the division is supported by
20substantial evidence in view of the entire record as submitted. The review of
21applications for new charters, branch offices, or relocation of offices shall be based
22exclusively on the record and new evidence may not be taken by the review board.
23Requests for review under this subsection shall be considered and disposed of as
24speedily as possible.
SB44-SSA1,865,4
1(5) Review. A determination of the review board is subject to review under ch.
2227. If an act, order, or determination of the division is reversed or modified by the
3review board, the division shall be considered to be a person aggrieved and directly
4affected by the decision under s. 227.53 (1).
SB44-SSA1,865,7
5(6) Board member not to act. A member of the review board may not act on
6any matter involving a savings and loan association or savings and loan holding
7company of which the member is an officer, director, employee, or agent.
SB44-SSA1,865,13
9215.141 Financially related services tie-ins. In any transaction conducted
10by an association, a savings and loan holding company
, or a subsidiary of either with
11a customer who is also a customer of any other subsidiary of any of them, the
12customer shall be given a notice in 12-point boldface type in substantially the
13following form:
SB44-SSA1,865,1414
NOTICE OF RELATIONSHIP
SB44-SSA1,865,2015
This company, ..... (insert name and address of association, savings and loan
16holding company
, or subsidiary), is related to ..... (insert name and address of
17association, savings and loan holding company
, or subsidiary) of which you are also
18a customer. You may not be compelled to buy any product or service from either of
19the above companies or any other related company in order to participate in this
20transaction.
SB44-SSA1,865,2521
If you feel that you have been compelled to buy any product or service from
22either of the above companies or any other related company in order to participate
23in this transaction, you should contact the management of either of the above
24companies at either of the above addresses or the division of
savings institutions 25banking at .... (insert address).
SB44-SSA1,866,62
215.33
(3) (b) 2. The accounts of the association are insured by the deposit
3insurance corporation or any other insurer acceptable to the division, or that
4adequate and sufficient securities have been deposited with the
state treasurer 5secretary of administration to assure that the association will meet its obligations
6to the residents of this state.
SB44-SSA1,866,118
215.40
(18) Appeal by applicants after being denied certificate of authority. 9If the division refuses to grant a certificate of authority to organize an association,
10and the applicants feel aggrieved thereby, they may appeal to the review board to
11review the division's determination under s. 215.04 (1)
(d) (b) and (4).
SB44-SSA1, s. 2343
12Section
2343. 220.02 (2) (e) and (f) of the statutes are created to read:
SB44-SSA1,866,1313
220.02
(2) (e) Savings banks under ch. 214.
SB44-SSA1,866,1414
(f) Savings and loan associations under ch. 215.
SB44-SSA1,866,2316
220.02
(3) It is the intent of sub. (2) to give the division jurisdiction to enforce
17and carry out all laws relating to banks or banking in this state, including those
18relating to state banks,
savings banks, savings and loan associations, and trust
19company banks, and also all laws relating to small loan companies or other loan
20companies or agencies, finance companies, motor vehicle dealers, adjustment service
21companies, community currency exchanges
, and collection agencies and those
22relating to sellers of checks under ch. 217, whether doing business as corporations,
23individuals
, or otherwise, but to exclude laws relating to credit unions.
SB44-SSA1,867,17
1221.0303
(2) Operation and acquisition of customer bank communications
2terminals. A bank may, directly or indirectly, acquire, place
, and operate, or
3participate in the acquisition, placement
, and operation of, at locations other than
4its main or branch offices, customer bank communications terminals, in accordance
5with rules established by the division. The rules of the division shall provide that
6any such customer bank communications terminal shall be available for use, on a
7nondiscriminatory basis, by any state or national bank and by all customers
8designated by a bank using the terminal. This subsection does not authorize a bank
9which has its principal place of business outside this state to conduct banking
10business in this state. The customer bank communications terminals also shall be
11available for use, on a nondiscriminatory basis, by any credit union, savings and loan
12association
, or savings bank, if the credit union, savings and loan association
, or
13savings bank requests to share its use, subject to rules jointly established by the
14division of banking
, and the office of credit unions
and the division of savings
15institutions. The division by order may authorize the installation and operation of
16a customer bank communications terminal in a mobile facility, after notice and
17hearing upon the proposed service stops of the mobile facility.
SB44-SSA1,867,2019
221.0320
(3) (a) In this subsection, "local governmental unit" has the meaning
20given in s.
22.01 16.97 (7).
SB44-SSA1,868,522
221.0321
(5) Certain secured loans. A bank may make loans secured by
23assignment or transfer of stock certificates or other evidence of the borrower's
24ownership interest in a corporation formed for the cooperative ownership of real
25estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage
1involving a one-family residence, apply to a proceeding to enforce the lender's rights
2in security given for a loan under this subsection. The division shall promulgate joint
3rules with the office of credit unions
and the division of savings institutions that
4establish procedures for enforcing a lender's rights in security given for a loan under
5this subsection.
SB44-SSA1,868,97
223.02
(1) Indemnity fund deposit. (intro.) Deposit at least $100,000 with the
8state treasurer secretary of administration or the
state treasurer's secretary's agent
9in accordance with the following provisions:
SB44-SSA1,868,1711
223.02
(1) (b) The
state treasurer
secretary of administration or the
state
12treasurer's secretary's agent shall pay over to the bank trust company the interest,
13dividends
, or other income on deposit or may authorize the bank trust company to
14collect the interest, dividends
, or other income. The
state treasurer secretary of
15administration shall issue a certificate stating that a deposit has been made with the
16state treasurer secretary of administration or the
state treasurer's secretary's agent
17in the manner provided in this section.
SB44-SSA1,868,2519
223.02
(1) (c) The
state treasurer
secretary of administration or the
state
20treasurer's secretary's agent shall hold the deposit as security for the faithful
21execution of any trust which may be lawfully imposed upon and accepted by the trust
22company bank. The cash or securities shall remain in the possession of the
state
23treasurer secretary of administration or the
state treasurer's secretary's agent until
24otherwise ordered by a court of competent jurisdiction, unless released pursuant to
25par. (d).
SB44-SSA1,869,62
223.02
(1) (d) The securities and cash deposited by a trust company bank may
3be released by the
state treasurer secretary of administration or the
state treasurer's 4secretary's agent and returned to the bank, if the division certifies to the
state
5treasurer secretary of administration that the bank no longer exercises trust powers
6and that the division is satisfied that there are no outstanding trust liabilities.
SB44-SSA1,869,138
223.02
(1) (e) The
state treasurer
secretary of administration may designate
9a banking corporation, having an authorized capital of $1,000,000 or more, to act as
10an agent to hold the cash or securities in safekeeping. The agent shall furnish to the
11state treasurer secretary of administration a safekeeping receipt for all cash and
12securities received by it. The agent shall pay the cash and securities to the
state
13treasurer secretary of administration on demand without conditions.