SB44, s. 2311
12Section
2311. 196.218 (3) (a) 3. b. of the statutes is amended to read:
SB44,910,1413
196.218
(3) (a) 3. b. The amounts appropriated under ss. 20.255 (3) (q)
, 20.275
14(1) and (4) (s), (t)
, and (tm) and 20.285 (1) (q).
SB44, s. 2312
15Section
2312. 196.218 (4t) of the statutes is amended to read:
SB44,910,2116
196.218
(4t) Educational telecommunications access program rules. The
17commission, in consultation with the department of administration and the
18technology for educational achievement in Wisconsin board department of public
19instruction, shall promulgate rules specifying the telecommunications services
20eligible for funding through the educational telecommunications access program
21under s.
44.73 115.9995.
SB44, s. 2313
22Section
2313. 196.218 (5) (a) 5. of the statutes is amended to read:
SB44,911,223
196.218
(5) (a) 5. To pay costs incurred under contracts under s. 16.974 to the
24extent that these costs are not paid under s.
44.73
115.9995 (2) (d), except that no
25moneys in the universal service fund may be used to pay installation costs that are
1necessary for a political subdivision to obtain access to bandwidth under a shared
2service agreement under s.
44.73 115.9995 (2r) (a).
SB44, s. 2314
3Section
2314
. 196.218 (5) (a) 5. of the statutes, as affected by 2003 Wisconsin
4Act .... (this act), is amended to read:
SB44,911,95
196.218
(5) (a) 5. To pay costs incurred under contracts under s.
16.974 16.971
6(13) to (16) to the extent that these costs are not paid under s. 115.9995 (2) (d), except
7that no moneys in the universal service fund may be used to pay installation costs
8that are necessary for a political subdivision to obtain access to bandwidth under a
9shared service agreement under s. 115.9995 (2r) (a).
SB44, s. 2315
10Section
2315. 196.218 (5) (a) 6. of the statutes is amended to read:
SB44,911,1411
196.218
(5) (a) 6. To pay the department of
electronic government 12administration for telecommunications services provided under s.
22.05 16.972 (1)
13to the campuses of the University of Wisconsin System at River Falls, Stout, Superior
14and Whitewater.
SB44, s. 2316
15Section
2316. 196.218 (5) (a) 7. of the statutes is amended to read:
SB44,911,1916
196.218
(5) (a) 7. To make grants awarded by the
technology for educational
17achievement in Wisconsin board department of public instruction to school districts
18and private schools under s.
44.73 115.9995 (6). This subdivision does not apply after
19June 30, 2002 December 31, 2005.
SB44, s. 2317
20Section
2317. 196.218 (5) (a) 10. of the statutes is repealed.
SB44, s. 2318
21Section
2318. 196.491 (2) (e) of the statutes is amended to read:
SB44,911,2522
196.491
(2) (e) Any state agency, as defined in s.
16.375 560.9810 (1), county,
23municipality, town or person may submit written comments to the commission on a
24strategic energy assessment within 90 days after copies of the draft are issued under
25par. (b).
SB44, s. 2319
1Section
2319. 196.675 (1) of the statutes is renumbered 196.675 (1r).
SB44, s. 2320
2Section
2320. 196.675 (1g) of the statutes is created to read:
SB44,912,43
196.675
(1g) In this section, "assistant district attorney" includes an
4assignable prosecutor, as defined in s. 978.001 (1c).
SB44, s. 2321
5Section
2321. 196.85 (3) of the statutes is amended to read:
SB44,912,216
196.85
(3) If any public utility, sewerage system, joint local water authority, or
7power district is billed under sub. (1), (2), or (2e) and fails to pay the bill within 30
8days or fails to file objections to the bill with the commission, as provided in this
9subsection, the commission shall transmit to the
state treasurer secretary of
10administration a certified copy of the bill, together with notice of failure to pay the
11bill, and on the same day the commission shall mail by registered mail to the public
12utility, sewerage system, joint local water authority, or power district a copy of the
13notice that it has transmitted to the state treasurer. Within 10 days after receipt of
14the notice and certified copy of the bill, the
state treasurer secretary of
15administration shall levy the amount stated on the bill to be due, with interest, by
16distress and sale of any property, including stocks, securities, bank accounts,
17evidences of debt, and accounts receivable belonging to the delinquent public utility,
18sewerage system, joint local water authority, or power district. The levy by distress
19and sale shall be governed by s. 74.10, 1985 stats., except that it shall be made by the
20state treasurer secretary of administration and that goods and chattels anywhere
21within the state may be levied upon.
SB44, s. 2322
22Section
2322. 196.85 (4) (d) of the statutes is amended to read:
SB44,913,923
196.85
(4) (d) If any bill against which objections have been filed is not paid
24within 10 days after notice of a finding that the objections have been overruled and
25disallowed by the commission has been mailed to the objector as provided in this
1subsection, the commission shall give notice of the delinquency to the
state treasurer 2secretary of administration and to the objector, in the manner provided in sub. (3).
3The
state treasurer secretary of administration shall then proceed to collect the
4amount of the delinquent bill as provided in sub. (3). If an amended bill is not paid
5within 10 days after a copy of the amended bill is mailed to the objector by registered
6mail, the commission shall notify the
state treasurer
secretary of administration and
7the objector as in the case of delinquency in the payment of an original bill. The
state
8treasurer secretary of administration shall then proceed to collect the amount of the
9amended bill as provided in the case of an original bill.
SB44, s. 2323
10Section
2323. 196.85 (5) of the statutes is amended to read:
SB44,913,2111
196.85
(5) No suit or proceeding may be maintained in any court to restrain or
12delay the collection or payment of any bill rendered under sub. (1), (2), or (2e). Every
13public utility, sewerage system, joint local water authority, or power district that is
14billed shall pay the amount of the bill, and after payment may in the manner
15provided under this section, at any time within 2 years from the date the payment
16was made, sue the state to recover the amount paid plus interest from the date of
17payment, upon the ground that the assessment was excessive, erroneous, unlawful,
18or invalid in whole or in part. If the court finds that any part of the bill for which
19payment was made was excessive, erroneous, unlawful, or invalid, the
state
20treasurer secretary of administration shall make a refund to the claimant as directed
21by the court. The refund shall be charged to the appropriations to the commission.
SB44, s. 2324
22Section
2324. 196.858 (1) and (2) of the statutes are amended to read:
SB44,913,2523
196.858
(1) The commission shall annually assess against local exchange and
24interexchange telecommunications utilities the total, not to exceed $5,000,000, of the
25amounts appropriated under s.
20.530 20.505 (1) (ir).
SB44,914,10
1(2) The commission shall assess a sum equal to the annual total amount under
2sub. (1) to local exchange and interexchange telecommunications utilities in
3proportion to their gross operating revenues during the last calendar year. If total
4expenditures for telephone relay service exceeded the payment made under this
5section in the prior year, the commission shall charge the remainder to assessed
6telecommunications utilities in proportion to their gross operating revenues during
7the last calendar year. A telecommunications utility shall pay the assessment within
830 days after the bill has been mailed to the assessed telecommunication utility. The
9bill constitutes notice of the assessment and demand of payment. Payments shall
10be credited to the appropriation account under s.
20.530 20.505 (1) (ir).
SB44, s. 2325
11Section
2325. 197.10 (4) of the statutes is amended to read:
SB44,915,512
197.10
(4) Insofar as the use, operation, service, management, control, sale,
13lease, purchase, extension, improvement, rates, value or earnings of the properties
14of the public utility or provisions looking toward the ultimate acquisition of the same
15are made subject to the terms of any contract provided for in sub. (1), and so long as
16said contract remains in force, the following sections of the statutes shall be
17inapplicable to the same: ss.
195.05, 195.10, 196.02 (1) and (2), 196.05, 196.09,
18196.10, 196.11, 196.15, 196.16, 196.19 (6), 196.20, 196.21, 196.22, 196.26, 196.28,
19196.30, 196.37, 196.39, 196.40, 196.58, 196.70, 197.01 (2) to (4), 197.02, 197.03,
20197.04, 197.05, 197.06, 197.08 and 197.09; provided that nothing in any contract
21made hereunder shall operate to prevent an appeal to the public service commission
22by any person, other than a party to said contract, upon any complaint alleging that
23any rate, fare, charge or classification, or any joint rate, or any regulation, act or
24practice relating to the production, transmission, delivery or furnishing of gas, heat,
25light or power, or any service in connection therewith, is unjustly discriminatory, or
1that any such service is inadequate or cannot be obtained. Upon said appeal the
2commission shall, as provided by law, determine and by order fix a rate, fare, charge,
3classification, joint rate or regulation, act or practice or service to be imposed,
4observed or followed in the future in lieu of that found to be unjustly discriminatory
5or inadequate.
SB44, s. 2326
6Section
2326. 201.01 (1) of the statutes is amended to read:
SB44,915,97
201.01
(1) "Commission" means the
office of the commissioner of railroads in
8the case of railroads and the public service commission
in the case of other public
9service corporations.
SB44, s. 2327
10Section
2327. 201.01 (2) of the statutes is amended to read:
SB44,916,311
201.01
(2) "Public service corporation" means and embraces every corporation,
12except municipalities and other political subdivisions, which is a public utility as
13defined in s. 196.01,
and every corporation which is a railroad as defined in s. 195.02, 14but shall not include a public utility corporation receiving an annual gross revenue
15of less than $1,000 for the calendar year next preceding the issuance of any securities
16by it. "Public service corporation" includes a holding company, as defined under s.
17196.795 (1) (h), which is a public utility, as defined under s. 196.01 (5). "Public service
18corporation" does not include a telecommunications utility, as defined in s. 196.01
19(10). "Public service corporation" does not include any other holding company unless
20the holding company was formed after November 28, 1985, and unless the
21commission has determined, under s. 196.795 (7) (a), that each nonutility affiliate,
22as defined under s. 196.795 (1) (j), does not and cannot reasonably be expected to do
23at least one of the items specified in s. 196.795 (7) (a). "Public service corporation"
24does not include a company, as defined in s. 196.795 (1) (f), which owns, operates,
25manages or controls a telecommunications utility, as defined in s. 196.01 (10), unless
1such company also owns, operates, manages or controls a public utility which is not
2a telecommunications utility. "Public service corporation" does not include a
3transmission company, as defined in s. 196.485 (1) (ge).
SB44, s. 2328
4Section
2328. 201.10 (3) of the statutes is amended to read:
SB44,916,175
201.10
(3) Whenever the commission deems it necessary to make an
6investigation of the books, accounts and practices or to make an appraisal of the
7property of any public service corporation which has filed an application for
8authority to issue any securities to which this chapter is applicable, such public
9service corporation shall pay all expenses reasonably attributable to such special
10investigation, or to such an appraisal of the property. For the purpose of calculating
11investigative and appraisal expenses of the commission, 90% of the costs determined
12shall be costs of the commission and 10% of the costs determined shall be costs of
13state government operations. The procedure set up by s.
195.60 or 196.85
, whichever
14is appropriate, for the rendering and collection of bills shall be in all ways applicable
15to the rendering and collection of bills under this section. Ninety percent of the
16amounts paid to the
public service commission under authority of this subsection
17shall be credited to the appropriation account under s. 20.155 (1) (g).
SB44, s. 2329
18Section
2329. 201.13 of the statutes is amended to read:
SB44,916,22
19201.13 Stock. Subject to the regulatory jurisdiction of the commission under
20this chapter and to all other applicable provisions of law relating to
railroad or other 21special types of corporations, all classes and series of stock of a public service
22corporation shall be governed by the provisions of ch. 180.
SB44, s. 2330
23Section
2330. 214.01 (1) (im) of the statutes is amended to read:
SB44,916,2424
214.01
(1) (im) "Division" means the division of
savings institutions banking.
SB44, s. 2331
25Section
2331. 214.01 (1) (sr) of the statutes is amended to read:
SB44,917,2
1214.01
(1) (sr) "Review board" means the savings
bank institutions review
2board.
SB44, s. 2332
3Section
2332. 214.592 of the statutes is amended to read:
SB44,917,8
4214.592 Financially related services tie-ins. In any transaction conducted
5by a savings bank, a savings bank holding company
, or a subsidiary of either with
6a customer who is also a customer of any other subsidiary of any of them, the
7customer shall be given a notice in 12-point boldface type in substantially the
8following form:
SB44,917,99
NOTICE OF RELATIONSHIP
SB44,917,1410
This company, .... (insert name and address of savings bank, savings bank
11holding company
, or subsidiary), is related to .... (insert name and address of savings
12bank, savings bank holding company
, or subsidiary) of which you are also a customer.
13You may not be compelled to buy any product or service from either of the above
14companies or any other related company in order to participate in this transaction.
SB44,917,1915
If you feel that you have been compelled to buy any product or service from
16either of the above companies or any other related company in order to participate
17in this transaction, you should contact the management of either of the above
18companies at either of the above addresses or the division of
savings institutions 19banking at .... (insert address).
SB44, s. 2333
20Section
2333. 214.72 (1) (b) of the statutes is amended to read:
SB44,917,2521
214.72
(1) (b) "Financial regulator" means the department secretary and
22deputy secretary, and an administrator, a supervisor of data processing,
legal counsel 23and a financial institution examiner employed by the department
and the
24department's legal counsel and includes any member of a financial regulator's
25immediate family, as defined in s. 19.42 (7).
SB44, s. 2334
1Section
2334. 215.01 (6) of the statutes is amended to read:
SB44,918,22
215.01
(6) "Division" means the division of
savings institutions banking.
SB44, s. 2335
3Section
2335. 215.01 (22) of the statutes is amended to read:
SB44,918,54
215.01
(22) "Review board" means the savings
and loan institutions review
5board.
SB44, s. 2336
6Section
2336. 215.02 (title) of the statutes is repealed and recreated to read:
SB44,918,7
7215.02 (title)
Powers of the division.
SB44, s. 2337
8Section
2337. 215.02 (10) (a) 3. of the statutes is amended to read:
SB44,918,199
215.02
(10) (a) 3. An order of removal takes effect on the date issued. A copy
10of the order shall be served upon the association and upon the officer, director
, or
11employee in the manner provided by law for service of a summons in a court of record
12or by mailing a copy to the association and officer, director
, or employee at their
13last-known
, post-office addresses. Any removal under this subsection has the same
14effect as if made by the board of directors or the members or stockholders of the
15association. An officer, director
, or employee removed from office or employment
16under this subsection may not be elected as an officer or director of, or be employed
17by, an association without the approval of the division and the review board. An
18order of removal under this subsection is a final
order or determination of the review
19board under s. 215.04
(6) (5).
SB44, s. 2338
20Section
2338. 215.04 of the statutes is repealed and recreated to read:
SB44,918,22
21215.04 Review board. (1) Duties. The review board shall do all of the
22following:
SB44,918,2323
(a) Advise the division on matters related to this chapter.
SB44,918,2424
(b) Review the acts, orders, and determinations of the division.
SB44,919,2
1(c) Act on any matters pertaining to this chapter that are submitted to it by the
2division.
SB44,919,33
(d) Perform other review functions relating to this chapter.
SB44,919,64
(e) Conduct hearings and take testimony, and subpoena and swear witnesses
5at such hearings. The review board shall have the subpoena powers under s. 885.01
6(4).
SB44,919,8
7(2) Appearances. An interested party may appear at a proceeding of the review
8board and may participate in the examination of witnesses and present evidence.
SB44,919,14
9(3) Witness fees. A person who causes a witness to be subpoenaed shall
10advance the fees and mileage expense of the witness. Witness fees shall be the same
11as fees under s. 814.67 (1) (b) and (c). The fees of witnesses who are called by the
12review board in the interests of the state shall be paid by the state upon presentation
13of proper vouchers approved by the chairperson of the review board and charged to
14the appropriation under s. 20.144 (1) (g).
SB44,920,2
15(4) Review of acts, orders, or determinations. Any interested person or a
16savings association aggrieved by any act, order, or determination of the division,
17which relates to savings and loan associations, may, within 20 days after receipt or
18service of a copy of the act, order, or determination, file a written notice requesting
19the review board's review of the division's act, order, or determination. The review
20of the division's decision shall be solely to determine if the division acted within the
21scope of the division's authority and did not act in an arbitrary or capricious manner
22and to determine if the act, order, or determination of the division is supported by
23substantial evidence in view of the entire record as submitted. The review of
24applications for new charters, branch offices, or relocation of offices shall be based
25exclusively on the record and new evidence may not be taken by the review board.
1Requests for review under this subsection shall be considered and disposed of as
2speedily as possible.
SB44,920,6
3(5) Review. A determination of the review board is subject to review under ch.
4227. If an act, order, or determination of the division is reversed or modified by the
5review board, the division shall be considered to be a person aggrieved and directly
6affected by the decision under s. 227.53 (1).
SB44,920,9
7(6) Board member not to act. A member of the review board may not act on
8any matter involving a savings and loan association or savings and loan holding
9company of which the member is an officer, director, employee, or agent.
SB44, s. 2339
10Section
2339. 215.141 of the statutes is amended to read:
SB44,920,15
11215.141 Financially related services tie-ins. In any transaction conducted
12by an association, a savings and loan holding company
, or a subsidiary of either with
13a customer who is also a customer of any other subsidiary of any of them, the
14customer shall be given a notice in 12-point boldface type in substantially the
15following form:
SB44,920,1616
NOTICE OF RELATIONSHIP
SB44,920,2217
This company, ..... (insert name and address of association, savings and loan
18holding company
, or subsidiary), is related to ..... (insert name and address of
19association, savings and loan holding company
, or subsidiary) of which you are also
20a customer. You may not be compelled to buy any product or service from either of
21the above companies or any other related company in order to participate in this
22transaction.
SB44,921,223
If you feel that you have been compelled to buy any product or service from
24either of the above companies or any other related company in order to participate
25in this transaction, you should contact the management of either of the above
1companies at either of the above addresses or the division of
savings institutions 2banking at .... (insert address).
SB44, s. 2340
3Section
2340. 215.32 (3) of the statutes is amended to read:
SB44,921,84
215.32
(3) Employment of counsel; retention of officers and employees of
5association. The division On behalf of the division, the department of
6administration may employ necessary counsel and
the division may employ experts
7in a liquidation under this section and may retain any officer or employee of the
8association.
SB44, s. 2341
9Section
2341. 215.33 (3) (b) 2. of the statutes is amended to read:
SB44,921,1410
215.33
(3) (b) 2. The accounts of the association are insured by the deposit
11insurance corporation or any other insurer acceptable to the division, or that
12adequate and sufficient securities have been deposited with the
state treasurer 13secretary of administration to assure that the association will meet its obligations
14to the residents of this state.
SB44, s. 2342
15Section
2342. 215.40 (18) of the statutes is amended to read:
SB44,921,1916
215.40
(18) Appeal by applicants after being denied certificate of authority. 17If the division refuses to grant a certificate of authority to organize an association,
18and the applicants feel aggrieved thereby, they may appeal to the review board to
19review the division's determination under s. 215.04 (1)
(d) (b) and (4).
SB44, s. 2343
20Section
2343. 220.02 (2) (e) and (f) of the statutes are created to read:
SB44,921,2121
220.02
(2) (e) Savings banks under ch. 214.
SB44,921,2222
(f) Savings and loan associations under ch. 215.
SB44, s. 2344
23Section
2344. 220.02 (3) of the statutes is amended to read:
SB44,922,624
220.02
(3) It is the intent of sub. (2) to give the division jurisdiction to enforce
25and carry out all laws relating to banks or banking in this state, including those
1relating to state banks,
savings banks, savings and loan associations, and trust
2company banks, and also all laws relating to small loan companies or other loan
3companies or agencies, finance companies, motor vehicle dealers, adjustment service
4companies, community currency exchanges
, and collection agencies and those
5relating to sellers of checks under ch. 217, whether doing business as corporations,
6individuals
, or otherwise, but to exclude laws relating to credit unions.
SB44, s. 2345
7Section
2345. 220.08 (4) of the statutes is amended to read:
SB44,922,248
220.08
(4) The division may appoint one or more special deputies, as agent or
9agents, to assist the division in the duty of reorganization, consolidation, liquidation
10and distribution, the certificate of appointment to be filed with the division and a
11certified copy in the office of the clerk of the circuit court for the county in which such
12bank or banking corporation is located. Such special deputies may execute,
13acknowledge and deliver any and all deeds, assignments, releases or other
14instruments necessary and proper to effect any sale and transfer or encumbrance of
15real estate or personal property after the same has been approved by the division,
16and an order obtained from the circuit court of the county in which the bank
17concerned is located. The division may from time to time authorize a special deputy
18to perform such duties connected with such reorganization, consolidation,
19liquidation and distribution as the division deems proper.
The division On behalf of
20the division, the department of administration may employ such counsel and
the
21division may procure such expert assistance and advice as may be necessary in the
22reorganization, consolidation, liquidation and distribution of the assets of such
23banks or banking corporations. The division may retain such of the officers or
24employees of such banks or banking corporations as necessary.
SB44, s. 2346
25Section
2346. 221.0303 (2) of the statutes is amended to read:
SB44,923,17
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.