SB44: Bill Text

SB44, s. 2317 Section 2317. 196.218 (5) (a) 10. of the statutes is repealed.

SB44, s. 2318 Section 2318. 196.491 (2) (e) of the statutes is amended to read:

SB44,911,25 196.491 (2) (e) Any state agency, as defined in s. 16.375 560.9810 (1), county, municipality, town or person may submit written comments to the commission on a strategic energy assessment within 90 days after copies of the draft are issued under par. (b).

SB44, s. 2319 Section 2319. 196.675 (1) of the statutes is renumbered 196.675 (1r).

SB44, s. 2320 Section 2320. 196.675 (1g) of the statutes is created to read:

SB44,912,4 196.675 (1g) In this section, "assistant district attorney" includes an assignable prosecutor, as defined in s. 978.001 (1c).

SB44, s. 2321 Section 2321. 196.85 (3) of the statutes is amended to read:

SB44,912,21 196.85 (3) If any public utility, sewerage system, joint local water authority, or power district is billed under sub. (1), (2), or (2e) and fails to pay the bill within 30 days or fails to file objections to the bill with the commission, as provided in this subsection, the commission shall transmit to the state treasurer secretary of administration a certified copy of the bill, together with notice of failure to pay the bill, and on the same day the commission shall mail by registered mail to the public utility, sewerage system, joint local water authority, or power district a copy of the notice that it has transmitted to the state treasurer. Within 10 days after receipt of the notice and certified copy of the bill, the state treasurer secretary of administration shall levy the amount stated on the bill to be due, with interest, by distress and sale of any property, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to the delinquent public utility, sewerage system, joint local water authority, or power district. The levy by distress and sale shall be governed by s. 74.10, 1985 stats., except that it shall be made by the state treasurer secretary of administration and that goods and chattels anywhere within the state may be levied upon.

SB44, s. 2322 Section 2322. 196.85 (4) (d) of the statutes is amended to read:

SB44,913,9 196.85 (4) (d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that the objections have been overruled and disallowed by the commission has been mailed to the objector as provided in this subsection, the commission shall give notice of the delinquency to the state treasurer secretary of administration and to the objector, in the manner provided in sub. (3). The state treasurer secretary of administration shall then proceed to collect the amount of the delinquent bill as provided in sub. (3). If an amended bill is not paid within 10 days after a copy of the amended bill is mailed to the objector by registered mail, the commission shall notify the state treasurer secretary of administration and the objector as in the case of delinquency in the payment of an original bill. The state treasurer secretary of administration shall then proceed to collect the amount of the amended bill as provided in the case of an original bill.

SB44, s. 2323 Section 2323. 196.85 (5) of the statutes is amended to read:

SB44,913,21 196.85 (5) No suit or proceeding may be maintained in any court to restrain or delay the collection or payment of any bill rendered under sub. (1), (2), or (2e). Every public utility, sewerage system, joint local water authority, or power district that is billed shall pay the amount of the bill, and after payment may in the manner provided under this section, at any time within 2 years from the date the payment was made, sue the state to recover the amount paid plus interest from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful, or invalid in whole or in part. If the court finds that any part of the bill for which payment was made was excessive, erroneous, unlawful, or invalid, the state treasurer secretary of administration shall make a refund to the claimant as directed by the court. The refund shall be charged to the appropriations to the commission.

SB44, s. 2324 Section 2324. 196.858 (1) and (2) of the statutes are amended to read:

SB44,913,25 196.858 (1) The commission shall annually assess against local exchange and interexchange telecommunications utilities the total, not to exceed $5,000,000, of the amounts appropriated under s. 20.530 20.505 (1) (ir).

SB44,914,10 (2) The commission shall assess a sum equal to the annual total amount under sub. (1) to local exchange and interexchange telecommunications utilities in proportion to their gross operating revenues during the last calendar year. If total expenditures for telephone relay service exceeded the payment made under this section in the prior year, the commission shall charge the remainder to assessed telecommunications utilities in proportion to their gross operating revenues during the last calendar year. A telecommunications utility shall pay the assessment within 30 days after the bill has been mailed to the assessed telecommunication utility. The bill constitutes notice of the assessment and demand of payment. Payments shall be credited to the appropriation account under s. 20.530 20.505 (1) (ir).

SB44, s. 2325 Section 2325. 197.10 (4) of the statutes is amended to read:

SB44,915,5 197.10 (4) Insofar as the use, operation, service, management, control, sale, lease, purchase, extension, improvement, rates, value or earnings of the properties of the public utility or provisions looking toward the ultimate acquisition of the same are made subject to the terms of any contract provided for in sub. (1), and so long as said contract remains in force, the following sections of the statutes shall be inapplicable to the same: ss. 195.05, 195.10, 196.02 (1) and (2), 196.05, 196.09, 196.10, 196.11, 196.15, 196.16, 196.19 (6), 196.20, 196.21, 196.22, 196.26, 196.28, 196.30, 196.37, 196.39, 196.40, 196.58, 196.70, 197.01 (2) to (4), 197.02, 197.03, 197.04, 197.05, 197.06, 197.08 and 197.09; provided that nothing in any contract made hereunder shall operate to prevent an appeal to the public service commission by any person, other than a party to said contract, upon any complaint alleging that any rate, fare, charge or classification, or any joint rate, or any regulation, act or practice relating to the production, transmission, delivery or furnishing of gas, heat, light or power, or any service in connection therewith, is unjustly discriminatory, or that any such service is inadequate or cannot be obtained. Upon said appeal the commission shall, as provided by law, determine and by order fix a rate, fare, charge, classification, joint rate or regulation, act or practice or service to be imposed, observed or followed in the future in lieu of that found to be unjustly discriminatory or inadequate.

SB44, s. 2326 Section 2326. 201.01 (1) of the statutes is amended to read:

SB44,915,9 201.01 (1) "Commission" means the office of the commissioner of railroads in the case of railroads and the public service commission in the case of other public service corporations.

SB44, s. 2327 Section 2327. 201.01 (2) of the statutes is amended to read:

SB44,916,3 201.01 (2) "Public service corporation" means and embraces every corporation, except municipalities and other political subdivisions, which is a public utility as defined in s. 196.01, and every corporation which is a railroad as defined in s. 195.02, but shall not include a public utility corporation receiving an annual gross revenue of less than $1,000 for the calendar year next preceding the issuance of any securities by it. "Public service corporation" includes a holding company, as defined under s. 196.795 (1) (h), which is a public utility, as defined under s. 196.01 (5). "Public service corporation" does not include a telecommunications utility, as defined in s. 196.01 (10). "Public service corporation" does not include any other holding company unless the holding company was formed after November 28, 1985, and unless the commission has determined, under s. 196.795 (7) (a), that each nonutility affiliate, as defined under s. 196.795 (1) (j), does not and cannot reasonably be expected to do at least one of the items specified in s. 196.795 (7) (a). "Public service corporation" does not include a company, as defined in s. 196.795 (1) (f), which owns, operates, manages or controls a telecommunications utility, as defined in s. 196.01 (10), unless such company also owns, operates, manages or controls a public utility which is not a telecommunications utility. "Public service corporation" does not include a transmission company, as defined in s. 196.485 (1) (ge).

SB44, s. 2328 Section 2328. 201.10 (3) of the statutes is amended to read:

SB44,916,17 201.10 (3) Whenever the commission deems it necessary to make an investigation of the books, accounts and practices or to make an appraisal of the property of any public service corporation which has filed an application for authority to issue any securities to which this chapter is applicable, such public service corporation shall pay all expenses reasonably attributable to such special investigation, or to such an appraisal of the property. For the purpose of calculating investigative and appraisal expenses of the commission, 90% of the costs determined shall be costs of the commission and 10% of the costs determined shall be costs of state government operations. The procedure set up by s. 195.60 or 196.85, whichever is appropriate, for the rendering and collection of bills shall be in all ways applicable to the rendering and collection of bills under this section. Ninety percent of the amounts paid to the public service commission under authority of this subsection shall be credited to the appropriation account under s. 20.155 (1) (g).

SB44, s. 2329 Section 2329. 201.13 of the statutes is amended to read:

SB44,916,22 201.13 Stock. Subject to the regulatory jurisdiction of the commission under this chapter and to all other applicable provisions of law relating to railroad or other special types of corporations, all classes and series of stock of a public service corporation shall be governed by the provisions of ch. 180.

SB44, s. 2330 Section 2330. 214.01 (1) (im) of the statutes is amended to read:

SB44,916,24 214.01 (1) (im) "Division" means the division of savings institutions banking.

SB44, s. 2331 Section 2331. 214.01 (1) (sr) of the statutes is amended to read:

SB44,917,2 214.01 (1) (sr) "Review board" means the savings bank institutions review board.

SB44, s. 2332 Section 2332. 214.592 of the statutes is amended to read:

SB44,917,8 214.592 Financially related services tie-ins. In any transaction conducted by a savings bank, a savings bank holding company, or a subsidiary of either with a customer who is also a customer of any other subsidiary of any of them, the customer shall be given a notice in 12-point boldface type in substantially the following form:

SB44,917,9 NOTICE OF RELATIONSHIP

SB44,917,14 This company, .... (insert name and address of savings bank, savings bank holding company, or subsidiary), is related to .... (insert name and address of savings bank, savings bank holding company, or subsidiary) of which you are also a customer. You may not be compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction.

SB44,917,19 If you feel that you have been compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction, you should contact the management of either of the above companies at either of the above addresses or the division of savings institutions banking at .... (insert address).

SB44, s. 2333 Section 2333. 214.72 (1) (b) of the statutes is amended to read:

SB44,917,25 214.72 (1) (b) "Financial regulator" means the department secretary and deputy secretary, and an administrator, a supervisor of data processing, legal counsel and a financial institution examiner employed by the department and the department's legal counsel and includes any member of a financial regulator's immediate family, as defined in s. 19.42 (7).

SB44, s. 2334 Section 2334. 215.01 (6) of the statutes is amended to read:

SB44,918,2 215.01 (6) "Division" means the division of savings institutions banking.

SB44, s. 2335 Section 2335. 215.01 (22) of the statutes is amended to read:

SB44,918,5 215.01 (22) "Review board" means the savings and loan institutions review board.

SB44, s. 2336 Section 2336. 215.02 (title) of the statutes is repealed and recreated to read:

SB44,918,7 215.02 (title) Powers of the division.

SB44, s. 2337 Section 2337. 215.02 (10) (a) 3. of the statutes is amended to read:

SB44,918,19 215.02 (10) (a) 3. An order of removal takes effect on the date issued. A copy of the order shall be served upon the association and upon the officer, director, or employee in the manner provided by law for service of a summons in a court of record or by mailing a copy to the association and officer, director, or employee at their last-known, post-office addresses. Any removal under this subsection has the same effect as if made by the board of directors or the members or stockholders of the association. An officer, director, or employee removed from office or employment under this subsection may not be elected as an officer or director of, or be employed by, an association without the approval of the division and the review board. An order of removal under this subsection is a final order or determination of the review board under s. 215.04 (6) (5).

SB44, s. 2338 Section 2338. 215.04 of the statutes is repealed and recreated to read:

SB44,918,22 215.04 Review board. (1) Duties. The review board shall do all of the following:

SB44,918,23 (a) Advise the division on matters related to this chapter.

SB44,918,24 (b) Review the acts, orders, and determinations of the division.

SB44,919,2 (c) Act on any matters pertaining to this chapter that are submitted to it by the division.

SB44,919,3 (d) Perform other review functions relating to this chapter.

SB44,919,6 (e) Conduct hearings and take testimony, and subpoena and swear witnesses at such hearings. The review board shall have the subpoena powers under s. 885.01 (4).

SB44,919,8 (2) Appearances. An interested party may appear at a proceeding of the review board and may participate in the examination of witnesses and present evidence.

SB44,919,14 (3) Witness fees. A person who causes a witness to be subpoenaed shall advance the fees and mileage expense of the witness. Witness fees shall be the same as fees under s. 814.67 (1) (b) and (c). The fees of witnesses who are called by the review board in the interests of the state shall be paid by the state upon presentation of proper vouchers approved by the chairperson of the review board and charged to the appropriation under s. 20.144 (1) (g).

SB44,920,2 (4) Review of acts, orders, or determinations. Any interested person or a savings association aggrieved by any act, order, or determination of the division, which relates to savings and loan associations, may, within 20 days after receipt or service of a copy of the act, order, or determination, file a written notice requesting the review board's review of the division's act, order, or determination. The review of the division's decision shall be solely to determine if the division acted within the scope of the division's authority and did not act in an arbitrary or capricious manner and to determine if the act, order, or determination of the division is supported by substantial evidence in view of the entire record as submitted. The review of applications for new charters, branch offices, or relocation of offices shall be based exclusively on the record and new evidence may not be taken by the review board. Requests for review under this subsection shall be considered and disposed of as speedily as possible.

SB44,920,6 (5) Review. A determination of the review board is subject to review under ch. 227. If an act, order, or determination of the division is reversed or modified by the review board, the division shall be considered to be a person aggrieved and directly affected by the decision under s. 227.53 (1).

SB44,920,9 (6) Board member not to act. A member of the review board may not act on any matter involving a savings and loan association or savings and loan holding company of which the member is an officer, director, employee, or agent.

SB44, s. 2339 Section 2339. 215.141 of the statutes is amended to read:

SB44,920,15 215.141 Financially related services tie-ins. In any transaction conducted by an association, a savings and loan holding company, or a subsidiary of either with a customer who is also a customer of any other subsidiary of any of them, the customer shall be given a notice in 12-point boldface type in substantially the following form:

SB44,920,16 NOTICE OF RELATIONSHIP

SB44,920,22 This company, ..... (insert name and address of association, savings and loan holding company, or subsidiary), is related to ..... (insert name and address of association, savings and loan holding company, or subsidiary) of which you are also a customer. You may not be compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction.

SB44,921,2 If you feel that you have been compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction, you should contact the management of either of the above companies at either of the above addresses or the division of savings institutions banking at .... (insert address).

SB44, s. 2340 Section 2340. 215.32 (3) of the statutes is amended to read:

SB44,921,8 215.32 (3) Employment of counsel; retention of officers and employees of association. The division On behalf of the division, the department of administration may employ necessary counsel and the division may employ experts in a liquidation under this section and may retain any officer or employee of the association.

SB44, s. 2341 Section 2341. 215.33 (3) (b) 2. of the statutes is amended to read:

SB44,921,14 215.33 (3) (b) 2. The accounts of the association are insured by the deposit insurance corporation or any other insurer acceptable to the division, or that adequate and sufficient securities have been deposited with the state treasurer secretary of administration to assure that the association will meet its obligations to the residents of this state.

SB44, s. 2342 Section 2342. 215.40 (18) of the statutes is amended to read:

SB44,921,19 215.40 (18) Appeal by applicants after being denied certificate of authority. If the division refuses to grant a certificate of authority to organize an association, and the applicants feel aggrieved thereby, they may appeal to the review board to review the division's determination under s. 215.04 (1) (d) (b) and (4).

SB44, s. 2343 Section 2343. 220.02 (2) (e) and (f) of the statutes are created to read:

SB44,921,21 220.02 (2) (e) Savings banks under ch. 214.

SB44,921,22 (f) Savings and loan associations under ch. 215.

SB44, s. 2344 Section 2344. 220.02 (3) of the statutes is amended to read:

SB44,922,6 220.02 (3) It is the intent of sub. (2) to give the division jurisdiction to enforce and carry out all laws relating to banks or banking in this state, including those relating to state banks, savings banks, savings and loan associations, and trust company banks, and also all laws relating to small loan companies or other loan companies or agencies, finance companies, motor vehicle dealers, adjustment service companies, community currency exchanges, and collection agencies and those relating to sellers of checks under ch. 217, whether doing business as corporations, individuals, or otherwise, but to exclude laws relating to credit unions.

SB44, s. 2345 Section 2345. 220.08 (4) of the statutes is amended to read:

SB44,922,24 220.08 (4) The division may appoint one or more special deputies, as agent or agents, to assist the division in the duty of reorganization, consolidation, liquidation and distribution, the certificate of appointment to be filed with the division and a certified copy in the office of the clerk of the circuit court for the county in which such bank or banking corporation is located. Such special deputies may execute, acknowledge and deliver any and all deeds, assignments, releases or other instruments necessary and proper to effect any sale and transfer or encumbrance of real estate or personal property after the same has been approved by the division, and an order obtained from the circuit court of the county in which the bank concerned is located. The division may from time to time authorize a special deputy to perform such duties connected with such reorganization, consolidation, liquidation and distribution as the division deems proper. The division On behalf of the division, the department of administration may employ such counsel and the division may procure such expert assistance and advice as may be necessary in the reorganization, consolidation, liquidation and distribution of the assets of such banks or banking corporations. The division may retain such of the officers or employees of such banks or banking corporations as necessary.

SB44, s. 2346 Section 2346. 221.0303 (2) of the statutes is amended to read:

SB44,923,17 221.0303 (2) Operation and acquisition of customer bank communications terminals. A bank may, directly or indirectly, acquire, place , and operate, or participate in the acquisition, placement, and operation of, at locations other than its main or branch offices, customer bank communications terminals, in accordance with rules established by the division. The rules of the division shall provide that any such customer bank communications terminal shall be available for use, on a nondiscriminatory basis, by any state or national bank and by all customers designated by a bank using the terminal. This subsection does not authorize a bank which has its principal place of business outside this state to conduct banking business in this state. The customer bank communications terminals also shall be available for use, on a nondiscriminatory basis, by any credit union, savings and loan association, or savings bank, if the credit union, savings and loan association, or savings bank requests to share its use, subject to rules jointly established by the division of banking, and the office of credit unions and the division of savings institutions. The division by order may authorize the installation and operation of a customer bank communications terminal in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.

SB44, s. 2347 Section 2347. 221.0320 (3) (a) of the statutes is amended to read:

SB44,923,20 221.0320 (3) (a) In this subsection, "local governmental unit" has the meaning given in s. 22.01 16.97 (7).

SB44, s. 2348 Section 2348. 221.0321 (5) of the statutes is amended to read:

SB44,924,5 221.0321 (5) Certain secured loans. A bank may make loans secured by assignment or transfer of stock certificates or other evidence of the borrower's ownership interest in a corporation formed for the cooperative ownership of real estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage involving a one-family residence, apply to a proceeding to enforce the lender's rights in security given for a loan under this subsection. The division shall promulgate joint rules with the office of credit unions and the division of savings institutions that establish procedures for enforcing a lender's rights in security given for a loan under this subsection.

SB44, s. 2349 Section 2349. 223.02 (1) (intro.) of the statutes is amended to read:

SB44,924,9 223.02 (1) Indemnity fund deposit. (intro.) Deposit at least $100,000 with the state treasurer secretary of administration or the state treasurer's secretary's agent in accordance with the following provisions:

SB44, s. 2350 Section 2350. 223.02 (1) (b) of the statutes is amended to read:

SB44,924,17 223.02 (1) (b) The state treasurer secretary of administration or the state treasurer's secretary's agent shall pay over to the bank trust company the interest, dividends, or other income on deposit or may authorize the bank trust company to collect the interest, dividends, or other income. The state treasurer secretary of administration shall issue a certificate stating that a deposit has been made with the state treasurer secretary of administration or the state treasurer's secretary's agent in the manner provided in this section.

SB44, s. 2351 Section 2351. 223.02 (1) (c) of the statutes is amended to read:

SB44,924,25 223.02 (1) (c) The state treasurer secretary of administration or the state treasurer's secretary's agent shall hold the deposit as security for the faithful execution of any trust which may be lawfully imposed upon and accepted by the trust company bank. The cash or securities shall remain in the possession of the state treasurer secretary of administration or the state treasurer's secretary's agent until otherwise ordered by a court of competent jurisdiction, unless released pursuant to par. (d).

SB44, s. 2352 Section 2352. 223.02 (1) (d) of the statutes is amended to read:

SB44,925,6 223.02 (1) (d) The securities and cash deposited by a trust company bank may be released by the state treasurer secretary of administration or the state treasurer's secretary's agent and returned to the bank, if the division certifies to the state treasurer secretary of administration that the bank no longer exercises trust powers and that the division is satisfied that there are no outstanding trust liabilities.

SB44, s. 2353 Section 2353. 223.02 (1) (e) of the statutes is amended to read: