2005 Wisconsin Act 441

(b) Prescribe a notice of the fixed date that shall be given to creditors and claimants.

(3) Claims barred; extension of time for filing. The court may prohibit any person who fails to file a claim before the date established under sub. (2) (a) from claiming an interest in or receiving payment out of the property and assets of the cooperative. At any time before the date established under sub. (2) (a), the court may extend the time for filing claims beyond the date established under sub. (2) (a).

193.955 Discontinuance of court-supervised dissolution proceedings. A dissolution conducted under the supervision of a court under s. 193.925 or any action under s. 193.931 (1) may be discontinued at any time during the dissolution proceedings if it is established that cause for dissolution does not exist. The court shall dismiss the proceedings and direct the receiver appointed under s. 193.935 (1) or (2), if any, to deliver to the cooperative its remaining property and assets.

193.961 Order of dissolution. (1) Issuance; effective date. After distribution of a cooperative's assets and proceeds under s. 193.935 (3), the court shall issue an order dissolving the cooperative. The dissolution is effective upon issuance of the order.

(2) Filing. After the court issues an order under sub. (1), the court shall file a certified copy of the order with the department. The department may not charge a fee for filing the order.

193.971 Barring of claims. (1) Claims barred. Except as provided in s. 193.951 (3), a creditor or claimant who does not file a claim or bring an action during the pendency of the dissolution proceedings or has not brought an action before the commencement of the dissolution proceedings, and all those claiming through or under the creditor or claimant, are forever barred from bringing an action to collect on that claim or otherwise enforcing it, except as provided in this section.

(2) Certain claims allowed for good cause. Except as provided in s. 193.951 (3), within one year after the date on which the articles of dissolution are filed under s. 193.905 (5) or an order of dissolution is issued under s. 193.961, a creditor or claimant who shows good cause for not having previously filed the claim may apply to the circuit court to allow a claim against the cooperative's undistributed assets or, if the undistributed assets are not sufficient to satisfy the claim, against a person to the extent of the distributions received by that person in the dissolution by virtue of that person's status as a member.

(3) Certain omitted claims allowed. A person to whom is owed a debt, obligation, or liability incurred during an action under s. 193.931 (1), but who is not paid before the distribution of assets and proceeds under s. 193.935 (3) (f), may bring an action to recover on the claim against the officers, directors, or members of the cooperative before the expiration of the applicable statute of limitations.

441,79 Section 79. 196.01 (10) of the statutes is amended to read:

196.01 (10) "Telecommunications utility" means any person, corporation, company, cooperative, unincorporated cooperative association, partnership, association and lessees, trustees or receivers appointed by any court that owns, operates, manages or controls any plant or equipment used to furnish telecommunications services within the state directly or indirectly to the public. "Telecommunications utility" does not include a telecommunications carrier.

441,80 Section 80. 196.02 (2) of the statutes is amended to read:

196.02 (2) Definition; classification. In this subsection, "public utility" does not include a telecommunications cooperative, an unincorporated telecommunications cooperative association, or a small telecommunications utility except as provided under s. 196.205 or 196.215 (2) and does not include an alternative telecommunications utility. The commission shall provide for a comprehensive classification of service for each public utility. The classification may take into account the quantity used, the time when used, the purpose for which used, and any other reasonable consideration. Each public utility shall conform its schedules of rates, tolls and charges to such classification.

441,81 Section 81. 196.09 (1) of the statutes is amended to read:

196.09 (1) In this section, "public utility" does not include a telecommunications cooperative or an unincorporated telecommunications cooperative association except as provided under s. 196.205. In subs. (2) to (7), "public utility" does not include a telecommunications utility. Subsection (9) only applies to a telecommunications utility. Every public utility shall file with the commission, within such time as may be required by the commission, its estimate of the annual rate of depreciation required for each of its classes of fixed capital used for public utility purposes, and of the composite annual rate of depreciation required for such fixed capital as an aggregate, which shall constitute the public utility's estimates of the amount which should be returned to it out of its rates for service, to meet the depreciation of its property.

441,82 Section 82. 196.11 (2) of the statutes is amended to read:

196.11 (2) Any arrangement under this section shall be under the supervision and regulation of the commission. The commission may order any rate, charge or regulation which the commission deems necessary to give effect to the arrangement. The commission may make any change in a rate, charge or regulation as the commission determines is necessary and reasonable and may revoke its approval and amend or rescind all orders relative to any arrangement. This subsection does not apply to telecommunications cooperatives, unincorporated telecommunications cooperative associations, or telecommunications utilities.

441,83 Section 83. 196.20 (3) of the statutes is amended to read:

196.20 (3) Except as provided in subs. (1m) and (5) (a), this section does not apply to telecommunications cooperatives, unincorporated telecommunications cooperative associations, or small telecommunications utilities unless made subject to this section under s. 196.205 or 196.215 (2).

441,84 Section 84. 196.205 (1m) of the statutes is amended to read:

196.205 (1m) A telecommunications cooperative or an unincorporated telecommunications cooperative association may elect to be subject to ss. 196.28 and 196.37 as they apply to any rate, toll or charge and to ss. 196.02 (2), 196.09 (1), 196.11 (2), 196.20 and 196.26 in any of the following ways:

(a) By amendment of the articles of incorporation of the cooperative under s. 185.51 or the articles of organization of the association under s. 193.221.

(c) By a majority of the voting members of the board of directors of the cooperative or association.

441,85 Section 85. 196.205 (2) of the statutes is amended to read:

196.205 (2) Notwithstanding sub. (1m), a telecommunications cooperative or an unincorporated telecommunications cooperative association shall be subject to s. 196.26 if it is a party in a proceeding on a complaint specified in s. 196.26 (1) (b) or (c).

441,86 Section 86. 196.26 (4) (a) of the statutes is amended to read:

196.26 (4) (a) This section does not apply to any rate, toll, charge or schedule of any telecommunications cooperative or unincorporated telecommunications cooperative association, except as provided under s. 196.205 or unless at least 5% of the customers of the telecommunications cooperative or association file a complaint with the commission that the rate, toll, charge or schedule is in any respect unreasonable, insufficient or unjustly discriminatory.

441,87 Section 87. 196.28 (4) of the statutes is amended to read:

196.28 (4) This section does not apply to rates, tolls or charges of a telecommunications cooperative, an unincorporated telecommunications cooperative association, or a small telecommunications utility except as provided in s. 196.205 or 196.215 (2).

441,88 Section 88. 196.37 (4) of the statutes is amended to read:

196.37 (4) This section does not apply to rates, tolls or charges of a telecommunications cooperative, an unincorporated telecommunications cooperative association, or a small telecommunications utility except as provided in s. 196.205 or 196.215 (2).

441,89 Section 89. 196.50 (2) (b) of the statutes is amended to read:

196.50 (2) (b) A certificate, franchise, license or permit, indeterminate or otherwise, in effect on September 1, 1994, for a telecommunications utility shall remain in effect and shall have the effect of a certificate of authority. A telecommunications utility is not required to apply for a new certificate of authority to continue offering or providing service to the extent of the prior authorization. Each telecommunications utility, including telecommunications cooperatives and unincorporated telecommunications cooperative associations, shall have on file with the commission under s. 196.19 a tariff that sets forth the rates, terms and conditions for all services provided and a map that defines the geographical limits of the service territory that the telecommunications utility is obliged to serve.

441,90 Section 90. 196.605 (1) of the statutes is amended to read:

196.605 (1) A public utility which is a cooperative association incorporated under ch. 185 or 193 to furnish telecommunications service in rural areas on a nonprofit basis with a telecommunications utility financed in part through a loan from the United States under the rural electrification act of 1936, 7 USC 901 to 950aaa-5, as amended, may require each of its local service telecommunications patrons to deposit with the association the amount of the membership fee or other form of capital representing the proportional share of the total equity capital of the association required as a condition of federal financing. The membership fee or other form of equity capital attributable to each local service patron may be collected by the association in installments in connection with billings for service. The required deposits of equity capital shall be segregated in the billing from service charges and shall be credited when received on the membership or equity capital account of the patron.

441,91 Section 91. 196.807 (1) (a) of the statutes is amended to read:

196.807 (1) (a) "Affiliate or utility" means a nonutility affiliate, holding company system, public utility or cooperative association organized under ch. 185 or 193.

441,92 Section 92. 199.03 (12) of the statutes is amended to read:

199.03 (12) "Public utility" means any person, except a town, village, city or sanitary district, who owns, operates, manages or controls any plant or equipment or any part of a plant or equipment, within the state for the production, transmission, delivery or furnishing of heat, light, water, telecommunications service or power either directly or indirectly to or for the public. "Public utility" includes any person engaged in the transmission or delivery of natural gas for compensation within this state by means of pipes or mains. "Public utility" does not include a cooperative association organized under ch. 185 for the purpose of generating, distributing, or furnishing electric energy to its members only, or a cooperative organized under ch. 185 or 193 for the purpose of generating, distributing or furnishing telecommunications service or electric energy to its members only.

441,93 Section 93. 201.01 (3) (d) of the statutes is amended to read:

201.01 (3) (d) Any securities issued by a corporation organized under ch. 185 or 193 for the purpose of furnishing telecommunications service in rural areas.

441,94 Section 94. 223.105 (1) (b) of the statutes is amended to read:

223.105 (1) (b) "Organization" means any corporation, unincorporated cooperative association, limited liability company, association, partnership or business trust, other than a national bank, state or federal savings and loan association, state or federal savings bank or federal credit union or other than a corporation, limited liability company, association or partnership, all of whose shareholders or members are licensed under SCR 40.02.

441,95 Section 95. 231.35 (2) (b) of the statutes is amended to read:

231.35 (2) (b) A cooperative organized under ch. 185 or 193 that consists of one or more rural hospitals, each with no more than 100 beds.

441,96 Section 96. 234.59 (1) (d) 3. of the statutes is amended to read:

234.59 (1) (d) 3. A dwelling unit in a condominium or, a cooperative, or an unincorporated cooperative association, together with an interest in common areas, if the unit is or will be the principal residence of an applicant.

441,97 Section 97. 234.622 (7) of the statutes is amended to read:

234.622 (7) "Qualifying dwelling unit" means a dwelling unit, not including a mobile home as defined in s. 66.0435, located in this state, habitable as a permanent residence and to which property taxes or special assessments are, or may conveniently be, allocated and up to one acre of land appertaining to it held in the same ownership as the dwelling unit. For purposes of ss. 234.621 to 234.626, "qualifying dwelling unit" includes a unit in a condominium or in a cooperative or an unincorporated cooperative association or in a multi-unit dwelling with 4 or fewer units, but in all of these 3 cases only the portion of taxes or special assessments allocable to the unit lived in by the participant may qualify for loans under ss. 234.621 to 234.626.

441,98 Section 98. 421.301 (28) of the statutes is amended to read:

421.301 (28) "Organization" means a corporation, government or governmental subdivision or agency, trust, estate, limited liability company, partnership, cooperative or association other than a cooperative organized under ch. 185 or 193 which has gross annual revenues not exceeding $5 million.

441,99 Section 99. 445.01 (8) of the statutes is amended to read:

445.01 (8) "Person" includes firm, corporation, partnership, cooperative, unincorporated cooperative association, and association of individuals.

441,100 Section 100. 445.12 (3) (a) of the statutes is amended to read:

445.12 (3) (a) The solicitation of memberships or the sale of stock or memberships in any association organized under ch. 185 or 193 by any person who is not a licensed funeral director.

441,101 Section 101. 551.22 (12) of the statutes is amended to read:

551.22 (12) Any securities of a cooperative corporation organized under ch. 185 or 193.

441,102 Section 102. 560.16 (1) (c) (intro.) of the statutes is amended to read:

560.16 (1) (c) (intro.) "Employee-owned business" means a business located in this state which is organized in a manner determined by the secretary to involve substantial employee participation or a cooperative organized under ch. 185 or 193 or a corporation in which the employees own the stock of the corporation through an employee stock ownership plan as defined under 26 USC 4975 (e) (7) and in which:

441,103 Section 103. 560.17 (1) (b) of the statutes is amended to read:

560.17 (1) (b) "Business" includes cooperatives organized under ch. 185 or 193.

441,104 Section 104. 560.9801 (1) (b) of the statutes is amended to read:

560.9801 (1) (b) A nonprofit cooperative organized under ch. 185 or 193.

441,105 Section 105. 560.9801 (3) (a) 7. of the statutes is amended to read:

560.9801 (3) (a) 7. If the housing is owned and occupied by members of a cooperative or an unincorporated cooperative association, fees paid to a person for managing the housing.

441,106 Section 106. 560.9804 (2) (e) of the statutes is amended to read:

560.9804 (2) (e) A cooperative organized under ch. 185 or 193, if the articles of incorporation, articles of organization, or bylaws of the cooperative limit the rate of dividend that may be paid on all classes of stock.

441,107 Section 107. 600.03 (37m) of the statutes, as affected by 2005 Wisconsin Act .... (Senate Bill 617), is amended to read:

600.03 (37m) "Preferred provider plan" means a health care plan, as defined in s. 628.36 (2) (a) 1., that is offered by an organization established under ch. 185 or 193, 611, 613, or 614 or issued a certificate of authority under ch. 618 and that makes available to its enrollees, without referral and for consideration other than predetermined periodic fixed payments, coverage of either comprehensive health care services or a limited range of health care services, regardless of whether the health care services are performed by participating, as defined in s. 609.01 (3m), or nonparticipating providers, as defined in s. 609.01 (5m).

441,108 Section 108. 609.01 (2) of the statutes is amended to read:

609.01 (2) "Health maintenance organization" means a health care plan offered by an organization established under ch. 185 or 193, 611, 613 or 614 or issued a certificate of authority under ch. 618 that makes available to its enrollees, in consideration for predetermined periodic fixed payments, comprehensive health care services performed by providers participating in the plan.

441,109 Section 109. 616.09 (1) (c) 1. of the statutes is amended to read:

616.09 (1) (c) 1. Plans authorized under s. 616.06 are subject to ch. 185 or 193, as applicable, except that ss. 185.03 (5) and (6), 185.05 (1) (c), 185.55, 185.61, 185.62, 185.63, 185.64, 185.71 to 185.76 and, 185.81, 193.151, 193.215 (2) (a) 2., 193.225, 193.301 (9), 193.801, 193.805, 193.905 to 193.971, and those provisions applicable to cooperatives or unincorporated cooperative associations with stock do not apply.

441,110 Section 110. 706.05 (2m) (b) 2. of the statutes, as affected by 2005 Wisconsin Act 179, is amended to read:

706.05 (2m) (b) 2. Descriptions of property that is subject to liens granted on property thereafter acquired by a rural electric cooperative organized under ch. 185, , or by a telephone cooperative, organized under ch. 185 or 193, by a pipeline company under s. 76.02 (5), by a public utility under s. 196.01 (5) or, by a railroad under s. 195.02 (1), or by a water carrier under s. 195.02 (5).

441,111 Section 111. 815.18 (2) (c) of the statutes is amended to read:

815.18 (2) (c) "Debtor" means an individual. "Debtor" does not include an association, a corporation, a partnership, a cooperative, an unincorporated cooperative association, or a political body.

441,112 Section 112. 893.28 (2) of the statutes is amended to read:

893.28 (2) Continuous use of rights in real estate of another for at least 10 years by a domestic corporation organized to furnish telegraph or telecommunications service or transmit heat, power or electric current to the public or for public purposes, or by a cooperative association organized under ch. 185 or 193 to furnish telegraph or telecommunications service, or by a cooperative organized under ch. 185 to transmit heat, power or electric current to its members, establishes the prescriptive right to continue the use, except as provided by s. 893.29. A person who has established a prescriptive right under this subsection may commence an action to establish prescriptive rights under ch. 843.

441,113 Section 113. 946.69 (1) (c) of the statutes is amended to read:

946.69 (1) (c) A cooperative association organized under ch. 185 or 193 to furnish or provide telecommunications service, or a cooperative organized under ch. 185 to furnish or provide gas, electricity, power or water.

441,114 Section 114. 990.01 (14) of the statutes is amended to read:

990.01 (14) Homestead exemption. "Exempt homestead" means the dwelling, including a building, condominium, mobile home, house trailer or cooperative or an unincorporated cooperative association, and so much of the land surrounding it as is reasonably necessary for its use as a home, but not less than 0.25 acre, if available, and not exceeding 40 acres, within the limitation as to value under s. 815.20, except as to liens attaching or rights of devisees or heirs of persons dying before the effective date of any increase of that limitation as to value.

441,115 Section 115. Effective date.

(1) This act takes effect on September 1, 2005, or on the day after publication, whichever is later.