AB1186, s. 80
15Section
80. 196.02 (2) of the statutes is amended to read:
AB1186,154,2416
196.02
(2) Definition; classification. In this subsection, "public utility" does
17not include a telecommunications cooperative
, an unincorporated
18telecommunications cooperative association, or a small telecommunications utility
19except as provided under s. 196.205 or 196.215 (2) and does not include an alternative
20telecommunications utility. The commission shall provide for a comprehensive
21classification of service for each public utility. The classification may take into
22account the quantity used, the time when used, the purpose for which used, and any
23other reasonable consideration. Each public utility shall conform its schedules of
24rates, tolls and charges to such classification.
AB1186, s. 81
25Section
81. 196.09 (1) of the statutes is amended to read:
AB1186,155,11
1196.09
(1) In this section, "public utility" does not include a
2telecommunications cooperative
or an unincorporated telecommunications
3cooperative association except as provided under s. 196.205. In subs. (2) to (7),
4"public utility" does not include a telecommunications utility. Subsection (9) only
5applies to a telecommunications utility. Every public utility shall file with the
6commission, within such time as may be required by the commission, its estimate of
7the annual rate of depreciation required for each of its classes of fixed capital used
8for public utility purposes, and of the composite annual rate of depreciation required
9for such fixed capital as an aggregate, which shall constitute the public utility's
10estimates of the amount which should be returned to it out of its rates for service, to
11meet the depreciation of its property.
AB1186, s. 82
12Section
82. 196.11 (2) of the statutes is amended to read:
AB1186,155,2013
196.11
(2) Any arrangement under this section shall be under the supervision
14and regulation of the commission. The commission may order any rate, charge or
15regulation which the commission deems necessary to give effect to the arrangement.
16The commission may make any change in a rate, charge or regulation as the
17commission determines is necessary and reasonable and may revoke its approval
18and amend or rescind all orders relative to any arrangement. This subsection does
19not apply to telecommunications cooperatives
, unincorporated telecommunications
20cooperative associations, or telecommunications utilities.
AB1186, s. 83
21Section
83. 196.20 (3) of the statutes is amended to read:
AB1186,155,2522
196.20
(3) Except as provided in subs. (1m) and (5) (a), this section does not
23apply to telecommunications cooperatives
, unincorporated telecommunications
24cooperative associations, or small telecommunications utilities unless made subject
25to this section under s. 196.205 or 196.215 (2).
AB1186, s. 84
1Section
84. 196.205 (1m) of the statutes is amended to read:
AB1186,156,52
196.205
(1m) A telecommunications cooperative
or an unincorporated
3telecommunications cooperative association may elect to be subject to ss. 196.28 and
4196.37 as they apply to any rate, toll or charge and to ss. 196.02 (2), 196.09 (1), 196.11
5(2), 196.20 and 196.26 in any of the following ways:
AB1186,156,76
(a) By amendment of the articles of incorporation of the cooperative under s.
7185.51
or the articles of organization of the association under s. 193.221.
AB1186,156,98
(c) By a majority of the voting members of the board of directors of the
9cooperative
or association.
AB1186, s. 85
10Section
85. 196.205 (2) of the statutes is amended to read:
AB1186,156,1411
196.205
(2) Notwithstanding sub. (1m), a telecommunications cooperative
or
12an unincorporated telecommunications cooperative association shall be subject to s.
13196.26 if it is a party in a proceeding on a complaint specified in s. 196.26 (1) (b) or
14(c).
AB1186, s. 86
15Section
86. 196.26 (4) (a) of the statutes is amended to read:
AB1186,156,2116
196.26
(4) (a) This section does not apply to any rate, toll, charge or schedule
17of any telecommunications cooperative
or unincorporated telecommunications
18cooperative association, except as provided under s. 196.205 or unless at least 5% of
19the customers of the telecommunications cooperative
or association file a complaint
20with the commission that the rate, toll, charge or schedule is in any respect
21unreasonable, insufficient or unjustly discriminatory.
AB1186, s. 87
22Section
87. 196.28 (4) of the statutes is amended to read:
AB1186,157,223
196.28
(4) This section does not apply to rates, tolls or charges of a
24telecommunications cooperative
, an unincorporated telecommunications
1cooperative association, or
a small telecommunications utility except as provided in
2s. 196.205 or 196.215 (2).
AB1186, s. 88
3Section
88. 196.37 (4) of the statutes is amended to read:
AB1186,157,74
196.37
(4) This section does not apply to rates, tolls or charges of a
5telecommunications cooperative
, an unincorporated telecommunications
6cooperative association, or
a small telecommunications utility except as provided in
7s. 196.205 or 196.215 (2).
AB1186, s. 89
8Section
89. 196.50 (2) (b) of the statutes is amended to read:
AB1186,157,189
196.50
(2) (b) A certificate, franchise, license or permit, indeterminate or
10otherwise, in effect on September 1, 1994, for a telecommunications utility shall
11remain in effect and shall have the effect of a certificate of authority. A
12telecommunications utility is not required to apply for a new certificate of authority
13to continue offering or providing service to the extent of the prior authorization. Each
14telecommunications utility, including telecommunications cooperatives
and
15unincorporated telecommunications cooperative associations, shall have on file with
16the commission under s. 196.19 a tariff that sets forth the rates, terms and conditions
17for all services provided and a map that defines the geographical limits of the service
18territory that the telecommunications utility is obliged to serve.
AB1186, s. 90
19Section
90. 196.605 (1) of the statutes is amended to read:
AB1186,158,720
196.605
(1) A public utility which is a cooperative association incorporated
21under ch. 185
or 193 to furnish telecommunications service in rural areas on a
22nonprofit basis with a telecommunications utility financed in part through a loan
23from the United States under the rural electrification act of 1936,
7 USC 901 to
24950aaa-5, as amended, may require each of its local service telecommunications
25patrons to deposit with the association the amount of the membership fee or other
1form of capital representing the proportional share of the total equity capital of the
2association required as a condition of federal financing. The membership fee or other
3form of equity capital attributable to each local service patron may be collected by
4the association in installments in connection with billings for service. The required
5deposits of equity capital shall be segregated in the billing from service charges and
6shall be credited when received on the membership or equity capital account of the
7patron.
AB1186, s. 91
8Section
91. 196.807 (1) (a) of the statutes is amended to read:
AB1186,158,119
196.807
(1) (a) "Affiliate or utility" means a nonutility affiliate, holding
10company system, public utility or cooperative association organized under ch. 185
or
11193.
AB1186, s. 92
12Section
92. 199.03 (12) of the statutes is amended to read:
AB1186,158,2313
199.03
(12) "Public utility" means any person, except a town, village, city or
14sanitary district, who owns, operates, manages or controls any plant or equipment
15or any part of a plant or equipment, within the state for the production, transmission,
16delivery or furnishing of heat, light, water, telecommunications service or power
17either directly or indirectly to or for the public. "Public utility" includes any person
18engaged in the transmission or delivery of natural gas for compensation within this
19state by means of pipes or mains. "Public utility" does not include a cooperative
20association organized under
ch. 185 for the purpose of generating, distributing, or
21furnishing electric energy to its members only, or a cooperative organized under ch.
22185
or 193 for the purpose of
generating, distributing or furnishing
23telecommunications service
or electric energy to its members only.
AB1186, s. 93
24Section
93. 201.01 (3) (d) of the statutes is amended to read:
AB1186,159,2
1201.01
(3) (d) Any securities issued by a corporation organized under ch. 185
2or 193 for the purpose of furnishing telecommunications service in rural areas.
AB1186, s. 94
3Section
94. 223.105 (1) (b) of the statutes is amended to read:
AB1186,159,94
223.105
(1) (b) "Organization" means any corporation,
unincorporated
5cooperative association, limited liability company, association, partnership or
6business trust, other than a national bank, state or federal savings and loan
7association, state or federal savings bank or federal credit union or other than a
8corporation, limited liability company, association or partnership, all of whose
9shareholders or members are licensed under SCR 40.02.
AB1186, s. 95
10Section
95. 231.35 (2) (b) of the statutes is amended to read:
AB1186,159,1211
231.35
(2) (b) A cooperative organized under ch. 185
or 193 that consists of one
12or more rural hospitals, each with no more than 100 beds.
AB1186, s. 96
13Section
96. 234.59 (1) (d) 3. of the statutes is amended to read:
AB1186,159,1614
234.59
(1) (d) 3. A dwelling unit in a condominium
or, a cooperative
, or an
15unincorporated cooperative association, together with an interest in common areas,
16if the unit is or will be the principal residence of an applicant.
AB1186, s. 97
17Section
97. 234.622 (7) of the statutes is amended to read:
AB1186,160,218
234.622
(7) "Qualifying dwelling unit" means a dwelling unit, not including a
19mobile home as defined in s. 66.0435, located in this state, habitable as a permanent
20residence and to which property taxes or special assessments are, or may
21conveniently be, allocated and up to one acre of land appertaining to it held in the
22same ownership as the dwelling unit. For purposes of ss. 234.621 to 234.626,
23"qualifying dwelling unit" includes a unit in a condominium or in a cooperative
or an
24unincorporated cooperative association or in a multi-unit dwelling with 4 or fewer
25units, but in all of these 3 cases only the portion of taxes or special assessments
1allocable to the unit lived in by the participant may qualify for loans under ss.
2234.621 to 234.626.
AB1186, s. 98
3Section
98. 421.301 (28) of the statutes is amended to read:
AB1186,160,74
421.301
(28) "Organization" means a corporation, government or
5governmental subdivision or agency, trust, estate, limited liability company,
6partnership, cooperative or association other than a cooperative organized under ch.
7185
or 193 which has gross annual revenues not exceeding $5 million.
AB1186, s. 99
8Section
99. 445.01 (8) of the statutes is amended to read:
AB1186,160,109
445.01
(8) "Person" includes firm, corporation, partnership, cooperative
,
10unincorporated cooperative association, and association of individuals.
AB1186, s. 100
11Section
100. 445.12 (3) (a) of the statutes is amended to read:
AB1186,160,1412
445.12
(3) (a) The solicitation of memberships or the sale of stock or
13memberships in any association organized under ch. 185
or 193 by any person who
14is not a licensed funeral director.
AB1186, s. 101
15Section
101. 551.22 (12) of the statutes is amended to read:
AB1186,160,1716
551.22
(12) Any securities of a cooperative corporation organized under ch. 185
17or 193.
AB1186, s. 102
18Section
102. 560.16 (1) (c) (intro.) of the statutes is amended to read:
AB1186,160,2319
560.16
(1) (c) (intro.) "Employee-owned business" means a business located in
20this state which is organized in a manner determined by the secretary to involve
21substantial employee participation or a cooperative organized under ch. 185
or 193 22or a corporation in which the employees own the stock of the corporation through an
23employee stock ownership plan as defined under
26 USC 4975 (e) (7) and in which:
AB1186, s. 103
24Section
103. 560.17 (1) (b) of the statutes is amended to read:
AB1186,160,2525
560.17
(1) (b) "Business" includes cooperatives organized under ch. 185
or 193.
AB1186, s. 104
1Section
104. 560.9801 (1) (b) of the statutes is amended to read:
AB1186,161,22
560.9801
(1) (b) A nonprofit cooperative organized under ch. 185
or 193.
AB1186, s. 105
3Section
105. 560.9801 (3) (a) 7. of the statutes is amended to read:
AB1186,161,64
560.9801
(3) (a) 7. If the housing is owned and occupied by members of a
5cooperative
or an unincorporated cooperative association, fees paid to a person for
6managing the housing.
AB1186, s. 106
7Section
106. 560.9804 (2) (e) of the statutes is amended to read:
AB1186,161,108
560.9804
(2) (e) A cooperative organized under ch. 185
or 193, if the articles of
9incorporation
, articles of organization, or bylaws of the cooperative limit the rate of
10dividend that may be paid on all classes of stock.
AB1186, s. 107
11Section
107. 600.03 (37m) of the statutes, as affected by 2005 Wisconsin Act
12.... (Senate Bill 617), is amended to read:
AB1186,161,2013
600.03
(37m) "Preferred provider plan" means a health care plan, as defined
14in s. 628.36 (2) (a) 1., that is offered by an organization established under ch. 185
or
15193, 611, 613, or 614 or issued a certificate of authority under ch. 618 and that makes
16available to its enrollees, without referral and for consideration other than
17predetermined periodic fixed payments, coverage of either comprehensive health
18care services or a limited range of health care services, regardless of whether the
19health care services are performed by participating, as defined in s. 609.01 (3m), or
20nonparticipating providers, as defined in s. 609.01 (5m).
AB1186, s. 108
21Section
108. 609.01 (2) of the statutes is amended to read:
AB1186,162,222
609.01
(2) "Health maintenance organization" means a health care plan
23offered by an organization established under ch. 185
or 193, 611, 613 or 614 or issued
24a certificate of authority under ch. 618 that makes available to its enrollees, in
1consideration for predetermined periodic fixed payments, comprehensive health
2care services performed by providers participating in the plan.
AB1186, s. 109
3Section
109. 616.09 (1) (c) 1. of the statutes is amended to read:
AB1186,162,84
616.09
(1) (c) 1. Plans authorized under s. 616.06 are subject to ch. 185
or 193,
5as applicable, except that ss. 185.03 (5) and (6), 185.05 (1) (c), 185.55, 185.61, 185.62,
6185.63, 185.64, 185.71 to 185.76
and, 185.81
, 193.151, 193.215 (2) (a) 2., 193.225,
7193.301 (9), 193.801, 193.805, 193.905 to 193.971, and those provisions applicable to
8cooperatives
or unincorporated cooperative associations with stock do not apply.
AB1186,162,1511
706.05
(2m) (b) 2. Descriptions of property that is subject to liens granted on
12property thereafter acquired by a rural electric cooperative
organized under ch. 185,,
13or by a telephone cooperative
, organized under ch. 185
or 193, by a pipeline company
14under s. 76.02 (5), by a public utility under s. 196.01 (5)
or, by a railroad under s.
15195.02 (1)
, or
by a water carrier under s. 195.02 (5).
AB1186, s. 111
16Section
111. 815.18 (2) (c) of the statutes is amended to read:
AB1186,162,1917
815.18
(2) (c) "Debtor" means an individual. "Debtor" does not include an
18association,
a corporation,
a partnership,
a cooperative
, an unincorporated
19cooperative association, or
a political body.
AB1186, s. 112
20Section
112. 893.28 (2) of the statutes is amended to read:
AB1186,163,421
893.28
(2) Continuous use of rights in real estate of another for at least 10 years
22by a domestic corporation organized to furnish telegraph or telecommunications
23service or transmit heat, power or electric current to the public or for public purposes,
24or by a cooperative association organized under ch. 185
or 193 to furnish telegraph
25or telecommunications service
, or
by a cooperative organized under ch. 185 to
1transmit heat, power or electric current to its members, establishes the prescriptive
2right to continue the use, except as provided by s. 893.29. A person who has
3established a prescriptive right under this subsection may commence an action to
4establish prescriptive rights under ch. 843.
AB1186, s. 113
5Section
113. 946.69 (1) (c) of the statutes is amended to read:
AB1186,163,86
946.69
(1) (c) A cooperative association organized under ch. 185
or 193 to
7furnish or provide telecommunications service,
or a cooperative organized under ch.
8185 to furnish or provide gas, electricity, power or water.
AB1186, s. 114
9Section
114. 990.01 (14) of the statutes is amended to read:
AB1186,163,1610
990.01
(14) Homestead exemption. "Exempt homestead" means the dwelling,
11including a building, condominium, mobile home, house trailer or cooperative
or an
12unincorporated cooperative association, and so much of the land surrounding it as
13is reasonably necessary for its use as a home, but not less than 0.25 acre, if available,
14and not exceeding 40 acres, within the limitation as to value under s. 815.20, except
15as to liens attaching or rights of devisees or heirs of persons dying before the effective
16date of any increase of that limitation as to value.
AB1186,163,1918
(1)
This act takes effect on September 1, 2005, or on the day after publication,
19whichever is later.