AB327: Bill Text

AB327, s. 136 Section 136. 421.202 (3) of the statutes is amended to read:

AB327,172,11 421.202 (3) Charges for delayed payment and any discount allowed for early payment in transactions under public utility or common carrier tariffs if a subdivision or agency of this state or of the United States regulates such charges or discounts, or if such charges or discounts are made in connection with the furnishing of electric service by an electric cooperative organized and operating on a nonprofit basis under ch. 185 or 193;

AB327, s. 137 Section 137. 421.301 (28) of the statutes is amended to read:

AB327,172,16 421.301 (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.

AB327, s. 138 Section 138. 445.01 (8) of the statutes is amended to read:

AB327,172,19 445.01 (8) "Person" includes firm, corporation, partnership, cooperative, unincorporated cooperative association, and association of individuals.

AB327, s. 139 Section 139. 445.12 (3) (a) of the statutes is amended to read:

AB327,172,23 445.12 (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.

AB327, s. 140 Section 140. 551.22 (12) of the statutes is amended to read:

AB327,173,2 551.22 (12) Any securities of a cooperative corporation organized under ch. 185 or 193.

AB327, s. 141 Section 141. 560.16 (1) (c) (intro.) of the statutes is amended to read:

AB327,173,8 560.16 (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:

AB327, s. 142 Section 142. 560.17 (1) (b) of the statutes is amended to read:

AB327,173,10 560.17 (1) (b) "Business" includes cooperatives organized under ch. 185 or 193.

AB327, s. 143 Section 143. 560.9801 (1) (b) of the statutes is amended to read:

AB327,173,12 560.9801 (1) (b) A nonprofit cooperative organized under ch. 185 or 193.

AB327, s. 144 Section 144. 560.9801 (3) (a) 7. of the statutes is amended to read:

AB327,173,16 560.9801 (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.

AB327, s. 145 Section 145. 560.9804 (2) (e) of the statutes is amended to read:

AB327,173,20 560.9804 (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.

AB327, s. 146 Section 146. 609.01 (2) of the statutes is amended to read:

AB327,174,2 609.01 (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.

AB327, s. 147 Section 147. 609.01 (4) of the statutes is amended to read:

AB327,174,10 609.01 (4) "Preferred provider plan" 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, 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 or nonparticipating providers.

AB327, s. 148 Section 148. 616.09 (1) (c) 1. of the statutes is amended to read:

AB327,174,16 616.09 (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.

AB327, s. 149 Section 149. 706.05 (2m) (b) 2. of the statutes is amended to read:

AB327,174,21 706.05 (2m) (b) 2. Descriptions of property that is subject to liens granted on property thereafter acquired by a rural electric cooperative, or 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 (5).

AB327, s. 150 Section 150. 706.09 (3) (a) of the statutes is amended to read:

AB327,175,4 706.09 (3) (a) Public service corporations, railroads, electric cooperatives, trustees, governmental units. While owned, occupied or used by any public service corporation, any railroad corporation as defined in s. 195.02, any electric cooperative organized and operating on a nonprofit basis under ch. 185 or 193, or any trustee or receiver of any such corporation or electric cooperative, or any mortgagee or trust deed trustee or receiver thereof; nor any such interest while held by the United States, the state or any political subdivision or municipal corporation thereof; or

AB327, s. 151 Section 151. 815.18 (2) (c) of the statutes is amended to read:

AB327,175,8 815.18 (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.

AB327, s. 152 Section 152. 893.28 (2) of the statutes is amended to read:

AB327,175,17 893.28 (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 a cooperative association organized under ch. 185 or 193 to furnish telegraph or telecommunications service or 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.

AB327, s. 153 Section 153. 893.33 (5) of the statutes is amended to read:

AB327,176,15 893.33 (5) This section bars all claims to an interest in real property, whether rights based on marriage, remainders, reversions and reverter clauses in covenants restricting the use of real estate, mortgage liens, old tax deeds, death and income or franchise tax liens, rights as heirs or under will, or any claim of any nature, however denominated, and whether such claims are asserted by a person sui juris or under disability, whether such person is within or without the state, and whether such person is natural or corporate, or private or governmental, unless within the 30-year period provided by sub. (2) there has been recorded in the office of the register of deeds some instrument expressly referring to the existence of the claim, or a notice pursuant to this section. This section does not apply to any action commenced or any defense or counterclaim asserted, by any person who is in possession of the real estate involved as owner at the time the action is commenced. This section does not apply to any real estate or interest in real estate while the record title to the real estate or interest in real estate remains in a railroad corporation, a public service corporation as defined in s. 201.01, an electric cooperative organized and operating on a nonprofit basis under ch. 185 or 193, or any trustee or receiver of a railroad corporation, a public service corporation or an electric cooperative, or to claims or actions founded upon mortgages or trust deeds executed by that cooperative or corporation, or trustees or receivers of that cooperative or corporation. This section also does not apply to real estate or an interest in real estate while the record title to the real estate or interest in real estate remains in the state or a political subdivision or municipal corporation of this state.

AB327, s. 154 Section 154. 946.69 (1) (c) of the statutes is amended to read:

AB327,176,18 946.69 (1) (c) A cooperative association organized under ch. 185 or 193 to furnish or provide telecommunications service, gas, electricity, power or water.

AB327, s. 155 Section 155. 990.01 (14) of the statutes is amended to read:

AB327,177,2 990.01 (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.

AB327, s. 156 Section 156. Nonstatutory provisions.

AB327,177,8 (1) Notwithstanding section 990.001 (11) of the statutes, if a court finds that the amendment of section 11.38 (8) (b) (by Section 7) of the statutes by this act, or any part of the laws specified in 2001 Wisconsin Act 109, section 9115 (2y) (b) is unconstitutional, the amendment of section 11.38 (8) (b) (by Section 7) of the statutes by this act is void.

AB327, s. 157 Section 157. Effective date.

AB327,177,11 (1) This act takes effect on September 1, 2005, or on the day after publication, whichever is later.

AB327,177,12 (End)