Wisconsin Legislature: 16,2972t

183.0114 (1) (t) Request for certificate or statement of status, $5 the fee established under s. 182.01 (4) (b).

16,2928 Section 2928. 183.0114 (1) (u) of the statutes is amended to read:

183.0114 (1) (u) Processing in an expeditious manner a document required or permitted to be filed under this chapter, or preparing in an expeditious manner a certificate or statement of status, $25 the fee established under s. 182.01 (4) (d).

16,2928r Section 2928r. 183.0114 (1) (w) of the statutes is amended to read:

183.0114 (1) (w) Annual report of a foreign limited liability company, $50 that is submitted to the department by authorized electronic means, $65; annual report submitted to the department on paper, $80.

16,2932d Section 2932d. 185.363 (2) of the statutes is amended to read:

185.363 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other persons as to matters the director or officer believes in good faith are within the person's professional or expert competence.

16,2932h Section 2932h. 185.61 (1) of the statutes is amended to read:

185.61 (1) (a) If otherwise lawful, any 2 or more associations may merge or consolidate under this chapter or under the law of the state where the surviving or new association will exist.

(b) Before a cooperative may merge or consolidate with any other association, a written plan of merger or consolidation shall be prepared by the board or by a committee selected by the board or the members for that purpose. The plan shall set forth all the terms of the merger or consolidation, including any provisions for abandonment of the plan, and the proposed effect of the plan on all members and stockholders of the cooperative, including the treatment of the equity interest of the members upon merger or consolidation.

16,2932r Section 2932r. 185.62 (5) of the statutes is created to read:

185.62 (5) The surviving association, in the case of a merger, or the new association, in the case of consolidation, shall prepare an annual report on the implementation of any provision in the plan of merger or consolidation relating to the equity interest of any member that was affected by the merger or consolidation. The report shall be kept in the principal office of the surviving association, in the case of a merger, or in the principal office of the new association, in the case of consolidation, and shall be available for inspection by any member whose equity interest was affected by the merger or consolidation. The surviving association, in the case of a merger, or the new association, in the case of consolidation, shall prepare the report until such time that the implementation of any provision in the plan of merger or consolidation relating to the equity interest of any member that was affected by the merger or consolidation is complete.

16,2933 Section 2933. 185.83 (1) (d) of the statutes is amended to read:

185.83 (1) (d) Receiving services of any process, notice or demand, authorized to be served on the department by this chapter, $10 the fee established under s. 182.01 (4) (c).

16,2934 Section 2934. 185.83 (1) (f) of the statutes is repealed.

16,2935 Section 2935. 185.83 (1) (fm) of the statutes is repealed.

16,2936 Section 2936. 185.83 (1) (h) of the statutes is amended to read:

185.83 (1) (h) Processing a document required or permitted to be filed or recorded under this chapter in an expeditious manner, or preparing the information under par. (f) or (fm) in an expeditious manner, $25 the fee established under s. 182.01 (4) (d) in addition to the fee required by other provisions of this chapter.

16,2943m Section 2943m. 186.094 (2) of the statutes is amended to read:

186.094 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other persons as to matters the director or officer believes in good faith are within the person's professional or expert competence.

16,2952m Section 2952m. 186.15 (1) of the statutes is amended to read:

186.15 (1) Annual audit. Except as provided in sub. (2), the board of directors shall hire a licensed certified public accountant licensed or certified under ch. 442 or other qualified person to conduct a comprehensive annual audit of the records, accounts and affairs of the credit union.

16,2972d Section 2972d. 187.31 (2) of the statutes is amended to read:

187.31 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other professional persons or experts employed by the incorporated Roman Catholic church, as to matters the director or officer believes in good faith are within the person's professional or expert competence.

16,2972g Section 2972g. 187.41 (2) of the statutes is amended to read:

187.41 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other professional persons or experts employed by the religious organization, as to matters the director or officer believes in good faith are within the person's professional or expert competence.

16,2972k Section 2972k. 194.01 (7) of the statutes is amended to read:

194.01 (7) "Motor vehicle" means any automobile, truck, trailer, semitrailer, tractor, motor bus or any self-propelled or motor driven vehicle, except a low-speed vehicle, motorcycle, moped, motor bicycle or a vehicle operated on rails.

16,2972t Section 2972t. 195.60 (2) of the statutes is amended to read:

195.60 (2) The office shall annually, within 90 days after the close of each fiscal year, ascertain the total of its expenditures during such year which are reasonably attributable to the performance of its duties relating to railroads. For purposes of such calculation, 90% of the expenditures so determined shall be expenditures of the office and 10% of the expenditures so determined shall be expenditures for state government operations. The office shall deduct therefrom all amounts chargeable to railroads under sub. (1) and s. 201.10 (3). A sum equal to the remainder plus 10% of the remainder shall be assessed by the office to the several railroads in proportion to their respective gross operating revenues during the last calendar year, derived from intrastate operations. Such assessment shall be paid within 30 days after the bill has been mailed to the several railroads, which bill shall constitute notice of assessment and demand of payment thereof. The total amount which may be assessed to the railroads under authority of this subsection shall not exceed 1.75% 1.85% of the total gross operating revenues of such railroads, during such calendar year, derived from intrastate operations. Ninety percent of the payment shall be credited to the appropriation account under s. 20.155 (2) (g). The railroads shall furnish such financial information as the office requires.

16,2973 Section 2973. 196.01 (3n) of the statutes is repealed.

16,2974 Section 2974. 196.01 (3p) of the statutes is repealed.

16,2975 Section 2975. 196.01 (3q) of the statutes is renumbered 101.91 (6m) and amended to read:

101.91 (6m) "Mobile Manufactured home park contractor" means a person, other than a public utility, as defined in s. 196.01 (5) (a), who, under a contract with a mobile manufactured home park operator, provides water or sewer service to a mobile manufactured home park occupant or performs a service related to providing water or sewer service to a mobile manufactured home park occupant.

16,2976 Section 2976. 196.01 (3s) of the statutes is renumbered 101.91 (7) and amended to read:

101.91 (7) "Mobile Manufactured home park occupant" means a person who rents or owns a mobile manufactured home in a mobile manufactured home park.

16,2977 Section 2977. 196.01 (3t) of the statutes is renumbered 101.91 (8) and amended to read:

101.91 (8) "Mobile Manufactured home park operator" means a person engaged in the business of owning or managing a mobile manufactured home park.

16,2977b Section 2977b. 196.01 (5) (b) 6. of the statutes is created to read:

196.01 (5) (b) 6. A person that owns an electric generating facility or improvement to an electric generating facility that is subject to a leased generation contract, as defined in s. 196.52 (9) (a) 3., unless the person furnishes, directly to the public, telecommunications or sewer service, heat, light, water or power or, by means of pipes or mains, natural gas.

16,2978 Section 2978. 196.07 (2) of the statutes is amended to read:

196.07 (2) If a public utility fails to file a report with the commission containing its balance sheet and other information prescribed by the commission by the date the report is due under sub. (1), the commission may prepare the report from the records of the public utility. All expenses of the commission in preparing the report, plus a penalty equal to 50% of the amount of the expenses, shall be assessed against and collected from the public utility under s. 196.85. The amount of the charge to a public utility shall not be limited by s. 196.85 (1) (b) and shall be in addition to any other charges assessable under s. 196.85. The penalty provision of the charge shall be credited to the general fund under s. 20.906.

16,2979 Section 2979. 196.195 (12) (b) 1. d. of the statutes is repealed.

16,2980 Section 2980. 196.196 (1) (cm) of the statutes is repealed.

16,2981 Section 2981. 196.196 (5) (b) 6. of the statutes is repealed.

16,2981Lm Section 2981Lm. 196.202 (2) of the statutes is amended to read:

196.202 (2) Scope of regulation. A commercial mobile radio service provider is not subject to ch. 201 or this chapter, except as provided in sub. (5), and except that a commercial mobile radio service provider is subject to s. 196.218 (3) to the extent not preempted by federal law. If the application of s. 196.218 (3) to a commercial mobile radio service provider is not preempted if the commission promulgates rules that designate commercial mobile radio service providers as eligible to receive universal service funding under both the federal and state universal service fund programs. If the commission promulgates such rules, a commercial mobile radio service provider shall respond, subject to the protection of the commercial mobile radio service provider's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to administer the universal service fund.

16,2981m Section 2981m. 196.208 (5p) of the statutes is created to read:

196.208 (5p) Toll-free calls answered by prisoners. (a) In this subsection:

1. "Charitable organization" has the meaning given in s. 440.41 (1).

2. "Prisoner" has the meaning given in s. 134.73 (1) (b).

(b) If a prisoner is employed directly or indirectly by a charitable organization or toll-free service vendor to answer calls made to the charitable organization or toll-free service vendor, the prisoner shall do all of the following immediately upon answering a call:

1. Identify himself or herself by name.

2. State that he or she is a prisoner.

3. Inform the calling party of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located.

(c) A charitable organization or toll-free service vendor that directly or indirectly employs a prisoner shall provide reasonable supervision of the prisoner to assure the prisoner's compliance with par. (b).

16,2981p Section 2981p. 196.208 (10) (a) of the statutes is amended to read:

196.208 (10) (a) Subsections (2) to (5) apply to any pay-per-call service that a caller may access by a call originating in this state and sub. subs. (5p) and (5t) applies apply to any charitable organization, toll-free service vendor, or employee of a charitable organization or toll-free service vendor that a caller may access by a call originating in this state.

16,2981r Section 2981r. 196.208 (11) (d) of the statutes is renumbered 196.208 (11) (d) 1. and amended to read:

196.208 (11) (d) 1. Any Except as provided in subd. 2., any person who violates subs. (2) to (9) shall be required to forfeit not less than $25 nor more than $5,000 for each offense.

3. Forfeitures under this paragraph subds. 1. and 2. shall be enforced by action on behalf of the state by the department of justice or, upon informing the department of justice, by the district attorney of the county where the violation occurs.

16,2981s Section 2981s. 196.208 (11) (d) 2. of the statutes is created to read:

196.208 (11) (d) 2. a. A prisoner who violates sub. (5p) (b) may be required to forfeit not more than $500.

b. A person who employs a prisoner to answer calls made to a toll-free telephone number may be required to forfeit not more than $10,000 if the person violates sub. (5p) (c), aids and abets a prisoner's violation of sub. (5p) (b), is a party to a conspiracy with a prisoner to commit a violation of sub. (5p) (b), or advises, hires, or counsels or otherwise procures a prisoner to commit a violation of sub. (5p) (b).

16,2981t Section 2981t. 196.218 (3) (a) 3. of the statutes is renumbered 196.218 (3) (a) 3. (intro.) and amended to read:

196.218 (3) (a) 3. (intro.) The commission shall designate the method by which the contributions under this paragraph shall be calculated and collected. The method shall ensure that the contributions are sufficient to generate the following amounts:

a. The amount appropriated under ss. s. 20.155 (1) (q), except that in fiscal year 2003-04 the total amount of contributions in that fiscal year under this subd. 3. a. may not exceed $5,000,000 and except that beginning in fiscal year 2004-05 the total amount of contributions in a fiscal year under this subd. 3. a. may not exceed $6,000,000.

b. The amounts appropriated under ss. 20.255 (3) (q), 20.275 (1) (s), (t) and (tm) and 20.285 (1) (q).

3m. Contributions under this paragraph may be based only on the gross operating revenues from the provision of broadcast services identified by the commission under subd. 2. and on intrastate telecommunications services in this state of the telecommunications providers subject to the contribution.

16,2982 Section 2982. 196.218 (5) (a) 5. of the statutes is amended to read:

196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 (7) to the extent that these costs are not paid under s. 44.73 (2) (d), except that no moneys in the universal service fund may be used to pay installation costs that are necessary for a political subdivision to obtain access to bandwidth under a shared service agreement under s. 44.73 (2r) (a).

16,2983 Section 2983. 196.218 (5) (a) 6. of the statutes is amended to read:

196.218 (5) (a) 6. To pay the department of administration electronic government for telecommunications services provided under s. 16.973 22.05 (1) to the campuses of the University of Wisconsin System at River Falls, Stout, Superior and Whitewater.

16,2983m Section 2983m. 196.218 (5) (a) 10. of the statutes is created to read:

196.218 (5) (a) 10. To make the grant awarded by the technology for educational achievement in Wisconsin board to the Racine Unified School District under s. 44.72 (3).

16,2984 Section 2984. 196.218 (5r) (a) 4. of the statutes is amended to read:

196.218 (5r) (a) 4. An assessment of how successful investments identified in s. 196.196 (5) (f), assistance provided by the universal service fund or the Wisconsin advanced telecommunications foundation, and price regulation and other alternative incentive regulations of telecommunications utilities designed to promote competition have been in advancing the public interest goals identified under s. 196.03 (6), and recommendations for further advancing those goals.

16,2984m Section 2984m. 196.219 (3) (o) of the statutes is created to read:

196.219 (3) (o) Refuse to transfer or facilitate the transfer of the telecommunications utility's or telecommunications provider's local exchange service customers to another telecommunications provider on the same terms and conditions as the telecommunications utility or telecommunications provider receives from any other telecommunications provider, unless such terms and conditions violate federal law.

16,2989 Section 2989. 196.26 (1) (a) of the statutes is amended to read:

196.26 (1) (a) A complaint filed with the commission that any rate, toll, charge, or schedule, joint rate, regulation, measurement, act, or practice relating to the provision of heat, light, water, power, or telecommunications service, or to the provision of water or sewer service by a mobile home park operator or mobile home park contractor, is unreasonable, inadequate, unjustly discriminatory, or cannot be obtained.

16,2990 Section 2990. 196.26 (1m) of the statutes is amended to read:

196.26 (1m) Investigation of complaint. If any mercantile, agricultural, or manufacturing society, body politic, municipal organization, or 25 persons file a complaint specified in sub. (1) (a) against a public utility, or if the commission terminates a proceeding on a complaint under s. 196.199 (3) (a) 1m. b., or if a person files a complaint specified in sub. (1) (c), the commission, with or without notice, may investigate the complaint under this section as it considers necessary. If the mobile home park occupants of 25% of the total number of mobile homes in a mobile home park or the mobile home park occupants of 25 mobile homes in a mobile home park, whichever is less, files a complaint specified in sub. (1) (a) against a mobile home park contractor or mobile home park operator, the commission, with or without notice, may investigate the complaint as it considers necessary. The commission may not issue an order based on an investigation under this subsection without a public hearing.

16,2991 Section 2991. 196.26 (2) (a) of the statutes is amended to read:

196.26 (2) (a) Prior to a hearing under this section, the commission shall notify the public utility, mobile home park contractor, mobile home park operator or party to an interconnection agreement complained of that a complaint has been made, and 10 days after the notice has been given the commission may proceed to set a time and place for a hearing and an investigation. This paragraph does not apply to a complaint specified in sub. (1) (b).

16,2992 Section 2992. 196.26 (2) (b) of the statutes is amended to read:

196.26 (2) (b) The commission shall give the complainant and either the public utility, mobile home park contractor, mobile home park operator or party to an interconnection agreement which is the subject of a complaint specified in sub. (1) (a) or (c) or, for a complaint specified in sub. (1) (b), a party to an interconnection agreement who is identified in a notice under s. 196.199 (3) (b) 1. b., 10 days' notice of the time and place of the hearing and the matter to be considered and determined at the hearing. The complainant and either the public utility, mobile home park contractor, mobile home park operator or party to the interconnection agreement may be heard. The commission may subpoena any witness at the request of the public utility, mobile home park contractor, mobile home park operator, party to the interconnection agreement, or complainant.

16,2993 Section 2993. 196.28 (1) of the statutes is amended to read: