2003 Wisconsin Act 33

2. A statement that each ground for dissolution either did not exist or has been cured.

3. A statement that the limited liability company's name satisfies s. 183.0103.

(b) The department shall cancel the certificate of dissolution and issue a certificate of reinstatement under this paragraph if the department determines that the application contains the information required under par. (a), that the information is correct, and that all fees and penalties owed by the limited liability company to the department under this chapter have been paid. The certificate of reinstatement shall state the department's determination under this paragraph and the effective date of reinstatement. The department shall file the certificate and provide a copy to the limited liability company or its representative.

(c) When the reinstatement becomes effective, it shall relate back to and take effect as of the effective date of the administrative dissolution, and the limited liability company may resume carrying on its business as if the administrative dissolution had never occurred.

(d) If the department denies a limited liability company's application for reinstatement under par. (a), the department shall serve the limited liability company with a written notice of denial that explains each reason for the denial. The denial is subject to judicial review as provided in ss. 227.52 to 227.58.

33,2133 Section 2133. 186.098 (12) of the statutes is amended to read:

186.098 (12) Loans to members. A credit union may make loans to members 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 office of credit unions shall promulgate joint rules with the division of savings institutions and the division of banking that establish procedures for enforcing a lender's rights in security given for a loan under this subsection.

33,2204 Section 2204. 194.51 of the statutes is amended to read:

194.51 Suit to recover protested tax. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied in this chapter. The aggrieved taxpayer shall pay the tax as and when due, and, if paid under protest, may at any time within 90 days from the date of such payment, sue the state in an action at law to recover the tax so paid. If it is finally determined that said tax, or any part thereof, was wrongfully collected for any reason, it shall be the duty of the department secretary of administration to issue a warrant on the state treasurer for pay out of the transportation fund the amount of such tax so adjudged to have been wrongfully collected, and the treasurer shall pay the same out of the transportation fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as may have been made within any 90-day period preceding the commencement of such an action. Such suits shall be commenced as provided in s. 775.01.

33,2273d Section 2273d. 195.29 (5) of the statutes is amended to read:

195.29 (5) Elimination of grade crossings, costs. Upon petition of the department, or of the common council or board of any city, village, town, or county, alleging that one or more of them have undertaken or propose to undertake to relocate or improve an existing highway or to construct a new highway in such manner as to eliminate a highway grade crossing with any railroad or so as to permanently divert a material portion of the highway traffic from a highway grade crossing with any railroad, the office shall issue notice of investigation and hearing, as provided in s. 195.04. If upon such hearing the office finds that the public safety will be promoted by the highway relocation, improvement, or new construction, the office shall order the old crossings closed and new crossings opened as are deemed necessary for public safety. The order shall require the railroad company or companies to pay to the interested municipality or municipalities such sum as the office finds to be an equitable portion of the cost of the highway relocation, improvement, or new construction, if the work is performed by the municipalities; or to the state treasurer secretary of administration if the work is performed by the state; or to the proper county treasurer if the work is performed by the county. The sum shall be added to the joint fund available for the improvement and may be expended in like manner as the other portions of the fund.

33,2297m Section 2297m. 195.60 (3) of the statutes is amended to read:

195.60 (3) If any railroad against which a bill has been rendered under sub. (1) or (2) within 30 days after the rendering of such bill neglects or refuses to pay the same or fails to file objections to the bill with the office, the office shall transmit to the state treasurer secretary of administration a certified copy of the bill, together with notice of neglect or refusal to pay the bill, and on the same day the office shall mail to the railroad against which the bill has been rendered a copy of the notice which it has transmitted to the state treasurer secretary of administration. Within 10 days after the receipt of such notice and certified copy of such bill, the state treasurer secretary of administration shall levy the amount stated on such bill to be due, with interest, by distress and sale of any goods and chattels, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to such delinquent railroad. Such levy by distress and sale shall be governed by the provisions of s. 74.10, 1985 stats., except that it shall be made by the state treasurer secretary of administration and that said goods and chattels anywhere within the state may be levied upon.

33,2302m Section 2302m. 195.60 (4) (d) of the statutes is amended to read:

195.60 (4) (d) If any bill against which objections have been filed is not paid within 10 days after notice of a finding that such objections have been overruled and disallowed by the office has been mailed to the objector, the office shall give notice of such 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 bill as provided in sub. (3). If an amended bill is not paid within 10 days after a copy thereof is mailed to the objector by registered mail, the office 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 bill as provided in the case of an original bill.

33,2304m Section 2304m. 195.60 (5) of the statutes is amended to read:

195.60 (5) No suit or proceeding shall be maintained in any court for the purpose of restraining or in any way delaying the collection or payment of any bill rendered under subs. (1) and (2). Every railroad against which a bill is rendered shall pay the amount thereof, and after such payment may in the manner herein provided, at any time within 2 years from the date the payment was made, sue the state in an action at law to recover the amount paid with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful, or invalid in whole or in part. If it is finally determined in such action 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, which shall be charged to the appropriations to the office.

33,2310 Section 2310. 196.199 (3) (d) of the statutes is amended to read:

196.199 (3) (d) If, at any time during a proceeding under this subsection, the commission determines, after notice and reasonable opportunity to be heard, that a person has made a filing in violation of par. (c), the commission shall order the person to pay to any party to the proceeding the amount of reasonable expenses incurred by that party because of the filing, including reasonable attorney fees, and the commission may directly assess a forfeiture against the person of not less than $25 nor more than $5,000. A person against whom the commission assesses a forfeiture under this paragraph shall pay the forfeiture to the commission within 10 days after receipt of notice of the assessment or, if the person petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The commission shall remit all forfeitures paid under this paragraph to the state treasurer secretary of administration for deposit in the school fund. The attorney general may bring an action in the name of the state to collect any forfeiture assessed by the commission under this paragraph that has not been paid as provided in this paragraph. The only contestable issue in such an action is whether or not the forfeiture has been paid.

33,2311d Section 2311d. 196.218 (3) (a) 3. b. of the statutes is amended to read:

196.218 (3) (a) 3. b. The amounts appropriated under ss. 20.255 (3) (q), 20.275 (1) (s), (t) and (tm) and (qm), 20.285 (1) (q), and 20.505 (4) (s), (t), (tm), (tu), and (tw).

33,2311e Section 2311e. 196.218 (3) (a) 4. of the statutes is amended to read:

196.218 (3) (a) 4. In calculating contribution amounts that must be paid into the universal service fund by telecommunications utilities that provide local exchange service, the commission shall determine the portion of the contributions that are is used for the purposes specified in sub. (5) (a) 5. to 7. 11.

33,2311m Section 2311m. 196.218 (3) (e) of the statutes is amended to read:

196.218 (3) (e) Except as provided in par. (f) and s. 196.196 (2) (d), a telecommunications provider or other person may not establish a surcharge on customers' bills to collect from customers contributions required under this subsection.

33,2311s Section 2311s. 196.218 (3) (f) of the statutes is amended to read:

196.218 (3) (f) Notwithstanding ss. 196.196 (1) and (5) (d) 2., 196.20 (2m), (5) and (6), 196.213 and 196.215, a telecommunications utility that provides local exchange service may make adjustments to local exchange service rates for the purpose of recovering the portion of its contributions to the universal service fund that is determined by the commission under par. (a) 4. A telecommunications utility that adjusts local exchange service rates for the purpose of recovering all or any amount of that portion shall identify on customer bills a single amount that is the total amount of the adjustment.

33,2312d Section 2312d. 196.218 (4t) of the statutes is amended to read:

196.218 (4t) Educational telecommunications access program rules. The commission, in consultation with the department of administration and the technology for educational achievement in Wisconsin board, shall promulgate rules specifying the telecommunications services eligible for funding through the educational telecommunications access program under s. 44.73 16.997.

33,2313d Section 2313d. 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 to the extent that these costs are not paid under s. 44.73 16.997 (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 16.997 (2r) (a).

33,2314d Section 2314d. 196.218 (5) (a) 5. of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

196.218 (5) (a) 5. To pay costs incurred under contracts under s. 16.974 16.971 (13) to (16) to the extent that these costs are not paid under s. 16.997 (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. 16.997 (2r) (a).

33,2315 Section 2315. 196.218 (5) (a) 6. of the statutes is amended to read:

196.218 (5) (a) 6. To pay the department of electronic government administration for telecommunications services provided under s. 22.05 16.972 (1) to the campuses of the University of Wisconsin System at River Falls, Stout, Superior and Whitewater.

33,2316d Section 2316d. 196.218 (5) (a) 7. of the statutes is amended to read:

196.218 (5) (a) 7. To make grants awarded by the technology for educational achievement in Wisconsin board department of administration to school districts and private schools under s. 44.73 16.997 (6). This subdivision does not apply after June 30, 2002 December 31, 2005.

33,2317 Section 2317. 196.218 (5) (a) 10. of the statutes is repealed.

33,2317c Section 2317c. 196.218 (5) (a) 11. of the statutes is created to read:

196.218 (5) (a) 11. To provide for state aid to public library systems under s. 43.24.

33,2317m Section 2317m. 196.374 (5) of the statutes is created to read:

196.374 (5) The commission may not require any public utility to operate or otherwise provide for, or impose any assessment on public utility customers for, any program established by the department of administration under s. 16.957 (2) (b) 1. This subsection does not apply to contributions that are required under sub. (3).

33,2318 Section 2318. 196.491 (2) (e) of the statutes is amended to read:

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).

33,2321 Section 2321. 196.85 (3) of the statutes is amended to read:

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.

33,2322 Section 2322. 196.85 (4) (d) of the statutes is amended to read:

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.

33,2323 Section 2323. 196.85 (5) of the statutes is amended to read:

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.

33,2324 Section 2324. 196.858 (1) and (2) of the statutes are amended to read:

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).

(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).

33,2325h Section 2325h. 200.49 (1) (a) of the statutes is amended to read:

200.49 (1) (a) "Minority business" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that is at least 51% owned and controlled by one or more minority group members and that is engaged in construction or construction-related activities business that is certified by the department of commerce under s. 560.036 (2).

33,2325j Section 2325j. 200.49 (3) (intro.) of the statutes is amended to read:

200.49 (3) Request for proposals. (intro.) The executive director shall request proposals for prime contracts from bondable general contractors or construction contractors that are bona fide independent minority businesses. Each proposal submitted shall include all of the following conditions:

33,2325k Section 2325k. 200.49 (3) (b) of the statutes is amended to read:

200.49 (3) (b) A subcontracting plan that provides sufficient detail to enable the executive director to determine that the prime contractor has made or will make a good faith effort to award at least 20% of the total contract amount to bona fide independent minority business subcontractors.

33,2325m Section 2325m. 200.49 (4) of the statutes is repealed.

33,2330 Section 2330. 214.01 (1) (im) of the statutes is amended to read:

214.01 (1) (im) "Division" means the division of savings institutions banking.

33,2331 Section 2331. 214.01 (1) (sr) of the statutes is amended to read:

214.01 (1) (sr) "Review board" means the savings bank institutions review board.

33,2332 Section 2332. 214.592 of the statutes is amended to read:

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:

NOTICE OF RELATIONSHIP

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.

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).

33,2334 Section 2334. 215.01 (6) of the statutes is amended to read:

215.01 (6) "Division" means the division of savings institutions banking.

33,2335 Section 2335. 215.01 (22) of the statutes is amended to read:

215.01 (22) "Review board" means the savings and loan institutions review board.

33,2336 Section 2336. 215.02 (title) of the statutes is repealed and recreated to read:

215.02 (title) Powers of the division.

33,2337 Section 2337. 215.02 (10) (a) 3. of the statutes is amended to read:

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).

33,2338 Section 2338. 215.04 of the statutes is repealed and recreated to read:

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

(a) Advise the division on matters related to this chapter.

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

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

(d) Perform other review functions relating to this chapter.

(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).

(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.

(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).

(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.

(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).

(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.