Amendment ASA-AB150

AB150-ASA,1575,7 186.35 (3) (n) As determined by the trustees, declare and pay dividends in cash or property to its members, except that the corporation may not declare or pay a dividend unless the commissioner office of credit unions has approved the dividend.

AB150-ASA, s. 5003 Section 5003. 186.35 (3m) (intro.) of the statutes is amended to read:

AB150-ASA,1575,13 186.35 (3m) Prohibited use of funds. (intro.) Notwithstanding subs. (2) and (3) (d), none of the corporation's funds may be used to assist member credit unions to meet the eligibility requirements for obtaining a certificate of federal share insurance under s. 186.34, unless the commissioner office of credit unions determines all of the following:

AB150-ASA, s. 5004 Section 5004. 186.35 (5) (d) 2. of the statutes is amended to read:

AB150-ASA,1575,21 186.35 (5) (d) 2. In the event of the potential impairment of the corporation's capital, special assessments may be levied against all member credit unions by the trustees with the approval of the commissioner office of credit unions. The trustees shall determine the total amount of any special assessment, and each member shall be liable to the corporation for a fraction of the total special assessment. Each member's fractional share of a special assessment shall be determined under sub. (12).

AB150-ASA, s. 5005 Section 5005. 186.35 (5) (f) of the statutes is amended to read:

AB150-ASA,1575,25 186.35 (5) (f) The trustees may reduce or waive the annual assessment when the total funds in this corporation equal an amount which is mutually agreed upon by the trustees and the commissioner office of credit unions.

AB150-ASA, s. 5006 Section 5006. 186.35 (7) of the statutes is amended to read:

AB150-ASA,1576,4 186.35 (7) Supervision of corporation. The corporation shall be subject to supervision and an annual examination by the office of the commissioner credit unions. The cost of each examination shall be paid by the corporation.

AB150-ASA, s. 5007 Section 5007. 186.35 (8) of the statutes is amended to read:

AB150-ASA,1576,18 186.35 (8) Examinations of credit unions. The office of the commissioner credit unions shall promptly forward to the corporation copies of examination reports of all members. The cost of these copies shall be paid by the corporation. If the trustees of the corporation ascertain evidence of carelessness, unsound practices or mismanagement of any member or if the trustees determine that the activities of any member may jeopardize any of the corporation's assets, the trustees or their designees may require the member to disclose its operational policies and procedures, and may recommend appropriate corrective measures to the member. If the trustees determine that the carelessness, unsound practices or mismanagement is not promptly corrected or that the threat to the corporation's assets has not been removed, the trustees may make appropriate recommendations to the commissioner office of credit unions, including the recommendation that the member be liquidated or consolidated.

AB150-ASA, s. 5008 Section 5008. 186.35 (9) of the statutes is amended to read:

AB150-ASA,1576,24 186.35 (9) Bylaws. The incorporators shall subscribe and submit to the commissioner office of credit unions, for approval, the bylaws and any amendments thereto under which the corporation shall operate. These bylaws may be amended at any regular or special meeting of the trustees or any annual or special meeting of the corporation.

AB150-ASA, s. 5009 Section 5009. 186.35 (11) (a) of the statutes is amended to read:

AB150-ASA,1577,12 186.35 (11) (a) Within 30 days after receipt of written notice from the commissioner office of credit unions under s. 186.34 (3), the corporation shall publish a class 3 notice, under ch. 985, requiring all persons who have claims against the corporation to file proof of their respective claims at a place and by a date not earlier than 30 days after the last insertion of the notice. Proof of publication shall be filed with the clerk of the circuit court. Notwithstanding any other law, any claim for which no proof of claim is filed by the date fixed in the notice is barred. Within 30 days after the last date for filing claims, the corporation shall give notice by registered or certified mail to each claimant if the corporation denies all or any part of the claimant's claims. Any claim for which notice of complete or partial denial is duly mailed is barred unless the claimant commences an action within 90 days after the date of mailing of the notice.

AB150-ASA, s. 5010 Section 5010. 186.35 (11) (b) of the statutes is amended to read:

AB150-ASA,1577,23 186.35 (11) (b) Within 30 days after the termination of the period for commencing actions under par. (a), the trustees shall determine the amount reasonably necessary to pay all of the corporation's outstanding, lawful liabilities and to pay the expenses of winding up the corporation's affairs. Upon receiving the approval of the commissioner office of credit unions, the corporation shall set aside the amount approved by the commissioner office and shall immediately distribute all of the remaining assets of the corporation, subject to par. (c). The corporation may make other subsequent distributions, subject to par. (c) if any additional surplus is realized. Any surplus remaining after the corporation has been dissolved shall be distributed, subject to par. (c).

AB150-ASA, s. 5011 Section 5011. 186.37 of the statutes is amended to read:

AB150-ASA,1578,6 186.37 (title) Immunity of commissioner office. The commissioner An employe of the office of credit unions shall not be subject to any civil liability or penalty, nor to any criminal prosecution, for any error in judgment or discretion made in good faith and upon reasonable grounds in any action taken or omitted by the commissioner office of credit unions in the commissioner's office's official capacity under this chapter.

AB150-ASA, s. 5012 Section 5012. 186.38 (2) of the statutes is amended to read:

AB150-ASA,1578,22 186.38 (2) Organization. The corporation may be organized under this section by the authorized representatives of one or more credit union share or deposit corporations. The articles of incorporation shall require the approval of the commissioner office of credit unions and shall be filed with the commissioner office and recorded with the register of deeds of the county in which the principal office of the corporation is located. Amendments to the articles, adopted by a vote of two-thirds of the voting shares represented at an annual meeting or at a special meeting called for that purpose, shall be filed with the commissioner office of credit unions upon payment of a fee of $5 and if approved by the commissioner office of credit unions shall become effective upon being recorded in the office of the register of deeds in the same manner as the original articles. This corporation shall be under the exclusive supervision of the commissioner office of credit unions under sub. (9) and the commissioner office shall, with the approval of the credit union review board, fix and assess the corporation a fair amount for such supervision and examination of the corporation.

AB150-ASA, s. 5013 Section 5013. 186.38 (5) (c) of the statutes is amended to read:

AB150-ASA,1579,2 186.38 (5) (c) The terms of withdrawal from membership and restrictions on sale of capital stock shall be as prescribed in the articles of incorporation as approved by the commissioner office of credit unions, and such terms shall be binding on all members and shareholders.

AB150-ASA, s. 5014 Section 5014. 186.38 (7) of the statutes is amended to read:

AB150-ASA,1579,7 186.38 (7) Reserves. The corporation shall maintain reserves for its liabilities, including contingent liabilities, and the commissioner office of credit unions shall have authority to order a change in reserves if the commissioner office deems them to be unacceptable.

AB150-ASA, s. 5015 Section 5015. 186.38 (9) of the statutes is amended to read:

AB150-ASA,1579,12 186.38 (9) Supervision of corporation. The corporation shall be subject to supervision and an annual examination by the office of the commissioner, who credit unions. The office of credit unions may invite participation by credit union supervisory authorities from other states.

AB150-ASA, s. 5016 Section 5016. 186.38 (10) of the statutes is amended to read:

AB150-ASA,1579,19 186.38 (10) Examinations. The office of the commissioner credit unions shall promptly forward to the corporation a copy of its examination report of the Wisconsin credit union savings insurance corporation, if it becomes a member of the corporation, and shall cooperate with the corporation in obtaining similar examination reports from other state credit union supervisory authorities where member state credit union share or deposit corporations are domiciled.

AB150-ASA, s. 5017 Section 5017. 186.38 (11) of the statutes is amended to read:

AB150-ASA,1579,25 186.38 (11) Bylaws. The board of directors shall subscribe and submit to the commissioner office of credit unions, for filing and approval, the bylaws and any amendments thereto under which the corporation shall operate. These bylaws may be amended at any regular or special meeting of the board of directors or at any annual or special meeting of the shareholders.

AB150-ASA, s. 5018 Section 5018. 186.41 (2) (b) of the statutes is amended to read:

AB150-ASA,1580,5 186.41 (2) (b) An in-state credit union proposing any action under par. (a) shall provide the commissioner office of credit unions a copy of any original application seeking approval by a federal agency or by an agency of the regional state and of any supplemental material or amendments filed in connection with any application.

AB150-ASA, s. 5019 Section 5019. 186.41 (4) (a) of the statutes is amended to read:

AB150-ASA,1580,10 186.41 (4) (a) The commissioner office of credit unions finds that the statutes of the regional state in which the regional credit union has its principal office permit in-state credit unions to both acquire regional credit union assets and merge with one or more regional credit unions in the regional state.

AB150-ASA, s. 5020 Section 5020. 186.41 (4) (b) of the statutes is amended to read:

AB150-ASA,1580,14 186.41 (4) (b) The commissioner office of credit unions has not disapproved the acquisition of in-state credit union assets or the merger with the in-state credit union under sub. (5).

AB150-ASA, s. 5021 Section 5021. 186.41 (4) (c) of the statutes is amended to read:

AB150-ASA,1580,25 186.41 (4) (c) The commissioner office of credit unions gives a class 3 notice, under ch. 985, in the official state newspaper, of the application to take an action under sub. (3) and of the opportunity for a hearing and, if at least 25 residents of this state petition for a hearing within 30 days of the final notice or if the commissioner office of credit unions on his or her its own motion calls for a hearing within 30 days of the final notice, the commissioner office of credit unions holds a public hearing on the application, except that a hearing is not required if the commissioner office of credit unions finds that an emergency exists and that the proposed action under sub. (3) is necessary and appropriate to prevent the probable failure of an in-state credit union that is closed or in danger of closing.

AB150-ASA, s. 5022 Section 5022. 186.41 (4) (d) of the statutes is amended to read:

AB150-ASA,1581,5 186.41 (4) (d) The commissioner office of credit unions is provided a copy of any original application seeking approval by a federal agency of the acquisition of in-state credit union assets or of the merger with an in-state credit union and of any supplemental material or amendments filed with the application.

AB150-ASA, s. 5023 Section 5023. 186.41 (4) (e) of the statutes is amended to read:

AB150-ASA,1581,9 186.41 (4) (e) The applicant has paid the commissioner office of credit unions a fee of $1,000 together with the actual costs incurred by the commissioner office in holding any hearing on the application.

AB150-ASA, s. 5024 Section 5024. 186.41 (5) (intro.) of the statutes is amended to read:

AB150-ASA,1581,13 186.41 (5) Standards for disapproval. (intro.) The commissioner office of credit unions may disapprove of any action under sub. (3) if the commissioner office finds any of the following:

AB150-ASA, s. 5025 Section 5025. 186.41 (5) (ct) of the statutes is amended to read:

AB150-ASA,1581,18 186.41 (5) (ct) The applicant has failed to enter into an agreement prepared by the commissioner office of credit unions to comply with laws and rules of this state regulating consumer credit finance charges and other charges and related disclosure requirements, except to the extent preempted by federal law or regulation.

AB150-ASA, s. 5026 Section 5026. 186.41 (5) (e) of the statutes is amended to read:

AB150-ASA,1581,21 186.41 (5) (e) The applicant fails to meet any other standards established by rule of the commissioner office of credit unions.

AB150-ASA, s. 5027 Section 5027. 186.41 (6) (a) of the statutes is amended to read:

AB150-ASA,1581,25 186.41 (6) (a) Subsections (1) to (5) do not apply prior to January 1, 1987, except that the commissioner office of credit unions may promulgate rules under sub. (5) (e) to be applicable no earlier than the date that subs. (1) to (5) apply.

AB150-ASA, s. 5028 Section 5028. 186.41 (8) of the statutes is amended to read:

AB150-ASA,1582,11 186.41 (8) Divestiture. Any credit union that has acquired assets of or merged with an in-state credit union under sub. (2) or (3) and that ceases to be an in-state credit union or regional credit union shall immediately notify the commissioner office of credit unions of the change in its status and shall, as soon as practical and, in any case, within 2 years after the event causing it to no longer be one of these entities, divest itself of control of any interest in the assets or operations of any in-state credit union. A credit union that fails to immediately notify the commissioner office of credit unions is liable for a forfeiture of $500 for each day beginning with the day its status changes and ending with the day notification is received by the commissioner office of credit unions.

AB150-ASA, s. 5066 Section 5066. 190.01 (2) of the statutes is amended to read:

AB150-ASA,1582,24 190.01 (2) The articles of incorporation and amendments thereto shall be filed with the secretary of state department of revenue; in the case of articles, the secretary of state department of revenue shall thereupon issue a certificate of incorporation and the corporation then has legal existence. The articles of incorporation or special charter of any railroad company may be amended by a majority vote of all the stock in the respects and for the purposes provided in s. 180.1001. The fees for filing articles and amendments thereto are as provided in s. 180.0122 (1) (a) and (m) except that the fees for filing an amendment which authorizes the issuance of redeemable preference shares for sale to the U.S. secretary of transportation under sections 505 and 506 of P.L. 94-210 is $15 for the amendment and an additional sum equal to $1 for each $100,000 or fraction thereof of par value redeemable preference shares authorized by the amendment.

AB150-ASA, s. 5135 Section 5135. 194.51 of the statutes is amended to read:

AB150-ASA,1583,13 194.51 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.

AB150-ASA, s. 5202 Section 5202. 195.29 (5) of the statutes is amended to read:

AB150-ASA,1584,7 195.29 (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.

AB150-ASA, s. 5224m Section 5224m. 195.60 (2) of the statutes is amended to read:

AB150-ASA,1584,25 195.60 (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. 184.10 (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 one percent 1.75% 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.

AB150-ASA, s. 5225 Section 5225. 195.60 (3) of the statutes is amended to read:

AB150-ASA,1585,16 195.60 (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.

AB150-ASA, s. 5229 Section 5229. 195.60 (4) (d) of the statutes is amended to read:

AB150-ASA,1586,3 195.60 (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.

AB150-ASA, s. 5230 Section 5230. 195.60 (5) of the statutes is amended to read:

AB150-ASA,1586,16 195.60 (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.

AB150-ASA, s. 5235m Section 5235m. 196.03 (3) (b) of the statutes is repealed and recreated to read:

AB150-ASA,1586,21 196.03 (3) (b) Unless the governing body of a city, village or town adopts a resolution providing that the city, village or town will pay the retail charges for the production, storage, transmission, sale and delivery or furnishing of water for public fire protection purposes that are not included in general service charges:

AB150-ASA,1586,23 1. A public utility shall include the charges in the water utility bill of each customer of the public utility in the city, village or town.

AB150-ASA,1587,3 2. A municipal utility may, in addition to including the charges in water utility bills under subd. 1., bill the charges to any person who meets all of the following conditions:

AB150-ASA,1587,4 a. The person is not a customer of the municipal utility.

AB150-ASA,1587,7 b. The person owns land that is located in the city, village or town and in an area in which the municipal utility has an obligation to provide water for public fire protection.

AB150-ASA, s. 5235s Section 5235s. 196.04 (1) (b) 1. of the statutes is amended to read:

AB150-ASA,1587,14 196.04 (1) (b) 1. Any person who owns transmission equipment and property shall permit, for reasonable compensation, the use of the transmission equipment and property by any public utility or telecommunications provider if public convenience and necessity require such use and if the use will not result in irreparable injury to any owner or user of the transmission equipment and property or in any substantial detriment to the service to be rendered by the owner or user.

AB150-ASA, s. 5236 Section 5236. 196.175 of the statutes is amended to read:

AB150-ASA,1587,20 196.175 Construction and occupancy standards. The commission may not establish or enforce construction or occupancy standards applicable to any public building, as defined in s. 101.01 (2) (g) (12), dwelling, as defined in s. 101.71 (2) or any occupancy standard applicable to any place of employment as defined in s. 101.01 (2) (f) (11).

AB150-ASA, s. 5237 Section 5237. 196.20 (5) (d) of the statutes is amended to read:

AB150-ASA,1588,12 196.20 (5) (d) If the commission does not conduct a hearing under this subsection, a proposed rate increase or change in a rate schedule becomes effective as proposed and any rates, tolls or charges under review under s. 196.215 (6) or (7) may not be altered unless the commission issues a final order no later than 150 days after the commission receives the application or receives the information under par. (b) 1g. and 1r. If the commission conducts a hearing, a proposed rate increase or change in a rate schedule becomes effective as proposed and any rates, tolls or charges under review under s. 196.215 (6) or (7) may not be altered unless the commission issues the final order no later than 180 days after the commission receives the application or receives the information under par. (b) 1g. and 1r. If the commission conducts a hearing, the hearing examiner may extend the time for issuing a final order up to 30 additional days. The commission and the small telecommunications utility may agree in writing to extend the time for issuing a final order. Notwithstanding s. ss. 196.34 and 196.36 (2), the commission may require the small telecommunications utility to bear the expense of a stenographer to record producing a transcript of a hearing conducted under this section.

AB150-ASA, s. 5238 Section 5238. 196.20 (6) of the statutes is amended to read:

AB150-ASA,1588,24 196.20 (6) If a telecommunications utility that is not a small telecommunications utility and that has 150,000 or less access lines in use in this state files with the commission an application for a rate change that constitutes an increase in rates, the rate change becomes effective as proposed unless the commission issues the final order on the application no later than 180 days after the commission receives the application. The hearing examiner may extend the time for issuing a final order up to 30 additional days. The commission and the telecommunications utility may agree in writing to extend the time for issuing a final order. Notwithstanding s. ss. 196.34 and 196.36 (2), the commission may require the telecommunications utility to bear the expense of a stenographer to record producing a transcript of a hearing conducted under this subsection.

AB150-ASA, s. 5239 Section 5239. 196.209 (5) (a) of the statutes is amended to read:

AB150-ASA,1589,6 196.209 (5) (a) The At the commencement of each gubernatorial term of office, the commission shall appoint a telecommunications privacy council under s. 15.04 (1) (c) consisting of representatives of telecommunications providers and of consumers of telecommunications services, including this state. The privacy advocate designated under s. 19.625 (1) shall be a member of the telecommunications privacy council.

AB150-ASA, s. 5239m Section 5239m. 196.218 (6) (a) of the statutes is amended to read:

AB150-ASA,1589,12 196.218 (6) (a) The At the commencement of each gubernatorial term of office, the commission shall appoint a universal service fund council under s. 15.04 (1) (c) consisting of representatives of telecommunications providers and consumers of telecommunications services, including this state. The majority of the members of the council shall be representatives of consumers of telecommunications services.

AB150-ASA, s. 5240 Section 5240. 196.34 of the statutes is amended to read:

AB150-ASA,1589,17 196.34 (title) Stenographic Commission records. The commission shall keep a complete record of its proceedings before the commission or its agent on in any formal investigation or hearing held and shall appoint a stenographer to record all testimony presented at such proceedings.

AB150-ASA, s. 5241 Section 5241. 196.36 (title) of the statutes is amended to read:

AB150-ASA,1589,19 196.36 (title) Transcripts as evidence; free to parties and tapes.