AB133-SSA1-SA1,362,2323
b. Substantially all of the assets of the nonutility affiliate are eligible assets.
AB133-SSA1-SA1,363,424
3. The net book value of transmission facility assets that a contributor public
25utility affiliate has contributed to a transmission company under s. 196.485 (5) (b)
1shall be included in the sum of the assets of the public utility affiliate under par. (b)
21. a., b. and c. In determining net book value under this subdivision, accumulated
3depreciation shall be calculated as if the contributor public utility affiliate had not
4contributed the assets.
AB133-SSA1-SA1,363,115
4. The net book value of generation assets that a contributor public utility
6affiliate has transferred to a person that is not affiliated with the public utility
7affiliate pursuant to the order of the commission, a court or a federal regulatory
8agency shall be included in the sum of the assets of the public utility affiliate under
9par. (b) 1. a., b. and c. In determining net book value under this subdivision,
10accumulated depreciation shall be calculated as if the contributor public utility
11affiliate had not transferred the assets.
AB133-SSA1-SA1,363,2313
196.795
(11) (b) This section shall be deemed to legalize and confirm the
14formation, prior to November 28, 1985, of any holding company, which is not itself
15a public utility, and shall be deemed to legalize and confirm the operations and
16issuances of securities of the holding company, except that nothing in this section
17shall be deemed to prevent the commission from imposing reasonable terms,
18limitations or conditions on any holding company which are consistent with the
19requirements of sub.
(5) (pm) (6m) (c) or (d) or which are consistent with and
20necessary to satisfy the requirements of sub. (5) (b) to (o) and (q) to (s) or which relate
21to future investments by the holding company unless the holding company owns,
22operates, manages or controls a telecommunications utility and does not also own,
23operate, manage or control a public utility which is not a telecommunications utility.
AB133-SSA1-SA1,364,9
1196.795
(11) (c) The commission may not impose upon a holding company the
2formation of which is considered to be legalized and confirmed under par. (b) any
3term, limitation or condition under par. (b) that establishes the sum of the holding
4company's nonutility affiliate assets at less than 25% of the sum of the holding
5company's utility affiliate assets. For purposes of this paragraph, any term,
6limitation or condition on nonutility affiliate assets shall not apply to the ownership,
7operation, management or control of any eligible asset, as defined under sub. (6m)
8(a) 2., or an asset that is used for manufacturing, distributing or selling swimming
9pools or spas.
AB133-SSA1-SA1,364,12
11196.807 Energy affiliate and utility employes. (1) Definitions. In this
12section:
AB133-SSA1-SA1,364,1413
(a) "Affiliate or utility" means a nonutility affiliate, a holding company system
14or an electric utility, as defined in s. 196.491 (1) (d).
AB133-SSA1-SA1,364,1715
(b) "Energy unit" means a unit in this state that is engaged in activities related
16to the production, generation, transmission or distribution of electricity, gas or steam
17or the recovery of energy from waste materials.
AB133-SSA1-SA1,364,1818
(c) "Holding company system" has the meaning given in s. 196.795 (1) (i).
AB133-SSA1-SA1,364,1919
(d) "Nonutility affiliate" has the meaning given in s. 196.795 (1) (j).
AB133-SSA1-SA1,364,2020
(e) "Public utility affiliate" has the meaning given in s. 196.795 (1) (L).
AB133-SSA1-SA1,364,2221
(f) "Sell an energy unit" means to sell, offer by lease, or otherwise transfer
22ownership or control of the energy unit.
AB133-SSA1-SA1,364,2423
(g) "Unit" means a division, department or other operational business unit of
24an affiliate or utility.
AB133-SSA1-SA1,365,5
1(2) Offer of employment. (a) Except as provided in par. (b), a person may not
2sell an energy unit unless the terms of the transfer require the person to which the
3energy unit is transferred to offer employment to the nonsupervisory employes who
4are employed with the energy unit immediately prior to the transfer and who are
5necessary for the operation and maintenance of the energy unit.
AB133-SSA1-SA1,365,96
(b) A public utility affiliate may not sell an energy unit to a nonutility affiliate
7in the same holding company system unless the terms of the transfer require the
8nonutility affiliate to offer employment to all of the nonsupervisory employes who are
9employed with the energy unit immediately prior to the transfer.
AB133-SSA1-SA1,365,12
10(3) Employment terms and conditions. (a) Except as provided in par. (b), the
11employment that is offered under sub. (2) shall satisfy each of the following during
12the 30-month period beginning immediately after the transfer:
AB133-SSA1-SA1,365,1413
1. Wage rates shall be no less than the wage rates in effect immediately prior
14to the transfer.
AB133-SSA1-SA1,365,1615
2. Fringe benefits shall be substantially equivalent to the fringe benefits in
16effect immediately prior to the transfer.
AB133-SSA1-SA1,365,1917
3. Terms and conditions of employment, other than wage rates and fringe
18benefits, shall be substantially equivalent to the terms and conditions in effect
19immediately prior to the transfer.
AB133-SSA1-SA1,365,2120
(b) A collective bargaining agreement may modify or waive a requirement
21specified in par. (a).
AB133-SSA1-SA1,365,24
22(4) Commission approval. Except for a cooperative association, as defined in
23s. 196.491 (1) (bm), no person may sell an energy unit unless the commission
24determines that the person has satisfied subs. (2) and (3).".
AB133-SSA1-SA1,366,3
2"
Section 2337m. Subchapter II of chapter 196 [precedes 196.991] of the
3statutes is created to read:
AB133-SSA1-SA1,366,65
Subchapter II
6
Hospital rate price caps
AB133-SSA1-SA1,366,7
7196.991 Definitions. In this subchapter:
AB133-SSA1-SA1,366,8
8(1) "Commission" means the public service commission.
AB133-SSA1-SA1,366,9
9(2) "Consumer price index" has the meaning given in s. 16.004 (8) (e) 1.
AB133-SSA1-SA1,366,11
10(3) "Hospital" has the meaning given in s. 50.33 (2), except that "hospital" does
11not include a center for the developmentally disabled, as defined in s. 51.01 (3).
AB133-SSA1-SA1,366,14
12(3m) "Price cap" means the maximum rate that may be charged for a service
13and includes any allowable increases in the maximum rate that are based on
14increases in the consumer price index.
AB133-SSA1-SA1,366,17
15(4) "Rates" means individual charges of a hospital for the services that it
16provides or, if authorized under s. 196.993, the aggregate charges based on case mix
17measurements.
AB133-SSA1-SA1,366,20
18196.992 Hospital rate price caps. (1) The commission shall promulgate
19rules that establish price caps for hospital rates. The commission shall consider each
20of the following in promulgating rules under this subsection:
AB133-SSA1-SA1,366,2221
(a) The need to reduce the rate of hospital cost increases while preserving the
22quality of health care in all parts of the state.
AB133-SSA1-SA1,366,2423
(b) A variety of cost-related trend factors based on nationally or regionally
24recognized economic models.
AB133-SSA1-SA1,367,1
1(c) The past budget and rate experiences of hospitals in this state.
AB133-SSA1-SA1,367,8
2(2) Rules promulgated under sub. (1) shall include requirements and
3procedures for hospitals to provide the commission with information that the
4commission determines is necessary to carry out its duties under this subchapter and
5for hospitals to notify the commission and patients of rates charged and any proposed
6increases or decreases in rates. The rules shall also include requirements and
7procedures for the commission to regularly review and, if necessary, revise the price
8caps established in the rules promulgated under sub. (1).
AB133-SSA1-SA1,367,10
9(3) Rules promulgated under sub. (1) may include requirements and
10procedures for each of the following:
AB133-SSA1-SA1,367,1311
(a) Exceptions from price caps for rural or teaching hospitals if the commission
12determines that such hospitals are subject to special circumstances that warrant an
13exception.
AB133-SSA1-SA1,367,1614
(b) A uniform system for hospitals to make reports to the commission if the
15commission determines that such a system is necessary for the commission to carry
16out its duties under this subchapter.
AB133-SSA1-SA1,367,23
17196.993 Case mix measurements. The commission may promulgate rules
18establishing a system that defines rates as aggregate charges based on case mix
19measurements if the commission submits its proposed system to the joint committee
20on finance under s. 13.10, receives that committee's approval and holds a public
21hearing prior to promulgating its rules. Such a system may not take effect prior to
22January 1, 2001, shall be consistent with the standard under s. 196.992 (1) (a) and
23shall ensure quality of care at a reasonable cost to patients.
AB133-SSA1-SA1,367,25
24196.994 Commission prohibitions. In carrying out its duties under this
25subchapter, the commission may not do any of the following:
AB133-SSA1-SA1,368,2
1(a) Interfere directly in the personal or decision-making relationships between
2a patient and the patient's physician.
AB133-SSA1-SA1,368,63
(b) Restrict the freedom of patients to receive care at a hospital consistent with
4their religious preferences or request a hospital that is affiliated with a religious
5group to act in a manner contrary to the mission and philosophy of the religious
6group.
AB133-SSA1-SA1,368,97
(c) Restrict directly the freedom of hospitals to exercise management decisions
8in complying with the price caps established in rules promulgated under s. 196.992
9(1).
AB133-SSA1-SA1,368,1110
(d) Require the submission of unrelated financial data from religious groups
11affiliated with a hospital.
AB133-SSA1-SA1,368,17
12196.995 Enforcement. (1) The commission may seek a judicial remedy to
13enforce compliance with any requirement of this subchapter or with any rule or order
14of the commission under this subchapter if it first notifies the hospital and provides
15the hospital a reasonable time to correct a violation. The commission shall commence
16any action under this subsection in the circuit court for the county in which the
17hospital is located.
AB133-SSA1-SA1,368,21
18(2) Any court that finds an intentional failure to comply with a price cap
19established in rules promulgated under s. 196.992 (1) may impose a forfeiture of up
20to $5,000. Each week that a hospital continues its intentional failure to comply with
21the price cap constitutes a separate violation.
AB133-SSA1-SA1,368,24
22(3) Any court with jurisdiction over an action brought under this section may
23adopt remedies that it finds necessary to enforce compliance. Remedies under this
24section apply notwithstanding the existence or pursuit of any other remedy.
AB133-SSA1-SA1,368,25
25196.996 Assessments. (1) In this section:
AB133-SSA1-SA1,369,3
1(a) "Commercial insurance" includes a group or individual disability insurance
2policy, as defined in s. 632.895 (1) (a), an employer's self-insured health care plan
3and worker's compensation.
AB133-SSA1-SA1,369,64
(b) "Deduction" means the portion of a charge that was incurred by a patient
5but was not received from 3rd-party payers or governmental or private payment.
6"Deduction" includes charity care but does not include bad debt.
AB133-SSA1-SA1,369,87
(c) "Expense" means the cost of operation, including bad debt, that is charged
8to a hospital during the hospital's fiscal year.
AB133-SSA1-SA1,369,129
(d) "Gross patient revenue" means the total charges to medicare, as defined in
10s. 49.498 (1) (f), the medical assistance program, other public programs, commercial
11insurance and other self-payers or nonpublic payers, that are generated by a
12hospital from inpatient and outpatient services.
AB133-SSA1-SA1,369,1413
(e) "Net income" means total revenue and nonoperating gains in excess of
14expenses and nonoperating losses.
AB133-SSA1-SA1,369,1515
(f) "Net patient revenue" means gross patient revenue minus deductions.
AB133-SSA1-SA1,369,1716
(g) "Nonoperating gains" means gifts, donations, endowments, return on
17investments and any other gains that are not related to patient care.
AB133-SSA1-SA1,369,2018
(h) "Nonoperating losses" means state and federal corporate income and real
19estate taxes and other losses that are not directly related to patient care or
20hospital-related patient services.
AB133-SSA1-SA1,369,2321
(i) "Other public programs" include programs operated by or contracted for by
22county departments under s. 46.215, 46.22 or 46.23 and the relief block grant
23program under ch. 49.
AB133-SSA1-SA1,370,3
1(j) "Other revenue" means revenue from services, other than health care
2services, provided to patients and revenue from sales to and services provided to
3nonpatients.
AB133-SSA1-SA1,370,44
(k) "Total revenue" means the sum of net patient revenue and other revenue.
AB133-SSA1-SA1,370,14
5(2) Beginning July 1, 2000, the commission shall, within 90 days after the
6commencement of each fiscal year, estimate the total amount of revenue required for
7administration by the commission of this subchapter during that fiscal year and
8assess that estimated total amount to hospitals in proportion to each hospital's
9respective net income during the hospital's most recently concluded entire fiscal
10year. The commission may not assess under this subsection a hospital that has a net
11income of 3% or less over the net income for the hospital's next most recently
12concluded entire fiscal year. Each hospital that is assessed shall pay the assessment
13by the December 1 following the assessment. The commission shall credit all
14payments of assessments to the appropriation account under s. 20.155 (3) (gm).".
AB133-SSA1-SA1,371,1117
214.04
(21) (b) The rules of the division shall provide that any remote service
18unit shall be available for use, on a nondiscriminatory basis, by any state or federal
19savings bank which has its principal place of business in this state, by any other state
20or federal savings bank obtaining the consent of a state or federal savings bank that
21has its principal place of business in this state and is using the terminal and by all
22customers designated by a savings bank using the unit. This paragraph does not
23authorize a savings bank which has its principal place of business outside this state
24to conduct business as a savings bank in this state. A remote service unit shall be
1available for use, on a nondiscriminatory basis, by any credit union, state or national
2bank or state or federal savings and loan association, whose home office is located
3in this state, if the credit union, bank or savings and loan association requests to
4share its use, subject to joint rules established
by the division of banking, the office
5of credit unions and the division under s. 221.0303 (2). The joint rules under s.
6221.0303 (2) shall prohibit a state or federal savings bank that owns or operates a
7remote service unit from charging a person a fee for a transaction using that remote
8service unit, unless the transaction relates to or affects an account held by that
9person with that savings bank. The division by order may authorize the installation
10and operation of a remote service unit in a mobile facility, after notice and hearing
11upon the proposed service stops of the mobile facility.
AB133-SSA1-SA1,372,1113
215.13
(46) (a) 1. Directly or indirectly, acquire, place and operate, or
14participate in the acquisition, placement and operation of, at locations other than its
15home or branch offices, remote service units, in accordance with rules established by
16the division. Remote service units established in accordance with such rules are not
17subject to sub. (36), (39), (40) or (47) or s. 215.03 (8). The rules of the division shall
18provide that any such remote service unit shall be available for use, on a
19nondiscriminatory basis, by any state or federal savings and loan association which
20has its principal place of business in this state, by any other savings and loan
21association obtaining the consent of a state or federal savings and loan association
22which has its principal place of business in this state and is using the terminal and
23by all customers designated by a savings and loan association using the unit. This
24paragraph does not authorize a savings and loan association which has its principal
25place of business outside this state to conduct business as a savings and loan
1association in this state. The remote service units also shall be available for use, on
2a nondiscriminatory basis, by any credit union, state or national bank or state or
3federal savings bank, whose home office is located in this state, if the credit union,
4bank or savings bank requests to share its use, subject to the joint rules established
5under s. 221.0303 (2).
The joint rules under s. 221.0303 (2) shall prohibit a state or
6federal savings and loan association that owns or operates a remote service unit from
7charging a person a fee for a transaction using that remote service unit, unless the
8transaction relates to or affects an account held by that person with that savings and
9loan association. The division by order may authorize the installation and operation
10of a remote service unit in a mobile facility, after notice and hearing upon the
11proposed service stops of the mobile facility.".
AB133-SSA1-SA1,372,21
14196.856 Assessment for stray voltage research. The commission shall
15assess annually the amount appropriated under s. 20.285 (1) (gs) to public utilities
16that produce electricity in proportion to their respective electric gross operating
17revenues during the last calendar year, derived from intrastate operations. The
18amounts received under this section shall be credited to the appropriation account
19under s. 20.285 (1) (gs). A public utility shall pay the total amount that it is assessed
20under this section within 30 days after it receives a bill for that amount from the
21commission. The bill constitutes notice of the assessment and demand of payment.".
AB133-SSA1-SA1,373,18
1200.01
(2) "Public service corporation" means and embraces every corporation,
2except municipalities and other political subdivisions, which is a public utility as
3defined in s. 196.01, and every corporation which is a railroad as defined in s. 195.02,
4but shall not include a public utility corporation receiving an annual gross revenue
5of less than $1,000 for the calendar year next preceding the issuance of any securities
6by it. "Public service corporation" includes a holding company, as defined under s.
7196.795 (1) (h), which is a public utility, as defined under s. 196.01 (5). "Public service
8corporation" does not include a telecommunications utility, as defined in s. 196.01
9(10). "Public service corporation" does not include any other holding company unless
10the holding company was formed after November 28, 1985, and unless the
11commission has determined, under s. 196.795 (7) (a), that each nonutility affiliate,
12as defined under s. 196.795 (1) (j), does not and cannot reasonably be expected to do
13at least one of the items specified in s. 196.795 (7) (a). "Public service corporation"
14does not include a company, as defined in s. 196.795 (1) (f), which owns, operates,
15manages or controls a telecommunications utility, as defined in s. 196.01 (10), unless
16such company also owns, operates, manages or controls a public utility which is not
17a telecommunications utility.
"Public service corporation" does not include a
18transmission company, as defined in s. 196.485 (1) (ge).".
AB133-SSA1-SA1,374,1721
221.0303
(2) Operation and acquisition of customer bank communications
22terminals. A bank may, directly or indirectly, acquire, place and operate, or
23participate in the acquisition, placement and operation of, at locations other than its
24main or branch offices, customer bank communications terminals, in accordance
1with rules established by the division. The rules of the division shall provide that
2any such customer bank communications terminal shall be available for use, on a
3nondiscriminatory basis, by any state or national bank and by all customers
4designated by a bank using the terminal. This subsection does not authorize a bank
5which has its principal place of business outside this state to conduct banking
6business in this state. The customer bank communications terminals also shall be
7available for use, on a nondiscriminatory basis, by any credit union, savings and loan
8association or savings bank, if the credit union, savings and loan association or
9savings bank requests to share its use, subject to rules jointly established by the
10division of banking, the office of credit unions and the division of savings and loan.
11The joint rules shall prohibit a state or national bank that owns or operates a
12customer bank communications terminal from charging a person a fee for a
13transaction using that customer bank communications terminal, unless the
14transaction relates to or affects an account held by that person with that bank. The
15division by order may authorize the installation and operation of a customer bank
16communications terminal in a mobile facility, after notice and hearing upon the
17proposed service stops of the mobile facility.".
AB133-SSA1-SA1,374,2120
220.06
(1) In this section, "licensee" means a person licensed by the division
21under ch. 138, 217 or 218
or under s. 224.92.".
AB133-SSA1-SA1,375,3
2"
Section 2353d. Subchapter IV of Chapter 224 [precedes 224.90] of the
3statutes is created to read:
AB133-SSA1-SA1,375,75
Subchapter IV
6
Nondepository small
7
business lenders
AB133-SSA1-SA1,375,8
8224.90 Definitions. In this subchapter:
AB133-SSA1-SA1,375,9
9(1) "Division" means the division of banking.