SB55-ASA1-AA1,1021,97
(b) The office of credit unions has not disapproved the acquisition of
in-state 8Wisconsin credit union assets or the merger with the
in-state Wisconsin credit union
9under sub. (5).
SB55-ASA1-AA1,1021,1810
(c) The office of credit unions gives a class 3 notice, under ch. 985, in the official
11state newspaper, of the application to take an action under sub. (3) and of the
12opportunity for a hearing and, if at least 25 residents of this state petition for a
13hearing within 30 days of the final notice or if the office of credit unions on its own
14motion calls for a hearing within 30 days of the final notice, the office of credit unions
15holds a public hearing on the application, except that a hearing is not required if the
16office of credit unions finds that an emergency exists and that the proposed action
17under sub. (3) is necessary and appropriate to prevent the probable failure of
an
18in-state a Wisconsin credit union that is closed or in danger of closing.
SB55-ASA1-AA1,1021,2219
(d) The office of credit unions is provided a copy of any original application
20seeking approval by a federal agency of the acquisition of
in-state Wisconsin credit
21union assets or of the merger with
an in-state a Wisconsin credit union and of any
22supplemental material or amendments filed with the application.
SB55-ASA1-AA1,1021,2523
(f) With regard to an acquisition of assets of
an in-state a Wisconsin credit
24union that is chartered on or after May 9, 1986, the
in-state Wisconsin credit union
25has been in existence for at least 5 years before the date of acquisition.
SB55-ASA1-AA1,1022,63
186.41
(5) (a) Considering the financial and managerial resources and future
4prospects of the applicant and of the
in-state Wisconsin credit union concerned, the
5action would be contrary to the best interests of the members of the
in-state 6Wisconsin credit union.
SB55-ASA1-AA1,1022,97
(b) The action would be detrimental to the safety and soundness of the
8applicant or of the
in-state Wisconsin credit union concerned, or to a subsidiary or
9affiliate of the applicant or of the
in-state Wisconsin credit union.
SB55-ASA1-AA1,1022,1410
(c) Because the applicant, its executive officers
, or directors have not
11established a record of sound performance, efficient management, financial
12responsibility
, and integrity, the action would be contrary to the best interests of the
13creditors,
the members
or, the other customers of the applicant
or of the in-state
, the
14Wisconsin credit union
, or
contrary to the best interests of the public.
SB55-ASA1-AA1,1022,1815
(cr) The applicant has failed to propose to provide adequate and appropriate
16services of the type contemplated by the community reinvestment act of 1977 in the
17community in which the
in-state Wisconsin credit union which the applicant
18proposes to acquire or merge with is located.
SB55-ASA1-AA1,1022,24
23186.45 Non-Wisconsin credit union, Wisconsin offices. (1) Definitions. 24In this section:
SB55-ASA1-AA1,1023,2
1(a) "Non-Wisconsin credit union" means a credit union organized under the
2laws of and with its principal office located in a state other than this state.
SB55-ASA1-AA1,1023,33
(b) "Wisconsin credit union" has the meaning given in s. 186.41 (1) (bm).
SB55-ASA1-AA1,1023,8
4(2) Approval. A non-Wisconsin credit union may open an office and conduct
5business as a credit union in this state if the office of credit unions finds that
6Wisconsin credit unions are allowed to do business in the other state under
7conditions similar to those contained in this section and that all of the following apply
8to the non-Wisconsin credit union:
SB55-ASA1-AA1,1023,109
(a) It is a credit union organized under laws similar to the credit union laws of
10this state.
SB55-ASA1-AA1,1023,1111
(b) It is financially solvent based upon national board ratings.
SB55-ASA1-AA1,1023,1212
(c) It has member savings insured with federal share insurance.
SB55-ASA1-AA1,1023,1413
(d) It is effectively examined and supervised by the credit union authorities of
14the state in which it is organized.
SB55-ASA1-AA1,1023,1615
(e) It has received approval from the credit union authorities of the state in
16which it is organized.
SB55-ASA1-AA1,1023,1817
(f) It has a need to place an office in this state to adequately serve its members
18in this state.
SB55-ASA1-AA1,1023,2019
(g) It meets all other relevant standards or qualifications established by the
20office of credit unions.
SB55-ASA1-AA1,1023,22
21(3) Requirements. A non-Wisconsin credit union shall agree to do all of the
22following:
SB55-ASA1-AA1,1023,2423
(a) Grant loans at rates not in excess of the rates permitted for Wisconsin credit
24unions.
SB55-ASA1-AA1,1023,2525
(b) Comply with this state's laws.
SB55-ASA1-AA1,1024,1
1(c) Designate and maintain an agent for the service of process in this state.
SB55-ASA1-AA1,1024,5
2(4) Records. As a condition of a non-Wisconsin credit union doing business in
3this state under this section, the office of credit unions may require copies of
4examination reports and related correspondence regarding the non-Wisconsin
5credit union.
SB55-ASA1-AA1,1024,8
7186.80 False statements. (a) No officer, director, or employee of a credit
8union may do any of the following:
SB55-ASA1-AA1,1024,109
1. Willfully and knowingly subscribe to or make, or cause to be made, a false
10statement or entry in the books of the credit union.
SB55-ASA1-AA1,1024,1211
2. Knowingly subscribe to or exhibit false information with the intent to deceive
12any person authorized to examine the affairs of the credit union.
SB55-ASA1-AA1,1024,1413
3. Knowingly make, state, or publish any false report or statement of the credit
14union.
SB55-ASA1-AA1,1024,1715
(b) Any person who violates par. (a) may be fined not less than $1,000 nor more
16than $5,000, or imprisoned for not less than one year nor more than 15 years, or
17both.".
SB55-ASA1-AA1,1024,21
19"(bm) "Public utility" means a public utility that in 2000, based on data
20provided by the public utility to the commission, provided retail electric service to
21customers that had an aggregate load of 1,200 megawatts or more.".
SB55-ASA1-AA1,1025,3
1196.218
(3) (e)
Except as provided in s. 196.196 (2) (d), a A telecommunications
2provider or other person may not establish a surcharge on customers' bills to collect
3from customers contributions required under this subsection.".
SB55-ASA1-AA1,1025,176
196.202
(2) Scope of regulation. A commercial mobile radio service provider
7is not subject to ch. 201 or this chapter,
except as provided in sub. (5), and except
that 8a commercial mobile radio service provider is subject to s. 196.218 (3)
to the extent
9not preempted by federal law. If the application of s. 196.218 (3) to a commercial
10mobile radio service provider is not preempted if the commission promulgates rules
11that designate commercial mobile radio service providers as eligible to receive
12universal service funding under both the federal and state universal service fund
13programs. If the commission promulgates such rules, a commercial mobile radio
14service provider shall respond, subject to the protection of the commercial mobile
15radio service provider's competitive information, to all reasonable requests for
16information about its operations in this state from the commission necessary to
17administer the universal service fund.".
SB55-ASA1-AA1,1025,20
19"
Section 2981r. 196.218 (3) (a) 3. of the statutes is renumbered 196.218 (3) (a)
203. (intro.) and amended to read:
SB55-ASA1-AA1,1025,2421
196.218
(3) (a) 3. (intro.) The commission shall designate the method by which
22the contributions under this paragraph shall be calculated and collected. The
23method shall ensure that the contributions are sufficient to generate the
following 24amounts
:
SB55-ASA1-AA1,1026,3
1a. The amount appropriated under
ss. s. 20.155 (1) (q),
except that beginning
2in fiscal year 2003-04 the total amount of contributions in a fiscal year under this
3subd. 3. a. may not exceed $4,000,000.
SB55-ASA1-AA1,1026,5
4b. The amounts appropriated under ss. 20.255 (3) (q), 20.275 (1) (s), (t) and (tm)
5and 20.285 (1) (q).
SB55-ASA1-AA1,1026,9
63m. Contributions
under this paragraph may be based only on the gross
7operating revenues from the provision of broadcast services identified by the
8commission under subd. 2. and on intrastate telecommunications services in this
9state of the telecommunications providers subject to the contribution.".
SB55-ASA1-AA1,1026,1412
196.219
(3m) Real estate development. (a) In this subsection, "real estate
13development" means the act of dividing or subdividing any parcel of land for
14construction or making improvements to facilitate or allow construction.
SB55-ASA1-AA1,1026,2015
(b) Except for compensation included in rates for basic local exchange service
16and business access line and usage service, a telecommunications utility may not
17require any person to compensate the telecommunications utility for the
18construction of any facility for the distribution of telecommunications services that
19is related to any real estate development in the telecommunications utility's service
20territory.".
SB55-ASA1-AA1,1027,15
1196.374
(3) In Except as provided in sub. (3m), in 2000, 2001 and 2002, the
2commission shall require each utility to spend a decreasing portion of the amount
3determined under sub. (2) on programs specified in sub. (2) and contribute the
4remaining portion of the amount to the commission for deposit in the
utility public
5benefits fund.
In Except as provided in sub. (3m), in each year after 2002, each utility
6shall contribute the entire amount determined under sub. (2) to the commission for
7deposit in the
utility public benefits fund. The commission shall ensure in
8rate-making orders that a utility recovers from its ratepayers the amounts spent on
9programs or contributed to the
utility public benefits fund under this subsection
or
10deposited into the farm rewiring fund under sub. (3m). The commission shall allow
11each utility the option of continuing to use, until January 1, 2002, the moneys that
12it has recovered under s. 196.374 (3), 1997 stats., to administer the programs that
13it has funded under s. 196.374 (1), 1997 stats. The commission may allow each utility
14to spend additional moneys on the programs specified in sub. (2) if the utility
15otherwise complies with the requirements of this section and s. 16.957 (4).
SB55-ASA1-AA1,1027,2017
196.374
(3m) In fiscal year 2001-02, the first $1,500,000 that is contributed
18under sub. (3) in that fiscal year shall be deposited in the farm rewiring fund. In
19fiscal year 2002-03, the first $2,500,000 that is contributed under sub. (3) in that
20fiscal year shall be deposited in the farm rewiring fund.
SB55-ASA1-AA1,1028,322
196.374
(4) If the department notifies the commission under s. 16.957 (2) (b)
232. that the department has reduced funding for energy conservation and efficiency
24and renewable resource programs by an amount that is greater than the portion of
25the public benefits fee specified in s. 16.957 (4) (c) 2., the commission shall reduce the
1amount that utilities are required to spend on programs or contribute to the
utility
2public benefits fund under sub. (3) by the portion of the reduction that exceeds the
3amount of public benefits fees specified in s. 16.957 (4) (c) 2.".
SB55-ASA1-AA1,1028,76
196.491
(1) (c) "Department" means the department of
natural resources 7environmental management.
SB55-ASA1-AA1,1028,109
196.491
(2) (b) 5. Department of
natural resources environmental
10management.".
SB55-ASA1-AA1,1028,1613
196.31
(1) (intro.) In any proceeding before the commission, the commission
14shall may compensate any participant in the proceeding who is not a public utility,
15for some or all of the reasonable costs of participation in the proceeding if the
16commission finds that:
SB55-ASA1-AA1,1028,2118
196.31
(1) (a) The participation is necessary to provide for the record an
19adequate presentation of a significant position in which the participant has a
20substantial interest, and that an adequate presentation would not
occur be possible 21without a grant of compensation; or".
SB55-ASA1-AA1,1029,11
1196.491
(3) (a) 3. a. At least 60 days before a person files an application under
2subd. 1.
for construction of a large electric generating facility, the person shall
3provide the department with an engineering plan showing the location of the
large
4electric generating facility, a description of the
large electric generating facility,
5including the major components of the
large electric generating facility that have a
6significant air, water or solid waste pollution potential, and a description of the
7anticipated effects of the
large electric generating facility on air and water quality.
8Within 30 days after a person provides an engineering plan, the department shall
9provide the person with a listing of each department permit or approval which, on
10the basis of the information contained in the engineering plan, appears to be required
11for the construction or operation of the
large electric generating facility.".
SB55-ASA1-AA1,1029,2314
196.491
(3) (a) 3. a. At least 60 days before a person files an application under
15subd. 1., the person shall provide the department with an engineering plan showing
16the location of the facility, a description of the facility, including the major
17components of the facility that have a significant air, water
, or solid waste pollution
18potential, and a description of the anticipated effects of the facility on air and water
19quality
and on residential wells. Within 30 days after a person provides an
20engineering plan, the department shall provide the person with a listing of each
21department permit or approval which, on the basis of the information contained in
22the engineering plan, appears to be required for the construction or operation of the
23facility.
SB55-ASA1-AA1,1030,19
1196.491
(3) (a) 3. b. Within 20 days after the department provides a listing
2specified in subd. 3. a. to a person, the person shall apply for the permits and
3approvals identified in the listing. The department shall determine whether an
4application under this subd. 3. b. is complete and, no later than 30 days after the
5application is filed, notify the applicant about the determination. If the department
6determines that the application is incomplete, the notice shall state the reason for
7the determination. An applicant may supplement and refile an application that the
8department has determined to be incomplete. There is no limit on the number of
9times that an applicant may refile an application under this subd. 3. b. If the
10department fails to determine whether an application is complete within 30 days
11after the application is filed, the application shall be considered to be complete.
The
12department shall complete action on an application under this subd. 3. b. for any
13permit or approval that is required prior to construction of a facility within Within 14120 days after the date on which the application is determined or considered to be
15complete
, the department shall complete action on the application for any permit or
16approval that is required prior to construction of the large electric generating facility
17and shall determine whether the facility will reduce the availability of water to a
18residential well or cause a preventive action limit established under s. 160.15 to be
19exceeded in water produced by a residential well.
SB55-ASA1-AA1, s. 3001p
20Section 3001p. 196.491 (3) (e) of the statutes is renumbered 196.491 (3) (e)
21(intro.) and amended to read:
SB55-ASA1-AA1,1031,222
196.491
(3) (e) (intro.) If the application does not meet the criteria under par.
23(d), the commission shall reject the application or approve the application with such
24modifications as are necessary for an affirmative finding under par. (d). The
1commission may not issue a certificate of public convenience and necessity
until the 2for a large electric generating facility unless each of the following is satisfied:
SB55-ASA1-AA1,1031,4
31. The department has issued all permits and approvals identified in the listing
4specified in par. (a) 3. a. that are required prior to construction.
SB55-ASA1-AA1,1031,96
196.491
(3) (e) 2. The department has determined under par. (a) 3. b. that the
7facility will not reduce the availability of water to a residential well and will not cause
8a preventive action limit established under s. 160.15 to be exceeded in water
9produced by a residential well.".
SB55-ASA1-AA1,1031,2412
196.374
(3) In 2000, 2001 and 2002, the commission shall require each utility
13to spend a decreasing portion of the amount determined under sub. (2) on programs
14specified in sub. (2) and contribute the remaining portion of the amount to the
15commission for deposit in the fund. In each year after 2002, each
Each utility shall
16contribute the entire amount determined under sub. (2) to the commission for deposit
17in the fund. The commission shall ensure in rate-making orders that a utility
18recovers from its ratepayers the amounts spent on programs or contributed to the
19fund under this subsection.
The commission shall allow each utility the option of
20continuing to use, until January 1, 2002, the moneys that it has recovered under s.
21196.374 (3), 1997 stats., to administer the programs that it has funded under s.
22196.374 (1), 1997 stats. The commission may allow each utility to spend additional
23moneys on the programs specified in sub. (2) if the utility otherwise complies with
24the requirements of this section and s. 16.957 (4).
SB55-ASA1-AA1,1032,82
196.374
(4) If the department notifies the commission under s. 16.957 (2) (b)
32. that the department has reduced funding for energy conservation and efficiency
4and renewable resource programs
by an amount that is greater than the portion of
5the public benefits fee specified in s. 16.957 (4) (c) 2., the commission shall
reduce 6make a corresponding reduction in the amount that utilities are required to spend
7on programs or contribute to the fund under sub. (3)
by the portion of the reduction
8that exceeds the amount of public benefits fees specified in s. 16.957 (4) (c) 2.".