Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1020,22 (a) Acquire an interest in, or some or all of the assets of, one or more in-state Wisconsin credit unions.

SB55-ASA1-AA1,1020,23 (b) Merge with one or more in-state Wisconsin credit unions.

SB55-ASA1-AA1, s. 2966 Section 2966. 186.41 (4) (intro.), (a) to (d) and (f) of the statutes are amended to read:

SB55-ASA1-AA1,1021,2 186.41 (4) Limitations. (intro.) A regional An out-of-state credit union may not take any action under sub. (3) until all of the following conditions have been met:

SB55-ASA1-AA1,1021,6 (a) The office of credit unions finds that the statutes of the regional state in which the regional out-of-state credit union has its principal office permit in-state Wisconsin credit unions to both acquire regional out-of-state credit union assets and merge with one or more regional out-of-state credit unions in the regional that state.

SB55-ASA1-AA1,1021,9 (b) The office of credit unions has not disapproved the acquisition of in-state Wisconsin credit union assets or the merger with the in-state Wisconsin credit union under sub. (5).

SB55-ASA1-AA1,1021,18 (c) The 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 office of credit unions on its own motion calls for a hearing within 30 days of the final notice, the office of credit unions holds a public hearing on the application, except that a hearing is not required if the 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 a Wisconsin credit union that is closed or in danger of closing.

SB55-ASA1-AA1,1021,22 (d) The office of credit unions is provided a copy of any original application seeking approval by a federal agency of the acquisition of in-state Wisconsin credit union assets or of the merger with an in-state a Wisconsin credit union and of any supplemental material or amendments filed with the application.

SB55-ASA1-AA1,1021,25 (f) With regard to an acquisition of assets of an in-state a Wisconsin credit union that is chartered on or after May 9, 1986, the in-state Wisconsin credit union has been in existence for at least 5 years before the date of acquisition.

SB55-ASA1-AA1, s. 2967 Section 2967. 186.41 (5) (a), (b), (c) and (cr) of the statutes are amended to read:

SB55-ASA1-AA1,1022,6 186.41 (5) (a) Considering the financial and managerial resources and future prospects of the applicant and of the in-state Wisconsin credit union concerned, the action would be contrary to the best interests of the members of the in-state Wisconsin credit union.

SB55-ASA1-AA1,1022,9 (b) The action would be detrimental to the safety and soundness of the applicant or of the in-state Wisconsin credit union concerned, or to a subsidiary or affiliate of the applicant or of the in-state Wisconsin credit union.

SB55-ASA1-AA1,1022,14 (c) Because the applicant, its executive officers, or directors have not established a record of sound performance, efficient management, financial responsibility, and integrity, the action would be contrary to the best interests of the creditors, the members or, the other customers of the applicant or of the in-state , the Wisconsin credit union, or contrary to the best interests of the public.

SB55-ASA1-AA1,1022,18 (cr) The applicant has failed to propose to provide adequate and appropriate services of the type contemplated by the community reinvestment act of 1977 in the community in which the in-state Wisconsin credit union which the applicant proposes to acquire or merge with is located.

SB55-ASA1-AA1, s. 2968 Section 2968. 186.41 (6) (a) of the statutes is renumbered 186.41 (6).

SB55-ASA1-AA1, s. 2969 Section 2969. 186.41 (6) (b) of the statutes is repealed.

SB55-ASA1-AA1, s. 2970 Section 2970. 186.41 (8) of the statutes is repealed.

SB55-ASA1-AA1, s. 2971 Section 2971. 186.45 of the statutes is created to read:

SB55-ASA1-AA1,1022,24 186.45 Non-Wisconsin credit union, Wisconsin offices. (1) Definitions. In this section:

SB55-ASA1-AA1,1023,2 (a) "Non-Wisconsin credit union" means a credit union organized under the laws of and with its principal office located in a state other than this state.

SB55-ASA1-AA1,1023,3 (b) "Wisconsin credit union" has the meaning given in s. 186.41 (1) (bm).

SB55-ASA1-AA1,1023,8 (2) Approval. A non-Wisconsin credit union may open an office and conduct business as a credit union in this state if the office of credit unions finds that Wisconsin credit unions are allowed to do business in the other state under conditions similar to those contained in this section and that all of the following apply to the non-Wisconsin credit union:

SB55-ASA1-AA1,1023,10 (a) It is a credit union organized under laws similar to the credit union laws of this state.

SB55-ASA1-AA1,1023,11 (b) It is financially solvent based upon national board ratings.

SB55-ASA1-AA1,1023,12 (c) It has member savings insured with federal share insurance.

SB55-ASA1-AA1,1023,14 (d) It is effectively examined and supervised by the credit union authorities of the state in which it is organized.

SB55-ASA1-AA1,1023,16 (e) It has received approval from the credit union authorities of the state in which it is organized.

SB55-ASA1-AA1,1023,18 (f) It has a need to place an office in this state to adequately serve its members in this state.

SB55-ASA1-AA1,1023,20 (g) It meets all other relevant standards or qualifications established by the office of credit unions.

SB55-ASA1-AA1,1023,22 (3) Requirements. A non-Wisconsin credit union shall agree to do all of the following:

SB55-ASA1-AA1,1023,24 (a) Grant loans at rates not in excess of the rates permitted for Wisconsin credit unions.

SB55-ASA1-AA1,1023,25 (b) Comply with this state's laws.

SB55-ASA1-AA1,1024,1 (c) Designate and maintain an agent for the service of process in this state.

SB55-ASA1-AA1,1024,5 (4) Records. As a condition of a non-Wisconsin credit union doing business in this state under this section, the office of credit unions may require copies of examination reports and related correspondence regarding the non-Wisconsin credit union.

SB55-ASA1-AA1, s. 2972 Section 2972. 186.80 of the statutes is created to read:

SB55-ASA1-AA1,1024,8 186.80 False statements. (a) No officer, director, or employee of a credit union may do any of the following:

SB55-ASA1-AA1,1024,10 1. Willfully and knowingly subscribe to or make, or cause to be made, a false statement or entry in the books of the credit union.

SB55-ASA1-AA1,1024,12 2. Knowingly subscribe to or exhibit false information with the intent to deceive any person authorized to examine the affairs of the credit union.

SB55-ASA1-AA1,1024,14 3. Knowingly make, state, or publish any false report or statement of the credit union.

SB55-ASA1-AA1,1024,17 (b) Any person who violates par. (a) may be fined not less than $1,000 nor more than $5,000, or imprisoned for not less than one year nor more than 15 years, or both.".

SB55-ASA1-AA1,1024,18 1530. Page 987, line 25: after that line insert:

SB55-ASA1-AA1,1024,21 "(bm) "Public utility" means a public utility that in 2000, based on data provided by the public utility to the commission, provided retail electric service to customers that had an aggregate load of 1,200 megawatts or more.".

SB55-ASA1-AA1,1024,22 1531. Page 989, line 6: after that line insert:

SB55-ASA1-AA1,1024,23 " Section 2981m. 196.218 (3) (e) of the statutes is amended to read:

SB55-ASA1-AA1,1025,3 196.218 (3) (e) Except as provided in s. 196.196 (2) (d), a A telecommunications provider or other person may not establish a surcharge on customers' bills to collect from customers contributions required under this subsection.".

SB55-ASA1-AA1,1025,4 1532. Page 989, line 6: after that line insert:

SB55-ASA1-AA1,1025,5 " Section 2981Lm. 196.202 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1025,17 196.202 (2) Scope of regulation. A commercial mobile radio service provider is not subject to ch. 201 or this chapter, except as provided in sub. (5), and except that a commercial mobile radio service provider is subject to s. 196.218 (3) to the extent not preempted by federal law. If the application of s. 196.218 (3) to a commercial mobile radio service provider is not preempted if the commission promulgates rules that designate commercial mobile radio service providers as eligible to receive universal service funding under both the federal and state universal service fund programs. If the commission promulgates such rules, a commercial mobile radio service provider shall respond, subject to the protection of the commercial mobile radio service provider's competitive information, to all reasonable requests for information about its operations in this state from the commission necessary to administer the universal service fund.".

SB55-ASA1-AA1,1025,18 1533. Page 989, line 6: after that line insert:

SB55-ASA1-AA1,1025,20 " Section 2981r. 196.218 (3) (a) 3. of the statutes is renumbered 196.218 (3) (a) 3. (intro.) and amended to read:

SB55-ASA1-AA1,1025,24 196.218 (3) (a) 3. (intro.) The commission shall designate the method by which the contributions under this paragraph shall be calculated and collected. The method shall ensure that the contributions are sufficient to generate the following amounts:

SB55-ASA1-AA1,1026,3 a. The amount appropriated under ss. s. 20.155 (1) (q), except that beginning in fiscal year 2003-04 the total amount of contributions in a fiscal year under this subd. 3. a. may not exceed $4,000,000.

SB55-ASA1-AA1,1026,5 b. The amounts appropriated under ss. 20.255 (3) (q), 20.275 (1) (s), (t) and (tm) and 20.285 (1) (q).

SB55-ASA1-AA1,1026,9 3m. Contributions under this paragraph may be based only on the gross operating revenues from the provision of broadcast services identified by the commission under subd. 2. and on intrastate telecommunications services in this state of the telecommunications providers subject to the contribution.".

SB55-ASA1-AA1,1026,10 1534. Page 990, line 6: after that line insert:

SB55-ASA1-AA1,1026,11 " Section 2984q. 196.219 (3m) of the statutes is created to read:

SB55-ASA1-AA1,1026,14 196.219 (3m) Real estate development. (a) In this subsection, "real estate development" means the act of dividing or subdividing any parcel of land for construction or making improvements to facilitate or allow construction.

SB55-ASA1-AA1,1026,20 (b) Except for compensation included in rates for basic local exchange service and business access line and usage service, a telecommunications utility may not require any person to compensate the telecommunications utility for the construction of any facility for the distribution of telecommunications services that is related to any real estate development in the telecommunications utility's service territory.".

SB55-ASA1-AA1,1026,21 1535. Page 992, line 12: after that line insert:

SB55-ASA1-AA1,1026,22 " Section 2996. 196.374 (1) (b) of the statutes is repealed.

SB55-ASA1-AA1, s. 2997 Section 2997. 196.374 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1027,15 196.374 (3) In Except as provided in sub. (3m), in 2000, 2001 and 2002, the commission shall require each utility to spend a decreasing portion of the amount determined under sub. (2) on programs specified in sub. (2) and contribute the remaining portion of the amount to the commission for deposit in the utility public benefits fund. In Except as provided in sub. (3m), in each year after 2002, each utility shall contribute the entire amount determined under sub. (2) to the commission for deposit in the utility public benefits fund. The commission shall ensure in rate-making orders that a utility recovers from its ratepayers the amounts spent on programs or contributed to the utility public benefits fund under this subsection or deposited into the farm rewiring fund under sub. (3m). The commission shall allow each utility the option of continuing to use, until January 1, 2002, the moneys that it has recovered under s. 196.374 (3), 1997 stats., to administer the programs that it has funded under s. 196.374 (1), 1997 stats. The commission may allow each utility to spend additional moneys on the programs specified in sub. (2) if the utility otherwise complies with the requirements of this section and s. 16.957 (4).

SB55-ASA1-AA1, s. 2998 Section 2998. 196.374 (3m) of the statutes is created to read:

SB55-ASA1-AA1,1027,20 196.374 (3m) In fiscal year 2001-02, the first $1,500,000 that is contributed under sub. (3) in that fiscal year shall be deposited in the farm rewiring fund. In fiscal year 2002-03, the first $2,500,000 that is contributed under sub. (3) in that fiscal year shall be deposited in the farm rewiring fund.

SB55-ASA1-AA1, s. 2999 Section 2999. 196.374 (4) of the statutes is amended to read:

SB55-ASA1-AA1,1028,3 196.374 (4) If the department notifies the commission under s. 16.957 (2) (b) 2. that the department has reduced funding for energy conservation and efficiency and renewable resource programs by an amount that is greater than the portion of the public benefits fee specified in s. 16.957 (4) (c) 2., the commission shall reduce the amount that utilities are required to spend on programs or contribute to the utility public benefits fund under sub. (3) by the portion of the reduction that exceeds the amount of public benefits fees specified in s. 16.957 (4) (c) 2.".

SB55-ASA1-AA1,1028,4 1536. Page 992, line 12: after that line insert:

SB55-ASA1-AA1,1028,5 " Section 3001j. 196.491 (1) (c) of the statutes is amended to read:

SB55-ASA1-AA1,1028,7 196.491 (1) (c) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 13001k Section 13001k. 196.491 (2) (b) 5. of the statutes is amended to read:

SB55-ASA1-AA1,1028,10 196.491 (2) (b) 5. Department of natural resources environmental management.".

SB55-ASA1-AA1,1028,11 1537. Page 992, line 12: after that line insert:

SB55-ASA1-AA1,1028,12 " Section 2994g. 196.31 (1) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1028,16 196.31 (1) (intro.) In any proceeding before the commission, the commission shall may compensate any participant in the proceeding who is not a public utility, for some or all of the reasonable costs of participation in the proceeding if the commission finds that:

SB55-ASA1-AA1, s. 2994i Section 2994i. 196.31 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1028,21 196.31 (1) (a) The participation is necessary to provide for the record an adequate presentation of a significant position in which the participant has a substantial interest, and that an adequate presentation would not occur be possible without a grant of compensation; or".

SB55-ASA1-AA1,1028,22 1538. Page 992, line 12: after that line insert:

SB55-ASA1-AA1,1028,23 " Section 3001d. 196.491 (3) (a) 3. a. of the statutes is amended to read:

SB55-ASA1-AA1,1029,11 196.491 (3) (a) 3. a. At least 60 days before a person files an application under subd. 1. for construction of a large electric generating facility, the person shall provide the department with an engineering plan showing the location of the large electric generating facility, a description of the large electric generating facility, including the major components of the large electric generating facility that have a significant air, water or solid waste pollution potential, and a description of the anticipated effects of the large electric generating facility on air and water quality. Within 30 days after a person provides an engineering plan, the department shall provide the person with a listing of each department permit or approval which, on the basis of the information contained in the engineering plan, appears to be required for the construction or operation of the large electric generating facility.".

SB55-ASA1-AA1,1029,12 1539. Page 992, line 12: after that line insert:

SB55-ASA1-AA1,1029,13 " Section 3001d. 196.491 (3) (a) 3. a. of the statutes is amended to read:

SB55-ASA1-AA1,1029,23 196.491 (3) (a) 3. a. At least 60 days before a person files an application under subd. 1., the person shall provide the department with an engineering plan showing the location of the facility, a description of the facility, including the major components of the facility that have a significant air, water, or solid waste pollution potential, and a description of the anticipated effects of the facility on air and water quality and on residential wells. Within 30 days after a person provides an engineering plan, the department shall provide the person with a listing of each department permit or approval which, on the basis of the information contained in the engineering plan, appears to be required for the construction or operation of the facility.

SB55-ASA1-AA1, s. 3001db Section 3001db. 196.491 (3) (a) 3. b. of the statutes is amended to read:

SB55-ASA1-AA1,1030,19 196.491 (3) (a) 3. b. Within 20 days after the department provides a listing specified in subd. 3. a. to a person, the person shall apply for the permits and approvals identified in the listing. The department shall determine whether an application under this subd. 3. b. is complete and, no later than 30 days after the application is filed, notify the applicant about the determination. If the department determines that the application is incomplete, the notice shall state the reason for the determination. An applicant may supplement and refile an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may refile an application under this subd. 3. b. If the department fails to determine whether an application is complete within 30 days after the application is filed, the application shall be considered to be complete. The department shall complete action on an application under this subd. 3. b. for any permit or approval that is required prior to construction of a facility within Within 120 days after the date on which the application is determined or considered to be complete, the department shall complete action on the application for any permit or approval that is required prior to construction of the large electric generating facility and shall determine whether the facility will reduce the availability of water to a residential well or cause a preventive action limit established under s. 160.15 to be exceeded in water produced by a residential well.

SB55-ASA1-AA1, s. 3001p Section 3001p. 196.491 (3) (e) of the statutes is renumbered 196.491 (3) (e) (intro.) and amended to read:

SB55-ASA1-AA1,1031,2 196.491 (3) (e) (intro.) If the application does not meet the criteria under par. (d), the commission shall reject the application or approve the application with such modifications as are necessary for an affirmative finding under par. (d). The commission may not issue a certificate of public convenience and necessity until the for a large electric generating facility unless each of the following is satisfied:

SB55-ASA1-AA1,1031,4 1. The department has issued all permits and approvals identified in the listing specified in par. (a) 3. a. that are required prior to construction.

SB55-ASA1-AA1, s. 3001pt Section 3001pt. 196.491 (3) (e) 2. of the statutes is created to read:

SB55-ASA1-AA1,1031,9 196.491 (3) (e) 2. The department has determined under par. (a) 3. b. that the facility will not reduce the availability of water to a residential well and will not cause a preventive action limit established under s. 160.15 to be exceeded in water produced by a residential well.".