Amendment CA1-SSA1-SB55

SB55-SSA1-CA1, s. 2923r Section 2923r. 181.1620 (2) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,745,9 181.1620 (2) (intro.) Accountant's Certified public accountant's report or officer's statement. If annual financial statements are reported upon by a certified public accountant licensed or certified under ch. 442, the certified public accountant's report must accompany them. If not, the statements must be accompanied by a statement of the president or the person responsible for the corporation's financial accounting records that includes all of the following:".

SB55-SSA1-CA1,745,10 1283. Page 985, line 9: after that line insert:

SB55-SSA1-CA1,745,11 " Section 2932m. 185.363 (2) of the statutes is amended to read:

SB55-SSA1-CA1,745,14 185.363 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other persons as to matters the director or officer believes in good faith are within the person's professional or expert competence.".

SB55-SSA1-CA1,745,15 1284. Page 985, line 9: after that line insert:

SB55-SSA1-CA1,745,16 " Section 2932h. 185.61 (1) of the statutes is amended to read:

SB55-SSA1-CA1,745,19 185.61 (1) (a) If otherwise lawful, any 2 or more associations may merge or consolidate under this chapter or under the law of the state where the surviving or new association will exist.

SB55-SSA1-CA1,746,2 (b) Before a cooperative may merge or consolidate with any other association, a written plan of merger or consolidation shall be prepared by the board or by a committee selected by the board or the members for that purpose. The plan shall set forth all the terms of the merger or consolidation, including any provisions for abandonment of the plan, and the proposed effect of the plan on all members and stockholders of the cooperative, including the treatment of the equity interest of the members upon merger or consolidation.

SB55-SSA1-CA1,746,4 (c) In case of consolidation, the plan of consolidation shall also contain the articles of the new association.

SB55-SSA1-CA1, s. 2932r Section 2932r. 185.62 (5) of the statutes is created to read:

SB55-SSA1-CA1,746,17 185.62 (5) The surviving association, in the case of a merger, or the new association, in the case of consolidation, shall prepare an annual report on the implementation of any provision in the plan of merger or consolidation relating to the equity interest of any member that was affected by the merger or consolidation. The report shall be kept in the principal office of the surviving association, in the case of a merger, or in the principal office of the new association, in the case of consolidation, and shall be available for inspection by any member whose equity interest was affected by the merger or consolidation. The surviving association, in the case of a merger, or the new association, in the case of consolidation, shall prepare the report until such time that the implementation of any provision in the plan of merger or consolidation relating to the equity interest of any member that was affected by the merger or consolidation is complete.".

SB55-SSA1-CA1,746,18 1285. Page 985, line 9: after that line insert:

SB55-SSA1-CA1,746,19 " Section 2928r. 183.0114 (1) (w) of the statutes is amended to read:

SB55-SSA1-CA1,746,22 183.0114 (1) (w) Annual report of a foreign limited liability company, $50 that is submitted to the department by authorized electronic means, $65; annual report submitted to the department on paper, $80.".

SB55-SSA1-CA1,746,23 1286. Page 985, line 20: after that line insert:

SB55-SSA1-CA1,746,24 " Section 2972k. 194.01 (7) of the statutes is amended to read:

SB55-SSA1-CA1,747,3 194.01 (7) "Motor vehicle" means any automobile, truck, trailer, semitrailer, tractor, motor bus or any self-propelled or motor driven vehicle, except a low-speed vehicle, motorcycle, moped, motor bicycle or a vehicle operated on rails.".

SB55-SSA1-CA1,747,4 1287. Page 985, line 20: after that line insert:

SB55-SSA1-CA1,747,5 " Section 2943m. 186.094 (2) of the statutes is amended to read:

SB55-SSA1-CA1,747,8 186.094 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other persons as to matters the director or officer believes in good faith are within the person's professional or expert competence.

SB55-SSA1-CA1, s. 2952m Section 2952m. 186.15 (1) of the statutes is amended to read:

SB55-SSA1-CA1,747,13 186.15 (1) Annual audit. Except as provided in sub. (2), the board of directors shall hire a licensed certified public accountant licensed or certified under ch. 442 or other qualified person to conduct a comprehensive annual audit of the records, accounts and affairs of the credit union.

SB55-SSA1-CA1, s. 2972d Section 2972d. 187.31 (2) of the statutes is amended to read:

SB55-SSA1-CA1,747,18 187.31 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other professional persons or experts employed by the incorporated Roman Catholic church, as to matters the director or officer believes in good faith are within the person's professional or expert competence.

SB55-SSA1-CA1, s. 2972g Section 2972g. 187.41 (2) of the statutes is amended to read:

SB55-SSA1-CA1,747,23 187.41 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other professional persons or experts employed by the religious organization, as to matters the director or officer believes in good faith are within the person's professional or expert competence.".

SB55-SSA1-CA1,747,24 1288. Page 985, line 20: after that line insert:

SB55-SSA1-CA1,748,1 " Section 2972b. 196.01 (5) (b) 6. of the statutes is created to read:

SB55-SSA1-CA1,748,6 196.01 (5) (b) 6. A person that owns an electric generating facility or improvement to an electric generating facility that is subject to a leased generation contract, as defined in s. 196.52 (9) (a) 3., unless the person furnishes, directly to the public, telecommunications or sewer service, heat, light, water or power or, by means of pipes or mains, natural gas.".

SB55-SSA1-CA1,748,8 1289. Page 987, line 17: delete the material beginning with that line and ending with page 989, line 3.

SB55-SSA1-CA1,748,9 1290. Page 989, line 6: after that line insert:

SB55-SSA1-CA1,748,10 " Section 2981m. 196.208 (5p) of the statutes is created to read:

SB55-SSA1-CA1,748,11 196.208 (5p) Toll-free calls answered by prisoners. (a) In this subsection:

SB55-SSA1-CA1,748,12 1. "Charitable organization" has the meaning given in s. 440.41 (1).

SB55-SSA1-CA1,748,13 2. "Prisoner" has the meaning given in s. 134.73 (1) (b).

SB55-SSA1-CA1,748,17 (b) If a prisoner is employed directly or indirectly by a charitable organization or toll-free service vendor to answer calls made to the charitable organization or toll-free service vendor, the prisoner shall do all of the following immediately upon answering a call:

SB55-SSA1-CA1,748,18 1. Identify himself or herself by name.

SB55-SSA1-CA1,748,19 2. State that he or she is a prisoner.

SB55-SSA1-CA1,748,21 3. Inform the calling party of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located.

SB55-SSA1-CA1,748,24 (c) A charitable organization or toll-free service vendor that directly or indirectly employs a prisoner shall provide reasonable supervision of the prisoner to assure the prisoner's compliance with par. (b).

SB55-SSA1-CA1, s. 2981p Section 2981p. 196.208 (10) (a) of the statutes is amended to read:

SB55-SSA1-CA1,749,6 196.208 (10) (a) Subsections (2) to (5) apply to any pay-per-call service that a caller may access by a call originating in this state and sub. subs. (5p) and (5t) applies apply to any charitable organization, toll-free service vendor, or employee of a charitable organization or toll-free service vendor that a caller may access by a call originating in this state.

SB55-SSA1-CA1, s. 2981r Section 2981r. 196.208 (11) (d) of the statutes is renumbered 196.208 (11) (d) 1. and amended to read:

SB55-SSA1-CA1,749,11 196.208 (11) (d) 1. Any Except as provided in subd. 2., any person who violates subs. (2) to (9) shall be required to forfeit not less than $25 nor more than $5,000 for each offense.

SB55-SSA1-CA1,749,14 3. Forfeitures under this paragraph subds. 1. and 2. shall be enforced by action on behalf of the state by the department of justice or, upon informing the department of justice, by the district attorney of the county where the violation occurs.

SB55-SSA1-CA1, s. 2981s Section 2981s. 196.208 (11) (d) 2. of the statutes is created to read:

SB55-SSA1-CA1,749,17 196.208 (11) (d) 2. a. A prisoner who violates sub. (5p) (b) may be required to forfeit not more than $500.

SB55-SSA1-CA1,749,22 b. A person who employs a prisoner to answer calls made to a toll-free telephone number may be required to forfeit not more than $10,000 if the person violates sub. (5p) (c), aids and abets a prisoner's violation of sub. (5p) (b), is a party to a conspiracy with a prisoner to commit a violation of sub. (5p) (b), or advises, hires, or counsels or otherwise procures a prisoner to commit a violation of sub. (5p) (b).".

SB55-SSA1-CA1,749,23 1291. Page 989, line 6: after that line insert:

SB55-SSA1-CA1,749,24 " Section 2981Lm. 196.202 (2) of the statutes is amended to read:

SB55-SSA1-CA1,750,12 196.202 (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-SSA1-CA1,750,13 1292. Page 989, line 6: after that line insert:

SB55-SSA1-CA1,750,15 " Section 2981r. 196.218 (3) (a) 3. of the statutes is renumbered 196.218 (3) (a) 3. (intro.) and amended to read:

SB55-SSA1-CA1,750,19 196.218 (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-SSA1-CA1,750,24 a. The amount appropriated under ss. s. 20.155 (1) (q), except that in fiscal year 2003-04 the total amount of contributions in that fiscal year under this subd. 3. a. may not exceed $5,000,000 and except that beginning in fiscal year 2004-05 the total amount of contributions in a fiscal year under this subd. 3. a. may not exceed $6,000,000.

SB55-SSA1-CA1,751,2 b. The amounts appropriated under ss. 20.255 (3) (q), 20.275 (1) (s), (t) and (tm) and 20.285 (1) (q).

SB55-SSA1-CA1,751,6 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-SSA1-CA1,751,7 1293. Page 989, line 8: delete "(7)" and substitute "(7)".

SB55-SSA1-CA1,751,8 1294. Page 989, line 17: after that line insert:

SB55-SSA1-CA1,751,9 " Section 2983m. 196.218 (5) (a) 10. of the statutes is created to read:

SB55-SSA1-CA1,751,12 196.218 (5) (a) 10. To make the grant awarded by the technology for educational achievement in Wisconsin board to the Racine Unified School District under s. 44.72 (3).".

SB55-SSA1-CA1,751,13 1295. Page 992, line 12: after that line insert:

SB55-SSA1-CA1,751,15 " Section 3001b. 196.491 (1) (w) of the statutes is renumbered 196.491 (1) (w) 1., and 196.491 (1) (w) 1. (intro.), as renumbered, is amended to read:

SB55-SSA1-CA1,751,19 196.491 (1) (w) 1. (intro.) "Wholesale merchant plant" means, except as provided in subd. 2., electric generating equipment and associated facilities located in this state that do not provide service to any retail customer and that are owned and operated by any of the following:

SB55-SSA1-CA1, s. 3001d Section 3001d. 196.491 (1) (w) 2. of the statutes is created to read:

SB55-SSA1-CA1,751,23 196.491 (1) (w) 2. "Wholesale merchant plant" does not include an electric generating facility or an improvement to an electric generating facility that is subject to a leased generation contract, as defined in s. 196.52 (9) (a) 3.".

SB55-SSA1-CA1,751,24 1296. Page 993, line 12: after that line insert:

SB55-SSA1-CA1,752,1 " Section 3001p. 196.496 of the statutes is created to read:

SB55-SSA1-CA1,752,6 196.496 Distributed generation facilities. (1) Definition. In this section, "distributed generation facility" means a facility for the generation of electricity with a capacity of no more than 15 megawatts that is located near the point where the electricity will be used or is in a location that will support the functioning of the electric power distribution grid.

SB55-SSA1-CA1,752,12 (2) Rules. The commission shall promulgate rules establishing standards for the connection of distributed generation facilities to electric distribution facilities. To the extent technically feasible and cost effective, the standards shall be uniform and shall promote the development of distributed generation facilities. The standards shall address engineering, electric reliability, and safety concerns and the methods for determining charges for interconnection.".

SB55-SSA1-CA1,752,13 1297. Page 995, line 10: after that line insert:

SB55-SSA1-CA1,752,14 " Section 3007m. 121.06 (4) of the statutes is amended to read:

SB55-SSA1-CA1,752,18 121.06 (4) For purposes of computing state aid under s. 121.08, equalized valuations calculated under sub. (1) and certified under sub. (2) shall include the full value of computers property that are is exempt under s. 70.11 (39) and (39m) as determined under s. 79.095 (3).".

SB55-SSA1-CA1,752,20 1298. Page 995, line 11: delete the material beginning with that line and ending with page 998, line 17, and substitute:

SB55-SSA1-CA1,752,21 " Section 3008mc. 196.52 (9) of the statutes is created to read:

SB55-SSA1-CA1,752,22 196.52 (9) (a) In this subsection:

SB55-SSA1-CA1,752,23 1. "Electric generating equipment" means any of the following:

SB55-SSA1-CA1,752,24 a. An electric generator.

SB55-SSA1-CA1,753,2 b. A machine that drives an electric generator, including an engine, turbine, water wheel, or wind mill.

SB55-SSA1-CA1,753,5 c. Equipment that converts a fuel or source of energy into energy that powers a machine that drives an electric generator, including a boiler, but not including a nuclear reactor.

SB55-SSA1-CA1,753,6 d. A fuel or photovoltaic cell.

SB55-SSA1-CA1,753,9 2. "Electric generating facility" means electric generating equipment and associated facilities that, together, constitute a complete facility for the generation of electricity.

SB55-SSA1-CA1,753,14 3. "Leased generation contract" means a contract or arrangement or set of contracts or arrangements under which an affiliated interest of a public utility agrees with the public utility to construct or improve an electric generating facility and to lease to the public utility land and the facility for operation by the public utility.

SB55-SSA1-CA1,753,16 (b) The commission may approve a leased generation contract under sub. (3) only if all of the following apply:

SB55-SSA1-CA1,753,19 1. The commission has not issued a certificate under s. 196.49 or a certificate of public convenience and necessity under s. 196.491 (3) before January 1, 2002, for any construction or improvement that is subject to the leased generation contract.

SB55-SSA1-CA1,753,21 2. Construction or improvement of the electric generating facility that is subject to the leased generation contract commences on or after January 1, 2002.

SB55-SSA1-CA1,753,24 3. Except as provided in s. 196.795 (5) (k) 3., no electric generating facility, electric generating equipment, or associated facilities, held or used by the public utility for the provision of electric service, is transferred to the affiliated interest.

SB55-SSA1-CA1,754,2 4. The estimated gross cost of the construction or improvement that is subject to the leased generation contract is at least $10,000,000.