Amendment ASA1-AB40

AB40-ASA1,1055,17 181.0203 (3) Notification of reporting requirements. Upon filing articles of incorporation of a corporation, the department shall inform the corporation of the reporting requirements under s. 440.42 202.12 for charitable organizations that solicit contributions.

AB40-ASA1,1975 Section 1975. 181.1421 (2) (b) of the statutes is amended to read:

AB40-ASA1,1055,23 181.1421 (2) (b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40-ASA1,1976 Section 1976. 181.1421 (3) (d) of the statutes is amended to read:

AB40-ASA1,1056,3 181.1421 (3) (d) If the notice is published as a class 1 notice, under ch. 985, the effective date set under ch. 985 for the notice posted on the department's Internet site, the date of posting.

AB40-ASA1,1976m Section 1976m. 181.1440 of the statutes is amended to read:

AB40-ASA1,1056,14 181.1440 Deposit with state treasurer secretary of revenue. Assets of a dissolved corporation that should be transferred to a creditor, claimant, or member of the corporation who cannot be found or who is not competent to receive them, shall be reduced to cash subject to known trust restrictions and deposited with the state treasurer secretary of revenue for safekeeping. However, in the state treasurer's secretary's discretion property may be received and held in kind. When the creditor, claimant, or member furnishes satisfactory proof of entitlement to the amount deposited or property held in kind, the state treasurer secretary of revenue shall deliver to the creditor, member or other person or his or her representative that amount or property.

AB40-ASA1,1977 Section 1977. 181.1531 (2g) (b) of the statutes is amended to read:

AB40-ASA1,1056,20 181.1531 (2g) (b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40-ASA1,1978 Section 1978. 181.1622 (1) (intro.) of the statutes is amended to read:

AB40-ASA1,1057,4 181.1622 (1) Content. (intro.) Each domestic corporation and each foreign corporation authorized to transact business in this state shall file with the department an annual report under this section. The department shall forward by 1st class mail a report form to every corporation that has filed an annual report during the past 2 years. The department shall mail the report form no later than 60 days before the date on which the corporation is required by this chapter to file an annual report. The annual report shall include that includes all of the following information:

AB40-ASA1,1978d Section 1978d. 182.017 (1g) (b) 1. of the statutes is amended to read:

AB40-ASA1,1057,9 182.017 (1g) (b) 1. A domestic corporation, limited liability company, partnership, or other business entity organized to furnish telegraph or telecommunications service or transmit heat, power, or electric current to the public or for public purposes.

AB40-ASA1,1978h Section 1978h. 182.017 (1g) (bm) of the statutes is created to read:

AB40-ASA1,1057,14 182.017 (1g) (bm) "Municipal regulation" means any contract, ordinance, resolution, order, or other regulation entered into, enacted, or issued by a municipality before, on, or after the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1,1978p Section 1978p. 182.017 (8) (a) of the statutes is amended to read:

AB40-ASA1,1057,25 182.017 (8) (a) Upon complaint by a company that a regulation by a municipality under sub. (1r) is unreasonable, the commission shall set a hearing and, if the commission finds that the regulation is unreasonable, the regulation shall be void. If Subject to pars. (am) to (c), if the commission determines that a municipal regulation that was in effect on January 1, 2007, and immediately prior to January 9, 2008, or that a community standard, as demonstrated through consistent practice and custom in the municipality, that was in effect on January 1, 2007, and immediately prior to January 9, 2008, is substantially the same as the municipal regulation complained of, there is a rebuttable presumption that the latter regulation is reasonable.

AB40-ASA1,1978t Section 1978t. 182.017 (8) (as) of the statutes is created to read:

AB40-ASA1,1058,4 182.017 (8) (as) Notwithstanding sub. (2), a municipal regulation is unreasonable if it requires a company to pay any part of the cost to modify or relocate the company's facilities to accommodate an urban rail transit system.

AB40-ASA1,1980 Section 1980. 183.09025 (2) (b) of the statutes is amended to read:

AB40-ASA1,1058,10 183.09025 (2) (b) Within 60 days after the date on which the notice is received or the date on which the class 1 notice under par. (d) is published posted, the limited liability company shall correct each ground for dissolution or demonstrate to the reasonable satisfaction of the department that each ground determined by the department does not exist.

AB40-ASA1,1981 Section 1981. 183.09025 (2) (d) of the statutes is amended to read:

AB40-ASA1,1058,17 183.09025 (2) (d) If a notice under par. (a) or (c) is returned to the department as undeliverable, the department shall again mail the notice to the limited liability company as provided under that paragraph. If the notice is again returned to the department as undeliverable, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40-ASA1,1982 Section 1982. 183.1021 (2g) (b) of the statutes is amended to read:

AB40-ASA1,1058,23 183.1021 (2g) (b) If the notice under par. (a) is returned to the department as undeliverable or if the foreign limited liability company's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40-ASA1,1982d Section 1982d. 185.75 (2) of the statutes is amended to read:

AB40-ASA1,1059,6 185.75 (2) Assets distributable in the course of the liquidation of a cooperative that remain unclaimed after one year may be reported and delivered to the state treasurer secretary of revenue as provided under ch. 177. Assets distributable in the course of the liquidation of a cooperative that are not forfeited under sub. (1) and that remain unclaimed after 5 years shall be reported and delivered to the state treasurer secretary of revenue under ch. 177.

AB40-ASA1,1982h Section 1982h. 186.235 (11) (p) 3. of the statutes is amended to read:

AB40-ASA1,1059,16 186.235 (11) (p) 3. One year after the date of the order for final distribution, the office of credit unions shall report and deliver to the state treasurer secretary of revenue all unclaimed funds as provided in ch. 177. All claims subsequently arising shall be presented to the office of credit unions. If the office of credit unions determines that any claim should be allowed, the office shall certify to the department of administration the name and address of the person entitled to payment and the amount of the payment and shall attach the claim to the certificate. The department of administration shall certify the claim to the state treasurer secretary of revenue for payment.

AB40-ASA1,1982p Section 1982p. 193.735 (1) (intro.) of the statutes is amended to read:

AB40-ASA1,1059,23 193.735 (1) Alternate procedure to distribute property. (intro.) Notwithstanding s. 177.17 (4) (a) 2. and (b), a cooperative may distribute any property required to be reported under s. 177.17 (1) to an entity that is exempt from taxation under section 501 (a) of the Internal Revenue Code. A cooperative making a distribution under this subsection shall file all of the following with the state treasurer secretary of revenue before making the distribution:

AB40-ASA1,1982t Section 1982t. 193.905 (4) (b) of the statutes is amended to read:

AB40-ASA1,1060,3 193.905 (4) (b) Assets distributable in the course of the dissolution of a cooperative that are not forfeited under par. (a) shall be reported and delivered to the state treasurer secretary of revenue as provided under ch. 177.

AB40-ASA1,1989 Section 1989. 196.208 (5p) (a) 1. of the statutes is amended to read:

AB40-ASA1,1060,6 196.208 (5p) (a) 1. "Charitable organization" has the meaning given in s. 440.41 202.11 (1).

AB40-ASA1,1989b Section 1989b. 196.504 of the statutes is created to read:

AB40-ASA1,1060,8 196.504 Broadband expansion grant program. (1) In this section:

AB40-ASA1,1060,9 (a) "Eligible applicant" means any of the following:

AB40-ASA1,1060,10 1. An organization operated for profit or not for profit, including a cooperative.

AB40-ASA1,1060,11 2. A telecommunications utility.

AB40-ASA1,1060,13 3. A city, village, town, or county that submits an application in partnership with an eligible applicant under subd. 1. or 2.

AB40-ASA1,1060,14 (b) "Underserved" means served by fewer than 2 broadband service providers.

AB40-ASA1,1060,16 (2) The commission shall administer the broadband expansion program and shall have the following powers:

AB40-ASA1,1060,20 (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under par. (d). Grants awarded under this section shall be paid from the appropriation under s. 20.155 (3) (g).

AB40-ASA1,1060,25 (b) To prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section. The application shall require the applicant to identify the area of the state that will be affected by the proposed project and explain how the proposed project will increase broadband access.

AB40-ASA1,1061,7 (c) To establish criteria for evaluating applications and awarding grants under this section. The criteria shall prohibit grants that have the effect of subsidizing the expenses of a telecommunication provider or the monthly bills of telecommunications customers. The criteria shall give priority to projects that include matching funds, that involve public-private partnerships, that affect areas with no broadband service providers, or that affect a large geographic area or a large number of underserved individuals or communities.

AB40-ASA1,1061,8 (d) To designate areas of the state that are underserved as underserved areas.

AB40-ASA1,1989c Section 1989c. 196.58 (1) of the statutes is renumbered 196.58 (1r), and 196.58 (1r) (a) and (c), as renumbered, are amended to read:

AB40-ASA1,1061,17 196.58 (1r) (a) Determine by contract, ordinance or resolution municipal regulation the quality and character of each kind of product or service to be furnished or rendered by any public utility within the municipality and all other terms and conditions, consistent with this chapter and ch. 197, upon which the public utility may be permitted to occupy the streets, highways or other public places within the municipality. The contract, ordinance or resolution municipal regulation shall be in force and on its face reasonable.

AB40-ASA1,1061,19 (c) Provide a penalty for noncompliance with the provisions of any ordinance or resolution municipal regulation adopted under this subsection.

AB40-ASA1,1989g Section 1989g. 196.58 (1g) of the statutes is created to read:

AB40-ASA1,1061,22 196.58 (1g) In this section, "municipal regulation" has the meaning given in s. 182.017 (1g) (bm).

AB40-ASA1,1989L Section 1989L. 196.58 (4) of the statutes is renumbered 196.58 (4) (a) and amended to read:

AB40-ASA1,1062,5 196.58 (4) (a) Upon complaint made by a public utility or by any qualified complainant under s. 196.26, the commission shall set a hearing and if it finds a contract, ordinance or resolution municipal regulation under sub. (1) (1r) to be unreasonable, the contract, ordinance or resolution municipal regulation shall be void.

AB40-ASA1,1989p Section 1989p. 196.58 (4) (b) of the statutes is created to read:

AB40-ASA1,1062,13 196.58 (4) (b) Notwithstanding any provision of this chapter, upon complaint by a telecommunications provider, including an alternative telecommunications utility, or a video service provider, the commission shall set a hearing and, if it finds to be unreasonable any municipal regulation relating to any product or service rendered by any such provider within a municipality or relating to the terms and conditions upon which such provider occupies the streets, highways, or other public places within the municipality, the municipal regulation shall be void.

AB40-ASA1,1989t Section 1989t. 196.58 (4) (c) of the statutes is created to read:

AB40-ASA1,1062,19 196.58 (4) (c) Notwithstanding s. 182.017 (2), a municipal regulation is unreasonable under par. (a) or (b) if it requires a public utility, telecommunications provider, or video service provider to pay any part of the cost to modify or relocate the public utility's, telecommunications provider's, or video service provider's facilities to accommodate an urban rail transit system, as defined in s. 182.017 (1g) (ct).

AB40-ASA1,1989x Section 1989x. 196.58 (6) of the statutes is amended to read:

AB40-ASA1,1063,6 196.58 (6) No public utility furnishing and selling gaseous fuel or undertaking to furnish or sell gaseous fuel in a municipality where the fuel has not been sold previously to the public shall change the character or kind of fuel by substituting for manufactured gas any natural gas or any mixture of natural and manufactured gas for distribution and sale in any municipality, or undertake the sale of natural gas in any municipality where no gaseous fuel was previously sold, unless the governing body of the municipality, by authorization, passage or adoption of appropriate contract, ordinance or resolution municipal regulation, approves and authorizes the change in fuel or commencement of sale. No contract, ordinance or resolution municipal regulation enacted under this subsection may be inconsistent or in conflict with any certificate granted under s. 196.49.

AB40-ASA1,1990 Section 1990. Chapter 202 of the statutes is created to read:

AB40-ASA1,1063,8 chapter 202

AB40-ASA1,1063,12 regulation of professional employer organizations and the solicitation of funds for a charitable purpose

AB40-ASA1,1063,13 Subchapter i

AB40-ASA1,1063,14 general provisions

AB40-ASA1,1063,15 202.01 Definitions. In this subchapter:

AB40-ASA1,1063,16 (1) "Applicant" means any of the following:

AB40-ASA1,1063,17 (a) A person applying to the department for an initial registration.

AB40-ASA1,1063,18 (b) A person applying to the department for renewal of a registration.

AB40-ASA1,1063,19 (2) "Controlling person" has the meaning given in 202.21 (3).

AB40-ASA1,1063,20 (3) "Department" means the department of financial institutions.

AB40-ASA1,1063,22 (4) "Registrant" means a person who is registered under ss. 202.12 to 202.14 or 202.22.

AB40-ASA1,1063,24 (5) "Registration" means a registration the department issues under ss. 202.12 to 202.14 or 202.22.

AB40-ASA1,1064,4 202.02 General duties and powers. (1) The department may issue subpoenas for the attendance of witnesses and the production of documents or other materials prior to the commencement of a disciplinary or other proceeding under this chapter.

AB40-ASA1,1064,7 (2) The department shall establish the content and form of each type of registration. Upon the request of a registrant and payment of a $10 fee, the department may issue to a registrant a wall certificate.

AB40-ASA1,1064,8 (3) The department may require a registrant to do any of the following:

AB40-ASA1,1064,10 (a) Display the registrant's certificate of registration in a conspicuous place in the registrant's office or place of business.

AB40-ASA1,1064,12 (b) Post a notice in a conspicuous place in the registrant's office or place of business describing the procedures for filing a complaint against the registrant.

AB40-ASA1,1064,16 (4) (a) The department shall require each applicant to provide his or her social security number with the applicant's application for a registration or registration renewal, or, if the applicant is not an individual, the department shall require the applicant to provide its federal employer identification number.

AB40-ASA1,1064,21 (b) If an applicant is an individual who does not have a social security number, the applicant shall submit a statement to the department made or subscribed under oath that the applicant does not have a social security number. The department of children and families shall prescribe the form of the statement. A registration issued in reliance upon a false statement submitted under this paragraph is invalid.

AB40-ASA1,1064,25 (c) The department may not disclose a social security number obtained under par. (a) to any person except the department of children and families to administer s. 49.22 and the department of revenue to request certifications under s. 73.0301 and administer state taxes.

AB40-ASA1,1065,4 (5) The department shall cooperate with the departments of justice, health services, and children and families to develop and maintain a computer linkup to provide access to information regarding the current status of a registration, including whether the registration has been restricted in any way.

AB40-ASA1,1065,11 (6) (a) The department may conduct an investigation to determine whether an applicant satisfies any of the eligibility requirements specified for the registration, including whether the applicant does not have an arrest or conviction record. In conducting an investigation under this paragraph, the department may require an applicant to provide any information that is necessary for the investigation, except that, for an investigation of an arrest or conviction record, the department shall comply with the requirements under par. (d).

AB40-ASA1,1065,14 (b) A registrant who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction.

AB40-ASA1,1065,16 (c) The department may investigate whether an applicant or registrant has been charged with or convicted of a crime.

AB40-ASA1,1065,19 (d) 1. Except as provided in subd. 2., the department may not require that an applicant or registrant be fingerprinted or submit fingerprints in connection with a registration.

AB40-ASA1,1065,25 2. The department may require a person for whom the department conducts an investigation under par. (c) to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may submit the fingerprint cards to the federal bureau of investigation to verify the identity of the persons fingerprinted and obtain records of their criminal arrests and convictions.

AB40-ASA1,1066,2 (e) The department shall charge an applicant the fees, costs, or other expenses the department incurs for conducting an investigation under this subsection.

AB40-ASA1,1066,5 (7) The department may require the electronic submission of an application for registration or registration renewal or any other document or information that may be submitted to the department under this chapter.