SB436: Bill Text

Note: Deletes improper subdivision designation.

SB436, s. 417 Section 417. 165.93 (1) (b) of the statutes is amended to read:

SB436,162,5 165.93 (1) (b) "Sexual assault" means conduct that is in violation of s. 940.225, 940.227, 948.02, 948.025, 948.03, 948.055, 948.06, 948.07, 948.08, 948.09 or 948.10.

Note: Corrects cross-reference. Section 940.227 was renumbered s. 948.055 by 1993 Wis. Act 218.

SB436, s. 418 Section 418. 168.11 (4) of the statutes is amended to read:

SB436,162,14 168.11 (4) No person may use interchangeably any pipeline, hose, pump or metering device to dispense gasoline (, or a like product of petroleum which has a flash point of less than 100° F. when tested in the Tagliabue closed cup tester) , and to dispense kerosene, diesel fuel or burner fuel oils ( , or a like product of petroleum which has a flash point of 100° F. or more when tested in the Tagliabue closed cup tester), unless such the pipeline, hose, pump or metering device has been sufficiently flushed and cleaned before such the interchanged use to eliminate any contamination of products due to such the interchanged use.

Note: Replaces parentheses and language for greater conformity with current style.

SB436, s. 419 Section 419. 178.01 (2) (c) of the statutes is amended by replacing "incumbrance" with "encumbrance".

Note: Inserts preferred spelling.

SB436, s. 420 Section 420. 182.01 (4) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

SB436,163,16 182.01 (4) Furnish certified copies; fees. The department shall make a copy of any resolution, deed, bond, record, document or paper deposited or kept by the department under this section, upon request, attach a certificate and collect 50 cents per page and $5 for a certificate; if a copy is not to be certified and if the reproduction is performed by the department, then collect a fee to cover the actual and necessary cost of reproduction and actual and necessary cost of transcription required to produce the copy or $2, whichever is greater; also to record any document authorized or required by law to be recorded in the department, and to charge a fee of $1 per page. The fee for certified copies of certificates of incorporations or amendments, licenses of foreign corporations, or similar certificates, and for certificates as to results of search searches of the records and files of the department, when a printed form is used, shall be $5, but when a specially prepared form is required the fee shall be $10. Telegraphic reports as to results of record searches shall be $5 plus the cost of the telegram. The department shall charge and collect for preparing any record or certificate under this subsection in an expeditious manner, an expedited service fee of $25 in addition to the fee otherwise required under this subsection, except that only one expedited service fee may be charged for multiple identical corporation or limited partnership certificates of status if the certificates of status are requested at the same time and issued at the same time.

Note: Inserts correct word form for sentence agreement.

SB436, s. 421 Section 421. 182.34 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 182.34 (7) (a) (intro.) and amended to read:

SB436,163,24 182.34 (7) (a) (intro.) Tolls and license fees authorized under s. 182.33 (2) shall be so fixed and adjusted in respect of the aggregate of tolls of each turnpike project including any extension or section thereof in connection with which the bonds of any issue shall have been issued as to provide a fund sufficient, with other revenue from such the turnpike project or extensions or sections thereof, if any, to pay a) do the following:

SB436,164,3 1. Pay the cost of maintaining, repairing and operating such the turnpike project or extension or section thereof, including the legal liabilities of the corporation, and b).

SB436,164,5 2. Pay the principal of and the interest on such the bonds described in par. (a) (intro.) as the same those bonds shall become due and payable, and to create.

SB436,164,6 3. Create reserve for such the purposes, Such described in subds. 1. and 2.

SB436,164,8 (b) The tolls described in par. (a) (intro.) shall not be subject to supervision or regulation by any commission, board, bureau or agency of the state.

SB436,164,21 (c) The tolls and all other revenues derived from each turnpike project or extensions or sections in connection with which the bonds of any issue shall have been issued, except such part thereof as may be the amount necessary to pay such the costs of maintenance, repair and operation including the legal liabilities of the corporation, described in par. (a) 1. and to provide such reserves therefor as may be provided for in the resolution authorizing the issuance of such the bonds or in the trust agreement securing the same bonds, shall be set aside in a sinking fund at such regular intervals as may be provided for in such the resolution or such trust agreement in a sinking fund which. The sinking fund shall be pledged to and charged with, the payment of the principal of and the interest on such the bonds as the same shall those bonds become due, and the payment of the redemption price and the purchase price of bonds retired by call or purchase as therein provided. Such for in the resolution or trust agreement

SB436,165,4 (d) The pledge of the sinking fund under par. (c) shall be valid and binding from the time when the pledge is made; the. The tolls or other revenues or other moneys so pledged and thereafter received by the corporation shall immediately be subject to the lien of such the pledge without any physical delivery thereof, or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the corporation. All trust agreements and all resolutions relating thereto shall be filed with the department of financial institutions and recorded in the records of the corporation.

Note: Subdivides provision and replaces and reorganizes language for greater readability and conformity with current style.

SB436, s. 422 Section 422. 183.0109 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 4768b, is amended to read:

SB436,165,9 183.0109 (1) (b) The forms prescribed by the department under par. (a) 1. to 3. 4. shall require disclosure of only the information required under ss. 183.1004, 183.1006, 183.1011 and 183.0120, respectively.

Note: 1995 Wis. Act 27, s. 4767, amended s. 183.0109 (1) (b) by changing "3." to "4.". Section 4768b replaced "4." with "3." without strikes or underscores. No change was intended.

SB436, s. 423 Section 423. 183.0120 (1) (intro.), (2) and (4) of the statutes, as affected by 1995 Wisconsin Act 27, section 4798b, are amended to read:

SB436,165,14 183.0120 (1) (intro.) Each domestic limited liability company and each foreign limited liability company registered to transact business in this state shall file with the department an annual report that includes all of the following information:

SB436,165,20 (2) Information in the annual report shall be current as of the date on which the annual report is executed on behalf of a domestic limited liability company or a foreign limited liability company, except that the information required by sub. (1) (e) shall be current as of the close of the domestic limited liability company's or foreign limited liability company's fiscal year immediately before the date by which the annual report is required to be delivered to the department.

SB436,166,2 (4) If an annual report does not contain the information required by this section, the department shall promptly notify the reporting domestic limited liability company or foreign limited liability company in writing and return the report to it for correction.

Note: The stricken language was inserted by 1995 Wis. Act 27, s. 4798b without being shown as underscored. The original governor's budget contained the references to domestic limited liability companies which are stricken here. Those references were subsequently deleted. Section 4798b was added to Act 27 by amendment. That amendment was drafted using the original language, and the references to domestic companies were inadvertently retained.

SB436, s. 424 Section 424. 183.0120 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 4798b, is repealed.

Note: See the note to the treatment of s. 183.0120 (1) (intro.), (2) and (4) by this bill.

SB436, s. 425 Section 425. 183.0120 (3) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 4798b, is renumbered 183.0120 (3).

Note: This provision is renumbered consistent with the treatment by the previous section of this bill.

SB436, s. 426 Section 426. 184.04 of the statutes is renumbered 184.04 (1) (intro.) and amended to read:

SB436,166,12 184.04 (1) (intro.) No securities shall be issued by any public service corporation except for money, property or services actually received by it. The amount of money, and the value of the property or the services to be so received shall be:

SB436,166,13 (a) in In case of stock having a par value, not less than the par value thereof;

SB436,166,15 (b) in In case of stock having no par value, not less than the amount specified in the commission's certificate of authority as the selling price of such the stock; and

SB436,166,18 (c) in In case of evidences of indebtedness, such a sum as that the commission may determine determines to be a reasonable price, but in any event not less than 75% of their face value.

SB436,167,9 (2) The limitations of this section shall not apply to the sale of evidences of indebtedness of a public service corporation by way of enforcement of a pledge of such the evidences of indebtedness, made by the corporation pursuant to a certificate of authority issued by the commission, as security for lawful indebtedness of the corporation; but in all such cases the instrument of pledge shall contain a provision to the effect that none of the pledged securities shall be sold or become the absolute property of the pledgee, either directly or indirectly, except at public sale, notice whereof shall be published as a class 3 notice, under ch. 985, in the place where such the sale shall take place, and further to the effect that the sale shall not be made below the price fixed therefor by the commission in its certificate authorizing the pledging of such the securities.

Note: Subdivides provision and replaces language for greater readability and conformity with current style.

SB436, s. 427 Section 427. 184.06 (1) of the statutes is renumbered 184.06 (1) (a) (intro.) and amended to read:

SB436,167,17 184.06 (1) (a) (intro.) Upon the conclusion of its investigation, if the commission shall find that the proposed issue complies with the provisions of this chapter and that the financial condition, plan of operation and proposed undertakings of the corporation are such as to will afford reasonable protection to purchasers of the securities to be issued, it the commission shall issue to the corporation a certificate of authority stating all of the following:

SB436,167,19 (1). The amount of securities reasonably necessary and the character of the same;( securities.

SB436,167,21 2) the. The purposes for which they the securities are to be issued in such detail as the commission may deem consider necessary; and (.

SB436,168,3 3) the. The terms on which they the securities are to be sold or otherwise disposed of, including a description and a determination of the value of any property or services to be received in partial or full payment therefor; and the.

SB436,168,5 (b) A corporation shall not issue the securities on any other terms or for any other purposes than that stated in such the certificate issued under par. (a).

SB436,168,15 (c) If any portion of the securities authorized by the certificate are evidences of indebtedness which are to be pledged to secure lawful obligations of the applicant, the commission in its certificate shall state the minimum price at which such the securities may be sold in the event of any enforcement of the pledge. If the purpose of the issue is, in whole or in part, to provide funds for properties to be constructed or acquired, the commission may, if it finds that the public interest so requires, require the applicant to impound the proceeds of such the securities, or furnish suitable bonds to guarantee the completion of such the project, under such conditions as that the commission shall find finds to be reasonable and shall specify specifies in the certificate.

Note: Subdivides provision and replaces language for greater readability and conformity with current style.

SB436, s. 428 Section 428. 185.42 (5) of the statutes is amended by replacing "originally or recorded" with "originally filed or recorded".

Note: Reinserts language unintentionally deleted by 1993 Wis. Act 301.

SB436, s. 429 Section 429. 186.29 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended by replacing "incumbrance" with "encumbrance".

Note: Inserts preferred spelling.

SB436, s. 430 Section 430. 192.54 of the statutes is amended to read:

SB436,169,3 192.54 General penalty for this chapter. If any railroad corporation, its officers, agents or servants violate or fail to comply with any provision of this chapter such the corporation shall, for every violation or failure (,unless some other penalty is specifically provided), forfeit not less than ten $10 nor more than one thousand dollars $1,000, and be liable to the person injured for all damages sustained thereby.

Note: Replaces parentheses and replaces word form of numbers with digits for greater conformity with current style.

SB436, s. 431 Section 431. 195.19 (3) of the statutes is amended by replacing "city or village or town" with "city, village or town".

Note: Replaces "or" with comma to correct grammar.

SB436, s. 432 Section 432. 196.52 (4) of the statutes is renumbered 196.52 (4) (a) and amended to read:

SB436,169,14 196.52 (4) (a) In any proceeding, whether upon the commission's own motion or upon application or complaint, involving the rates or practices of any public utility, the commission may exclude from the accounts of the public utility any payment or compensation to or from an affiliated interest for any services rendered or property or service furnished under an existing contract or arrangement with an affiliated interest under sub. (3) (a) unless the public utility establishes the reasonableness of the payment or compensation. In the proceeding the

SB436,169,17 (b) The commission shall disallow the payment or compensation described in par. (a), in whole or in part, in the absence of satisfactory proof that the payment or compensation is reasonable in amount. In the proceeding the

SB436,169,22 (c) The commission may not approve or allow any payment or compensation described in par. (a), in whole or in part, unless satisfactory proof is submitted to the commission of the cost to the affiliated interest of rendering the service or furnishing the property or service to each public utility or of the cost to the public utility of rendering the service or furnishing the property or service to each affiliated interest.

SB436,170,7 (d) No proof shall be satisfactory under this paragraph subsection unless it includes the original (or verified copies) of the relevant cost records and other relevant accounts of the affiliated interest, or an abstract of the records and accounts or a summary taken from the records and accounts if the commission deems the abstract or summary adequate. The accounts shall be properly identified and duly authenticated. The commission, where reasonable, may approve or disapprove a contract or arrangement without submission of the cost records or accounts.

Note: Subdivides provision, deletes parentheses and replaces language for greater readability and conformity with current style.

SB436, s. 433 Section 433. 215.02 (15) (a) 1. b. of the statutes is amended to read:

SB436,170,14 215.02 (15) (a) 1. b. A petition signed by not less than 25 savers in an association, stating that: 1) the association or the officers or directors of the association fail to honor requests for the withdrawal of savings accounts under this chapter; 2),the officers or directors are conducting the business of the association in an unsafe or unauthorized manner; 3) , and by the acts or negligence of officers or directors the funds or assets of the association are or may become impaired.

Note: Deletes improper subdivision designations.

SB436, s. 434 Section 434. 215.32 (6) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended by replacing "incumbrance" with "encumbrance".

Note: Inserts preferred spelling.

SB436, s. 435 Section 435. 215.32 (15) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended by replacing "incumbered" with "encumbered".

Note: Inserts preferred spelling.

SB436, s. 436 Section 436. 218.01 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 5842, is amended to read:

SB436,171,15 218.01 (2) (b) Application for license shall be made to the licensor, at such time, in such form and with such information as the licensor shall require and shall be accompanied by the required fees. An applicant for a sales finance company license, other than a a motor vehicle dealer, shall pay to the commissioner a nonrefundable $300 investigation fee in addition to the license fee under par. (dr). If the cost of an investigation exceeds $300, the applicant shall, upon demand of the commissioner, pay the amount by which the cost of the investigation exceeds the nonrefundable fee. A licensee is not required to pay an investigation fee for the renewal of a license. The licensor may require the applicant to provide information relating to any pertinent matter that is commensurate with the safeguarding of the public interest in the locality in which the applicant proposes to engage in business, except that information relating to the applicant's solvency and financial standing may not be required except as provided in par. (h) 1. The information provided may be considered by the licensor in determining the fitness of the applicant to engage in business as set forth in this section.

Note: Deletes repeated word.

SB436, s. 437 Section 437 . 218.01 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 5843, is amended to read:

SB436,172,8 218.01 (2) (b) Application for license shall be made to the licensor, at such time, in such form and with such information as the licensor shall require and shall be accompanied by the required fees. An applicant for a sales finance company license, other than a a motor vehicle dealer, shall pay to the division of banking a nonrefundable $300 investigation fee in addition to the license fee under par. (dr). If the cost of an investigation exceeds $300, the applicant shall, upon demand of the division of banking, pay the amount by which the cost of the investigation exceeds the nonrefundable fee. A licensee is not required to pay an investigation fee for the renewal of a license. The licensor may require the applicant to provide information relating to any pertinent matter that is commensurate with the safeguarding of the public interest in the locality in which the applicant proposes to engage in business, except that information relating to the applicant's solvency and financial standing may not be required except as provided in par. (h) 1. The information provided may be considered by the licensor in determining the fitness of the applicant to engage in business as set forth in this section.

Note: Deletes repeated word.

SB436, s. 438 Section 438. 218.05 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 218.05 (4) (a) (intro.) and amended to read:

SB436,172,15 218.05 (4) (a) (intro.) If The division shall issue to the applicant qualifying under this section a license to operate a community currency exchange at the location specified in the application. The license shall remain in full force and effect until it is surrendered by the licensee or revoked by the division if the division shall find finds after investigation that all of the applicant (a) following conditions are met:

SB436,172,16 1. The applicant is trustworthy and reputable, (b).

SB436,172,19 2. The applicant has business experience qualifying the applicant to competently conduct, operate, own, or become associated with a community currency exchange, and (c).

SB436,172,24 3. The applicant has a good business reputation and is worthy of a license, the commissioner shall issue to the applicant qualifying hereunder, a license to operate a community currency exchange at the location specified in the application, which license shall remain in full force and effect until it is surrendered by the licensee or revoked by the division.

SB436,173,12 (b) If the division shall not so find finds that the conditions under par. (a) 1. to 3. are not met, the division shall not issue such the license and shall notify the applicant of such the denial, retaining the investigation fee to cover the cost of investigating the applicant. The division shall approve or deny every application within 30 days from the filing thereof. No application shall be denied unless the applicant has had notice of a hearing on said the application and an opportunity to be heard thereon. If the application is denied, the division shall, within 20 days thereafter, prepare and keep on file with the division a written order of denial which shall contain the division's findings with respect thereto and the reasons supporting the denial, and. The division shall mail a copy thereof of the order of denial to the applicant at the address set forth in the application, within 5 days after the filing of such the order.

Note: Subdivides provision and reorders text for greater readability and conformity with current style.

SB436, s. 439 Section 439. 221.04 (1) (n) 1. a. of the statutes is amended to read:

SB436,173,17 221.04 (1) (n) 1. a. At least 25% by area of the real property within 2 miles of the former principal office is either a blighted area, as defined in s. 66.431 (4) (2m) (b), or an area in need of rehabilitation or conservation work within the meaning of s. 66.435 (3) (2m) (b);

Note: Amends cross-reference to correspond with renumbering by this bill.

SB436, s. 440 Section 440. 230.213 of the statutes, as affected by 1995 Wisconsin Act 27, sections 6283 and 6283m, is repealed and recreated to read:

SB436,174,9 230.213 Affirmative action procedures for corrections positions. The administrator may, to meet affirmative action objectives, establish such recruitment, examination and certification procedures for positions in the department of corrections and for positions in juvenile correctional institutions within the department of health and social services as will enable the department of corrections and the department of health and social services to increase the number of employes of a specified gender or a specified racial or ethnic group in those positions. The administrator shall design the procedures to obtain a work force in the department of corrections and in juvenile correctional institutions within the department of health and social services that reflects the relevant labor pool. The administrator may determine the relevant labor pool from the population of the state or of a particular geographic area of the state, whichever is more appropriate for achieving the affirmative action objective.

Note: 1995 Wis. Act 27, ss. 6283 and 6283m both treat s. 230.213, stats., effective on the day after publication. The treatment by s. 6283m was for the purpose of transferring youth corrections functions from the department of health and social services to the department of corrections. Section 9426 (19t) of Act 27 provides for this transfer to be made effective 7-1-96. Through an error s. 230.13, stats., and not s. 230.213, stats., was included in s. 9426 (19t). This section recreates s. 230.213 in accordance with s. 6283 effective immediately. The following section of this bill recreates the repeal and recreation of s. 230.213 by s. 6283m, effective 7-1-96.