Administration
The bill specifies UCA filing fees and permits DFI to assess a larger fee by rule
for documents filed in paper format. Also, if a UCA makes an erroneous filing, DFI
may revoke and expunge the filing and authorize a curative filing. Under the bill,
DFI must charge a $500 fee for any such curative filing.
Statutory references
The bill makes numerous changes to the statutes to incorporate references to
UCA's in provisions that currently refer to cooperatives.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1186, s. 1
1Section
1. 11.29 (1) of the statutes is amended to read:
AB1186,24,102
11.29
(1) Nothing in this chapter restricts any corporation, cooperative
,
3unincorporated cooperative association, or voluntary association other than a
4political party or personal campaign committee from making disbursements for the
5purpose of communicating only with its members, shareholders or subscribers to the
6exclusion of all other persons, with respect to endorsements of candidates, positions
7on a referendum or explanation of its views or interests, without reporting such
8activity. No such corporation, cooperative
, or
voluntary association may solicit
9contributions from persons who are not members, shareholders or subscribers to be
10used for such purposes.
AB1186, s. 2
11Section
2. 11.29 (4) of the statutes is amended to read:
AB1186,24,1612
11.29
(4) For purposes of this section, the members of a local or regional
13cooperative
or unincorporated cooperative association are deemed to be members of
14a state cooperative
or unincorporated cooperative association if the local or regional
15cooperative
or unincorporated cooperative association is a member of the state
16cooperative
or unincorporated cooperative association.
AB1186, s. 3
17Section
3. 11.38 (1) (a) 1. of the statutes is amended to read:
AB1186,25,218
11.38
(1) (a) 1. No foreign or domestic corporation, or association organized
19under ch. 185
or 193, may make any contribution or disbursement, directly or
20indirectly, either independently or through any political party, committee, group,
1candidate or individual for any purpose other than to promote or defeat a
2referendum.
AB1186, s. 4
3Section
4. 11.38 (2) (b) of the statutes is amended to read:
AB1186,25,84
11.38
(2) (b) This section does not prohibit the publication of periodicals by a
5corporation
or, a cooperative
, or an unincorporated cooperative association in the
6regular course of its affairs which advise the members, shareholders or subscribers
7of the disadvantages or advantages to their interests of the election to office of
8persons espousing certain measures, without reporting such activity.
AB1186, s. 5
9Section
5. 11.38 (8) (a) of the statutes is amended to read:
AB1186,25,1310
11.38
(8) (a) A corporation or association organized under ch. 185
or 193 which
11accepts contributions or makes disbursements for the purpose of influencing the
12outcome of a referendum is a political group and shall comply with s. 11.23 and other
13applicable provisions of this chapter.
AB1186,26,216
11.38
(8) (b) Except as authorized in s. 11.05 (12) (b) and (13), prior to making
17any disbursement on behalf of a political group which is promoting or opposing a
18particular vote at a referendum and prior to accepting any contribution or making
19any disbursement to promote or oppose a particular vote at a referendum, a
20corporation or association organized under ch. 185
or 193 shall register with the
21appropriate filing officer specified in s. 11.02 and appoint a treasurer. The
22registration form of the corporation or association under s. 11.05 shall designate an
23account separate from all other corporation or association accounts as a campaign
24depository account, through which all moneys received or expended for the adoption
1or rejection of the referendum shall pass. The corporation or association shall file
2periodic reports under s. 11.20 providing the information required under s. 11.06 (1).
AB1186, s. 7
3Section
7. 13.94 (4) (a) 1. of the statutes is amended to read:
AB1186,26,184
13.94
(4) (a) 1. Every state department, board, examining board, affiliated
5credentialing board, commission, independent agency, council or office in the
6executive branch of state government; all bodies created by the legislature in the
7legislative or judicial branch of state government; any public body corporate and
8politic created by the legislature including specifically the Fox River Navigational
9System Authority, a professional baseball park district, a local professional football
10stadium district, a local cultural arts district and a family care district under s.
1146.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of
12medical assistance under subch. IV of ch. 49; technical college district boards;
13development zones designated under s. 560.71; every county department under s.
1451.42 or 51.437; every nonprofit corporation or cooperative
or unincorporated
15cooperative association to which moneys are specifically appropriated by state law;
16and every corporation, institution, association or other organization which receives
17more than 50% of its annual budget from appropriations made by state law, including
18subgrantee or subcontractor recipients of such funds.
AB1186, s. 8
19Section
8. 15.155 (4) (b) of the statutes is amended to read:
AB1186,26,2420
15.155
(4) (b) Members of the rural economic development board appointed
21under par. (a) 5. shall have experience operating a business located in a rural
22municipality, as defined in s. 560.17 (1) (d). At least one member shall have
23experience operating a cooperative
or unincorporated cooperative association 24located in a rural municipality, as defined in s. 560.17 (1) (d).
AB1186, s. 9
25Section
9. 25.17 (3) (dg) 1. of the statutes is amended to read:
AB1186,27,8
125.17
(3) (dg) 1. Direct obligations of the United States and of agencies of and
2corporations wholly owned by the United States, and direct obligations of federal
3land banks, federal home loan banks, central bank for cooperatives and banks for
4cooperatives
or unincorporated cooperative associations, international bank for
5reconstruction and development, the international finance corporation,
6inter-American development bank, African development bank and Asian
7development bank, in each case maturing within one year or less from the date of
8investment.
AB1186, s. 12m
9Section 12m. 28.02 (4) (b) 5. of the statutes is amended to read:
AB1186,27,1410
28.02
(4) (b) 5. To public utilities
and cooperative associations, cooperatives
11organized under ch. 185 to furnish gas, light, heat, power, or water to their members,
12and to telecommunications cooperatives formed under ch. 185 or 193 when needed
13for power and telecommunications substations, transformers, booster stations and
14similar installations.
AB1186, s. 10
15Section
10. 30.40 (9) of the statutes is amended to read:
AB1186,27,2016
30.40
(9) "Person" means a natural person, corporation, limited liability
17company, partnership, association, cooperative,
unincorporated cooperative
18association, municipality or other local governmental unit, private or public utility,
19municipal power district, estate or trust, the United States, a federal agency, the
20state of Wisconsin or a state agency.
AB1186, s. 11
21Section
11. 32.22 (12) (a) (intro.) of the statutes is amended to read:
AB1186,28,422
32.22
(12) (a) (intro.) Nothing in this section requires the municipality to
23rehabilitate a residential building, if it appears at any time that total cost of
24rehabilitation, including structural repairs and alterations, exceeds 80% of the
25estimated fair market value of the building when rehabilitation is complete. If the
1municipality determines under this paragraph not to rehabilitate a residential
2building condemned under this section, the municipality shall sell the building to
3any corporation organized under ch. 181 that is a nonprofit corporation, as defined
4in s. 181.0103 (17), or any cooperative organized under ch. 185
or 193 which:
AB1186, s. 12
5Section
12. 36.56 (1) of the statutes is amended to read:
AB1186,28,116
36.56
(1) From the appropriation under s. 20.285 (1) (qm), the center for
7cooperatives under s. 36.11 (40) may award grants to persons to form forestry
8cooperatives under ch. 185
or 193 that consist primarily of private, nonindustrial
9owners of woodland. A grant recipient shall provide matching funds equal to 50%
10of the grant amount awarded. The match may be in the form of money or in-kind
11services or both, but may not include money received from the state.
AB1186, s. 13
12Section
13. 46.037 (1) of the statutes is amended to read:
AB1186,28,1613
46.037
(1) Subject to sub. (1m), each residential child care center and each
14group home, as defined in s. 48.02 (7), that is licensed under s. 48.625 and
15incorporated under ch. 180, 181
or, 185
, or 193 shall establish a per client rate for its
16services and shall charge all purchasers the same rate.
AB1186, s. 14
17Section
14. 49.45 (21) (d) of the statutes is amended to read:
AB1186,28,1918
49.45
(21) (d) This subsection supersedes any provision of chs. 180, 181
and, 19185
, and 193.
AB1186, s. 15
20Section
15. 49.455 (4) (d) 1. of the statutes is amended to read:
AB1186,28,2421
49.455
(4) (d) 1. The community spouse's expenses for rent or mortgage
22principal and interest, taxes and insurance for his or her principal residence and, if
23the community spouse lives in a condominium
or, a cooperative,
or an unincorporated
24cooperative association, any required maintenance charge.
AB1186, s. 16
25Section
16. 49.455 (4) (d) 2. of the statutes is amended to read:
AB1186,29,5
149.455
(4) (d) 2. The standard utility allowance established under
7 USC 2014 2(e), except that if the community spouse lives in a condominium
or, a cooperative
, or
3an unincorporated cooperative association for which the maintenance charge
4includes utility expenses, the standard utility allowance under
7 USC 2014 (e) is
5reduced by the amount of the utility expenses included in the maintenance charge.
AB1186, s. 17
6Section
17. 50.90 (2) of the statutes is amended to read:
AB1186,29,107
50.90
(2) "Organization" means a public agency, as defined in s. 46.856 (1) (b),
8a nonprofit corporation, a for-profit stock corporation, a cooperative,
an
9unincorporated cooperative association, a partnership, a limited liability company
10or a sole proprietorship.
AB1186,29,1613
59.43
(2) (ag) 1. Subject to s. 59.72 (5), for recording any instrument entitled
14to be recorded in the office of the register of deeds, $11 for the first page and $2 for
15each additional page, except that no fee may be collected for recording a change of
16address that is exempt from a filing fee under s. 185.83 (1) (b)
or 193.111 (1) (b).
AB1186, s. 19
17Section
19. 62.237 (1) (b) of the statutes is amended to read:
AB1186,29,2018
62.237
(1) (b) "Dwelling" means any structure used or intended to be used for
19habitation with up to 2 separate units certified for occupancy by the city. "Dwelling"
20also means any housing cooperative incorporated under ch. 185
or 193.
AB1186, s. 20
21Section
20. 66.0425 (6) of the statutes is amended to read:
AB1186,30,622
66.0425
(6) Subsections (1) to (5) do not apply to telecommunications carriers,
23as defined in s. 196.01 (8m), telecommunications utilities, as defined in s. 196.01 (10),
24alternative telecommunications utilities, as defined in s. 196.01 (1d), public service
25corporations, or
to cooperative associations cooperatives organized under ch. 185 to
1render or furnish
telecommunication service, gas, light, heat, or power,
or to
2cooperatives organized under ch. 185 or 193 to render or furnish telecommunications
3service, but the carriers, utilities, corporations and associations shall secure a permit
4from the proper official for temporary obstructions or excavations in a highway and
5are liable for all injuries to person or property caused by the obstructions or
6excavations.
AB1186, s. 21
7Section
21. 66.0807 (1) of the statutes is amended to read:
AB1186,30,108
66.0807
(1) In this section, "privately owned public utility" includes a
9cooperative association organized under ch. 185
or 193 for the purpose of producing
10or furnishing utility service to its members only.
AB1186, s. 22
11Section
22. 66.0825 (3) (f) of the statutes is amended to read:
AB1186,30,1512
66.0825
(3) (f) "Person" means a natural person, a public agency,
a cooperative
,
13an unincorporated cooperative association, or
a private corporation, limited liability
14company, association, firm, partnership, or business trust of any nature, organized
15and existing under the laws of any state or of the United States.
AB1186, s. 23
16Section
23. 71.63 (6) (b) 4. of the statutes is amended to read:
AB1186,31,417
71.63
(6) (b) 4. In the employ of the operator of a farm in handling, planting,
18drying, packaging, processing, freezing, grading, storing or delivering to storage or
19to market or to a carrier for transportation to market, in its unmanufactured state,
20any agricultural or horticultural commodity, but only if such operator produced more
21than one-half of the commodity with respect to which such service was performed,
22or in the employ of a group of operators of farms
(, other than a cooperative
23organization
or an unincorporated cooperative association
), in the performance of
24such services, but only if such operators produced all of the commodity with respect
25to which such service is performed, but the provisions of this subdivision shall not
1be deemed to be applicable with respect to service performed in connection with
2commercial canning or commercial freezing or in connection with any agricultural
3or horticultural commodity after its delivery to a terminal market for distribution or
4consumption;
AB1186, s. 24
5Section
24. 77.51 (10) of the statutes is amended to read:
AB1186,31,146
77.51
(10) "Person" includes any natural person, firm, partnership, limited
7liability company, joint venture, joint stock company, association, public or private
8corporation, the United States, the state, including any unit or division of the state,
9any county, city, village, town, municipal utility, municipal power district or other
10governmental unit, cooperative,
unincorporated cooperative association, estate,
11trust, receiver, personal representative, any other fiduciary, and any representative
12appointed by order of any court or otherwise acting on behalf of others. "Person" also
13includes the owner of a single-owner entity that is disregarded as a separate entity
14under ch. 71.
AB1186, s. 25
15Section
25. 77.53 (17r) (f) of the statutes is amended to read:
AB1186,31,2116
77.53
(17r) (f) If the owner or lessee is an estate,
a trust
or, a cooperative
, or
17an unincorporated cooperative association; that estate, that trust and its grantor or
18that cooperative
or association does not have real property or other tangible personal
19property; except aircraft and such property as hangars, accessories, attachments,
20fuel and parts required for operation of aircraft; in this state at the time the aircraft
21is registered in this state.
AB1186, s. 26
22Section
26. 91.19 (6) of the statutes is amended to read:
AB1186,32,223
91.19
(6) The department shall release from a farmland preservation
24agreement any land acquired for use as an electric generating facility authorized
25under s. 196.491 (3), or which involves acquisition of the fee by a utility or a
1cooperative organized under ch. 185
or 193 for purposes of generating electricity or
2other utility uses.
AB1186, s. 27
3Section
27. 93.01 (2) of the statutes is amended to read:
AB1186,32,54
93.01
(2) "Cooperative association" includes cooperatives and foreign
5cooperatives as defined in
s. ss. 185.01
and 193.005.
AB1186, s. 28
6Section
28. 93.06 (4) of the statutes is amended to read:
AB1186,32,107
93.06
(4) Law enforcement. At the request of the attorney general or of any
8district attorney, assist in the enforcement of any of the following statutes relating
9to trade: ss. 133.03 to 133.07, 133.10, 133.12 to 133.15, 133.17, 134.01, 185.94,
10193.105, 784.04 and 939.31.
AB1186, s. 29
11Section
29. 93.06 (5) of the statutes is amended to read:
AB1186,32,1412
93.06
(5) Public markets; cooperative associations. (a) Give assistance in the
13organization, operation or reorganization of such public markets as are authorized
14by law, and of cooperative associations
and unincorporated cooperative associations.
AB1186,32,2015
(b) By general order, prescribe uniform systems of accounting for public
16markets or cooperative associations
and unincorporated cooperative associations,
17and may, by general or special order, require any such market or
cooperative 18association to render report, in form indicated by the department, to show the nature
19and volume of business, resources, liabilities, profits, losses and any other facts
20bearing upon the financial condition of the market or
cooperative association.
AB1186, s. 30
21Section
30. 93.06 (6) (a) to (c) of the statutes are amended to read:
AB1186,32,2522
93.06
(6) Cooperatives. (a) By general or special order, require any cooperative
23association
or unincorporated cooperative association doing business in this state to
24file with the department a verified copy of its bylaws and of any exclusive contract
25of sale or agency between the association and its members or patrons.
AB1186,33,9
1(b) Investigate the management of any cooperative association
or
2unincorporated cooperative association doing business in this state, and make the
3facts relating to the management of the
cooperative association available to the
4members of the association, when a request for a management investigation has
5been filed with the department, signed by all of the directors or by at least 20% of the
6members of associations of less than 500 members or by at least 100 members of
7associations of 500 or more members. The department shall fix and collect a fee for
8investigations under this paragraph, which shall be the actual cost of the
9investigation.
AB1186,33,1210
(c) By general or special order, require any cooperative association
or
11unincorporated cooperative association doing business in this state or in the process
12of organization to file with the department a report of its promotion expenses.
AB1186, s. 31
13Section
31. 94.67 (5) (a) (intro.) of the statutes is amended to read:
AB1186,33,1714
94.67
(5) (a) (intro.) "Commercial application business" means a corporation,
15a limited liability company,
a cooperative association,
an unincorporated cooperative
16association, a partnership,
a natural person doing business as a sole proprietor or
17other nongovernmental business entity that does either of the following:
AB1186, s. 32
18Section
32. 96.01 (8) of the statutes is amended to read:
AB1186,33,2019
96.01
(8) "Member-patron" means a person who is a member of a cooperative
20under ch. 185
or 193 and whose products are marketed through that cooperative.
AB1186, s. 33
21Section
33. 96.08 (3) (b) of the statutes is amended to read:
AB1186,34,222
96.08
(3) (b) A cooperative association
or an unincorporated cooperative
23association engaged in the marketing of affected commodities as the agent of its
24members may cast a bloc vote or assent for its members, except that it shall exclude
25from its bloc vote or assent any of its members who are also member-patrons of
1another cooperative
or unincorporated cooperative association which intends to cast
2a bloc vote or assent for those members.
AB1186, s. 34
3Section
34. 97.32 (1) of the statutes is amended to read:
AB1186,34,224
97.32
(1) Special dairy and food inspectors may be appointed by the
5department for any factory, plant, receiving station, or group thereof, which buys or
6receives milk or cream for the purpose of manufacturing, processing or any other
7purpose whatsoever, upon petition therefor signed by more than two-thirds of the
8regular patrons of such factory, plant, receiving station, or group thereof, or by the
9officers of such factory, plant, receiving station or group thereof, or of the officers of
10any association organized under ch. 185
or 193 representing patrons of such factory,
11plant, receiving station or group thereof, and upon receiving satisfactory proof that
12such special dairy and food inspectors will be compensated in full for all services
13rendered and traveling expenses incurred upon and pursuant to such appointment
14as provided in this section. If the inspector is appointed pursuant to petition signed
15by the officers of an organization, such compensation and expenses shall be paid by
16such organization; and any factory, plant, receiving station or group thereof shall pay
17to the association the checkoff as contracted for between the member and the
18association. If appointed pursuant to petition signed by patrons, each patron of the
19factory, plant, receiving station or group thereof shall pay such proportion of the total
20amount of such compensation and expenses as the amount of milk or cream delivered
21thereto by the patron bears to the total amount delivered thereto by all patrons. The
22state shall not be liable for any such compensation or expenses.
AB1186, s. 35
23Section
35. 97.32 (3) of the statutes is amended to read:
AB1186,35,1224
97.32
(3) Each such special dairy and food inspector shall have all powers
25conferred by law upon dairy and food inspectors, shall at all times be under the
1supervision of the department and shall make such reports to the department as the
2department may require. The special dairy and food inspector shall supervise and
3inspect the weighing and testing of and shall inspect all milk, cream, butter or cheese
4delivered to such factory, plant, receiving station or group thereof, except that if the
5special dairy and food inspector be appointed upon petition by an association
6organized under ch. 185
or 193, the special dairy and food inspector shall perform
7duties only for its members, and for such purpose the special dairy and food inspector
8may use any or all weighing or testing apparatus in such factory, plant, receiving
9station or group thereof. In addition to the duties herein specifically prescribed, the
10special dairy and food inspector shall perform such duties as the patrons or
11organization compensating the special dairy and food inspector or the department
12may direct.
AB1186, s. 36
13Section
36. 99.02 (2) (d) of the statutes is amended to read:
AB1186,35,1514
99.02
(2) (d) A cooperative association
or an unincorporated cooperative
15association storing farm products and merchandise for members.
AB1186, s. 37
16Section
37. 100.201 (1) (b) 2. of the statutes is amended to read:
AB1186,36,217
100.201
(1) (b) 2. For the purpose of this section any subsidiary or affiliate
18corporation, limited liability company
or, cooperative,
or unincorporated cooperative
19association, and any officer, director, partner, member or manager of a corporation,
20cooperative,
unincorporated cooperative association, partnership or limited liability
21company which is a retailer of selected dairy products, and any individual,
22corporation, cooperative,
unincorporated cooperative association, partnership,
23limited liability company, association or any other business unit which owns,
24controls or franchises any retailer or which has any retailer as an affiliate, member
25or subsidiary, is deemed to be a retailer of selected dairy products and the
1prohibitions of sub. (2) shall also apply to any such person or business unit which
2sells any selected dairy product at wholesale.
AB1186, s. 38
3Section
38. 100.201 (1) (f) 2. of the statutes is amended to read: