AB327: Bill Text

AB327,168,16 196.796 (1) (hm) "Public utility" means every corporation, company, individual or association and their lessees, trustees, or receivers appointed by any court or state or federal agency, that may own, operate, manage, or control all or any part of a plant or equipment, within the state, for the production, transmission, delivery, or furnishing of electricity directly to or for the public, except that "public utility" does not include any municipal utility or municipal electric company, as defined in s. 66.0825 (3) (d), or any cooperative association organized under ch. 185 or 193 for the purpose of producing or furnishing heat, light, power, or water to its members only.

AB327, s. 123 Section 123. 196.807 (1) (a) of the statutes is amended to read:

AB327,168,20 196.807 (1) (a) "Affiliate or utility" means a nonutility affiliate, holding company system, public utility or cooperative association organized under ch. 185 or 193.

AB327, s. 124 Section 124. 196.857 (1g) (c) of the statutes is amended to read:

AB327,168,24 196.857 (1g) (c) The commission shall conduct classroom and on-farm stray voltage training sessions for public utilities, cooperatives, unincorporated cooperative associations, electricians or other interested parties.

AB327, s. 125 Section 125. 196.857 (2m) of the statutes is amended to read:

AB327,169,8 196.857 (2m) Additional investigations. If the commission, at the request of an electric cooperative organized under ch. 185 or 193 or any public utility which is not assessed under sub. (1m), conducts an investigation of the causes of stray voltage on any farm receiving electrical service from that electric cooperative or public utility, that electric cooperative or public utility shall pay reasonable fees assessed by the commission in accordance with a standardized schedule of fees established by the commission by rule. The amounts received under this subsection shall be credited to the appropriation account under s. 20.155 (1) (L).

AB327, s. 126 Section 126. 199.03 (12) of the statutes is amended to read:

AB327,169,18 199.03 (12) "Public utility" means any person, except a town, village, city or sanitary district, who owns, operates, manages or controls any plant or equipment or any part of a plant or equipment, within the state for the production, transmission, delivery or furnishing of heat, light, water, telecommunications service or power either directly or indirectly to or for the public. "Public utility" includes any person engaged in the transmission or delivery of natural gas for compensation within this state by means of pipes or mains. "Public utility" does not include a cooperative association organized under ch. 185 or 193 for the purpose of generating, distributing or furnishing telecommunications service or electric energy to its members only.

AB327, s. 127 Section 127. 201.01 (3) (d) of the statutes is amended to read:

AB327,169,21 201.01 (3) (d) Any securities issued by a corporation organized under ch. 185 or 193 for the purpose of furnishing telecommunications service in rural areas.

AB327, s. 128 Section 128. 223.105 (1) (b) of the statutes is amended to read:

AB327,170,3 223.105 (1) (b) "Organization" means any corporation, unincorporated cooperative association, limited liability company, association, partnership or business trust, other than a national bank, state or federal savings and loan association, state or federal savings bank or federal credit union or other than a corporation, limited liability company, association or partnership, all of whose shareholders or members are licensed under SCR 40.02.

AB327, s. 129 Section 129. 231.35 (2) (b) of the statutes is amended to read:

AB327,170,6 231.35 (2) (b) A cooperative organized under ch. 185 or 193 that consists of one or more rural hospitals, each with no more than 100 beds.

AB327, s. 130 Section 130. 234.59 (1) (d) 3. of the statutes is amended to read:

AB327,170,10 234.59 (1) (d) 3. A dwelling unit in a condominium or, a cooperative, or an unincorporated cooperative association, together with an interest in common areas, if the unit is or will be the principal residence of an applicant.

AB327, s. 131 Section 131. 234.622 (7) of the statutes is amended to read:

AB327,170,21 234.622 (7) "Qualifying dwelling unit" means a dwelling unit, not including a mobile home as defined in s. 66.0435, located in this state, habitable as a permanent residence and to which property taxes or special assessments are, or may conveniently be, allocated and up to one acre of land appertaining to it held in the same ownership as the dwelling unit. For purposes of ss. 234.621 to 234.626, "qualifying dwelling unit" includes a unit in a condominium or in a cooperative or an unincorporated cooperative association or in a multi-unit dwelling with 4 or fewer units, but in all of these 3 cases only the portion of taxes or special assessments allocable to the unit lived in by the participant may qualify for loans under ss. 234.621 to 234.626.

AB327, s. 132 Section 132. 285.41 (1) (f) of the statutes is amended to read:

AB327,171,2 285.41 (1) (f) "Major utility" means a Class A utility, as defined under s. 199.03 (4), which generates electricity or an electrical cooperative association organized under ch. 185 or 193, if the total sulfur dioxide emissions from all stationary air contaminant sources in this state under the ownership or control of the utility or association exceeded 5,000 tons in any year after 1979.

AB327, s. 133 Section 133. 289.41 (1) (d) of the statutes is amended to read:

AB327,171,5 289.41 (1) (d) "Public utility" means a public utility as defined in s. 196.01 (5) or an electric cooperative organized under ch. 185 or 193.

AB327, s. 134 Section 134. 346.50 (1) (c) of the statutes is amended to read:

AB327,171,14 346.50 (1) (c) The vehicle of a public utility, as defined in s. 196.01 (5), a telecommunications carrier, as defined in s. 196.01 (8m), or a rural electric cooperative or an unincorporated rural electric cooperative association is stopped or left standing and is required for maintenance, installation, repair, construction or inspection of its facilities by the public utility or a rural electric cooperative or an unincorporated rural electric cooperative association when warning signs, flags, traffic cones, or flashing yellow lights or barricades, have been placed to warn approaching motorists of any obstruction to the traveled portion of the highway.

AB327, s. 135 Section 135. 347.26 (9) of the statutes is amended to read:

AB327,172,4 347.26 (9) Warning lamps on public utility and cooperative vehicles. Any vehicle of a public utility as defined in s. 196.01 (5), of a telecommunications carrier, as defined in s. 196.01 (8m), or of a cooperative association organized under ch. 185 or 193 for the purpose of producing or furnishing heat, light, power or water to its members, which by reason of its use upon a highway creates a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing may be equipped with a flashing amber lamp of the dome type or with 2 flashing amber lamps, one showing to the front and one showing to the rear. Such lamps shall be mounted approximately midway between the extremities of the width of the vehicle and at the highest practicable point and shall be used only for the purpose of warning operators of other vehicles of the presence of the traffic hazard. Should such vehicle be of a type so as to make impractical the mounting of such lamps midway between the extremities of the width of the vehicle then such mountings shall be made at or near the upper left front and rear corners of such vehicle.

AB327, s. 136 Section 136. 421.202 (3) of the statutes is amended to read:

AB327,172,11 421.202 (3) Charges for delayed payment and any discount allowed for early payment in transactions under public utility or common carrier tariffs if a subdivision or agency of this state or of the United States regulates such charges or discounts, or if such charges or discounts are made in connection with the furnishing of electric service by an electric cooperative organized and operating on a nonprofit basis under ch. 185 or 193;

AB327, s. 137 Section 137. 421.301 (28) of the statutes is amended to read:

AB327,172,16 421.301 (28) "Organization" means a corporation, government or governmental subdivision or agency, trust, estate, limited liability company, partnership, cooperative or association other than a cooperative organized under ch. 185 or 193 which has gross annual revenues not exceeding $5 million.

AB327, s. 138 Section 138. 445.01 (8) of the statutes is amended to read:

AB327,172,19 445.01 (8) "Person" includes firm, corporation, partnership, cooperative, unincorporated cooperative association, and association of individuals.

AB327, s. 139 Section 139. 445.12 (3) (a) of the statutes is amended to read:

AB327,172,23 445.12 (3) (a) The solicitation of memberships or the sale of stock or memberships in any association organized under ch. 185 or 193 by any person who is not a licensed funeral director.

AB327, s. 140 Section 140. 551.22 (12) of the statutes is amended to read:

AB327,173,2 551.22 (12) Any securities of a cooperative corporation organized under ch. 185 or 193.

AB327, s. 141 Section 141. 560.16 (1) (c) (intro.) of the statutes is amended to read:

AB327,173,8 560.16 (1) (c) (intro.) "Employee-owned business" means a business located in this state which is organized in a manner determined by the secretary to involve substantial employee participation or a cooperative organized under ch. 185 or 193 or a corporation in which the employees own the stock of the corporation through an employee stock ownership plan as defined under 26 USC 4975 (e) (7) and in which:

AB327, s. 142 Section 142. 560.17 (1) (b) of the statutes is amended to read:

AB327,173,10 560.17 (1) (b) "Business" includes cooperatives organized under ch. 185 or 193.

AB327, s. 143 Section 143. 560.9801 (1) (b) of the statutes is amended to read:

AB327,173,12 560.9801 (1) (b) A nonprofit cooperative organized under ch. 185 or 193.

AB327, s. 144 Section 144. 560.9801 (3) (a) 7. of the statutes is amended to read:

AB327,173,16 560.9801 (3) (a) 7. If the housing is owned and occupied by members of a cooperative or an unincorporated cooperative association, fees paid to a person for managing the housing.

AB327, s. 145 Section 145. 560.9804 (2) (e) of the statutes is amended to read:

AB327,173,20 560.9804 (2) (e) A cooperative organized under ch. 185 or 193, if the articles of incorporation, articles of organization, or bylaws of the cooperative limit the rate of dividend that may be paid on all classes of stock.

AB327, s. 146 Section 146. 609.01 (2) of the statutes is amended to read:

AB327,174,2 609.01 (2) "Health maintenance organization" means a health care plan offered by an organization established under ch. 185 or 193, 611, 613 or 614 or issued a certificate of authority under ch. 618 that makes available to its enrollees, in consideration for predetermined periodic fixed payments, comprehensive health care services performed by providers participating in the plan.

AB327, s. 147 Section 147. 609.01 (4) of the statutes is amended to read:

AB327,174,10 609.01 (4) "Preferred provider plan" means a health care plan offered by an organization established under ch. 185 or 193, 611, 613, or 614 or issued a certificate of authority under ch. 618 that makes available to its enrollees, without referral and for consideration other than predetermined periodic fixed payments, coverage of either comprehensive health care services or a limited range of health care services, regardless of whether the health care services are performed by participating or nonparticipating providers.

AB327, s. 148 Section 148. 616.09 (1) (c) 1. of the statutes is amended to read:

AB327,174,16 616.09 (1) (c) 1. Plans authorized under s. 616.06 are subject to ch. 185 or 193, as applicable, except that ss. 185.03 (5) and (6), 185.05 (1) (c), 185.55, 185.61, 185.62, 185.63, 185.64, 185.71 to 185.76 and, 185.81, 193.151, 193.215 (2) (a) 2., 193.225, 193.301 (9), 193.801, 193.805, 193.905 to 193.971, and those provisions applicable to cooperatives or unincorporated cooperative associations with stock do not apply.

AB327, s. 149 Section 149. 706.05 (2m) (b) 2. of the statutes is amended to read:

AB327,174,21 706.05 (2m) (b) 2. Descriptions of property that is subject to liens granted on property thereafter acquired by a rural electric cooperative, or a telephone cooperative, organized under ch. 185 or 193, by a pipeline company under s. 76.02 (5), by a public utility under s. 196.01 (5) or by a railroad under s. 195.02 (1) or (5).

AB327, s. 150 Section 150. 706.09 (3) (a) of the statutes is amended to read:

AB327,175,4 706.09 (3) (a) Public service corporations, railroads, electric cooperatives, trustees, governmental units. While owned, occupied or used by any public service corporation, any railroad corporation as defined in s. 195.02, any electric cooperative organized and operating on a nonprofit basis under ch. 185 or 193, or any trustee or receiver of any such corporation or electric cooperative, or any mortgagee or trust deed trustee or receiver thereof; nor any such interest while held by the United States, the state or any political subdivision or municipal corporation thereof; or

AB327, s. 151 Section 151. 815.18 (2) (c) of the statutes is amended to read:

AB327,175,8 815.18 (2) (c) "Debtor" means an individual. "Debtor" does not include an association, a corporation, a partnership, a cooperative, an unincorporated cooperative association, or a political body.

AB327, s. 152 Section 152. 893.28 (2) of the statutes is amended to read:

AB327,175,17 893.28 (2) Continuous use of rights in real estate of another for at least 10 years by a domestic corporation organized to furnish telegraph or telecommunications service or transmit heat, power or electric current to the public or for public purposes, or a cooperative association organized under ch. 185 or 193 to furnish telegraph or telecommunications service or transmit heat, power or electric current to its members, establishes the prescriptive right to continue the use, except as provided by s. 893.29. A person who has established a prescriptive right under this subsection may commence an action to establish prescriptive rights under ch. 843.

AB327, s. 153 Section 153. 893.33 (5) of the statutes is amended to read:

AB327,176,15 893.33 (5) This section bars all claims to an interest in real property, whether rights based on marriage, remainders, reversions and reverter clauses in covenants restricting the use of real estate, mortgage liens, old tax deeds, death and income or franchise tax liens, rights as heirs or under will, or any claim of any nature, however denominated, and whether such claims are asserted by a person sui juris or under disability, whether such person is within or without the state, and whether such person is natural or corporate, or private or governmental, unless within the 30-year period provided by sub. (2) there has been recorded in the office of the register of deeds some instrument expressly referring to the existence of the claim, or a notice pursuant to this section. This section does not apply to any action commenced or any defense or counterclaim asserted, by any person who is in possession of the real estate involved as owner at the time the action is commenced. This section does not apply to any real estate or interest in real estate while the record title to the real estate or interest in real estate remains in a railroad corporation, a public service corporation as defined in s. 201.01, an electric cooperative organized and operating on a nonprofit basis under ch. 185 or 193, or any trustee or receiver of a railroad corporation, a public service corporation or an electric cooperative, or to claims or actions founded upon mortgages or trust deeds executed by that cooperative or corporation, or trustees or receivers of that cooperative or corporation. This section also does not apply to real estate or an interest in real estate while the record title to the real estate or interest in real estate remains in the state or a political subdivision or municipal corporation of this state.

AB327, s. 154 Section 154. 946.69 (1) (c) of the statutes is amended to read:

AB327,176,18 946.69 (1) (c) A cooperative association organized under ch. 185 or 193 to furnish or provide telecommunications service, gas, electricity, power or water.

AB327, s. 155 Section 155. 990.01 (14) of the statutes is amended to read:

AB327,177,2 990.01 (14) Homestead exemption. "Exempt homestead" means the dwelling, including a building, condominium, mobile home, house trailer or cooperative or an unincorporated cooperative association, and so much of the land surrounding it as is reasonably necessary for its use as a home, but not less than 0.25 acre, if available, and not exceeding 40 acres, within the limitation as to value under s. 815.20, except as to liens attaching or rights of devisees or heirs of persons dying before the effective date of any increase of that limitation as to value.

AB327, s. 156 Section 156. Nonstatutory provisions.

AB327,177,8 (1) Notwithstanding section 990.001 (11) of the statutes, if a court finds that the amendment of section 11.38 (8) (b) (by Section 7) of the statutes by this act, or any part of the laws specified in 2001 Wisconsin Act 109, section 9115 (2y) (b) is unconstitutional, the amendment of section 11.38 (8) (b) (by Section 7) of the statutes by this act is void.

AB327, s. 157 Section 157. Effective date.

AB327,177,11 (1) This act takes effect on September 1, 2005, or on the day after publication, whichever is later.

AB327,177,12 (End)