Amendment ASA1-AB75

AB75-ASA1, s. 2453p Section 2453p. 181.1531 (2g) (b) of the statutes is amended to read:

AB75-ASA1,1315,3 181.1531 (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 2 notice under ch. 985 in the official state newspaper publication on the department's Web site for a reasonable period of time.

AB75-ASA1, s. 2453r Section 2453r. 183.09025 (2) (d) of the statutes is amended to read:

AB75-ASA1,1315,10 183.09025 (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 2 notice under ch. 985 in the official state newspaper publication on the department's Web site for a reasonable period of time.

AB75-ASA1, s. 2453s Section 2453s. 183.1010 (4) (b) 2. of the statutes is amended to read:

AB75-ASA1,1315,17 183.1010 (4) (b) 2. If a process, notice or demand is served by the department on a foreign limited liability company under s. 183.1021 and the address of the foreign limited liability company's principal office cannot be determined from the records of the department, the foreign limited liability company may be served by publishing a class 2 notice, under ch. 985, in the official state newspaper publication on the department's Web site for a reasonable period of time.

AB75-ASA1, s. 2453t Section 2453t. 183.1021 (2g) (b) of the statutes is amended to read:

AB75-ASA1,1315,23 183.1021 (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 2 notice under ch. 985 in the official state newspaper publication on the department's Web site for a reasonable period of time.

AB75-ASA1, s. 2453tm Section 2453tm. 185.981 (4t) of the statutes, as affected by 2009 Wisconsin Act 14, is amended to read:

AB75-ASA1,1316,4 185.981 (4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 631.17, 631.89, 631.95, 632.72 (2), 632.745 to 632.749, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4), (5), and (6), 632.895 (10) to (16) (17), and 632.897 (10) and chs. 149 and 155.

AB75-ASA1, s. 2453u Section 2453u. 185.983 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Act 14, is amended to read:

AB75-ASA1,1316,13 185.983 (1) (intro.) Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4), (5), and (6), 632.895 (5) and (9) to (16) (17), 632.896, and 632.897 (10) and chs. 609, 630, 635, 645, and 646, but the sponsoring association shall:

AB75-ASA1, s. 2453um Section 2453um. 186.11 (4) (b) 17. of the statutes is created to read:

AB75-ASA1,1316,18 186.11 (4) (b) 17. Services related to the sale or leasing of motor vehicles, but only if the credit union service organization provided the services prior to January 1, 2009, and only if the credit union service organization provides the services at the specific location at which the services were provided prior to January 1, 2009.

AB75-ASA1, s. 2453v Section 2453v. 186.11 (4) (bd) of the statutes is amended to read:

AB75-ASA1,1317,3 186.11 (4) (bd) The office of credit unions may expand the list of services under par. (b) that are related to the routine daily operations of credit unions, except for the services described in par. (b) 17. Any service approved under this paragraph shall be authorized for all credit union service organizations under par. (a). A credit union may file a written request with the office of credit unions to exercise its authority under this paragraph and may include, along with the request, a description of any proposed service and an explanation of how that service is related to the routine daily operations of credit unions. Within 60 days after receiving a request under this paragraph, the office of credit unions shall approve or disapprove the request.

AB75-ASA1, s. 2453w Section 2453w. 186.314 (intro.) (except 186.314 (title)) of the statutes is renumbered 186.314 (1m).

AB75-ASA1, s. 2453x Section 2453x. 186.314 (1m) (title) of the statutes is created to read:

AB75-ASA1,1317,7 186.314 (1m) (title) To federal credit union.

AB75-ASA1, s. 2453y Section 2453y. 186.314 (2) of the statutes is created to read:

AB75-ASA1,1317,10 186.314 (2) To mutual savings bank. (a) A credit union may convert to a mutual savings bank by complying with pars. (b) to (d).

AB75-ASA1,1318,3 (b) The proposition for a conversion shall first be approved by a majority recommendation of the directors of the credit union. The directors shall, by a majority vote of the directors, set a date for a meeting of credit union members to vote on the conversion. Credit union members may also vote by written ballot to be filed on or before the meeting date. Written notice specifying the purpose and subject matter of the meeting and the date that is set for the meeting and for voting by submission of a written ballot shall be sent to each member eligible to vote at the member's address appearing on the records of the credit union. This notice shall be sent to each credit union member 3 times, once not more than 95 days nor less than 90 days before the date of the meeting to vote on the conversion, once not more than 65 days nor less than 60 days before the date of the meeting to vote on the conversion, and once not more than 35 days nor less than 30 days before the date of the meeting to vote on the conversion. The 3rd such notice shall be accompanied by a written ballot, shall clearly inform the member that the member may vote at the meeting or by submitting the written ballot, and shall state the time and place of the meeting in addition to the date of the meeting. Approval of the proposition for conversion shall be by affirmative vote, in person or in writing, of a majority of the credit union members voting at the meeting or by written ballot.

AB75-ASA1,1318,12 (c) A credit union that proposes to convert to a mutual savings bank under this subsection shall file with the office of credit unions a notice of its intent to convert and, within 10 days after the member vote on the conversion under par. (b), a statement of the results of the member vote. If the credit union members vote to approve the proposition for conversion, the member vote shall be verified by the office of credit unions and, if the office of credit unions disapproves of the methods or procedures used in relation to that member vote, the member vote shall be taken again in the manner directed by the office of credit unions and consistent with the requirements under par. (b).

AB75-ASA1,1318,21 (d) Upon approval by the credit union members of the proposition for conversion under par. (b), the credit union shall take all necessary action under ch. 214 to complete the conversion to a mutual savings bank. Within 10 days after receipt from the division of banking of a certificate of incorporation as a mutual savings bank, the credit union shall file a copy of the certificate with the office of credit unions. The office of credit unions shall issue to a converting credit union a certificate of conversion to a mutual savings bank if the office determines that the conversion complies with this subsection and all requirements under ch. 214. The date specified in the certificate of conversion is the effective date of the conversion.

AB75-ASA1,1319,7 (e) Upon conversion, the credit union shall cease to be a credit union, shall be a mutual savings bank, shall no longer be subject to this chapter, and shall be subject to ch. 214 and all other provisions of law governing mutual savings banks. Upon conversion, the legal existence of the mutual savings bank shall be a continuation of the credit union, and all property and every right, privilege, interest, and asset of the credit union immediately, without any conveyance, transfer, or further act of the mutual savings bank, vests in the mutual savings bank. The resulting mutual savings bank shall succeed to and be vested with all the rights, assets, obligations, and relations of the credit union, and all actions and other judicial proceedings to which the credit union is a party may be prosecuted and defended, to the same extent as though the conversion had not taken place.

AB75-ASA1,1319,11 (f) 1. In this paragraph, "senior management official" means a chief executive officer, an assistant chief executive officer, a chief financial officer, and any other senior executive officer as defined by the appropriate federal banking agency as directed under 12 USC 1831i(f).

AB75-ASA1,1319,17 2. No director or senior management official of a credit union may receive any economic benefit in connection with a conversion of the credit union to a mutual savings bank except that a director or senior management official may receive director fees as well as compensation and other benefits paid to directors and senior management officials of the converted mutual savings bank in the ordinary course of business.

AB75-ASA1, s. 2453z Section 2453z. 186.41 (4) (c) of the statutes is amended to read:

AB75-ASA1,1320,5 186.41 (4) (c) The office of credit unions gives a class 3 notice, under ch. 985, in the official state newspaper by publication on the office's Web site for a reasonable period of time, which includes the date on which the notice is first published, of the application to take an action under sub. (3) and of the opportunity for a hearing and, if at least 25 residents of this state petition for a hearing within 30 days of the final date that the notice was first published or if the office of credit unions on its own motion calls for a hearing within 30 days of the final date that the notice was first published, the office of credit unions holds a public hearing on the application, except that a hearing is not required if the office of credit unions finds that an emergency exists and that the proposed action under sub. (3) is necessary and appropriate to prevent the probable failure of a Wisconsin credit union that is closed or in danger of closing.

AB75-ASA1, s. 2454k Section 2454k. 196.025 (6) of the statutes is created to read:

AB75-ASA1,1320,7 196.025 (6) Police and fire protection fee. (a) In this subsection:

AB75-ASA1,1320,9 1. "Communications provider" means a person that provides communications service.

AB75-ASA1,1320,11 2. "Communications service" means active voice or nonvoice communications service.

AB75-ASA1,1320,12 3. "Department" means the department of revenue.

AB75-ASA1,1320,20 (b) 1. Except as provided in subd. 2., a communications provider shall impose a monthly fee of $0.75 on each communications service connection that the communications provider provides to a subscriber. A communications provider may list the fee separately from other charges on a subscriber's bill, and if a communications provider does so, the communications provider shall identify the fee as "police and fire protection fee." Any partial payment of a fee by a subscriber shall first be applied to any amount the subscriber owes the communications provider for communications service.

AB75-ASA1,1321,2 2. A communications provider that offers a prepaid wireless telecommunications plan, or a retailer that offers such a plan on behalf of a communications provider, shall impose a fee equal to $0.38 on each retail transaction for such a plan that occurs in this state. A communications provider or retailer may state the amount of the fee separately on a bill for the retail transaction, and if a communications provider or retailer does so, the communications provider or retailer shall identify the fee as "police and fire protection fee."

AB75-ASA1,1321,6 (c) 1. Except as provided in subd. 2., no later than the first calendar month following the calendar month in which a communications provider or retailer receives from a subscriber a fee imposed under par. (b), the communications provider or retailer shall remit the fee to the commission.

AB75-ASA1,1321,12 2. The commission may contract with the department for the collection of fees imposed under par. (b) 2. If the commission and department enter into such a contract, no later than the first calendar month following the calendar month in which a communications provider or retailer receives from a subscriber a fee imposed under par. (b) 2., the communications provider or retailer shall remit the fee to the department.

AB75-ASA1,1321,14 3. The commission and department shall deposit all fees remitted under subds. 1. and 2. into the police and fire protection fund.

AB75-ASA1,1321,15 (d) The commission may do any of the following:

AB75-ASA1,1321,16 1. Promulgate rules for administering this subsection.

AB75-ASA1,1321,18 2. Bring an action to collect any amount that is required to be remitted under par. (c).

AB75-ASA1, s. 2460d Section 2460d. 196.202 (2) of the statutes is amended to read:

AB75-ASA1,1322,5 196.202 (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. ss. 196.025 (6), 196.218 (3) 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, and 196.859, and 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 ss. 196.025 (6), 196.218 (3), and 196.859.

AB75-ASA1, s. 2460r Section 2460r. 196.203 (1) of the statutes is amended to read:

AB75-ASA1,1322,12 196.203 (1) Alternative telecommunications utilities are exempt from all provisions of ch. 201 and this chapter, except as provided in this section, and except that an alternative telecommunications utility is subject to s. 196.025 (6), and except that an alternative telecommunications utility that is a local government telecommunications utility, as defined in s. 196.204 (5) (ag) 1., is subject to s. 196.204 (5).

AB75-ASA1, s. 2461 Section 2461. 196.218 (3) (a) 3. b. of the statutes is amended to read:

AB75-ASA1,1322,15 196.218 (3) (a) 3. b. The amounts appropriated under ss. 20.255 (3) (q) and, (qm), and (r), 20.285 (1) (q), and 20.505 (4) (s), (t), (tm), (tu), and (tw).

AB75-ASA1, s. 2463 Section 2463. 196.218 (5) (a) 13. of the statutes is created to read:

AB75-ASA1,1322,18 196.218 (5) (a) 13. To pay the costs of library service contracts under s. 43.03 (6) and (7).

AB75-ASA1, s. 2475g Section 2475g. 196.491 (2) (g) of the statutes is amended to read:

AB75-ASA1,1323,11 196.491 (2) (g) No sooner than 30 and no later than 90 days after copies of the draft are issued under par. (b), the commission shall hold a hearing on the draft which may not be a hearing under s. 227.42 or 227.44. The hearing shall be held in an administrative district, established by executive order 22, issued August 24, 1970, which the commission determines will be significantly affected by facilities on which an electric utility plans to commence construction within 3 years. The commission may thereafter adjourn the hearing to other locations or may conduct the hearing by interactive video conference or other electronic method. Notice of such hearing shall be given by class 1 notice, under ch. 985, published in the official state newspaper and such other regional papers of general circulation as may be designated by the commission and by publication on the commission's Web site for a reasonable period of time. At such hearing the commission shall briefly describe the strategic energy assessment and give all interested persons an opportunity, subject to reasonable limitations on the presentation of repetitious material, to express their views on any aspect of the strategic energy assessment. A record of the hearing shall be made and considered by the commission as comments on the strategic energy assessment under par. (e).

AB75-ASA1, s. 2475k Section 2475k. 196.499 (1) (intro.) of the statutes is amended to read:

AB75-ASA1,1323,15 196.499 (1) Scope. (intro.) Notwithstanding any other provisions of this chapter, a telecommunications carrier is not subject to regulation under this chapter, except for s. 196.025 (6), and except under each of the following provisions:

AB75-ASA1, s. 2476 Section 2476. 196.859 of the statutes is created to read:

AB75-ASA1,1323,19 196.859 Assessment for telecommunications utility trade practices. (1) The commission shall annually assess against telecommunications utilities the total of the amount appropriated under s. 20.115 (1) (jm).

AB75-ASA1,1324,2 (2) The commission shall assess a sum equal to the annual total amount under sub. (1) to telecommunications utilities in proportion to their gross operating revenues during the last calendar year. A telecommunications utility shall pay the assessment within 30 days after the bill has been mailed to the assessed telecommunications utility. The bill constitutes notice of the assessment and demand of payment. Payments shall be credited to the appropriation account under s. 20.115 (1) (jm).

AB75-ASA1,1324,4 (3) Section 196.85 (3) to (8), as it applies to assessments under s. 196.85 (1) or (2), applies to assessments under this section.

AB75-ASA1,1324,7 (4) A telecommunications utility may not recover the assessment under this section by billing a customer for the assessment on a separate line in a billing statement.

AB75-ASA1, s. 2476j Section 2476j. 200.47 (2) (a) of the statutes is amended to read:

AB75-ASA1,1324,17 200.47 (2) (a) Except for a contract awarded under par. (f) and except as provided in par. (b), all work done and all purchases of supplies and materials by the commission shall be by contract awarded to the lowest responsible bidder complying with the invitation to bid, if the work or purchase involves an expenditure of $20,000 or more. If the commission decides to proceed with construction of any sewer after plans and specifications for the sewer are completed and approved by the commission and by the department of natural resources under ch. 281, the commission shall advertise by a class 2 notice under ch. 985 for construction bids. All contracts and the awarding of contracts are subject to s. 66.0901.

AB75-ASA1, s. 2476je Section 2476je. 200.47 (2) (f) of the statutes is created to read:

AB75-ASA1,1324,23 200.47 (2) (f) 1. In this paragraph, "design-build construction process" means a project delivery and procurement process for the design, construction, repair, renovation, installation, or demolition of a public works project under which a single entity is responsible for the professional design services and construction services related to the project.

AB75-ASA1,1325,5 2. The commission may let only one contract under sub. (1) that uses the design-build construction process, and that contract may be let only for a project to purchase and install 5 turbines, associated equipment, and buildings that are capable of transforming landfill gas into electricity, after the landfill gas is transported via pipeline from the Emerald Park Landfill in the city of Muskego to the Jones Island Water Reclamation Facility in the city of Milwaukee. The design-build construction process may not be used for the pipeline.

AB75-ASA1,1325,9 3. A contract that is let under sub. (1) and that uses the design-build construction process under subd. 2. does not need to comply with s. 200.49, although the commission shall make an effort to ensure that the goal described in s. 200.49 (3) (a) is met and that the good faith effort described in s. 200.49 (3) (b) is made.

AB75-ASA1, s. 2476m Section 2476m. 213.107 of the statutes is created to read:

AB75-ASA1,1325,17 213.107 State-sanctioned fire fighter service medal. If the board of directors of the State Fire Fighters Memorial submits to the secretary of administration a recommended design for a state-sanctioned medal honoring the service of the fire fighters of this state, the secretary shall review and may approve the design. If the secretary approves the design, the medal shall become the only state-sanctioned fire fighter service medal and the board of directors of the State Fire Fighters Memorial has the exclusive right to sell or authorize sale of the medal.

AB75-ASA1, s. 2476n Section 2476n. 214.17 (3) of the statutes is amended to read:

AB75-ASA1,1326,5 214.17 (3) The division publishes under ch. 985 a class 3 notice, in the official state newspaper department of financial institutions publishes a notice on the department's Web site for a reasonable period of time, which includes the date on which the notice is first published, of the application to take an action under s. 214.165 and of the opportunity for a hearing and, if at least 25 residents of this state petition for a hearing within 30 days of the final date that the notice was first published or if the division on the division's own motion calls for a hearing within 30 days of the final date that the notice was first published, the division holds a public hearing on the application, except that a hearing is not required if the division finds that an emergency exists and that the proposed action under s. 214.165 is necessary and appropriate to prevent the probable failure of an in-state savings bank that is closed or in danger of closing.

AB75-ASA1, s. 2476nm Section 2476nm. 214.40 (3) of the statutes is amended to read:

AB75-ASA1,1326,10 214.40 (3) A stock financial institution seeking to convert to a savings bank under s. 214.66 (1m) shall, before declaring a dividend on its capital stock, transfer not less than 50% of its net profits of the preceding half year to its paid-in surplus until it has paid-in surplus equal to 20% of capital stock.

AB75-ASA1, s. 2476o Section 2476o. 214.66 (intro.) (except 214.66 (title)) of the statutes is renumbered 214.66 (1m) (intro.).

AB75-ASA1, s. 2476p Section 2476p. 214.66 (1m) (title) of the statutes is created to read:

AB75-ASA1,1326,14 214.66 (1m) (title) From savings and loan association or federal savings bank.

AB75-ASA1, s. 2476t Section 2476t. 214.66 (2) of the statutes is created to read:

AB75-ASA1,1326,17 214.66 (2) From credit union. A credit union under ch. 186 may become a mutual savings bank by doing all of the following:

AB75-ASA1,1326,20 (a) Applying to the division for authority to organize as a mutual savings bank and satisfying all requirements under this chapter for organizing as a mutual savings bank.

AB75-ASA1,1326,22 (b) Satisfying all requirements under s. 186.314 (2) for conversion to a mutual savings bank.

AB75-ASA1,1326,24 (c) Recording the mutual savings bank's articles of incorporation in the county in which its home office is located.

AB75-ASA1, s. 2476w Section 2476w. 215.36 (5) (c) of the statutes is amended to read:

AB75-ASA1,1327,12 215.36 (5) (c) The division publishes under ch. 985 a class 3 notice, in the official state newspaper department of financial institutions publishes a notice on the department's Web site for a reasonable period of time, which includes the date on which the notice is first published, of the application to take an action under sub. (4) and of the opportunity for a hearing and, if at least 25 residents of this state petition for a hearing within 30 days of the final date that the notice was first published or if the division on the division's motion calls for a hearing within 30 days of the final date that the notice was first published, the division holds a public hearing on the application, except that a hearing is not required if the division finds that an emergency exists and that the proposed action under sub. (4) is necessary and appropriate to prevent the probable failure of an in-state savings and loan that is closed or in danger of closing.

AB75-ASA1, s. 2476x Section 2476x. 221.0901 (4) (d) of the statutes is amended to read:

AB75-ASA1,1327,20 221.0901 (4) (d) Cause to be published a class 3 notice, under ch. 985, in the form prescribed by the division, in the official state newspaper on the department of financial institution's Web site for a reasonable period of time, of the application under par. (a) and of the opportunity for a hearing under sub. (5). If the application is to acquire an in-state bank, the notice also shall be published in a newspaper of general circulation in the city, village or town where the home office of the in-state bank is located.

AB75-ASA1, s. 2477 Section 2477. 227.01 (13) (t) of the statutes is amended to read:

AB75-ASA1,1327,25 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904, 103.49, 103.50, and 229.8275, except that any action or inaction which ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904, 103.49, 103.50, and 229.8275 is subject to judicial review under s. 227.40.

AB75-ASA1, s. 2478 Section 2478. 227.01 (13) (yL) of the statutes is created to read:

AB75-ASA1,1328,3 227.01 (13) (yL) Relates to administration of the southeast Wisconsin transit capital assistance program under s. 85.11.

AB75-ASA1, s. 2478c Section 2478c. 227.01 (13) (zx) of the statutes is repealed.

AB75-ASA1, s. 2478e Section 2478e. 227.01 (13) (zz) of the statutes is created to read: