Wisconsin Legislature: 9,2336mt

(d) "Nonutility affiliate" has the meaning given in s. 196.795 (1) (j).

(e) "Public utility affiliate" has the meaning given in s. 196.795 (1) (L).

(f) "Sell an energy unit" means to sell, offer by lease, or otherwise transfer ownership or control of the energy unit.

(fg) "Transmission company" has the meaning given in s. 196.485 (1) (ge).

(fr) "Transmission utility" has the meaning given in s. 196.485 (1) (i).

(g) "Unit" means a division, department or other operational business unit of an affiliate or utility.

(2) Offer of employment. (a) Except as provided in par. (b), a person may not sell an energy unit unless the terms of the transfer require the person to which the energy unit is transferred to offer employment to the nonsupervisory employes who are employed with the energy unit immediately prior to the transfer and who are necessary for the operation and maintenance of the energy unit.

(b) 1. A public utility affiliate may not sell an energy unit to a nonutility affiliate in the same holding company system unless the terms of the transfer require the nonutility affiliate to offer employment to all of the nonsupervisory employes who are employed with the energy unit immediately prior to the transfer.

2. A transmission company to which an energy unit is sold by a transmission utility shall, beginning on the expiration of the 3-year period specified in s. 196.485 (3m) (a) 1. b. or, if applicable, the expiration of any extension of such 3-year period, offer employment to the nonsupervisory employes who are employed with the energy unit immediately prior to the transfer and who are necessary for the operation and maintenance of the energy unit.

(3) Employment terms and conditions. (a) Except as provided in par. (b), the employment that is offered under sub. (2) shall satisfy each of the following during the 30-month period beginning immediately after the transfer:

1. Wage rates shall be no less than the wage rates in effect immediately prior to the transfer.

2. Fringe benefits shall be substantially equivalent to the fringe benefits in effect immediately prior to the transfer.

3. Terms and conditions of employment, other than wage rates and fringe benefits, shall be substantially equivalent to the terms and conditions in effect immediately prior to the transfer.

(b) A collective bargaining agreement may modify or waive a requirement specified in par. (a).

(4) Commission approval. Except for a cooperative association, as defined in s. 196.491 (1) (bm), or a transmission utility that sells an energy unit to a transmission company, no person may sell an energy unit unless the commission determines that the person has satisfied subs. (2) and (3).

9,2336gm Section 2336gm. 196.85 (2m) of the statutes is amended to read:

196.85 (2m) Annually, the commission shall assess telecommunications utilities for the cost of one attorney position in the department of justice to provide services relating to telecommunications matters and for the cost of supplies, services and equipment related to that position. The amounts received under this subsection shall be credited to the appropriation under s. 20.455 (1) (kt). This subsection does not apply after June 30, 1999 2001.

9,2336gq Section 2336gq. 196.856 of the statutes is created to read:

196.856 Assessment for stray voltage research. (1) In this section, "electric cooperative" means a cooperative association organized under ch. 185 for the purpose of generating, distributing or furnishing electric energy at retail or wholesale to its members only.

(2) The commission shall assess annually 91% of the amount appropriated under s. 20.155 (1) (jm) to public utilities that produce electricity in proportion to their respective electric gross operating revenues during the last calendar year, derived from intrastate operations. The commission shall assess annually 9% of the amount appropriated under s. 20.155 (1) (jm) to electric cooperatives in proportion to their gross operating revenues during the last calendar year, derived from intrastate operations. The amounts received under this section shall be credited to the appropriation account under s. 20.155 (1) (jm). A public utility or electric cooperative shall pay the total amount that it is assessed under this subsection within 30 days after it receives a bill for that amount from the commission. The bill constitutes notice of the assessment and demand of payment.

9,2336mt Section 2336mt. 196.86 of the statutes is created to read:

196.86 Assessments for air quality improvement program. (1) In this section:

(a) "Department" means the department of natural resources.

(b) "Electric public utility affiliate" means a public utility affiliate, as defined in s. 196.795 (1) (L), that sells electricity in this state.

(c) "Heat throughput ratio" means the result obtained by dividing the total heat throughput of all electric generating facilities that use fossil fuel of an individual electric public utility affiliate by the total heat throughput of all electric generating facilities that use fossil fuel of all electric public utility affiliates.

(d) "Initial compliance date" means the date specified in a notice by the department of natural resources under s. 285.48 (2) by which electric generating facilities in the midcontinent area of this state are required to comply with initial nitrogen oxide emission reduction requirements.

(e) "Midcontinent area" has the meaning given in s. 16.958 (1) (e).

(2) If the department of natural resources makes a notification to the commission under s. 285.48 (2), the commission shall assess against electric public utility affiliates a total of $2,400,000, or a decreased amount specified in a notice by the department of natural resources under s. 285.48 (3) (d) 3., in each fiscal year of the 10-year period that commences on July 1 of the fiscal year ending before the initial compliance date. An assessment in a fiscal year against an electric public utility affiliate under this subsection shall be in amount that is proportionate to the electric public utility affiliate's heat throughput ratio for the prior fiscal year.

(3) An electric public utility affiliate shall pay an assessment required under sub. (2) within 30 days after the commission has mailed a bill for the assessment. The bill constitutes notice of the assessment and demand of payment. Payments shall be deposited in the air quality improvement fund.

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

9,2336u Section 2336u. 200.01 (2) of the statutes is amended to read:

200.01 (2) "Public service corporation" means and embraces every corporation, except municipalities and other political subdivisions, which is a public utility as defined in s. 196.01, and every corporation which is a railroad as defined in s. 195.02, but shall not include a public utility corporation receiving an annual gross revenue of less than $1,000 for the calendar year next preceding the issuance of any securities by it. "Public service corporation" includes a holding company, as defined under s. 196.795 (1) (h), which is a public utility, as defined under s. 196.01 (5). "Public service corporation" does not include a telecommunications utility, as defined in s. 196.01 (10). "Public service corporation" does not include any other holding company unless the holding company was formed after November 28, 1985, and unless the commission has determined, under s. 196.795 (7) (a), that each nonutility affiliate, as defined under s. 196.795 (1) (j), does not and cannot reasonably be expected to do at least one of the items specified in s. 196.795 (7) (a). "Public service corporation" does not include a company, as defined in s. 196.795 (1) (f), which owns, operates, manages or controls a telecommunications utility, as defined in s. 196.01 (10), unless such company also owns, operates, manages or controls a public utility which is not a telecommunications utility. "Public service corporation" does not include a transmission company, as defined in s. 196.485 (1) (ge).

9,2337a Section 2337a. 214.01 (1) (im) of the statutes is amended to read:

214.01 (1) (im) "Division" means the division of savings and loan institutions.

9,2338a Section 2338a. 214.592 of the statutes is amended to read:

214.592 Financially related services tie-ins. In any transaction conducted by a savings bank, a savings bank holding company or a subsidiary of either with a customer who is also a customer of any other subsidiary of any of them, the customer shall be given a notice in 12-point boldface type in substantially the following form:

NOTICE OF RELATIONSHIP

This company, .... (insert name and address of savings bank, savings bank holding company or subsidiary), is related to .... (insert name and address of savings bank, savings bank holding company or subsidiary) of which you are also a customer. You may not be compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction.

If you feel that you have been compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction, you should contact the management of either of the above companies at either of the above addresses or the division of savings and loan institutions at .... (insert address).

9,2339a Section 2339a. 215.01 (6) of the statutes is amended to read:

215.01 (6) "Division" means the division of savings and loan institutions.

9,2340a Section 2340a. 215.02 (title) of the statutes is amended to read:

215.02 (title) Division of savings and loan institutions.

9,2341a Section 2341a. 215.141 of the statutes is amended to read:

215.141 Financially related services tie-ins. In any transaction conducted by an association, a savings and loan holding company or a subsidiary of either with a customer who is also a customer of any other subsidiary of any of them, the customer shall be given a notice in 12-point boldface type in substantially the following form:

NOTICE OF RELATIONSHIP

This company, ..... (insert name and address of association, savings and loan holding company or subsidiary), is related to ..... (insert name and address of association, savings and loan holding company or subsidiary) of which you are also a customer. You may not be compelled to buy any product or service from either of the above companies or any other related company in order to participate in this transaction.

9,2341b Section 2341b. 217.05 (1m) (a) (intro.) of the statutes is amended to read:

217.05 (1m) (a) (intro.) In addition to the information required under sub. (1) and except as provided in par. (c), the application shall contain the following:

9,2341d Section 2341d. 217.05 (1m) (c) of the statutes is created to read:

217.05 (1m) (c) 1. If an applicant who is an individual does not have a social security number, the applicant, as a condition of applying for or applying to renew a license, shall submit a statement made or subscribed under oath or affirmation to the division that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development.

2. Notwithstanding s. 217.09 (7), any license issued or renewed in reliance upon a false statement submitted by an applicant under subd. 1 is invalid.

9,2341f Section 2341f. 217.06 (4) of the statutes is amended to read:

217.06 (4) The applicant has provided the all information required under s. 217.05 (1m) (a).

9,2341h Section 2341h. 218.01 (2) (ie) 1. of the statutes is amended to read:

218.01 (2) (ie) 1. In addition to any other information required under this subsection and except as provided in subd. 3., an application by an individual for the issuance or renewal of a license described in par. (d) shall include the individual's social security number and an application by a person who is not an individual for the issuance or renewal of a license described in par. (d) 1., 2., 3. or 5. shall include the person's federal employer identification number. The licensor may not disclose any information received under this subdivision to any person except the department of industry, labor and job development [department of workforce development] for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

9,2341j Section 2341j. 218.01 (2) (ie) 3. of the statutes is created to read:

218.01 (2) (ie) 3. If an applicant for the issuance or renewal of a license described in par. (d) is an individual who does not have a social security number, the applicant, as a condition of applying for or applying to renew the license, shall submit a statement made or subscribed under oath or affirmation to the licensor that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.

9,2341L Section 2341L. 218.01 (2) (ig) 1. (intro.) of the statutes is amended to read:

218.01 (2) (ig) 1. (intro.) In addition to any other information required under this subsection and except as provided in subd. 3., an application for a license described in par. (dr) shall include the following:

9,2341n Section 2341n. 218.01 (2) (ig) 3. of the statutes is created to read:

218.01 (2) (ig) 3. If an applicant for the issuance or renewal of a license described in par. (dr) is an individual who does not have a social security number, the applicant, as a condition of applying for or applying to renew the license, shall submit a statement made or subscribed under oath or affirmation to the licensor that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.

9,2342abc Section 2342abc. 218.01 (2) (L) of the statutes is created to read:

218.01 (2) (L) 1. Words and phrases defined in sub. (2c) (am) have the same meaning in this paragraph.

2. The department may not issue a dealer license under this section, unless the department has determined that no factory will hold an ownership interest in or operate or control the dealership or that one of the exceptions under sub. (2c) (cm) applies.

3. If the applicant asserts that sub. (2c) (cm) 2. applies, the department shall require the applicant to provide a copy of the written agreement described in sub. (2c) (cm) 2. d. for examination by the department to ensure that the agreement meets the requirements of sub. (2c) (cm) 2.

4. If the division of hearings and appeals determines, after a hearing on the matter at the request of the department or any licensee, that a factory holds an ownership interest in a dealership or operates or controls a dealership in violation of sub. (2c), the division shall order the denial or revocation of the dealership's license.

9,2342abf Section 2342abf. 218.01 (2c) (intro.) of the statutes is renumbered 218.01 (2c) (bm) and amended to read:

218.01 (2c) (bm) A manufacturer, importer or distributor, or a subsidiary thereof, factory shall not own, directly or indirectly, hold an ownership interest in or operate or control a motor vehicle dealership in this state.

(cm) This subsection does not prohibit any of the following:

9,2342abi Section 2342abi. 218.01 (2c) (a) of the statutes is renumbered 218.01 (2c) (cm) 1. and amended to read:

218.01 (2c) (cm) 1. The ownership and operation by a manufacturer, importer or distributor, or a subsidiary thereof, of A factory from holding an ownership interest in or operating a dealership for a temporary period, not to exceed one year, during the transition from one owner or dealer operator to another.

9,2342abL Section 2342abL. 218.01 (2c) (am) of the statutes is created to read:

218.01 (2c) (am) In this subsection:

1. "Agent" means a person who is employed by or affiliated with a factory or who directly or through an intermediary is controlled by or under common control of a factory.

2. "Control" means the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, by contract or otherwise. "Control" does not include the relationship between a factory and a dealership under a basic agreement filed under sub. (2) (bd) 1.

3. "Dealer operator" means an individual who is vested with the power and authority to operate a dealership.

4. "Dealership" means a person licensed or required to be licensed as a motor vehicle dealer under this section.

4m. "Department" means the department of transportation.

5. "Factory" means a manufacturer, distributor or importer, or an agent of a manufacturer, distributor or importer.

6. "Operate" means to directly or indirectly manage a dealership.

7. "Ownership interest" means the beneficial ownership of one percent or more of any class of equity interest in a dealership, whether the interest is that of a shareholder, partner, limited liability company member or otherwise. To "hold" an ownership interest means to have possession of, title to or control of the ownership interest, whether directly or indirectly through a fiduciary or an agent.

9,2342abo Section 2342abo. 218.01 (2c) (b) of the statutes is repealed.

9,2342abr Section 2342abr. 218.01 (2c) (c) of the statutes is renumbered 218.01 (2c) (cm) 3. and amended to read:

218.01 (2c) (cm) 3. The ownership, operation or control of a dealership by a manufacturer, importer or distributor, or subsidiary thereof, which factory that does not meet the conditions under par. (a) or (b) subds. 1. or 2., if the division of hearings and appeals determines, after a hearing on the matter at the request of any party, that there is no prospective independent dealer available to own and operate the dealership in a manner consistent with the public interest and that meets the reasonable standard and uniformly applied qualifications of the manufacturer, importer or distributor factory.

9,2342abu Section 2342abu. 218.01 (2c) (cm) 2. of the statutes is created to read:

218.01 (2c) (cm) 2. A factory from holding an ownership interest in a dealership, if all of the following apply: