Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,370,22 " Section 2308mg. 195.28 (1) of the statutes is amended to read:

AB133-ASA1-AA2,371,22 195.28 (1) Petition; hearing; order. Upon petition of the department, city council, village board, town board, superintendent of highways or by 5 or more electors in any town, village or city, or of any railroad corporation or railroad historical society, to determine whether a public highway and railroad grade crossing protects and promotes public safety, the office may investigate and issue an appropriate order without a public hearing. If the petitioner, railroad, railroad historical society or any interested party objects to the order and requests a hearing within 20 days after the date that the order is issued, the office shall proceed under s. 195.04. Notice of an investigation or hearing shall be served upon the department, which shall be an interested party, and any recommendation it may file with the office at or prior to a hearing, if there is one, regarding crossing protection shall be considered as evidence in the proceeding. The office shall determine whether the existing warning devices at such crossing are adequate to protect and promote public safety. If the office determines, either without or after a hearing, that protection is not adequate, it may order the railroad company or railroad historical society to keep a flagman at the crossing or to install automatic signals or other suitable safety device at specific locations at such crossing. The office may order the relocation of existing signals and devices to improve protection at a crossing. To the greatest extent practicable, orders under this subsection shall be executed in the priority recommended under sub. (2m) (d), except that the recommendation shall be disregarded if the office determines that immediate improvement of a crossing is necessary to protect public safety. Any crossing protection installed or maintained as approved by the office, whether by order or otherwise, shall be deemed adequate and appropriate protection for the crossing.

AB133-ASA1-AA2, s. 2308mj Section 2308mj. 195.28 (2m) of the statutes is created to read:

AB133-ASA1-AA2,371,25 195.28 (2m) Duties of the council on railroad grade crossings. The council on railroad grade crossings shall do all of the following:

AB133-ASA1-AA2,372,2 (a) Establish and maintain a railroad crossing data base. The data base shall be available to the office and the department.

AB133-ASA1-AA2,372,4 (b) Recommend to the office and to the department desirable funding levels for railroad crossing protection installation and maintenance under subs. (2) and (3).

AB133-ASA1-AA2,372,6 (c) Meet at least once annually to review all railroad crossing improvements ordered by the office.

AB133-ASA1-AA2,372,11 (d) Determine and recommend to the office which railroad crossing improvements should be constructed during the following 3 years and the order in which those projects should be completed to maximize the safety benefits of the projects. In determining the order in which projects should be completed, the council shall consider all of the following:

AB133-ASA1-AA2,372,12 1. The volume and speed of trains and traffic at the railroad crossing.

AB133-ASA1-AA2,372,14 2. The physical features of the railroad crossing, including curves, hills and other features that my reduce the visibility of motorists at the railroad crossing.

AB133-ASA1-AA2,372,15 3. The history of accidents at the railroad crossing.

AB133-ASA1-AA2,372,17 4. Anticipated changes in the volume or speed of motor vehicles or train traffic at the railroad crossing.

AB133-ASA1-AA2,372,18 5. Any other factors the council considers appropriate.".

AB133-ASA1-AA2,372,19 882. Page 1179, line 19: after that line insert:

AB133-ASA1-AA2,372,20 " Section 2308m. 185.981 (4t) of the statutes is amended to read:

AB133-ASA1-AA2,372,24 185.981 (4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 631.89, 632.72 (2), 632.745 to 632.749, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4) and (5), 632.872, 632.895 (10) to (13) and 632.897 (10) and chs. 149 and 155.

AB133-ASA1-AA2, s. 2308p Section 2308p. 185.983 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,373,7 185.983 (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), 631.89, 631.93, 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) and (5), 632.872, 632.895 (5) and (9) to (13), 632.896 and 632.897 (10) and chs. 609, 630, 635, 645 and 646, but the sponsoring association shall:".

AB133-ASA1-AA2,373,8 883. Page 1179, line 21: after that line insert:

AB133-ASA1-AA2,373,9 " Section 2309q. 196.19 (1m) (b) of the statutes is amended to read:

AB133-ASA1-AA2,373,18 196.19 (1m) (b) A telecommunications utility may not offer a new telecommunications service to the public without first filing a tariff for that offering with the commission. A proposed tariff offering a new telecommunications service shall be effective on the date specified in the tariff but not earlier than 10 days after the date on which the tariff is filed with the commission, unless the commission, either upon complaint or upon its own motion, suspends the operation of the new tariff by serving written notice of the suspension on the telecommunications utility within 10 days after the date of filing. The notice shall include a statement of the reason under par. (c) upon which the commission believes the tariff may be modified.

AB133-ASA1-AA2, s. 2309r Section 2309r. 196.19 (1m) (e) of the statutes is repealed.".

AB133-ASA1-AA2,373,21 884. Page 1180, line 15: delete "The commission" and substitute "The commission Except as provided in s. 196.218 (4t), the".

AB133-ASA1-AA2,373,22 885. Page 1183, line 20: after that line insert:

AB133-ASA1-AA2,373,23 " Section 2329g. 196.218 (4t) of the statutes is created to read:

AB133-ASA1-AA2,374,5 196.218 (4t) Educational telecommunications access program rules. The commission, in consultation with the department of administration and the technology for educational achievement in Wisconsin board, shall promulgate rules specifying the telecommunications services eligible for funding through the educational telecommunications access program under s. 44.73.".

AB133-ASA1-AA2,374,7 886. Page 1184, line 9: after "bases." insert "This subdivision does not apply after June 30, 2001.".

AB133-ASA1-AA2,374,8 887. Page 1184, line 18: after that line insert:

AB133-ASA1-AA2,374,9 " Section 2332n. 196.218 (5) (a) 10. of the statutes is created to read:

AB133-ASA1-AA2,374,11 196.218 (5) (a) 10. To provide administrative services under the rehabilitation teaching program for blind and visually impaired persons under s. 46.293.".

AB133-ASA1-AA2,374,13 888. Page 1185, line 20: delete the material beginning with that line and ending with page 1186, line 9, and substitute:

AB133-ASA1-AA2,374,14 " Section 2335mr. 196.44 (2) (b) of the statutes is repealed.

AB133-ASA1-AA2, s. 2336mr Section 2336mr. 196.85 (2m) of the statutes is repealed.".

AB133-ASA1-AA2,374,16 889. Page 1186, line 2: after that line insert:

AB133-ASA1-AA2,374,17 " Section 2336g. 196.77 of the statutes is amended to read:

AB133-ASA1-AA2,375,3 196.77 Promotional rates. Except as provided in this section, nothing in this chapter prohibits a telecommunications utility from filing a tariff to make a limited offering of promotional rates. A promotional rate under this section shall take effect automatically at the time specified in the tariff but not earlier than 10 days after the date the tariff is filed with the commission unless the commission authorizes an earlier effective date or suspends the tariff within 10 days after the date on which it is filed. The commission may suspend a tariff if it believes that the tariff violates s. 196.204, 196.209 or 196.219. If the commission suspends a tariff, it shall investigate and resolve the matter within 60 days after the date on which the tariff is suspended or the tariff shall be effective as filed.".

AB133-ASA1-AA2,375,4 890. Page 1186, line 9: after that line insert:

AB133-ASA1-AA2,375,5 " Section 2337a. 214.01 (1) (im) of the statutes is amended to read:

AB133-ASA1-AA2,375,6 214.01 (1) (im) "Division" means the division of savings and loan institutions.

AB133-ASA1-AA2, s. 2338a Section 2338a. 214.592 of the statutes is amended to read:

AB133-ASA1-AA2,375,11 214.592 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:

AB133-ASA1-AA2,375,12 NOTICE OF RELATIONSHIP

AB133-ASA1-AA2,375,17 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.

AB133-ASA1-AA2,375,22 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).

AB133-ASA1-AA2, s. 2339a Section 2339a. 215.01 (6) of the statutes is amended to read:

AB133-ASA1-AA2,375,24 215.01 (6) "Division" means the division of savings and loan institutions.

AB133-ASA1-AA2, s. 2340a Section 2340a. 215.02 (title) of the statutes is amended to read:

AB133-ASA1-AA2,376,2 215.02 (title) Division of savings and loan institutions.

AB133-ASA1-AA2, s. 2341a Section 2341a. 215.141 of the statutes is amended to read:

AB133-ASA1-AA2,376,8 215.141 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:

AB133-ASA1-AA2,376,9 NOTICE OF RELATIONSHIP

AB133-ASA1-AA2,376,15 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.

AB133-ASA1-AA2,376,20 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).".

AB133-ASA1-AA2,376,21 891. Page 1186, line 9: after that line insert:

AB133-ASA1-AA2,376,22 " Section 2336s. 197.04 (1) (b) and (2) of the statutes are amended to read:

AB133-ASA1-AA2,377,11 197.04 (1) (b) If within either of the 90-day periods described in par. (a) a petition conforming to the requirements of s. 8.40 is filed with the clerk of the municipality and the petition has been signed by 5% of the electors of a 1st class city or by 10% of the electors of all other municipalities requesting that the question of discontinuing the proceeding to acquire the plant or equipment of the public utility be submitted to the electors of the municipality, the applicable question under par. (c) shall be submitted to the electors at any general or regular municipal the succeeding election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that may be is held not less than 30, and not more than 35, days from the date of the filing of the petition. If no general election or regular municipal election is to be held within the stated periods, the governing body of the municipality shall order the holding of a special election for the purpose of submitting the question to the electors.

AB133-ASA1-AA2,377,21 (2) The governing body of the municipality may provide for notice of, the manner of holding s, the method of voting on, the method of making returns of, and the method of canvassing and determining the result of, the election required under sub. (1). Notice of the election to the electors shall be given by a brief notice of that fact once a week for 3 weeks in some newspaper of general circulation published in the municipality. If no newspaper of general circulation is published in the municipality, publication may be made in any newspaper of general circulation in the county seat of the county in which the municipality is located. The notice of holding any special election shall be incorporated as a part of the notice given under this subsection.

AB133-ASA1-AA2, s. 2336u Section 2336u. 197.10 (2) of the statutes is amended to read:

AB133-ASA1-AA2,378,9 197.10 (2) Such contract when adopted by the common council of said city and accepted by the owner or owners of such public utility shall be submitted to the public service commission for its approval and upon such approval the same shall be submitted in such manner as the common council shall determine to a vote of the electors of such city at the next regular municipal election or at a special election called for that purpose authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after approval of the commission, and such contract shall not become binding upon such city until approved by a majority vote of the qualified electors of such city voting thereon. No bonds shall in any case be issued by said city under the contract or contracts mentioned in sub. (1), until the proposition of their issue shall have been submitted to the people of such city and adopted by a majority of the electors voting thereon.

AB133-ASA1-AA2, s. 2336w Section 2336w. 198.19 (1) of the statutes is amended to read:

AB133-ASA1-AA2,378,25 198.19 (1) Any territory, constituting one or more municipalities contiguous to a district may be annexed to and become a part of such district to all intents and purposes and with like effect as though originally included therein upon such terms and conditions as the board of directors of the district shall fix by ordinance adopted by the affirmative vote of two-thirds of the directors-elect, provided that before such ordinance becomes effective the same shall be accepted and ratified by the affirmative vote of a majority of the qualified electors entitled to vote and voting in a special election referendum called and held for that purpose, in accordance with s. 8.065, in each municipality proposed in such ordinance to be annexed to the district. Such ordinance shall be published and such election shall be noticed, held and conducted, as nearly as may be, in the manner provided by this chapter for the noticing, holding and conduct of elections upon the organization of a municipal power district, except that the returns of such election and the ballots therein shall be delivered to the clerk of the district. The results of said election shall be canvassed publicly by the directors of the district.".

AB133-ASA1-AA2,379,1 892. Page 1186, line 9: after that line insert:

AB133-ASA1-AA2,379,2 " Section 2342bc. 218.01 (2) (L) of the statutes is created to read:

AB133-ASA1-AA2,379,4 218.01 (2) (L) 1. Words and phrases defined in sub. (2c) (am) have the same meaning in this paragraph.

AB133-ASA1-AA2,379,8 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.

AB133-ASA1-AA2,379,12 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.

AB133-ASA1-AA2,379,17 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 this subsection, the division shall order the denial or revocation of the dealership's license.

AB133-ASA1-AA2, s. 2342bf Section 2342bf. 218.01 (2c) (intro.) of the statutes is renumbered 218.01 (2c) (bm) and amended to read:

AB133-ASA1-AA2,379,22 218.01 (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.

AB133-ASA1-AA2,379,23 (cm) This subsection does not prohibit any of the following:

AB133-ASA1-AA2, s. 2342bi Section 2342bi. 218.01 (2c) (a) of the statutes is renumbered 218.01 (2c) (cm) 1. and amended to read:

AB133-ASA1-AA2,380,6 218.01 (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.

AB133-ASA1-AA2, s. 2342bL Section 2342bL. 218.01 (2c) (am) of the statutes is created to read:

AB133-ASA1-AA2,380,8 218.01 (2c) (am) In this subsection:

AB133-ASA1-AA2,380,11 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.

AB133-ASA1-AA2,380,14 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.

AB133-ASA1-AA2,380,16 3. "Dealer operator" means an individual who is vested with the power and authority to operate a dealership.

AB133-ASA1-AA2,380,18 4. "Dealership" means a person licensed or required to be licensed as a motor vehicle dealer under this section.

AB133-ASA1-AA2,380,19 4m. "Department" means the department of transportation.

AB133-ASA1-AA2,380,21 5. "Factory" means a manufacturer, distributor or importer, or an agent of a manufacturer, distributor or importer.

AB133-ASA1-AA2,380,22 6. "Operate" means to directly or indirectly manage a dealership.

AB133-ASA1-AA2,381,2 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.

AB133-ASA1-AA2, s. 2342bo Section 2342bo. 218.01 (2c) (b) of the statutes is repealed.

AB133-ASA1-AA2, s. 2342br Section 2342br. 218.01 (2c) (c) of the statutes is renumbered 218.01 (2c) (cm) 3. and amended to read:

AB133-ASA1-AA2,381,13 218.01 (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.

AB133-ASA1-AA2, s. 2342bu Section 2342bu. 218.01 (2c) (cm) 2. of the statutes is created to read:

AB133-ASA1-AA2,381,16 218.01 (2c) (cm) 2. A factory from holding an ownership interest in a dealership, if all of the following apply:

AB133-ASA1-AA2,381,18 a. The dealer operator of the dealership is an individual who is not an agent of the factory.

AB133-ASA1-AA2,381,22 b. The dealer operator of the dealership is unable to acquire full ownership of the dealership with his or her own assets or in conjunction with financial investments and loans from investors or lenders other than the factory holding an ownership interest in the dealership.