Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,532,21 a. Any repair, maintenance, installation or construction of a structure owned or used by or for a public utility, or for a customer of a public utility, if the repair, maintenance, installation or construction is related to furnishing heat, light, water or power to the customer.

AB133-ASA1-CA1,532,23 b. Any construction related to the evaluation, control or remediation of hazardous substances; solid, liquid or gaseous wastes; soils; air; or water.

AB133-ASA1-CA1,532,25 c. Any construction performed in order to comply with federal, state or local environmental laws, regulations, orders or rules.

AB133-ASA1-CA1,533,3 (c) "Economic development" means development that is designed to promote job growth or retention, expand the property tax base or improve the overall economic vitality of a municipality, as defined in s. 30.01 (4), or region.

AB133-ASA1-CA1,533,6 (d) "Engage" means to actively participate in the daily operations or daily business decisions of an entity. "Engage" does not include taking an action necessary to protect an ownership interest in an entity.

AB133-ASA1-CA1,533,7 (dg) "Entity" has the meaning given in s. 180.0103 (8).

AB133-ASA1-CA1,533,8 (dr) "Financial support" includes investments, loans and grants.

AB133-ASA1-CA1,533,9 (e) "Holding company system" has the meaning given in s. 196.795 (1) (i).

AB133-ASA1-CA1,533,16 (f) "Improvements" means any valuable addition made to land, including excavations, gradings, foundations, structures, buildings, streets, parking lots, sidewalks, sewers, septic systems and drainage facilities. "Improvements" does not include any repair, maintenance, installation or construction of structures or facilities owned or used by or for a public utility, or by or for a customer of a public utility, if the repair, maintenance, installation or construction is related to furnishing heat, light, water or power to the customer.

AB133-ASA1-CA1,533,19 (g) "Nonutility affiliate" means a subsidiary of a public utility or a company in a holding company system that is not a public utility. "Nonutility affiliate" does not include a passively held company.

AB133-ASA1-CA1,533,21 (gm) "Passively held company" means an entity that satisfies each of the following:

AB133-ASA1-CA1,533,23 1. Less than 50% of the ownership interest of the entity is directly or indirectly owned in any chain of successive ownership by a public utility or nonutility affiliate.

AB133-ASA1-CA1,534,3 2. The entity engages in property management for a 3rd party, real estate practice, residential real estate development or residential or commercial construction.

AB133-ASA1-CA1,534,8 (h) "Property management" means any activity associated with the care or maintenance of land or improvements, including business planning and budgeting, accounting, lease administration, tenant relations and retention, security, maintenance of common areas, rent collections, financial reporting, service contract administration and inspections.

AB133-ASA1-CA1,534,16 (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. 66.073 (3) (d), or any cooperative association organized under ch. 185 for the purpose of producing or furnishing heat, light, power or water to its members only.

AB133-ASA1-CA1,534,17 (i) "Real estate practice" has the meaning given in s. 452.01 (6).

AB133-ASA1-CA1,534,20 (j) "Residential construction" means the act of building any structure, or that part of any structure that is used as a home, residence or sleeping place by one or more persons maintaining a common household to the exclusion of all others.

AB133-ASA1-CA1,534,23 (k) "Residential real estate development" means the act of dividing or subdividing any parcel of land for residential construction or making improvements to facilitate or allow residential construction.

AB133-ASA1-CA1,534,25 (L) "Third party" means any person other than a public utility or nonutility affiliate.

AB133-ASA1-CA1,535,2 (2) Prohibited activities. Except as provided in sub. (4), a public utility or nonutility affiliate may not do any of the following in this state:

AB133-ASA1-CA1,535,3 (a) Engage in real estate practice.

AB133-ASA1-CA1,535,4 (b) Engage in residential real estate development.

AB133-ASA1-CA1,535,5 (c) Engage in property management for a 3rd party.

AB133-ASA1-CA1,535,6 (d) Engage in residential or commercial construction.

AB133-ASA1-CA1,535,8 (3) Permitted activities. (a) Subsection (2) does not prohibit a public utility or nonutility affiliate from doing any of the following:

AB133-ASA1-CA1,535,12 1. Repairing, maintaining, installing or constructing a structure that is owned or used by or for a public utility or nonutility affiliate, or for a customer of a public utility if the repair, maintenance, installation or construction is related to furnishing heat, light, water or power to the customer.

AB133-ASA1-CA1,535,15 2. Engaging in construction that is specifically related to the evaluation, control or remediation of hazardous substances; solid, liquid or gaseous wastes; soils; air; or water.

AB133-ASA1-CA1,535,17 3. Engaging in construction that is performed in order to comply with federal, state or local environmental laws, regulations, orders or rules.

AB133-ASA1-CA1,535,19 4. Consulting or making other financial or business arrangements with one or more 3rd parties who will engage in commercial construction.

AB133-ASA1-CA1,536,2 5. Consulting or making other financial or business arrangements with one or more 3rd parties who will engage in residential construction or residential real estate development, except that if a public utility or nonutility affiliate contracts for the development of more than one residential construction project or residential real estate development, the public utility or nonutility affiliate may not enter into an exclusive arrangement with a 3rd party for all such residential construction or residential real estate development.

AB133-ASA1-CA1,536,5 6. Acquiring or disposing of property or interests in property if the acquisition or disposition is related to the operation of a public utility and the acquisition or disposition satisfies one of the following:

AB133-ASA1-CA1,536,7 a. The acquisition or disposition is conducted under a contract with a 3rd party that is engaged in real estate practice.

AB133-ASA1-CA1,536,9 b. The acquisition or disposition is conducted by an individual engaged in real estate practice or employed by a public utility.

AB133-ASA1-CA1,536,10 7. Owning a passively held company.

AB133-ASA1-CA1,536,13 (b) Subsection (2) does not prohibit a public utility that is not subject to the requirements of s. 196.795, or the nonutility subsidiary of such a public utility, from doing any of the following:

AB133-ASA1-CA1,536,18 1. Engaging in commercial or residential real estate development or construction on property owned or acquired by the public utility or nonutility subsidiary for a public utility purpose if the total annual revenues from the development or construction do not exceed 3% of the total operating revenues of the public utility in any year.

AB133-ASA1-CA1,536,23 2. Providing financial support for the purpose of economic development to 3rd parties that are engaged in an activity specified in sub. (2) (a) to (d). The public utility or nonutility subsidiary may profit directly from that activity only through receipt of profits that are incidental to the economic development project or interest earned on a loan.

AB133-ASA1-CA1,537,6 (4) Exceptions. (a) A nonutility affiliate that has engaged in residential construction prior to, or is engaged in residential construction on, the effective date of this paragraph .... [revisor inserts date], may directly or indirectly own in any chain of successive ownership 50% or more of the ownership interest of an entity that hires a 3rd party to engage in residential construction or commercial construction that is incidental to residential construction, except that the nonutility affiliate may not actively participate in the daily operations or daily business decisions of the entity.

AB133-ASA1-CA1,537,8 (b) A public utility or nonutility affiliate may engage in residential real estate development at a brownfields facility or site.

AB133-ASA1-CA1,537,13 (5) Private cause of action. Any public utility or nonutility affiliate that does, causes or permits to be done any action prohibited under this section or fails to comply with any requirement specified in this section is liable to any person injured thereby in the amount of damages sustained in consequence of the prohibited action or failure to comply.

AB133-ASA1-CA1, s. 2335z Section 2335z. 196.807 of the statutes is created to read:

AB133-ASA1-CA1,537,16 196.807 Energy affiliate and utility employes. (1) Definitions. In this section:

AB133-ASA1-CA1,537,18 (a) "Affiliate or utility" means a nonutility affiliate, holding company system, public utility or cooperative association organized under ch. 185.

AB133-ASA1-CA1,537,21 (b) "Energy unit" means a unit in this state that is engaged in activities related to the production, generation, transmission or distribution of electricity, gas or steam or the recovery of energy from waste materials.

AB133-ASA1-CA1,537,22 (c) "Holding company system" has the meaning given in s. 196.795 (1) (i).

AB133-ASA1-CA1,537,23 (d) "Nonutility affiliate" has the meaning given in s. 196.795 (1) (j).

AB133-ASA1-CA1,537,24 (e) "Public utility affiliate" has the meaning given in s. 196.795 (1) (L).

AB133-ASA1-CA1,538,2 (f) "Sell an energy unit" means to sell, offer by lease, or otherwise transfer ownership or control of the energy unit.

AB133-ASA1-CA1,538,3 (fg) "Transmission company" has the meaning given in s. 196.485 (1) (ge).

AB133-ASA1-CA1,538,4 (fr) "Transmission utility" has the meaning given in s. 196.485 (1) (i).

AB133-ASA1-CA1,538,6 (g) "Unit" means a division, department or other operational business unit of an affiliate or utility.

AB133-ASA1-CA1,538,11 (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.

AB133-ASA1-CA1,538,15 (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.

AB133-ASA1-CA1,538,21 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.

AB133-ASA1-CA1,538,24 (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:

AB133-ASA1-CA1,539,2 1. Wage rates shall be no less than the wage rates in effect immediately prior to the transfer.

AB133-ASA1-CA1,539,4 2. Fringe benefits shall be substantially equivalent to the fringe benefits in effect immediately prior to the transfer.

AB133-ASA1-CA1,539,7 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.

AB133-ASA1-CA1,539,9 (b) A collective bargaining agreement may modify or waive a requirement specified in par. (a).

AB133-ASA1-CA1,539,13 (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).".

AB133-ASA1-CA1,539,14 1321. Page 1186, line 9: after that line insert:

AB133-ASA1-CA1,539,15 " Section 2337a. 214.01 (1) (im) of the statutes is amended to read:

AB133-ASA1-CA1,539,16 214.01 (1) (im) "Division" means the division of savings and loan institutions.

AB133-ASA1-CA1, s. 2338a Section 2338a. 214.592 of the statutes is amended to read:

AB133-ASA1-CA1,539,21 214.592 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-CA1,539,22 NOTICE OF RELATIONSHIP

AB133-ASA1-CA1,540,3 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-CA1,540,8 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-CA1, s. 2339a Section 2339a. 215.01 (6) of the statutes is amended to read:

AB133-ASA1-CA1,540,10 215.01 (6) "Division" means the division of savings and loan institutions.

AB133-ASA1-CA1, s. 2340a Section 2340a. 215.02 (title) of the statutes is amended to read:

AB133-ASA1-CA1,540,12 215.02 (title) Division of savings and loan institutions.

AB133-ASA1-CA1, s. 2341a Section 2341a. 215.141 of the statutes is amended to read:

AB133-ASA1-CA1,540,18 215.141 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-CA1,540,19 NOTICE OF RELATIONSHIP

AB133-ASA1-CA1,540,25 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-CA1,541,5 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-CA1,541,6 1322. Page 1186, line 9: after that line insert:

AB133-ASA1-CA1,541,7 " Section 2336q. 196.856 of the statutes is created to read:

AB133-ASA1-CA1,541,11 196.856 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.

AB133-ASA1-CA1,541,22 (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.".

AB133-ASA1-CA1,541,23 1323. Page 1186, line 9: after that line insert:

AB133-ASA1-CA1,541,24 " Section 2341b. 217.05 (1m) (a) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,542,2 217.05 (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:

AB133-ASA1-CA1, s. 2341d Section 2341d. 217.05 (1m) (c) of the statutes is created to read:

AB133-ASA1-CA1,542,8 217.05 (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.

AB133-ASA1-CA1,542,10 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.

AB133-ASA1-CA1, s. 2341f Section 2341f. 217.06 (4) of the statutes is amended to read:

AB133-ASA1-CA1,542,13 217.06 (4) The applicant has provided the all information required under s. 217.05 (1m) (a).