Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,548,25 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.

AB133-ASA1-CA1,549,3 c. The dealer operator of the dealership holds not less than 15 percent of the total ownership interests in the dealership within one year from the date that the factory initially acquires any ownership interest in the dealership.

AB133-ASA1-CA1,549,7 d. There is a bona fide written agreement in effect between the factory and the dealer operator of the dealership under which the dealer operator will acquire all of the ownership interest in the dealership held by the factory on reasonable terms specified in the agreement.

AB133-ASA1-CA1,549,11 f. The written agreement described in subd. 2. d. provides that the dealer operator will make reasonable progress toward acquiring all of the ownership interest in the dealership, and the dealer is making reasonable progress toward acquiring all of the ownership interest in the dealership.

AB133-ASA1-CA1,549,17 g. Not more than eight years have elapsed since the factory initially acquired its ownership interest in the dealership, unless the department, upon petition by the dealer operator, determines that there is good cause to allow the dealer operator a longer period to complete his or her acquisition of all of the ownership interest in the dealership held by the factory and the longer period determined by the department has not yet elapsed.

AB133-ASA1-CA1, s. 2342bv Section 2342bv. 218.01 (2c) (cm) 4. of the statutes is created to read:

AB133-ASA1-CA1,549,21 218.01 (2c) (cm) 4. The holding or acquisition, solely for investment purposes, of an ownership interest in a publicly traded corporation by an employe benefit plan that is sponsored by a factory.

AB133-ASA1-CA1, s. 2342bw Section 2342bw. 218.01 (2c) (cm) 5. of the statutes is created to read:

AB133-ASA1-CA1,549,25 218.01 (2c) (cm) 5. A factory from holding an ownership interest in a dealership trading solely in any line make of new motor vehicles weighing less than 8,500 pounds gross vehicle weight, if all of the following apply:

AB133-ASA1-CA1,550,2 a. No more than 10 locations for the line make are licensed and in operation in the state on or after January 1, 1999.

AB133-ASA1-CA1,550,5 b. At the time the factory first acquires an ownership interest in the dealership, the distance between the dealership and the nearest nonaffiliated new motor vehicle dealership trading in the same line make of motor vehicles is no less than 35 miles.

AB133-ASA1-CA1,550,7 c. The factory does not own, directly or indirectly, in aggregate, in excess of a 45% interest in the dealership.

AB133-ASA1-CA1,550,12 d. The factory provides written assurance to the department that on all matters pertaining to the operation of the dealership, the dealership has the same degree of independence from the factory as have all other dealerships of the same line make, including the right to seek legally enforceable redress against the manufacturer in any dispute arising under the franchise agreement.

AB133-ASA1-CA1,550,22 e. All franchise agreements for the line make of new motor vehicles include provisions for actively sharing responsibility between the factory and representatives of the dealers of the line make for decision-making on matters within the scope of the agreement that significantly affect the retail automotive business including prior approval of any performance standards binding on dealers, prior and ongoing review of the allocation system the factory uses for distributing new motor vehicles covered by the franchise agreement, prior approval of any proposed supplements to the franchise agreement applicable to dealerships in which the factory owns a partial interest and approval of any superseding franchise agreement before the agreement is offered to dealers of the line make.

AB133-ASA1-CA1, s. 2342bvm Section 2342bvm. 218.01 (3x) (c) 1. g. of the statutes is created to read:

AB133-ASA1-CA1,551,2 218.01 (3x) (c) 1. g. Whether the dealer and affected grantor have previously agreed upon a specific action that is inconsistent with the proposed action and, if so, whether there has been a change in circumstances sufficient to justify the proposed action.

AB133-ASA1-CA1, s. 2342bw Section 2342bw. 218.01 (3x) (d) 1. of the statutes is repealed.".

AB133-ASA1-CA1,551,4 1325. Page 1186, line 9: after that line insert:

AB133-ASA1-CA1,551,5 " Section 2336mt. 196.86 of the statutes is created to read:

AB133-ASA1-CA1,551,7 196.86 Assessments for air quality improvement program. (1) In this section:

AB133-ASA1-CA1,551,8 (a) "Department" means the department of natural resources.

AB133-ASA1-CA1,551,10 (b) "Electric public utility affiliate" means a public utility affiliate, as defined in s. 196.795 (1) (L), that sells electricity in this state.

AB133-ASA1-CA1,551,14 (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.

AB133-ASA1-CA1,551,18 (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.

AB133-ASA1-CA1,551,19 (e) "Midcontinent area" has the meaning given in s. 16.958 (1) (e).

AB133-ASA1-CA1,552,3 (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.

AB133-ASA1-CA1,552,7 (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.

AB133-ASA1-CA1,552,9 (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.".

AB133-ASA1-CA1,552,10 1326. Page 1186, line 9: after that line insert:

AB133-ASA1-CA1,552,11 " Section 2336u. 200.01 (2) of the statutes is amended to read:

AB133-ASA1-CA1,553,5 200.01 (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).".

AB133-ASA1-CA1,553,6 1327. Page 1188, line 13: after that line insert:

AB133-ASA1-CA1,553,7 " Section 2342Lj. 218.11 (2) (am) 2. of the statutes is amended to read:

AB133-ASA1-CA1,553,10 218.11 (2) (am) 2. The licensor department shall deny an application for the issuance or renewal of a license if the information required under subd. 1. is not included in the application.

AB133-ASA1-CA1, s. 2342Lk Section 2342Lk. 218.11 (2) (am) 3. of the statutes is amended to read:

AB133-ASA1-CA1,553,16 218.11 (2) (am) 3. The licensor department of commerce may not disclose any information received under subd. 1. to any person except to the department of industry, labor and job development workforce development for purposes of administering s. 49.22 or to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.".

AB133-ASA1-CA1,553,17 1328. Page 1188, line 13: after that line insert:

AB133-ASA1-CA1,553,18 " Section 2342Lm. 218.11 (2) (am) 1. of the statutes is amended to read:

AB133-ASA1-CA1,553,24 218.11 (2) (am) 1. In addition to any other information required under par. (a) and except as provided in subd. 4., an application by an individual for the issuance or renewal of a license under this section shall include the individual's social security number and, if the application is made by a person who is not an individual for the issuance or renewal of a license under this section shall include the person's federal employer identification number.

AB133-ASA1-CA1, s. 2342Ln Section 2342Ln. 218.11 (2) (am) 4. of the statutes is created to read:

AB133-ASA1-CA1,554,8 218.11 (2) (am) 4. 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 under this section, 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.

AB133-ASA1-CA1, s. 2342Lo Section 2342Lo. 218.11 (2) (am) 4. of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,554,17 218.11 (2) (am) 4. 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 under this section, shall submit a statement made or subscribed under oath or affirmation to the licensor department 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.".

AB133-ASA1-CA1,554,19 1329. Page 1190, line 25: delete the material beginning with that line and ending with page 1191, line 6, and substitute:

AB133-ASA1-CA1,554,20 " Section 2342pr. 218.12 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,555,2 218.12 (2) (a) Applications for mobile home salesperson's license and renewals thereof shall be made to the licensor on such forms as the licensor prescribes and furnishes and shall be accompanied by the license fee required under par. (c) or (d). The Except as provided in par. (am) 3., the application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the licensor requires.

AB133-ASA1-CA1, s. 2342ps Section 2342ps. 218.12 (2) (a) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,555,11 218.12 (2) (a) Applications for mobile home a salesperson's license and renewals thereof shall be made to the licensor department on such forms as the licensor department prescribes and furnishes and shall be accompanied by the license fee required under par. (c) or (d). Except as provided in par. (am) 3., the application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the licensor department requires.

AB133-ASA1-CA1, s. 2342pt Section 2342pt. 218.12 (2) (am) 1. of the statutes is amended to read:

AB133-ASA1-CA1,555,15 218.12 (2) (am) 1. The Except as provided in subd. 3., the licensor shall deny an application for the issuance or renewal of a license if an individual has not included his or her social security number in the application.

AB133-ASA1-CA1, s. 2342pu Section 2342pu. 218.12 (2) (am) 1. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,555,20 218.12 (2) (am) 1. Except as provided in subd. 3., the licensor department shall deny an application for the issuance or renewal of a license if an individual has not included his or her social security number in the application.

AB133-ASA1-CA1, s. 2342pv Section 2342pv. 218.12 (2) (am) 3. of the statutes is created to read:

AB133-ASA1-CA1,556,3 218.12 (2) (am) 3. If an applicant does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, 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.

AB133-ASA1-CA1, s. 2342pw Section 2342pw. 218.12 (2) (am) 3. of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,556,12 218.12 (2) (am) 3. If an applicant does not have a social security number, the applicant, as a condition of applying for or applying to renew a license under this section, shall submit a statement made or subscribed under oath or affirmation to the licensor department 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.".

AB133-ASA1-CA1,556,13 1330. Page 1191, line 6: after that line insert:

AB133-ASA1-CA1,556,14 " Section 2342pum. 218.12 (2) (am) 2. of the statutes is amended to read:

AB133-ASA1-CA1,556,19 218.12 (2) (am) 2. The licensor department of commerce may not disclose a social security number obtained under par. (a) to any person except to the department of workforce development for the sole purpose of administering s. 49.22 or to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.".

AB133-ASA1-CA1,556,20 1331. Page 1193, line 3: after that line insert:

AB133-ASA1-CA1,556,21 " Section 2344a. 221.0303 (2) of the statutes is amended to read:

AB133-ASA1-CA1,557,14 221.0303 (2) Operation and acquisition of customer bank communications terminals. A bank may, directly or indirectly, acquire, place and operate, or participate in the acquisition, placement and operation of, at locations other than its main or branch offices, customer bank communications terminals, in accordance with rules established by the division. The rules of the division shall provide that any such customer bank communications terminal shall be available for use, on a nondiscriminatory basis, by any state or national bank and by all customers designated by a bank using the terminal. This subsection does not authorize a bank which has its principal place of business outside this state to conduct banking business in this state. The customer bank communications terminals also shall be available for use, on a nondiscriminatory basis, by any credit union, savings and loan association or savings bank, if the credit union, savings and loan association or savings bank requests to share its use, subject to rules jointly established by the division of banking, the office of credit unions and the division of savings and loan institutions. The division by order may authorize the installation and operation of a customer bank communications terminal in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.

AB133-ASA1-CA1, s. 2345a Section 2345a. 221.0321 (5) of the statutes is amended to read:

AB133-ASA1-CA1,557,24 221.0321 (5) Certain secured loans. A bank may make loans secured by assignment or transfer of stock certificates or other evidence of the borrower's ownership interest in a corporation formed for the cooperative ownership of real estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage involving a one-family residence, apply to a proceeding to enforce the lender's rights in security given for a loan under this subsection. The division shall promulgate joint rules with the office of credit unions and the division of savings and loan institutions that establish procedures for enforcing a lender's rights in security given for a loan under this subsection.

AB133-ASA1-CA1, s. 2347a Section 2347a. 223.105 (3) (a) of the statutes is amended to read:

AB133-ASA1-CA1,558,7 223.105 (3) (a) To assure compliance with such rules as may be established under s. 220.04 (7) the division of banking, the office of credit unions and the division of savings and loan institutions shall, at least once every 18 months, examine the fiduciary operations of each organization which is under its respective jurisdiction and is subject to examination under sub. (2). If a particular organization subject to examination under sub. (2) is not otherwise under the jurisdiction of one of the foregoing agencies, such examination shall be conducted by the division of banking.

AB133-ASA1-CA1, s. 2348a Section 2348a. 223.105 (4) of the statutes is amended to read:

AB133-ASA1-CA1,558,18 223.105 (4) Notice of fiduciary operation. Except for those organizations licensed under ch. 221 or this chapter, any organization engaged in fiduciary operations as defined in this section shall, as required by rule, notify the division of banking, the office of credit unions or the division of savings and loan institutions of that fact, directing the notice to the agency then exercising regulatory authority over the organization or, if there is none, to the division of banking. Any organization which intends to engage in fiduciary operations shall, prior to engaging in such operations, notify the appropriate agency of this intention. The notifications required under this subsection shall be on forms and contain information required by the rules promulgated by the division of banking.

AB133-ASA1-CA1, s. 2349a Section 2349a. 223.105 (5) of the statutes is amended to read:

AB133-ASA1-CA1,559,2 223.105 (5) Enforcement remedy. The division of banking or the division of savings and loan institutions or office of credit unions shall upon the failure of such organization to submit notifications or reports required under this section or otherwise to comply with the provisions of this section, or rules established by the division of banking under s. 220.04 (7), upon due notice, order such defaulting organization to cease and desist from engaging in fiduciary activities and may apply to the appropriate court for enforcement of such order.

AB133-ASA1-CA1, s. 2350a Section 2350a. 223.105 (6) of the statutes is amended to read:

AB133-ASA1-CA1,559,10 223.105 (6) Sunset. Except for an organization regulated by the office of credit unions or the division of savings and loan institutions or an organization authorized by the division of banking to operate as a bank or trust company under ch. 221 or this chapter, an organization may not begin activity as a fiduciary operation under this section after May 12, 1992. An organization engaged in fiduciary operations under this section on May 12, 1992, may continue to engage in fiduciary operations after that date.".

AB133-ASA1-CA1,559,11 1332. Page 1193, line 3: after that line insert:

AB133-ASA1-CA1,559,12 " Section 2342xs. 218.21 (2) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,559,15 218.21 (2) (intro.) Application for a motor vehicle salvage dealer's license shall be made upon the form prescribed by the department and, except as provided in sub. (2f), shall contain:

AB133-ASA1-CA1, s. 2342xu Section 2342xu. 218.21 (2f) of the statutes is created to read:

AB133-ASA1-CA1,559,22 218.21 (2f) (a) 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 motor vehicle salvage dealer's license, shall submit a statement made or subscribed under oath or affirmation to the department 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-CA1,559,24 (b) Any motor vehicle salvage dealer's license issued or renewed in reliance upon a false statement submitted by an applicant under par. (a) is invalid.

AB133-ASA1-CA1, s. 2342xw Section 2342xw. 218.21 (2m) (a) of the statutes is amended to read:

AB133-ASA1-CA1,560,4 218.21 (2m) (a) The department shall deny an application for the issuance or renewal of a license if the any information required under sub. (2) (ag) or (am) is not included in the application.

AB133-ASA1-CA1, s. 2342xy Section 2342xy. 218.31 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,560,8 218.31 (1) (intro.) Application for a motor vehicle auction dealer's license shall be made upon the form prescribed by the department and, except as provided in sub. (1f), shall contain:

AB133-ASA1-CA1, s. 2342yc Section 2342yc. 218.31 (1f) of the statutes is created to read:

AB133-ASA1-CA1,560,15 218.31 (1f) (a) 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 motor vehicle auction dealer's license, shall submit a statement made or subscribed under oath or affirmation to the department 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-CA1,560,17 (b) Any motor vehicle auction dealer's license issued or renewed in reliance upon a false statement submitted by an applicant under par. (a) is invalid.

AB133-ASA1-CA1, s. 2342ye Section 2342ye. 218.31 (1m) (a) of the statutes is amended to read:

AB133-ASA1-CA1,560,21 218.31 (1m) (a) The department shall deny an application for the issuance or renewal of a license if the any information required under sub. (1) (ag) or (am) is not included in the application.

AB133-ASA1-CA1, s. 2342yg Section 2342yg. 218.41 (2) (am) 1. (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,560,25 218.41 (2) (am) 1. (intro.) In addition to any other information required under this subsection and except as provided in subd. 3., an application for a license under this section shall include the following: