AB133-ASA1-CA1,547,1817
3. "Dealer operator" means an individual who is vested with the power and
18authority to operate a dealership.
AB133-ASA1-CA1,547,2019
4. "Dealership" means a person licensed or required to be licensed as a motor
20vehicle dealer under this section.
AB133-ASA1-CA1,547,2121
4m. "Department" means the department of transportation.
AB133-ASA1-CA1,547,2322
5. "Factory" means a manufacturer, distributor or importer, or an agent of a
23manufacturer, distributor or importer.
AB133-ASA1-CA1,547,2424
6. "Operate" means to directly or indirectly manage a dealership.
AB133-ASA1-CA1,548,5
17. "Ownership interest" means the beneficial ownership of one percent or more
2of any class of equity interest in a dealership, whether the interest is that of a
3shareholder, partner, limited liability company member or otherwise. To "hold" an
4ownership interest means to have possession of, title to or control of the ownership
5interest, whether directly or indirectly through a fiduciary or an agent.
AB133-ASA1-CA1, s. 2342br
7Section 2342br. 218.01 (2c) (c) of the statutes is renumbered 218.01 (2c) (cm)
83. and amended to read:
AB133-ASA1-CA1,548,169
218.01
(2c) (cm) 3. The ownership, operation or control of a dealership by a
10manufacturer, importer or distributor, or subsidiary thereof, which factory that does
11not meet the conditions under
par. (a) or (b) subds. 1. or 2., if the division of hearings
12and appeals determines, after a hearing on the matter at the request of any party,
13that there is no prospective independent dealer available to own and operate the
14dealership in a manner consistent with the public interest and that meets the
15reasonable standard and uniformly applied qualifications of the
manufacturer,
16importer or distributor factory.
AB133-ASA1-CA1,548,1918
218.01
(2c) (cm) 2. A factory from holding an ownership interest in a
19dealership, if all of the following apply:
AB133-ASA1-CA1,548,2120
a. The dealer operator of the dealership is an individual who is not an agent
21of the factory.
AB133-ASA1-CA1,548,2522
b. The dealer operator of the dealership is unable to acquire full ownership of
23the dealership with his or her own assets or in conjunction with financial
24investments and loans from investors or lenders other than the factory holding an
25ownership interest in the dealership.
AB133-ASA1-CA1,549,3
1c. The dealer operator of the dealership holds not less than 15 percent of the
2total ownership interests in the dealership within one year from the date that the
3factory initially acquires any ownership interest in the dealership.
AB133-ASA1-CA1,549,74
d. There is a bona fide written agreement in effect between the factory and the
5dealer operator of the dealership under which the dealer operator will acquire all of
6the ownership interest in the dealership held by the factory on reasonable terms
7specified in the agreement.
AB133-ASA1-CA1,549,118
f. The written agreement described in subd. 2. d. provides that the dealer
9operator will make reasonable progress toward acquiring all of the ownership
10interest in the dealership, and the dealer is making reasonable progress toward
11acquiring all of the ownership interest in the dealership.
AB133-ASA1-CA1,549,1712
g. Not more than eight years have elapsed since the factory initially acquired
13its ownership interest in the dealership, unless the department, upon petition by the
14dealer operator, determines that there is good cause to allow the dealer operator a
15longer period to complete his or her acquisition of all of the ownership interest in the
16dealership held by the factory and the longer period determined by the department
17has not yet elapsed.
AB133-ASA1-CA1,549,2119
218.01
(2c) (cm) 4. The holding or acquisition, solely for investment purposes,
20of an ownership interest in a publicly traded corporation by an employe benefit plan
21that is sponsored by a factory.
AB133-ASA1-CA1,549,2523
218.01
(2c) (cm) 5. A factory from holding an ownership interest in a dealership
24trading solely in any line make of new motor vehicles weighing less than 8,500
25pounds gross vehicle weight, if all of the following apply:
AB133-ASA1-CA1,550,2
1a. No more than 10 locations for the line make are licensed and in operation
2in the state on or after January 1, 1999.
AB133-ASA1-CA1,550,53
b. At the time the factory first acquires an ownership interest in the dealership,
4the distance between the dealership and the nearest nonaffiliated new motor vehicle
5dealership trading in the same line make of motor vehicles is no less than 35 miles.
AB133-ASA1-CA1,550,76
c. The factory does not own, directly or indirectly, in aggregate, in excess of a
745% interest in the dealership.
AB133-ASA1-CA1,550,128
d. The factory provides written assurance to the department that on all matters
9pertaining to the operation of the dealership, the dealership has the same degree of
10independence from the factory as have all other dealerships of the same line make,
11including the right to seek legally enforceable redress against the manufacturer in
12any dispute arising under the franchise agreement.
AB133-ASA1-CA1,550,2213
e. All franchise agreements for the line make of new motor vehicles include
14provisions for actively sharing responsibility between the factory and
15representatives of the dealers of the line make for decision-making on matters
16within the scope of the agreement that significantly affect the retail automotive
17business including prior approval of any performance standards binding on dealers,
18prior and ongoing review of the allocation system the factory uses for distributing
19new motor vehicles covered by the franchise agreement, prior approval of any
20proposed supplements to the franchise agreement applicable to dealerships in which
21the factory owns a partial interest and approval of any superseding franchise
22agreement before the agreement is offered to dealers of the line make.
AB133-ASA1-CA1,551,224
218.01
(3x) (c) 1. g. Whether the dealer and affected grantor have previously
25agreed upon a specific action that is inconsistent with the proposed action and, if so,
1whether there has been a change in circumstances sufficient to justify the proposed
2action.
AB133-ASA1-CA1,551,7
6196.86 Assessments for air quality improvement program. (1) In this
7section:
AB133-ASA1-CA1,551,88
(a) "Department" means the department of natural resources.
AB133-ASA1-CA1,551,109
(b) "Electric public utility affiliate" means a public utility affiliate, as defined
10in s. 196.795 (1) (L), that sells electricity in this state.
AB133-ASA1-CA1,551,1411
(c) "Heat throughput ratio" means the result obtained by dividing the total heat
12throughput of all electric generating facilities that use fossil fuel of an individual
13electric public utility affiliate by the total heat throughput of all electric generating
14facilities that use fossil fuel of all electric public utility affiliates.
AB133-ASA1-CA1,551,1815
(d) "Initial compliance date" means the date specified in a notice by the
16department of natural resources under s. 285.48 (2) by which electric generating
17facilities in the midcontinent area of this state are required to comply with initial
18nitrogen oxide emission reduction requirements.
AB133-ASA1-CA1,551,1919
(e) "Midcontinent area" has the meaning given in s. 16.958 (1) (e).
AB133-ASA1-CA1,552,3
20(2) If the department of natural resources makes a notification to the
21commission under s. 285.48 (2), the commission shall assess against electric public
22utility affiliates a total of $2,400,000, or a decreased amount specified in a notice by
23the department of natural resources under s. 285.48 (3) (d) 3., in each fiscal year of
24the 10-year period that commences on July 1 of the fiscal year ending before the
1initial compliance date. An assessment in a fiscal year against an electric public
2utility affiliate under this subsection shall be in amount that is proportionate to the
3electric public utility affiliate's heat throughput ratio for the prior fiscal year.
AB133-ASA1-CA1,552,7
4(3) An electric public utility affiliate shall pay an assessment required under
5sub. (2) within 30 days after the commission has mailed a bill for the assessment.
6The bill constitutes notice of the assessment and demand of payment. Payments
7shall be deposited in the air quality improvement fund.
AB133-ASA1-CA1,552,9
8(4) Section 196.85 (3) to (8), as it applies to assessments under s. 196.85 (1) or
9(2), applies to assessments under this section.".
AB133-ASA1-CA1,553,512
200.01
(2) "Public service corporation" means and embraces every corporation,
13except municipalities and other political subdivisions, which is a public utility as
14defined in s. 196.01, and every corporation which is a railroad as defined in s. 195.02,
15but shall not include a public utility corporation receiving an annual gross revenue
16of less than $1,000 for the calendar year next preceding the issuance of any securities
17by it. "Public service corporation" includes a holding company, as defined under s.
18196.795 (1) (h), which is a public utility, as defined under s. 196.01 (5). "Public service
19corporation" does not include a telecommunications utility, as defined in s. 196.01
20(10). "Public service corporation" does not include any other holding company unless
21the holding company was formed after November 28, 1985, and unless the
22commission has determined, under s. 196.795 (7) (a), that each nonutility affiliate,
23as defined under s. 196.795 (1) (j), does not and cannot reasonably be expected to do
24at least one of the items specified in s. 196.795 (7) (a). "Public service corporation"
1does not include a company, as defined in s. 196.795 (1) (f), which owns, operates,
2manages or controls a telecommunications utility, as defined in s. 196.01 (10), unless
3such company also owns, operates, manages or controls a public utility which is not
4a telecommunications utility.
"Public service corporation" does not include a
5transmission company, as defined in s. 196.485 (1) (ge).".
AB133-ASA1-CA1,553,108
218.11
(2) (am) 2. The
licensor department shall deny an application for the
9issuance or renewal of a license if the information required under subd. 1. is not
10included in the application.
AB133-ASA1-CA1,553,1612
218.11
(2) (am) 3. The
licensor department of commerce may not disclose any
13information received under subd. 1. to any person except to the department of
14industry, labor and job development workforce development for purposes of
15administering s. 49.22 or to the department of revenue for the sole purpose of
16requesting certifications under s. 73.0301.".
AB133-ASA1-CA1,553,2419
218.11
(2) (am) 1. In addition to any other information required under par. (a)
20and except as provided in subd. 4., an application by an individual for the issuance
21or renewal of a license under this section shall include the individual's social security
22number and, if the application is made by a person who is not an individual for the
23issuance or renewal of a license under this section shall include the person's federal
24employer identification number.
AB133-ASA1-CA1,554,82
218.11
(2) (am) 4. If an applicant who is an individual does not have a social
3security number, the applicant, as a condition of applying for or applying to renew
4a license under this section, shall submit a statement made or subscribed under oath
5or affirmation to the licensor that the applicant does not have a social security
6number. The form of the statement shall be prescribed by the department of
7workforce development. Any license issued or renewed in reliance upon a false
8statement submitted by an applicant under this subdivision is invalid.
AB133-ASA1-CA1, s. 2342Lo
9Section 2342Lo. 218.11 (2) (am) 4. of the statutes, as created by 1999
10Wisconsin Act .... (this act), is amended to read:
AB133-ASA1-CA1,554,1711
218.11
(2) (am) 4. If an applicant who is an individual does not have a social
12security number, the applicant, as a condition of applying for or applying to renew
13a license under this section, shall submit a statement made or subscribed under oath
14or affirmation to the
licensor department that the applicant does not have a social
15security number. The form of the statement shall be prescribed by the department
16of workforce development. Any license issued or renewed in reliance upon a false
17statement submitted by an applicant under this subdivision is invalid.".
AB133-ASA1-CA1,555,221
218.12
(2) (a) Applications for mobile home salesperson's license and renewals
22thereof shall be made to the licensor on such forms as the licensor prescribes and
23furnishes and shall be accompanied by the license fee required under par. (c) or (d).
24The Except as provided in par. (am) 3., the application shall include the applicant's
1social security number. In addition, the application shall require such pertinent
2information as the licensor requires.
AB133-ASA1-CA1, s. 2342ps
3Section 2342ps. 218.12 (2) (a) of the statutes, as affected by 1999 Wisconsin
4Act .... (this act), is amended to read:
AB133-ASA1-CA1,555,115
218.12
(2) (a) Applications for
mobile home a salesperson's license and
6renewals thereof shall be made to the
licensor department on such forms as the
7licensor department prescribes and furnishes and shall be accompanied by the
8license fee required under par. (c) or (d). Except as provided in par. (am) 3., the
9application shall include the applicant's social security number. In addition, the
10application shall require such pertinent information as the
licensor department 11requires.
AB133-ASA1-CA1,555,1513
218.12
(2) (am) 1.
The Except as provided in subd. 3., the licensor shall deny
14an application for the issuance or renewal of a license if an individual has not
15included his or her social security number in the application.
AB133-ASA1-CA1, s. 2342pu
16Section 2342pu. 218.12 (2) (am) 1. of the statutes, as affected by 1999
17Wisconsin Act .... (this act), is amended to read:
AB133-ASA1-CA1,555,2018
218.12
(2) (am) 1. Except as provided in subd. 3., the
licensor department shall
19deny an application for the issuance or renewal of a license if an individual has not
20included his or her social security number in the application.
AB133-ASA1-CA1,556,322
218.12
(2) (am) 3. If an applicant does not have a social security number, the
23applicant, as a condition of applying for or applying to renew a license under this
24section, shall submit a statement made or subscribed under oath or affirmation to
25the licensor that the applicant does not have a social security number. The form of
1the statement shall be prescribed by the department of workforce development. Any
2license issued or renewed in reliance upon a false statement submitted by an
3applicant under this subdivision is invalid.
AB133-ASA1-CA1, s. 2342pw
4Section 2342pw. 218.12 (2) (am) 3. of the statutes, as created by 1999
5Wisconsin Act .... (this act), is amended to read:
AB133-ASA1-CA1,556,126
218.12
(2) (am) 3. If an applicant does not have a social security number, the
7applicant, as a condition of applying for or applying to renew a license under this
8section, shall submit a statement made or subscribed under oath or affirmation to
9the
licensor department that the applicant does not have a social security number.
10The form of the statement shall be prescribed by the department of workforce
11development. Any license issued or renewed in reliance upon a false statement
12submitted by an applicant under this subdivision is invalid.".
AB133-ASA1-CA1,556,1915
218.12
(2) (am) 2. The
licensor department of commerce may not disclose a
16social security number obtained under par. (a) to any person except to the
17department of workforce development for the sole purpose of administering s. 49.22
18or to the department of revenue for the sole purpose of requesting certifications
19under s. 73.0301.".
AB133-ASA1-CA1,557,1422
221.0303
(2) Operation and acquisition of customer bank communications
23terminals. A bank may, directly or indirectly, acquire, place and operate, or
24participate in the acquisition, placement and operation of, at locations other than its
1main or branch offices, customer bank communications terminals, in accordance
2with rules established by the division. The rules of the division shall provide that
3any such customer bank communications terminal shall be available for use, on a
4nondiscriminatory basis, by any state or national bank and by all customers
5designated by a bank using the terminal. This subsection does not authorize a bank
6which has its principal place of business outside this state to conduct banking
7business in this state. The customer bank communications terminals also shall be
8available for use, on a nondiscriminatory basis, by any credit union, savings and loan
9association or savings bank, if the credit union, savings and loan association or
10savings bank requests to share its use, subject to rules jointly established by the
11division of banking, the office of credit unions and the division of savings
and loan 12institutions. The division by order may authorize the installation and operation of
13a customer bank communications terminal in a mobile facility, after notice and
14hearing upon the proposed service stops of the mobile facility.
AB133-ASA1-CA1,557,2416
221.0321
(5) Certain secured loans. A bank may make loans secured by
17assignment or transfer of stock certificates or other evidence of the borrower's
18ownership interest in a corporation formed for the cooperative ownership of real
19estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage
20involving a one-family residence, apply to a proceeding to enforce the lender's rights
21in security given for a loan under this subsection. The division shall promulgate joint
22rules with the office of credit unions and the division of savings
and loan institutions 23that establish procedures for enforcing a lender's rights in security given for a loan
24under this subsection.
AB133-ASA1-CA1,558,7
1223.105
(3) (a) To assure compliance with such rules as may be established
2under s. 220.04 (7) the division of banking, the office of credit unions and the division
3of savings
and loan institutions shall, at least once every 18 months, examine the
4fiduciary operations of each organization which is under its respective jurisdiction
5and is subject to examination under sub. (2). If a particular organization subject to
6examination under sub. (2) is not otherwise under the jurisdiction of one of the
7foregoing agencies, such examination shall be conducted by the division of banking.
AB133-ASA1-CA1,558,189
223.105
(4) Notice of fiduciary operation. Except for those organizations
10licensed under ch. 221 or this chapter, any organization engaged in fiduciary
11operations as defined in this section shall, as required by rule, notify the division of
12banking, the office of credit unions or the division of savings
and loan institutions of
13that fact, directing the notice to the agency then exercising regulatory authority over
14the organization or, if there is none, to the division of banking. Any organization
15which intends to engage in fiduciary operations shall, prior to engaging in such
16operations, notify the appropriate agency of this intention. The notifications
17required under this subsection shall be on forms and contain information required
18by the rules promulgated by the division of banking.
AB133-ASA1-CA1,559,220
223.105
(5) Enforcement remedy. The division of banking or the division of
21savings
and loan institutions or office of credit unions shall upon the failure of such
22organization to submit notifications or reports required under this section or
23otherwise to comply with the provisions of this section, or rules established by the
24division of banking under s. 220.04 (7), upon due notice, order such defaulting
1organization to cease and desist from engaging in fiduciary activities and may apply
2to the appropriate court for enforcement of such order.
AB133-ASA1-CA1,559,104
223.105
(6) Sunset. Except for an organization regulated by the office of credit
5unions or the division of savings
and loan institutions or an organization authorized
6by the division of banking to operate as a bank or trust company under ch. 221 or this
7chapter, an organization may not begin activity as a fiduciary operation under this
8section after May 12, 1992. An organization engaged in fiduciary operations under
9this section on May 12, 1992, may continue to engage in fiduciary operations after
10that date.".
AB133-ASA1-CA1,559,1513
218.21
(2) (intro.) Application for a motor vehicle salvage dealer's license shall
14be made upon the form prescribed by the department and
, except as provided in sub.
15(2f), shall contain:
AB133-ASA1-CA1,559,2217
218.21
(2f) (a) If an applicant who is an individual does not have a social
18security number, the applicant, as a condition of applying for or applying to renew
19a motor vehicle salvage dealer's license, shall submit a statement made or subscribed
20under oath or affirmation to the department that the applicant does not have a social
21security number. The form of the statement shall be prescribed by the department
22of workforce development.