Amendment ASA1-AB40

AB40-ASA1,1131,21 196.374 (3) (b) 2. The commission shall require each energy utility to spend 1.2 percent of its annual operating revenues to fund the utility's programs under sub. (2) (b) 1., the utility's ordered programs, the utility's share of the statewide energy efficiency and renewable resource programs under sub. (2) (a) 1., and the utility's share, as determined by the commission under subd. 4., of the costs incurred by the commission in administering this section. Subject to approval under subd. 3., the commission may require each energy utility to spend a larger percentage of its annual operating revenues to fund these programs and costs. The commission may make such a requirement based on the commission's consideration of all of the following:

AB40-ASA1, s. 2710e Section 2710e. 196.374 (3) (b) 2. a. to h. of the statutes are repealed.

AB40-ASA1, s. 2710g Section 2710g. 196.374 (3) (b) 3. of the statutes is repealed.

AB40-ASA1, s. 2711 Section 2711. 196.49 (4) of the statutes is amended to read:

AB40-ASA1,1132,4 196.49 (4) The commission may not issue a certificate under sub. (1), (2), or (3) for the construction of electric generating equipment and associated facilities unless the commission determines that brownfields, as defined in s. 238.13 (1) (a) or s. 560.13 (1) (a), 2009 stats., are used to the extent practicable.

AB40-ASA1, s. 2712 Section 2712. 196.491 (2) (b) 2. of the statutes is amended to read:

AB40-ASA1,1132,6 196.491 (2) (b) 2. Department of commerce safety and professional services.

AB40-ASA1, s. 2713 Section 2713. 196.491 (2) (e) of the statutes is amended to read:

AB40-ASA1,1132,11 196.491 (2) (e) Any state agency, as defined in s. 560.9810 16.310 (1), county, municipality, town, or person may submit written comments to the commission on a strategic energy assessment within 90 days after copies of the draft are issued under par. (b).

AB40-ASA1, s. 2714 Section 2714. 196.491 (3) (a) 2m. b. of the statutes is amended to read:

AB40-ASA1,1132,16 196.491 (3) (a) 2m. b. The applicant proposes alternative construction sites for the facility that are contiguous or proximate, provided that at least one of the proposed sites is a brownfield, as defined in s. 560.13 238.13 (1) (a), or the site of a former or existing large electric generating facility.

AB40-ASA1, s. 2715 Section 2715. 196.491 (3) (d) 8. of the statutes is amended to read:

AB40-ASA1,1132,19 196.491 (3) (d) 8. For a large electric generating facility, brownfields, as defined in s. 560.13 238.13 (1) (a), are used to the extent practicable.

AB40-ASA1, s. 2715s Section 2715s. 200.09 (1) of the statutes is amended to read:

AB40-ASA1,1133,10 200.09 (1) A district formed under this subchapter shall be governed by a 5-member commission appointed for staggered 5-year terms. Except as provided in sub. (11), commissioners shall be appointed by the county board of the county in which the district is located. If the district contains territory of more than one county, the county boards of the counties not having the greatest population in the district shall appoint one commissioner each and the county board of the county having the greatest population in the district shall appoint the remainder. Of the initial appointments, the appointments for the shortest terms shall be made by the counties having the least amount of population, in reverse order of their population included in the district. Commissioners shall be residents of the district. Initial appointments shall be made no sooner than 60 days and no later than 90 days after issuance of the department order forming a district or after completion of any court proceedings challenging such order. A per diem compensation not to exceed $50 may be paid to commissioners. Commissioners may be reimbursed for actual expenses incurred as commissioners in carrying out the work of the commission.

AB40-ASA1, s. 2715u Section 2715u. 200.09 (7) of the statutes is amended to read:

AB40-ASA1,1133,17 200.09 (7) A per diem compensation not to exceed $50 may be paid to commissioners in an amount the commission specifies by resolution. Any change in the per diem amount after its initial establishment applies only to subsequently appointed or reappointed commissioners. Commissioners shall be reimbursed for actual expenses incurred as commissioners in carrying out the work of the commission.

AB40-ASA1, s. 2716 Section 2716. 200.49 (1) (b) of the statutes is amended to read:

AB40-ASA1,1133,20 200.49 (1) (b) "Minority group member" has the meaning given under s. 560.036 16.287 (1) (f).

AB40-ASA1, s. 2717 Section 2717. 200.57 (1) (a) of the statutes is amended to read:

AB40-ASA1,1133,25 200.57 (1) (a) "Disabled veteran-owned financial adviser" and "disabled veteran-owned investment firm" mean a financial adviser and investment firm, respectively, certified by the department of commerce administration under s. 560.0335 16.283 (3).

AB40-ASA1, s. 2718 Section 2718. 200.57 (1) (b) of the statutes is amended to read:

AB40-ASA1,1134,4 200.57 (1) (b) "Minority financial adviser" and "minority investment firm" mean a financial adviser and investment firm, respectively, certified by the department of commerce administration under s. 560.036 16.287 (2).

AB40-ASA1, s. 2718m Section 2718m. 214.40 (3) of the statutes is amended to read:

AB40-ASA1,1134,9 214.40 (3) A stock financial institution seeking to convert to a savings bank under s. 214.66 (1m) shall, before declaring a dividend on its capital stock, transfer not less than 50% of its net profits of the preceding half year to its paid-in surplus until it has paid-in surplus equal to 20% of capital stock.

AB40-ASA1, s. 2719 Section 2719. 214.48 (4) (a) of the statutes is amended to read:

AB40-ASA1,1134,16 214.48 (4) (a) An independent qualified appraiser, designated by the board of directors, who is properly licensed and certified by the department of regulation and licensing safety and professional services or by another entity authorized to govern appraisal licensure and certification and who meets the requirements of title XI of the financial institutions reform, recovery and enforcement act of 1989, 12 USC 3331 to 3351 and regulations adopted pursuant to those sections.

AB40-ASA1, s. 2719d Section 2719d. 214.66 (intro.) (except 214.66 (title)) of the statutes is renumbered 214.66 (1m) (intro.).

AB40-ASA1, s. 2719e Section 2719e. 214.66 (1) to (7) of the statutes are renumbered 214.66 (1m) (a) to (g).

AB40-ASA1, s. 2719f Section 2719f. 214.66 (1m) (title) of the statutes is created to read:

AB40-ASA1,1134,22 214.66 (1m) (title) From savings and loan association or federal savings bank.

AB40-ASA1, s. 2719g Section 2719g. 214.66 (2) of the statutes is created to read:

AB40-ASA1,1134,25 214.66 (2) From credit union. A credit union under ch. 186 may become a savings bank by doing all of the following:

AB40-ASA1,1135,2 (a) Applying to the division for authority to organize as a savings bank and satisfying all requirements under this chapter for organizing as a savings bank.

AB40-ASA1,1135,4 (b) Satisfying all requirements under s. 186.314 (2m) for conversion to a savings bank.

AB40-ASA1,1135,6 (c) Recording the savings bank's articles of incorporation in the county in which its home office is located.

AB40-ASA1, s. 2719w Section 2719w. 218.0171 (1) (h) 2. of the statutes is amended to read:

AB40-ASA1,1135,12 218.0171 (1) (h) 2. The motor vehicle is out of service for an aggregate of at least 30 days because of warranty nonconformities. Time during which repair services are not available to the consumer because of flood or other natural disaster, war, invasion, fire, or strike may not be included in the 30-day time period under this subdivision.

AB40-ASA1, s. 2720 Section 2720. 218.0171 (2) (c) of the statutes is amended to read:

AB40-ASA1,1135,25 218.0171 (2) (c) To receive a comparable new motor vehicle or a refund due under par. (b) 1. or 2., a consumer described under sub. (1) (b) 1., 2. or 3. shall offer to the manufacturer of the motor vehicle having the nonconformity to transfer title of that motor vehicle to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the consumer with the comparable new motor vehicle or refund. When the manufacturer provides the new motor vehicle or refund, the consumer shall return the motor vehicle having the nonconformity to the manufacturer and provide the manufacturer with the certificate of title and all endorsements necessary to transfer title to the manufacturer. If another person is in possession of the certificate of title, as shown by the records of the department of transportation, that person shall, upon request of the consumer, provide the certificate to the manufacturer or to the consumer.

AB40-ASA1, s. 2721 Section 2721. 218.0171 (2) (cm) 2. of the statutes is amended to read:

AB40-ASA1,1136,11 218.0171 (2) (cm) 2. To receive a refund due under par. (b) 3., a motor vehicle lessor shall offer to the manufacturer of the motor vehicle having the nonconformity to transfer title of that motor vehicle to that manufacturer. No later than 30 days after that offer, the manufacturer shall provide the refund to the motor vehicle lessor. When the manufacturer provides the refund, the motor vehicle lessor shall provide to the manufacturer the certificate of title and all endorsements necessary to transfer title to the manufacturer. If another person is in possession of the certificate of title, as shown by the records of the department of transportation, that person shall, upon request of the motor vehicle lessor, provide the certificate to the manufacturer or to the motor vehicle lessor.

AB40-ASA1, s. 2722 Section 2722. 218.11 (2) (am) 3. of the statutes is amended to read:

AB40-ASA1,1136,16 218.11 (2) (am) 3. The department of commerce may not disclose any information received under subd. 1. to any person except to the department of children and families for purposes of administering s. 49.22 or to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB40-ASA1, s. 2723 Section 2723. 218.12 (2) (am) 2. of the statutes is amended to read:

AB40-ASA1,1136,22 218.12 (2) (am) 2. The department of commerce may not disclose a social security number obtained under par. (a) to any person except to the department of children and families 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.

AB40-ASA1, s. 2724 Section 2724. 218.23 (1) of the statutes is amended to read:

AB40-ASA1,1137,9 218.23 (1) Whenever a licensed motor vehicle salvage dealer acquires a motor vehicle for the purpose of wrecking it, the dealer shall mail or deliver the certificate of title or if the transfer to the salvage dealer was by a bill of sale, the bill of sale, for such vehicle to the department within 30 days after the vehicle is delivered to the salvage yard unless the previous owner already has done so or, if another person is in possession of the certificate of title, as shown by the records of the department of transportation, that person already has done so. If he or she the dealer subsequently wishes to transfer such vehicle to another person, he or she the dealer shall make such transfer only by bill of sale. In such bill of sale, he or she the dealer shall describe the vehicle and shall state that the certificate of title for the vehicle has been mailed or delivered to the department because the vehicle was to have been junked.

AB40-ASA1, s. 2724m Section 2724m. 221.0219 of the statutes is created to read:

AB40-ASA1,1137,13 221.0219 Conversion of a credit union to a state bank. A credit union under ch. 186 may become a state bank under this chapter by doing all of the following:

AB40-ASA1,1137,16 (1) Applying to the division of banking for authority to organize as a bank under this chapter and satisfying all requirements under this chapter for organizing as a bank.

AB40-ASA1,1137,18 (2) Satisfying all requirements under s. 186.314 (2m) for conversion to a state bank.

AB40-ASA1,1137,20 (3) Recording the bank's articles of incorporation in the county in which its home office is located.

AB40-ASA1, s. 2725d Section 2725d. 227.01 (13) (Lm) of the statutes is created to read:

AB40-ASA1,1137,22 227.01 (13) (Lm) Relates to the personnel systems developed under s. 36.115.

AB40-ASA1, s. 2725f Section 2725f. 227.01 (13) (Ln) of the statutes is created to read:

AB40-ASA1,1137,25 227.01 (13) (Ln) Relates to bidding procedures or changes thereto under s. 36.11 (53).

AB40-ASA1, s. 2725t Section 2725t. 227.01 (13) (t) of the statutes is amended to read:

AB40-ASA1,1138,5 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904, 103.49, 103.50, and 229.8275, except that any action or inaction which ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904, 103.49, 103.50, and 229.8275 is subject to judicial review under s. 227.40.

AB40-ASA1, s. 2726 Section 2726. 227.01 (13) (yc) of the statutes is created to read:

AB40-ASA1,1138,8 227.01 (13) (yc) Adjusts the total cost threshold for highway projects under ss. 84.013 (2m) and 84.0145 (4).

AB40-ASA1, s. 2727 Section 2727. 227.01 (13) (yL) of the statutes is repealed.

AB40-ASA1, s. 2728b Section 2728b. 227.01 (13) (zi) of the statutes is amended to read:

AB40-ASA1,1138,13 227.01 (13) (zi) Lists responsible units, as defined in s. 287.01 (9), and out-of-state units, as defined in s. 287.01 (5), with an effective recycling program under s. 287.11 (3).

AB40-ASA1, s. 2729 Section 2729. 227.114 (5) of the statutes is repealed.

AB40-ASA1, s. 2730e Section 2730e. 227.115 (1) (a) of the statutes is amended to read:

AB40-ASA1,1138,17 227.115 (1) (a) "Department" means the department of commerce administration.

AB40-ASA1, s. 2730m Section 2730m. 227.115 (1) (b) of the statutes is amended to read:

AB40-ASA1,1138,20 227.115 (1) (b) "State housing strategy plan" means the plan developed under s. 560.9802 16.302.

AB40-ASA1, s. 2730s Section 2730s. 227.115 (3) (a) 5. of the statutes is amended to read:

AB40-ASA1,1138,22 227.115 (3) (a) 5. Housing costs, as defined in s. 560.9801 16.301 (3) (a) and (b).

AB40-ASA1, s. 2731 Section 2731. 227.116 (1) of the statutes is renumbered 227.116 (1r) and amended to read:

AB40-ASA1,1139,5 227.116 (1r) Each proposed rule submitted to the legislative council under s. 227.15 that includes a requirement for a business to obtain a permit , as defined in s. 560.41 (2), shall specify the number of business days, calculated beginning on the day a permit application is received, within which the agency will review and make a determination on a permit application.

AB40-ASA1, s. 2732 Section 2732. 227.116 (1g) of the statutes is created to read:

AB40-ASA1,1139,8 227.116 (1g) In this section, "permit" means any approval of an agency required as a condition of operating a business in this state.

AB40-ASA1, s. 2733 Section 2733. 227.116 (2) of the statutes is amended to read:

AB40-ASA1,1139,14 227.116 (2) If any existing rule does not comply with sub. (1) (1r), the agency that promulgated the rule shall submit to the legislative council a proposed revision of the rule that will bring the rule into compliance with sub. (1) (1r). The legislative council staff's review of the proposed revision is limited to determining whether or not the agency has complied with this subsection.

AB40-ASA1, s. 2734 Section 2734. 227.116 (3) of the statutes is amended to read:

AB40-ASA1,1139,19 227.116 (3) Subsections (1) (1r) and (2) do not apply to a rule if the rule, or a law under which the rule was promulgated, effective prior to November 17, 1983, contains a specification of a time period for review and determination on a permit application.

AB40-ASA1, s. 2735 Section 2735. 227.116 (4) (intro.) of the statutes is amended to read:

AB40-ASA1,1139,25 227.116 (4) (intro.) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, for each such failure the agency shall prepare a report and submit it to the department of commerce safety and professional services within 5 business days of the last day of the time period specified, setting forth all of the following:

AB40-ASA1, s. 2736 Section 2736. 227.116 (5) of the statutes is amended to read:

AB40-ASA1,1140,5 227.116 (5) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, upon completion of the review and determination for that application, the agency shall notify the department of commerce safety and professional services.

AB40-ASA1, s. 2738k Section 2738k. 227.137 (3) (f) of the statutes is created to read:

AB40-ASA1,1140,15 227.137 (3) (f) Except as provided in this paragraph, if the economic impact analysis relates to a proposed rule of the department of safety and professional services under s. 101.63 (1) establishing standards for the construction of a dwelling, as defined in s. 101.61 (1), an analysis of whether the proposed rule would increase the cost of constructing or remodeling such a dwelling by more than $1,000. This paragraph applies notwithstanding that the purpose of the one- and 2-family dwelling code under s. 101.60 includes promoting interstate uniformity in construction standards. This paragraph does not apply to a proposed rule whose promulgation has been authorized under s. 227.19 (5) (fm).

AB40-ASA1, s. 2738m Section 2738m. 227.19 (3) (g) of the statutes is amended to read:

AB40-ASA1,1140,19 227.19 (3) (g) The report of the department of commerce administration, as required by s. 227.115, if a proposed rule directly or substantially affects the development, construction, cost, or availability of housing in this state.

AB40-ASA1, s. 2739c Section 2739c. 227.19 (4) (d) 7. of the statutes is created to read:

AB40-ASA1,1141,3 227.19 (4) (d) 7. In the case of a proposed rule of the department of safety and professional services under s. 101.63 (1) establishing standards for the construction of a dwelling, as defined in s. 101.61 (1), the proposed rule would increase the cost of constructing or remodeling such a dwelling by more than $1,000. This subdivision applies notwithstanding that the purpose of the one- and 2-family dwelling code under s. 101.60 includes promoting interstate uniformity in construction standards. This subdivision does not apply to a proposed rule whose promulgation has been authorized under sub. (5) (fm).