Wisconsin Legislature: 9,2341h

(e) "Midcontinent area" has the meaning given in s. 16.958 (1) (e).

(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.

(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.

(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.

9,2336u Section 2336u. 200.01 (2) of the statutes is amended to read:

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).

9,2337a Section 2337a. 214.01 (1) (im) of the statutes is amended to read:

214.01 (1) (im) "Division" means the division of savings and loan institutions.

9,2338a Section 2338a. 214.592 of the statutes is amended to read:

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:

NOTICE OF RELATIONSHIP

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.

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).

9,2339a Section 2339a. 215.01 (6) of the statutes is amended to read:

215.01 (6) "Division" means the division of savings and loan institutions.

9,2340a Section 2340a. 215.02 (title) of the statutes is amended to read:

215.02 (title) Division of savings and loan institutions.

9,2341a Section 2341a. 215.141 of the statutes is amended to read:

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:

NOTICE OF RELATIONSHIP

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.

9,2341b Section 2341b. 217.05 (1m) (a) (intro.) of the statutes is amended to read:

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:

9,2341d Section 2341d. 217.05 (1m) (c) of the statutes is created to read:

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.

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.

9,2341f Section 2341f. 217.06 (4) of the statutes is amended to read:

217.06 (4) The applicant has provided the all information required under s. 217.05 (1m) (a).

9,2341h Section 2341h. 218.01 (2) (ie) 1. of the statutes is amended to read:

218.01 (2) (ie) 1. In addition to any other information required under this subsection and except as provided in subd. 3., an application by an individual for the issuance or renewal of a license described in par. (d) shall include the individual's social security number and an application by a person who is not an individual for the issuance or renewal of a license described in par. (d) 1., 2., 3. or 5. shall include the person's federal employer identification number. The licensor may not disclose any information received under this subdivision to any person except the department of industry, labor and job development [department of workforce development] for purposes of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

9,2341j Section 2341j. 218.01 (2) (ie) 3. of the statutes is created to read:

218.01 (2) (ie) 3. If an applicant for the issuance or renewal of a license described in par. (d) is an individual who does not have a social security number, the applicant, as a condition of applying for or applying to renew the license, 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.

9,2341L Section 2341L. 218.01 (2) (ig) 1. (intro.) of the statutes is amended to read:

218.01 (2) (ig) 1. (intro.) In addition to any other information required under this subsection and except as provided in subd. 3., an application for a license described in par. (dr) shall include the following:

9,2341n Section 2341n. 218.01 (2) (ig) 3. of the statutes is created to read:

218.01 (2) (ig) 3. If an applicant for the issuance or renewal of a license described in par. (dr) is an individual who does not have a social security number, the applicant, as a condition of applying for or applying to renew the license, 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.

9,2342abc Section 2342abc. 218.01 (2) (L) of the statutes is created to read:

218.01 (2) (L) 1. Words and phrases defined in sub. (2c) (am) have the same meaning in this paragraph.

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.

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.

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 sub. (2c), the division shall order the denial or revocation of the dealership's license.

9,2342abf Section 2342abf. 218.01 (2c) (intro.) of the statutes is renumbered 218.01 (2c) (bm) and amended to read:

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.

(cm) This subsection does not prohibit any of the following:

9,2342abi Section 2342abi. 218.01 (2c) (a) of the statutes is renumbered 218.01 (2c) (cm) 1. and amended to read:

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.

9,2342abL Section 2342abL. 218.01 (2c) (am) of the statutes is created to read:

218.01 (2c) (am) In this subsection:

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.

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. "Control" does not include the relationship between a factory and a dealership under a basic agreement filed under sub. (2) (bd) 1.

3. "Dealer operator" means an individual who is vested with the power and authority to operate a dealership.

4. "Dealership" means a person licensed or required to be licensed as a motor vehicle dealer under this section.

4m. "Department" means the department of transportation.

5. "Factory" means a manufacturer, distributor or importer, or an agent of a manufacturer, distributor or importer.

6. "Operate" means to directly or indirectly manage a dealership.

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.

9,2342abo Section 2342abo. 218.01 (2c) (b) of the statutes is repealed.

9,2342abr Section 2342abr. 218.01 (2c) (c) of the statutes is renumbered 218.01 (2c) (cm) 3. and amended to read:

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.

9,2342abu Section 2342abu. 218.01 (2c) (cm) 2. of the statutes is created to read:

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

a. The dealer operator of the dealership is an individual who is not an agent of the factory.

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.

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.

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.

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.

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.

9,2342abv Section 2342abv. 218.01 (2c) (cm) 4. of the statutes is created to read:

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.

9,2342abw Section 2342abw. 218.01 (2c) (cm) 5. of the statutes is created to read:

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:

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

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.

c. The factory does not own, directly or indirectly, in aggregate, in excess of a 45% interest in the dealership.

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.

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.

9,2342ap Section 2342ap. 218.01 (3) (am) 1. a. of the statutes is amended to read:

218.01 (3) (am) 1. a. The applicant fails to provide the any information required under sub. (2) (ig) 1.

9,2342avm Section 2342avm. 218.01 (3x) (c) 1. g. of the statutes is created to read:

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.

9,2342abw Section 2342abw. 218.01 (3x) (d) 1. of the statutes is repealed.

9,2342b Section 2342b. 218.02 (2) (a) 1. (intro.) of the statutes is amended to read:

218.02 (2) (a) 1. (intro.) Each adjustment service company shall apply to the division for a license to engage in such business. Application for a separate license for each office of a company to be operated under this section shall be made to the division in writing, under oath, in a form to be prescribed by the division. The division may issue more than one license to the same licensee. An Except as provided in subd. 3., an application for a license under this section shall include the following:

9,2342bb Section 2342bb. 218.02 (2) (a) 3. of the statutes is created to read:

218.02 (2) (a) 3. 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 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. Any license issued or renewed in reliance upon a false statement submitted by an applicant under this subdivision is invalid.

9,2342bd Section 2342bd. 218.04 (3) (a) 1. (intro.) of the statutes is amended to read:

218.04 (3) (a) 1. (intro.) Application for licenses under the provisions of this section shall be made to the division in writing, under oath, on a form to be prescribed by the division. All licenses shall expire on June 30 next following their date of issue. An Except as provided in subd. 3., an application for a license under this section shall include the following:

9,2342bf Section 2342bf. 218.04 (3) (a) 3. of the statutes is created to read: