2011 Wisconsin Act 32

32,2707 Section 2707. 186.235 (15) (b) of the statutes is amended to read:

186.235 (15) (b) Witness fees shall be the same as fees under s. 814.67 (1) (b) and (c). The fees of witnesses who are called by the office in the interests of the state shall be paid by the state upon presentation of proper vouchers approved by the office of credit unions and charged to the appropriation under s. 20.144 (2) (1) (g). A witness subpoenaed by the office at the instance of a party other than the office shall not be entitled to payment of fees by the state unless the office certifies that the testimony was material to the purpose for which the subpoena was issued.

32,2707d Section 2707d. 186.314 (intro.) (except 186.314 (title)) of the statutes is renumbered 186.314 (1m) (intro.).

32,2707e Section 2707e. 186.314 (1) to (4) of the statutes are renumbered 186.314 (1m) (a) to (d).

32,2707f Section 2707f. 186.314 (1m) (title) of the statutes is created to read:

186.314 (1m) (title) To federal credit union.

32,2707g Section 2707g. 186.314 (2m) of the statutes is created to read:

186.314 (2m) To savings bank or state bank. (a) In this subsection:

1. "Savings bank" has the meaning given in s. 214.01 (1) (t) and includes a mutual savings bank and a stock savings bank as well as a savings bank that is a subsidiary of, or is otherwise controlled by, a savings bank holding company.

2. "Savings bank holding company" has the meaning given in s. 214.01 (1) (tm).

3. "State bank" means a bank organized under ch. 221.

(b) A credit union may convert to a savings bank or state bank by complying with pars. (c) to (e).

(c) The proposition for a conversion shall first be approved by a majority recommendation of the directors of the credit union. After the board of directors approves the conversion proposal, the directors shall, by a majority vote of the directors, set a date for a meeting of credit union members to vote on the conversion. Credit union members may also vote by written ballot to be filed on or before the meeting date. Written notice stating the credit union's intent to convert to a savings bank or state bank shall be sent to each member at the member's address appearing on the records of the credit union. This notice shall be sent to each credit union member 3 times, once not more than 95 calendar days nor less than 90 calendar days before the date of the meeting to vote on the conversion, once not more than 65 calendar days nor less than 60 calendar days before the date of the meeting to vote on the conversion, and once not more than 35 calendar days nor less than 30 calendar days before the date of the meeting to vote on the conversion. A ballot may be included in the same envelope as the 3rd notice. Each notice shall adequately describe the purpose and subject matter of the vote to be taken at the meeting set by the board of directors or by submission of a written ballot. Each notice shall clearly inform members that they may vote at the meeting or by submitting the written ballot. Each notice shall state the date, time, and place of the meeting. If a written ballot is included with the 3rd notice, the 1st and 2nd notices shall state in a clear and conspicuous manner that a written ballot will be mailed together with another notice between 30 and 35 days before the date of the membership vote on conversion. If a written ballot is included in the same envelope with the 3rd notice, the 3rd notice shall so state in a clear and conspicuous manner. Approval of the proposition for conversion shall be by affirmative vote, in person or in writing, of a majority of the credit union members voting at the meeting or by written ballot.

(d) A credit union that proposes to convert to a savings bank or state bank under this subsection shall file with the office of credit unions a notice of its intent to convert and, within 10 days after the member vote on the conversion under par. (c), a statement of the results of the member vote. If the credit union members vote to approve the proposition for conversion, the member vote shall be verified by the office of credit unions.

(e) Upon approval by the credit union members of the proposition for conversion under par. (c), the credit union shall take all necessary action under ch. 214 or 221 to complete the conversion to a savings bank or state bank. Within 90 days after receipt from the division of banking of a certificate of incorporation as a savings bank or state bank, the credit union shall file a copy of the certificate with the office of credit unions and the office of credit unions shall issue to a converting credit union a certificate of conversion to a savings bank or state bank.

(f) Upon conversion, the credit union shall cease to be a credit union, shall be a savings bank or state bank, shall no longer be subject to this chapter, and shall be subject to ch. 214 or 221 and all other provisions of law governing savings banks or state banks. Upon conversion, the legal existence of the savings bank or state bank shall be a continuation of the credit union, and all property and every right, privilege, interest, and asset of the credit union immediately, without any conveyance, transfer, or further act of the savings bank or state bank, vests in the savings bank or state bank. The resulting savings bank or state bank shall succeed to and be vested with all the rights, assets, obligations, and relations of the credit union, and all actions and other judicial proceedings to which the credit union is a party may be prosecuted and defended, to the same extent as though the conversion had not taken place.

(g) Upon conversion of a credit union into a stock savings bank or state bank, the stock savings bank or state bank may distribute shares of the capital stock of the stock savings bank or state bank, or may distribute cash, or both, to the former members of the converted credit union in recognition of their ownership of the equity of the converted credit union.

(h) 1. In this paragraph, "senior management official" means a chief executive officer, an assistant chief executive officer, a chief financial officer, and any other senior executive officer as defined by the appropriate federal banking agency as directed under 12 USC 1831i (f).

2. No director or senior management official of a credit union may receive any economic benefit in connection with a conversion of the credit union to a savings bank or state bank except that a director or senior management official may receive director fees as well as compensation and other benefits paid to directors and senior management officials of the converted savings bank or state bank in the ordinary course of business.

32,2707m Section 2707m. 196.31 (2m) of the statutes is amended to read:

196.31 (2m) From the appropriation under s. 20.155 (1) (j), the commission shall may make an annual grant grants that, in the aggregate, do not exceed an annual total of $300,000 to a one or more nonstock, nonprofit corporation corporations that is are described under section 501 (c) (3) of the Internal Revenue Code, and that has have a history of advocating at the commission on behalf of residential ratepayers for affordable rates ratepayers of this state, for the purpose of offsetting the general expenses of the corporation corporations, including salary, benefit, rent, and utility expenses. The commission may impose conditions on grants made under this subsection and may revoke a grant if the commission finds that such a condition is not being met.

32,2708 Section 2708. 196.374 (2) (a) 2. e. of the statutes is amended to read:

196.374 (2) (a) 2. e. Components to implement energy efficiency or renewable energy measures in facilities of manufacturing businesses in this state that are consistent with the objectives under s. 560.128 (1) (a) the implementation of energy efficiency or renewable energy measures in manufacturing facilities to enhance their competitiveness, the retooling of existing facilities to manufacture products that support the green economy, the expansion or establishment of domestic clean energy manufacturing operations, and creating or retaining jobs for workers engaged in such activities.

32,2709 Section 2709. 196.374 (2) (a) 4. of the statutes is repealed.

32,2710 Section 2710. 196.374 (3) (a) of the statutes is amended to read:

196.374 (3) (a) In general. The commission shall have oversight of programs under sub. (2). The commission shall maximize coordination of program delivery, including coordination between programs under subs. (2) (a) 1., (b) 1. and 2., and (c) and (7), ordered programs, low-income weatherization programs under s. 16.957, renewable resource programs under s. 196.378, and other energy efficiency or renewable resource programs. The commission shall cooperate with the department of natural resources to ensure coordination of energy efficiency and renewable resource programs with air quality programs and to maximize and document the air quality improvement benefits that can be realized from energy efficiency and renewable resource programs. The commission shall cooperate with the department of commerce to ensure coordination of energy efficiency and renewable resource programs under sub. (2) (a) 2. e. with the loan program under s. 560.128 (1) (a).

32,2710c Section 2710c. 196.374 (3) (b) 2. (intro.) of the statutes is renumbered 196.374 (3) (b) 2. and amended to read:

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:

32,2710e Section 2710e. 196.374 (3) (b) 2. a. to h. of the statutes are repealed.

32,2710g Section 2710g. 196.374 (3) (b) 3. of the statutes is repealed.

32,2711 Section 2711. 196.49 (4) of the statutes is amended to read:

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.

32,2712 Section 2712. 196.491 (2) (b) 2. of the statutes is amended to read:

196.491 (2) (b) 2. Department of commerce safety and professional services.

32,2713 Section 2713. 196.491 (2) (e) of the statutes is amended to read:

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).

32,2714 Section 2714. 196.491 (3) (a) 2m. b. of the statutes is amended to read:

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.

32,2715 Section 2715. 196.491 (3) (d) 8. of the statutes is amended to read:

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.

32,2715s Section 2715s. 200.09 (1) of the statutes is amended to read:

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.

32,2715u Section 2715u. 200.09 (7) of the statutes is amended to read:

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.

32,2716 Section 2716. 200.49 (1) (b) of the statutes is amended to read:

200.49 (1) (b) "Minority group member" has the meaning given under s. 560.036 16.287 (1) (f).

32,2717 Section 2717. 200.57 (1) (a) of the statutes is amended to read:

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).

32,2718 Section 2718. 200.57 (1) (b) of the statutes is amended to read:

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).

32,2718m Section 2718m. 214.40 (3) of the statutes is amended to read:

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.

32,2719 Section 2719. 214.48 (4) (a) of the statutes is amended to read:

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.

32,2719d Section 2719d. 214.66 (intro.) (except 214.66 (title)) of the statutes is renumbered 214.66 (1m) (intro.).

32,2719e Section 2719e. 214.66 (1) to (7) of the statutes are renumbered 214.66 (1m) (a) to (g).

32,2719f Section 2719f. 214.66 (1m) (title) of the statutes is created to read:

214.66 (1m) (title) From savings and loan association or federal savings bank.

32,2719g Section 2719g. 214.66 (2) of the statutes is created to read:

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

(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.

(b) Satisfying all requirements under s. 186.314 (2m) for conversion to a savings bank.

(c) Recording the savings bank's articles of incorporation in the county in which its home office is located.

32,2719w Section 2719w. 218.0171 (1) (h) 2. of the statutes is amended to read:

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.

32,2720 Section 2720. 218.0171 (2) (c) of the statutes is amended to read:

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.

32,2721 Section 2721. 218.0171 (2) (cm) 2. of the statutes is amended to read:

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.

32,2722 Section 2722. 218.11 (2) (am) 3. of the statutes is amended to read:

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.

32,2723 Section 2723. 218.12 (2) (am) 2. of the statutes is amended to read:

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.

32,2724 Section 2724. 218.23 (1) of the statutes is amended to read:

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.

32,2724m Section 2724m. 221.0219 of the statutes is created to read:

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:

(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.

(2) Satisfying all requirements under s. 186.314 (2m) for conversion to a state bank.

(3) Recording the bank's articles of incorporation in the county in which its home office is located.

32,2725d Section 2725d. 227.01 (13) (Lm) of the statutes is created to read:

227.01 (13) (Lm) Relates to the personnel systems developed under s. 36.115.

32,2725f Section 2725f. 227.01 (13) (Ln) of the statutes is created to read:

227.01 (13) (Ln) Relates to bidding procedures or changes thereto under s. 36.11 (53).

32,2725t Section 2725t. 227.01 (13) (t) of the statutes is amended to read:

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.

32,2726 Section 2726. 227.01 (13) (yc) of the statutes is created to read:

227.01 (13) (yc) Adjusts the total cost threshold for highway projects under ss. 84.013 (2m) and 84.0145 (4).

32,2727 Section 2727. 227.01 (13) (yL) of the statutes is repealed.