Amendment ASA-AB150

AB150-ASA, s. 6863 Section 6863. 553.58 (5) of the statutes is amended to read:

AB150-ASA,2081,15 553.58 (5) All orders shall take effect when made and filed or at such later time as the commissioner division prescribes, and the commissioner division shall, upon making and filing such order, forthwith deliver personally or by mail a copy thereof to every person to whom such order relates at the person's last-known address as it appears on the records of the office of the commissioner division and that delivery shall constitute notice thereof.

AB150-ASA, s. 6864 Section 6864. 553.60 of the statutes is amended to read:

AB150-ASA,2081,21 553.60 (title) Miscellaneous powers of the commissioner. The commissioner division may by order summarily prohibit offers or sales of a franchise subject to s. 553.21 (1) which are being or have been made in this state, unless the offer or sale of the franchise is registered or exempted from registration under this chapter.

AB150-ASA, s. 6865 Section 6865. 553.605 (1) (a) (intro.) of the statutes is amended to read:

AB150-ASA,2082,2 553.605 (1) (a) (intro.) The commissioner division or any officer designated by the commissioner division may impose an administrative assessment in the amount provided in par. (b) on any person who is subject to an order that is issued under s. 553.24, 553.28, 553.53, 553.58 (1) and (2) or 553.60 in any of the following circumstances:

AB150-ASA, s. 6866 Section 6866. 553.605 (1) (a) 1. of the statutes is amended to read:

AB150-ASA,2082,6 553.605 (1) (a) 1. Following a hearing under s. 553.56 if the notice delivered to all interested parties includes notice of the commissioner's division's authority to impose an administrative assessment under this subsection.

AB150-ASA, s. 6867 Section 6867. 553.605 (1) (c) of the statutes is amended to read:

AB150-ASA,2082,10 553.605 (1) (c) The commissioner division shall include any administrative assessment imposed under this subsection in the order issued under any of the sections referred to in par. (a) in the manner described in par. (a) 1. or 2.

AB150-ASA, s. 6868 Section 6868. 553.605 (1) (d) of the statutes is amended to read:

AB150-ASA,2082,15 553.605 (1) (d) Upon the request of the commissioner division, the department of justice may bring a civil action in the circuit court for Dane county to compel payment of any unpaid administrative assessment, unless payment of the administrative assessment is stayed under s. 227.54.

AB150-ASA, s. 6869 Section 6869. 553.605 (2) of the statutes is amended to read:

AB150-ASA,2082,25 553.605 (2) Investor education. All moneys collected from the administrative assessment under sub. (1) shall be credited to the appropriation under s. 20.185 (1) (h) 20.144 (1) (i). Subject to s. 20.185 (1) (h) 20.144 (1) (i), the commissioner division shall use moneys credited to that appropriation to provide information to residents of this state about franchise investments to help investors and potential investors evaluate their investment decisions, protect themselves from false, fraudulent or deceptive practices in connection with the offer, sale or purchase of a franchise, be alert for false or misleading advertising or other harmful practices, and know their rights as investors.

AB150-ASA, s. 6870 Section 6870. 553.71 (1) of the statutes is amended to read:

AB150-ASA,2083,4 553.71 (1) This chapter shall be administered by the commissioner of securities division and by the department of justice when exercising its authority under s. 553.54.

AB150-ASA, s. 6871 Section 6871. 553.71 (2) of the statutes is amended to read:

AB150-ASA,2083,16 553.71 (2) It is unlawful for the commissioner division or any of the commissioner's division's officers or employes to use for personal benefit any information which is filed with or obtained by the commissioner division and which is not generally available to the public. Nothing in this chapter authorizes the commissioner division or any of the commissioner's division's officers or employes to disclose any confidential information except among themselves or to other securities administrators or regulatory authorities or when necessary or appropriate in a proceeding or investigation under this chapter. No provision of this chapter either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the commissioner division or any of the commissioner's division's officers or employes.

AB150-ASA, s. 6872 Section 6872. 553.72 (intro.) of the statutes is amended to read:

AB150-ASA,2083,19 553.72 Fees and expenses. (intro.) The commissioner division shall charge and collect the fees fixed by this section.

AB150-ASA, s. 6873 Section 6873. 553.72 (2) of the statutes is amended to read:

AB150-ASA,2083,23 553.72 (2) The commissioner division may by rule require the payment of prescribed fees for delinquent or materially deficient filings of information or documents required to be filed with the commissioner division under this chapter.

AB150-ASA, s. 6874 Section 6874. 553.72 (3) of the statutes is amended to read:

AB150-ASA,2084,4 553.72 (3) The expenses reasonably attributable to the examination of any matter arising under this chapter shall be charged to the applicant or registrant involved, but the expenses so charged shall not exceed such maximum amounts as the commissioner division by rule prescribes.

AB150-ASA, s. 6875 Section 6875. 553.73 of the statutes is amended to read:

AB150-ASA,2084,24 553.73 Service of process. When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule or order under this chapter, whether or not the person has filed a consent to service of process under s. 553.27 (10), and personal jurisdiction over the person cannot otherwise be obtained in this state, that conduct shall be considered equivalent to the person's appointment of the commissioner or the commissioner's successor in office division to be the person's attorney to receive service of any lawful process in any noncriminal suit, action or proceeding against the person or the person's successor, executor or administrator which grows out of that conduct and which is brought under this law or any rule or order under this chapter, with the same force and validity as if served on the person personally. Service may be made by leaving a copy of the process in at the office of the commissioner division, but it is not effective unless the plaintiff, who may be the commissioner division in a suit, action or proceeding instituted by the commissioner division, forthwith sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at his or her last-known address or takes other steps which are reasonably calculated to give actual notice, and the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such further time as the court allows.

AB150-ASA, s. 6876 Section 6876. 553.74 (1) of the statutes is amended to read:

AB150-ASA,2085,14 553.74 (1) All applications, reports and other papers and documents filed with the commissioner division under this chapter shall be open to public inspection in accordance with rules adopted by the commissioner division. The commissioner division may publish any information filed with or obtained by the commissioner division, if, in the judgment of the commissioner division, such action is in the public interest. No provision of this chapter authorizes the commissioner division or any of the commissioner's assistants, clerks or deputies division's employes to disclose any information withheld from public inspection except among themselves or when necessary or appropriate in a proceeding or investigation under this chapter or to other federal or state regulatory agencies. No provision of this chapter either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the commissioner division or any of the commissioner's assistants, clerks or deputies division's employes.

AB150-ASA, s. 6877 Section 6877. 553.74 (2) of the statutes is amended to read:

AB150-ASA,2085,19 553.74 (2) It is unlawful for the commissioner division or any of the commissioner's assistants, clerks or deputies or division's employes to use for personal benefit any information which is filed with or obtained by the commissioner division and which is not then generally available to the public.

AB150-ASA, s. 6878 Section 6878. 553.75 (1) of the statutes is amended to read:

AB150-ASA,2085,21 553.75 (1) A document is filed when it is received by the commissioner division.

AB150-ASA, s. 6879 Section 6879. 553.75 (2) of the statutes is amended to read:

AB150-ASA,2086,2 553.75 (2) The commissioner division shall keep a register of all filings which are or have ever been effective under this chapter and predecessor laws and all denial, suspension or revocation orders which have been entered under this chapter. The register shall be open for public inspection.

AB150-ASA, s. 6880 Section 6880. 553.75 (3) of the statutes is amended to read:

AB150-ASA,2086,6 553.75 (3) The information contained in or filed with any registration statement, application or report shall be made available to the public in accordance with rules adopted by the commissioner division.

AB150-ASA, s. 6881 Section 6881. 553.75 (4) of the statutes is amended to read:

AB150-ASA,2086,12 553.75 (4) The commissioner division upon request shall furnish to any person at a reasonable charge photostatic or other copies, certified under the commissioner's seal of office, by the division if certification is requested, of any entry in the register or any order or other document on file in the commissioner's office with the division. Any copy so certified is admissible in evidence under s. 889.18.

AB150-ASA, s. 6882 Section 6882. 553.75 (5) of the statutes is amended to read:

AB150-ASA,2086,15 553.75 (5) The commissioner division may honor requests from interested persons for interpretative opinions.

AB150-ASA, s. 6883 Section 6883. 553.78 of the statutes is amended to read:

AB150-ASA,2086,22 553.78 Preemption. This chapter shall not preempt the administration of ch. 96, 100, 125, 133, 168 or 218. False, fraudulent and deceptive practices in connection with the offer, purchase or sale of a franchise defined by rule of the commissioner division under s. 553.58 (1) may also constitute unfair methods of competition in business or unfair trade practices in business under s. 100.20 (1) or fraudulent advertising under s. 100.18.

AB150-ASA, s. 6884 Section 6884. 560.01 (1) of the statutes is amended to read:

AB150-ASA,2087,17 560.01 (1) Purposes. The functions of the department are of an advocacy, regulatory, consultative, advisory, informational, coordinative and promotional nature. Through research, planning, consultation and through promotion of the development and maximum wise use of the natural and human resources of the state, it shall foster the growth and diversification of the economy of the state. It shall serve as the central agency and clearinghouse for developmental activities concerning the economy of the state. It shall make recommendations to the governor for the purpose of guiding a coordinated and economically efficient development of the state and shall seek closer cooperation and coordination between units of state government, educational institutions, local governments, local planning agencies, including regional planning commissions, and business and industry to foster and encourage a pattern of community development and of state-local and business relationships so that the economy of the state may continue to develop fully and meet citizen and community needs. It shall make continuing studies of the problems affecting economic and community development and recommendations for relieving those problems, and function in any other reasonable manner that will accomplish the stated purposes of this chapter. The department may also coordinate training for local government officials provided by state agencies including, but not limited to, the university of Wisconsin-extension and the technical college system.

AB150-ASA, s. 6885 Section 6885. 560.01 (2) of the statutes is renumbered 560.01 (2) (a).

AB150-ASA, s. 6886 Section 6886. 560.01 (2) (a) (title) of the statutes is created to read:

AB150-ASA,2087,20 560.01 (2) (a) (title) State economic policy.

AB150-ASA, s. 6887 Section 6887. 560.01 (2) (b) of the statutes is created to read:

AB150-ASA,2087,25 560.01 (2) (b) Regulation of industry, buildings and safety. The department shall administer and enforce laws regulating industry, safety and buildings under chs. 101, 107, 145 and 168 and ss. 32.19 to 32.27, 167.10, 167.11 and 167.27 and as otherwise provided by statute.

AB150-ASA, s. 6887g Section 6887g. 560.03 (19) of the statutes is amended to read:

AB150-ASA,2088,3 560.03 (19) Establish and operate a permit information center and regulatory assistance bureau to provide services as set forth in subch. III.

AB150-ASA, s. 6887k Section 6887k. 560.031 of the statutes, as created by 1993 Wisconsin Act 75, is amended to read:

AB150-ASA,2088,13 560.031 Recycling market development. In carrying out its responsibilities under ss. 560.03 and 560.07, the department may promulgate rules for the provision of financial assistance for the development of markets for materials recovered from solid waste if the provision of that financial assistance is a responsibility assigned to the department in a memorandum of understanding under s. 159.03 (3) (b), contract or other agreement with the recycling market development board. The financial assistance may be in the form of grants, loans or manufacturing rebates.

AB150-ASA, s. 6890 Section 6890. 560.07 (10) of the statutes is repealed.

AB150-ASA, s. 6891 Section 6891. 560.081 (2) (e) of the statutes is amended to read:

AB150-ASA,2088,24 560.081 (2) (e) Annually select, upon application, up to 5 municipalities to participate in the state main street program. The program for each municipality shall conclude after 3 years, except that the program for each municipality selected after the effective date of this paragraph .... [revisor inserts date], shall conclude after 5 years. The department shall select program participants representing various geographical regions and populations. A municipality may apply to participate, and the department may select a municipality for participation, more than one time. In selecting a municipality, however, the department may give priority to those municipalities that have not previously participated.

AB150-ASA, s. 6892 Section 6892. 560.081 (2) (f) 3. of the statutes is amended to read:

AB150-ASA,2089,3 560.081 (2) (f) 3. Local organizational and financial commitment to employ a program manager for not less than 3 years, or not less than 5 years for participants selected after the effective date of this subdivision .... [revisor inserts date].

AB150-ASA, s. 6893 Section 6893. 560.09 (5) of the statutes, as affected by 1993 Wisconsin Act 75, is amended to read:

AB150-ASA,2089,8 560.09 (5) Consultation. The department shall consult with the council on recycling market development board in developing any proposed rules under s. 560.031.

AB150-ASA, s. 6894 Section 6894. 560.097 of the statutes is amended to read:

AB150-ASA,2089,12 560.097 Notification of position openings; compliance. The department shall monitor compliance with the position-opening notification requirements under ss. 66.521 (6m) and 101.28 106.16.

AB150-ASA, s. 6895d Section 6895d. 560.14 (3) (c) 8. of the statutes is amended to read:

AB150-ASA,2089,17 560.14 (3) (c) 8. Whether the business incubator or technology-based incubator is or will be located in an area that has been designated as a development zone under s. 560.71, a development opportunity zone under s. 560.795 or an enterprise development zone under s. 560.797.

AB150-ASA, s. 6895dm Section 6895dm. 560.14 (4) of the statutes is created to read:

AB150-ASA,2089,21 560.14 (4) (a) Subject to par. (b), the department may make a grant under this subsection from the appropriation under s. 20.143 (1) (fg) to a community-based organization for regional economic development activity if all of the following apply:

AB150-ASA,2089,24 1. A political subdivision in the region in which the economic development activity will be conducted joins in the application for the grant with the community-based organization.

AB150-ASA,2089,25 2. The economic development activity is unique to or within the region.

AB150-ASA,2090,2 3. The economic development activity is consistent with any economic development policy or plan of the political subdivision.

AB150-ASA,2090,4 4. The economic development activity will likely stimulate investment in the region's economy or create or retain jobs in the region.

AB150-ASA,2090,7 5. The community-based organization will receive contributions from private sources and from political subdivisions in the region for the economic development activity. The contributions may be in cash or in kind.

AB150-ASA,2090,12 6. The applicants submit a plan that describes the economic development activity, how the economic development activity satisfies the criteria under this paragraph, how the grant will be administered and how the grant proceeds will be used to support the economic development activity; and the secretary approves the plan.

AB150-ASA,2090,14 7. The applicants provide documentation of the contributions required under subd. 5.

AB150-ASA,2090,17 (b) For grants under this subsection, the department may not award in any fiscal year more than the greater of $100,000 or 10% of the amount appropriated for the fiscal year under s. 20.143 (1) (fg).

AB150-ASA, s. 6895dp Section 6895dp. 560.14 (5) (bm) of the statutes is created to read:

AB150-ASA,2090,20 560.14 (5) (bm) Promulgate rules with respect to how the department will administer the grants under this section.

AB150-ASA, s. 6895dr Section 6895dr. 560.14 (5) (c) of the statutes is amended to read:

AB150-ASA,2090,23 560.14 (5) (c) Consistent with subs. (2) and, (3) and (4), award grants under this section on a competitive basis, using the criteria developed under par. (b).

AB150-ASA, s. 6896 Section 6896. 560.165 of the statutes is repealed.

AB150-ASA, s. 6897 Section 6897. 560.167 of the statutes is created to read:

AB150-ASA,2091,1 560.167 Wisconsin trade project program. (1) In this section:

AB150-ASA,2091,6 (a) "Eligible business" means a business operating in this state that manufactures a product or performs a service, or both, with a potential to be exported and that, together with all of its affiliates and subsidiaries and its parent company, had gross annual sales of $25,000,000 or less in the calendar year preceding the year in which it applies for a reimbursement under this section.

AB150-ASA,2091,10 (b) "Matchmaker trade delegation event" means a trade event that is planned by the U.S. department of commerce and that has prearranged meetings between new-to-market or new-to-export eligible businesses and prospective foreign representatives and distributors.

AB150-ASA,2091,13 (c) "Trade show" means a trade event held in a country other than the United States that brings prospective foreign buyers to a central location and that is certified or coordinated by the U.S. department of commerce or the department.

AB150-ASA,2091,16 (2) Subject to sub. (5), the department may make reimbursements totaling no more than $100,000 in a fiscal year from the appropriations under s. 20.143 (1) (c) and (ie) to eligible businesses for any of the following:

AB150-ASA,2091,18 (a) Fees for participation in a trade show or matchmaker trade delegation event.

AB150-ASA,2091,20 (b) Costs associated with shipping displays, sample products, catalogs or advertising material to a trade show or matchmaker trade delegation event.

AB150-ASA,2091,22 (c) Costs incurred at a trade show or matchmaker trade delegation event for utilities, booth construction or necessary modifications or repairs.

AB150-ASA,2091,25 (d) Costs associated with foreign language translation of brochures or product information or with the use of translation services at a trade show or matchmaker trade delegation event.