Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,373,8 883. Page 1179, line 21: after that line insert:

AB133-ASA1-AA2,373,9 " Section 2309q. 196.19 (1m) (b) of the statutes is amended to read:

AB133-ASA1-AA2,373,18 196.19 (1m) (b) A telecommunications utility may not offer a new telecommunications service to the public without first filing a tariff for that offering with the commission. A proposed tariff offering a new telecommunications service shall be effective on the date specified in the tariff but not earlier than 10 days after the date on which the tariff is filed with the commission, unless the commission, either upon complaint or upon its own motion, suspends the operation of the new tariff by serving written notice of the suspension on the telecommunications utility within 10 days after the date of filing. The notice shall include a statement of the reason under par. (c) upon which the commission believes the tariff may be modified.

AB133-ASA1-AA2, s. 2309r Section 2309r. 196.19 (1m) (e) of the statutes is repealed.".

AB133-ASA1-AA2,373,21 884. Page 1180, line 15: delete "The commission" and substitute "The commission Except as provided in s. 196.218 (4t), the".

AB133-ASA1-AA2,373,22 885. Page 1183, line 20: after that line insert:

AB133-ASA1-AA2,373,23 " Section 2329g. 196.218 (4t) of the statutes is created to read:

AB133-ASA1-AA2,374,5 196.218 (4t) Educational telecommunications access program rules. The commission, in consultation with the department of administration and the technology for educational achievement in Wisconsin board, shall promulgate rules specifying the telecommunications services eligible for funding through the educational telecommunications access program under s. 44.73.".

AB133-ASA1-AA2,374,7 886. Page 1184, line 9: after "bases." insert "This subdivision does not apply after June 30, 2001.".

AB133-ASA1-AA2,374,8 887. Page 1184, line 18: after that line insert:

AB133-ASA1-AA2,374,9 " Section 2332n. 196.218 (5) (a) 10. of the statutes is created to read:

AB133-ASA1-AA2,374,11 196.218 (5) (a) 10. To provide administrative services under the rehabilitation teaching program for blind and visually impaired persons under s. 46.293.".

AB133-ASA1-AA2,374,13 888. Page 1185, line 20: delete the material beginning with that line and ending with page 1186, line 9, and substitute:

AB133-ASA1-AA2,374,14 " Section 2335mr. 196.44 (2) (b) of the statutes is repealed.

AB133-ASA1-AA2, s. 2336mr Section 2336mr. 196.85 (2m) of the statutes is repealed.".

AB133-ASA1-AA2,374,16 889. Page 1186, line 2: after that line insert:

AB133-ASA1-AA2,374,17 " Section 2336g. 196.77 of the statutes is amended to read:

AB133-ASA1-AA2,375,3 196.77 Promotional rates. Except as provided in this section, nothing in this chapter prohibits a telecommunications utility from filing a tariff to make a limited offering of promotional rates. A promotional rate under this section shall take effect automatically at the time specified in the tariff but not earlier than 10 days after the date the tariff is filed with the commission unless the commission authorizes an earlier effective date or suspends the tariff within 10 days after the date on which it is filed. The commission may suspend a tariff if it believes that the tariff violates s. 196.204, 196.209 or 196.219. If the commission suspends a tariff, it shall investigate and resolve the matter within 60 days after the date on which the tariff is suspended or the tariff shall be effective as filed.".

AB133-ASA1-AA2,375,4 890. Page 1186, line 9: after that line insert:

AB133-ASA1-AA2,375,5 " Section 2337a. 214.01 (1) (im) of the statutes is amended to read:

AB133-ASA1-AA2,375,6 214.01 (1) (im) "Division" means the division of savings and loan institutions.

AB133-ASA1-AA2, s. 2338a Section 2338a. 214.592 of the statutes is amended to read:

AB133-ASA1-AA2,375,11 214.592 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:

AB133-ASA1-AA2,375,12 NOTICE OF RELATIONSHIP

AB133-ASA1-AA2,375,17 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.

AB133-ASA1-AA2,375,22 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).

AB133-ASA1-AA2, s. 2339a Section 2339a. 215.01 (6) of the statutes is amended to read:

AB133-ASA1-AA2,375,24 215.01 (6) "Division" means the division of savings and loan institutions.

AB133-ASA1-AA2, s. 2340a Section 2340a. 215.02 (title) of the statutes is amended to read:

AB133-ASA1-AA2,376,2 215.02 (title) Division of savings and loan institutions.

AB133-ASA1-AA2, s. 2341a Section 2341a. 215.141 of the statutes is amended to read:

AB133-ASA1-AA2,376,8 215.141 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:

AB133-ASA1-AA2,376,9 NOTICE OF RELATIONSHIP

AB133-ASA1-AA2,376,15 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.

AB133-ASA1-AA2,376,20 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).".

AB133-ASA1-AA2,376,21 891. Page 1186, line 9: after that line insert:

AB133-ASA1-AA2,376,22 " Section 2336s. 197.04 (1) (b) and (2) of the statutes are amended to read:

AB133-ASA1-AA2,377,11 197.04 (1) (b) If within either of the 90-day periods described in par. (a) a petition conforming to the requirements of s. 8.40 is filed with the clerk of the municipality and the petition has been signed by 5% of the electors of a 1st class city or by 10% of the electors of all other municipalities requesting that the question of discontinuing the proceeding to acquire the plant or equipment of the public utility be submitted to the electors of the municipality, the applicable question under par. (c) shall be submitted to the electors at any general or regular municipal the succeeding election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that may be is held not less than 30, and not more than 35, days from the date of the filing of the petition. If no general election or regular municipal election is to be held within the stated periods, the governing body of the municipality shall order the holding of a special election for the purpose of submitting the question to the electors.

AB133-ASA1-AA2,377,21 (2) The governing body of the municipality may provide for notice of, the manner of holding s, the method of voting on, the method of making returns of, and the method of canvassing and determining the result of, the election required under sub. (1). Notice of the election to the electors shall be given by a brief notice of that fact once a week for 3 weeks in some newspaper of general circulation published in the municipality. If no newspaper of general circulation is published in the municipality, publication may be made in any newspaper of general circulation in the county seat of the county in which the municipality is located. The notice of holding any special election shall be incorporated as a part of the notice given under this subsection.

AB133-ASA1-AA2, s. 2336u Section 2336u. 197.10 (2) of the statutes is amended to read:

AB133-ASA1-AA2,378,9 197.10 (2) Such contract when adopted by the common council of said city and accepted by the owner or owners of such public utility shall be submitted to the public service commission for its approval and upon such approval the same shall be submitted in such manner as the common council shall determine to a vote of the electors of such city at the next regular municipal election or at a special election called for that purpose authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after approval of the commission, and such contract shall not become binding upon such city until approved by a majority vote of the qualified electors of such city voting thereon. No bonds shall in any case be issued by said city under the contract or contracts mentioned in sub. (1), until the proposition of their issue shall have been submitted to the people of such city and adopted by a majority of the electors voting thereon.

AB133-ASA1-AA2, s. 2336w Section 2336w. 198.19 (1) of the statutes is amended to read:

AB133-ASA1-AA2,378,25 198.19 (1) Any territory, constituting one or more municipalities contiguous to a district may be annexed to and become a part of such district to all intents and purposes and with like effect as though originally included therein upon such terms and conditions as the board of directors of the district shall fix by ordinance adopted by the affirmative vote of two-thirds of the directors-elect, provided that before such ordinance becomes effective the same shall be accepted and ratified by the affirmative vote of a majority of the qualified electors entitled to vote and voting in a special election referendum called and held for that purpose, in accordance with s. 8.065, in each municipality proposed in such ordinance to be annexed to the district. Such ordinance shall be published and such election shall be noticed, held and conducted, as nearly as may be, in the manner provided by this chapter for the noticing, holding and conduct of elections upon the organization of a municipal power district, except that the returns of such election and the ballots therein shall be delivered to the clerk of the district. The results of said election shall be canvassed publicly by the directors of the district.".

AB133-ASA1-AA2,379,1 892. Page 1186, line 9: after that line insert:

AB133-ASA1-AA2,379,2 " Section 2342bc. 218.01 (2) (L) of the statutes is created to read:

AB133-ASA1-AA2,379,4 218.01 (2) (L) 1. Words and phrases defined in sub. (2c) (am) have the same meaning in this paragraph.

AB133-ASA1-AA2,379,8 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.

AB133-ASA1-AA2,379,12 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.

AB133-ASA1-AA2,379,17 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 this subsection, the division shall order the denial or revocation of the dealership's license.

AB133-ASA1-AA2, s. 2342bf Section 2342bf. 218.01 (2c) (intro.) of the statutes is renumbered 218.01 (2c) (bm) and amended to read:

AB133-ASA1-AA2,379,22 218.01 (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.

AB133-ASA1-AA2,379,23 (cm) This subsection does not prohibit any of the following:

AB133-ASA1-AA2, s. 2342bi Section 2342bi. 218.01 (2c) (a) of the statutes is renumbered 218.01 (2c) (cm) 1. and amended to read:

AB133-ASA1-AA2,380,6 218.01 (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.

AB133-ASA1-AA2, s. 2342bL Section 2342bL. 218.01 (2c) (am) of the statutes is created to read:

AB133-ASA1-AA2,380,8 218.01 (2c) (am) In this subsection:

AB133-ASA1-AA2,380,11 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.

AB133-ASA1-AA2,380,14 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.

AB133-ASA1-AA2,380,16 3. "Dealer operator" means an individual who is vested with the power and authority to operate a dealership.

AB133-ASA1-AA2,380,18 4. "Dealership" means a person licensed or required to be licensed as a motor vehicle dealer under this section.

AB133-ASA1-AA2,380,19 4m. "Department" means the department of transportation.

AB133-ASA1-AA2,380,21 5. "Factory" means a manufacturer, distributor or importer, or an agent of a manufacturer, distributor or importer.

AB133-ASA1-AA2,380,22 6. "Operate" means to directly or indirectly manage a dealership.

AB133-ASA1-AA2,381,2 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.

AB133-ASA1-AA2, s. 2342bo Section 2342bo. 218.01 (2c) (b) of the statutes is repealed.

AB133-ASA1-AA2, s. 2342br Section 2342br. 218.01 (2c) (c) of the statutes is renumbered 218.01 (2c) (cm) 3. and amended to read:

AB133-ASA1-AA2,381,13 218.01 (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.

AB133-ASA1-AA2, s. 2342bu Section 2342bu. 218.01 (2c) (cm) 2. of the statutes is created to read:

AB133-ASA1-AA2,381,16 218.01 (2c) (cm) 2. A factory from holding an ownership interest in a dealership, if all of the following apply:

AB133-ASA1-AA2,381,18 a. The dealer operator of the dealership is an individual who is not an agent of the factory.

AB133-ASA1-AA2,381,22 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.

AB133-ASA1-AA2,381,25 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.

AB133-ASA1-AA2,382,6 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 and that grants the dealer operator the right to acquire all of the ownership interest in the dealership held by the factory not later than five years after the effective date of the agreement.

AB133-ASA1-AA2,382,13 e. The written agreement described in subd. 2. d. does not unreasonably restrict the source of funds used by the dealer operator to acquire ownership interest in the dealership held by the factory. A restriction that requires the dealer operator to use only funds that are received in the form of salaries, bonuses, dividends or other payments to him or her as the dealer operator, or as the holder of an ownership interest in the dealership, to acquire the factory's ownership interest in the dealership is considered unreasonable.

AB133-ASA1-AA2,382,17 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.

AB133-ASA1-AA2,382,23 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.

AB133-ASA1-AA2,383,4 h. If the factory owns the real property at which the dealership is located, the written agreement described in subd. 2. d. provides the dealer operator with the right to purchase the real property from the factory for its fair market value at the time that the dealer completes his or her acquisition of the factory's ownership interest in the dealership and there is no obligation by the dealer operator to lease the real property to the factory after the dealer operator purchase the real property.

AB133-ASA1-AA2, s. 2342bw Section 2342bw. 218.01 (3x) (d) 1. of the statutes is repealed.".

AB133-ASA1-AA2,383,6 893. Page 1193, line 3: after that line insert:

AB133-ASA1-AA2,383,7 " Section 2345e. 221.0901 (3) (a) 1. of the statutes is amended to read:

AB133-ASA1-AA2,383,9 221.0901 (3) (a) 1. Merge or consolidate with an in-state bank holding company or an in-state bank.

AB133-ASA1-AA2, s. 2245m Section 2245m. 221.0901 (8) (a) of the statutes is amended to read:

AB133-ASA1-AA2,383,17 221.0901 (8) (a) Except as provided in pars. (b) and (c), the division may not approve an application by an out-of-state bank holding company under sub. (3) (a), other than an application by an in-state bank or an in-state bank holding company, unless the in-state bank to be acquired, or all every in-state bank subsidiaries subsidiary of the in-state bank holding company to be acquired, have as of the proposed date of acquisition has been in existence and in continuous operation for at least 5 years as of the proposed date of acquisition.

AB133-ASA1-AA2, s. 2245p Section 2245p. 221.0901 (8) (b) of the statutes is amended to read:

AB133-ASA1-AA2,384,2 221.0901 (8) (b) The division may approve an application for an acquisition of an in-state bank holding company that owns one or more in-state banks that have been in existence for less than 5 years, if the out-of-state bank holding company applicant divests itself of those in-state banks within 2 years after the date of the applicant's acquisition of the in-state bank holding company by the out-of-state bank holding company. This paragraph does not apply to an application by an in-state bank or an in-state bank holding company.".

AB133-ASA1-AA2,384,3 894. Page 1193, line 3: after that line insert:

AB133-ASA1-AA2,384,4 " Section 2343a. 220.04 (9) (a) 2. of the statutes is amended to read:

AB133-ASA1-AA2,384,7 220.04 (9) (a) 2. "Regulated entity" means a bank, universal bank, trust company bank and any other entity which is described in s. 220.02 (2) or 221.0526 as under the supervision and control of the division.

AB133-ASA1-AA2, s. 2344a Section 2344a. 221.0303 (2) of the statutes is amended to read: