Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,536,2 5. Consulting or making other financial or business arrangements with one or more 3rd parties who will engage in residential construction or residential real estate development, except that if a public utility or nonutility affiliate contracts for the development of more than one residential construction project or residential real estate development, the public utility or nonutility affiliate may not enter into an exclusive arrangement with a 3rd party for all such residential construction or residential real estate development.

AB133-ASA1-CA1,536,5 6. Acquiring or disposing of property or interests in property if the acquisition or disposition is related to the operation of a public utility and the acquisition or disposition satisfies one of the following:

AB133-ASA1-CA1,536,7 a. The acquisition or disposition is conducted under a contract with a 3rd party that is engaged in real estate practice.

AB133-ASA1-CA1,536,9 b. The acquisition or disposition is conducted by an individual engaged in real estate practice or employed by a public utility.

AB133-ASA1-CA1,536,10 7. Owning a passively held company.

AB133-ASA1-CA1,536,13 (b) Subsection (2) does not prohibit a public utility that is not subject to the requirements of s. 196.795, or the nonutility subsidiary of such a public utility, from doing any of the following:

AB133-ASA1-CA1,536,18 1. Engaging in commercial or residential real estate development or construction on property owned or acquired by the public utility or nonutility subsidiary for a public utility purpose if the total annual revenues from the development or construction do not exceed 3% of the total operating revenues of the public utility in any year.

AB133-ASA1-CA1,536,23 2. Providing financial support for the purpose of economic development to 3rd parties that are engaged in an activity specified in sub. (2) (a) to (d). The public utility or nonutility subsidiary may profit directly from that activity only through receipt of profits that are incidental to the economic development project or interest earned on a loan.

AB133-ASA1-CA1,537,6 (4) Exceptions. (a) A nonutility affiliate that has engaged in residential construction prior to, or is engaged in residential construction on, the effective date of this paragraph .... [revisor inserts date], may directly or indirectly own in any chain of successive ownership 50% or more of the ownership interest of an entity that hires a 3rd party to engage in residential construction or commercial construction that is incidental to residential construction, except that the nonutility affiliate may not actively participate in the daily operations or daily business decisions of the entity.

AB133-ASA1-CA1,537,8 (b) A public utility or nonutility affiliate may engage in residential real estate development at a brownfields facility or site.

AB133-ASA1-CA1,537,13 (5) Private cause of action. Any public utility or nonutility affiliate that does, causes or permits to be done any action prohibited under this section or fails to comply with any requirement specified in this section is liable to any person injured thereby in the amount of damages sustained in consequence of the prohibited action or failure to comply.

AB133-ASA1-CA1, s. 2335z Section 2335z. 196.807 of the statutes is created to read:

AB133-ASA1-CA1,537,16 196.807 Energy affiliate and utility employes. (1) Definitions. In this section:

AB133-ASA1-CA1,537,18 (a) "Affiliate or utility" means a nonutility affiliate, holding company system, public utility or cooperative association organized under ch. 185.

AB133-ASA1-CA1,537,21 (b) "Energy unit" means a unit in this state that is engaged in activities related to the production, generation, transmission or distribution of electricity, gas or steam or the recovery of energy from waste materials.

AB133-ASA1-CA1,537,22 (c) "Holding company system" has the meaning given in s. 196.795 (1) (i).

AB133-ASA1-CA1,537,23 (d) "Nonutility affiliate" has the meaning given in s. 196.795 (1) (j).

AB133-ASA1-CA1,537,24 (e) "Public utility affiliate" has the meaning given in s. 196.795 (1) (L).

AB133-ASA1-CA1,538,2 (f) "Sell an energy unit" means to sell, offer by lease, or otherwise transfer ownership or control of the energy unit.

AB133-ASA1-CA1,538,3 (fg) "Transmission company" has the meaning given in s. 196.485 (1) (ge).

AB133-ASA1-CA1,538,4 (fr) "Transmission utility" has the meaning given in s. 196.485 (1) (i).

AB133-ASA1-CA1,538,6 (g) "Unit" means a division, department or other operational business unit of an affiliate or utility.

AB133-ASA1-CA1,538,11 (2) Offer of employment. (a) Except as provided in par. (b), a person may not sell an energy unit unless the terms of the transfer require the person to which the energy unit is transferred to offer employment to the nonsupervisory employes who are employed with the energy unit immediately prior to the transfer and who are necessary for the operation and maintenance of the energy unit.

AB133-ASA1-CA1,538,15 (b) 1. A public utility affiliate may not sell an energy unit to a nonutility affiliate in the same holding company system unless the terms of the transfer require the nonutility affiliate to offer employment to all of the nonsupervisory employes who are employed with the energy unit immediately prior to the transfer.

AB133-ASA1-CA1,538,21 2. A transmission company to which an energy unit is sold by a transmission utility shall, beginning on the expiration of the 3-year period specified in s. 196.485 (3m) (a) 1. b. or, if applicable, the expiration of any extension of such 3-year period, offer employment to the nonsupervisory employes who are employed with the energy unit immediately prior to the transfer and who are necessary for the operation and maintenance of the energy unit.

AB133-ASA1-CA1,538,24 (3) Employment terms and conditions. (a) Except as provided in par. (b), the employment that is offered under sub. (2) shall satisfy each of the following during the 30-month period beginning immediately after the transfer:

AB133-ASA1-CA1,539,2 1. Wage rates shall be no less than the wage rates in effect immediately prior to the transfer.

AB133-ASA1-CA1,539,4 2. Fringe benefits shall be substantially equivalent to the fringe benefits in effect immediately prior to the transfer.

AB133-ASA1-CA1,539,7 3. Terms and conditions of employment, other than wage rates and fringe benefits, shall be substantially equivalent to the terms and conditions in effect immediately prior to the transfer.

AB133-ASA1-CA1,539,9 (b) A collective bargaining agreement may modify or waive a requirement specified in par. (a).

AB133-ASA1-CA1,539,13 (4) Commission approval. Except for a cooperative association, as defined in s. 196.491 (1) (bm), or a transmission utility that sells an energy unit to a transmission company, no person may sell an energy unit unless the commission determines that the person has satisfied subs. (2) and (3).".

AB133-ASA1-CA1,539,14 1321. Page 1186, line 9: after that line insert:

AB133-ASA1-CA1,539,15 " Section 2337a. 214.01 (1) (im) of the statutes is amended to read:

AB133-ASA1-CA1,539,16 214.01 (1) (im) "Division" means the division of savings and loan institutions.

AB133-ASA1-CA1, s. 2338a Section 2338a. 214.592 of the statutes is amended to read:

AB133-ASA1-CA1,539,21 214.592 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-CA1,539,22 NOTICE OF RELATIONSHIP

AB133-ASA1-CA1,540,3 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-CA1,540,8 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-CA1, s. 2339a Section 2339a. 215.01 (6) of the statutes is amended to read:

AB133-ASA1-CA1,540,10 215.01 (6) "Division" means the division of savings and loan institutions.

AB133-ASA1-CA1, s. 2340a Section 2340a. 215.02 (title) of the statutes is amended to read:

AB133-ASA1-CA1,540,12 215.02 (title) Division of savings and loan institutions.

AB133-ASA1-CA1, s. 2341a Section 2341a. 215.141 of the statutes is amended to read:

AB133-ASA1-CA1,540,18 215.141 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-CA1,540,19 NOTICE OF RELATIONSHIP

AB133-ASA1-CA1,540,25 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-CA1,541,5 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-CA1,541,6 1322. Page 1186, line 9: after that line insert:

AB133-ASA1-CA1,541,7 " Section 2336q. 196.856 of the statutes is created to read:

AB133-ASA1-CA1,541,11 196.856 Assessment for stray voltage research. (1) In this section, "electric cooperative" means a cooperative association organized under ch. 185 for the purpose of generating, distributing or furnishing electric energy at retail or wholesale to its members only.

AB133-ASA1-CA1,541,22 (2) The commission shall assess annually 91% of the amount appropriated under s. 20.155 (1) (jm) to public utilities that produce electricity in proportion to their respective electric gross operating revenues during the last calendar year, derived from intrastate operations. The commission shall assess annually 9% of the amount appropriated under s. 20.155 (1) (jm) to electric cooperatives in proportion to their gross operating revenues during the last calendar year, derived from intrastate operations. The amounts received under this section shall be credited to the appropriation account under s. 20.155 (1) (jm). A public utility or electric cooperative shall pay the total amount that it is assessed under this subsection within 30 days after it receives a bill for that amount from the commission. The bill constitutes notice of the assessment and demand of payment.".

AB133-ASA1-CA1,541,23 1323. Page 1186, line 9: after that line insert:

AB133-ASA1-CA1,541,24 " Section 2341b. 217.05 (1m) (a) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,542,2 217.05 (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:

AB133-ASA1-CA1, s. 2341d Section 2341d. 217.05 (1m) (c) of the statutes is created to read:

AB133-ASA1-CA1,542,8 217.05 (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.

AB133-ASA1-CA1,542,10 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.

AB133-ASA1-CA1, s. 2341f Section 2341f. 217.06 (4) of the statutes is amended to read:

AB133-ASA1-CA1,542,13 217.06 (4) The applicant has provided the all information required under s. 217.05 (1m) (a).

AB133-ASA1-CA1, s. 2341h Section 2341h. 218.01 (2) (ie) 1. of the statutes is amended to read:

AB133-ASA1-CA1,542,24 218.01 (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.

AB133-ASA1-CA1, s. 2341j Section 2341j. 218.01 (2) (ie) 3. of the statutes is created to read:

AB133-ASA1-CA1,543,8 218.01 (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.

AB133-ASA1-CA1, s. 2341L Section 2341L. 218.01 (2) (ig) 1. (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,543,12 218.01 (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:

AB133-ASA1-CA1, s. 2341n Section 2341n. 218.01 (2) (ig) 3. of the statutes is created to read:

AB133-ASA1-CA1,543,21 218.01 (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.

AB133-ASA1-CA1, s. 2341p Section 2341p. 218.01 (3) (am) 1. a. of the statutes is amended to read:

AB133-ASA1-CA1,543,24 218.01 (3) (am) 1. a. The applicant fails to provide the any information required under sub. (2) (ig) 1.

AB133-ASA1-CA1, s. 2342b Section 2342b. 218.02 (2) (a) 1. (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,544,6 218.02 (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:

AB133-ASA1-CA1, s. 2342bb Section 2342bb. 218.02 (2) (a) 3. of the statutes is created to read:

AB133-ASA1-CA1,544,14 218.02 (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.

AB133-ASA1-CA1, s. 2342bd Section 2342bd. 218.04 (3) (a) 1. (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,544,20 218.04 (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:

AB133-ASA1-CA1, s. 2342bf Section 2342bf. 218.04 (3) (a) 3. of the statutes is created to read:

AB133-ASA1-CA1,545,3 218.04 (3) (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.

AB133-ASA1-CA1, s. 2342bh Section 2342bh. 218.04 (4) (am) 1. of the statutes is amended to read:

AB133-ASA1-CA1,545,6 218.04 (4) (am) 1. The applicant fails to provide the any information required under sub. (3) (a) 1.

AB133-ASA1-CA1, s. 2342bj Section 2342bj. 218.05 (3) (am) 1. (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,545,10 218.05 (3) (am) 1. (intro.) In addition to the information required under par. (a) and except as provided in subd. 3., an application for a license under this section shall include the following:

AB133-ASA1-CA1, s. 2342bL Section 2342bL. 218.05 (3) (am) 3. of the statutes is created to read:

AB133-ASA1-CA1,545,18 218.05 (3) (am) 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.

AB133-ASA1-CA1, s. 2342bn Section 2342bn. 218.05 (4) (c) 1. of the statutes is amended to read:

AB133-ASA1-CA1,545,21 218.05 (4) (c) 1. The applicant fails to provide the any information required under sub. (3) (am) 1.

AB133-ASA1-CA1, s. 2342bp Section 2342bp. 218.05 (11) (a) of the statutes is amended to read:

AB133-ASA1-CA1,545,24 218.05 (11) (a) The renewal applicant fails to provide the any information required under sub. (3) (am) 1.".

AB133-ASA1-CA1,546,1 1324. Page 1186, line 9: after that line insert: