Amendment CA1-ASA1-AB133

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:

AB133-ASA1-CA1,546,2 " Section 2342bc. 218.01 (2) (L) of the statutes is created to read:

AB133-ASA1-CA1,546,4 218.01 (2) (L) 1. Words and phrases defined in sub. (2c) (am) have the same meaning in this paragraph.

AB133-ASA1-CA1,546,8 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-CA1,546,12 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-CA1,546,17 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 sub. (2c), the division shall order the denial or revocation of the dealership's license.

AB133-ASA1-CA1, s. 2342bf Section 2342bf. 218.01 (2c) (intro.) of the statutes is renumbered 218.01 (2c) (bm) and amended to read:

AB133-ASA1-CA1,546,22 218.01 (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-CA1,546,23 (cm) This subsection does not prohibit any of the following:

AB133-ASA1-CA1, s. 2342bi Section 2342bi. 218.01 (2c) (a) of the statutes is renumbered 218.01 (2c) (cm) 1. and amended to read:

AB133-ASA1-CA1,547,6 218.01 (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-CA1, s. 2342bL Section 2342bL. 218.01 (2c) (am) of the statutes is created to read:

AB133-ASA1-CA1,547,8 218.01 (2c) (am) In this subsection:

AB133-ASA1-CA1,547,11 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-CA1,547,16 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.

AB133-ASA1-CA1,547,18 3. "Dealer operator" means an individual who is vested with the power and authority to operate a dealership.

AB133-ASA1-CA1,547,20 4. "Dealership" means a person licensed or required to be licensed as a motor vehicle dealer under this section.

AB133-ASA1-CA1,547,21 4m. "Department" means the department of transportation.

AB133-ASA1-CA1,547,23 5. "Factory" means a manufacturer, distributor or importer, or an agent of a manufacturer, distributor or importer.

AB133-ASA1-CA1,547,24 6. "Operate" means to directly or indirectly manage a dealership.

AB133-ASA1-CA1,548,5 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-CA1, s. 2342bo Section 2342bo. 218.01 (2c) (b) of the statutes is repealed.

AB133-ASA1-CA1, s. 2342br Section 2342br. 218.01 (2c) (c) of the statutes is renumbered 218.01 (2c) (cm) 3. and amended to read:

AB133-ASA1-CA1,548,16 218.01 (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-CA1, s. 2342bu Section 2342bu. 218.01 (2c) (cm) 2. of the statutes is created to read:

AB133-ASA1-CA1,548,19 218.01 (2c) (cm) 2. A factory from holding an ownership interest in a dealership, if all of the following apply:

AB133-ASA1-CA1,548,21 a. The dealer operator of the dealership is an individual who is not an agent of the factory.

AB133-ASA1-CA1,548,25 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-CA1,549,3 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-CA1,549,7 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.

AB133-ASA1-CA1,549,11 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-CA1,549,17 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-CA1, s. 2342bv Section 2342bv. 218.01 (2c) (cm) 4. of the statutes is created to read:

AB133-ASA1-CA1,549,21 218.01 (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.

AB133-ASA1-CA1, s. 2342bw Section 2342bw. 218.01 (2c) (cm) 5. of the statutes is created to read:

AB133-ASA1-CA1,549,25 218.01 (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:

AB133-ASA1-CA1,550,2 a. No more than 10 locations for the line make are licensed and in operation in the state on or after January 1, 1999.

AB133-ASA1-CA1,550,5 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.

AB133-ASA1-CA1,550,7 c. The factory does not own, directly or indirectly, in aggregate, in excess of a 45% interest in the dealership.

AB133-ASA1-CA1,550,12 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.

AB133-ASA1-CA1,550,22 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.

AB133-ASA1-CA1, s. 2342bvm Section 2342bvm. 218.01 (3x) (c) 1. g. of the statutes is created to read:

AB133-ASA1-CA1,551,2 218.01 (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.

AB133-ASA1-CA1, s. 2342bw Section 2342bw. 218.01 (3x) (d) 1. of the statutes is repealed.".

AB133-ASA1-CA1,551,4 1325. Page 1186, line 9: after that line insert:

AB133-ASA1-CA1,551,5 " Section 2336mt. 196.86 of the statutes is created to read:

AB133-ASA1-CA1,551,7 196.86 Assessments for air quality improvement program. (1) In this section:

AB133-ASA1-CA1,551,8 (a) "Department" means the department of natural resources.

AB133-ASA1-CA1,551,10 (b) "Electric public utility affiliate" means a public utility affiliate, as defined in s. 196.795 (1) (L), that sells electricity in this state.

AB133-ASA1-CA1,551,14 (c) "Heat throughput ratio" means the result obtained by dividing the total heat throughput of all electric generating facilities that use fossil fuel of an individual electric public utility affiliate by the total heat throughput of all electric generating facilities that use fossil fuel of all electric public utility affiliates.

AB133-ASA1-CA1,551,18 (d) "Initial compliance date" means the date specified in a notice by the department of natural resources under s. 285.48 (2) by which electric generating facilities in the midcontinent area of this state are required to comply with initial nitrogen oxide emission reduction requirements.

AB133-ASA1-CA1,551,19 (e) "Midcontinent area" has the meaning given in s. 16.958 (1) (e).

AB133-ASA1-CA1,552,3 (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.

AB133-ASA1-CA1,552,7 (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.

AB133-ASA1-CA1,552,9 (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.".

AB133-ASA1-CA1,552,10 1326. Page 1186, line 9: after that line insert:

AB133-ASA1-CA1,552,11 " Section 2336u. 200.01 (2) of the statutes is amended to read:

AB133-ASA1-CA1,553,5 200.01 (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).".

AB133-ASA1-CA1,553,6 1327. Page 1188, line 13: after that line insert:

AB133-ASA1-CA1,553,7 " Section 2342Lj. 218.11 (2) (am) 2. of the statutes is amended to read:

AB133-ASA1-CA1,553,10 218.11 (2) (am) 2. The licensor department shall deny an application for the issuance or renewal of a license if the information required under subd. 1. is not included in the application.

AB133-ASA1-CA1, s. 2342Lk Section 2342Lk. 218.11 (2) (am) 3. of the statutes is amended to read:

AB133-ASA1-CA1,553,16 218.11 (2) (am) 3. The licensor department of commerce may not disclose any information received under subd. 1. to any person except to the department of industry, labor and job development workforce development for purposes of administering s. 49.22 or to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.".

AB133-ASA1-CA1,553,17 1328. Page 1188, line 13: after that line insert:

AB133-ASA1-CA1,553,18 " Section 2342Lm. 218.11 (2) (am) 1. of the statutes is amended to read:

AB133-ASA1-CA1,553,24 218.11 (2) (am) 1. In addition to any other information required under par. (a) and except as provided in subd. 4., an application by an individual for the issuance or renewal of a license under this section shall include the individual's social security number and, if the application is made by a person who is not an individual for the issuance or renewal of a license under this section shall include the person's federal employer identification number.

AB133-ASA1-CA1, s. 2342Ln Section 2342Ln. 218.11 (2) (am) 4. of the statutes is created to read:

AB133-ASA1-CA1,554,8 218.11 (2) (am) 4. 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 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. 2342Lo Section 2342Lo. 218.11 (2) (am) 4. of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,554,17 218.11 (2) (am) 4. 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 licensor department 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-CA1,554,19 1329. Page 1190, line 25: delete the material beginning with that line and ending with page 1191, line 6, and substitute:

AB133-ASA1-CA1,554,20 " Section 2342pr. 218.12 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,555,2 218.12 (2) (a) Applications for mobile home salesperson's license and renewals thereof shall be made to the licensor on such forms as the licensor prescribes and furnishes and shall be accompanied by the license fee required under par. (c) or (d). The Except as provided in par. (am) 3., the application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the licensor requires.

AB133-ASA1-CA1, s. 2342ps Section 2342ps. 218.12 (2) (a) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,555,11 218.12 (2) (a) Applications for mobile home a salesperson's license and renewals thereof shall be made to the licensor department on such forms as the licensor department prescribes and furnishes and shall be accompanied by the license fee required under par. (c) or (d). Except as provided in par. (am) 3., the application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the licensor department requires.

AB133-ASA1-CA1, s. 2342pt Section 2342pt. 218.12 (2) (am) 1. of the statutes is amended to read:

AB133-ASA1-CA1,555,15 218.12 (2) (am) 1. The Except as provided in subd. 3., the licensor shall deny an application for the issuance or renewal of a license if an individual has not included his or her social security number in the application.

AB133-ASA1-CA1, s. 2342pu Section 2342pu. 218.12 (2) (am) 1. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read: