Amendment SA1-SSA1-SB45

SB45-SSA1-SA1,303,23 (4) The consumer privacy advocate may appeal from administrative rulings to the courts. In all administrative proceedings and judicial review proceedings the consumer privacy advocate shall be identified as "consumer privacy advocate". This section does not preclude or prevent any division of any department or independent agency from appearing by its staff as a party in those proceedings.

SB45-SSA1-SA1, s. 2287j Section 2287j. 165.061 of the statutes is created to read:

SB45-SSA1-SA1,304,5 165.061 Assistant attorney general; consumer privacy advocate; authority. In carrying out his or her duty to protect the consumers' right to privacy, the consumer privacy advocate has the authority to initiate actions and proceedings before any agency or court related to consumer privacy, including issues concerning constitutionality, to present evidence and testimony and to make arguments.

SB45-SSA1-SA1, s. 2287m Section 2287m. 165.062 of the statutes is created to read:

SB45-SSA1-SA1,304,16 165.062 Assistant attorney general; consumer privacy advocate; advisory committee. The attorney general shall appoint a consumer privacy advisory committee under s. 15.04 (1) (c). The consumer privacy advisory committee shall consist of not less than 7 nor more than 9 members. The members shall have backgrounds in or demonstrated experience or records relating to privacy protection, record security or information technology. The consumer privacy advisory committee shall advise the consumer privacy advocate consistent with his or her duty to protect the consumers' right to privacy. The consumer privacy advisory committee shall conduct meetings consistent with subch. V of ch. 19 and shall permit public participation and public comment on consumer privacy advocate activities.".

SB45-SSA1-SA1,304,17 963. Page 1174, line 2: after that line insert:

SB45-SSA1-SA1,304,18 " Section 2286k. 165.07 of the statutes is created to read:

SB45-SSA1-SA1,305,2 165.07 Assistant attorney general — public intervenor. (1) The attorney general shall designate an assistant attorney general on the attorney general's staff as public intervenor. Written notices of all proceedings under chs. 30, 31, 281 to 285 and 289 to 299, except s. 281.48, shall be given to the public intervenor and to the administrators of divisions primarily assigned the departmental functions under chs. 29, 281, 285 and 289 to 299, except s. 281.48, by the agency head responsible for such proceedings. A copy of such notice shall also be given to the natural areas preservation council.

SB45-SSA1-SA1,305,10 (2) The public intervenor shall formally intervene in proceedings described in sub. (1) when requested to do so by an administrator of a division primarily assigned the departmental functions under chs. 29, 281, 285 or 289 to 299, except s. 281.48. The public intervenor may, on the public intervenor's own initiative or upon request of any committee of the legislature, formally intervene in all proceedings described in sub. (1) whenever such intervention is needed for the protection of "public rights" in water and other natural resources, as provided in chs. 30 and 31 and defined by the supreme court.

SB45-SSA1-SA1,305,22 (3) Personnel of the department of natural resources shall, upon the request of the public intervenor, make such investigations, studies and reports as the public intervenor may request in connection with proceedings described in sub. (1), either before or after formal intervention. Personnel of state agencies shall at the public intervenor's request provide information, serve as witnesses in proceedings described in sub. (1) and otherwise cooperate in the carrying out of the public intervenor's intervention functions. Formal intervention shall be by filing a statement to that effect with the examiner or other person immediately in charge of the proceeding. Thereupon the public intervenor shall be considered a party in interest with full power to present evidence, subpoena and cross-examine witnesses, submit proof, file briefs or do any other acts appropriate for a party to the proceedings.

SB45-SSA1-SA1,306,3 (4) The public intervenor may appeal from administrative rulings to the courts. In all administrative proceedings and judicial review proceedings the public intervenor shall be identified as "public intervenor". This section does not preclude or prevent any division of the department of natural resources, or any other department or independent agency, from appearing by its staff as a party in such proceedings.

SB45-SSA1-SA1, s. 2286n Section 2286n. 165.075 of the statutes is created to read:

SB45-SSA1-SA1,306,9 165.075 Assistant attorney general; public intervenor; authority. In carrying out his or her duty to protect public rights in water and other natural resources, the public intervenor has the authority to initiate actions and proceedings before any agency or court in order to raise issues, including issues concerning constitutionality, present evidence and testimony and make arguments.

SB45-SSA1-SA1, s. 2286q Section 2286q. 165.076 of the statutes is created to read:

SB45-SSA1-SA1,306,22 165.076 Assistant attorney general; public intervenor; advisory committee. The attorney general shall appoint a public intervenor advisory committee under s. 15.04 (1) (c). The public intervenor advisory committee shall consist of not less than 7 nor more than 9 members. The members shall have backgrounds in or demonstrated experience or records relating to environmental protection or natural resource conservation. At least one of the members shall have working knowledge in business. At least one of the members shall have working knowledge in agriculture. The public intervenor advisory committee shall advise the public intervenor consistent with his or her duty to protect public rights in water and other natural resources. The public intervenor advisory committee shall conduct meetings consistent with subch. V of ch. 19 and shall permit public participation and public comment on public intervenor activities.".

SB45-SSA1-SA1,306,23 964. Page 1175, line 9: after that line insert:

SB45-SSA1-SA1,306,24 " Section 2289t. 165.842 of the statutes is created to read:

SB45-SSA1-SA1,307,2 165.842 Motor vehicle stops; collection of information; annual report. (1) Definitions. In this section:

SB45-SSA1-SA1,307,3 (a) "Department" means the department of justice.

SB45-SSA1-SA1,307,4 (b) "Law enforcement agency" has the meaning given in s. 165.77 (1) (b).

SB45-SSA1-SA1,307,9 (c) "Law enforcement officer" means a person who is employed by a law enforcement agency for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances the person is employed to enforce, whether that enforcement authority extends to all laws or ordinances or is limited to specific laws or ordinances.

SB45-SSA1-SA1,307,14 (d) "Motor vehicle stop" means the stop of a motor vehicle that is traveling in any public or private place, or the detention of an occupied motor vehicle that is already stopped in any public or private place, for the purpose of investigating any alleged or suspected violation of a state or federal law or city, village, town or county ordinance.

SB45-SSA1-SA1,307,18 (2) Information collection required. All persons in charge of law enforcement agencies shall obtain, or cause to be obtained, all of the following information with respect to each motor vehicle stop made on or after January 1, 2001, by a law enforcement officer employed by the law enforcement agency:

SB45-SSA1-SA1,307,19 (a) The reason the law enforcement officer stopped the motor vehicle.

SB45-SSA1-SA1,307,20 (b) The age, gender and race or ethnicity of the driver of the motor vehicle.

SB45-SSA1-SA1,307,21 (c) The number of persons in the motor vehicle.

SB45-SSA1-SA1,307,24 (d) Whether a search was conducted of the motor vehicle, the driver of the motor vehicle or any passenger in the motor vehicle, and for each search conducted all of the following information:

SB45-SSA1-SA1,308,3 1. Whether the search was based on probable cause or reasonable suspicion, on the consent of the person searched or, for a motor vehicle search, on the consent of the driver or other authorized person.

SB45-SSA1-SA1,308,5 2. If the search was of a passenger in the motor vehicle, the age, gender and race or ethnicity of the passenger.

SB45-SSA1-SA1,308,6 3. What, if anything, was seized as a result of the search.

SB45-SSA1-SA1,308,8 (e) Whether a person was asked to give consent to a search of the motor vehicle or of his or her person but refused to give consent.

SB45-SSA1-SA1,308,12 (f) Whether the motor vehicle stop or a search conducted during the stop resulted in the driver or any passenger being given a written warning of or a citation for a violation of any law or ordinance and, if so, a listing of each warning or citation given and the alleged violation for which the warning or citation was given.

SB45-SSA1-SA1,308,15 (g) Whether the motor vehicle stop or a search conducted during the stop resulted in the arrest of the driver or any passenger and, if so, a listing of each arrest made and the reason for the arrest.

SB45-SSA1-SA1,308,17 (h) Any other information required to be collected under the rules promulgated by the department under sub. (5).

SB45-SSA1-SA1,308,21 (3) Submission of information collected. The information obtained by a law enforcement agency under sub. (2) shall be forwarded to the department using the form prescribed by the rules promulgated under sub. (5) and in accordance with the reporting schedule established under the rules promulgated under sub. (5).

SB45-SSA1-SA1,309,2 (4) Analysis and report by department. (a) The department shall compile the information submitted to it by law enforcement agencies under sub. (3) and shall analyze the information, along with any other relevant information, to determine whether law enforcement officers target racial minorities when making motor vehicle stops to investigate alleged or suspected violations of federal, state or local laws or ordinances.

SB45-SSA1-SA1,309,9 (b) For each calendar year, the department shall prepare an annual report that summarizes the information submitted to it by law enforcement agencies concerning motor vehicle stops made during the calendar year and that describes the methods and conclusions of its analysis of the information. On or before March 31, 2002, and on or before each March 31 thereafter, the department shall submit the annual report required under this paragraph to the legislature under s. 13.172 (2), to the governor and to the director of state courts.

SB45-SSA1-SA1,309,14 (5) Rules. (a) The department shall promulgate rules to implement the requirements of this section, including rules prescribing a form for use in obtaining information under sub. (2) and establishing a schedule for forwarding the information obtained to the department. The department shall make the form prescribed by its rules available to law enforcement agencies.

SB45-SSA1-SA1,309,19 (b) The department may by rule require the collection of information in addition to that specified in sub. (2) (a) to (g) if the department determines that the information will help to determine whether law enforcement officers target racial minorities when making motor vehicle stops to investigate alleged or suspected violations of federal, state or local laws or ordinances.".

SB45-SSA1-SA1,309,20 965. Page 1176, line 24: after that line insert:

SB45-SSA1-SA1,309,21 " Section 2301d. 165.90 (4s) of the statutes is created to read:

SB45-SSA1-SA1,310,4 165.90 (4s) Notwithstanding subs. (1), (3m) and (4), the department shall approve a joint program plan submitted under this section by Polk County and the St. Croix Chippewa Indian tribe and shall approve a joint program plan submitted under this section by Burnett County and the St. Croix Chippewa Indian tribe. Prior to January 15 of the year for which funding is sought, the department shall distribute $100,000 from the appropriations under s. 20.455 (2) (kt) to each joint program plan approved under this subsection, subject to the following limitations:

SB45-SSA1-SA1,310,6 (a) A program may use funds received under s. 20.455 (2) (kt) only for law enforcement operations.

SB45-SSA1-SA1,310,10 (b) A program shall, prior to the receipt of funds under s. 20.455 (2) (kt) for the 2nd and any subsequent year, submit a report to the department regarding the performance of law enforcement activities on the reservation in the previous fiscal year.".

SB45-SSA1-SA1,310,11 966. Page 1179, line 19: after that line insert:

SB45-SSA1-SA1,310,12 " Section 2309d. Chapter 196 (title) of the statutes is amended to read:

SB45-SSA1-SA1,310,13 CHAPTER 196

SB45-SSA1-SA1,310,15 REGULATION OF PUBLIC UTILITIES service commission

SB45-SSA1-SA1, s. 2309f Section 2309f. Subchapter I (title) of chapter 196 [precedes 196.01] of the statutes is created to read:

SB45-SSA1-SA1,310,18 chapter 196

SB45-SSA1-SA1,310,19 subchapter I

SB45-SSA1-SA1,310,20 regulation of public utilities

SB45-SSA1-SA1, s. 2309h Section 2309h. 196.01 (intro.) of the statutes is amended to read:

SB45-SSA1-SA1,310,23 196.01 Definitions. (intro.) As used in this chapter subchapter and ch. 197, unless the context requires otherwise:".

SB45-SSA1-SA1,310,24 967. Page 1179, line 19: after that line insert:

SB45-SSA1-SA1,311,1 " Section 2308pq. 186.113 (15) (a) of the statutes is amended to read:

SB45-SSA1-SA1,311,22 186.113 (15) (a) Directly or indirectly, acquire, place and operate, or participate in the acquisition, placement and operation of, at locations other than its offices, remote terminals, in accordance with rules established by the office of credit unions. The rules shall provide that any remote terminal shall be available for use, on a nondiscriminatory basis, by any state or federal credit union which has its principal place of business in this state, by any other credit union obtaining the consent of a state or federal credit union which has its principal place of business in this state and is using the terminal and by all members designated by a credit union using the terminal. This subsection does not authorize a credit union which has its principal place of business outside the state to conduct business as a credit union in this state. The remote terminals also shall be available for use, on a nondiscriminatory basis, by any state or national bank, state or federal savings bank or state or federal savings and loan association, whose home office is located in this state, if the bank, savings bank or savings and loan association requests to share its use, subject to the joint rules established under s. 221.0303 (2). The joint rules under s. 221.0303 (2) shall prohibit a state or federal credit union that owns or operates a remote terminal from charging a person a fee for a transaction using that remote terminal, unless the transaction relates to or affects an account held by that person with that credit union. The office of credit unions by order may authorize the installation and operation of a remote terminal in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.".

SB45-SSA1-SA1,311,23 968. Page 1179, line 19: after that line insert:

SB45-SSA1-SA1,311,24 " Section 2308mc. 186.01 (2) of the statutes is amended to read:

SB45-SSA1-SA1,312,5 186.01 (2) "Credit union" means a cooperative, nonprofit corporation, incorporated under this chapter to encourage thrift among its members, create a source of credit at a fair and reasonable cost and provide an opportunity for its members to improve their economic and social conditions, except as specifically provided under ss. 186.41 (1) and 186.45 (1).

SB45-SSA1-SA1, s. 2308mf Section 2308mf. 186.01 (8) of the statutes is repealed.

SB45-SSA1-SA1, s. 2308mh Section 2308mh. 186.02 (2) (a) 1. of the statutes is amended to read:

SB45-SSA1-SA1,312,9 186.02 (2) (a) 1. The conditions of residence or occupation which qualify persons determine eligibility for membership.

SB45-SSA1-SA1, s. 2308mj Section 2308mj. 186.02 (2) (a) 3. and 4. of the statutes are repealed.

SB45-SSA1-SA1, s. 2308mL Section 2308mL. 186.02 (2) (b) 2. of the statutes is amended to read:

SB45-SSA1-SA1,312,16 186.02 (2) (b) 2. Residents within a well-defined neighborhood, community or Individuals that reside or are employed in neighborhoods, communities, rural district districts or multicounty regions, unless the office of credit unions determines that it is impractical for a particular credit union to serve the area in which the individuals reside or are employed.

SB45-SSA1-SA1, s. 2308mn Section 2308mn. 186.02 (2) (b) 3. of the statutes is amended to read:

SB45-SSA1-SA1,312,21 186.02 (2) (b) 3. Employes of related or vicinal industries or employes of industries that operate at least one facility within a neighborhood or urban, suburban or rural community the limits of which are not determined by any arbitrary physical standard.

SB45-SSA1-SA1, s. 2308mp Section 2308mp. 186.02 (2) (c) of the statutes is amended to read:

SB45-SSA1-SA1,313,2 186.02 (2) (c) Members of the immediate family of all qualified persons are eligible for membership. In this paragraph, "members of the immediate family" include the wife, husband, parents, stepchildren and children of a member whether living together in the same household or not and any other relatives of the member or spouse of a member living together in the same household as the member.

SB45-SSA1-SA1, s. 2308mr Section 2308mr. 186.02 (2) (d) of the statutes is renumbered 186.02 (2) (d) 1. and amended to read:

SB45-SSA1-SA1,313,8 186.02 (2) (d) 1. Organizations and associations An organization or association of individuals, the majority of whom the directors, owners or members of which are eligible for membership, may be admitted to membership in the same manner and under the same conditions as individuals.

SB45-SSA1-SA1, s. 2308mt Section 2308mt. 186.02 (2) (d) 2. of the statutes is created to read:

SB45-SSA1-SA1,313,14 186.02 (2) (d) 2. An organization or association that has a business location within any geographic limits of the credit union's field of membership or an organization or association that, in the ordinary course of business, provides goods and services to credit unions, credit union organizations or persons who are eligible for membership in the credit union may be admitted to membership.

SB45-SSA1-SA1, s. 2308mv Section 2308mv. 186.08 (1m) (h) of the statutes is created to read:

SB45-SSA1-SA1,313,18 186.08 (1m) (h) Establishing a policy determining which individuals qualify as members of the immediate family of a qualified person for the purpose of determining eligibility for membership in the credit union under s. 186.02 (2) (c).

SB45-SSA1-SA1, s. 2308mx Section 2308mx. 186.11 (4) (title) and (a) of the statutes are amended to read:

SB45-SSA1-SA1,314,2 186.11 (4) (title) Investment in credit union service corporations organizations. (a) A Unless the office of credit unions approves a higher percentage, a credit union may invest not more than 1.5% of its total assets in the capital shares or obligations of a credit union service corporation organizations that are corporations, limited partnerships, limited liability companies or other entities approved by the office of credit unions, and that are organized primarily to provide goods and services, in the ordinary course of business, to credit unions, credit union organizations and credit union members.

SB45-SSA1-SA1, s. 2308pc Section 2308pc. 186.11 (4) (b) (intro.) and 1. of the statutes are amended to read:

SB45-SSA1-SA1,314,6 186.11 (4) (b) (intro.) A credit union service corporation organization under par. (a) may provide goods and services including any of the following:

SB45-SSA1-SA1,314,12 1. Credit union operations services, including service centers, credit and debit card services, automated teller and remote terminal services, electronic transaction services, accounting systems, data processing, management training and support, payment item processing, record retention and storage, locator services, research, debt collection, credit analysis and loan servicing, coin and currency services and marketing and advertising services.

SB45-SSA1-SA1, s. 2308pf Section 2308pf. 186.11 (4) (b) 6. and 7. of the statutes are renumbered 186.11 (4) (b) 9. and 10.

SB45-SSA1-SA1, s. 2308ph Section 2308ph. 186.11 (4) (b) 6m., 7m. and 8. of the statutes are created to read:

SB45-SSA1-SA1,314,18 186.11 (4) (b) 6m. Management, development, sale or lease of fixed assets and sale, lease or servicing of computer hardware or software.

SB45-SSA1-SA1,314,19 7m. Securities brokerage services.

SB45-SSA1-SA1,314,20 8. Travel agency services.

SB45-SSA1-SA1, s. 2308pj Section 2308pj. 186.11 (4) (c) of the statutes is amended to read:

SB45-SSA1-SA1,314,23 186.11 (4) (c) A credit union service corporation organization may be subject to audit examination by the office of credit unions.

SB45-SSA1-SA1, s. 2308pL Section 2308pL. 186.113 (1) of the statutes is amended to read: