Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,750,24 a. The amount appropriated under ss. s. 20.155 (1) (q), except that in fiscal year 2003-04 the total amount of contributions in that fiscal year under this subd. 3. a. may not exceed $5,000,000 and except that beginning in fiscal year 2004-05 the total amount of contributions in a fiscal year under this subd. 3. a. may not exceed $6,000,000.

SB55-SSA1-CA1,751,2 b. The amounts appropriated under ss. 20.255 (3) (q), 20.275 (1) (s), (t) and (tm) and 20.285 (1) (q).

SB55-SSA1-CA1,751,6 3m. Contributions under this paragraph may be based only on the gross operating revenues from the provision of broadcast services identified by the commission under subd. 2. and on intrastate telecommunications services in this state of the telecommunications providers subject to the contribution.".

SB55-SSA1-CA1,751,7 1293. Page 989, line 8: delete "(7)" and substitute "(7)".

SB55-SSA1-CA1,751,8 1294. Page 989, line 17: after that line insert:

SB55-SSA1-CA1,751,9 " Section 2983m. 196.218 (5) (a) 10. of the statutes is created to read:

SB55-SSA1-CA1,751,12 196.218 (5) (a) 10. To make the grant awarded by the technology for educational achievement in Wisconsin board to the Racine Unified School District under s. 44.72 (3).".

SB55-SSA1-CA1,751,13 1295. Page 992, line 12: after that line insert:

SB55-SSA1-CA1,751,15 " Section 3001b. 196.491 (1) (w) of the statutes is renumbered 196.491 (1) (w) 1., and 196.491 (1) (w) 1. (intro.), as renumbered, is amended to read:

SB55-SSA1-CA1,751,19 196.491 (1) (w) 1. (intro.) "Wholesale merchant plant" means, except as provided in subd. 2., electric generating equipment and associated facilities located in this state that do not provide service to any retail customer and that are owned and operated by any of the following:

SB55-SSA1-CA1, s. 3001d Section 3001d. 196.491 (1) (w) 2. of the statutes is created to read:

SB55-SSA1-CA1,751,23 196.491 (1) (w) 2. "Wholesale merchant plant" does not include an electric generating facility or an improvement to an electric generating facility that is subject to a leased generation contract, as defined in s. 196.52 (9) (a) 3.".

SB55-SSA1-CA1,751,24 1296. Page 993, line 12: after that line insert:

SB55-SSA1-CA1,752,1 " Section 3001p. 196.496 of the statutes is created to read:

SB55-SSA1-CA1,752,6 196.496 Distributed generation facilities. (1) Definition. In this section, "distributed generation facility" means a facility for the generation of electricity with a capacity of no more than 15 megawatts that is located near the point where the electricity will be used or is in a location that will support the functioning of the electric power distribution grid.

SB55-SSA1-CA1,752,12 (2) Rules. The commission shall promulgate rules establishing standards for the connection of distributed generation facilities to electric distribution facilities. To the extent technically feasible and cost effective, the standards shall be uniform and shall promote the development of distributed generation facilities. The standards shall address engineering, electric reliability, and safety concerns and the methods for determining charges for interconnection.".

SB55-SSA1-CA1,752,13 1297. Page 995, line 10: after that line insert:

SB55-SSA1-CA1,752,14 " Section 3007m. 121.06 (4) of the statutes is amended to read:

SB55-SSA1-CA1,752,18 121.06 (4) For purposes of computing state aid under s. 121.08, equalized valuations calculated under sub. (1) and certified under sub. (2) shall include the full value of computers property that are is exempt under s. 70.11 (39) and (39m) as determined under s. 79.095 (3).".

SB55-SSA1-CA1,752,20 1298. Page 995, line 11: delete the material beginning with that line and ending with page 998, line 17, and substitute:

SB55-SSA1-CA1,752,21 " Section 3008mc. 196.52 (9) of the statutes is created to read:

SB55-SSA1-CA1,752,22 196.52 (9) (a) In this subsection:

SB55-SSA1-CA1,752,23 1. "Electric generating equipment" means any of the following:

SB55-SSA1-CA1,752,24 a. An electric generator.

SB55-SSA1-CA1,753,2 b. A machine that drives an electric generator, including an engine, turbine, water wheel, or wind mill.

SB55-SSA1-CA1,753,5 c. Equipment that converts a fuel or source of energy into energy that powers a machine that drives an electric generator, including a boiler, but not including a nuclear reactor.

SB55-SSA1-CA1,753,6 d. A fuel or photovoltaic cell.

SB55-SSA1-CA1,753,9 2. "Electric generating facility" means electric generating equipment and associated facilities that, together, constitute a complete facility for the generation of electricity.

SB55-SSA1-CA1,753,14 3. "Leased generation contract" means a contract or arrangement or set of contracts or arrangements under which an affiliated interest of a public utility agrees with the public utility to construct or improve an electric generating facility and to lease to the public utility land and the facility for operation by the public utility.

SB55-SSA1-CA1,753,16 (b) The commission may approve a leased generation contract under sub. (3) only if all of the following apply:

SB55-SSA1-CA1,753,19 1. The commission has not issued a certificate under s. 196.49 or a certificate of public convenience and necessity under s. 196.491 (3) before January 1, 2002, for any construction or improvement that is subject to the leased generation contract.

SB55-SSA1-CA1,753,21 2. Construction or improvement of the electric generating facility that is subject to the leased generation contract commences on or after January 1, 2002.

SB55-SSA1-CA1,753,24 3. Except as provided in s. 196.795 (5) (k) 3., no electric generating facility, electric generating equipment, or associated facilities, held or used by the public utility for the provision of electric service, is transferred to the affiliated interest.

SB55-SSA1-CA1,754,2 4. The estimated gross cost of the construction or improvement that is subject to the leased generation contract is at least $10,000,000.

SB55-SSA1-CA1,754,3 5. The construction or improvement is not to a nuclear-powered facility.

SB55-SSA1-CA1,754,7 6. Any real property that the public utility transfers to the affiliated interest for the purpose of implementing the leased generation contract is transferred at book value, which is determined on the basis of the regulated books of account at the time of the transfer.

SB55-SSA1-CA1,754,13 7. If the public utility transfers real property to the affiliated interest for the purpose of implementing the leased generation contract, the leased generation contract provides for transferring that real property back to the public utility, on the same terms and conditions as the original transfer, if the commission determines that the construction or improvement that is subject to the leased generation contract has not been completed.

SB55-SSA1-CA1,754,15 8. The leased generation contract provides that, upon termination of the contract, all of the following apply:

SB55-SSA1-CA1,754,20 a. The public utility shall have the option, subject to commission approval, to extend the contract, or purchase the electric generating facility or the improvements to an electric generating facility, at fair market value as determined by a valuation process that is conducted by an independent third party and that is specified in the contract.

SB55-SSA1-CA1,755,2 b. If the public utility exercises the option specified in subd. 8. a., the affiliated interest may require the public utility to extend the contract, rather than purchase the facilities or improvements, if the affiliated interest demonstrates to the commission that the extension avoids material adverse tax consequences and that the extension provides terms and conditions that are economically equivalent to a purchase.

SB55-SSA1-CA1,755,4 9. For any gas-fired electric generating facility that is constructed under the leased generation contract, the term of the lease is 20 years or more.

SB55-SSA1-CA1,755,6 10. For any coal-fired electric generating facility that is constructed under the leased generation contract, the term of the lease is 25 years or more.

SB55-SSA1-CA1,755,14 11. The leased generation contract does not take effect until the date on which the affiliated interest commences construction or improvement of the electric generating facility, except that, if the leased generation contract relates to the construction or improvement of more than one electric generating facility, the leased generation contract does not take effect with respect to the construction or improvement of an individual electric generating facility until the date on which the affiliated interest commences construction or improvement on that electric generating facility.

SB55-SSA1-CA1,755,20 (c) Except as provided in par. (d), the commission may not increase or decrease the retail revenue requirements of a public utility on the basis of any income, expense, gain, or loss that is received or incurred by an affiliated interest of the public utility and that arises from the ownership of an electric generating facility or an improvement to an electric generating facility by an affiliated interest under a leased generation contract.

SB55-SSA1-CA1,756,3 (d) The commission shall allow a public utility that has entered into a leased generation contract that has been approved by the commission under sub. (3) to recover fully in its retail rates that portion of any payments under the leased generation contract that the commission allocates to the public utility's retail electric service, and that portion of all other costs that is prudently incurred in the public utility's operation and maintenance of the electric generating facility or improvement that is subject to the leased generation contract and that the commission allocates to the public utility's retail electric service.

SB55-SSA1-CA1,756,7 (e) Notwithstanding sub. (5) (a), the commission may not modify or terminate a leased generation contract approved under sub. (3) except as specified in the leased generation contract or the commission's order approving the leased generation contract.

SB55-SSA1-CA1,756,10 (f) The commission shall maintain jurisdiction to ensure that the construction or improvement under a leased generation contract approved under sub. (3) is completed as provided in the leased generation contract.

SB55-SSA1-CA1,756,16 (g) Nothing in this subsection prohibits a cooperative association organized under ch. 185, a municipal utility, as defined in s. 196.377 (2) (a) 3., or a municipal electric company, as defined in s. 66.0825 (3) (d), from acquiring an interest in an electric generating facility that is constructed pursuant to a leased generation contract or from acquiring an interest in land on which such an electric generating facility is located.".

SB55-SSA1-CA1,756,17 1299. Page 999, line 6: delete lines 6 to 12 and substitute:

SB55-SSA1-CA1,756,18 " Section 3011jc. 196.795 (5) (k) 3. of the statutes is created to read:

SB55-SSA1-CA1,756,22 196.795 (5) (k) 3. For the purpose of implementing a leased generation contract, as defined in s. 196.52 (9) (a) 3., that is approved under s. 196.52 (3), a public utility affiliate may transfer to a nonutility affiliate, at book value determined on the basis of the regulated books of account at the time of the transfer, any of the following:

SB55-SSA1-CA1,756,23 a. Land that is held or used for the provision of utility service.

SB55-SSA1-CA1,757,5 b. Electric generating equipment or associated facilities that are located on the land on which an electric generating facility subject to a leased generation contract is to be constructed, and that are part of an electric generating facility on that land that is no longer used or useful for the provision of utility service and that has been retired from the provision of utility service.".

SB55-SSA1-CA1,757,6 1300. Page 1003, line 6: after that line insert:

SB55-SSA1-CA1,757,7 " Section 3020h. 200.49 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,757,12 200.49 (1) (a) "Minority business" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that is at least 51% owned and controlled by one or more minority group members and that is engaged in construction or construction-related activities business that is certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-CA1, s. 3020i Section 3020i. 200.49 (3) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,757,17 200.49 (3) Request for proposals. (intro.) The executive director shall request proposals for prime contracts from bondable general contractors or construction contractors that are bona fide independent minority businesses. Each proposal submitted shall include all of the following conditions:

SB55-SSA1-CA1, s. 3020j Section 3020j. 200.49 (3) (b) of the statutes is amended to read:

SB55-SSA1-CA1,757,22 200.49 (3) (b) A subcontracting plan that provides sufficient detail to enable the executive director to determine that the prime contractor has made or will make a good faith effort to award at least 20% of the total contract amount to bona fide independent minority business subcontractors.

SB55-SSA1-CA1, s. 3020k Section 3020k. 200.49 (4) of the statutes is repealed.".

SB55-SSA1-CA1,757,24 1301. Page 1003, line 6: after that line insert:

SB55-SSA1-CA1,758,1 " Section 3020e. 218.0101 (19m) of the statutes is created to read:

SB55-SSA1-CA1,758,2 218.0101 (19m) "Low-speed vehicle" has the meaning given in s. 340.01 (27m).

SB55-SSA1-CA1, s. 3020j Section 3020j. 218.0101 (23) (a) 2. of the statutes is amended to read:

SB55-SSA1-CA1,758,6 218.0101 (23) (a) 2. Is engaged wholly or in part in the business of selling or leasing motor vehicles, including motorcycles and low-speed vehicles, whether or not the motor vehicles are owned by that person, firm or corporation.

SB55-SSA1-CA1, s. 3020n Section 3020n. 218.0114 (5) (a) of the statutes is amended to read:

SB55-SSA1-CA1,758,16 218.0114 (5) (a) A motor vehicle dealer or an applicant for a motor vehicle dealer license shall provide and maintain in force a bond or irrevocable letter of credit of not less than $25,000 or, if the dealer or applicant sells or proposes to sell motorcycles or low-speed vehicles, or both, and not other types of motor vehicles, a bond or irrevocable letter of credit of not less than $5,000. The bond or letter of credit shall be executed in the name of the department of transportation for the benefit of any person who sustains a loss because of an act of a motor vehicle dealer that constitutes grounds for the suspension or revocation of a license under ss. 218.0101 to 218.0163.

SB55-SSA1-CA1, s. 3020q Section 3020q. 218.0122 (3) of the statutes is amended to read:

SB55-SSA1-CA1,758,20 218.0122 (3) This section does not apply to motorcycles or low-speed vehicles that are delivered in a crated, disassembled condition to the dealer or the dealer's agent.

SB55-SSA1-CA1, s. 3020t Section 3020t. 218.0171 (2) (b) 2. b. of the statutes is amended to read:

SB55-SSA1-CA1,759,6 218.0171 (2) (b) 2. b. Accept return of the motor vehicle and refund to the consumer and to any holder of a perfected security interest in the consumer's motor vehicle, as their interest may appear, the full purchase price plus any sales tax, finance charge, amount paid by the consumer at the point of sale and collateral costs, less a reasonable allowance for use. Under this subdivision, a reasonable allowance for use may not exceed the amount obtained by multiplying the full purchase price of the motor vehicle by a fraction, the denominator of which is 100,000 or, for a motorcycle or low-speed vehicle, 20,000, and the numerator of which is the number of miles the motor vehicle was driven before the consumer first reported the nonconformity to the motor vehicle dealer.".

SB55-SSA1-CA1,759,7 1302. Page 1003, line 6: after that line insert:

SB55-SSA1-CA1,759,8 " Section 3023. 221.0320 (2) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,759,12 221.0320 (2) (a) (intro.) A liability secured by warehouse receipts issued by warehouse keepers licensed and bonded in this state under ss. 99.02 and 99.03 or under the federal bonded warehouse act or holding a registration certificate license under ch. 127 s. 126.26, if all of the following requirements are met:".

SB55-SSA1-CA1,759,13 1303. Page 1003, line 6: after that line insert:

SB55-SSA1-CA1,759,14 " Section 3020d. 198.167 of the statutes is amended to read:

SB55-SSA1-CA1,760,10 198.167 Certified public accountant; annual report. The directors of the district shall employ annually the commission or a certified public accountant licensed or certified under ch. 442 approved by said commission who shall be qualified to, and who shall with all due diligence, examine and report upon the system of accounts kept by the district, all the contracts of whatsoever kind made and entered into by the board of directors within the year immediately preceding, and the properties and investments of the district. Said The certified public accountant shall in the report make such recommendations and suggestions as to the certified public accountant shall seem proper and required for the good of the district, and the efficient and economical or advantageous management and operation of the public utility or utilities of the district; and the certified public accountant shall in the report make such recommendations and suggestions as to the system of accounts kept, or in the certified public accountant's judgment to be kept, by the district, in connection with each public utility, the classification of the public utilities of the district and the establishment of a system of accounts for each class, the manner in which such accounts shall be kept, the form of accounts, records, and memoranda kept or to be kept, including accounts, records, and memoranda of receipts and expenditures of money, and depreciation and sinking fund accounts, as in the certified public accountant's judgment may be proper and necessary, and shall not conflict with the requirements of the commission.

SB55-SSA1-CA1, s. 3020h Section 3020h. 214.76 (2) and (4) of the statutes are amended to read:

SB55-SSA1-CA1,760,20 214.76 (2) The certified public accountant shall deliver the audit report to a committee composed of 3 or more members of the board of directors, none of whom may be an officer, employee or agent of the savings bank. The committee shall present the nature, extent and conclusions of the report at the next meeting of the board of directors. A written summary of the committee's presentation, together with a copy of the audit report and a list of all criticisms made by the certified public accountant conducting the audit and any response of any member of the board of directors or any officer of the savings bank, shall be personally served or sent by certified mail to all members of the board of directors.

SB55-SSA1-CA1,761,2 (4) The audit report filed with the division shall be certified by the certified public accountant conducting the audit. If a savings bank fails to cause an audit to be made, the division shall order an audit to be made by an independent certified public accountant at the savings bank's expense. Instead of the audit required under sub. (1), the division may accept an audit or portion of an audit made exclusively for a deposit insurance corporation or for a financial regulator of another state if the home office of the savings bank is located in that state.

SB55-SSA1-CA1, s. 3020p Section 3020p. 215.523 (2) of the statutes is amended to read:

SB55-SSA1-CA1,761,6 215.523 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other persons as to matters the director or officer believes in good faith are within the person's professional or expert competence.

SB55-SSA1-CA1, s. 3020t Section 3020t. 217.08 (2) of the statutes is amended to read:

SB55-SSA1-CA1,762,2 217.08 (2) Annual license fee; additions and deletions of locations. Each licensee shall file with the division on or before December 1 of each year a statement listing the locations of the offices of the licensee and the names and locations of the agents authorized by the licensee. Every licensee shall also on or before December 1 of each year file a financial statement of its assets and liabilities as of a date not earlier than the preceding August 31 or, if the licensee is audited annually by an independent certified public accountant licensed or certified under ch. 442 at the end of each fiscal year, the licensee may submit financial statements certified by said the certified public accountant for the licensee's latest fiscal year. Such statement shall be accompanied by the annual licensee fee for the calendar year beginning the following January 1 in an amount determined under s. 217.05. The amount of the surety bond or deposit of securities required by s. 217.06 shall be adjusted to reflect the number of such locations. Licensees which do not pay the maximum license fee under s. 217.05 and which do not maintain a bond or deposit of securities in the maximum sum of $300,000 as provided in s. 217.06 shall also file a supplemental statement setting forth any changes in the list of offices and agents with the division on or before April 1, July 1 and October 1 of each year, and the principal sum of the corporate surety bond or deposit of securities required by s. 217.06 shall be adjusted to reflect any increase or decrease in the number of such locations. Any additional license fees which may become due under s. 217.05 shall be paid to the division.".

SB55-SSA1-CA1,762,3 1304. Page 1003, line 6: after that line insert:

SB55-SSA1-CA1,762,4 " Section 3020d. Chapter 218 (title) of the statutes is amended to read:

SB55-SSA1-CA1,762,10 CHAPTER 218 FINANCE COMPANIES, AUTO DEALERS, ADJUSTMENT COMPANIES and, collection agencies, rental-purchase companies, and rent-to-own agreements

SB55-SSA1-CA1, s. 3020f Section 3020f. Subchapter XI of chapter 218 [precedes 218.61] of the statutes is created to read: