Amendment ASA1-AB40

AB40-ASA1, s. 2694 Section 2694. 167.21 (1) (b) of the statutes is amended to read:

AB40-ASA1,1123,25 167.21 (1) (b) "Department" means the department of commerce safety and professional services.

AB40-ASA1, s. 2695 Section 2695. 167.27 (5) of the statutes is amended to read:

AB40-ASA1,1124,20 167.27 (5) Whenever any mine shaft, exploration shaft or test well is abandoned or its use discontinued, the operator or contractor shall promptly fill same to grade or enclose the same with a fence of strong woven wire not less than 46 inches wide with one barbwire above or cap same with a reinforced concrete slab at least 6 inches thick or with a native boulder at least 3 times the diameter of the top of the shaft or test well bore. The strands of the woven wire shall not be smaller than No. 12 wire and the cross wires and meshes shall not be smaller than No. 16 wire; the strands shall not be more than 12 inches apart, and the meshes shall not exceed 8 inches square. All wires must be tightly stretched and securely fastened to sufficient posts firmly set not more than 8 feet apart. In case any person shall neglect to repair or rebuild such fence which the person is so required to build and maintain, any person may complain to the department of commerce safety and professional services or to the local governing body, which shall give notice in writing to the person who is required to build and maintain such fence. The department of commerce safety and professional services or the local governing body shall then proceed to examine the fence, and if it shall determine that such fence is insufficient, it shall notify the person responsible for its erection and maintenance and direct the person to repair or rebuild the fence within such time as it shall deem reasonable. Any person refusing to comply with such order shall be subject to the penalties provided.

AB40-ASA1, s. 2696 Section 2696. 167.27 (8) of the statutes is amended to read:

AB40-ASA1,1124,24 167.27 (8) Any violation of this section coming to the attention of the department of commerce safety and professional services or municipal authorities shall be reported to the attorney general or district attorney for prosecution.

AB40-ASA1, s. 2697 Section 2697. 167.31 (4) (a) 4. b. of the statutes is amended to read:

AB40-ASA1,1125,3 167.31 (4) (a) 4. b. He or she holds a certificate of proficiency to carry a firearm issued by the department of regulation and licensing safety and professional services.

AB40-ASA1, s. 2698 Section 2698. 167.31 (4) (a) 4. e. of the statutes is amended to read:

AB40-ASA1,1125,6 167.31 (4) (a) 4. e. His or her firearm is in plain view, as defined by rule by the department of regulation and licensing safety and professional services.

AB40-ASA1, s. 2699 Section 2699. 167.35 (1) (b) of the statutes is amended to read:

AB40-ASA1,1125,9 167.35 (1) (b) "Department" means the department of commerce safety and professional services unless the context requires otherwise.

AB40-ASA1, s. 2700 Section 2700. 167.35 (7) (b) of the statutes is amended to read:

AB40-ASA1,1125,15 167.35 (7) (b) The department of revenue, in the course of conducting any inspection or examination authorized under s. 139.39, may inspect cigarettes to determine if the cigarettes are marked as provided under sub. (4), and the department of revenue shall notify the department of commerce safety and professional services of any unmarked cigarettes.

AB40-ASA1, s. 2701 Section 2701. 167.35 (7) (c) of the statutes is amended to read:

AB40-ASA1,1125,24 167.35 (7) (c) Authorized personnel from the department of justice, from the department of commerce safety and professional services, and from the department of revenue, and any sheriff, police officer, or other law enforcement personnel, within their respective jurisdictions, may enter and inspect any premises where cigarettes are made, sold, offered for sale, or stored to determine if the cigarettes comply with this section. An inspection under this paragraph includes examining the books, papers, invoices, and other records of any person who is subject to this section and who is in control, possession, or occupancy of the premises.

AB40-ASA1, s. 2702 Section 2702. 168.01 (1) of the statutes is amended to read:

AB40-ASA1,1126,2 168.01 (1) "Department" means the department of commerce safety and professional services.

AB40-ASA1, s. 2702p Section 2702p. 169.19 (3) (d) of the statutes is created to read:

AB40-ASA1,1126,5 169.19 (3) (d) A municipality or county may not limit the number of wild birds that are released into the wild under the authority of a bird hunting preserve license.

AB40-ASA1, s. 2703 Section 2703. 170.12 (3) (dm) of the statutes is repealed.

AB40-ASA1, s. 2704m Section 2704m. 175.405 of the statutes is created to read:

AB40-ASA1,1126,10 175.405 Sexual assault; evidence where no suspect has been identified. (1) In this section, "law enforcement agency" has the meaning given in s. 165.83 (1) (b).

AB40-ASA1,1126,16 (2) Whenever a Wisconsin law enforcement agency collects, in a case of alleged or suspected sexual assault, evidence upon which deoxyribonucleic acid analysis can be performed, and the person who committed the alleged or suspected sexual assault has not been identified, the agency shall follow the procedures specified in s. 165.77 (8) and shall, in a timely manner, submit the evidence it collects to a crime laboratory, as identified in s. 165.75.

AB40-ASA1, s. 2705 Section 2705. 182.0175 (1m) (e) 2. of the statutes is amended to read:

AB40-ASA1,1126,21 182.0175 (1m) (e) 2. The department of commerce safety and professional services may promulgate a rule that requires retail suppliers, as defined in s. 101.16 (1) (d), of propane to inform their customers each year of the obligation of owners of transmission facilities under this section.

AB40-ASA1, s. 2707 Section 2707. 186.235 (15) (b) of the statutes is amended to read:

AB40-ASA1,1127,4 186.235 (15) (b) Witness fees shall be the same as fees under s. 814.67 (1) (b) and (c). The fees of witnesses who are called by the office in the interests of the state shall be paid by the state upon presentation of proper vouchers approved by the office of credit unions and charged to the appropriation under s. 20.144 (2) (1) (g). A witness subpoenaed by the office at the instance of a party other than the office shall not be entitled to payment of fees by the state unless the office certifies that the testimony was material to the purpose for which the subpoena was issued.

AB40-ASA1, s. 2707d Section 2707d. 186.314 (intro.) (except 186.314 (title)) of the statutes is renumbered 186.314 (1m) (intro.).

AB40-ASA1, s. 2707e Section 2707e. 186.314 (1) to (4) of the statutes are renumbered 186.314 (1m) (a) to (d).

AB40-ASA1, s. 2707f Section 2707f. 186.314 (1m) (title) of the statutes is created to read:

AB40-ASA1,1127,10 186.314 (1m) (title) To federal credit union.

AB40-ASA1, s. 2707g Section 2707g. 186.314 (2m) of the statutes is created to read:

AB40-ASA1,1127,12 186.314 (2m) To savings bank or state bank. (a) In this subsection:

AB40-ASA1,1127,15 1. "Savings bank" has the meaning given in s. 214.01 (1) (t) and includes a mutual savings bank and a stock savings bank as well as a savings bank that is a subsidiary of, or is otherwise controlled by, a savings bank holding company.

AB40-ASA1,1127,16 2. "Savings bank holding company" has the meaning given in s. 214.01 (1) (tm).

AB40-ASA1,1127,17 3. "State bank" means a bank organized under ch. 221.

AB40-ASA1,1127,19 (b) A credit union may convert to a savings bank or state bank by complying with pars. (c) to (e).

AB40-ASA1,1128,10 (c) The proposition for a conversion shall first be approved by a majority recommendation of the directors of the credit union. The directors shall, by a majority vote of the directors, set a date for a meeting of credit union members to vote on the conversion. Credit union members may also vote by written ballot to be filed on or before the meeting date. Written notice specifying the purpose and subject matter of the meeting and the date that is set for the meeting and for voting by submission of a written ballot shall be sent to each member eligible to vote at the member's address appearing on the records of the credit union. This notice shall be sent to each credit union member not more than 90 days nor less than 30 days before the date of the meeting to vote on the conversion and shall be accompanied by a written ballot. The ballot shall permit the member to vote for or against the proposal, shall clearly inform the member that the member may vote at the meeting or by submitting the written ballot, and shall state the date, time, and place of the meeting. Approval of the proposition for conversion shall be by affirmative vote, in person or in writing, of a majority of the credit union members voting at the meeting or by written ballot.

AB40-ASA1,1128,16 (d) A credit union that proposes to convert to a savings bank or state bank under this subsection shall file with the office of credit unions a notice of its intent to convert and, within 10 days after the member vote on the conversion under par. (c), a statement of the results of the member vote. If the credit union members vote to approve the proposition for conversion, the member vote shall be verified by the office of credit unions.

AB40-ASA1,1128,23 (e) Upon approval by the credit union members of the proposition for conversion under par. (c), the credit union shall take all necessary action under ch. 214 or 221 to complete the conversion to a savings bank or state bank. Within 90 days after receipt from the division of banking of a certificate of incorporation as a savings bank or state bank, the credit union shall file a copy of the certificate with the office of credit unions and the office of credit unions shall issue to a converting credit union a certificate of conversion to a savings bank or state bank.

AB40-ASA1,1129,10 (f) Upon conversion, the credit union shall cease to be a credit union, shall be a savings bank or state bank, shall no longer be subject to this chapter, and shall be subject to ch. 214 or 221 and all other provisions of law governing savings banks or state banks. Upon conversion, the legal existence of the savings bank or state bank shall be a continuation of the credit union, and all property and every right, privilege, interest, and asset of the credit union immediately, without any conveyance, transfer, or further act of the savings bank or state bank, vests in the savings bank or state bank. The resulting savings bank or state bank shall succeed to and be vested with all the rights, assets, obligations, and relations of the credit union, and all actions and other judicial proceedings to which the credit union is a party may be prosecuted and defended, to the same extent as though the conversion had not taken place.

AB40-ASA1,1129,15 (g) Upon conversion of a credit union into a stock savings bank or state bank, the stock savings bank or state bank may distribute shares of the capital stock of the stock savings bank or state bank, or may distribute cash, or both, to the former members of the converted credit union in recognition of their ownership of the equity of the converted credit union.

AB40-ASA1,1129,19 (h) 1. In this paragraph, "senior management official" means a chief executive officer, an assistant chief executive officer, a chief financial officer, and any other senior executive officer as defined by the appropriate federal banking agency as directed under 12 USC 1831i (f).

AB40-ASA1,1129,25 2. No director or senior management official of a credit union may receive any economic benefit in connection with a conversion of the credit union to a savings bank or state bank except that a director or senior management official may receive director fees as well as compensation and other benefits paid to directors and senior management officials of the converted savings bank or state bank in the ordinary course of business.

AB40-ASA1, s. 2707m Section 2707m. 196.31 (2m) of the statutes is amended to read:

AB40-ASA1,1130,11 196.31 (2m) From the appropriation under s. 20.155 (1) (j), the commission shall may make an annual grant grants that, in the aggregate, do not exceed an annual total of $300,000 to a one or more nonstock, nonprofit corporation corporations that is are described under section 501 (c) (3) of the Internal Revenue Code, and that has have a history of advocating at the commission on behalf of residential ratepayers for affordable rates ratepayers of this state, for the purpose of offsetting the general expenses of the corporation corporations, including salary, benefit, rent, and utility expenses. The commission may impose conditions on grants made under this subsection and may revoke a grant if the commission finds that such a condition is not being met.

AB40-ASA1, s. 2708 Section 2708. 196.374 (2) (a) 2. e. of the statutes is amended to read:

AB40-ASA1,1130,20 196.374 (2) (a) 2. e. Components to implement energy efficiency or renewable energy measures in facilities of manufacturing businesses in this state that are consistent with the objectives under s. 560.128 (1) (a) the implementation of energy efficiency or renewable energy measures in manufacturing facilities to enhance their competitiveness, the retooling of existing facilities to manufacture products that support the green economy, the expansion or establishment of domestic clean energy manufacturing operations, and creating or retaining jobs for workers engaged in such activities.

AB40-ASA1, s. 2709 Section 2709. 196.374 (2) (a) 4. of the statutes is repealed.

AB40-ASA1, s. 2710 Section 2710. 196.374 (3) (a) of the statutes is amended to read:

AB40-ASA1,1131,9 196.374 (3) (a) In general. The commission shall have oversight of programs under sub. (2). The commission shall maximize coordination of program delivery, including coordination between programs under subs. (2) (a) 1., (b) 1. and 2., and (c) and (7), ordered programs, low-income weatherization programs under s. 16.957, renewable resource programs under s. 196.378, and other energy efficiency or renewable resource programs. The commission shall cooperate with the department of natural resources to ensure coordination of energy efficiency and renewable resource programs with air quality programs and to maximize and document the air quality improvement benefits that can be realized from energy efficiency and renewable resource programs. The commission shall cooperate with the department of commerce to ensure coordination of energy efficiency and renewable resource programs under sub. (2) (a) 2. e. with the loan program under s. 560.128 (1) (a).

AB40-ASA1, s. 2710c Section 2710c. 196.374 (3) (b) 2. (intro.) of the statutes is renumbered 196.374 (3) (b) 2. and amended to read:

AB40-ASA1,1131,21 196.374 (3) (b) 2. The commission shall require each energy utility to spend 1.2 percent of its annual operating revenues to fund the utility's programs under sub. (2) (b) 1., the utility's ordered programs, the utility's share of the statewide energy efficiency and renewable resource programs under sub. (2) (a) 1., and the utility's share, as determined by the commission under subd. 4., of the costs incurred by the commission in administering this section. Subject to approval under subd. 3., the commission may require each energy utility to spend a larger percentage of its annual operating revenues to fund these programs and costs. The commission may make such a requirement based on the commission's consideration of all of the following:

AB40-ASA1, s. 2710e Section 2710e. 196.374 (3) (b) 2. a. to h. of the statutes are repealed.

AB40-ASA1, s. 2710g Section 2710g. 196.374 (3) (b) 3. of the statutes is repealed.

AB40-ASA1, s. 2711 Section 2711. 196.49 (4) of the statutes is amended to read:

AB40-ASA1,1132,4 196.49 (4) The commission may not issue a certificate under sub. (1), (2), or (3) for the construction of electric generating equipment and associated facilities unless the commission determines that brownfields, as defined in s. 238.13 (1) (a) or s. 560.13 (1) (a), 2009 stats., are used to the extent practicable.

AB40-ASA1, s. 2712 Section 2712. 196.491 (2) (b) 2. of the statutes is amended to read:

AB40-ASA1,1132,6 196.491 (2) (b) 2. Department of commerce safety and professional services.

AB40-ASA1, s. 2713 Section 2713. 196.491 (2) (e) of the statutes is amended to read:

AB40-ASA1,1132,11 196.491 (2) (e) Any state agency, as defined in s. 560.9810 16.310 (1), county, municipality, town, or person may submit written comments to the commission on a strategic energy assessment within 90 days after copies of the draft are issued under par. (b).

AB40-ASA1, s. 2714 Section 2714. 196.491 (3) (a) 2m. b. of the statutes is amended to read:

AB40-ASA1,1132,16 196.491 (3) (a) 2m. b. The applicant proposes alternative construction sites for the facility that are contiguous or proximate, provided that at least one of the proposed sites is a brownfield, as defined in s. 560.13 238.13 (1) (a), or the site of a former or existing large electric generating facility.

AB40-ASA1, s. 2715 Section 2715. 196.491 (3) (d) 8. of the statutes is amended to read:

AB40-ASA1,1132,19 196.491 (3) (d) 8. For a large electric generating facility, brownfields, as defined in s. 560.13 238.13 (1) (a), are used to the extent practicable.

AB40-ASA1, s. 2715s Section 2715s. 200.09 (1) of the statutes is amended to read:

AB40-ASA1,1133,10 200.09 (1) A district formed under this subchapter shall be governed by a 5-member commission appointed for staggered 5-year terms. Except as provided in sub. (11), commissioners shall be appointed by the county board of the county in which the district is located. If the district contains territory of more than one county, the county boards of the counties not having the greatest population in the district shall appoint one commissioner each and the county board of the county having the greatest population in the district shall appoint the remainder. Of the initial appointments, the appointments for the shortest terms shall be made by the counties having the least amount of population, in reverse order of their population included in the district. Commissioners shall be residents of the district. Initial appointments shall be made no sooner than 60 days and no later than 90 days after issuance of the department order forming a district or after completion of any court proceedings challenging such order. A per diem compensation not to exceed $50 may be paid to commissioners. Commissioners may be reimbursed for actual expenses incurred as commissioners in carrying out the work of the commission.

AB40-ASA1, s. 2715u Section 2715u. 200.09 (7) of the statutes is amended to read:

AB40-ASA1,1133,17 200.09 (7) A per diem compensation not to exceed $50 may be paid to commissioners in an amount the commission specifies by resolution. Any change in the per diem amount after its initial establishment applies only to subsequently appointed or reappointed commissioners. Commissioners shall be reimbursed for actual expenses incurred as commissioners in carrying out the work of the commission.

AB40-ASA1, s. 2716 Section 2716. 200.49 (1) (b) of the statutes is amended to read:

AB40-ASA1,1133,20 200.49 (1) (b) "Minority group member" has the meaning given under s. 560.036 16.287 (1) (f).

AB40-ASA1, s. 2717 Section 2717. 200.57 (1) (a) of the statutes is amended to read:

AB40-ASA1,1133,25 200.57 (1) (a) "Disabled veteran-owned financial adviser" and "disabled veteran-owned investment firm" mean a financial adviser and investment firm, respectively, certified by the department of commerce administration under s. 560.0335 16.283 (3).

AB40-ASA1, s. 2718 Section 2718. 200.57 (1) (b) of the statutes is amended to read:

AB40-ASA1,1134,4 200.57 (1) (b) "Minority financial adviser" and "minority investment firm" mean a financial adviser and investment firm, respectively, certified by the department of commerce administration under s. 560.036 16.287 (2).

AB40-ASA1, s. 2718m Section 2718m. 214.40 (3) of the statutes is amended to read:

AB40-ASA1,1134,9 214.40 (3) A stock financial institution seeking to convert to a savings bank under s. 214.66 (1m) shall, before declaring a dividend on its capital stock, transfer not less than 50% of its net profits of the preceding half year to its paid-in surplus until it has paid-in surplus equal to 20% of capital stock.

AB40-ASA1, s. 2719 Section 2719. 214.48 (4) (a) of the statutes is amended to read:

AB40-ASA1,1134,16 214.48 (4) (a) An independent qualified appraiser, designated by the board of directors, who is properly licensed and certified by the department of regulation and licensing safety and professional services or by another entity authorized to govern appraisal licensure and certification and who meets the requirements of title XI of the financial institutions reform, recovery and enforcement act of 1989, 12 USC 3331 to 3351 and regulations adopted pursuant to those sections.

AB40-ASA1, s. 2719d Section 2719d. 214.66 (intro.) (except 214.66 (title)) of the statutes is renumbered 214.66 (1m) (intro.).

AB40-ASA1, s. 2719e Section 2719e. 214.66 (1) to (7) of the statutes are renumbered 214.66 (1m) (a) to (g).

AB40-ASA1, s. 2719f Section 2719f. 214.66 (1m) (title) of the statutes is created to read:

AB40-ASA1,1134,22 214.66 (1m) (title) From savings and loan association or federal savings bank.

AB40-ASA1, s. 2719g Section 2719g. 214.66 (2) of the statutes is created to read:

AB40-ASA1,1134,25 214.66 (2) From credit union. A credit union under ch. 186 may become a savings bank by doing all of the following:

AB40-ASA1,1135,2 (a) Applying to the division for authority to organize as a savings bank and satisfying all requirements under this chapter for organizing as a savings bank.

AB40-ASA1,1135,4 (b) Satisfying all requirements under s. 186.314 (2m) for conversion to a savings bank.

AB40-ASA1,1135,6 (c) Recording the savings bank's articles of incorporation in the county in which its home office is located.