Amendment AA26-ASA1-AB150

AB150-ASA1-AA26,196,5 580. Page 1484, line 11: after that line insert:

AB150-ASA1-AA26,196,6 " Section 4396b. 157.062 (1) of the statutes is amended to read:

AB150-ASA1-AA26,196,17 157.062 (1) Organization. Seven or more residents of the same county may form a cemetery association. They shall meet, select a chairperson and secretary, choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor more than 9 trustees whom the chairperson and secretary shall immediately divide by lot into 3 classes, who shall hold their offices for 1, 2 and 3 years, respectively. Within 3 days, the chairperson and secretary shall certify the corporate name, the names, home addresses and business addresses of the organizers and of the trustees, and their classification, and the annual meeting date acknowledged by them, and, except as provided in sub. (9), deliver the certification to the secretary of state department of financial institutions. The association then has the powers of a corporation.

AB150-ASA1-AA26, s. 4397b Section 4397b. 157.062 (2) of the statutes is amended to read:

AB150-ASA1-AA26,196,24 157.062 (2) Amendments. The association may change its name, the number of trustees or the annual meeting date by resolution at an annual meeting, or special meeting called for such purpose, by a majority vote of the members present, and, except as provided in sub. (9), by delivering to the secretary of state department of financial institutions a copy of the resolution, with the date of adoption, certified by the president and secretary or corresponding officers.

AB150-ASA1-AA26, s. 4398b Section 4398b. 157.062 (6) (b) of the statutes is amended to read:

AB150-ASA1-AA26,197,16 157.062 (6) (b) If an association that has been dissolved under par. (a), or any group that was never properly organized as a cemetery association, has cemetery grounds and human remains are buried in the cemetery grounds, 5 or more members, or persons interested as determined by order of the circuit judge under par. (c), may publish a class 3 notice, under ch. 985, in the municipality in which the cemetery is located, of the time, place and object of the meeting, assemble and reorganize by the election of trustees and divide them into classes as provided in sub. (1), the commencement of the terms to be computed from the next annual meeting date. The secretary shall enter the proceedings of the meeting on the records. The association is reorganized upon delivery of a copy of the proceedings to the secretary of state department of financial institutions, except as provided in sub. (9). Upon reorganization, the title to the cemetery grounds, trust funds and all other property of the association or group vests in the reorganized association, under the control of the trustees. The reorganized association may continue the name of the dissolved association or may adopt a new name.

AB150-ASA1-AA26, s. 4399b Section 4399b. 157.062 (6m) of the statutes is amended to read:

AB150-ASA1-AA26,197,20 157.062 (6m) Forms. The secretary of state department of financial institutions may prescribe and furnish forms for providing the information required under subs. (1) to (6).

AB150-ASA1-AA26, s. 4400b Section 4400b. 157.062 (9) of the statutes is amended to read:

AB150-ASA1-AA26,198,3 157.062 (9) Exemptions for certain nonprofit cemeteries. In lieu of delivering a certification, resolution or copy of proceedings to the secretary of state department of financial institutions under sub. (1), (2) or (6) (b), a cemetery association that is not required to be registered under s. 440.91 (1) and that is not organized or conducted for pecuniary profit shall deliver the certification, resolution or copy of proceedings to the office of the register of deeds of the county in which the cemetery is located.

AB150-ASA1-AA26, s. 4401b Section 4401b. 157.064 (7) of the statutes is amended to read:

AB150-ASA1-AA26,198,10 157.064 (7) Not more than 30 days after a transfer under sub. (6), the transferring association shall notify the secretary of state department of financial institutions in writing of the transfer, including the name and address of the accepting association or its treasurer. The secretary of state department of financial institutions may prescribe and furnish forms for providing the information required under this subsection.".

AB150-ASA1-AA26,198,11 581. Page 1484, line 14: after that line insert:

AB150-ASA1-AA26,198,12 " Section 4403b. 157.62 (1) (a) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,198,18 157.62 (1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every cemetery association shall file an annual report with the secretary of state department of financial institutions. The report shall be made on a calendar-year basis unless the secretary of state department of financial institutions, by rule, provides for other reporting periods. The report is due on the 60th day after the last day of the reporting period. The annual report shall include all of the following:

AB150-ASA1-AA26, s. 4404b Section 4404b. 157.62 (1) (c) of the statutes is amended to read:

AB150-ASA1-AA26,199,2 157.62 (1) (c) The secretary of state department of financial institutions may prescribe and furnish forms for reports required under this subsection. If the secretary of state department of financial institutions prescribes forms under this paragraph, he or she the department of financial institutions shall mail the forms to cemetery associations required to file under par. (a) no later than 60 days before the reports are due.".

AB150-ASA1-AA26,199,3 582. Page 1485, line 11: after that line insert:

AB150-ASA1-AA26,199,4 " Section 4408m. 159.07 (3) (j) of the statutes is amended to read:

AB150-ASA1-AA26,199,5 159.07 (3) (j) A waste tire, as defined in s. 84.078 (1) (b) 144.449 (1) (c).

AB150-ASA1-AA26, s. 4410m Section 4410m. 159.17 (1) (d) of the statutes is amended to read:

AB150-ASA1-AA26,199,8 159.17 (1) (d) "Waste tire" has the meaning given under s. 84.078 (1) (b) 144.449 (1) (c).".

AB150-ASA1-AA26,199,9 583. Page 1485, line 12: delete lines 12 to 15 and substitute:

AB150-ASA1-AA26,199,10 " Section 4415c. 159.17 of the statutes is repealed.".

AB150-ASA1-AA26,199,11 584. Page 1490, line 14: after that line insert:

AB150-ASA1-AA26,199,12 " Section 4441c. 160.255 of the statutes is created to read:

AB150-ASA1-AA26,199,14 160.255 Exceptions for private sewage systems. (1) In this section, "private sewage system" has the meaning given in s. 145.01 (12).

AB150-ASA1-AA26,199,18 (2) Notwithstanding s. 160.19 (1), (2) and (4) (b), a regulatory agency is not required to promulgate or amend rules that define design or management criteria for private sewage systems to minimize the amount of nitrate in groundwater or to maintain compliance with the preventive action limit for nitrate.

AB150-ASA1-AA26,199,22 (3) Notwithstanding s. 160.19 (3), a regulatory agency may promulgate rules that define design or management criteria for private sewage systems that permit the enforcement standard for nitrate to be attained or exceeded at the point of standards application.

AB150-ASA1-AA26,200,3 (4) Notwithstanding s. 160.21, a regulatory agency is not required to promulgate rules that set forth responses that the agency may take, or require to be taken, when the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private sewage system.

AB150-ASA1-AA26,200,7 (5) Notwithstanding ss. 160.23 and 160.25, a regulatory agency is not required to take any responses for a specific site at which the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private sewage system.".

AB150-ASA1-AA26,200,8 585. Page 1490, line 15: delete lines 15 to 23.

AB150-ASA1-AA26,200,10 586. Page 1492, line 17: delete the material beginning with that line and ending with page 1494, line 12 and substitute:

AB150-ASA1-AA26,200,11 " Section 4450. 165.07 of the statutes is repealed.

AB150-ASA1-AA26, s. 4451 Section 4451. 165.075 of the statutes is repealed.".

AB150-ASA1-AA26,200,14 587. Page 1500, line 16: delete the material beginning with that line and ending with page 1501, line 9.

AB150-ASA1-AA26,200,15 588. Page 1501, line 21: after that line insert:

AB150-ASA1-AA26,200,16 " Section 4462m. 166.20 (7g) of the statutes is repealed.".

AB150-ASA1-AA26,200,17 589. Page 1504, line 7: delete lines 7 to 20.

AB150-ASA1-AA26,200,18 590. Page 1507, line 1: after that line insert:

AB150-ASA1-AA26,200,19 " Section 4487m. 168.12 (5m) of the statutes is created to read:

AB150-ASA1-AA26,201,2 168.12 (5m) All oil inspection fees paid to the department of transportation under s. 341.45 (1g) (a) in excess of oil inspection fee credits or refunds under s. 341.45 (2) shall be deposited in the petroleum inspection fund. All oil inspection fees credited or refunded by the department of transportation under s. 341.45 (2) in excess of oil inspection fees paid to the department of transportation under s. 341.45 (1g) (a) shall be paid from the petroleum inspection fund.".

AB150-ASA1-AA26,201,3 591. Page 1510, line 4: after that line insert:

AB150-ASA1-AA26,201,4 " Section 4496t. 177.13 of the statutes is amended to read:

AB150-ASA1-AA26,201,10 177.13 Property held by courts and public agencies. Except as provided in ss. 40.08 (8), 800.095 (7m), 852.01 (3), 863.37 (2) and 863.39, intangible property held for the owner by a court, state or other government, governmental subdivision or agency, public corporation or public authority that remains unclaimed by the owner for more than one year after it became payable or distributable is presumed abandoned.".

AB150-ASA1-AA26,201,11 592. Page 1510, line 12: after that line insert:

AB150-ASA1-AA26,201,12 " Section 4498b. 179.01 (2m) of the statutes is created to read:

AB150-ASA1-AA26,201,13 179.01 (2m) "Department" means the department of financial institutions.

AB150-ASA1-AA26, s. 4499b Section 4499b. 179.03 (2) of the statutes is amended to read:

AB150-ASA1-AA26,202,6 179.03 (2) The reservation shall be made by filing with the secretary of state department an application executed by the applicant to reserve a specified name together with a fee of $10, or making a telephone application to reserve a specified name. The fee for a telephone application to reserve a specified name for 60 days is $20. If the secretary of state department finds that the name is available for use by a domestic limited partnership or foreign limited partnership, the secretary of state department shall reserve the name for the exclusive use of the applicant for a period of 60 days. The secretary of state department shall cancel the telephone application to reserve a specified name if the secretary of state department does not receive the proper fee within 15 business days after the application. Once having reserved a name, the same applicant may not again reserve the same name until more than 60 days after the expiration of the last 60-day period for which that applicant reserved that name. The right to the exclusive use of a reserved name may be transferred to any other person by filing in the office of the secretary of state with the department, together with a fee of $10, a notice of the transfer executed by the applicant for whom the name was reserved and specifying the name and address of the transferee.

AB150-ASA1-AA26, s. 4500b Section 4500b. 179.04 (2) of the statutes is amended to read:

AB150-ASA1-AA26,202,13 179.04 (2) If a limited partnership fails to maintain an agent for service of process in this state or if the agent cannot with reasonable diligence be found, substituted service may be made on the secretary of state department by delivering duplicate copies of the process, together with a fee of $10. The secretary of state department shall forward one copy by registered mail, addressed to the limited partnership at its record office.

AB150-ASA1-AA26, s. 5401b Section 5401b. 179.11 (1) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,202,18 179.11 (1) (intro.) To form a limited partnership, a certificate of limited partnership must be executed and filed in the office of the secretary of state with the department. The certificate shall be filed together with a fee of $70 and shall contain all of the following information:

AB150-ASA1-AA26, s. 5402b Section 5402b. 179.11 (2) of the statutes is amended to read:

AB150-ASA1-AA26,202,23 179.11 (2) A limited partnership is formed at the time of the filing of the certificate of limited partnership in the office of the secretary of state with the department or at any later time specified in the certificate of limited partnership, if there has been substantial compliance with this section.

AB150-ASA1-AA26, s. 5403b Section 5403b. 179.12 (1) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,203,3 179.12 (1) (intro.) A certificate of limited partnership is amended by filing a certificate of amendment in the office of the secretary of state with the department, together with a fee of $25. The certificate shall specify all of the following:

AB150-ASA1-AA26, s. 5404b Section 5404b. 179.12 (6) of the statutes is amended to read:

AB150-ASA1-AA26,203,7 179.12 (6) Except as otherwise provided in this chapter or in the certificate of amendment, a certificate of amendment is effective on its filing in the office of the secretary of state department.

AB150-ASA1-AA26, s. 5405b Section 5405b. 179.13 (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,203,14 179.13 Cancellation of certificate. (intro.) A certificate of limited partnership shall be canceled upon the dissolution and the commencement of winding up of the limited partnership or at any other time that there are no limited partners. A certificate of cancellation shall be filed together with a fee of $10 in the office of the secretary of state with the department and shall specify all of the following:

AB150-ASA1-AA26, s. 4506b Section 4506b. 179.14 (1) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,203,18 179.14 (1) (intro.) Each certificate required by this subchapter to be filed in the office of the secretary of state with the department shall be executed in the following manner:

AB150-ASA1-AA26, s. 4507b Section 4507b. 179.15 of the statutes is amended to read:

AB150-ASA1-AA26,204,2 179.15 Execution of certificate by court order. If a person required by s. 179.14 to execute any certificate fails or refuses to do so, any other person who is adversely affected by the failure or refusal, may petition the circuit court to direct the execution of the certificate. If the court finds that it is proper for the certificate to be executed and that any person so designated has failed or refused to execute the certificate, it shall order the secretary of state department to record an appropriate certificate.

AB150-ASA1-AA26, s. 4508b Section 4508b. 179.16 (title) of the statutes is amended to read:

AB150-ASA1-AA26,204,5 179.16 (title) Filing with the secretary of state department of financial institutions.

AB150-ASA1-AA26, s. 4509b Section 4509b. 179.16 (1) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,204,13 179.16 (1) (intro.)  Two signed copies of the certificate of limited partnership and of any certificates of amendment or cancellation or of any court order under s. 179.15 shall be delivered to the secretary of state department. A person who executes a certificate as an officer, general partner or fiduciary need not exhibit evidence of his or her authority as a prerequisite to filing. Unless the document does not conform to law, upon receipt of all filing fees the secretary of state department shall do all of the following:

AB150-ASA1-AA26, s. 4510b Section 4510b. 179.16 (1) (b) of the statutes is amended to read:

AB150-ASA1-AA26,204,15 179.16 (1) (b) File one duplicate original in his or her office the department.

AB150-ASA1-AA26, s. 5411b Section 5411b. 179.16 (2) of the statutes is amended to read:

AB150-ASA1-AA26,204,21 179.16 (2) Upon the filing of a certificate of amendment or court order of amendment in the office of the secretary of state department, the certificate of limited partnership shall be amended as set forth in the certificate or order, and upon the effective date of a certificate of cancellation or court order of cancellation, the certificate of limited partnership is canceled.

AB150-ASA1-AA26, s. 4512b Section 4512b. 179.16 (3) (a) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,204,24 179.16 (3) (a) (intro.) The secretary of state department may waive any of the following:

AB150-ASA1-AA26, s. 4513b Section 4513b. 179.16 (3) (a) 2. of the statutes is amended to read:

AB150-ASA1-AA26,205,3 179.16 (3) (a) 2. An omission or defect in a document, if the secretary of state department determines from the face of the document that the omission or defect is immaterial.

AB150-ASA1-AA26, s. 4514b Section 4514b. 179.16 (4) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,205,6 179.16 (4) (intro.) The secretary of state department shall charge and collect for:

AB150-ASA1-AA26, s. 4515b Section 4515b. 179.16 (5) of the statutes is amended to read:

AB150-ASA1-AA26,205,12 179.16 (5) The secretary of state department shall charge and collect, for processing a document required or permitted to be filed under this chapter in an expeditious manner, or preparing the information under sub. (4) in an expeditious manner, the expedited service fee under s. 14.38 (9) s. 182.01 (4) in addition to the fee required by other provisions of this chapter.

AB150-ASA1-AA26, s. 4516b Section 4516b. 179.18 of the statutes is amended to read:

AB150-ASA1-AA26,205,17 179.18 Notice conferred by filing. The fact that a certificate of limited partnership is on file in the office of the secretary of state with the department is notice that the partnership is a limited partnership and the persons designated as general partners are general partners, but it is not notice of any other fact.

AB150-ASA1-AA26, s. 5417b Section 5417b. 179.185 (1) of the statutes is amended to read:

AB150-ASA1-AA26,205,24 179.185 (1) A limited partnership may integrate into a single instrument the operative provisions of its certificate of limited partnership, as shown by the original certificate and amendments filed under this subchapter, and it may at the same time also further amend its certificate of limited partnership by adopting a restated certificate of limited partnership. The restated certificate shall be filed together with a fee of $25 in the office of the secretary of state with the department.

AB150-ASA1-AA26, s. 4518b Section 4518b. 179.185 (4) of the statutes is amended to read: