Amendment ASA-AB150

AB150-ASA, s. 4482 Section 4482. 168.12 (1) of the statutes is repealed and recreated to read:

AB150-ASA,1520,12 168.12 (1) Except as provided in subs. (1g) and (1r), there is imposed a petroleum inspection fee at the rate of 3 cents per gallon on all petroleum products that are received, as defined in s. 78.07, by a supplier, as defined in s. 78.005 (14), for sale in this state or for sale for export to this state. The fee shall be paid under s. 168.125 and shall be based on the number of gallons reported under s. 168.125.

AB150-ASA, s. 4483 Section 4483. 168.12 (1g) of the statutes is created to read:

AB150-ASA,1520,17 168.12 (1g) The fee under sub. (1) is not imposed on petroleum products that are shipped from storage at a refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture to a person for storage at another refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture.

AB150-ASA, s. 4484 Section 4484. 168.12 (1r) of the statutes is created to read:

AB150-ASA,1520,20 168.12 (1r) The fee under sub. (1) is not imposed on petroleum products exported from this state by a person who is licensed under sub. (7) or s. 78.09.

AB150-ASA, s. 4485 Section 4485. 168.12 (2) of the statutes is repealed.

AB150-ASA, s. 4486 Section 4486. 168.12 (3) of the statutes is repealed.

AB150-ASA, s. 4487 Section 4487. 168.12 (4) of the statutes is repealed.

AB150-ASA, s. 4488 Section 4488. 168.12 (6) of the statutes is repealed.

AB150-ASA, s. 4489 Section 4489. 168.12 (7) of the statutes is created to read:

AB150-ASA,1521,7 168.12 (7) No person may ship petroleum products into this state unless that person either has a license under s. 78.09 or obtains a petroleum products shipper license from the department of revenue by filing with that department an application prescribed and furnished by that department and verified by the owner of the business if the owner is an individual, by a member if the owner is an unincorporated association, by a partner if the owner is a partnership or by the president and secretary if the owner is a corporation.

AB150-ASA, s. 4490 Section 4490. 168.12 (8) of the statutes is created to read:

AB150-ASA,1521,20 168.12 (8) (a) To protect the revenues of this state, the department of revenue may require any person who is liable to that department for the fee under sub. (1) to place with it security in the amount that that department determines. The department of revenue may increase or decrease the amount of the security, but that amount may not exceed 3 times the person's average monthly liability for the fee under sub. (1) as estimated by that department. If any person fails to provide that security, the department of revenue may refuse to issue a license under sub. (7) or s. 78.09 or may revoke the person's license under sub. (7) or s. 78.09. If any taxpayer is delinquent in the payment of the fee under sub. (1), the department of revenue may, upon 10 days' notice, recover the fee, interest, penalties, costs and disbursements from the person's security. The department of revenue may not pay interest on any security deposit.

AB150-ASA,1521,23 (b) The security required under par. (a) may be a surety bond furnished to the department of revenue and payable to this state. The department of revenue shall prescribe the form and contents of the bond.

AB150-ASA,1522,8 (c) The surety of a bond under par. (b) may conditionally cancel the bond by filing written notice with the person who is liable for the fee under sub. (1) and with the department of revenue. A surety who files that notice is not discharged from any liability that has accrued or from any liability that accrues within 60 days after the filing. If the person who is liable for the fee under sub. (1) does not, within 60 days after receiving the notice, file with the department of revenue a new bond that is satisfactory to that department, that department shall revoke the person's license under sub. (7) or s. 78.09. If the person furnishes a new bond, the department of revenue shall cancel and surrender the old bond when it is satisfied that all liability under the old bond has been discharged.

AB150-ASA,1522,13 (d) If the liability on the bond is discharged or reduced or if the department of revenue determines that the bond is insufficient, that department shall require additional surety or new bonds. If any person who is liable for the fee under sub. (1) fails to file that additional bond within 5 days after the department of revenue provides written notice, that person's license under sub. (7) or s. 78.09 is revoked.

AB150-ASA,1522,16 (e) Suspension, revocation or cancellation of a license under sub. (7) or s. 78.09, partial recovery on the bond or execution of a new bond does not affect the validity of a bond under this subsection.

AB150-ASA, s. 4491 Section 4491. 168.12 (9) of the statutes is created to read:

AB150-ASA,1522,19 168.12 (9) Sections 78.65 to 78.74 and 78.79 to 78.81 as they apply to the taxes under ch. 78 apply to the fee under sub. (1).

AB150-ASA, s. 4492 Section 4492. 168.125 of the statutes is created to read:

AB150-ASA,1522,25 168.125 Reports; payment. Persons who are liable for the fee under this chapter shall state the number of gallons of petroleum products on which the fee is due and the amount of their liability for the fee in the reports under s. 78.12 (1) to (3). The requirements for payment of the motor vehicle fuel tax under s. 78.12 (5) apply to the fee under this chapter.

AB150-ASA, s. 4493 Section 4493. 168.13 of the statutes is amended to read:

AB150-ASA,1523,10 168.13 Required records. Every person receiving petroleum products in this state shall keep books and records of all petroleum products so received, together with bills of lading, waybills and other pertinent documents. Such books and records and other papers and documents shall, at all times during business hours of the day, be subject to inspection by the department and its inspectors, and are subject to inspection by the department of revenue in regard to the fee under s. 168.12 (1). Such books, records and other papers and documents shall be preserved for not less than 3 4 years, unless the department, in writing, authorizes their destruction or disposal at an earlier date.

AB150-ASA, s. 4494 Section 4494. 168.15 of the statutes is amended to read:

AB150-ASA,1523,15 168.15 Penalty. Every person who violates any provision of this chapter that is not related to the fee under s. 168.12 (1) shall forfeit not less than $10 nor more than $100 for each violation. Each day a person fails to comply with any provision of this chapter is a separate violation.

AB150-ASA, s. 4495 Section 4495. 168.17 of the statutes is amended to read:

AB150-ASA,1523,20 168.17 Attorney general and district attorney to prosecute. Upon request of the department, the attorney general or proper district attorney shall prosecute any action to enforce this chapter except the fee that is imposed under s. 168.12 (1).

AB150-ASA, s. 4496 Section 4496. 175.45 (9) of the statutes is amended to read:

AB150-ASA,1523,24 175.45 (9) Cooperation. The departments of corrections, and health and social services and industry, labor and human relations shall cooperate with the department of justice in obtaining information under this section.

AB150-ASA, s. 4497 Section 4497. 177.30 (2) of the statutes is amended to read:

AB150-ASA,1524,7 177.30 (2) The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with this chapter. The administrator may designate the commissioner division of banking or other appropriate regulatory authority to examine the records of regulated institutions to determine if the institutions have complied with this chapter. The administrator may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this chapter.

AB150-ASA, s. 4583 Section 4583. 180.0504 (3) of the statutes is renumbered 180.0504 (3) (a) and amended to read:

AB150-ASA,1524,14 180.0504 (3) (a) If Except as provided in par. (b), if the address of the corporation's principal office cannot be determined from the records of the secretary of state, the corporation may be served by publishing a class 3 notice, under ch. 985, in the community where the corporation's principal office or registered office, as most recently designated in the records of the secretary of state, is located.

AB150-ASA, s. 4585 Section 4585. 180.0504 (3) (b) of the statutes is created to read:

AB150-ASA,1524,20 180.0504 (3) (b) If a process, notice or demand is served by the secretary of state on a corporation under s. 180.1421 and the address of the corporation's principal office cannot be determined from the records of the secretary of state, the corporation may be served by publishing a class 2 notice, under ch. 985, in the official state newspaper.

AB150-ASA, s. 4634 Section 4634. 180.1510 (4) (b) of the statutes is renumbered 180.1510 (4) (b) 1. and amended to read:

AB150-ASA,1525,3 180.1510 (4) (b) 1. If Except as provided in subd. 2., if the address of the foreign corporation's principal office cannot be determined from the records of the secretary of state, the foreign corporation may be served by publishing a class 3 notice, under ch. 985, in the community where the foreign corporation's principal office or registered office, as most recently designated in the records of the secretary of state, is located.

AB150-ASA, s. 4636 Section 4636. 180.1510 (4) (b) 2. of the statutes is created to read:

AB150-ASA,1525,9 180.1510 (4) (b) 2. If a process, notice or demand is served by the secretary of state on a foreign corporation under s. 180.1531 and the address of the foreign corporation's principal office cannot be determined from the records of the secretary of state, the foreign corporation may be served by publishing a class 2 notice, under ch. 985, in the official state newspaper.

AB150-ASA, s. 4705m Section 4705m. 181.64 of the statutes is amended to read:

AB150-ASA,1525,19 181.64 Deposits with state treasury. Upon the voluntary, involuntary or administrative dissolution of a corporation, the portion of the assets distributable to a creditor or member who is unknown or cannot be found, or who is under disability and there is no person legally competent to receive such distributive portion, may be reduced to cash and deposited with the state treasury of this state secretary of administration and shall be paid over without interest to such creditor or member or to the creditor's or member's legal representative, upon proof satisfactory to the state treasurer secretary of administration of the creditor's or member's right thereto.

AB150-ASA, s. 4748 Section 4748. 183.0105 (2) (c) of the statutes is created to read:

AB150-ASA,1525,24 183.0105 (2) (c) In the case of a foreign limited liability company, including the name of its registered agent and the street address of its registered office, as changed, in its annual report under s. 183.0120. A change under this paragraph is effective on the date the annual report is filed by the office of the secretary of state.

AB150-ASA, s. 4766 Section 4766. 183.0109 (1) (a) 4. of the statutes is created to read:

AB150-ASA,1526,2 183.0109 (1) (a) 4. A foreign limited liability company's annual report under s. 183.0120.

AB150-ASA, s. 4767 Section 4767 . 183.0109 (1) (b) of the statutes is amended to read:

AB150-ASA,1526,6 183.0109 (1) (b) The forms prescribed by the secretary of state under par. (a) 1. to 3. 4. shall require disclosure of only the information required under ss. 183.1004, 183.1006 and, 183.1011 and 183.0120, respectively.

AB150-ASA, s. 4778 Section 4778 . 183.0111 (1) (a) (intro.) of the statutes is amended to read:

AB150-ASA,1526,11 183.0111 (1) (a) (intro.) Except as provided in sub. (2) and ss. 183.0105 (7), 183.0112 (3), 183.0120 (5) and 183.1009 (3), a document filed by the secretary of state under this chapter is effective on the date that it is received by the office of the secretary of state for filing and at any of the following times on that date:

AB150-ASA, s. 4784 Section 4784. 183.0113 (2) (b) 1m. of the statutes is created to read:

AB150-ASA,1526,15 183.0113 (2) (b) 1m. In the case of a foreign limited liability company, the foreign limited liability company has, during its most recently completed report year, filed with the secretary of state an annual report required by s. 183.0120.

AB150-ASA, s. 4786 Section 4786. 183.0113 (2) (b) 4. of the statutes is created to read:

AB150-ASA,1526,18 183.0113 (2) (b) 4. The foreign limited liability company is not the subject of a proceeding to revoke its certificate of registration under s. 183.1021.

AB150-ASA, s. 4791m Section 4791m. 183.0114 (1) (a) of the statutes is amended to read:

AB150-ASA,1526,20 183.0114 (1) (a) Articles of organization, $90 $130.

AB150-ASA, s. 4793 Section 4793. 183.0114 (1) (w) of the statutes is created to read:

AB150-ASA,1526,22 183.0114 (1) (w) Annual report of a foreign limited liability company, $50.

AB150-ASA, s. 4796 Section 4796. 183.0114 (2) (c) of the statutes is created to read:

AB150-ASA,1526,25 183.0114 (2) (c) Filing a certificate of revocation of registration to transact business.

AB150-ASA, s. 4797 Section 4797. 183.0120 of the statutes is created to read:

AB150-ASA,1527,5 183.0120 Annual report for foreign limited liability companies. (1) Each foreign limited liability company registered to transact business in this state shall file with the secretary of state an annual report that includes all of the following information:

AB150-ASA,1527,7 (a) The name of the foreign limited liability company and the state or country under whose law it is organized.

AB150-ASA,1527,9 (b) The address of the foreign limited liability company's registered office and the name of its registered agent at that office in this state.

AB150-ASA,1527,10 (c) The address of the foreign limited liability company's principal office.

AB150-ASA,1527,12 (d) If management of the foreign limited liability company is vested in one or more managers, the name and business address of each manager.

AB150-ASA,1527,14 (e) The name and business address of each member of the foreign limited liability company.

AB150-ASA,1527,16 (f) A brief description of the nature of the foreign limited liability company's business.

AB150-ASA,1527,21 (2) Information in the annual report shall be current as of the date on which the annual report is executed on behalf of a foreign limited liability company, except that the information required by sub. (1) (e) shall be current as of the close of the foreign limited liability company's fiscal year immediately before the date by which the annual report is required to be delivered to the secretary of state.

AB150-ASA,1527,25 (3) A foreign limited liability company registered to transact business in this state shall deliver its annual report to the secretary of state during the first calendar quarter of each year following the calendar year in which the foreign limited liability company becomes registered to transact business in this state.

AB150-ASA,1528,3 (4) If an annual report does not contain the information required by this section, the secretary of state shall promptly notify the reporting foreign limited liability company in writing and return the report to it for correction.

AB150-ASA,1528,5 (5) An annual report is effective on the date that it is filed by the office of the secretary of state.

AB150-ASA, s. 4821 Section 4821. 183.1010 (4) (b) of the statutes is renumbered 183.1010 (4) (b) 1. and amended to read:

AB150-ASA,1528,13 183.1010 (4) (b) 1. If Except as provided in subd. 2., if the address of the foreign limited liability company's principal office cannot be determined from the records of the secretary of state, the foreign limited liability company may be served by publishing a class 3 notice, under ch. 985, in the community where the foreign limited liability company's principal office or, if not in this state, its registered office, as most recently designated in the records of the secretary of state, is located.

AB150-ASA, s. 4823 Section 4823. 183.1010 (4) (b) 2. of the statutes is created to read:

AB150-ASA,1528,19 183.1010 (4) (b) 2. If a process, notice or demand is served by the secretary of state on a foreign limited liability company under s. 183.1021 and the address of the foreign limited liability company's principal office cannot be determined from the records of the secretary of state, the foreign limited liability company may be served by publishing a class 2 notice, under ch. 985, in the official state newspaper.

AB150-ASA, s. 4828 Section 4828. 183.1020 of the statutes is created to read:

AB150-ASA,1528,24 183.1020 Grounds for revocation. (1) Except as provided in sub. (2), the secretary of state may bring a proceeding under s. 183.1021 to revoke the certificate of registration of a foreign limited liability company registered to transact business in this state if any of the following applies:

AB150-ASA,1529,2 (a) The foreign limited liability company fails to file its annual report with the secretary of state within 4 months after it is due.

AB150-ASA,1529,4 (b) The foreign limited liability company does not pay, within 4 months after they are due, any fees or penalties due the secretary of state under this chapter.

AB150-ASA,1529,6 (c) The foreign limited liability company is without a registered agent or registered office in this state for at least 6 months.

AB150-ASA,1529,10 (d) The foreign limited liability company does not inform the secretary of state under s. 183.1008 or 183.1009 that its registered agent or registered office has changed, that its registered agent has resigned or that its registered office has been discontinued, within 6 months of the change, resignation or discontinuance.

AB150-ASA,1529,12 (e) The foreign limited liability company obtained its certificate of registration through fraud.

AB150-ASA,1529,17 (f) The secretary of state receives an authenticated certificate from the secretary of state or other official having custody of limited liability company records in the state or country under whose law the foreign limited liability company is incorporated stating that it has been dissolved or disappeared as the result of a merger.

AB150-ASA,1529,22 (2) If the secretary of state receives a certificate under sub. (1) (f) and a statement by the foreign limited liability company that the certificate is submitted by the foreign limited liability company to terminate its registration to transact business in this state, the secretary of state shall issue a certificate of revocation under s. 183.1021 (2) (b).

AB150-ASA,1530,2 (3) A court may revoke under s. 946.87 the certificate of registration of a foreign limited liability company registered to transact business in this state. The court shall notify the secretary of state of the action, and the secretary of state shall issue a certificate of revocation under s. 183.1021 (2) (b).

AB150-ASA, s. 4830 Section 4830. 183.1021 of the statutes is created to read:

AB150-ASA,1530,7 183.1021 Procedure for and effect of revocation. (1) If the secretary of state determines that one or more grounds exist under s. 183.1020 (1) for revocation of a certificate of registration, the secretary of state shall serve the foreign limited liability company under s. 183.1010 with written notice of the determination.

AB150-ASA,1530,11 (2) (a) Within 60 days after service of the notice is perfected under s. 183.1010, the foreign limited liability company shall correct each ground for revocation or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist.