144.266 (3) (a) 1. Except as restricted under subd. 2. and sub. (6), the department shall establish by rule minimum standards for activities related to construction site erosion control at sites where the construction activities do not include the construction of a building and to storm water management.
SECTION 4303j. 144.266 (3) (a) 2. of the statutes is amended to read:
144.266 (3) (a) 2. The department, in cooperation with the department of transportation, shall establish by rule minimum standards for activities related to construction site erosion control and storm water management if those activities concern street, highway, road or bridge construction, enlargement, relocation or reconstruction. The standards promulgated under this subdivision are subject to the limitations under sub. (6).
SECTION 4303m. 144.266 (6) of the statutes is created to read:
144.266 (6) EXEMPTION FOR CERTAIN HIGHWAY PROJECTS. Notwithstanding subs. (2) and (3), no state storm water management plan or standards relating to construction site erosion control applicable to the construction, rehabilitation or improvement of any existing highway may be more stringent than those required by federal law. In this subsection, "highway" has the meaning given in s. 340.01 (22).".
572.
Page 1467, line 24: after that line insert:
"SECTION 4320g. 144.449 (1) (am) of the statutes is created to read:
144.449 (1) (am) "Recovery activity" means a project designed to reduce the number or volume of waste tires, to recycle waste tires or to recover waste tires.
SECTION 4320h. 144.449 (3) (f) of the statutes is amended to read:
144.449 (3) (f) A site where a recovery activity, as defined in s. 159.17 (1) (a), is carried on if no more than a 6-month inventory of tires is kept on the site.".
****NOTE: Required by the repeal of s. 159.17 by this technical amendment.
573.
Page 1467, line 24: after that line insert:
"SECTION 4319h. 144.44 (7) (em) of the statutes is created to read:
144.44 (7) (em) Exemption from licensing, agricultural use of wood ash. No license is required under this section for the agricultural use of wood ash.".
574.
Page 1467, line 24: after that line insert:
"SECTION 4319m. 144.442 (9) (b) 3. of the statutes is created to read:
144.442 (9) (b) 3. This subsection does not apply to the release or discharge of high-volume industrial waste used in a highway improvement project under s. 84.078.
SECTION 4319t. 144.449 (1) (c) of the statutes is amended to read:
144.449 (1) (c) "Waste tire" has the meaning given under s. 84.078 (1) (b) means a tire that is no longer suitable for its original purpose because of wear, damage or defect.".
575.
Page 1470, line 2: after that line insert:
"SECTION 4330m. 144.76 (9) (f) of the statutes is created to read:
144.76 (9) (f) Any person discharging high-volume industrial waste used in a highway improvement project under s. 84.078 is exempted from the penalty requirements of this section.".
576.
Page 1475, line 15: delete the material beginning with that line and ending with page 1476, line 2.
577.
Page 1477, line 18: on lines 18 and 21, substitute "73.255" for "49.855".
578.
Page 1480, line 7: after that line insert:
"SECTION 4380m. 147.021 (9) of the statutes is created to read:
147.021 (9) EXEMPTION FOR CERTAIN HIGHWAY PROJECTS. Notwithstanding sub. (8), no requirement under this section relating to a discharge of storm water applicable to the construction, rehabilitation or improvement of any highway may be more stringent than required under federal law. In this subsection, "highway" has the meaning given in s. 340.01 (22).".
579.
Page 1483, line 23: delete the material beginning with that line and ending with page 1484, line 2.
580.
Page 1484, line 11: after that line insert:
"SECTION 4396b. 157.062 (1) of the statutes is amended to read:
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.
SECTION 4397b. 157.062 (2) of the statutes is amended to read:
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.
SECTION 4398b. 157.062 (6) (b) of the statutes is amended to read:
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.
SECTION 4399b. 157.062 (6m) of the statutes is amended to read:
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).
SECTION 4400b. 157.062 (9) of the statutes is amended to read:
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.
SECTION 4401b. 157.064 (7) of the statutes is amended to read:
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.".
581.
Page 1484, line 14: after that line insert:
"SECTION 4403b. 157.62 (1) (a) (intro.) of the statutes is amended to read:
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:
SECTION 4404b. 157.62 (1) (c) of the statutes is amended to read:
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.".
582.
Page 1485, line 11: after that line insert:
"SECTION 4408m. 159.07 (3) (j) of the statutes is amended to read:
159.07 (3) (j) A waste tire, as defined in s. 84.078 (1) (b) 144.449 (1) (c).
SECTION 4410m. 159.17 (1) (d) of the statutes is amended to read:
159.17 (1) (d) "Waste tire" has the meaning given under s. 84.078 (1) (b) 144.449 (1) (c).".
583.
Page 1485, line 12: delete lines 12 to 15 and substitute:
"SECTION 4415c. 159.17 of the statutes is repealed.".
****NOTE: Per Kendra Bonderud, s. 159.17 should have been repealed in the substitute amendment.
584.
Page 1490, line 14: after that line insert:
"SECTION 4441c. 160.255 of the statutes is created to read:
160.255 Exceptions for private sewage systems. (1) In this section, "private sewage system" has the meaning given in s. 145.01 (12).
(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.
(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.
(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.
(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.".
585.
Page 1490, line 15: delete lines 15 to 23.
586.
Page 1492, line 17: delete the material beginning with that line and ending with page 1494, line 12 and substitute:
"SECTION 4450. 165.07 of the statutes is repealed.
SECTION 4451. 165.075 of the statutes is repealed.".
587.
Page 1500, line 16: delete the material beginning with that line and ending with page 1501, line 9.
588.
Page 1501, line 21: after that line insert:
"SECTION 4462m. 166.20 (7g) of the statutes is repealed.".
589.
Page 1504, line 7: delete lines 7 to 20.
590.
Page 1507, line 1: after that line insert:
"SECTION 4487m. 168.12 (5m) of the statutes is created to read:
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.".
591.
Page 1510, line 4: after that line insert:
"SECTION 4496t. 177.13 of the statutes is amended to read:
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.".
592.
Page 1510, line 12: after that line insert:
"SECTION 4498b. 179.01 (2m) of the statutes is created to read:
179.01 (2m) "Department" means the department of financial institutions.
SECTION 4499b. 179.03 (2) of the statutes is amended to read:
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.
SECTION 4500b. 179.04 (2) of the statutes is amended to read:
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.
SECTION 5401b. 179.11 (1) (intro.) of the statutes is amended to read:
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:
SECTION 5402b. 179.11 (2) of the statutes is amended to read:
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.
SECTION 5403b. 179.12 (1) (intro.) of the statutes is amended to read:
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:
SECTION 5404b. 179.12 (6) of the statutes is amended to read:
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.
SECTION 5405b. 179.13 (intro.) of the statutes is amended to read: