AB150-engrossed,1575,14
1168.10 Access to records. Every agent or employe of any railroad company
2or other transportation company and every person transporting gasoline,
3gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum
4distillates, having the custody of books or records showing the shipment or receipt
5of gasoline, gasoline-alcohol fuel blends, kerosene, or other refined oils, fuel oils and
6petroleum distillates shall give and permit the department and the inspectors
; and,
7in regard to the fee under s. 168.12 (1), shall give and permit the department of
8revenue; free access to such books and records for the purpose of determining the
9amount of petroleum products shipped and received. All clerks, bookkeepers,
10express agents, railroad agents or officials, employes, or common carriers, or other
11persons shall
render provide the department and the inspectors
; and, in regard to the
12fee under s. 168.12 (1), shall provide the department of revenue; all information in
13their possession when so requested in tracing, finding, sampling and inspecting such
14shipments.
AB150-engrossed,1575,1816
168.11
(2) (d) Containers of 275 gallons capacity or more. This provision does
17not exempt such containers from the identification requirements
under ch. Ind 8,
18Wis. adm. code specified in rules promulgated by the department.
AB150-engrossed,1575,2420
168.12
(1) Except as provided in subs. (1g) and (1r), there is imposed a
21petroleum inspection fee at the rate of 3 cents per gallon on all petroleum products
22that are received, as defined in s. 78.07, by a supplier, as defined in s. 78.005 (14), for
23sale in this state or for sale for export to this state. The fee shall be paid under s.
24168.125 and shall be based on the number of gallons reported under s. 168.125.
AB150-engrossed,1576,4
1168.12
(1g) The fee under sub. (1) is not imposed on petroleum products that
2are shipped from storage at a refinery, marine terminal, pipeline terminal, pipeline
3tank farm or place of manufacture to a person for storage at another refinery, marine
4terminal, pipeline terminal, pipeline tank farm or place of manufacture.
AB150-engrossed,1576,76
168.12
(1r) The fee under sub. (1) is not imposed on petroleum products
7exported from this state by a person who is licensed under sub. (7) or s. 78.09.
AB150-engrossed,1576,1712
168.12
(5m) All oil inspection fees paid to the department of transportation
13under s. 341.45 (1g) (a) in excess of oil inspection fee credits or refunds under s.
14341.45 (2) shall be deposited in the petroleum inspection fund. All oil inspection fees
15credited or refunded by the department of transportation under s. 341.45 (2) in
16excess of oil inspection fees paid to the department of transportation under s. 341.45
17(1g) (a) shall be paid from the petroleum inspection fund.
AB150-engrossed,1577,220
168.12
(7) No person may ship petroleum products into this state unless that
21person either has a license under s. 78.09 or obtains a petroleum products shipper
22license from the department of revenue by filing with that department an application
23prescribed and furnished by that department and verified by the owner of the
24business if the owner is an individual, by a member if the owner is an unincorporated
1association, by a partner if the owner is a partnership or by the president and
2secretary if the owner is a corporation.
AB150-engrossed,1577,154
168.12
(8) (a) To protect the revenues of this state, the department of revenue
5may require any person who is liable to that department for the fee under sub. (1)
6to place with it security in the amount that that department determines. The
7department of revenue may increase or decrease the amount of the security, but that
8amount may not exceed 3 times the person's average monthly liability for the fee
9under sub. (1) as estimated by that department. If any person fails to provide that
10security, the department of revenue may refuse to issue a license under sub. (7) or
11s. 78.09 or may revoke the person's license under sub. (7) or s. 78.09. If any taxpayer
12is delinquent in the payment of the fee under sub. (1), the department of revenue
13may, upon 10 days' notice, recover the fee, interest, penalties, costs and
14disbursements from the person's security. The department of revenue may not pay
15interest on any security deposit.
AB150-engrossed,1577,1816
(b) The security required under par. (a) may be a surety bond furnished to the
17department of revenue and payable to this state. The department of revenue shall
18prescribe the form and contents of the bond.
AB150-engrossed,1578,319
(c) The surety of a bond under par. (b) may conditionally cancel the bond by
20filing written notice with the person who is liable for the fee under sub. (1) and with
21the department of revenue. A surety who files that notice is not discharged from any
22liability that has accrued or from any liability that accrues within 60 days after the
23filing. If the person who is liable for the fee under sub. (1) does not, within 60 days
24after receiving the notice, file with the department of revenue a new bond that is
25satisfactory to that department, that department shall revoke the person's license
1under sub. (7) or s. 78.09. If the person furnishes a new bond, the department of
2revenue shall cancel and surrender the old bond when it is satisfied that all liability
3under the old bond has been discharged.
AB150-engrossed,1578,84
(d) If the liability on the bond is discharged or reduced or if the department of
5revenue determines that the bond is insufficient, that department shall require
6additional surety or new bonds. If any person who is liable for the fee under sub. (1)
7fails to file that additional bond within 5 days after the department of revenue
8provides written notice, that person's license under sub. (7) or s. 78.09 is revoked.
AB150-engrossed,1578,119
(e) Suspension, revocation or cancellation of a license under sub. (7) or s. 78.09,
10partial recovery on the bond or execution of a new bond does not affect the validity
11of a bond under this subsection.
AB150-engrossed,1578,1413
168.12
(9) Sections 78.65 to 78.74 and 78.79 to 78.81 as they apply to the taxes
14under ch. 78 apply to the fee under sub. (1).
AB150-engrossed,1578,20
16168.125 Reports; payment. Persons who are liable for the fee under this
17chapter shall state the number of gallons of petroleum products on which the fee is
18due and the amount of their liability for the fee in the reports under s. 78.12 (1) to
19(3). The requirements for payment of the motor vehicle fuel tax under s. 78.12 (5)
20apply to the fee under this chapter.
AB150-engrossed,1579,5
22168.13 Required records. Every person receiving petroleum products in this
23state shall keep books and records of all petroleum products so received, together
24with bills of lading, waybills and other pertinent documents. Such books and records
25and other papers and documents shall, at all times during business hours of the day,
1be subject to inspection by the department and its inspectors
, and are subject to
2inspection by the department of revenue in regard to the fee under s. 168.12 (1). Such
3books, records and other papers and documents shall be preserved for not less than
43 4 years, unless the department, in writing, authorizes their destruction or disposal
5at an earlier date.
AB150-engrossed,1579,10
7168.15 Penalty. Every person who violates any provision of this chapter
that
8is not related to the fee under s. 168.12 (1) shall forfeit not less than $10 nor more
9than $100 for each violation. Each day a person fails to comply with any provision
10of this chapter is a separate violation.
AB150-engrossed,1579,15
12168.17 Attorney general and district attorney to prosecute. Upon
13request of the department, the attorney general or proper district attorney shall
14prosecute any action to enforce this chapter
except the fee that is imposed under s.
15168.12 (1).
AB150-engrossed,1579,1917
175.45
(9) Cooperation. The departments of corrections,
and health and social
18services
and industry, labor and human relations shall cooperate with the
19department of justice in obtaining information under this section.
AB150-engrossed,1580,2
21177.13 Property held by courts and public agencies. Except as provided
22in ss. 40.08 (8),
800.095 (7m), 852.01 (3), 863.37 (2) and 863.39, intangible property
23held for the owner by a court, state or other government, governmental subdivision
24or agency, public corporation or public authority that remains unclaimed by the
1owner for more than one year after it became payable or distributable is presumed
2abandoned.
AB150-engrossed,1580,104
177.30
(2) The administrator, at reasonable times and upon reasonable notice,
5may examine the records of any person to determine whether the person has
6complied with this chapter. The administrator may designate the
commissioner 7division of banking or other appropriate regulatory authority to examine the records
8of regulated institutions to determine if the institutions have complied with this
9chapter. The administrator may conduct the examination even if the person believes
10it is not in possession of any property reportable or deliverable under this chapter.
AB150-engrossed,1580,1212
179.01
(2m) "Department" means the department of financial institutions.
AB150-engrossed,1581,414
179.03
(2) The reservation shall be made by filing with the
secretary of state 15department an application executed by the applicant to reserve a specified name
16together with a fee of $10, or making a telephone application to reserve a specified
17name. The fee for a telephone application to reserve a specified name for 60 days is
18$20. If the
secretary of state department finds that the name is available for use by
19a domestic limited partnership or foreign limited partnership, the
secretary of state 20department shall reserve the name for the exclusive use of the applicant for a period
21of 60 days. The
secretary of state department shall cancel the telephone application
22to reserve a specified name if the
secretary of state
department does not receive the
23proper fee within 15 business days after the application. Once having reserved a
24name, the same applicant may not again reserve the same name until more than 60
25days after the expiration of the last 60-day period for which that applicant reserved
1that name. The right to the exclusive use of a reserved name may be transferred to
2any other person by filing
in the office of the secretary of state with the department,
3together with a fee of $10, a notice of the transfer executed by the applicant for whom
4the name was reserved and specifying the name and address of the transferee.
AB150-engrossed,1581,116
179.04
(2) If a limited partnership fails to maintain an agent for service of
7process in this state or if the agent cannot with reasonable diligence be found,
8substituted service may be made on the
secretary of state department by delivering
9duplicate copies of the process, together with a fee of $10. The
secretary of state 10department shall forward one copy by registered mail, addressed to the limited
11partnership at its record office.
AB150-engrossed,1581,1613
179.11
(1) (intro.) To form a limited partnership, a certificate of limited
14partnership must be executed and filed
in the office of the secretary of state with the
15department. The certificate shall be filed together with a fee of $70 and shall contain
16all of the following information:
AB150-engrossed,1581,2118
179.11
(2) A limited partnership is formed at the time of the filing of the
19certificate of limited partnership
in the office of the secretary of state with the
20department or at any later time specified in the certificate of limited partnership, if
21there has been substantial compliance with this section.
AB150-engrossed,1581,2523
179.12
(1) (intro.) A certificate of limited partnership is amended by filing a
24certificate of amendment
in the office of the secretary of state with the department,
25together with a fee of $25. The certificate shall specify all of the following:
AB150-engrossed,1582,42
179.12
(6) Except as otherwise provided in this chapter or in the certificate of
3amendment, a certificate of amendment is effective on its filing in the
office of the
4secretary of state department.
AB150-engrossed,1582,11
6179.13 Cancellation of certificate. (intro.) A certificate of limited
7partnership shall be canceled upon the dissolution and the commencement of
8winding up of the limited partnership or at any other time that there are no limited
9partners. A certificate of cancellation shall be filed together with a fee of $10
in the
10office of the secretary of state with the department and shall specify all of the
11following:
AB150-engrossed,1582,1513
179.14
(1) (intro.) Each certificate required by this subchapter to be filed
in the
14office of the secretary of state with the department shall be executed in the following
15manner:
AB150-engrossed,1582,23
17179.15 Execution of certificate by court order. If a person required by s.
18179.14 to execute any certificate fails or refuses to do so, any other person who is
19adversely affected by the failure or refusal, may petition the circuit court to direct
20the execution of the certificate. If the court finds that it is proper for the certificate
21to be executed and that any person so designated has failed or refused to execute the
22certificate, it shall order the
secretary of state
department to record an appropriate
23certificate.
AB150-engrossed,1583,2
1179.16 (title)
Filing with the
secretary of state department of financial
2institutions.
AB150-engrossed,1583,104
179.16
(1) (intro.) Two signed copies of the certificate of limited partnership
5and of any certificates of amendment or cancellation or of any court order under s.
6179.15 shall be delivered to the
secretary of state
department. A person who executes
7a certificate as an officer, general partner or fiduciary need not exhibit evidence of
8his or her authority as a prerequisite to filing. Unless the document does not conform
9to law, upon receipt of all filing fees the
secretary of state department shall do all of
10the following:
AB150-engrossed,1583,1212
179.16
(1) (b) File one duplicate original in
his or her office the department.
AB150-engrossed,1583,1814
179.16
(2) Upon the filing of a certificate of amendment or court order of
15amendment in the
office of the secretary of state
department, the certificate of
16limited partnership shall be amended as set forth in the certificate or order, and upon
17the effective date of a certificate of cancellation or court order of cancellation, the
18certificate of limited partnership is canceled.
AB150-engrossed,1583,2120
179.16
(3) (a) (intro.) The
secretary of state department may waive any of the
21following:
AB150-engrossed,1583,2523
179.16
(3) (a) 2. An omission or defect in a document, if the
secretary of state 24department determines from the face of the document that the omission or defect is
25immaterial.
AB150-engrossed,1584,32
179.16
(4) (intro.) The
secretary of state department shall charge and collect
3for:
AB150-engrossed,1584,95
179.16
(5) The
secretary of state
department shall charge and collect, for
6processing a document required or permitted to be filed under this chapter in an
7expeditious manner, or preparing the information under sub. (4) in an expeditious
8manner, the expedited service fee under
s. 14.38 (9)
s. 182.01 (4) in addition to the
9fee required by other provisions of this chapter.
AB150-engrossed,1584,14
11179.18 Notice conferred by filing. The fact that a certificate of limited
12partnership is on file
in the office of the secretary of state with the department is
13notice that the partnership is a limited partnership and the persons designated as
14general partners are general partners, but it is not notice of any other fact.
AB150-engrossed,1584,2116
179.185
(1) A limited partnership may integrate into a single instrument the
17operative provisions of its certificate of limited partnership, as shown by the original
18certificate and amendments filed under this subchapter, and it may at the same time
19also further amend its certificate of limited partnership by adopting a restated
20certificate of limited partnership. The restated certificate shall be filed together with
21a fee of $25
in the office of the secretary of state
with the department.
AB150-engrossed,1585,223
179.185
(4) On filing the restated certificate with the
secretary of state 24department, the original certificate, as amended under this subchapter, is
25superseded. After its filing, the restated certificate is the certificate of limited
1partnership of the limited partnership, but the original effective date of formation
2shall remain unchanged.
AB150-engrossed,1585,8
4179.19 Delivery of certificates to limited partners. Upon the return by
5the
secretary of state department under s. 179.16 of a certificate marked "Filed", the
6general partners shall promptly deliver or mail a copy of the certificate of limited
7partnership and each certificate to each limited partner unless the partnership
8agreement provides otherwise.
AB150-engrossed,1585,1310
179.24
(1) (b) Withdraws from future equity participation in the enterprise by
11executing and filing
in the office of the secretary of state with the department,
12together with a $15 filing fee, a certificate declaring withdrawal under this
13paragraph.
AB150-engrossed,1585,19
15179.82 Registration. (intro.) Before transacting business in this state, a
16foreign limited partnership shall register with the
secretary of state department. A
17foreign limited partnership shall submit in duplicate, together with a filing fee of
18$75, an application for registration as a foreign limited partnership, signed and
19sworn to by a general partner and setting forth all of the following:
AB150-engrossed,1585,2421
179.82
(5) A statement that the
secretary of state department is appointed the
22agent of the foreign limited partnership for service of process under s. 179.88 if the
23agent's authority has been revoked or the agent cannot be found or served with the
24exercise of reasonable diligence.