AB100-engrossed,1599,422
168.11
(1) (b) 2. A device that dispenses, for sale at retail, a reformulated
23gasoline, as defined in s. 285.37 (1), that contains an oxygenate other than ethanol
24shall be marked or labeled with the identity of the oxygenate at all times when the
25product is offered for sale. The label
shall identify the oxygenate as "methyl tertiary
1butyl ether (MTBE)" or "ethyl tertiary butyl ether (ETBE)" or, if the reformulated
2gasoline contains another oxygenate or a combination of oxygenates, the label shall
3identify the oxygenate or oxygenates in the manner specified by the department by
4rule.
AB100-engrossed,1599,136
168.12
(1) Except as provided in subs. (1g) and (1r), there is imposed a
7petroleum inspection fee at the rate of 3 cents per gallon on all petroleum products
8that are received
, as defined in s. 78.07, by a supplier
, as defined in s. 78.005 (14), for
9sale in this state or for sale for export to this state.
The department of revenue shall
10determine when a petroleum product is received under this subsection in the same
11manner that it determines under s. 78.07 when motor vehicle fuel is received. The
12fee shall be paid under s. 168.125 and shall be based on the number of gallons
13reported under s. 168.125.
AB100-engrossed,1599,1915
168.12
(6) (a) Any person who purchases in this state general aviation fuel, as
16defined in s. 78.55 (3), from a supplier is eligible for an allowance of 2 cents for each
17gallon of general aviation fuel purchased in excess of 1,000,000 gallons per month.
18A person who purchases general aviation fuel for resale is not eligible for the
19allowance.
AB100-engrossed,1599,2320
(b) To receive an allowance, an eligible purchaser under par. (a) shall complete
21a claim upon a form that the department of revenue prescribes and furnishes and file
22the claim with the department of revenue not later than 12 months after the date of
23purchase of the general aviation fuel.
AB100-engrossed,1600,824
(c) The department of revenue shall investigate the correctness and veracity
25of the representations in the claim and may require a claimant to submit records to
1substantiate the claim. The department of revenue shall either allow or deny a claim
2under this subsection not later than 60 days after the filing of the claim. If the
3department of revenue allows the claim, it shall pay the claimant the amount allowed
4from the moneys appropriated under s. 20.855 (4) (r). If the department of revenue
5does not pay the allowance by the 90th day after the date on which the purchaser files
6the claim, the department of revenue shall also pay interest on the unpaid claim
7beginning on that day, at the rate of 9% per year, from the moneys appropriated
8under s. 20.855 (4) (r).
AB100-engrossed,1600,109
(d) If a purchaser negligently files a claim under this subsection that is
10inaccurate in whole or in part, the department of revenue shall:
AB100-engrossed,1600,1211
1. If the department of revenue has not paid the claim but has allowed a portion
12of the claim, reduce the allowance by 25%.
AB100-engrossed,1600,1813
2. If the department of revenue has paid the claim, require the purchaser to
14refund to the department of revenue that portion of the amount paid under par. (c)
15to which the purchaser is not entitled and impose a penalty on the purchaser equal
16to 25% of the allowance, plus interest on the sum of the unpaid penalty and the
17amount required to be refunded, accruing from the date that the penalty is imposed,
18at the rate of 12% per year.
AB100-engrossed,1600,2019
(e) If a purchaser files a fraudulent claim under this subsection, the
20department of revenue shall:
AB100-engrossed,1600,2421
1. If the claim has not been paid and the department of revenue allows no
22portion of the claim, impose a penalty on the purchaser equal to 50% of the amount
23claimed by the purchaser, plus interest on the unpaid penalty, accruing from the date
24that the penalty is imposed, at the rate of 12% per year.
AB100-engrossed,1601,2
12. If the claim has not been paid and the department of revenue allows a portion
2of the claim, reduce the allowance by 50%.
AB100-engrossed,1601,83
3. If the claim has been paid, require the purchaser to refund to the department
4of revenue that portion of the amount paid under par. (c) that the department of
5revenue determines was fraudulently obtained and impose a penalty on the
6purchaser equal to 50% of the amount claimed by the purchaser, plus interest on the
7sum of the unpaid penalty and the amount required to be refunded, accruing from
8the date that the penalty is imposed, at the rate of 12% per year.
AB100-engrossed,1601,109
(f) Any person who knowingly signs or verifies a fraudulent claim under par.
10(e) may be fined not more than $500 or imprisoned for not more than 30 days or both.
AB100-engrossed,1601,1411
(g) Any person who knowingly aids, abets or assists another in making a
12fraudulent claim under par. (e) or in signing or verifying a fraudulent claim under
13par. (f) may be fined not more than $500 or imprisoned for not more than 30 days or
14both.
AB100-engrossed,1601,1915
(h) With respect to imposing a penalty and requiring a refund under par. (d),
16the department of revenue shall give notice to the purchaser within 4 years after the
17date that the claim was filed. The department of revenue may impose a penalty and
18require a refund under par. (e) when the department of revenue discovers the fraud
19committed.
AB100-engrossed,1602,321
168.12
(7) No person may ship petroleum products into this state unless that
22person
has a valid certificate under s. 73.03 (50) and either has a license under s.
2378.09 or obtains a petroleum products shipper license from the department of
24revenue by filing with that department an application prescribed and furnished by
25that department and verified by the owner of the business if the owner is an
1individual, by a member if the owner is an unincorporated association, by a partner
2if the owner is a partnership or by the president and secretary if the owner is a
3corporation.
AB100-engrossed,1602,95
170.12
(1) (b) "Log" means a portion of the trunk of a felled tree which has not
6been further processed for any end use
, including any portion of a trunk of a tree
7previously used in substantially its natural state as part of a dock or crib but that
8is no longer part of a dock, a crib or any discernible structure, or is part of the debris
9field of a dock or crib.
AB100-engrossed,1602,1711
170.12
(3) (title)
Application to remove sunken logs in Lake Michigan or
12Lake Superior. (intro.) A person wishing to raise and remove logs
in Lake Michigan
13or Lake Superior that are resting on submerged lands owned by the state shall make
14application to the board for a permit to do so.
Unless the applicant has received a
15permit under this section prior to the effective date of this subsection .... [revisor
16inserts date], the applicant shall include with the application a performance bond in
17the amount of at least $10,000. The application shall do all of the following:
AB100-engrossed,1602,2119
170.12
(3) (d) Describe, in detail, the applicant's plans for the use and
20disposition of any logs raised
, including any information necessary for or related to
21sub. (5).
AB100-engrossed,1602,2523
170.12
(3) (dm) If the applicant was not engaged in commercial log raising prior
24to the date of application, include a business plan approved by the department of
25commerce under s. 560.03 (23).
AB100-engrossed,1603,22
170.12
(3) (g) Be accompanied by a
$50
$500 application fee.
AB100-engrossed, s. 3124
3Section
3124. 170.12 (5) (intro.) of the statutes is renumbered 170.12 (5) and
4amended to read:
AB100-engrossed,1603,115
170.12
(5) (title)
Reservation of value; offset. The state reserves to itself
30% 620% of the appraised market value of any log raised pursuant to a permit issued
7under this section.
Any applicant may, as part of the application under sub. (3),
8propose projects for the use of logs raised, and for the use of proceeds from logs raised
9and sold, as an offset to the state's share of the value of any logs raised. Any project
10proposed as the basis for an offset shall have demonstrated potential to do 2 or more
11of the following:
AB100-engrossed,1603,1714
170.12
(6) Permit. (intro.) Within 60 days after receipt of an application under
15sub. (3), the board shall either approve, modify and approve or deny the application
16for a permit. A permit issued under this subsection shall be effective for
a specified
17period, not to exceed one year, 5 years and shall specify all of the following:
AB100-engrossed,1603,2319
170.12
(6) (a) The boundaries of the location where sunken logs may be raised
20pursuant to the permit.
The area covered by the permit shall be contiguous and may
21not exceed 160 acres. A permit may not cover submerged lands that are not
22contained within Lake Michigan or Lake Superior. No location may be covered by
23more than one permit under this section.
AB100-engrossed,1604,4
1170.12
(6) (dm) That the applicant shall implement procedures to determine
2whether a raised log bears an American Indian tribal mark or brand, to identify the
3tribal mark or brand, and to track the value realized from the sale of logs separately
4for logs that bear a particular tribal mark or brand.
AB100-engrossed,1604,96
170.12
(6) (e) The procedure and times when the permit holder shall tender to
7the board, on behalf of the state,
any amounts due the state for its net share of the
8value of any logs raised.
The amounts due the state for its net share of the value of
9logs described under par. (dm) shall be separately identified by tribal mark or brand.
AB100-engrossed,1604,1211
170.12
(6) (g) Any requirements
imposed recommended under s. 44.47 (5r) (b)
12that the board determines should be a condition of the permit.
AB100-engrossed,1605,314
170.12
(7) Permit renewal. If a permit holder wishes to renew a permit issued
15under this section, the permit holder shall submit a request for renewal, together
16with a $500 renewal fee, to the board at least 30 days before the expiration date of
17the permit. The board shall renew the permit for a 5-year period unless the board
18determines, after notice to the permit holder and an opportunity for the permit
19holder to be heard, that the permit holder has knowingly or wilfully violated the
20terms, conditions or requirements of the permit; this section; s. 44.47; or rules
21promulgated under this section or s. 44.47. If the board determines that there are
22environmental or archaeological facts affecting the location specified in the permit
23that were unknown at the time that the original permit was granted, the board may
24attach additional conditions or restrictions to the permit. If the board determines
25that the permit holder has knowingly or wilfully violated the terms, conditions or
1requirements of the permit or a provision under this section or s. 44.47, the board
2may deny the renewal or may attach conditions or restrictions to the renewal
3necessary to ensure compliance with the requirements of the original permit.
AB100-engrossed,1605,65
170.12
(8m) Duties of permit holders. (a) A holder of a permit issued under
6this section shall do all of the following:
AB100-engrossed,1605,107
1. At the written request of the historical society, provide directly to the
8historical society a representative sample of company logging marks by sawing off
9the ends of the logs bearing the marks and by delivering them to the historical
10society.
AB100-engrossed,1605,1211
2. Allow a historical society designee to observe log recovery activities under
12the permit.
AB100-engrossed,1605,1413
(b) A person may not do any of the following while engaging in log recovery
14activities pursuant to a permit issued under this section:
AB100-engrossed,1605,1515
1. Remove any object, as defined in s. 44.47 (1) (f).
AB100-engrossed,1605,1616
2. Disturb any discernible archaeological site, as defined in s. 44.47 (1) (b).
AB100-engrossed,1605,1717
3. Disturb any crib or dock.
AB100-engrossed,1605,2519
170.12
(9) Transfer of title. At such times as a permit holder tenders to the
20board
any the amounts due under the state's reservation of value, pursuant to the
21terms and conditions of the permit, title to any logs covered by such tender shall pass
22to the permit holder.
If the permit provides for an offset under sub. (6) (d), the board
23shall issue written findings at the conclusion of the term of the permit which describe
24the board's findings regarding compliance with the term of the permit and establish
25the proportion of the authorized offset to which the permit holder is entitled.
AB100-engrossed,1606,72
170.12
(9m) Use of revenue from program. (a) The board shall credit the
3amounts due the state for its net share of the value of logs described under sub. (6)
4(dm) to the appropriation account under s. 20.507 (1) (j). For each type of tribal mark
5or brand, the board shall identify the American Indian tribe or band which made the
6tribal mark or brand and shall distribute the moneys received for the state's net
7share of the value of those logs to that American Indian tribe or band.
AB100-engrossed,1606,108
(b) The application fee under sub. (3) (g), the renewal fee under sub. (7) and all
9amounts due the state for its net share of the value of logs not described under sub.
10(6) (dm) shall be deposited in the general fund as follows:
AB100-engrossed,1606,1111
1. The first $100,000 in a fiscal year, as general purpose revenue — earned.
AB100-engrossed,1606,1312
2. The next $300,000 in a fiscal year, as a credit to the appropriation account
13under s. 20.245 (4) (j).
AB100-engrossed,1606,1414
3. Any remaining money in a fiscal year, as general purpose revenue — earned.
AB100-engrossed,1606,1616
170.12
(10) (title)
Forfeiture Forfeitures and remedies.
AB100-engrossed,1606,2219
170.12
(10) (a) Any logs subject to this section which are
raised removed in
20violation of this section, or in violation of a permit issued under this section, shall be
21returned to the lakebed as directed by the board or shall be confiscated by the board
22and forfeited to the state.
AB100-engrossed,1607,324
170.12
(10) (b) Any person who removes for commercial gain sunken logs on
25submerged state lands without a permit issued under this section may be required
1to forfeit $500 or an amount equal to 2 times the gross value of the removed logs,
2whichever is greater, plus the reasonably incurred costs of investigation and
3prosecution.
AB100-engrossed,1607,85
170.12
(10) (c) Any person who intentionally interferes with a log recovery
6operation for which a permit has been issued under this section is liable to the permit
7holder for any actual losses resulting from the interference and may be required to
8forfeit not less than $100 nor more than $500.
AB100-engrossed,1607,1110
180.0122
(1) (r) Application for reinstatement following administrative
11dissolution,
$10 $90.
AB100-engrossed,1607,1513
180.0722
(8) (b) Shall be solicited and appointed apart from the sale of or offer
14to purchase shares of the
issuing public resident domestic corporation, as defined in
15s.
180.1150 (1) (a) 180.1150 (1) (c).
AB100-engrossed,1607,2017
180.0722
(8) (c) May not be solicited sooner than 30 days before the meeting
18called under s. 180.1150 (5), unless otherwise agreed in writing by the person acting
19under s. 180.1150 and the directors of the
issuing public resident domestic 20corporation, as defined in s. 180.1150 (1)
(a) (c).
AB100-engrossed,1608,222
180.1130
(1) (a) An organization, other than the
issuing public resident
23domestic corporation or a subsidiary of the i
ssuing public resident domestic 24corporation, of which the person is an officer, director, manager or partner or is,
1directly or indirectly, the beneficial owner of 10% or more of a class of voting
2securities.
AB100-engrossed,1608,74
180.1130
(1) (c) A relative or spouse of the person, or a relative of the spouse,
5who has the same principal residence as the person who is a director or officer of the
6issuing public resident domestic corporation or of an affiliate of the
issuing public 7resident domestic corporation.
AB100-engrossed,1608,119
180.1130
(2) (b) The existence of an option from, or other arrangement with,
10an issuing public a resident domestic corporation to acquire securities of the
issuing
11public resident domestic corporation.
AB100-engrossed,1608,1813
180.1130
(3) (a) (intro.) Unless the merger or share exchange is subject to s.
14180.1104, does not alter the contract rights of the shares as set forth in the articles
15of incorporation or does not change or convert in whole or in part the outstanding
16shares of the
issuing public resident domestic corporation, a merger or share
17exchange of the
issuing public resident domestic corporation or a subsidiary of the
18issuing public resident domestic corporation with any of the following:
AB100-engrossed,1609,220
180.1130
(3) (b) A sale, lease, exchange or other disposition, other than a
21mortgage or pledge if not made to avoid the requirements of ss. 180.1130 to 180.1134,
22to a significant shareholder, other than the
issuing public resident domestic 23corporation or a subsidiary of the
issuing public
resident domestic corporation, or to
24an affiliate of the significant shareholder, of all or substantially all of the property
1and assets, with or without goodwill, of
an issuing public a resident domestic 2corporation, if not made in the usual and regular course of its business.
AB100-engrossed,1609,75
180.1130
(9) (a) 4. If no report or quote is available under subd. 1., 2. or 3., the
6fair market value as determined in good faith by the board of directors of the
issuing
7public resident domestic corporation.