LRB-2213/2
KSH:mfd:km
1997 - 1998 LEGISLATURE
April 23, 1997 - Introduced by Senators C. Potter, Burke, Risser, Moen, Wineke
and Clausing, cosponsored by Representatives Lorge, Schneider, R. Young,
Black, Huber, Plouff, Meyer, Baumgart and Plale. Referred to Committee
on Economic Development, Housing and Government Operations.
SB176,5,14
1An Act to repeal 178.01 (2) (de), 179.01 (2m), 180.0103 (6m), 181.02 (4m), 182.01
2(1), 183.0102 (3m), 185.01 (3m) and 409.105 (1) (dm);
to renumber and amend
315.187;
to amend 20.144 (1) (g), 44.03 (1), 44.03 (2), 50.05 (15) (f), 51.42 (3) (d)
412. f., 59.43 (1) (L), 59.43 (2) (d), 59.66 (2) (a) 1., 71.80 (12), 84.02 (4) (b), 88.05
5(6), 96.17 (6), 100.23 (5) (b) (intro.), 100.23 (5) (b) 2., 100.23 (5) (b) 4., 100.23 (6)
6(intro.), 100.23 (6) (c), 102.17 (1) (a), 111.07 (2) (a), 133.12, 134.45 (3) (b), 139.34
7(9), 157.062 (1), 157.062 (2), 157.062 (6) (b), 157.062 (6m), 157.062 (9), 157.064
8(7), 157.62 (1) (a) (intro.), 157.62 (1) (c), 178.40 (1) (intro.), 178.40 (2) (intro.),
9178.40 (3) (intro.), 178.41 (1) (a), 178.41 (1) (b), 178.42 (3) (intro.), 178.44 (3),
10178.45 (1) (b), 178.45 (4) (f), 178.46 (1) (intro.), 178.46 (1) (c), 178.46 (1) (e),
11178.46 (1) (f), 178.46 (2), 178.46 (4), 178.47 (1) (a) (intro.), 178.47 (1) (b), 178.47
12(2), 178.48 (1) (intro.), 178.48 (2), 178.48 (3), 178.49 (1) (a) (intro.), 178.49 (1) (b),
13178.50 (1), 178.50 (2) (intro.), 178.51 (title), 178.51 (1), 178.51 (2), 178.51 (3) (a),
14178.51 (3) (b), 178.51 (3) (c), 178.52 (title), 178.52 (1), 178.52 (2), 178.52 (3),
1178.52 (4), 179.03 (2), 179.04 (2), 179.11 (1) (intro.), 179.11 (2), 179.12 (1)
2(intro.), 179.12 (6), 179.13 (intro.), 179.14 (1) (intro.), 179.15, 179.16 (title),
3179.16 (1) (intro.), 179.16 (1) (b), 179.16 (2), 179.16 (3) (a) (intro.), 179.16 (3) (a)
42., 179.16 (4) (intro.), 179.16 (5), 179.18, 179.185 (1), 179.185 (4), 179.19, 179.24
5(1) (b), 179.82 (intro.), 179.82 (5), 179.83 (1) (intro.), 179.84, 179.85, 179.86 (1),
6179.86 (2), 179.87 (4), 179.88, 180.0120 (1) (intro.), 180.0120 (1) (f), 180.0120 (1)
7(g), 180.0120 (2), 180.0120 (4), 180.0121 (1) (a) (intro.), 180.0121 (1) (b),
8180.0121 (2), 180.0122 (1) (intro.), 180.0122 (1m) (intro.), 180.0122 (2),
9180.0122 (3) (intro.), 180.0122 (4), 180.0123 (1) (a) (intro.), 180.0123 (1) (b),
10180.0124 (1), 180.0124 (2) (intro.), 180.0125 (title), 180.0125 (1), 180.0125 (2)
11(a), 180.0125 (2) (b), 180.0125 (3) (a), 180.0125 (3) (b), 180.0125 (3) (c), 180.0125
12(4) (intro.), 180.0126, 180.0127, 180.0128 (1), 180.0128 (2) (b) 3., 180.0128 (3),
13180.0128 (4), 180.0128 (5), 180.0128 (6), 180.0129 (1), 180.0203 (2), 180.0401 (2)
14(a) (intro.), 180.0401 (3) (intro.), 180.0401 (3) (a), 180.0401 (3) (b), 180.0402,
15180.0403 (1) (a), 180.0403 (1) (c), 180.0403 (2), 180.0403 (3m), 180.0502 (1) (a),
16180.0502 (1) (c), 180.0502 (3), 180.0503 (1) (intro.), 180.0503 (2), 180.0503 (3)
17(a), 180.0504 (3) (a), 180.0504 (3) (b), 180.0602 (2) (intro.), 180.0602 (3),
18180.0620 (1) (b), 180.0631 (3) (b) (intro.), 180.0860 (1), 180.0860 (2), 180.1002
19(4), 180.1006 (intro.), 180.1007 (4) (intro.), 180.1008 (2) (intro.), 180.1104 (4),
20180.1105 (1) (intro.), 180.1107 (3) (a), 180.1401 (2) (intro.), 180.1403 (1) (intro.),
21180.1404 (3) (intro.), 180.1420 (intro.), 180.1420 (1), 180.1420 (2), 180.1420 (4),
22180.1421 (1), 180.1421 (2), 180.1422 (1) (intro.), 180.1422 (2) (a) (intro.),
23180.1422 (2) (a) 2., 180.1422 (2) (b), 180.1423 (1), 180.1423 (2), 180.1423 (3),
24180.1433 (1), 180.1501 (1), 180.1502 (5) (b), 180.1503 (1) (intro.), 180.1503 (1)
25(j), 180.1504 (1) (intro.), 180.1506 (1), 180.1506 (2) (a) (intro.), 180.1506 (3),
1180.1508 (1) (intro.), 180.1508 (2), 180.1509 (1) (intro.), 180.1509 (2), 180.1509
2(3) (a), 180.1510 (4) (a) (intro.), 180.1510 (4) (b) 1., 180.1510 (4) (b) 2., 180.1520
3(1), 180.1520 (2) (intro.), 180.1520 (2) (e), 180.1530 (1) (intro.), 180.1530 (1) (a),
4180.1530 (1) (b), 180.1530 (1) (d), 180.1530 (1) (f), 180.1530 (1m), 180.1530 (2),
5180.1531 (1), 180.1531 (2) (a), 180.1531 (2) (b), 180.1531 (2) (c) 1. (intro.),
6180.1531 (2) (c) 1. b., 180.1531 (4), 180.1532 (1), 180.1532 (2), 180.1622 (title),
7180.1622 (1) (intro.), 180.1622 (1) (i), 180.1622 (2), 180.1622 (3), 180.1622 (4),
8180.1622 (5), 180.1708 (1), 180.1708 (8) (b), 180.1909, 180.1921 (1), 180.1921
9(2), 180.1921 (4), 181.06 (3) (intro.), 181.07 (2), 181.07 (3), 181.07 (5), 181.08,
10181.09 (1) (intro.), 181.095 (1) (intro.), 181.095 (3), 181.10 (3), 181.265, 181.32
11(1), 181.32 (2), 181.38, 181.39 (2), 181.40, 181.45 (2), 181.45 (3), 181.46, 181.55,
12181.561 (intro.), 181.561 (1), 181.561 (2), 181.561 (4), 181.562 (1), 181.562 (2)
13(a), 181.562 (2) (b), 181.563 (1) (intro.), 181.563 (2) (a) (intro.), 181.563 (2) (a)
142., 181.563 (2) (b), 181.564 (1), 181.564 (2), 181.564 (3), 181.63, 181.651 (2),
15181.651 (3), 181.651 (5), 181.651 (6), 181.651 (7), 181.66 (2), 181.667 (intro.),
16181.667 (1), 181.667 (3), 181.67 (1) (a), 181.67 (1) (b), 181.67 (2) (a), 181.67 (2)
17(b), 181.67 (3), 181.67 (4), 181.67 (5), 181.67 (6) (a) (intro.), 181.67 (6) (a) 2.,
18181.68 (1) (intro.), 181.68 (1) (b), 181.68 (1) (e), 181.68 (1) (f), 181.68 (3), 181.69,
19181.73 (title), 181.73 (1), 181.74, 182.01 (2), 182.01 (3) (intro.), 182.01 (4),
20182.01 (5), 182.01 (6), 182.031 (2), 182.34 (7) (d), 182.45, 183.0102 (17),
21183.0103 (2) (intro.), 183.0103 (4), 183.0104 (1), 183.0104 (2), 183.0104 (3) (a),
22183.0104 (3) (c), 183.0105 (2) (a), 183.0105 (2) (c), 183.0105 (4), 183.0105 (5)
23(intro.), 183.0105 (6), 183.0105 (8) (c), 183.0107 (1), 183.0107 (3), 183.0108 (1)
24(intro.), 183.0108 (1) (e), 183.0108 (1) (f), 183.0108 (2), 183.0108 (3), 183.0109
25(1) (a) (intro.), 183.0109 (1) (b), 183.0109 (2), 183.0110 (title), 183.0110 (1),
1183.0110 (2), 183.0110 (3), 183.0110 (4) (intro.), 183.0111 (1) (a) (intro.),
2183.0111 (1) (b), 183.0112 (1), 183.0112 (2) (intro.), 183.0113 (1), 183.0113 (2) (b)
31m., 183.0113 (3), 183.0113 (4), 183.0113 (5), 183.0113 (6), 183.0114 (1) (intro.),
4183.0120 (1) (intro.), 183.0120 (2), 183.0120 (3), 183.0120 (4), 183.0120 (5),
5183.0201, 183.0203 (2) (intro.), 183.0204 (2), 183.0906 (intro.), 183.1002 (1),
6183.1003 (5) (b), 183.1004 (intro.), 183.1006 (1) (intro.), 183.1008 (1) (intro.),
7183.1008 (2), 183.1009 (1) (intro.), 183.1009 (2), 183.1010 (4) (a) (intro.),
8183.1010 (4) (b) 1., 183.1010 (4) (b) 2., 183.1011 (1), 183.1011 (2) (intro.),
9183.1011 (2) (e), 183.1020 (1) (intro.), 183.1020 (1) (a), 183.1020 (1) (b), 183.1020
10(1) (d), 183.1020 (1) (f), 183.1020 (2), 183.1020 (3), 183.1021 (1), 183.1021 (2),
11183.1021 (4), 183.1022 (1), 183.1022 (2), 183.1204 (1) (intro.), 183.1301, 185.05
12(3), 185.08 (3), 185.31 (3), 185.35 (1), 185.48 (2), 185.48 (3), 185.48 (4), 185.48
13(5), 185.48 (6), 185.53 (2), 185.62 (1m), 185.72 (3) (a), 185.72 (3) (bm), 185.815
14(intro.), 185.815 (1), 185.815 (3), 185.82 (1) (a), 185.82 (1) (b), 185.82 (2) (a),
15185.82 (2) (b), 185.82 (3), 185.82 (4), 185.82 (5), 185.82 (6) (a) (intro.), 185.82 (6)
16(a) 2., 185.83 (1) (intro.), 185.83 (1) (b), 185.83 (1) (d), 185.85, 187.05 (1), 187.05
17(3) (a) (intro.), 187.05 (3) (a) (form) 4., 187.16 (1), 187.16 (5), 187.19 (7), 187.19
18(9), 187.19 (10), 188.06, 188.08 (1), 188.085, 188.09 (1), 188.095, 188.10, 188.11
19(1), 188.115, 188.12 (1), 188.13 (1), 188.14, 188.15 (1), 188.16 (1), 188.16 (4),
20188.17 (1), 188.18 (1), 188.18 (3), 188.19 (1), 188.20, 188.21 (1), 188.22 (1),
21188.23 (1), 188.235 (1), 188.24 (1), 188.25, 188.26, 190.01 (2), 190.01 (4), 190.02
22(9) (c), 190.051 (1), 190.06 (1), 190.11 (1), 190.11 (3), 190.11 (4), 191.10 (1),
23192.71, 218.165 (1), 218.165 (2), 226.025 (3), 226.14 (1), 226.14 (3), 226.14 (4)
24(intro.), 226.14 (4) (c), 226.14 (4) (d), 226.14 (5), 231.13 (2), 406.104 (1) (c),
25409.401 (1) (c), 409.401 (5), 409.402 (3m), 409.403 (5) (a) 1., 409.403 (5) (a) 2.,
1409.403 (5) (a) 3., 409.403 (5) (b) (title), 409.403 (5) (b) 1., 409.403 (5) (b) 2.,
2409.404 (1) (b), 409.404 (1) (c) (intro.), 409.404 (3) (b), 409.405 (1), 409.405 (2),
3409.406, 409.407 (2) (c), 409.410, 409.411, 422.505 (1) (d), 426.110 (4) (b), 440.47
4(5), 443.10 (6), 601.72 (1) (intro.), 601.72 (2), 601.72 (3), 601.73 (1), 601.73 (2)
5(a), 601.73 (2) (b), 601.73 (3), 610.01 (4), 611.72 (1), 611.73 (1), 611.74 (1), 613.01
6(8), 614.09, 616.09 (1) (c) 2., 616.74 (1) (c), 703.23 (1), 703.23 (2), 704.22 (2),
7779.87 (3) (b), 779.97 (2) (c) 1., 779.97 (2) (c) 2., 779.97 (2) (c) 3., 779.97 (4) (a)
81., 779.97 (4) (b) 1., 779.97 (4) (b) 2., 779.97 (4) (b) 3., 779.97 (4) (b) 4., 779.97
9(4) (c) 2., 891.20, 893.19 (1), 992.06 (2) and 992.06 (3);
to repeal and recreate
1020.575 (1) (g); and
to create 20.575 (1) (gm), 20.575 (1) (hm) and 20.575 (1) (im)
11of the statutes;
relating to: transferring responsibility for administering the
12uniform commercial code lien system and business organization filing
13requirements, authorizing positions, granting rule-making authority and
14making appropriations.
Analysis by the Legislative Reference Bureau
Under current law, the department of financial institutions (DFI) has
responsibility for record keeping and filing of business organization records. These
functions include the filing of articles of incorporation or other organizational
articles and annual reports of corporations, limited liability companies, nonprofit
corporations and cooperatives, and acting as agent for service of process for business
organizations. DFI also has responsibility for uniform commercial code (UCC)
filings, for federal lien filings and for the computerized statewide lien system that
is operated in conjunction with county offices of registers of deeds. Prior to
1995
Wisconsin Act 27, the office of the secretary of state had these responsibilities. This
bill transfers these corporate record, UCC and lien filing responsibilities from DFI
back to the office of the secretary of state, effective July 1, 1998. In addition, the bill
transfers employes performing these responsibilities from DFI to the office of the
secretary of state and authorizes 13.5 additional FTE positions for the office of the
secretary of state.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB176, s. 1
1Section
1. 15.187 of the statutes is renumbered 14.367, and 14.367 (1) (intro.),
2as renumbered, is amended to read:
SB176,6,93
14.367
(1) Uniform commercial code statewide lien system council. (intro.)
4There is created in the
department of financial institutions office of the secretary of
5state a uniform commercial code statewide lien system council. The council shall
6consist of the administrator of the division of information technology services in the
7department of administration or the administrator's designee and the following
8members appointed by the secretary of
the department of financial institutions state 9for 6-year terms:
SB176, s. 2
10Section
2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
11the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB176, s. 3
1Section
3. 20.144 (1) (g) of the statutes is amended to read:
SB176,7,112
20.144
(1) (g)
General program operations. The amounts in the schedule for
3the general program operations of the department of financial institutions. Except
4as provided in pars. (a), (h), (i) and (u), all moneys received by the department, other
5than by the office of credit unions, the division of banking and the division of savings
6and loan, and 88% of all moneys received by the department's division of banking and
7the department's division of savings and loan shall be credited to this appropriation,
8but any balance at the close of a fiscal year exceeding 10% of the previous fiscal year's
9expenditures under this appropriation shall lapse to the general fund.
Annually,
10$200,000 of the amounts received under this appropriation account shall be
11transferred to the appropriation account under s. 20.575 (1) (g).
SB176, s. 4
12Section
4. 20.575 (1) (g) of the statutes is repealed and recreated to read:
SB176,8,413
20.575
(1) (g)
Program fees. The amounts in the schedule for the purpose of
14carrying out general program operations. Except as provided under pars. (gm), (hm)
15and (ka), $4 of each amount collected under ss. 180.0122 (1) (x) and (y), 181.68 (1)
16(gm), 185.48 (4) and (6) and 185.83 (1) (e) plus 27.5% of the fees collected by the
17secretary of state, other than fees forwarded by registers of deeds under ss. 409.403
18(5) (a), 409.405 (1) and (2) and 409.406 and other than $3 of the fees collected by the
19secretary of state for each filing under ss. 409.403 (5) (b), 409.405 (1) and (2) and
20409.406 and other than $4 of each amount collected under ss. 180.0122 (1) (x) and
1(y), 181.68 (1) (gm) 185.48 (4) and (6) and 185.83 (1) (e), shall be credited to this
2appropriation. Notwithstanding s. 20.001 (3) (a), any unencumbered balance at the
3close of a fiscal year exceeding 10% of the previous fiscal year's expenditures under
4this appropriation shall lapse to the general fund.
SB176, s. 5
5Section
5. 20.575 (1) (gm) of the statutes is created to read:
SB176,8,166
20.575
(1) (gm)
Expedited service and telephone applications for reservation of
7name. The amounts in the schedule for processing of a document, request for
8information or certification in an expeditious manner under s. 14.38 (9), 179.16 (5),
9180.0122 (4), 181.68 (1) (k), 182.01 (4) or 185.83 (1) (h) and for taking telephone
10applications to reserve a name under s. 179.03 (2), 180.0402, 181.07 (2) or 185.045.
11All expedited service fees collected under ss. 14.38 (9), 179.16 (5), 180.0122 (4),
12181.68 (1) (k), 182.01 (4) and 185.83 (1) (h) and all fees for telephone applications to
13reserve a name collected under s. 179.03 (2), 180.0122 (1) (e) or (f), 181.68 (1) or
14185.045 shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (a),
15any unencumbered balance at the close of a fiscal year exceeding 10% of the previous
16fiscal year's expenditures under this appropriation shall lapse to the general fund.
SB176, s. 6
17Section
6. 20.575 (1) (hm) of the statutes is created to read:
SB176,8,2318
20.575
(1) (hm)
Search fees. The amounts in the schedule for conducting
19searches under s. 409.407 (2). All moneys received by the office for search fees
20collected under s. 409.407 (2) shall be credited to this appropriation.
21Notwithstanding s. 20.001 (3) (a), any unencumbered balance at the close of a fiscal
22year exceeding 10% of the previous fiscal year's expenditures under this
23appropriation shall lapse to the general fund.
SB176, s. 7
24Section
7. 20.575 (1) (im) of the statutes is created to read:
SB176,9,7
120.575
(1) (im)
Uniform commercial code statewide lien system. The amounts
2in the schedule for the purpose of establishing and maintaining support services
3under s. 409.11 (2) for the uniform commercial code statewide lien system under s.
4409.410. All moneys received from fees forwarded by registers of deeds under ss.
5409.403 (5) (a), 409.405 (1) and (2) and 409.406 plus $3 of the fees collected by the
6secretary of state for each filing under ss. 409.403 (5) (b), 409.405 (1) and (2) and
7409.406 shall be credited to this appropriation.
SB176, s. 8
8Section
8. 44.03 (1) of the statutes is amended to read:
SB176,9,179
44.03
(1) County or local historical societies without capital stock may be
10incorporated as affiliates of the historical society, to gather and preserve the books,
11documents and artifacts relating to the history of their region or locality. No fees
12shall be charged by any register of deeds for recording nor by the
department of
13financial institutions secretary of state for filing the articles of organization or its
14amendments, or for a certificate of incorporation of any such society, but the
15department of financial institutions secretary of state shall not accept articles of
16incorporation under this section unless they are approved by the board of curators
17of the historical society.
SB176, s. 9
18Section
9. 44.03 (2) of the statutes is amended to read:
SB176,9,2519
44.03
(2) Statewide, county or other patriotic or historical organizations, or
20chapters in this state may be incorporated as affiliates of the historical society under
21sub. (1) if their purposes and programs are similar to and consonant with those of the
22historical society and its affiliates, or if already incorporated, the organizations or
23chapters may apply to the board of curators for affiliation with the historical society.
24Upon incorporation under this section or acceptance of affiliation by the board of
25curators the applying organization shall as an affiliate accept the provisions and
1shall be entitled to all the benefits of this section. Any affiliated society shall be a
2member and entitled to one vote in any general meeting of the historical society. The
3board of curators may terminate the affiliation as an affiliate of the historical society
4under this section of any such organization by formal resolution, a copy of which shall
5be deposited with the
department of financial institutions secretary of state.
SB176, s. 10
6Section
10. 50.05 (15) (f) of the statutes is amended to read:
SB176,10,227
50.05
(15) (f) The receiver shall, within 60 days after termination of the
8receivership, file a notice of any lien created under this subsection. No action on a
9lien created under this subsection may be brought more than 2 years after the date
10of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit
11court of the county in which the facility is located and entered on the judgment and
12lien docket kept under s. 779.07. If the lien is on personal property, the lien shall be
13filed with the
department of financial institutions
secretary of state. The
14department of financial institutions secretary of state shall place the lien on personal
15property in the same file as financing statements are filed under ss. 409.401 and
16409.402. The notice shall specify the name of the person against whom the lien is
17claimed, the name of the receiver, the dates of the petition for receivership and the
18termination of receivership, a description of the property involved and the amount
19claimed. No lien shall exist under this section against any person, on any property,
20or for any amount not specified in the notice filed under this paragraph. To the extent
21applicable, ch. 846 controls the foreclosure of liens under this subsection that attach
22to real property.
SB176, s. 11
23Section
11. 51.42 (3) (d) 12. f. of the statutes is amended to read:
SB176,11,1524
51.42
(3) (d) 12. f. The receiver shall, within 60 days after termination of the
25receivership, file a notice of any lien created under this subdivision. No action on a
1lien created under this subdivision may be brought more than 2 years after the date
2of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit
3court for the county in which the county department of community programs or
4related program is located and entered on the judgment and lien
docket kept under
5s. 779.07. If the lien is on personal property, the lien shall be filed with the
6department of financial institutions secretary of state. The
department of financial
7institutions secretary of state shall place the lien on personal property in the same
8file as financing statements are filed under ss. 409.401 and 409.402. The notice shall
9specify the name of the county department of community programs or related
10program against which the lien is claimed, the name of the receiver, the dates of the
11petition for receivership and the termination of receivership, a description of the
12property involved and the amount claimed. No lien may exist under this subdivision
13against any person, on any property or for any amount not specified in the notice filed
14under this subd. 12. f. To the extent applicable, ch. 846 controls the foreclosure of
15liens under this subdivision that attach to real property.
SB176, s. 12
16Section
12. 59.43 (1) (L) of the statutes is amended to read:
SB176,12,917
59.43
(1) (L) File all documents pertaining to security interests in personal
18property, crops or fixtures that are required or authorized by law to be filed with the
19register. Except as otherwise prescribed by the
department of financial institutions 20secretary of state under ss. 409.403 to 409.406, these documents shall be executed
21on white or light colored sheets of paper, 8 or 8.5 inches wide and 5, 7, 10.5 or 14
22inches long. Whenever there is offered for filing any document that varies more than
23one-eighth of an inch from the approved size, or that is not on a standard form
24prescribed by the
department of financial institutions
secretary of state, then in
25addition to the regular filing fee an additional filing fee shall be charged by the
1register of deeds, as prescribed by sub. (2). No assignment, release or other
2instrument shall be offered for filing that is executed or endorsed on any other
3document, but each shall be a separate and distinct document, except those
4assignments or notices that are printed or written on and immediately following the
5original agreement or financing statement, offered for filing at the same time, shall
6be considered as one document. All of these documents shall be legibly written, and
7shall have the names of the debtor and secured party plainly printed or typed on the
8document and shall provide a space for filing data of the register of deeds on the
9outside of the document.
SB176, s. 13
10Section
13. 59.43 (2) (d) of the statutes is amended to read:
SB176,12,1911
59.43
(2) (d) For performing functions under s. 409.407 (1) and (2) (a) and (b),
12the register shall charge the fees stated in s. 409.407 (2) (a) or (b). A financing
13statement and an assignment or notice of assignment of the security interest, offered
14for filing at the same time, shall be considered as only one document for the purpose
15of this paragraph. Whenever there is offered for filing any document that is not on
16a standard form prescribed by the
department of financial institutions secretary of
17state or that varies more than 0.125 inch from the approved size as prescribed by sub.
18(1), the appropriate fee specified in ss. 409.403 to 409.406 or an additional filing fee
19of one-half the regular fee, whichever is applicable, shall be charged by the register.
SB176, s. 14
20Section
14. 59.66 (2) (a) 1. of the statutes is amended to read:
SB176,13,821
59.66
(2) (a) 1. On or before January 10 of every odd-numbered year, each
22officer of a municipality and county, and each clerk of every court of record, shall file
23with the treasurer of that person's county a written report under oath giving the
24names and the last-known addresses of all persons for whom any such officer or clerk
25holds money or security, and which has not been claimed for at least one year, and
1showing the amount of the money or the nature of the security in detail. A duplicate
2report shall also be mailed to the
department of financial institutions secretary of
3state. Upon receiving the reports the treasurer shall cause to be published a class
43 notice, under ch. 985, on or before February 1 of the same year, which contains the
5names and last-known addresses of the owners of the unclaimed money or security,
6and shall state that unless the owners call for and prove their ownership of the money
7or security, within 6 months from the time of the completed publication, the treasurer
8will take possession or control of the money or security.
SB176, s. 15
9Section
15. 71.80 (12) of the statutes is amended to read:
SB176,14,210
71.80
(12) (title)
Department Secretary of state deemed lawful attorney for
11nonresident. (a) The transaction of business or the performance of personal services
12in this state or the derivation of income from property the income from which has a
13taxable situs in this state by any nonresident person, except where the nonresident
14is a foreign corporation that has been licensed pursuant to ch. 180, shall be deemed
15an irrevocable appointment by such person, binding upon that person, that person's
16executor, administrator or personal representative, of the
department of financial
17institutions secretary of state to be that person's lawful attorney upon whom may be
18served any notice, order, pleading or process (including without limitation by
19enumeration any notice of assessment, denial of application for abatement or denial
20of claim for refund) by any administrative agency or in any proceeding by or before
21any administrative agency, or in any proceeding or action in any court, to enforce or
22effect full compliance with or involving the provisions of this chapter. The
23transaction of business, the performance of personal services or derivation of income
24from such property in this state shall be a signification of that person's agreement
25that any such notice, order, pleading or process which is so served shall be of the same
1legal force and validity as if served on that person personally, or upon that person's
2executor, administrator or personal representative.
SB176,14,183
(b) The transaction of business in this state or the derivation of income which
4has a situs in this state under the provisions of this chapter by any person while a
5resident of this state shall be deemed an irrevocable appointment by such person,
6binding upon that person, that person's executor, administrator or personal
7representative, effective upon such person becoming a nonresident of this state, of
8the
department of financial institutions secretary of state to be that person's true and
9lawful attorney upon whom may be served any notice, order, pleading or process
10(including without limitation by enumeration any notice of assessment, denial of
11application for abatement or denial of claim for refund) by any administrative agency
12or in any proceeding by or before an administrative agency, or in any proceeding or
13action in any court, to enforce or effect full compliance with or involving the
14provisions of this chapter. And the transaction of such business or the derivation of
15such income shall be a signification of that person's agreement that any such notice,
16order, pleading or process which is so served shall be of the same legal force and
17validity as if served on that person personally, or upon that person's executor,
18administrator or personal representative.
SB176,15,619
(c) Service under par. (a) or (b) shall be made by serving a copy upon the
20department of financial institutions secretary of state or by filing such copy with the
21department of financial institutions office of the secretary of state, and such service
22shall be sufficient service upon such person, or that person's executor, administrator
23or personal representative if notice of such service and a copy of the notice, order,
24pleading or process are within 10 days thereafter sent by mail by the state
25department, officer or agency making such service to such person, or that person's
1executor, administrator or personal representative, at that person's last-known
2address, and that an affidavit of compliance herewith is filed with the
department
3of financial institutions secretary of state. The
department of financial institutions 4secretary of state shall keep a record of all such notices, orders, pleadings, processes
5and affidavits and shall note in such record the day and hour of service upon the
6department secretary.
SB176, s. 16
7Section
16. 84.02 (4) (b) of the statutes is amended to read:
SB176,15,228
84.02
(4) (b) No person shall mark any other highway routes or trails unless
9the route marked shall coincide exactly with the state trunk system. No such routes
10shall be marked until exact descriptions of the routes selected for marking have been
11filed with and the routes and markings approved by the department. Every route
12laid out and marked shall be made to conform to the state trunk system, and the
13person responsible for the marking of such route shall remove or erase such marks
14from every portion of such route which does not coincide with the state trunk
15highway system. The department shall report to the
department of financial
16institutions secretary of state any violations of or failure to comply with the
17provisions of this subsection, and the
department of financial institutions secretary
18of state shall thereupon revoke the privilege, license or incorporation of the offender,
19and the department shall cause the offending marks to be erased, removed or
20destroyed. The expense of such erasure, removal or destruction shall be paid out of
21funds appropriated to the department, and may be recovered in the name of the state
22from the person responsible for such unauthorized marking.
SB176, s. 17
23Section
17. 88.05 (6) of the statutes is amended to read:
SB176,16,3
188.05
(6) Railroad companies shall file with the
department of financial
2institutions secretary of state a document stating the name and post-office address
3of the person upon whom any notice required by this chapter may be served.
SB176, s. 18
4Section
18. 96.17 (6) of the statutes is amended to read:
SB176,16,125
96.17
(6) If a handler is not a resident or is not authorized to do business in this
6state, the handler may designate an agent upon whom service of process may be
7made in this state. The agent shall be a resident of this state or a corporation
8authorized to do business in this state. The designation shall be in writing and filed
9with the
department of financial institutions secretary of state. If no designation is
10made and filed or if process cannot be served in this state upon the designated agent,
11after reasonable effort, process may be served upon the
department of financial
12institutions secretary of state.
SB176, s. 19
13Section
19. 100.23 (5) (b) (intro.) of the statutes is amended to read:
SB176,16,1614
100.23
(5) (b) (intro.) Has a current annual report on file with the
department
15of financial institutions secretary of state which satisfies all of the following
16requirements:
SB176, s. 20
17Section
20. 100.23 (5) (b) 2. of the statutes is amended to read:
SB176,16,2018
100.23
(5) (b) 2. Is on a form furnished to the association by the
department of
19financial institutions secretary of state using information given as of the date of the
20execution of the report.
SB176, s. 21
21Section
21. 100.23 (5) (b) 4. of the statutes is amended to read:
SB176,16,2522
100.23
(5) (b) 4. Is filed with the
department of financial institutions secretary
23of state in each year following the year in which the association first filed the annual
24report required under this paragraph, during the calendar year quarter in which the
25anniversary of the filing occurs.
SB176, s. 22
1Section
22. 100.23 (6) (intro.) of the statutes is amended to read:
SB176,17,32
100.23
(6) (title)
Department of financial institutions Secretary of state
3duties. (intro.) The
department of financial institutions secretary of state shall:
SB176, s. 23
4Section
23. 100.23 (6) (c) of the statutes is amended to read:
SB176,17,125
100.23
(6) (c) Upon receipt of a report required under sub. (5) (b), determine
6if the report satisfies the requirements of sub. (5) (b). If the
department of financial
7institutions secretary of state determines that the report does not satisfy all of those
8requirements, the
department of financial institutions
secretary of state shall return
9the report to the association which filed it, along with a notice of any correction
10required. If the association files a corrected report within 30 days after the
11association receives that notice, the report shall be deemed timely filed for purposes
12of sub. (5) (b) 4.
SB176, s. 24
13Section
24. 102.17 (1) (a) of the statutes is amended to read:
SB176,18,1014
102.17
(1) (a) Upon the filing with the department by any party in interest of
15any application in writing stating the general nature of any claim as to which any
16dispute or controversy may have arisen, it shall mail a copy of such application to all
17other parties in interest and the insurance carrier shall be deemed a party in
18interest. The department may bring in additional parties by service of a copy of the
19application. The department shall cause notice of hearing on the application to be
20given to each party interested, by service of such notice on the interested party
21personally or by mailing a copy to the interested party's last-known address at least
2210 days before such hearing. In case a party in interest is located without the state,
23and has no post-office address within this state, the copy of the application and
24copies of all notices shall be filed
with the department of financial institutions in the 25office of the secretary of state and shall also be sent by registered or certified mail
1to the last-known post-office address of such party. Such filing and mailing shall
2constitute sufficient service, with the same effect as if served upon a party located
3within this state. The hearing may be adjourned in the discretion of the department,
4and hearings may be held at such places as the department designates, within or
5without the state. The department may also arrange to have hearing held by the
6commission, officer or tribunal having authority to hear cases arising under the
7worker's compensation law of any other state, of the District of Columbia, or of any
8territory of the United States, the testimony and proceedings at any such hearing to
9be reported to the department and to be part of the record in the case. Any evidence
10so taken shall be subject to rebuttal upon final hearing before the department.
SB176, s. 25
11Section
25. 111.07 (2) (a) of the statutes is amended to read:
SB176,19,1112
111.07
(2) (a) Upon the filing with the commission by any party in interest of
13a complaint in writing, on a form provided by the commission, charging any person
14with having engaged in any specific unfair labor practice, it shall mail a copy of such
15complaint to all other parties in interest. Any other person claiming interest in the
16dispute or controversy, as an employer, an employe, or their representative, shall be
17made a party upon application. The commission may bring in additional parties by
18service of a copy of the complaint. Only one such complaint shall issue against a
19person with respect to a single controversy, but any such complaint may be amended
20in the discretion of the commission at any time prior to the issuance of a final order
21based thereon. The person or persons so complained of shall have the right to file an
22answer to the original or amended complaint and to appear in person or otherwise
23and give testimony at the place and time fixed in the notice of hearing. The
24commission shall fix a time for the hearing on such complaint, which will be not less
25than 10 nor more than 40 days after the filing of such complaint, and notice shall be
1given to each party interested by service on the party personally or by mailing a copy
2thereof to the party at the party's last-known post-office address at least 10 days
3before such hearing. In case a party in interest is located without the state and has
4no known post-office address within this state, a copy of the complaint and copies
5of all notices shall be filed
with the department of financial institutions in the office
6of the secretary of state and shall also be sent by registered mail to the last-known
7post-office address of such party. Such filing and mailing shall constitute sufficient
8service with the same force and effect as if served upon the party located within this
9state. Such hearing may be adjourned from time to time in the discretion of the
10commission and hearings may be held at such places as the commission shall
11designate.
SB176, s. 26
12Section
26. 133.12 of the statutes is amended to read:
SB176,19,25
13133.12 Domestic and foreign corporations and limited liability
14companies; cancellation of charters or certificates of authority for
15restraining trade; affidavit. Any corporation or limited liability company
16organized under the laws of this state or foreign corporation or foreign limited
17liability company authorized to transact business in this state pursuant to a
18certificate of authority from the
department of financial institutions secretary of
19state which violates any provision of this chapter, may, upon proof thereof, in any
20circuit court have its charter or authority to transact business in this state
21suspended, canceled or annulled. Every corporation shall, in its annual report filed
22with the
department of financial institutions secretary of state, show whether it has
23entered into any contract, combination in the form of trust or otherwise, or
24conspiracy in restraint of trade or commerce. The department of justice shall enforce
25this section.
SB176, s. 27
1Section
27. 134.45 (3) (b) of the statutes is amended to read:
SB176,20,62
134.45
(3) (b) A domestic or foreign corporation, association or limited liability
3company exercising any of the powers, franchises or functions of a business entity
4in this state that violates any provision of this section, shall not have the right of, and
5shall be prohibited from, doing business in this state, and the
department of financial
6institutions secretary of state shall revoke its certificate to do business in this state.
SB176, s. 28
7Section
28. 139.34 (9) of the statutes is amended to read:
SB176,20,228
139.34
(9) The applicant for a permit, if a nonresident, foreign corporation or
9foreign limited liability company, shall file proof that the applicant has appointed the
10department of financial institutions secretary of state as agent for the service of
11process on any matter arising under ss. 139.30 to 139.44. A foreign corporation
12without a place of business in this state need not obtain a certificate of authority
13under ss. 180.1501 to 180.1505. If a foreign corporation has a certificate of authority
14under ss. 180.1501 to 180.1505, the foreign corporation satisfies this subsection by
15filing the address of its registered office in this state and the name of its registered
16agent at that office and by promptly filing any changes to this information. A foreign
17limited liability company without a place of business in this state need not obtain a
18certificate of registration under ss. 183.1002 to 183.1007. If a foreign limited liability
19company has a certificate of registration under ss. 183.1002 to 183.1007, the foreign
20limited liability company satisfies this subsection by filing the address of its
21registered office in this state and the name of its registered agent at that office and
22by promptly filing any changes to this information.
SB176, s. 29
23Section
29. 157.062 (1) of the statutes is amended to read:
SB176,21,824
157.062
(1) Organization. Seven or more residents of the same county may
25form a cemetery association. They shall meet, select a chairperson and secretary,
1choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor
2more than 9 trustees whom the chairperson and secretary shall immediately divide
3by lot into 3 classes, who shall hold their offices for 1, 2 and 3 years, respectively.
4Within 3 days, the chairperson and secretary shall certify the corporate name, the
5names, home addresses and business addresses of the organizers and of the trustees,
6and their classification, and the annual meeting date acknowledged by them, and,
7except as provided in sub. (9), deliver the certification to the
department of financial
8institutions secretary of state. The association then has the powers of a corporation.
SB176, s. 30
9Section
30. 157.062 (2) of the statutes is amended to read:
SB176,21,1510
157.062
(2) Amendments. The association may change its name, the number
11of trustees or the annual meeting date by resolution at an annual meeting, or special
12meeting called for such purpose, by a majority vote of the members present, and,
13except as provided in sub. (9), by delivering to the
department of financial
14institutions secretary of state a copy of the resolution, with the date of adoption,
15certified by the president and secretary or corresponding officers.
SB176, s. 31
16Section
31. 157.062 (6) (b) of the statutes is amended to read:
SB176,22,617
157.062
(6) (b) If an association that has been dissolved under par. (a), or any
18group that was never properly organized as a cemetery association, has cemetery
19grounds and human remains are buried in the cemetery grounds, 5 or more
20members, or persons interested as determined by order of the circuit judge under par.
21(c), may publish a class 3 notice, under ch. 985, in the municipality in which the
22cemetery is located, of the time, place and object of the meeting, assemble and
23reorganize by the election of trustees and divide them into classes as provided in sub.
24(1), the commencement of the terms to be computed from the next annual meeting
25date. The secretary shall enter the proceedings of the meeting on the records. The
1association is reorganized upon delivery of a copy of the proceedings to the
2department of financial institutions secretary of state, except as provided in sub. (9).
3Upon reorganization, the title to the cemetery grounds, trust funds and all other
4property of the association or group vests in the reorganized association, under the
5control of the trustees. The reorganized association may continue the name of the
6dissolved association or may adopt a new name.
SB176, s. 32
7Section
32. 157.062 (6m) of the statutes is amended to read:
SB176,22,108
157.062
(6m) Forms. The
department of financial institutions secretary of
9state may prescribe and furnish forms for providing the information required under
10subs. (1) to (6).