(End)
LRB-0415LRB-0415/2
RCT:jld:jf
2003 - 2004 LEGISLATURE
DOA:......Mawdsley - BB0106 Asbestos fee increase
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Air quality
Current law authorizes DNR to establish, by rule, fees for inspecting nonresidential asbestos demolition and renovation projects that DNR regulates. The fees may not exceed $210 per project. This bill increases the maximum fees to $450 or $750, depending on the size of the project. The bill also authorizes DNR to separately charge for the costs it incurs for laboratory testing for these projects.
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:
SECTION 1. 20.370 (2) (bi) of the statutes is amended to read:
20.370 (2) (bi) Air management -- asbestos management. All moneys received from fees imposed under s. 285.69 (1) (c) on persons proposing asbestos abatement projects and all moneys received from fees imposed under s. 285.69 (3) for asbestos abatement inspections, for costs related to exempting asbestos abatement projects from air pollution control permits and for inspections of asbestos demolition and renovation projects.
SECTION 2. 285.69 (3) of the statutes is renumbered 285.69 (3) (a) and amended to read:
285.69 (3) (a) The department may promulgate rules for the payment and collection of fees for inspecting nonresidential asbestos demolition and renovation projects regulated by the department. The fees under this subsection for an inspection may not exceed $210 per $450 if the combined square and linear footage of friable asbestos-containing material involved in the project is less than 5,000. The fees under this subsection for an inspection may not exceed $750 if the combined square and linear footage of friable asbestos-containing material involved in the project is 5,000 or more. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (2) (bi) for the direct and indirect costs of conducting inspections of nonresidential asbestos demolition and inspection renovation projects regulated by the department.
SECTION 3. 285.69 (3) (b) and (c) of the statutes are created to read:
285.69 (3) (b) In addition to the fees under par. (a), the department may charge the costs it incurs for laboratory testing for a nonresidential asbestos demolition and renovation project.
(c) For the purpose of par. (a), combined square and linear footage shall be determined by adding the number of square feet of friable asbestos-containing material on areas other than pipes to the number of linear feet of friable asbestos-containing material on pipes.
(End)
LRB-0419LRB-0419/2
RJM:cjs&kmg:rs
2003 - 2004 LEGISLATURE
DOA:......Mawdsley - BB0175 LLC annual reports
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Commerce and economic development
Commerce
Limited liability companies
Under current law, any limited liability company that is organized in a jurisdiction other than this state and that is permitted to operate in this state must file an annual report with DFI. Generally, the annual report must contain the current names and addresses of the limited liability company, the limited liability company's registered agent, and certain individuals involved in the business of the limited liability company, along with certain information concerning the management and business of the limited liability company. This bill requires limited liability companies that are organized under the laws of this state to file a similar annual report. The bill also establishes a procedure by which DFI may administratively dissolve a limited liability company that is organized under the laws of this state for failure to file a complete annual report.
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:
SECTION 1. 183.0105 (2) (c) of the statutes is amended to read:
183.0105 (2) (c) In the case of a foreign limited liability company, including Including the name of its registered agent and the street address of its registered office, as changed, in its annual report under s. 183.0120. This paragraph also applies to a foreign limited liability company. A change under this paragraph is effective on the date the annual report is filed by the office of the department.
SECTION 2. 183.0109 (1) (a) 4. of the statutes is amended to read:
183.0109 (1) (a) 4. A foreign limited liability company's An annual report under s. 183.0120.
SECTION 3. 183.0113 (2) (b) 1m. of the statutes is amended to read:
183.0113 (2) (b) 1m. In the case of a foreign limited liability company, the The domestic or foreign limited liability company has, during its most recently completed report year, filed with the department an annual report required by s. 183.0120.
SECTION 4. 183.0114 (1) (v) of the statutes is created to read:
183.0114 (1) (v) Annual report of a domestic limited liability company, $25.
SECTION 5. 183.0120 (title) of the statutes is amended to read:
183.0120 (title) Annual report for foreign limited liability companies.
SECTION 6. 183.0120 (1) of the statutes is amended to read:
183.0120 (1) Each foreign limited liability company registered to transact business in this state and each domestic limited liability company shall file with the department an annual report that includes all of the following information:
(a) The name of the domestic or foreign limited liability company and, if a foreign limited liability company, the state or country under whose law it is organized.
(b) The address of the domestic or foreign limited liability company's registered office and the name of its registered agent at that office in this state.
(c) The address of the domestic or foreign limited liability company's principal office.
(d) If management of the domestic or foreign limited liability company is vested in one or more managers, the name and business address of each manager.
(e) The name and business address of each member of the domestic or foreign limited liability company.
(f) A brief description of the nature of the domestic or foreign limited liability company's business.
SECTION 7. 183.0120 (2) of the statutes is amended to read:
183.0120 (2) Information in the annual report shall be current as of the date on which the annual report is executed on behalf of a the domestic or foreign limited liability company, except that the information required by sub. (1) (e) shall be current as of the close of the domestic or foreign limited liability company's fiscal year immediately before the date by which the annual report is required to be delivered to the department.
SECTION 8. 183.0120 (3) of the statutes is amended to read:
183.0120 (3) A domestic limited liability company shall deliver its initial annual report to the department during the first calendar quarter of the year following the calendar year in which the limited liability company's articles of organization become effective under s. 183.0111 and shall deliver each subsequent annual report during the first calender quarter of each subsequent year. A foreign limited liability company registered to transact business in this state shall deliver its annual report to the department during the first calendar quarter of each year following the calendar year in which the foreign limited liability company becomes registered to transact business in this state.
SECTION 9. 183.0120 (4) of the statutes is amended to read:
183.0120 (4) If an annual report does not contain the information required by this section, the department shall promptly notify the reporting domestic or foreign limited liability company in writing and return the report to it for correction.
SECTION 10. 183.0901 (3) of the statutes is created to read:
183.0901 (3) The department administratively dissolves the limited liability company under s. 183.09025 (2) (c), unless the limited liability company is subsequently reinstated under s. 183.09025 (4) (b) or pursuant to judicial review under ss. 227.52 to 227.58.
SECTION 11. 183.09025 of the statutes is created to read:
183.09025 Administrative dissolution and reinstatement. (1) GROUNDS FOR ADMINISTRATIVE DISSOLUTION. The department may bring a proceeding under sub. (2) to administratively dissolve any limited liability company that does not deliver to the department the limited liability company's complete annual report within one year after the annual report is due.
(2) PROCEDURE FOR ADMINISTRATIVE DISSOLUTION. (a) If the department determines that grounds exist under sub. (1) for dissolving a limited liability company, the department shall mail the limited liability company a notice of the determination. The notice shall be in writing and addressed to the registered office of the limited liability company.
(b) Within 60 days after the date on which the notice is received or the date on which the second insertion of the class 2 notice under par. (d) is published, the limited liability company shall correct each ground for dissolution or demonstrate to the reasonable satisfaction of the department that each ground determined by the department does not exist.
(c) If a limited liability company fails to satisfy par. (b), the department shall administratively dissolve the limited liability company. The department shall enter a notation in its records to reflect each ground for dissolution and the effective date of dissolution and shall mail the limited liability company a notice of those facts and a certificate of dissolution. The notice and certificate shall be in writing and addressed to the registered office of the limited liability company. The dissolution is subject to judicial review as provided in ss. 227.52 to 227.58.
(d) If a notice under par. (a) or (c) is returned to the department as undeliverable, the department shall again mail the notice to the limited liability company as provided under that paragraph. If the notice is again returned to the department as undeliverable, the department shall give the notice by publishing a class 2 notice under ch. 985 in the official state newspaper.
(3) USE OF NAME FOLLOWING ADMINISTRATIVE DISSOLUTION. A limited liability company's right to the exclusive use of its name terminates on the date of the administrative dissolution under sub. (2) (c).
(4) REINSTATEMENT. (a) A limited liability company that is administratively dissolved under sub. (2) (c) may apply to the department for reinstatement within 30 days after the date on which the limited liability company is dissolved. The application shall include all of the following:
1. The name of the limited liability company and the date on which it was administratively dissolved.
2. A statement that each ground for dissolution either did not exist or has been cured.
3. A statement that the limited liability company's name satisfies s. 183.0103.
(b) The department shall cancel the certificate of dissolution and issue a certificate of reinstatement under this paragraph if the department determines that the application contains the information required under par. (a), that the information is correct, and that all fees and penalties owed by the limited liability company to the department under this chapter have been paid. The certificate of reinstatement shall state the department's determination under this paragraph and the effective date of reinstatement. The department shall file the certificate and provide a copy to the limited liability company or its representative.
(c) When the reinstatement becomes effective, it shall relate back to and take effect as of the effective date of the administrative dissolution, and the limited liability company may resume carrying on its business as if the administrative dissolution had never occurred.
(d) If the department denies a limited liability company's application for reinstatement under par. (a), the department shall serve the limited liability company with a written notice of denial that explains each reason for the denial. The denial is subject to judicial review as provided in ss. 227.52 to 227.58.
SECTION 9120. Nonstatutory provisions; financial institutions.
(1) LIMITED LIABILITY COMPANY ANNUAL REPORTS. Notwithstanding section 183.0120 (3) of the statutes, as affected by this act, a domestic limited liability company in existence on the effective date of this subsection shall deliver its initial annual report under section 183.0120 of the statutes to the department of financial institutions during the first calendar quarter of 2004.
(End)
LRB-0421LRB-0421/3
RCT:cjs&kjf:pg
2003 - 2004 LEGISLATURE
DOA:......Walker - BB0107, Environmental improvement fund, biennial finance plan
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Water quality
Under the Clean Water Fund Program, this state provides financial assistance for projects for controlling water pollution, including sewage treatment plants. One form of financial assistance provided under the Clean Water Fund Program is a loan at a subsidized interest rate. The budget bill for each fiscal biennium establishes the present value of the subsidies that may be provided under the Clean Water Fund Program during that fiscal biennium. This bill sets the present value of the Clean Water Fund Program subsidies that may be provided during the 2003-05 biennium at $92,400,000. The bill also increases the revenue bonding authority for the Clean Water Fund Program by $259,670,000.
Under the Safe Drinking Water Loan Program, this state provides loans to local governmental units for projects for the construction or modification of public water systems. The loans are provided at subsidized interest rates. The budget bill for each fiscal biennium establishes the present value of the subsidies that may be provided under the Safe Drinking Water Loan Program during that fiscal biennium. This bill sets the present value of the Safe Drinking Water Loan Program subsidies that may be provided during the 2003-05 biennium at $12,800,000.
Hazardous substances and environmental cleanup
Under the Land Recycling Loan Program, this state provides loans to cities, villages, towns, and counties (political subdivisions) for projects to remedy environmental contamination at sites owned by political subdivisions where the environmental contamination has affected, or threatens to affect, groundwater or surface water. The loans are subsidized, so that recipients are not required to pay interest. The budget bill for each fiscal biennium establishes the present value of the subsidies that may be provided under the Land Recycling Loan Program during that fiscal biennium. This bill sets the present value of the Land Recycling Loan Program subsidies that may be provided during the 2003-05 biennium at $12,000,000.
For further information see the state and local 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:
