Amendment AA26-ASA1-AB150

AB150-ASA1-AA26, s. 5045b Section 5045b. 188.12 (1) of the statutes is amended to read:

AB150-ASA1-AA26,292,11 188.12 (1) Any Grand Voiture or Voiture Locale of the La Societe des 40 Hommes et 8 Chevaux organized in this state pursuant to authority granted by La Societe Nationale des 40 Hommes et 8 Chevaux shall have full corporate power to transact business in this state and take over the assets and liabilities of the existing Voitures Locale and Grand Voiture of the state of Wisconsin, upon filing with the secretary of state department of financial institutions a statement of its intent so to do and a full and complete list of its duly elected officers. No filing fees shall be charged by the secretary of state department of financial institutions for so doing.

AB150-ASA1-AA26, s. 5046b Section 5046b. 188.13 (1) of the statutes is amended to read:

AB150-ASA1-AA26,292,24 188.13 (1) Any Red Arrow Club, composed exclusively of persons who were members of the 32nd Division at any time during World War I, members who served in the 32nd Division of the United States Army at any time in the period from October 10, 1940, to the termination of World War II as proclaimed by the President or the Congress, or members who served in the 32nd Division in Federal Service at any time in the period from October 15, 1961, to August 10, 1962, during the Berlin Crisis, organized in this state, shall have full corporate power to transact business in this state and to take over the assets and liabilities of the existing clubs in this state, upon filing with the secretary of state department of financial institutions a statement of its intent so to do, and a full and complete list of its duly elected officers, and shall by so doing become a body corporate. No filing fee shall be charged by the secretary of state department of financial institutions for so doing.

AB150-ASA1-AA26, s. 5047b Section 5047b. 188.14 of the statutes is amended to read:

AB150-ASA1-AA26,293,6 188.14 Corporate powers of the Military Order of the World Wars. Any chapter of the Military Order of the World Wars in this state shall have full corporate power to transact business in this state upon filing with the secretary of state department of financial institutions a full and complete list of its duly elected officers, and shall by so doing become a body corporate. No filing fees shall be charged by the secretary of state department of financial institutions for so doing.

AB150-ASA1-AA26, s. 5048b Section 5048b. 188.15 (1) of the statutes is amended to read:

AB150-ASA1-AA26,293,17 188.15 (1) Any detachment or state department of the Marine Corps League, organized and existing in this state pursuant to the acts of congress passed August 4, 1937, and the acts amendatory thereto, and any unit of the auxiliary of the Marine Corps League organized in this state and recognized by the local detachment, shall have full corporate power to transact business in this state, to take over the assets and liabilities of the existing detachments, units or departments, upon filing with the secretary of state department of financial institutions a statement of its intent so to do and a full and complete list of its duly elected officers, and shall by so doing become a body corporate. No filing fee shall be charged by the secretary of state department of financial institutions for so doing.

AB150-ASA1-AA26, s. 5049b Section 5049b. 188.16 (1) of the statutes is amended to read:

AB150-ASA1-AA26,294,5 188.16 (1) Any chapter, county or district council or department composed exclusively of persons who were awarded the medal known as the Purple Heart organized in this state pursuant to the constitution and bylaws of the national organization of the Military Order of the Purple Heart and any unit, county or district council or department of the auxiliary of the Military Order of the Purple Heart organized in this state shall have full corporate power to transact business in this state and to take over the assets and liabilities of the existing chapters, units, county or district councils, or departments upon filing with the secretary of state department of financial institutions a statement of its intent so to do and a full and complete list of its duly elected officers and thereupon it shall become a body corporate. No filing fee shall be charged by the secretary of state department of financial institutions for so doing.

AB150-ASA1-AA26, s. 5050b Section 5050b. 188.16 (4) of the statutes is amended to read:

AB150-ASA1-AA26,294,21 188.16 (4) Any chapter, county, district council, department or other unit of the Military Order of the Purple Heart or of the auxiliary of the Military Order of the Purple Heart which has become a body corporate under the provisions of this section may change its name or dissolve by the adoption of a written resolution to that effect, by a vote of a majority of its members present at a meeting called for that purpose and by filing the same as herein provided. Such resolution, with a certificate thereto affixed, signed by the commander and adjutant, or like or similar officers, stating the facts, including the date of the adoption of such resolution, the number of members present at such meeting, and the number of members who voted for the adoption of the resolution, shall be forwarded to and filed with the secretary of state department of financial institutions, and thereupon the name of such corporation shall be changed or the corporation shall cease to exist, as the case may be, except that in case of dissolution it shall continue to exist for the purpose of winding up its affairs. No fee shall be charged by the secretary of state department of financial institutions for such filing.

AB150-ASA1-AA26, s. 5051b Section 5051b. 188.17 (1) of the statutes is amended to read:

AB150-ASA1-AA26,295,5 188.17 (1) Any unit, department or auxiliary of the Navy Club of the United States of America organized in this state under 36 USC 140 to 140c shall have full corporate power to transact business in this state and to take over the assets and liabilities of existing navy clubs and navy club auxiliaries upon filing with the secretary of state department of financial institutions a statement of its intent so to do and a full and complete list of its duly elected officers and shall by so doing become a body corporate. No filing fee shall be charged by the secretary of state department of financial institutions for so doing.

AB150-ASA1-AA26, s. 5052b Section 5052b. 188.18 (1) of the statutes is amended to read:

AB150-ASA1-AA26,295,16 188.18 (1) The department of Wisconsin and any chapter or unit of the Reserve Officers Association of the United States, organized in this state pursuant to the constitution, bylaws and rules and regulations of such association or such department, shall have full corporate power to transact business in this state and to take over the assets and liabilities of the existing department, chapters or other units upon filing with the secretary of state department of financial institutions, a statement of its intention so to do, its name, location and a full and complete list of its duly elected officers, and by so doing shall become a body corporate. No filing fees shall be charged by the secretary of state department of financial institutions for so doing.

AB150-ASA1-AA26, s. 5053b Section 5053b. 188.18 (3) of the statutes is amended to read:

AB150-ASA1-AA26,296,2 188.18 (3) Any department, chapter or other unit which has become a body corporate under the provisions of this section, whenever its constitution or bylaws do not provide the manner in which its name shall be changed or the dissolution effected, may change its name or dissolve by a majority vote of its members at a meeting called for that purpose. A certificate signed by the president and secretary stating the facts shall be filed with the secretary of state department of financial institutions, and thereupon the name shall be changed or the corporation shall cease to exist except for the purpose of winding up its affairs. No filing fee shall be charged for such filing.

AB150-ASA1-AA26, s. 5054b Section 5054b. 188.19 (1) of the statutes is amended to read:

AB150-ASA1-AA26,296,14 188.19 (1) Any post, county, district council, and department of the American Veterans of World War II (AMVETS) organized in this state pursuant to the acts of congress passed July 23, 1947 and the acts amendatory thereto, and any unit, county or district council, and department of the auxiliary of the American Veterans of World War II (AMVETS) organized in this state, shall have full corporate power to transact business in this state and to take over the assets and liabilities of the existing posts, units, county or district councils, or departments upon filing with the secretary of state department of financial institutions a statement of its intent so to do, and a full and complete list of its duly elected officers, and shall by so doing become a body corporate. No filing fee shall be charged by the secretary of state department of financial institutions.

AB150-ASA1-AA26, s. 5055b Section 5055b. 188.20 of the statutes is amended to read:

AB150-ASA1-AA26,297,15 188.20 Changing names and dissolving units. Any post, county, district council, department or other unit of the American Veterans of World War II (AMVETS) or of the auxiliary of the American Veterans of World War II (AMVETS) which has become a body corporate under the provisions of s. 188.19 may change its name or dissolve by the adoption of a written resolution to that effect by a vote of a majority of its members present at a meeting called for that purpose and by filing the same as herein provided. Such resolution, with a certificate thereto affixed, signed by the commander and adjutant, or like or similar officers, stating the fact, including the date of the adoption of such resolution, the number of members present at such meeting, and the number of members who voted for the adoption of the resolution, shall be forwarded to and filed with the secretary of state department of financial institutions, and thereupon the name of such corporation shall be changed or the corporation shall cease to exist, as the case may be. Or any corporation formed under s. 188.19 may be dissolved by the filing of a certificate in the office of the secretary of state department of financial institutions reciting that such corporation has ceased to be a unit of the American Veterans of World War II (AMVETS) auxiliary. Such certificate shall be signed by the national commander and national adjutant of the American Veterans of World War II (AMVETS) or by the state commander and state adjutant of the American Veterans of World War II (AMVETS) department of Wisconsin. In the case of units of the auxiliary the certificates shall be signed by the national president and national secretary or the department president and department secretary. Corporations dissolved under this section shall continue to have corporate existence for the time and purposes specified in s. 181.65. No fee shall be charged by the secretary of state department of financial institutions for such filing.

AB150-ASA1-AA26, s. 5056b Section 5056b. 188.21 (1) of the statutes is amended to read:

AB150-ASA1-AA26,298,2 188.21 (1) The department of Wisconsin and any post, unit, barracks, department or auxiliary of the American Veterans of World War I of the U.S.A., Inc. organized in this state pursuant to the acts of congress passed July 18, 1958 (P.L. 85-530) (72 Stats. at Large pp. 370-375) and the acts amendatory thereto, shall have full corporate power to transact business in this state and to take over the assets and liabilities of the existing department of Wisconsin, posts, barracks, units, departments or auxiliaries of the Veterans of World War I of the U.S.A., Inc. upon filing with the secretary of state department of financial institutions a statement of its intent so to do, and a full and complete list of its duly elected officers, and shall by so doing become a body corporate. No filing fee shall be charged by the secretary of state department of financial institutions.

AB150-ASA1-AA26, s. 5057b Section 5057b. 188.22 (1) of the statutes is amended to read:

AB150-ASA1-AA26,298,12 188.22 (1) Any post, county or district council or department of the Jewish War Veterans organized in this state pursuant to the constitution, bylaws and rules and regulations of said organization shall have full corporate powers to transact business in this state and to take over the assets and liabilities of the existing posts, units, county or district councils or departments upon filing with the secretary of state department of financial institutions a statement of its intent to do so and a full and complete list of its duly elected officers. By so doing such organization shall become a body corporate. No filing fee shall be charged by the secretary of state department of financial institutions.

AB150-ASA1-AA26, s. 5058b Section 5058b. 188.23 (1) of the statutes is amended to read:

AB150-ASA1-AA26,298,24 188.23 (1) Any post, county or district council or department of the Polish Legion of American Veterans (P.L.A.V.) organized in this state pursuant to the constitution, bylaws and rules and regulations of said organization, and any unit, county or district council or department of the auxiliary of the Polish Legion of American Veterans, shall have full corporate powers to transact business in this state and to take over the assets and liabilities of the existing posts, units, county or district councils or departments upon filing with the secretary of state department of financial institutions a statement of its intent to do so and a full and complete list of its duly elected officers. By so doing such organization shall become a body corporate. No filing fee shall be charged by the secretary of state department of financial institutions.

AB150-ASA1-AA26, s. 5059b Section 5059b. 188.235 (1) of the statutes is amended to read:

AB150-ASA1-AA26,299,9 188.235 (1) Any post, county or district council or department of the Army and Navy Union of the U.S.A. organized in this state pursuant to the constitution, bylaws and rules and regulations of said organization shall have full corporate powers to transact business in this state and to take over the assets and liabilities of the existing posts, units, county or district councils or departments upon filing with the secretary of state department of financial institutions a statement of its intent to do so and a full and complete list of its duly elected officers. By so doing such organization shall become a body corporate. No filing fee shall be charged by the secretary of state department of financial institutions.

AB150-ASA1-AA26, s. 5060b Section 5060b. 188.24 (1) of the statutes is amended to read:

AB150-ASA1-AA26,299,19 188.24 (1) Any post, county or district council or department of the Catholic War Veterans organized in this state pursuant to the constitution, bylaws and rules and regulations of said organization shall have full corporate powers to transact business in this state and to take over the assets and liabilities of the existing posts, units, county or district councils or departments upon filing with the secretary of state department of financial institutions a statement of its intent to do so and a full and complete list of its duly elected officers. By so doing such organization shall become a body corporate. No filing fee shall be charged by the secretary of state department of financial institutions.

AB150-ASA1-AA26, s. 5061b Section 5061b. 188.25 of the statutes is amended to read:

AB150-ASA1-AA26,300,5 188.25 Annual reports of veterans' organizations. The state organization of any veterans' society or society affiliate which has a unit incorporated under this chapter shall file with the secretary of state department of financial institutions on or before January 1 an annual report showing the elected officers of the state organization. No filing fee shall be charged. The secretary of any such state organization shall on request furnish the secretary of state department of financial institutions information about subordinate units. If any veterans' society or society affiliate has no state organization each unit incorporated under this chapter shall file an annual report of the elected officers with the secretary of state department of financial institutions on or before January 1.

AB150-ASA1-AA26, s. 5062b Section 5062b. 188.26 of the statutes is amended to read:

AB150-ASA1-AA26,300,17 188.26 Veterans; corporations. Whenever any corporation is formed under ch. 180 or 181 or this chapter for the purpose of assisting any veteran, as defined in s. 45.37 (1a), or operating social clubs in which the name "veteran" appears, the secretary of state department of financial institutions shall investigate the same to ascertain the character thereof, and whether or not the same has been procured by fraudulent representation or concealment of any material fact relating to such veteran's name, purpose, membership, organization, management or control or other material fact. If the secretary of state department of financial institutions so finds, such findings, misrepresentation or concealment shall be reported to the attorney general, and the attorney general thereupon shall as provided in s. 776.35 bring an action to vacate or annul the corporate charter.".

AB150-ASA1-AA26,300,18 613. Page 1568, line 18: after that line insert:

AB150-ASA1-AA26,300,19 " Section 5067b. 190.01 (4) of the statutes is amended to read:

AB150-ASA1-AA26,300,24 190.01 (4) A railroad that is incorporated in another state is not required to form a corporation in this state, but any railroad first transacting business in this state after January 1, 1994, is required to obtain a certificate of authority from the secretary of state department of financial institutions in the manner required of foreign corporations before the railroad transacts business in this state.

AB150-ASA1-AA26, s. 5069b Section 5069b. 190.02 (9) (c) of the statutes is amended to read:

AB150-ASA1-AA26,302,5 190.02 (9) (c) Any railroad corporation organized to and which shall acquire, directly or by mesne conveyances, the property of another railroad corporation sold in judicial proceedings, or any railroad corporation reorganized under the federal bankruptcy act which corporation under a plan of reorganization as confirmed by the act, shall have been authorized to put into effect and carry out said plan, or any new railroad corporation which shall be organized for the like purpose, shall have all powers by law conferred upon railroad corporations, and may, at such times, in such amounts, for such considerations and upon such terms and conditions as the board of directors of said corporation shall determine, and as shall be authorized by the office, or in the case of a railroad corporation organized for the purpose of acquiring a railroad engaged in interstate commerce, or any existing railroad corporation reorganized under the act and acquiring railroad property used in interstate commerce, by the interstate commerce commission, as the case may be, issue, sell, pledge or otherwise dispose of its evidences of debt, which may be convertible, at the option of the holder, into stock, and shares of stock, which shares may have such nominal or par value or if the same be common stock, be without nominal or par value, and may be of such classes, with such rights and voting powers as may be expressed in its articles or any amendment thereto. In the case of a railroad corporation reorganized as aforesaid, the filing with the secretary of state department of financial institutions of a certified copy of the plan of reorganization as confirmed by the federal bankruptcy act, if it shall so elect, shall accomplish and evidence the amendment of its charter or articles of incorporation without the necessity for any other or further action, corporate or otherwise, with respect thereto. Such reorganized railroad corporation shall thereupon have all powers necessary to put into effect and carry out such plan of reorganization in all respects but such filing of the plan of reorganization shall not preclude such existing corporation from amending its charter or articles in the manner now provided by law. The fees for filing such copy of plan of reorganization shall be the same as prescribed in s. 190.01 (3).

AB150-ASA1-AA26, s. 5071b Section 5071b. 190.051 (1) of the statutes is amended to read:

AB150-ASA1-AA26,302,19 190.051 (1) Any railroad corporation may extend its road from any point named in its charter or articles of organization, or may build branch roads from any point on its line or from any point on the line of any other road connected or to be connected with its road, the use of which other road between such points and the connection with its own road such corporation shall have secured for a term of not less than ten years. Before making such extension or building any such branch road such corporation shall, by resolution of its directors, to be entered in the record of its proceedings, designate the route of such proposed extension or branch, and file, for record, a copy of such record, certified by the president and secretary, in the office of the secretary of state with the department of financial institutions. Thereupon such corporation shall have all the rights and privileges to make such extension or build such branch and receive aid thereto which it would have had if it had been authorized in its charter or articles of organization.

AB150-ASA1-AA26, s. 5072b Section 5072b. 190.06 (1) of the statutes is amended to read:

AB150-ASA1-AA26,303,9 190.06 (1) Any railroad corporation existing under the laws of this state, or by consolidation under said laws and the laws of other states, may consolidate with any other railroad corporation, and possess all of the powers, franchises and immunities, and be subject to all the liabilities and restrictions of railroad corporations generally, and such, in addition, as the combining corporations peculiarly possessed or were subject to at the time of consolidation. Articles of consolidation shall be approved by each corporation, by a vote of a majority of the stock at an annual meeting or at a special meeting called for that purpose or by the consent in writing of the holders of a majority of the stock annexed to such articles; and such articles, with a copy of the records of such approval or such consent and accompanied by lists of the stockholders and the number of shares held by each, duly certified by their respective presidents and secretaries, shall be filed for record in the office of the secretary of state with the department of financial institutions before any such consolidation shall have validity or effect.

AB150-ASA1-AA26, s. 5073b Section 5073b. 190.11 (1) of the statutes is amended to read:

AB150-ASA1-AA26,303,16 190.11 (1) Every conveyance or lease, deed of trust, mortgage or satisfaction thereof made by any railroad corporation shall be executed and acknowledged in the manner in which conveyances of real estate by corporations are required to be to entitle the same to be recorded, and shall be filed in the office of the secretary of state, who with the department of financial institutions, which shall endorse thereon "filed" and the date of filing.

AB150-ASA1-AA26, s. 5074b Section 5074b. 190.11 (3) of the statutes is amended to read:

AB150-ASA1-AA26,303,19 190.11 (3) The secretary of state department of financial institutions shall collect a fee of $1 per page filed under sub. (1).

AB150-ASA1-AA26, s. 5075b Section 5075b. 190.11 (4) of the statutes is amended to read:

AB150-ASA1-AA26,304,2 190.11 (4) The secretary of state department of financial institutions shall collect a fee at the rate under s. 77.22 and, on or before the 15th day of the month after the fee is collected, shall remit that fee to the department of administration for deposit in the general fund and transmit a copy of the return associated with that return to the department of revenue. Sections 77.21, 77.22 and 77.25 to 77.27 apply to the fee under this subsection.

AB150-ASA1-AA26, s. 5076b Section 5076b. 190.13 of the statutes is amended to read:

AB150-ASA1-AA26,304,13 190.13 Report to stockholders. Every railroad corporation shall make an annual report to its stockholders of its operations for the preceding calendar year, or for its fiscal year, as the case may be, which report shall contain a balance sheet showing its assets and liabilities, its capital stock, and funded debt, and an income account showing its operating revenues, operating expenses, gross and net income, as the result of its traffic or business operations, and such other information in respect of its affairs as the board of directors shall deem advisable. A copy of each such report shall be kept on file in its principal office in this state, shall be mailed to each stockholder whose post-office address is known and shall be filed with the office of the commissioner of railroads department of financial institutions.

AB150-ASA1-AA26, s. 5088b Section 5088b. 191.10 (1) of the statutes is amended to read:

AB150-ASA1-AA26,305,3 191.10 (1) Issuance, filing, recording, condemnation. If the office of the commissioner of railroads finds that the proposed railroad would be a public convenience and that a necessity requires its construction, the office of the commissioner of railroads shall enter an order to that effect and issue to the applicant a certificate that public convenience and a necessity require the construction of the railroad as proposed. The certificate shall be filed in the office of the secretary of state department of financial institutions and the office of the secretary of state department of financial institutions shall approve the map showing the route of the railroad. The applicant shall record the map certified by the office of the commissioner of railroads in the office of the register of deeds in each county in which the railroad shall be located. The filing of the certificate with the secretary of state department of financial institutions and the recording of the map, as above provided, are conditions precedent to the right of the applicant to institute condemnation proceedings.

AB150-ASA1-AA26, s. 5134b Section 5134b. 192.71 of the statutes is amended to read:

AB150-ASA1-AA26,306,16 192.71 Lands may be sold; proceedings if terms of grant not complied with. Any railroad corporation upon which any lands granted to this state shall have been conferred to aid in the construction of any railroad may sell, assign and transfer the lands so conferred upon it or any portion thereof to any other railroad corporation which shall by law have the right to construct a railroad along and upon the line or any portion of the line upon which such lands are applicable under the grant of this state upon such terms and conditions as it shall fix; provided, that the corporation receiving such lands shall be bound to construct the part of the line of railroad to aid in the construction of which the lands were granted to this state, to which the assigned lands are applicable according to the terms of the grant by congress, and to comply fully with all conditions and requirements contained in the act in and by which the state conferred said lands upon said corporation. The terms and conditions of every such transfer shall be embodied in an agreement in writing, which shall be recorded in the office of the secretary of state with the department of financial institutions; and provided further, that no such transfer or assignment shall be of any force or effect until two-thirds of the full-paid stockholders of the corporation making the same shall have assented in writing thereto and until such assent shall have been filed with the secretary of state department of financial institutions. Whenever any grant of lands shall have been or shall hereafter be made to any corporation to aid in the construction of a railroad upon condition that such road or any portion thereof shall be completed within the period of time or times fixed or limited by the act or acts making such grant or grants or by any act or acts amendatory thereof, and such corporation shall have failed or shall hereafter fail to complete such railroad or any part or portions thereof within the time or times fixed or limited by such act or acts, it shall be the duty of the attorney general of the state to immediately institute, if the legislature shall not have revoked said grant, proceedings against such corporation in the supreme court of the state to ascertain judicially the facts in the premises, and if it shall appear that such corporation has failed to complete its railway or any portion thereof within the time limited by said act or acts, or has otherwise committed a breach of the condition or conditions upon which said grant was conferred upon it, or of the requirements of said act, judgment shall be entered in behalf of the state forfeiting, vacating and setting aside such grant or grants and annulling all rights and interest of such corporation in and to all lands granted to it and not fully earned and restoring such lands to the state, and such corporation shall thereafter be barred and foreclosed of all rights and interests in or to the lands so adjudged to be forfeited and restored to the state, and of all right to in any manner thereafter acquire the same.".

AB150-ASA1-AA26,306,18 614. Page 1568, line 19: delete the material beginning with that line and ending with page 1570, line 2.

AB150-ASA1-AA26,306,20 615. Page 1570, line 21: delete the material beginning with that line and ending with page 1572, line 12.

AB150-ASA1-AA26,306,22 616. Page 1577, line 17: delete the material beginning with that line and ending with page 1579, line 7.

AB150-ASA1-AA26,306,24 617. Page 1680, line 4: restore the stricken material and delete the underscored material.

AB150-ASA1-AA26,307,1 618. Page 1716, line 3: delete lines 3 to 12.

AB150-ASA1-AA26,307,3 619. Page 1723, line 20: delete the material beginning with that line and ending with page 1724, line 4, and substitute:

AB150-ASA1-AA26,307,4 " Section 5847e. 218.01 (2) (bd) 1g. of the statutes is amended to read:

AB150-ASA1-AA26,307,13 218.01 (2) (bd) 1g. The manufacturer, distributor or importer shall send a notice of discontinuation or cancellation by certified mail, and forward a copy of the notice to the department, not less than 20 days before the effective date of discontinuation or cancellation of the agreement, if the dealer or distributor fails to conduct its customary sales and service operations during its customary business hours for 7 consecutive business days unless the failure is caused by an act of God, by work stoppage or delays due to strikes or labor disputes or other reason beyond the dealer's or distributor's control or by an order of the department or the office of the commissioner of transportation division of hearings and appeals.

AB150-ASA1-AA26, s. 5847g Section 5847g. 218.01 (2) (bd) 1g. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA1-AA26,307,24 218.01 (2) (bd) 1g. The manufacturer, distributor or importer shall send a notice of discontinuation or cancellation by certified mail, and forward a copy of the notice to the department of transportation, not less than 20 days before the effective date of discontinuation or cancellation of the agreement, if the dealer or distributor fails to conduct its customary sales and service operations during its customary business hours for 7 consecutive business days unless the failure is caused by an act of God, by work stoppage or delays due to strikes or labor disputes or other reason beyond the dealer's or distributor's control or by an order of the department of transportation or the division of hearings and appeals.

AB150-ASA1-AA26, s. 5847m Section 5847m. 218.01 (2) (bd) 1r. of the statutes is amended to read:

AB150-ASA1-AA26,308,3 218.01 (2) (bd) 1r. The notice served upon a motor vehicle dealer under subds. 1. and 1g. is not effective unless it conspicuously displays the following statement:

AB150-ASA1-AA26,308,4 NOTICE TO DEALER

AB150-ASA1-AA26,308,14 YOU HAVE THE RIGHT TO: 1) MEDIATE IF YOU OPPOSE THE PROPOSED TERMINATION OR NONRENEWAL OF YOUR FRANCHISE AND 2) A HEARING BY THE OFFICE OF THE COMMISSIONER OF TRANSPORTATION division of hearings and appeals IF MEDIATION DOES NOT RESOLVE THE DISPUTE. TO PRESERVE THESE RIGHTS, YOU MUST TAKE CERTAIN STEPS ON OR BEFORE THE DATE THAT THE PROPOSED TERMINATION OR NONRENEWAL TAKES EFFECT. FOR FURTHER INFORMATION, CONSULT YOUR ATTORNEY OR CALL THE DEALER SECTION, WISCONSIN DEPARTMENT OF TRANSPORTATION, AT .... (insert area code and telephone number).".

AB150-ASA1-AA26,308,15 620. Page 1729, line 11: after that line insert:

AB150-ASA1-AA26,308,16 " Section 5867m. 218.01 (2c) (c) of the statutes is amended to read:

AB150-ASA1-AA26,308,24 218.01 (2c) (c) The ownership, operation or control of a dealership by a manufacturer, importer or distributor, or subsidiary thereof, which does not meet the conditions under par. (a) or (b), if the office of the commissioner of transportation division of hearings and appeals determines, after a hearing on the matter at the request of any party, that there is no prospective independent dealer available to own and operate the dealership in a manner consistent with the public interest and that meets the reasonable standard and uniformly applied qualifications of the manufacturer, importer or distributor.".

AB150-ASA1-AA26,309,1 621. Page 1730, line 24: after that line insert:

AB150-ASA1-AA26,309,2 " Section 5869m. 218.01 (3) (a) 24. of the statutes is amended to read:

AB150-ASA1-AA26,309,9 218.01 (3) (a) 24. Being a manufacturer, importer or distributor who fails to comply with the procedures in sub. (3x) regarding a dealer's request for approval of a change of ownership or executive management, transfer of its dealership assets to another person, adding another franchise at the same location as its existing franchise, or relocation of a franchise or who fails to comply with an order of the office of the commissioner of transportation division of hearings and appeals issued under sub. (3x).".

AB150-ASA1-AA26,309,11 622. Page 1736, line 16: delete the material beginning with that line and ending with page 1737, line 14, and substitute:

AB150-ASA1-AA26,309,12 " Section 5885g. 218.01 (3x) (b) 2. of the statutes is amended to read:

AB150-ASA1-AA26,310,4 218.01 (3x) (b) 2. An affected grantor who does not approve of the proposed action shall, within 30 days after receiving the dealer's written notice of the proposed action or within 30 days after receiving all the information specified in a written list served on the dealer under subd. 1., whichever is later, file with the department and serve upon the dealer a written statement of the reasons for its disapproval. The reasons given for the disapproval or any explanation of those reasons by the manufacturer, distributor or importer shall not subject the manufacturer, distributor or importer to any civil liability unless the reasons given or explanations made are malicious and published with the sole intent to cause harm to the dealer or a transferee of the dealer. Failure to file and serve a statement within the applicable period shall, notwithstanding the terms of any agreement, constitute approval of the proposed action by the grantor. If an affected grantor files a written statement within the applicable period, the dealer may not voluntarily undertake the proposed action unless it receives an order permitting it to do so from the office of the commissioner of transportation division of hearings and appeals under par. (c) 2.

AB150-ASA1-AA26, s. 5885m Section 5885m. 218.01 (3x) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA1-AA26,310,21 218.01 (3x) (b) 2. An affected grantor who does not approve of the proposed action shall, within 30 days after receiving the dealer's written notice of the proposed action or within 30 days after receiving all the information specified in a written list served on the dealer under subd. 1., whichever is later, file with the department of transportation and serve upon the dealer a written statement of the reasons for its disapproval. The reasons given for the disapproval or any explanation of those reasons by the manufacturer, distributor or importer shall not subject the manufacturer, distributor or importer to any civil liability unless the reasons given or explanations made are malicious and published with the sole intent to cause harm to the dealer or a transferee of the dealer. Failure to file and serve a statement within the applicable period shall, notwithstanding the terms of any agreement, constitute approval of the proposed action by the grantor. If an affected grantor files a written statement within the applicable period, the dealer may not voluntarily undertake the proposed action unless it receives an order permitting it to do so from the division of hearings and appeals under par. (c) 2.

AB150-ASA1-AA26, s. 5886d Section 5886d. 218.01 (3x) (b) 3. of the statutes is amended to read:

AB150-ASA1-AA26,311,5 218.01 (3x) (b) 3. A dealer who is served with a written statement by an affected grantor under subd. 2 may file with the department and the office of the commissioner of transportation division of hearings and appeals and serve upon the affected grantor a complaint for the determination of whether there is good cause for permitting the proposed action to be undertaken. The office of the commissioner of transportation division of hearings and appeals shall promptly schedule a hearing and decide the matter. The proposed action may not be undertaken pending the determination of the matter.

AB150-ASA1-AA26, s. 5886g Section 5886g. 218.01 (3x) (b) 3. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150-ASA1-AA26,311,14 218.01 (3x) (b) 3. A dealer who is served with a written statement by an affected grantor under subd. 2. may file with the department of transportation and the division of hearings and appeals and serve upon the affected grantor a complaint for the determination of whether there is good cause for permitting the proposed action to be undertaken. The division of hearings and appeals shall promptly schedule a hearing and decide the matter. The proposed action may not be undertaken pending the determination of the matter.

AB150-ASA1-AA26, s. 5886j Section 5886j. 218.01 (3x) (c) 1. (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,311,18 218.01 (3x) (c) 1. (intro.) In determining if there is good cause for permitting a proposed action to be undertaken, the office of the commissioner of transportation division of hearings and appeals may consider any relevant factor including:

AB150-ASA1-AA26, s. 5886m Section 5886m. 218.01 (3x) (c) 2. of the statutes is amended to read: