AB150-ASA1-AA26,298,124
188.22
(1) Any post, county or district council or department of the Jewish War
5Veterans organized in this state pursuant to the constitution, bylaws and rules and
6regulations of said organization shall have full corporate powers to transact business
7in this state and to take over the assets and liabilities of the existing posts, units,
8county or district councils or departments upon filing with the
secretary of state 9department of financial institutions a statement of its intent to do so and a full and
10complete list of its duly elected officers. By so doing such organization shall become
11a body corporate. No filing fee shall be charged by the
secretary of state department
12of financial institutions.
AB150-ASA1-AA26,298,2414
188.23
(1) Any post, county or district council or department of the Polish
15Legion of American Veterans (P.L.A.V.) organized in this state pursuant to the
16constitution, bylaws and rules and regulations of said organization, and any unit,
17county or district council or department of the auxiliary of the Polish Legion of
18American Veterans, shall have full corporate powers to transact business in this
19state and to take over the assets and liabilities of the existing posts, units, county or
20district councils or departments upon filing with the
secretary of state department
21of financial institutions a statement of its intent to do so and a full and complete list
22of its duly elected officers. By so doing such organization shall become a body
23corporate. No filing fee shall be charged by the
secretary of state department of
24financial institutions.
AB150-ASA1-AA26,299,9
1188.235
(1) Any post, county or district council or department of the Army and
2Navy Union of the U.S.A. organized in this state pursuant to the constitution, bylaws
3and rules and regulations of said organization shall have full corporate powers to
4transact business in this state and to take over the assets and liabilities of the
5existing posts, units, county or district councils or departments upon filing with the
6secretary of state department of financial institutions a statement of its intent to do
7so and a full and complete list of its duly elected officers. By so doing such
8organization shall become a body corporate. No filing fee shall be charged by the
9secretary of state department of financial institutions.
AB150-ASA1-AA26,299,1911
188.24
(1) Any post, county or district council or department of the Catholic
12War Veterans organized in this state pursuant to the constitution, bylaws and rules
13and regulations of said organization shall have full corporate powers to transact
14business in this state and to take over the assets and liabilities of the existing posts,
15units, county or district councils or departments upon filing with the
secretary of
16state department of financial institutions a statement of its intent to do so and a full
17and complete list of its duly elected officers. By so doing such organization shall
18become a body corporate. No filing fee shall be charged by the
secretary of state 19department of financial institutions.
AB150-ASA1-AA26,300,5
21188.25 Annual reports of veterans' organizations. The state organization
22of any veterans' society or society affiliate which has a unit incorporated under this
23chapter shall file with the
secretary of state department of financial institutions on
24or before January 1 an annual report showing the elected officers of the state
25organization. No filing fee shall be charged. The secretary of any such state
1organization shall on request furnish the
secretary of state department of financial
2institutions information about subordinate units. If any veterans' society or society
3affiliate has no state organization each unit incorporated under this chapter shall file
4an annual report of the elected officers with the
secretary of state department of
5financial institutions on or before January 1.
AB150-ASA1-AA26,300,17
7188.26 Veterans; corporations. Whenever any corporation is formed under
8ch. 180 or 181 or this chapter for the purpose of assisting any veteran, as defined in
9s. 45.37 (1a), or operating social clubs in which the name "veteran" appears, the
10secretary of state department of financial institutions shall investigate the same to
11ascertain the character thereof, and whether or not the same has been procured by
12fraudulent representation or concealment of any material fact relating to such
13veteran's name, purpose, membership, organization, management or control or
14other material fact. If the
secretary of state department of financial institutions so
15finds, such findings, misrepresentation or concealment shall be reported to the
16attorney general, and the attorney general thereupon shall as provided in s. 776.35
17bring an action to vacate or annul the corporate charter.".
AB150-ASA1-AA26,300,2420
190.01
(4) A railroad that is incorporated in another state is not required to
21form a corporation in this state, but any railroad first transacting business in this
22state after January 1, 1994, is required to obtain a certificate of authority from the
23secretary of state department of financial institutions in the manner required of
24foreign corporations before the railroad transacts business in this state.
AB150-ASA1-AA26,302,52
190.02
(9) (c) Any railroad corporation organized to and which shall acquire,
3directly or by mesne conveyances, the property of another railroad corporation sold
4in judicial proceedings, or any railroad corporation reorganized under the federal
5bankruptcy act which corporation under a plan of reorganization as confirmed by the
6act, shall have been authorized to put into effect and carry out said plan, or any new
7railroad corporation which shall be organized for the like purpose, shall have all
8powers by law conferred upon railroad corporations, and may, at such times, in such
9amounts, for such considerations and upon such terms and conditions as the board
10of directors of said corporation shall determine, and as shall be authorized by the
11office, or in the case of a railroad corporation organized for the purpose of acquiring
12a railroad engaged in interstate commerce, or any existing railroad corporation
13reorganized under the act and acquiring railroad property used in interstate
14commerce, by the interstate commerce commission, as the case may be, issue, sell,
15pledge or otherwise dispose of its evidences of debt, which may be convertible, at the
16option of the holder, into stock, and shares of stock, which shares may have such
17nominal or par value or if the same be common stock, be without nominal or par
18value, and may be of such classes, with such rights and voting powers as may be
19expressed in its articles or any amendment thereto. In the case of a railroad
20corporation reorganized as aforesaid, the filing with the
secretary of state 21department of financial institutions of a certified copy of the plan of reorganization
22as confirmed by the federal bankruptcy act, if it shall so elect, shall accomplish and
23evidence the amendment of its charter or articles of incorporation without the
24necessity for any other or further action, corporate or otherwise, with respect thereto.
25Such reorganized railroad corporation shall thereupon have all powers necessary to
1put into effect and carry out such plan of reorganization in all respects but such filing
2of the plan of reorganization shall not preclude such existing corporation from
3amending its charter or articles in the manner now provided by law. The fees for
4filing such copy of plan of reorganization shall be the same as prescribed in s. 190.01
5(3).
AB150-ASA1-AA26,302,197
190.051
(1) Any railroad corporation may extend its road from any point named
8in its charter or articles of organization, or may build branch roads from any point
9on its line or from any point on the line of any other road connected or to be connected
10with its road, the use of which other road between such points and the connection
11with its own road such corporation shall have secured for a term of not less than ten
12years. Before making such extension or building any such branch road such
13corporation shall, by resolution of its directors, to be entered in the record of its
14proceedings, designate the route of such proposed extension or branch, and file, for
15record, a copy of such record, certified by the president and secretary,
in the office of
16the secretary of state with the department of financial institutions. Thereupon such
17corporation shall have all the rights and privileges to make such extension or build
18such branch and receive aid thereto which it would have had if it had been authorized
19in its charter or articles of organization.
AB150-ASA1-AA26,303,921
190.06
(1) Any railroad corporation existing under the laws of this state, or by
22consolidation under said laws and the laws of other states, may consolidate with any
23other railroad corporation, and possess all of the powers, franchises and immunities,
24and be subject to all the liabilities and restrictions of railroad corporations generally,
25and such, in addition, as the combining corporations peculiarly possessed or were
1subject to at the time of consolidation. Articles of consolidation shall be approved by
2each corporation, by a vote of a majority of the stock at an annual meeting or at a
3special meeting called for that purpose or by the consent in writing of the holders of
4a majority of the stock annexed to such articles; and such articles, with a copy of the
5records of such approval or such consent and accompanied by lists of the stockholders
6and the number of shares held by each, duly certified by their respective presidents
7and secretaries, shall be filed for record
in the office of the secretary of state with the
8department of financial institutions before any such consolidation shall have
9validity or effect.
AB150-ASA1-AA26,303,1611
190.11
(1) Every conveyance or lease, deed of trust, mortgage or satisfaction
12thereof made by any railroad corporation shall be executed and acknowledged in the
13manner in which conveyances of real estate by corporations are required to be to
14entitle the same to be recorded, and shall be filed
in the office of the secretary of state,
15who with the department of financial institutions, which shall endorse thereon
16"filed" and the date of filing.
AB150-ASA1-AA26,303,1918
190.11
(3) The
secretary of state
department of financial institutions shall
19collect a fee of $1 per page filed under sub. (1).
AB150-ASA1-AA26,304,221
190.11
(4) The
secretary of state
department of financial institutions shall
22collect a fee at the rate under s. 77.22 and, on or before the 15th day of the month after
23the fee is collected, shall remit that fee to the department of administration for
24deposit in the general fund
and transmit a copy of the return associated with that
1return to the department of revenue. Sections 77.21, 77.22 and 77.25 to 77.27 apply
2to the fee under this subsection.
AB150-ASA1-AA26,304,13
4190.13 Report to stockholders. Every railroad corporation shall make an
5annual report to its stockholders of its operations for the preceding calendar year, or
6for its fiscal year, as the case may be, which report shall contain a balance sheet
7showing its assets and liabilities, its capital stock, and funded debt, and an income
8account showing its operating revenues, operating expenses, gross and net income,
9as the result of its traffic or business operations, and such other information in
10respect of its affairs as the board of directors shall deem advisable. A copy of each
11such report shall be kept on file in its principal office in this state, shall be mailed
12to each stockholder whose post-office address is known and shall be filed with the
13office of the commissioner of railroads department of financial institutions.
AB150-ASA1-AA26,305,315
191.10
(1) Issuance, filing, recording, condemnation. If the office of the
16commissioner of railroads finds that the proposed railroad would be a public
17convenience and that a necessity requires its construction, the office of the
18commissioner of railroads shall enter an order to that effect and issue to the applicant
19a certificate that public convenience and a necessity require the construction of the
20railroad as proposed. The certificate shall be filed in the office of the
secretary of state 21department of financial institutions and the
office of the secretary of state 22department of financial institutions shall approve the map showing the route of the
23railroad. The applicant shall record the map certified by the office of the
24commissioner of railroads in the office of the register of deeds in each county in which
25the railroad shall be located. The filing of the certificate with the
secretary of state
1department of financial institutions and the recording of the map, as above provided,
2are conditions precedent to the right of the applicant to institute condemnation
3proceedings.
AB150-ASA1-AA26,306,16
5192.71 Lands may be sold; proceedings if terms of grant not complied
6with. Any railroad corporation upon which any lands granted to this state shall have
7been conferred to aid in the construction of any railroad may sell, assign and transfer
8the lands so conferred upon it or any portion thereof to any other railroad corporation
9which shall by law have the right to construct a railroad along and upon the line or
10any portion of the line upon which such lands are applicable under the grant of this
11state upon such terms and conditions as it shall fix; provided, that the corporation
12receiving such lands shall be bound to construct the part of the line of railroad to aid
13in the construction of which the lands were granted to this state, to which the
14assigned lands are applicable according to the terms of the grant by congress, and
15to comply fully with all conditions and requirements contained in the act in and by
16which the state conferred said lands upon said corporation. The terms and
17conditions of every such transfer shall be embodied in an agreement in writing,
18which shall be recorded
in the office of the secretary of state with the department of
19financial institutions; and provided further, that no such transfer or assignment
20shall be of any force or effect until two-thirds of the full-paid stockholders of the
21corporation making the same shall have assented in writing thereto and until such
22assent shall have been filed with the
secretary of state department of financial
23institutions. Whenever any grant of lands shall have been or shall hereafter be made
24to any corporation to aid in the construction of a railroad upon condition that such
25road or any portion thereof shall be completed within the period of time or times fixed
1or limited by the act or acts making such grant or grants or by any act or acts
2amendatory thereof, and such corporation shall have failed or shall hereafter fail to
3complete such railroad or any part or portions thereof within the time or times fixed
4or limited by such act or acts, it shall be the duty of the attorney general of the state
5to immediately institute, if the legislature shall not have revoked said grant,
6proceedings against such corporation in the supreme court of the state to ascertain
7judicially the facts in the premises, and if it shall appear that such corporation has
8failed to complete its railway or any portion thereof within the time limited by said
9act or acts, or has otherwise committed a breach of the condition or conditions upon
10which said grant was conferred upon it, or of the requirements of said act, judgment
11shall be entered in behalf of the state forfeiting, vacating and setting aside such grant
12or grants and annulling all rights and interest of such corporation in and to all lands
13granted to it and not fully earned and restoring such lands to the state, and such
14corporation shall thereafter be barred and foreclosed of all rights and interests in or
15to the lands so adjudged to be forfeited and restored to the state, and of all right to
16in any manner thereafter acquire the same.".
AB150-ASA1-AA26,307,135
218.01
(2) (bd) 1g. The manufacturer, distributor or importer shall send a
6notice of discontinuation or cancellation by certified mail, and forward a copy of the
7notice to the department, not less than 20 days before the effective date of
8discontinuation or cancellation of the agreement, if the dealer or distributor fails to
9conduct its customary sales and service operations during its customary business
10hours for 7 consecutive business days unless the failure is caused by an act of God,
11by work stoppage or delays due to strikes or labor disputes or other reason beyond
12the dealer's or distributor's control or by an order of the department or the
office of
13the commissioner of transportation division of hearings and appeals.
AB150-ASA1-AA26, s. 5847g
14Section 5847g. 218.01 (2) (bd) 1g. of the statutes, as affected by 1995
15Wisconsin Act .... (this act), is repealed and recreated to read:
AB150-ASA1-AA26,307,2416
218.01
(2) (bd) 1g. The manufacturer, distributor or importer shall send a
17notice of discontinuation or cancellation by certified mail, and forward a copy of the
18notice to the department of transportation, not less than 20 days before the effective
19date of discontinuation or cancellation of the agreement, if the dealer or distributor
20fails to conduct its customary sales and service operations during its customary
21business hours for 7 consecutive business days unless the failure is caused by an act
22of God, by work stoppage or delays due to strikes or labor disputes or other reason
23beyond the dealer's or distributor's control or by an order of the department of
24transportation or the division of hearings and appeals.
AB150-ASA1-AA26,308,32
218.01
(2) (bd) 1r. The notice served upon a motor vehicle dealer under subds.
31. and 1g. is not effective unless it conspicuously displays the following statement:
AB150-ASA1-AA26,308,145
YOU HAVE THE RIGHT TO: 1) MEDIATE IF YOU OPPOSE THE
6PROPOSED TERMINATION OR NONRENEWAL OF YOUR FRANCHISE AND 2)
7A HEARING BY THE
OFFICE OF THE COMMISSIONER OF TRANSPORTATION 8division of hearings and appeals IF MEDIATION DOES NOT RESOLVE
9THE DISPUTE. TO PRESERVE THESE RIGHTS, YOU MUST TAKE CERTAIN
10STEPS ON OR BEFORE THE DATE THAT THE PROPOSED TERMINATION OR
11NONRENEWAL TAKES EFFECT. FOR FURTHER INFORMATION, CONSULT
12YOUR ATTORNEY OR CALL THE DEALER SECTION, WISCONSIN
13DEPARTMENT OF TRANSPORTATION, AT .... (insert area code and telephone
14number).".
AB150-ASA1-AA26,308,2417
218.01
(2c) (c) The ownership, operation or control of a dealership by a
18manufacturer, importer or distributor, or subsidiary thereof, which does not meet the
19conditions under par. (a) or (b), if the
office of the commissioner of transportation 20division of hearings and appeals determines, after a hearing on the matter at the
21request of any party, that there is no prospective independent dealer available to own
22and operate the dealership in a manner consistent with the public interest and that
23meets the reasonable standard and uniformly applied qualifications of the
24manufacturer, importer or distributor.".
AB150-ASA1-AA26,309,93
218.01
(3) (a) 24. Being a manufacturer, importer or distributor who fails to
4comply with the procedures in sub. (3x) regarding a dealer's request for approval of
5a change of ownership or executive management, transfer of its dealership assets to
6another person, adding another franchise at the same location as its existing
7franchise, or relocation of a franchise or who fails to comply with an order of the
office
8of the commissioner of transportation division of hearings and appeals issued under
9sub. (3x).".
AB150-ASA1-AA26,310,413
218.01
(3x) (b) 2. An affected grantor who does not approve of the proposed
14action shall, within 30 days after receiving the dealer's written notice of the proposed
15action or within 30 days after receiving all the information specified in a written list
16served on the dealer under subd. 1., whichever is later, file with the department and
17serve upon the dealer a written statement of the reasons for its disapproval. The
18reasons given for the disapproval or any explanation of those reasons by the
19manufacturer, distributor or importer shall not subject the manufacturer,
20distributor or importer to any civil liability unless the reasons given or explanations
21made are malicious and published with the sole intent to cause harm to the dealer
22or a transferee of the dealer. Failure to file and serve a statement within the
23applicable period shall, notwithstanding the terms of any agreement, constitute
24approval of the proposed action by the grantor. If an affected grantor files a written
1statement within the applicable period, the dealer may not voluntarily undertake
2the proposed action unless it receives an order permitting it to do so from the
office
3of the commissioner of transportation division of hearings and appeals under par. (c)
42.
AB150-ASA1-AA26, s. 5885m
5Section 5885m. 218.01 (3x) (b) 2. of the statutes, as affected by 1995 Wisconsin
6Act .... (this act), is repealed and recreated to read:
AB150-ASA1-AA26,310,217
218.01
(3x) (b) 2. An affected grantor who does not approve of the proposed
8action shall, within 30 days after receiving the dealer's written notice of the proposed
9action or within 30 days after receiving all the information specified in a written list
10served on the dealer under subd. 1., whichever is later, file with the department of
11transportation and serve upon the dealer a written statement of the reasons for its
12disapproval. The reasons given for the disapproval or any explanation of those
13reasons by the manufacturer, distributor or importer shall not subject the
14manufacturer, distributor or importer to any civil liability unless the reasons given
15or explanations made are malicious and published with the sole intent to cause harm
16to the dealer or a transferee of the dealer. Failure to file and serve a statement within
17the applicable period shall, notwithstanding the terms of any agreement, constitute
18approval of the proposed action by the grantor. If an affected grantor files a written
19statement within the applicable period, the dealer may not voluntarily undertake
20the proposed action unless it receives an order permitting it to do so from the division
21of hearings and appeals under par. (c) 2.
AB150-ASA1-AA26,311,523
218.01
(3x) (b) 3. A dealer who is served with a written statement by an affected
24grantor under subd. 2 may file with the department and the
office of the
25commissioner of transportation division of hearings and appeals and serve upon the
1affected grantor a complaint for the determination of whether there is good cause for
2permitting the proposed action to be undertaken. The
office of the commissioner of
3transportation division of hearings and appeals shall promptly schedule a hearing
4and decide the matter. The proposed action may not be undertaken pending the
5determination of the matter.
AB150-ASA1-AA26, s. 5886g
6Section 5886g. 218.01 (3x) (b) 3. of the statutes, as affected by 1995 Wisconsin
7Act .... (this act), is repealed and recreated to read:
AB150-ASA1-AA26,311,148
218.01
(3x) (b) 3. A dealer who is served with a written statement by an affected
9grantor under subd. 2. may file with the department of transportation and the
10division of hearings and appeals and serve upon the affected grantor a complaint for
11the determination of whether there is good cause for permitting the proposed action
12to be undertaken. The division of hearings and appeals shall promptly schedule a
13hearing and decide the matter. The proposed action may not be undertaken pending
14the determination of the matter.
AB150-ASA1-AA26,311,1816
218.01
(3x) (c) 1. (intro.) In determining if there is good cause for permitting
17a proposed action to be undertaken, the
office of the commissioner of transportation 18division of hearings and appeals may consider any relevant factor including:
AB150-ASA1-AA26,312,220
218.01
(3x) (c) 2. The decision of the
office of the commissioner of
21transportation division of hearings and appeals shall be in writing and shall contain
22findings of fact and a determination of whether there is good cause for permitting the
23proposed action to be undertaken. The decision shall include an order that the dealer
24be allowed or is not allowed to undertake the proposed action, as the case may be.
1The order may require fulfillment of appropriate conditions before and after the
2proposed action is undertaken.".
AB150-ASA1-AA26,312,145
218.01
(7m) (a) A licensee may not file a complaint or petition with the
office
6of the commissioner of transportation division of hearings and appeals or bring an
7action under sub. (9) (a), based on an alleged violation of this section by any other
8licensee or pursuant to sub. (3) (f) or (fm), (3c) or (3x), unless the licensee serves a
9demand for mediation upon the other licensee before or contemporaneous with the
10filing of the complaint or petition or the bringing of the action. A demand for
11mediation shall be in writing and served upon the other licensee by certified mail at
12an address designated for that licensee in the licensor's records. The demand for
13mediation shall contain a brief statement of the dispute and the relief sought by the
14licensee filing the demand.
AB150-ASA1-AA26,313,716
218.01
(7m) (c) The service of a demand for mediation under par. (a) shall stay
17the time for the filing of any complaint or petition with the
office of the commissioner
18of transportation division of hearings and appeals or for bringing an action under
19sub. (9) (a), based on an alleged violation of this section by the other licensee or
20pursuant to sub. (3) (f) or (fm), (3c) or (3x), until the representatives of both licensees
21have met with a mutually selected mediator for the purpose of attempting to resolve
22the dispute. If a complaint or petition is filed before the meeting, the
office of the
23commissioner of transportation division of hearings and appeals or the court shall
24enter an order suspending the proceeding or action until the meeting has occurred
1and may, upon the written stipulation of all parties to the proceeding or action that
2they wish to continue to mediate under this subsection, enter an order suspending
3the proceeding or action for as long a period as the
commissioner of transportation 4division of hearings and appeals or court considers to be appropriate. A suspension
5order issued under this paragraph may be revoked upon motion of any party or upon
6motion of the
office of the commissioner of transportation division of hearings and
7appeals or the court.".
AB150-ASA1-AA26,313,1510
218.165
(1) The importation of a primary housing unit for sale in this state by
11an out-of-state manufacturer is deemed an irrevocable appointment by that
12manufacturer of the
secretary of state department of financial institutions to be that
13manufacturer's true and lawful attorney upon whom may be served all legal
14processes in any action or proceeding against such manufacturer arising out of the
15importation of such primary housing unit into this state.
AB150-ASA1-AA26,313,2417
218.165
(2) The
secretary of state
department of financial institutions upon
18whom processes and notices may be served under this section shall, upon being
19served with such process or notice, mail a copy by registered mail to the out-of-state
20manufacturer at the nonresident address given in the papers so served. The original
21shall be returned with proper certificate of service attached for filing in court as proof
22of service. The service fee shall be $4 for each defendant so served. The
secretary
23of state department of financial institutions shall keep a record of all such processes
24and notices, which record shall show the day and hour of service.".
AB150-ASA1-AA26,315,618
226.025
(3) The appointment of the
secretary of state department of financial
19institutions or the designation of a resident agent as attorney for the service of
20summons, notice, pleadings or process under s. 180.1507 shall be applicable only to
21actions or proceedings against the foreign corporations described in this section
22(unless such corporations have been admitted to this state for purposes other than
23those mentioned in this section) where the cause of action or proceeding arises out
1of transactions between such foreign corporations and public utilities operating in
2this state with which such foreign corporations are affiliated; and to actions or
3proceedings by or before the public service commission or office of the commissioner
4of railroads involving the transactions described in sub. (1), or involving the relation
5between such foreign corporations and public utilities operating in this state with
6which they are affiliated.
AB150-ASA1-AA26,316,48
226.14
(1) No common law trust organized in this state, and no such trust
9formed or organized under or by authority of the laws of any state or foreign
10jurisdiction, for the purpose of doing business under a declaration of trust which
11shall have issued to five or more persons, or which shall sell or propose to sell
12beneficial interests, certificates or memberships therein, shall transact business, or
13acquire, hold or dispose of property in this state until the trustees named in said
14declaration of trust shall have caused to be filed
in the office of the secretary of state 15with the department of financial institutions the original declaration of trust, or a
16true copy thereof, and all amendments which may be made, verified as such by the
17affidavits of two of the signers thereof. A like verified copy of the declaration and
18such amendments, and a certificate of the
secretary of state department of financial
19institutions, showing the date when such declaration was filed and accepted by the
20secretary of state department of financial institutions within thirty days of such
21filing and acceptance, shall be recorded with the register of deeds of the county in
22which such trust has its principal office or place of business in this state. No such
23trust shall transact business in this state until such declaration or such copy thereof
24be left for record. The register of deeds shall forthwith transmit to the
secretary of
25state department of financial institutions a certificate stating the time when such
1copy was recorded and shall be entitled to a fee of twenty-five cents therefor, to be
2paid by the person presenting such papers for record. Upon receipt of such certificate
3the
secretary of state department of financial institutions shall issue to said trustees
4a certificate of filing.