Amendment AA26-ASA1-AB150

AB150-ASA1-AA26, s. 6416vo Section 6416vo. 348.19 (2) (b) and (4) of the statutes are amended to read:

AB150-ASA1-AA26,364,2 348.19 (2) (b) If upon weighing a vehicle transporting livestock a traffic officer determines that the gross weight of the vehicle exceeds the limitations imposed by s. 348.15 or 348.16 or a limitation posted as provided in s. 348.17 (1), and if the point of apprehension is 15 miles or less from the destination of the vehicle, the traffic officer shall permit the operator of the vehicle to proceed to such destination without requiring the vehicle to be reloaded or unloaded as provided in par. (a). This paragraph does not apply to vehicles transporting livestock on the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

AB150-ASA1-AA26,364,7 (4) Subsection (1) (b) shall not apply to vehicles transporting peeled or unpeeled forest products on the national, interstate or defense highway systems, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

AB150-ASA1-AA26, s. 6416vr Section 6416vr. 348.27 (4), (9m) and (9r) of the statutes are amended to read:

AB150-ASA1-AA26,364,22 348.27 (4) Industrial interplant permits. The department may issue, to industries and to their agent motor carriers owning and operating oversize vehicles in connection with interplant, and from plant to state line, operations in this state, annual or consecutive month permits for the operation of such vehicles over designated routes, provided that such permit shall not be issued under this section to agent motor carriers or, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39, from plant to state line for vehicles or loads of width exceeding 102 inches upon routes of the national system of interstate and defense highways. If the routes desired to be used by the applicant involve city or village streets or county or town highways, the application shall be accompanied by a written statement of route approval by the officer in charge of maintenance of the highway in question. The exception for I 39 applies only to the extent permitted by federal law.

AB150-ASA1-AA26,365,8 (9m) Transportation of raw forest and agricultural products. The department may issue annual or consecutive month permits for the transportation of raw forest products or for the transportation of fruits or vegetables from field to storage or processing facilities in vehicles or vehicle combinations that exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000 pounds. A permit issued under this subsection does not authorize the operation of any vehicle or vehicle combination at a maximum gross weight in excess of 90,000 pounds. This subsection does not apply to highways designated as part of the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

AB150-ASA1-AA26,365,17 (9r) Transportation of scrap. The department may issue an annual or consecutive month permit for the transportation of metallic or nonmetallic scrap for the purpose of recycling or processing on a vehicle or combination of vehicles which exceeds statutory weight or length limitations and for the return of the vehicle or combination of vehicles when empty. This subsection does not apply to the transportation of scrap on highways designated as part of the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

AB150-ASA1-AA26, s. 6416vt Section 6416vt. 349.16 (1) (intro.), (a) and (b) of the statutes are amended to read:

AB150-ASA1-AA26,365,24 349.16 (1) (intro.) The officer in charge of maintenance in case of highways maintained by a town, city or village, the county highway commissioner or county highway committee in the case of highways maintained by the county and the department in the case of highways maintained by the state may do any of the following:

AB150-ASA1-AA26,366,4 (a) Impose special weight limitations on any such highway or portion thereof which, because of weakness of the roadbed due to deterioration or climatic conditions or other special or temporary condition, would likely be seriously damaged or destroyed in the absence of such special limitations; .

AB150-ASA1-AA26,366,7 (b) Impose special weight limitations on bridges or culverts when in its judgment such bridge or culvert cannot safely sustain the maximum weights permitted by statute;.

AB150-ASA1-AA26, s. 6416vw Section 6416vw. 349.16 (1) (d) of the statutes is created to read:

AB150-ASA1-AA26,366,12 349.16 (1) (d) Impose special weight limitations on any such highway or portion thereof used as a detour for a state trunk highway under s. 84.02 (10) (b) when such limitations are considered necessary to protect the public safety. This paragraph does not apply to highways maintained by the state.".

AB150-ASA1-AA26,366,14 676. Page 1959, line 23: delete the material beginning with that line and ending with page 1960, line 10.

AB150-ASA1-AA26,366,15 677. Page 1962, line 2: after that line insert:

AB150-ASA1-AA26,366,16 " Section 6441b. 406.104 (1) (c) of the statutes is amended to read:

AB150-ASA1-AA26,366,20 406.104 (1) (c) The transferee preserves the list and schedule for 6 months next following the transfer and permits inspection of either or both and copying therefrom at all reasonable hours by any creditor of the transferor, or files the list and schedule in with the office of the secretary of state department of financial institutions.

AB150-ASA1-AA26, s. 6442b Section 6442b. 409.105 (1) (dm) of the statutes is created to read:

AB150-ASA1-AA26,366,22 409.105 (1) (dm) "Department" means the department of financial institutions.

AB150-ASA1-AA26, s. 6443b Section 6443b. 409.401 (1) (c) of the statutes is amended to read:

AB150-ASA1-AA26,367,2 409.401 (1) (c) In all other cases, in the office of the secretary of state with the department.

AB150-ASA1-AA26, s. 6444b Section 6444b. 409.401 (5) of the statutes is amended to read:

AB150-ASA1-AA26,367,8 409.401 (5) Notwithstanding the preceding subsections, and subject to s. 409.302 (3), the proper place to file in order to perfect a security interest in collateral, including fixtures, of a transmitting utility is the office of the secretary of state with the department. This filing constitutes a fixture filing under s. 409.313 as to the collateral described therein which is or is to become fixtures.

AB150-ASA1-AA26, s. 6445b Section 6445b. 409.402 (3m) of the statutes is amended to read:

AB150-ASA1-AA26,367,14 409.402 (3m) The secretary of state department shall prescribe by rule standard forms for filing a financing statement, continuation statement, termination statement, statement of assignment or statement of release. A filing officer may refuse to accept statements not on the required form or not containing information required under sub. (1).".

AB150-ASA1-AA26,367,15 678. Page 1963, line 6: after that line insert:

AB150-ASA1-AA26,367,16 " Section 6448b. 409.403 (5) (a) 1. of the statutes is amended to read:

AB150-ASA1-AA26,367,24 409.403 (5) (a) 1. The fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement is $8 if the statement is on the standard form prescribed by the secretary of state department and is $16 if the statement is not on the standard form or if additional pages are attached to the standard form. The fee for filing an original financing statement subject to s. 409.402 (5) is $10 if the statement is on the standard form and is $20 if the statement is not on the standard form or if additional pages are attached to the standard form.

AB150-ASA1-AA26, s. 6449b Section 6449b. 409.403 (5) (a) 2. of the statutes is amended to read:

AB150-ASA1-AA26,368,7 409.403 (5) (a) 2. The fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an amendment or a continuation statement is $5 if the amendment or statement is on the standard form prescribed by the secretary of state department and is $10 if the amendment or statement is not on the standard form or if additional pages are attached to the standard form.

AB150-ASA1-AA26, s. 6450b Section 6450b. 409.403 (5) (a) 3. of the statutes, as affected by 1993 Wisconsin Act 452, is amended to read:

AB150-ASA1-AA26,368,13 409.403 (5) (a) 3. A register of deeds shall forward $3 to the office of the secretary of state department for each original financing statement filed with the office of the register of deeds under subd. 1. and for each amendment and each continuation statement filed with the office of the register of deeds under subd. 2.

AB150-ASA1-AA26, s. 6451b Section 6451b. 409.403 (5) (b) (title) of the statutes is amended to read:

AB150-ASA1-AA26,368,16 409.403 (5) (b) (title) Fees for filing with the office of the secretary of state department of financial institutions.

AB150-ASA1-AA26, s. 6452b Section 6452b. 409.403 (5) (b) 1. of the statutes is amended to read:

AB150-ASA1-AA26,368,22 409.403 (5) (b) 1. The fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement is $8 if the statement is on the standard form prescribed by the secretary of state department and is $16 if the statement is not on the standard form or if additional pages are attached to the standard form.

AB150-ASA1-AA26, s. 6453b Section 6453b. 409.403 (5) (b) 2. of the statutes is amended to read:

AB150-ASA1-AA26,369,4 409.403 (5) (b) 2. The fee for filing and indexing and for stamping a copy furnished by the secured party to show the date and place of filing for an amendment or a continuation statement is $5 if the amendment or statement is on the standard form prescribed by the secretary of state department and is $10 if the amendment or statement is not on the standard form or if additional pages are attached to the standard form.

AB150-ASA1-AA26, s. 6454b Section 6454b. 409.404 (1) (b) of the statutes is amended to read:

AB150-ASA1-AA26,369,17 409.404 (1) (b) (title) Requirement for filing termination statement with the office of secretary of state department of financial institutions. Except as provided in par. (c), if a financing statement is filed with the office of the secretary of state department, then within one month or within 10 days following written demand by the debtor after there is no outstanding secured obligation and no commitment to make advances, incur obligations or otherwise give value, the secured party must file with the office of the secretary of state department a termination statement to the effect that the secured party no longer claims a security interest under the financing statement, which shall be identified by file number. A termination statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record complying with s. 409.405 (2), including payment of the required fee.

AB150-ASA1-AA26, s. 6455b Section 6455b. 409.404 (1) (c) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,369,22 409.404 (1) (c) (title) Exceptions to requirement for filing termination statement with the office of the secretary of state department of financial institutions. (intro.) No termination statement needs to be filed with the office of the secretary of state department pursuant to par. (b) if:".

AB150-ASA1-AA26,369,23 679. Page 1963, line 17: after that line insert:

AB150-ASA1-AA26,369,24 " Section 6457b. 409.404 (3) (b) of the statutes is amended to read:

AB150-ASA1-AA26,370,5 409.404 (3) (b) (title) Fees for filing a termination statement with the office of the secretary of state department of financial institutions. There is no fee for a termination statement which is filed with the office of the secretary of state department and there is no fee for indexing any name in connection with the termination process.

AB150-ASA1-AA26, s. 6458b Section 6458b. 409.405 (1) of the statutes, as affected by 1993 Wisconsin Act 452, is amended to read:

AB150-ASA1-AA26,370,24 409.405 (1) An original financing statement may disclose an assignment of a security interest in the collateral described in the financing statement by indication in the financing statement of the name and address of the assignee or by an assignment itself or a copy thereof on the face or back of the statement. On presentation to the filing officer of such a financing statement the filing officer shall mark the same as provided in s. 409.403 (4). The fee for filing, indexing and stamping a copy furnished by the secured party to show the date and place of filing for an original financing statement so indicating an assignment is $8 if the statement is on the standard form prescribed by the secretary of state department and is $16 if the statement is not on the standard form or if additional pages are attached to the standard form. The fee for filing an original financing statement indicating an assignment and subject to s. 409.402 (5) is $10 if the statement is on the standard form and is $20 if the statement is not on the standard form or if additional pages are attached to the standard form. A register of deeds shall forward $3 to the office of the secretary of state department for each original financing statement indicating an assignment of a security interest that is filed with the office of the register of deeds.

AB150-ASA1-AA26, s. 6459b Section 6459b. 409.405 (2) of the statutes, as affected by 1993 Wisconsin Act 452, is amended to read:

AB150-ASA1-AA26,372,2 409.405 (2) A secured party may assign of record all or part of his or her rights under a financing statement by the filing in the place where the original financing statement was filed of a separate written statement of assignment signed by the secured party of record and setting forth the name of the secured party of record and the debtor, the file number and the date of filing of the financing statement and the name and address of the assignee and containing a description of the collateral assigned. A copy of the assignment is sufficient as a separate statement if it complies with the preceding sentence. On presentation to the filing officer of such a separate statement, the filing officer shall mark such separate statement with the date and hour of the filing. The officer shall note the assignment on the index of the financing statement, or in the case of a fixture filing, or a filing covering timber to be cut, or covering minerals or the like, including oil and gas, or accounts subject to s. 409.103 (5), the officer shall index the assignment under the name of the assignor as grantor and, to the extent that the law of this state provides for indexing the assignment of a mortgage under the name of the assignee, the officer shall index the assignment of the financing statement under the name of the assignee. The fee for filing, indexing and furnishing filing data about such a separate statement of assignment is $5 if the statement is on the standard form prescribed by the secretary of state department and is $10 if the statement is not on the standard form or if additional pages are attached to the standard form. A register of deeds shall forward $3 to the office of the secretary of state department for each statement of assignment filed with the office of the register of deeds. Notwithstanding this subsection, an assignment of record of a security interest in a fixture contained in a mortgage effective as a fixture filing under s. 409.402 (6) may be made only by an assignment of the mortgage in the manner provided by the law of this state other than chs. 401 to 411.

AB150-ASA1-AA26, s. 6460b Section 6460b. 409.406 of the statutes, as affected by 1993 Wisconsin Act 452, is amended to read:

AB150-ASA1-AA26,372,21 409.406 Release of collateral; duties of filing officer; fees. A secured party of record may by his or her signed statement release all or a part of any collateral described in a filed financing statement. The statement of release is sufficient if it contains a description of the collateral being released, the name and address of the debtor, the name and address of the secured party, and the file number of the financing statement. A statement of release signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with s. 409.405 (2), including payment of the required fee. Upon presentation of such a statement of release to the filing officer, the officer shall mark the statement with the hour and date of filing and shall note the same upon the margin of the index of the filing of the financing statement. The fee for filing and noting such a statement of release is $5 if the statement is on the standard form prescribed by the secretary of state department and is $10 if the statement is not on the standard form or if additional pages are attached to the standard form. A register of deeds shall forward $3 to the office of the secretary of state department for each statement of release filed with the office of the register of deeds.".

AB150-ASA1-AA26,372,22 680. Page 1963, line 23: after that line insert:

AB150-ASA1-AA26,372,24 " Section 6462b. 409.407 (2) (c) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA1-AA26,373,5 409.407 (2) (c) For providing any service under par. (a) or (b) in an expeditious manner, the secretary of state department may charge and collect an expedited service fee of $25 in addition to any fee required under par. (a) or (b). Only one expedited service fee may be charged for multiple identical certificates if the certificates are requested at the same time and issued at the same time.".

AB150-ASA1-AA26,373,6 681. Page 1964, line 5: after that line insert:

AB150-ASA1-AA26,373,7 " Section 6464b. 409.410 (1) of the statutes is amended to read:

AB150-ASA1-AA26,373,11 409.410 (1) The office of the secretary of state department and the office of each register of deeds in this state shall establish and maintain at least one computer terminal allowing the direct entry into permanent computer storage and the direct retrieval from permanent computer storage of information under sub. (2).

AB150-ASA1-AA26, s. 6465b Section 6465b. 409.410 (2) of the statutes is amended to read:

AB150-ASA1-AA26,373,19 409.410 (2) Beginning 30 days after notification by the secretary of state department, each filing officer shall enter all information contained in all financing statements, amendments, termination statements, continuation statements, statements of assignment and statements of release submitted for filing, indexing or marking under ss. 409.401 to 409.408, including the date and time of filing these statements or amendments, into permanent computer storage by means of a computer terminal established and maintained under sub. (1).".

AB150-ASA1-AA26,373,20 682. Page 1964, line 9: after that line insert:

AB150-ASA1-AA26,373,21 " Section 6467b. 422.505 (1) (d) of the statutes is amended to read:

AB150-ASA1-AA26,373,24 422.505 (1) (d) The credit services organization's principal business address and the name and address of its agent in this state, other than the secretary of state department of financial institutions, who is authorized to receive service of process.".

AB150-ASA1-AA26,374,1 683. Page 1965, line 13: after that line insert:

AB150-ASA1-AA26,374,2 " Section 6470y. 426.110 (4) (b) of the statutes is amended to read:

AB150-ASA1-AA26,374,7 426.110 (4) (b) Such notice shall be in writing and shall be sent by certified or registered mail, return receipt requested, to such person at the place where the transaction occurred, such person's principal place of business within this state, or, if neither will effect actual notice, the office of the secretary of state of this state department of financial institutions.".

AB150-ASA1-AA26,374,8 684. Page 1969, line 19: after that line insert:

AB150-ASA1-AA26,374,9 " Section 6472g. 440.03 (7) of the statutes is amended to read:

AB150-ASA1-AA26,374,16 440.03 (7) The department shall establish the style, content and format of all credentials and of all forms for applying to the department for renewal of any credential issued under chs. 440 to 480. When establishing the format of credential renewal application forms, the department shall provide a place on the form for the information required under s. 440.08 (2g) (b). Upon request of any person who holds a credential and payment of a $10 fee, the department may issue a wall certificate signed by the governor.

AB150-ASA1-AA26, s. 6472j Section 6472j. 440.03 (12) of the statutes is created to read:

AB150-ASA1-AA26,374,20 440.03 (12) The department shall establish a procedure for making the determination under s. 440.08 (2r) concerning the liability of credential holders for delinquent taxes.".

AB150-ASA1-AA26,374,21 685. Page 1981, line 15: after that line insert:

AB150-ASA1-AA26,374,22 " Section 6567j. 440.08 (2) (c) of the statutes is amended to read:

AB150-ASA1-AA26,375,2 440.08 (2) (c) Renewal applications shall be submitted to the department on a form provided by the department that complies with sub. (2g) and, except as provided in sub. (3), shall include the applicable renewal fee specified in pars. (a) and (b).

AB150-ASA1-AA26, s. 6567k Section 6567k. 440.08 (2g) of the statutes is created to read:

AB150-ASA1-AA26,375,6 440.08 (2g) Credential renewal application form. (a) The department shall establish a credential renewal application form for use by all credential holders who apply to renew a credential issued under chs. 440 to 480.

AB150-ASA1-AA26,375,8 (b) The form established under par. (a) shall require the applicant to do all of the following:

AB150-ASA1-AA26,375,9 1. If the applicant is a natural person, provide his or her social security number.

AB150-ASA1-AA26,375,11 2. If the applicant is not a natural person, provide its federal employer identification number.

AB150-ASA1-AA26,375,13 3. Sign a statement attesting that the applicant is not liable for any delinquent taxes owed to this state.

AB150-ASA1-AA26,375,17 (c) The department may not disclose a social security number obtained from an applicant for credential renewal on a form established under par. (a) to any person except to the department of revenue for the sole purpose of making the determination required under sub. (2r).

AB150-ASA1-AA26, s. 6567L Section 6567L. 440.08 (2r) of the statutes is created to read:

AB150-ASA1-AA26,375,23 440.08 (2r) Determination concerning delinquent taxes. Before granting an application to renew any credential issued under chs. 440 to 480, the department shall determine, in accordance with the procedure established under s. 440.03 (12), whether the applicant for the credential renewal is liable for any delinquent taxes owed to this state.".

AB150-ASA1-AA26,375,24 686. Page 1981, line 24: after that line insert:

AB150-ASA1-AA26,376,2 " Section 6572b. 440.08 (4) of the statutes is renumbered 440.08 (4) (a) and amended to read:

AB150-ASA1-AA26,376,15 440.08 (4) (a) (title) Generally. If the department or the interested examining board or affiliated credentialing board, as appropriate, determines that an applicant for renewal has failed to comply with sub. (2) (c) or (3) or with any other applicable requirement for renewal established under chs. 440 to 480 or that the denial of an application for renewal of a credential is necessary to protect the public health, safety or welfare, the department, examining board or affiliated credentialing board may summarily deny the application for renewal by mailing to the holder of the credential a notice of denial that includes a statement of the facts or conduct that warrant the denial and a notice that the holder may, within 30 days after the date on which the notice of denial is mailed, file a written request with the department to have the denial reviewed at a hearing before the department, if the department issued the credential, or before the examining board or affiliated credentialing board that issued the credential.

AB150-ASA1-AA26, s. 6572c Section 6572c. 440.08 (4) (b) of the statutes is created to read:

AB150-ASA1-AA26,376,21 440.08 (4) (b) Failure to pay delinquent taxes. If the department determines under sub. (2r) that an applicant for credential renewal is liable for any delinquent taxes owed to this state or if an applicant does not complete the information on the credential renewal application form that is required under sub. (2g) (b), the department shall deny the applicant's application for credential renewal.".

AB150-ASA1-AA26,376,22 687. Page 1984, line 2: after that line insert:

AB150-ASA1-AA26,376,23 " Section 6586b. 440.47 (5) of the statutes is amended to read: