Amendment ASA1-AB100

AB100-ASA1, s. 2311 Section 2311. 168.01 (2) of the statutes is created to read:

AB100-ASA1,1379,13 168.01 (2) "Supplier" includes a person who imports, or acquires immediately upon import, petroleum products by pipeline or marine vessel from a state, territory or possession of the United States or from a foreign country into a terminal and who is registered under 26 USC 4101 for tax-free transactions in gasoline. "Supplier" also includes a person who produces in this state; or imports into a terminal or bulk plant; or acquires immediately upon import by truck, railcar or barge into a terminal; alcohol or alcohol derivative products. "Supplier" also includes a person who produces, manufactures or refines petroleum products in this state. "Supplier" also includes a person who acquires petroleum products pursuant to an industry terminal exchange agreement. "Supplier" does not include a retail dealer or wholesaler who merely blends alcohol with gasoline before the sale or distribution of the product and does not include a terminal operator who merely handles in a terminal petroleum products consigned to the terminal operator.

AB100-ASA1, s. 3119m Section 3119m. 168.11 (1) (b) 2. of the statutes is amended to read:

AB100-ASA1,1379,22 168.11 (1) (b) 2. A device that dispenses, for sale at retail, a reformulated gasoline, as defined in s. 285.37 (1), that contains an oxygenate other than ethanol shall be marked or labeled with the identity of the oxygenate at all times when the product is offered for sale. The label shall identify the oxygenate as "methyl tertiary butyl ether (MTBE)" or "ethyl tertiary butyl ether (ETBE)" or, if the reformulated gasoline contains another oxygenate or a combination of oxygenates, the label shall identify the oxygenate or oxygenates in the manner specified by the department by rule.

AB100-ASA1, s. 2312 Section 2312. 168.12 (1) of the statutes is amended to read:

AB100-ASA1,1380,6 168.12 (1) Except as provided in subs. (1g) and (1r), there is imposed a petroleum inspection fee at the rate of 3 cents per gallon on all petroleum products that are received, as defined in s. 78.07, by a supplier, as defined in s. 78.005 (14), for sale in this state or for sale for export to this state. The department of revenue shall determine when a petroleum product is received under this subsection in the same manner that it determines under s. 78.07 when motor vehicle fuel is received. The fee shall be paid under s. 168.125 and shall be based on the number of gallons reported under s. 168.125.

AB100-ASA1, s. 2313 Section 2313. 168.12 (6) of the statutes is created to read:

AB100-ASA1,1380,12 168.12 (6) (a) Any person who purchases in this state general aviation fuel, as defined in s. 78.55 (3), from a supplier is eligible for an allowance of 2 cents for each gallon of general aviation fuel purchased in excess of 1,000,000 gallons per month. A person who purchases general aviation fuel for resale is not eligible for the allowance.

AB100-ASA1,1380,16 (b) To receive an allowance, an eligible purchaser under par. (a) shall complete a claim upon a form that the department of revenue prescribes and furnishes and file the claim with the department of revenue not later than 12 months after the date of purchase of the general aviation fuel.

AB100-ASA1,1381,2 (c) The department of revenue shall investigate the correctness and veracity of the representations in the claim and may require a claimant to submit records to substantiate the claim. The department of revenue shall either allow or deny a claim under this subsection not later than 60 days after the filing of the claim. If the department of revenue allows the claim, it shall pay the claimant the amount allowed from the moneys appropriated under s. 20.855 (4) (r). If the department of revenue does not pay the allowance by the 90th day after the date on which the purchaser files the claim, the department of revenue shall also pay interest on the unpaid claim beginning on that day, at the rate of 9% per year, from the moneys appropriated under s. 20.855 (4) (r).

AB100-ASA1,1381,4 (d) If a purchaser negligently files a claim under this subsection that is inaccurate in whole or in part, the department of revenue shall:

AB100-ASA1,1381,6 1. If the department of revenue has not paid the claim but has allowed a portion of the claim, reduce the allowance by 25%.

AB100-ASA1,1381,12 2. If the department of revenue has paid the claim, require the purchaser to refund to the department of revenue that portion of the amount paid under par. (c) to which the purchaser is not entitled and impose a penalty on the purchaser equal to 25% of the allowance, plus interest on the sum of the unpaid penalty and the amount required to be refunded, accruing from the date that the penalty is imposed, at the rate of 12% per year.

AB100-ASA1,1381,14 (e) If a purchaser files a fraudulent claim under this subsection, the department of revenue shall:

AB100-ASA1,1381,18 1. If the claim has not been paid and the department of revenue allows no portion of the claim, impose a penalty on the purchaser equal to 50% of the amount claimed by the purchaser, plus interest on the unpaid penalty, accruing from the date that the penalty is imposed, at the rate of 12% per year.

AB100-ASA1,1381,20 2. If the claim has not been paid and the department of revenue allows a portion of the claim, reduce the allowance by 50%.

AB100-ASA1,1382,2 3. If the claim has been paid, require the purchaser to refund to the department of revenue that portion of the amount paid under par. (c) that the department of revenue determines was fraudulently obtained and impose a penalty on the purchaser equal to 50% of the amount claimed by the purchaser, plus interest on the sum of the unpaid penalty and the amount required to be refunded, accruing from the date that the penalty is imposed, at the rate of 12% per year.

AB100-ASA1,1382,4 (f) Any person who knowingly signs or verifies a fraudulent claim under par. (e) may be fined not more than $500 or imprisoned for not more than 30 days or both.

AB100-ASA1,1382,8 (g) Any person who knowingly aids, abets or assists another in making a fraudulent claim under par. (e) or in signing or verifying a fraudulent claim under par. (f) may be fined not more than $500 or imprisoned for not more than 30 days or both.

AB100-ASA1,1382,13 (h) With respect to imposing a penalty and requiring a refund under par. (d), the department of revenue shall give notice to the purchaser within 4 years after the date that the claim was filed. The department of revenue may impose a penalty and require a refund under par. (e) when the department of revenue discovers the fraud committed.

AB100-ASA1, s. 3121g Section 3121g. 170.12 (1) (b) of the statutes is amended to read:

AB100-ASA1,1382,19 170.12 (1) (b) "Log" means a portion of the trunk of a felled tree which has not been further processed for any end use, including any portion of a trunk of a tree previously used in substantially its natural state as part of a dock or crib but that is no longer part of a dock, a crib or any discernible structure, or is part of the debris field of a dock or crib.

AB100-ASA1, s. 3121r Section 3121r. 170.12 (3) (intro.) of the statutes is amended to read:

AB100-ASA1,1383,2 170.12 (3) (title) Application to remove sunken logs in Lake Michigan or Lake Superior. (intro.) A person wishing to raise and remove logs in Lake Michigan or Lake Superior that are resting on submerged lands owned by the state shall make application to the board for a permit to do so. Unless the applicant has received a permit under this section prior to the effective date of this subsection .... [revisor inserts date], the applicant shall include with the application a performance bond in the amount of at least $10,000. The application shall do all of the following:

AB100-ASA1, s. 2314 Section 2314. 170.12 (3) (d) of the statutes is amended to read:

AB100-ASA1,1383,6 170.12 (3) (d) Describe, in detail, the applicant's plans for the use and disposition of any logs raised, including any information necessary for or related to sub. (5).

AB100-ASA1, s. 3122m Section 3122m. 170.12 (3) (dm) of the statutes is created to read:

AB100-ASA1,1383,10 170.12 (3) (dm) If the applicant was not engaged in commercial log raising prior to the date of application, include a business plan approved by the department of commerce under s. 560.03 (23).

AB100-ASA1, s. 3123m Section 3123m. 170.12 (3) (g) of the statutes is amended to read:

AB100-ASA1,1383,12 170.12 (3) (g) Be accompanied by a $50 $500 application fee.

AB100-ASA1, s. 2315 Section 2315. 170.12 (5) (intro.) of the statutes is renumbered 170.12 (5) and amended to read:

AB100-ASA1,1383,21 170.12 (5) (title) Reservation of value; offset. The state reserves to itself 30% 20% of the appraised market value of any log raised pursuant to a permit issued under this section. Any applicant may, as part of the application under sub. (3), propose projects for the use of logs raised, and for the use of proceeds from logs raised and sold, as an offset to the state's share of the value of any logs raised. Any project proposed as the basis for an offset shall have demonstrated potential to do 2 or more of the following:

AB100-ASA1, s. 2316 Section 2316. 170.12 (5) (a) to (c) of the statutes are repealed.

AB100-ASA1, s. 3125g Section 3125g. 170.12 (6) (intro.) of the statutes is amended to read:

AB100-ASA1,1384,2 170.12 (6) Permit. (intro.) Within 60 days after receipt of an application under sub. (3), the board shall either approve, modify and approve or deny the application for a permit. A permit issued under this subsection shall be effective for a specified period, not to exceed one year, 5 years and shall specify all of the following:

AB100-ASA1, s. 3125r Section 3125r. 170.12 (6) (a) of the statutes is amended to read:

AB100-ASA1,1384,8 170.12 (6) (a) The boundaries of the location where sunken logs may be raised pursuant to the permit. The area covered by the permit shall be contiguous and may not exceed 160 acres. A permit may not cover submerged lands that are not contained within Lake Michigan or Lake Superior. No location may be covered by more than one permit under this section.

AB100-ASA1, s. 2317 Section 2317. 170.12 (6) (d) of the statutes is repealed.

AB100-ASA1, s. 3126e Section 3126e. 170.12 (6) (dm) of the statutes is created to read:

AB100-ASA1,1384,14 170.12 (6) (dm) That the applicant shall implement procedures to determine whether a raised log bears an American Indian tribal mark or brand, to identify the tribal mark or brand, and to track the value realized from the sale of logs separately for logs that bear a particular tribal mark or brand.

AB100-ASA1, s. 3126m Section 3126m. 170.12 (6) (e) of the statutes is amended to read:

AB100-ASA1,1384,19 170.12 (6) (e) The procedure and times when the permit holder shall tender to the board, on behalf of the state, any amounts due the state for its net share of the value of any logs raised. The amounts due the state for its net share of the value of logs described under par. (dm) shall be separately identified by tribal mark or brand.

AB100-ASA1, s. 3126p Section 3126p. 170.12 (6) (g) of the statutes is amended to read:

AB100-ASA1,1384,22 170.12 (6) (g) Any requirements imposed recommended under s. 44.47 (5r) (b) that the board determines should be a condition of the permit.

AB100-ASA1, s. 3126s Section 3126s. 170.12 (7) of the statutes is repealed and recreated to read:

AB100-ASA1,1385,13 170.12 (7) Permit renewal. If a permit holder wishes to renew a permit issued under this section, the permit holder shall submit a request for renewal, together with a $500 renewal fee, to the board at least 30 days before the expiration date of the permit. The board shall renew the permit for a 5-year period unless the board determines, after notice to the permit holder and an opportunity for the permit holder to be heard, that the permit holder has knowingly or wilfully violated the terms, conditions or requirements of the permit; this section; s. 44.47; or rules promulgated under this section or s. 44.47. If the board determines that there are environmental or archaeological facts affecting the location specified in the permit that were unknown at the time that the original permit was granted, the board may attach additional conditions or restrictions to the permit. If the board determines that the permit holder has knowingly or wilfully violated the terms, conditions or requirements of the permit or a provision under this section or s. 44.47, the board may deny the renewal or may attach conditions or restrictions to the renewal necessary to ensure compliance with the requirements of the original permit.

AB100-ASA1, s. 3128m Section 3128m. 170.12 (8m) of the statutes is created to read:

AB100-ASA1,1385,16 170.12 (8m) Duties of permit holders. (a) A holder of a permit issued under this section shall do all of the following:

AB100-ASA1,1385,20 1. At the written request of the historical society, provide directly to the historical society a representative sample of company logging marks by sawing off the ends of the logs bearing the marks and by delivering them to the historical society.

AB100-ASA1,1385,22 2. Allow a historical society designee to observe log recovery activities under the permit.

AB100-ASA1,1385,24 (b) A person may not do any of the following while engaging in log recovery activities pursuant to a permit issued under this section:

AB100-ASA1,1385,25 1. Remove any object, as defined in s. 44.47 (1) (f).

AB100-ASA1,1386,1 2. Disturb any discernible archaeological site, as defined in s. 44.47 (1) (b).

AB100-ASA1,1386,2 3. Disturb any crib or dock.

AB100-ASA1, s. 2318 Section 2318. 170.12 (9) of the statutes is amended to read:

AB100-ASA1,1386,10 170.12 (9) Transfer of title. At such times as a permit holder tenders to the board any the amounts due under the state's reservation of value, pursuant to the terms and conditions of the permit, title to any logs covered by such tender shall pass to the permit holder. If the permit provides for an offset under sub. (6) (d), the board shall issue written findings at the conclusion of the term of the permit which describe the board's findings regarding compliance with the term of the permit and establish the proportion of the authorized offset to which the permit holder is entitled.

AB100-ASA1, s. 3129c Section 3129c. 170.12 (9m) of the statutes is created to read:

AB100-ASA1,1386,17 170.12 (9m) Use of revenue from program. (a) The board shall credit the amounts due the state for its net share of the value of logs described under sub. (6) (dm) to the appropriation account under s. 20.507 (1) (j). For each type of tribal mark or brand, the board shall identify the American Indian tribe or band which made the tribal mark or brand and shall distribute the moneys received for the state's net share of the value of those logs to that American Indian tribe or band.

AB100-ASA1,1386,20 (b) The application fee under sub. (3) (g), the renewal fee under sub. (7) and all amounts due the state for its net share of the value of logs not described under sub. (6) (dm) shall be deposited in the general fund as follows:

AB100-ASA1,1386,21 1. The first $100,000 in a fiscal year, as general purpose revenue — earned.

AB100-ASA1,1386,23 2. The next $300,000 in a fiscal year, as a credit to the appropriation account under s. 20.245 (4) (j).

AB100-ASA1,1386,24 3. Any remaining money in a fiscal year, as general purpose revenue — earned.

AB100-ASA1, s. 3129g Section 3129g. 170.12 (10) (title) of the statutes is amended to read:

AB100-ASA1,1387,1 170.12 (10) (title) Forfeiture Forfeitures and remedies.

AB100-ASA1, s. 3129m Section 3129m. 170.12 (10) of the statutes is renumbered 170.12 (10) (a) and amended to read:

AB100-ASA1,1387,7 170.12 (10) (a) Any logs subject to this section which are raised removed in violation of this section, or in violation of a permit issued under this section, shall be returned to the lakebed as directed by the board or shall be confiscated by the board and forfeited to the state.

AB100-ASA1, s. 3129r Section 3129r. 170.12 (10) (b) of the statutes is created to read:

AB100-ASA1,1387,13 170.12 (10) (b) Any person who removes for commercial gain sunken logs on submerged state lands without a permit issued under this section may be required to forfeit $500 or an amount equal to 2 times the gross value of the removed logs, whichever is greater, plus the reasonably incurred costs of investigation and prosecution.

AB100-ASA1, s. 3129w Section 3129w. 170.12 (10) (c) of the statutes is created to read:

AB100-ASA1,1387,18 170.12 (10) (c) Any person who intentionally interferes with a log recovery operation for which a permit has been issued under this section is liable to the permit holder for any actual losses resulting from the interference and may be required to forfeit not less than $100 nor more than $500.

AB100-ASA1, s. 3131b Section 3131b. 180.0122 (1) (r) of the statutes is amended to read:

AB100-ASA1,1387,21 180.0122 (1) (r) Application for reinstatement following administrative dissolution, $10 $90.

AB100-ASA1, s. 3131bm Section 3131bm. 180.0722 (8) (b) of the statutes is amended to read:

AB100-ASA1,1387,25 180.0722 (8) (b) Shall be solicited and appointed apart from the sale of or offer to purchase shares of the issuing public resident domestic corporation, as defined in s. 180.1150 (1) (a) 180.1150 (1) (c).

AB100-ASA1, s. 3131bs Section 3131bs. 180.0722 (8) (c) of the statutes is amended to read:

AB100-ASA1,1388,5 180.0722 (8) (c) May not be solicited sooner than 30 days before the meeting called under s. 180.1150 (5), unless otherwise agreed in writing by the person acting under s. 180.1150 and the directors of the issuing public resident domestic corporation, as defined in s. 180.1150 (1) (a) (c).

AB100-ASA1, s. 3131c Section 3131c. 180.1130 (1) (a) of the statutes is amended to read:

AB100-ASA1,1388,11 180.1130 (1) (a) An organization, other than the issuing public resident domestic corporation or a subsidiary of the issuing public resident domestic corporation, of which the person is an officer, director, manager or partner or is, directly or indirectly, the beneficial owner of 10% or more of a class of voting securities.

AB100-ASA1, s. 3131cm Section 3131cm. 180.1130 (1) (c) of the statutes is amended to read:

AB100-ASA1,1388,16 180.1130 (1) (c) A relative or spouse of the person, or a relative of the spouse, who has the same principal residence as the person who is a director or officer of the issuing public resident domestic corporation or of an affiliate of the issuing public resident domestic corporation.

AB100-ASA1, s. 3131d Section 3131d. 180.1130 (2) (b) of the statutes is amended to read:

AB100-ASA1,1388,20 180.1130 (2) (b) The existence of an option from, or other arrangement with, an issuing public a resident domestic corporation to acquire securities of the issuing public resident domestic corporation.

AB100-ASA1, s. 3131e Section 3131e. 180.1130 (3) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1389,2 180.1130 (3) (a) (intro.) Unless the merger or share exchange is subject to s. 180.1104, does not alter the contract rights of the shares as set forth in the articles of incorporation or does not change or convert in whole or in part the outstanding shares of the issuing public resident domestic corporation, a merger or share exchange of the issuing public resident domestic corporation or a subsidiary of the issuing public resident domestic corporation with any of the following:

AB100-ASA1, s. 3131em Section 3131em. 180.1130 (3) (b) of the statutes is amended to read:

AB100-ASA1,1389,10 180.1130 (3) (b) A sale, lease, exchange or other disposition, other than a mortgage or pledge if not made to avoid the requirements of ss. 180.1130 to 180.1134, to a significant shareholder, other than the issuing public resident domestic corporation or a subsidiary of the issuing public resident domestic corporation, or to an affiliate of the significant shareholder, of all or substantially all of the property and assets, with or without goodwill, of an issuing public a resident domestic corporation, if not made in the usual and regular course of its business.

AB100-ASA1, s. 3131f Section 3131f. 180.1130 (8) of the statutes is repealed.

AB100-ASA1, s. 3131g Section 3131g. 180.1130 (9) (a) 4. of the statutes is amended to read:

AB100-ASA1,1389,15 180.1130 (9) (a) 4. If no report or quote is available under subd. 1., 2. or 3., the fair market value as determined in good faith by the board of directors of the issuing public resident domestic corporation.