Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,990,22 1510. Page 960, line 10: after that line insert:

SB55-ASA1-AA1,990,23 " Section 2861g. 166.03 (1) (b) 7. of the statutes is repealed.

SB55-ASA1-AA1, s. 2861m Section 2861m. 166.03 (2) (b) 9. of the statutes is repealed.".

SB55-ASA1-AA1,991,1 1511. Page 961, line 11: after that line insert:

SB55-ASA1-AA1,991,3 " Section 2867d. 166.20 (4) (title) and (intro.) of the statutes are amended to read:

SB55-ASA1-AA1,991,6 166.20 (4) (title) Duties of the department of natural resources environmental management. (intro.) The department of natural resources environmental quality shall:

SB55-ASA1-AA1, s. 2867f Section 2867f. 166.20 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,991,15 166.20 (4) (b) Have the same powers and duties at the time of a release of a hazardous substance as are given to it under s. 292.11, including the investigation of releases of hazardous substances, the repair of any environmental damage which results from the release and the recovery of costs from responsible parties. The department of natural resources environmental management may also, at the time of a release of a hazardous substance, identify and recommend to the division and the committee measures to lessen or mitigate anticipated environmental damage resulting from the release.

SB55-ASA1-AA1, s. 2867h Section 2867h. 166.20 (5) (a) 2. of the statutes is amended to read:

SB55-ASA1-AA1,991,22 166.20 (5) (a) 2. All facilities in this state covered under 42 USC 11004 shall comply with the notification requirements of 42 USC 11004. Notification of the department of natural resources environmental management of the discharge of a hazardous substance under s. 292.11 (2) shall constitute the notification of the division required under 42 USC 11004 if the notification contains the information specified in 42 USC 11004 (b) (2) or (c).

SB55-ASA1-AA1, s. 2867j Section 2867j. 166.20 (5) (a) 4. (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,992,4 166.20 (5) (a) 4. (intro.) The following facilities shall comply with the toxic chemical release form requirements under 42 USC 11023 and shall submit copies of all toxic chemical release forms to the department of natural resources environmental management:".

SB55-ASA1-AA1,992,5 1512. Page 963, line 18: after that line insert:

SB55-ASA1-AA1,992,7 " Section 2877b. 166.22 (3) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,992,16 166.22 (3) If action required under sub. (2) is not being adequately taken or the identity of the person responsible for an emergency involving a release or potential release of a hazardous substance is unknown and the emergency involving a release or potential release threatens public health or safety or damage to property, a local agency may take any emergency action that is consistent with the contingency plan for the undertaking of emergency actions in response to the release or potential release of hazardous substances established by the department of natural resources environmental management under s. 292.11 (5) and that it considers appropriate under the circumstances.".

SB55-ASA1-AA1,992,17 1513. Page 965, line 4: after that line insert:

SB55-ASA1-AA1,992,18 " Section 2881ad. 167.10 (3) (b) 3. of the statutes is amended to read:

SB55-ASA1-AA1,992,20 167.10 (3) (b) 3. The disposal of hazardous substances in accordance with rules adopted by the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2881ah Section 2881ah. 167.31 (4m) of the statutes is amended to read:

SB55-ASA1-AA1,993,6 167.31 (4m) Rules. The department of natural resources fish, wildlife, parks, and forestry may further restrict hunting from stationary vehicles on county or town highways by promulgating rules designating certain county and town highways, or portions thereof, upon which a holder of a Class A or Class B permit issued under s. 29.193 (2) may not discharge a firearm or shoot a bolt or an arrow from a bow or crossbow under sub. (4) (cg). For each restriction of hunting from a county or town highway contained in a rule to be promulgated under this subsection, the department shall submit a specific justification for the restriction with the rule submitted to legislative council staff for review under s. 227.15 (1).

SB55-ASA1-AA1, s. 2881ai Section 2881ai. 167.31 (5) (d) of the statutes is amended to read:

SB55-ASA1-AA1,993,12 167.31 (5) (d) The clerk of the circuit court shall collect and transmit to the county treasurer the weapons assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this paragraph in into the conservation fund to be appropriated under s. 20.370 (3) (mu) (1) (pu).

SB55-ASA1-AA1, s. 2881aL Section 2881aL. 170.12 (4) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,993,20 170.12 (4) Review by other agencies. (intro.) Upon receipt of an application under sub. (3), the board shall immediately transmit copies of the application to the department of natural resources fish, wildlife, parks, and forestry, the department of environmental management, and to the historical society for review. The department of natural resources and the historical society shall, as appropriate, within 30 days after their receipt of the application, notify the board whether any of the following apply:

SB55-ASA1-AA1, s. 2881am Section 2881am. 170.12 (4) (c) of the statutes is amended to read:

SB55-ASA1-AA1,994,2 170.12 (4) (c) The proposed project may affect public rights in navigable waters. The department of natural resources fish, wildlife, parks, and forestry, and the department of environmental management shall recommend to the board requirements and conditions to be attached to the permit which shall protect those rights.

SB55-ASA1-AA1, s. 2881ap Section 2881ap. 170.12 (5) of the statutes is amended to read:

SB55-ASA1-AA1,994,7 170.12 (5) Reservation of value. The state reserves to itself 30% of the stumpage value, established by the department of natural resources fish, wildlife, parks, and forestry by rule promulgated under s. 77.91 (1), of any log raised pursuant to a permit issued under this section.".

SB55-ASA1-AA1,994,8 1514. Page 972, line 7: after that line insert:

SB55-ASA1-AA1,994,9 " Section 2882f. 175.35 (2i) of the statutes is amended to read:

SB55-ASA1-AA1,994,15 175.35 (2i) The department shall may not charge a firearms dealer an $8 fee for each a firearms restrictions record search that the firearms dealer requests requested under sub. (2) (c). The firearms dealer may collect the fee from the transferee. The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection within 30 days after billing by the department.

SB55-ASA1-AA1, s. 2882g Section 2882g. 175.35 (2L) of the statutes is renumbered 175.35 (2L) (a) and amended to read:

SB55-ASA1-AA1,994,24 175.35 (2L) (a) The department of justice shall promulgate rules providing for the review of nonapprovals under sub. (2g) (c) 4. a. and for the correction of inaccurate information under par. (b). Any person who is denied the right to purchase a handgun because the firearms dealer received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms restrictions record search review under those rules. If the person disagrees with the results of that review, the person may file an appeal under rules promulgated by the department.

SB55-ASA1-AA1, s. 2882h Section 2882h. 175.35 (2L) (b) of the statutes is created to read:

SB55-ASA1-AA1,995,6 175.35 (2L) (b) If, upon review or appeal under par. (a), the department of justice determines that a person was incorrectly denied approval under sub. (2g) (c) 4. a. based on incorrect information in a criminal history record or incorrect information received in a firearms restrictions record search, the department of justice shall immediately do all of the following:

SB55-ASA1-AA1,995,8 1. Update any relevant department of justice records to reflect the correct information.

SB55-ASA1-AA1,995,11 2. Notify the agency that provided the incorrect information to the department of justice that the information provided is incorrect and request that the agency update its records to reflect the correct information.

SB55-ASA1-AA1,995,14 3. Notify any agency or person to which the department of justice provided notice of the nonapproval under sub. (2g) (c) 4. a. that the nonapproval was based on incorrect information and that it has been reversed.".

SB55-ASA1-AA1,995,15 1515. Page 983, line 3: after that line insert:

SB55-ASA1-AA1,995,16 " Section 2917c. 180.0121 (1) (a) 4. of the statutes is created to read:

SB55-ASA1-AA1,995,18 180.0121 (1) (a) 4. An application for a certificate of conversion under s. 180.1161 (5).

SB55-ASA1-AA1, s. 2917r Section 2917r. 180.0122 (1) (yr) of the statutes is created to read:

SB55-ASA1-AA1,995,20 180.0122 (1) (yr) A certificate of conversion, $150.".

SB55-ASA1-AA1,995,21 1516. Page 983, line 18: after that line insert:

SB55-ASA1-AA1,995,22 " Section 2920c. 180.0701 (4) (c) of the statutes is amended to read:

SB55-ASA1-AA1,995,24 180.0701 (4) (c) Ratification of the selection of independent certified public accountants licensed or certified under ch. 442.

SB55-ASA1-AA1, s. 2920g Section 2920g. 180.0826 (2) of the statutes is amended to read:

SB55-ASA1-AA1,996,4 180.0826 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other persons as to matters that the director or officer believes in good faith are within the person's professional or expert competence.

SB55-ASA1-AA1, s. 2920n Section 2920n. 180.1903 (1) of the statutes is amended to read:

SB55-ASA1-AA1,996,12 180.1903 (1) One Except as provided in sub. (1m), one or more natural persons licensed, certified, or registered pursuant to any provisions of the statutes, if all have the same license, certificate, or registration or if all are health care professionals, may organize and own shares in a service corporation. A service corporation may own, operate, and maintain an establishment and otherwise serve the convenience of its shareholders in carrying on the particular profession, calling , or trade for which the licensure, certification, or registration of its organizers is required.

SB55-ASA1-AA1, s. 2920r Section 2920r. 180.1903 (1m) of the statutes is created to read:

SB55-ASA1-AA1,996,16 180.1903 (1m) A service corporation for carrying on the profession of certified public accounting may be organized under sub. (1) if more than 50% of the shareholders are certified public accountants.

SB55-ASA1-AA1, s. 2920w Section 2920w. 180.1921 (2) of the statutes is amended to read:

SB55-ASA1-AA1,997,4 180.1921 (2) The report shall show the address of this service corporation's principal office and the name and post-office address of each shareholder, director, and officer of the service corporation and shall certify that, with the exceptions permitted in s. ss. 180.1903 (1m) and 180.1913, each shareholder, director, and officer is licensed, certified, registered, or otherwise legally authorized to render the same professional or other personal service in this state or is a health care professional. The service corporation shall prepare the report on forms prescribed and furnished by the department, and the report shall contain no fiscal or other information except that expressly called for by this section. The department shall forward report blanks by 1st class mail to every service corporation in good standing, at least 60 days before the date on which the service corporation is required by this section to file an annual report.".

SB55-ASA1-AA1,997,5 1517. Page 983, line 18: after that line insert:

SB55-ASA1-AA1,997,7 " Section 2920e. Subchapter XI (title) of chapter 180 [precedes 180.1100] of the statutes is amended to read:

SB55-ASA1-AA1,997,8 Chapter 180

SB55-ASA1-AA1,997,11 Subchapter Xi Merger and, share exchange, And conversion

SB55-ASA1-AA1, s. 2920h Section 2920h. 180.1100 of the statutes is created to read:

SB55-ASA1-AA1,997,13 180.1100 Definitions. In this subchapter:

SB55-ASA1-AA1,997,15 (1) "Business entity" means a domestic business entity and a foreign business entity.

SB55-ASA1-AA1,997,18 (2) "Domestic business entity" includes a corporation, limited liability company, as defined in s. 183.0102 (10), a limited partnership, as defined in s. 179.01 (7), or a nonstock corporation, as defined in s. 181.0103 (18).

SB55-ASA1-AA1,997,22 (3) "Foreign business entity" includes a foreign limited liability company, as defined in s. 183.0102 (8), a foreign limited partnership, as defined in s. 179.01 (4), a foreign corporation, as defined in s. 180.0103 (9), or a foreign corporation, as defined in s. 181.0103 (13).

SB55-ASA1-AA1, s. 2920r Section 2920r. 180.1161 of the statutes is created to read:

SB55-ASA1-AA1,998,4 180.1161 Conversion. (1) (a) A domestic corporation may convert to another form of business entity if it satisfies the requirements under this section and if the conversion is permitted under the applicable law of the jurisdiction that governs the organization of the business entity into which the domestic corporation is converting.

SB55-ASA1-AA1,998,10 (b) In addition to satisfying any applicable legal requirements of the jurisdiction that governs the organization of the business entity into which the domestic corporation is converting and that relate to the submission and approval of a plan of conversion, the domestic corporation shall use the procedures that govern a plan of merger under s. 180.1103 for the submission and approval of a plan of conversion.

SB55-ASA1-AA1,998,14 (2) (a) A business entity other than a domestic corporation may convert to a domestic corporation if it satisfies the requirements under this section and if the conversion is permitted under the applicable law of the jurisdiction that governs the business entity.

SB55-ASA1-AA1,998,17 (b) A business entity other than a domestic corporation shall use the procedures that govern the submission and approval of a plan of conversion of the jurisdiction that governs the business entity.

SB55-ASA1-AA1,998,18 (3) A plan of conversion shall set forth all of the following:

SB55-ASA1-AA1,998,20 (a) The name, form of business entity, and the identity of the jurisdiction governing the business entity that is to be converted.

SB55-ASA1-AA1,998,22 (b) The name, form of business entity, and the identity of the jurisdiction that will govern the new business entity.

SB55-ASA1-AA1,998,23 (c) The terms and conditions of the conversion.

SB55-ASA1-AA1,999,3 (d) The manner and basis of converting the shares or other ownership interests of the business entity that are to be converted into the shares or other ownership interests of the new business entity.

SB55-ASA1-AA1,999,5 (e) The delayed effective date of the conversion under s. 180.0123 (2), if applicable.

SB55-ASA1-AA1,999,8 (f) If a business entity other than a domestic corporation is converting to a domestic corporation, a copy of the articles of incorporation of the new domestic corporation.

SB55-ASA1-AA1,999,9 (g) Other provisions relating to the conversion.

SB55-ASA1-AA1,999,10 (4) A conversion is effective when all of the following occur:

SB55-ASA1-AA1,999,15 (a) Except with respect to taxation laws of each jurisdiction that are applicable upon the conversion of the business entity, the business entity that is to be converted is no longer subject to the applicable law of the jurisdiction that governed the organization of the business entity and is subject to the applicable law of the jurisdiction that governs the new business entity.

SB55-ASA1-AA1,999,17 (b) The new business entity has assumed all liabilities of the business entity that is to be converted.

SB55-ASA1-AA1,999,19 (c) The new business entity is vested with title to all property owned by the business entity that is to be converted without reversions or impairment.

SB55-ASA1-AA1,999,23 (d) The articles of incorporation, articles of organization, bylaws, operating agreement, certificate of limited partnership, or other similar governing document, whichever is applicable, of the new business entity are amended as provided in the plan of conversion.

SB55-ASA1-AA1,999,24 (e) All other provisions of the plan of conversion apply.

SB55-ASA1-AA1,1000,3 (5) After a plan of conversion is submitted and approved, the business entity that is to be converted shall deliver to the department for filing a certificate of conversion that includes all of the following:

SB55-ASA1-AA1,1000,4 (a) The plan of conversion.

SB55-ASA1-AA1,1000,7 (b) A statement that the plan of conversion was approved in accordance with the applicable law of the jurisdiction that governs the organization of the business entity.

SB55-ASA1-AA1,1000,9 (c) The delayed effective date of the conversion under s. 180.0123 (2), if applicable.

SB55-ASA1-AA1,1000,12 (d) If a business entity other than a domestic corporation is converting to a domestic corporation, a copy of the articles of incorporation of the new domestic corporation.

SB55-ASA1-AA1,1000,16 (e) If a domestic corporation is to be converted to another form of business entity, a copy of the articles of incorporation, articles of organization, bylaws, operating agreement, certificate of limited partnership, or other similar governing document, whichever is applicable, of the new business entity.

SB55-ASA1-AA1,1000,20 (6) Any civil, criminal, administrative, or investigatory proceeding that is pending against a business entity that is to be converted may be continued against the business entity after the effective date of conversion or against the new business entity.".