Amendment SSA1-SB44

SB44-SSA1, s. 2118 Section 2118. 169.46 (2) (c) of the statutes is amended to read:

SB44-SSA1,844,4 169.46 (2) (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources restitution payment prescribed in this subsection. If the deposit is forfeited, the amount of the natural resources restitution payment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the natural resources restitution payment shall also be returned.

SB44-SSA1, s. 2119 Section 2119. 169.46 (2) (d) of the statutes is amended to read:

SB44-SSA1,844,11 169.46 (2) (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources restitution payment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit the amount of the natural resources restitution payment in the conservation fund.

SB44-SSA1, s. 2120b Section 2120b. 173.40 (title) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

SB44-SSA1,844,14 173.40 (title) Pet dealers, pet breeders, kennels, and animal shelters.

SB44-SSA1, s. 2120bb Section 2120bb. 173.40 (1) (c) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

SB44-SSA1, s. 2120bd Section 2120bd. 173.40 (1) (e) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

SB44-SSA1, s. 2120bf Section 2120bf. 173.40 (1) (f) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

SB44-SSA1, s. 2120bh Section 2120bh. 173.40 (1) (fm) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

SB44-SSA1,844,25 173.40 (1) (fm) "Pet breeder" means a person who sells or offers to sell at least 25 50 dogs or cats for resale as pets in a year, except that "pet breeder" does not include a pet dealer.

SB44-SSA1, s. 2120bj Section 2120bj. 173.40 (2) (a) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

SB44-SSA1, s. 2120bL Section 2120bL. 173.40 (2) (b) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

SB44-SSA1,845,8 173.40 (2) (b) Except as provided in par. (c), no No person may act as a pet dealer or pet breeder without a license from the department. A person shall obtain a license under this paragraph for each separate location at which the person conducts business as a pet dealer or pet breeder.

SB44-SSA1, s. 2120bn Section 2120bn. 173.40 (2) (c) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

SB44-SSA1, s. 2120bp Section 2120bp. 173.40 (2) (d) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

SB44-SSA1,845,14 173.40 (2) (d) Licenses issued under pars. (a) and par. (b) expire on October 31 of each even-numbered year.

SB44-SSA1, s. 2120br Section 2120br. 173.40 (2) (e) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

SB44-SSA1,845,17 173.40 (2) (e) A license issued under par. (a) or (b) is not transferable.

SB44-SSA1, s. 2120bt Section 2120bt. 173.40 (4) (a) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

SB44-SSA1, s. 2120bv Section 2120bv. 173.40 (4) (b) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 173.40 (4) and amended to read:

SB44-SSA1,846,2 173.40 (4) Inspections. In addition to the inspections required under par. (a), the The department may enter and inspect a facility for which a person is required to obtain a license under sub. (2) at any reasonable time when the department has reason to suspect that human or animal health violations exist or when a person who is not an employee of the department notifies the department of a potential health hazard or violation.

SB44-SSA1, s. 2120bw Section 2120bw. 173.40 (5) (a) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

SB44-SSA1,846,6 173.40 (5) (a) Minimum standards for animal shelter and kennel facilities and facilities at which pet dealers and pet breeders operate.

SB44-SSA1, s. 2120m Section 2120m. 175.38 of the statutes is created to read:

SB44-SSA1,846,10 175.38 Enforcement of video gambling law. (1) In this section, "law enforcement officer" has the meaning given in s. 165.85 (2) (c) but does not include a special agent of the department of revenue.

SB44-SSA1,846,12 (2) Notwithstanding s. 945.041, no law enforcement officer may investigate violations of or otherwise enforce s. 945.03 (2m) or 945.04 (2m).

SB44-SSA1,846,16 (3) No law enforcement officer may investigate violations of or otherwise enforce s. 945.05 (1m) unless he or she reasonably believes that the video gambling machine involved may be used in connection with a violation of ch. 945 other than a violation of s. 945.03 (2m) or 945.04 (2m).

SB44-SSA1, s. 2120n Section 2120n. 177.075 of the statutes is created to read:

SB44-SSA1,846,22 177.075 Distributions caused by certain insurance company activities. (1) Any intangible property distributable in the course of a rehabilitation or reorganization, conversion, or other transformation of an insurance company is presumed abandoned if the distribution remains unclaimed for more than 2 years after the date on which the property is distributable and if all of the following apply:

SB44-SSA1,847,2 (a) At the time the property is distributable, the holder knows that the last-known address of the owner, as reflected in the records of the holder, is incorrect or the holder has mailed the distribution or notice thereof to the owner at the last-known address of the owner, as reflected in the records of the holder, and the mailing has been returned to the holder as undeliverable.

SB44-SSA1,847,4 (b) The holder has not communicated with the owner in writing concerning the distribution after the date on which the property is distributable.

SB44-SSA1,847,7 (c) The holder has not communicated with the owner in any other manner concerning the distribution, as reflected in the records of the holder, after the date on which the property is distributable.

SB44-SSA1,847,11 (2) Any intangible property distributable in the course of a rehabilitation or reorganization, conversion, or other transformation of an insurance company is presumed abandoned as otherwise provided under this chapter if sub. (1) (a), (b), or (c) does not apply with respect to the distribution.

SB44-SSA1, s. 2120p Section 2120p. 177.10 (1) (intro.) of the statutes is amended to read:

SB44-SSA1,847,19 177.10 (1) (intro.) Except as provided in subs. (2) and (5) and s. 177.075 (1), any stock or other intangible ownership interest in a business association, the existence of which is evidenced by records available to the association, is presumed abandoned and, with respect to the interest, the association is the holder, if a dividend, distribution or other sum payable as a result of the interest has remained unclaimed by the owner for 5 years and the owner has not done either of the following within 5 years:

SB44-SSA1, s. 2120s Section 2120s. 177.17 (4) (b) of the statutes is amended to read:

SB44-SSA1,848,6 177.17 (4) (b) The holder of an interest under s. 177.10 or a stock or other intangible ownership interest presumed abandoned under s. 177.075 (1) shall deliver to the administrator, upon filing the report required under this section, a duplicate certificate or other evidence of ownership if the holder does not issue certificates of ownership. Upon delivery of a duplicate certificate to the administrator, the holder and any transfer agent, registrar or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate are relieved of all liability, as provided under s. 177.20, to any person, including any person acquiring the original certificate or the duplicate of the certificate issued to the administrator, for any loss or damage caused by the issuance and delivery of the duplicate certificate to the administrator.

SB44-SSA1, s. 2122 Section 2122. 183.0105 (2) (c) of the statutes is amended to read:

SB44-SSA1,848,12 183.0105 (2) (c) In the case of a foreign limited liability company, including Including the name of its registered agent and the street address of its registered office, as changed, in its annual report under s. 183.0120. This paragraph also applies to a foreign limited liability company. A change under this paragraph is effective on the date the annual report is filed by the office of the department.

SB44-SSA1, s. 2123 Section 2123. 183.0109 (1) (a) 4. of the statutes is amended to read:

SB44-SSA1,848,15 183.0109 (1) (a) 4. A foreign limited liability company's An annual report under s. 183.0120.

SB44-SSA1, s. 2124 Section 2124. 183.0113 (2) (b) 1m. of the statutes is amended to read:

SB44-SSA1,848,19 183.0113 (2) (b) 1m. In the case of a foreign limited liability company, the The domestic or foreign limited liability company has, during its most recently completed report year, filed with the department an annual report required by s. 183.0120.

SB44-SSA1, s. 2125 Section 2125. 183.0114 (1) (v) of the statutes is created to read:

SB44-SSA1,848,21 183.0114 (1) (v) Annual report of a domestic limited liability company, $25.

SB44-SSA1, s. 2126 Section 2126. 183.0120 (title) of the statutes is amended to read:

SB44-SSA1,848,23 183.0120 (title) Annual report for foreign limited liability companies.

SB44-SSA1, s. 2127 Section 2127. 183.0120 (1) of the statutes is amended to read:

SB44-SSA1,849,3 183.0120 (1) Each foreign limited liability company registered to transact business in this state and each domestic limited liability company shall file with the department an annual report that includes all of the following information:

SB44-SSA1,849,6 (a) The name of the domestic or foreign limited liability company and, if a foreign limited liability company, the state or country under whose law it is organized.

SB44-SSA1,849,8 (b) The address of the domestic or foreign limited liability company's registered office and the name of its registered agent at that office in this state.

SB44-SSA1,849,10 (c) The address of the domestic or foreign limited liability company's principal office.

SB44-SSA1,849,12 (d) If management of the domestic or foreign limited liability company is vested in one or more managers, the name and business address of each manager.

SB44-SSA1,849,14 (e) The If the company is a foreign limited liability company, the name and business address of each member of the foreign limited liability company.

SB44-SSA1,849,16 (f) A brief description of the nature of the domestic or foreign limited liability company's business.

SB44-SSA1, s. 2128 Section 2128. 183.0120 (2) of the statutes is amended to read:

SB44-SSA1,849,23 183.0120 (2) Information in the annual report shall be current as of the date on which the annual report is executed on behalf of a the domestic or foreign limited liability company, except that the information required by sub. (1) (e) shall be current as of the close of the domestic or foreign limited liability company's fiscal year immediately before the date by which the annual report is required to be delivered to the department.

SB44-SSA1, s. 2129 Section 2129. 183.0120 (3) of the statutes is amended to read:

SB44-SSA1,850,8 183.0120 (3) A domestic limited liability company shall deliver its annual report to the department during the calendar quarter during which each anniversary of the effective date of the limited liability company's articles of organization under s. 183.0111 occurs. A foreign limited liability company registered to transact business in this state shall deliver its annual report to the department during the first calendar quarter of each year following the calendar year in which the foreign limited liability company becomes registered to transact business in this state.

SB44-SSA1, s. 2130 Section 2130. 183.0120 (4) of the statutes is amended to read:

SB44-SSA1,850,12 183.0120 (4) If an annual report does not contain the information required by this section, the department shall promptly notify the reporting domestic or foreign limited liability company in writing and return the report to it for correction.

SB44-SSA1, s. 2131 Section 2131. 183.0901 (3) of the statutes is created to read:

SB44-SSA1,850,17 183.0901 (3) The department administratively dissolves the limited liability company under s. 183.09025 (2) (c), unless the limited liability company is subsequently reinstated under s. 183.09025 (4) (b) or pursuant to judicial review under ss. 227.52 to 227.58.

SB44-SSA1, s. 2132 Section 2132. 183.09025 of the statutes is created to read:

SB44-SSA1,850,23 183.09025 Administrative dissolution and reinstatement. (1) Grounds for administrative dissolution. The department may bring a proceeding under sub. (2) to administratively dissolve any limited liability company that does not deliver to the department the limited liability company's complete annual report within one year after the annual report is due.

SB44-SSA1,851,3 (2) Procedure for administrative dissolution. (a) If the department determines that grounds exist under sub. (1) for dissolving a limited liability company, the department shall mail the limited liability company a notice of the determination. The notice shall be in writing and addressed to the registered office of the limited liability company.

SB44-SSA1,851,8 (b) Within 60 days after the date on which the notice is received or the date on which the second insertion of the class 2 notice under par. (d) is published, the limited liability company shall correct each ground for dissolution or demonstrate to the reasonable satisfaction of the department that each ground determined by the department does not exist.

SB44-SSA1,851,15 (c) If a limited liability company fails to satisfy par. (b), the department shall administratively dissolve the limited liability company. The department shall enter a notation in its records to reflect each ground for dissolution and the effective date of dissolution and shall mail the limited liability company a notice of those facts and a certificate of dissolution. The notice and certificate shall be in writing and addressed to the registered office of the limited liability company. The dissolution is subject to judicial review as provided in ss. 227.52 to 227.58.

SB44-SSA1,851,20 (d) If a notice under par. (a) or (c) is returned to the department as undeliverable, the department shall again mail the notice to the limited liability company as provided under that paragraph. If the notice is again returned to the department as undeliverable, the department shall give the notice by publishing a class 2 notice under ch. 985 in the official state newspaper.

SB44-SSA1,851,23 (3) Use of name following administrative dissolution. A limited liability company's right to the exclusive use of its name terminates on the date of the administrative dissolution under sub. (2) (c).

SB44-SSA1,852,2 (4) Reinstatement. (a) A limited liability company that is administratively dissolved under sub. (2) (c) may apply to the department for reinstatement within 30 days after the date on which the limited liability company is dissolved. The application shall include all of the following:

SB44-SSA1,852,4 1. The name of the limited liability company and the date on which it was administratively dissolved.

SB44-SSA1,852,6 2. A statement that each ground for dissolution either did not exist or has been cured.

SB44-SSA1,852,7 3. A statement that the limited liability company's name satisfies s. 183.0103.

SB44-SSA1,852,15 (b) The department shall cancel the certificate of dissolution and issue a certificate of reinstatement under this paragraph if the department determines that the application contains the information required under par. (a), that the information is correct, and that all fees and penalties owed by the limited liability company to the department under this chapter have been paid. The certificate of reinstatement shall state the department's determination under this paragraph and the effective date of reinstatement. The department shall file the certificate and provide a copy to the limited liability company or its representative.

SB44-SSA1,852,19 (c) When the reinstatement becomes effective, it shall relate back to and take effect as of the effective date of the administrative dissolution, and the limited liability company may resume carrying on its business as if the administrative dissolution had never occurred.

SB44-SSA1,852,23 (d) If the department denies a limited liability company's application for reinstatement under par. (a), the department shall serve the limited liability company with a written notice of denial that explains each reason for the denial. The denial is subject to judicial review as provided in ss. 227.52 to 227.58.

SB44-SSA1, s. 2133 Section 2133. 186.098 (12) of the statutes is amended to read:

SB44-SSA1,853,9 186.098 (12) Loans to members. A credit union may make loans to members secured by assignment or transfer of stock certificates or other evidence of the borrower's ownership interest in a corporation formed for the cooperative ownership of real estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage involving a one-family residence, apply to a proceeding to enforce the lender's rights in security given for a loan under this subsection. The office of credit unions shall promulgate joint rules with the division of savings institutions and the division of banking that establish procedures for enforcing a lender's rights in security given for a loan under this subsection.

SB44-SSA1, s. 2204 Section 2204. 194.51 of the statutes is amended to read:

SB44-SSA1,853,23 194.51 Suit to recover protested tax. No suit shall be maintained in any court to restrain or delay the collection or payment of the taxes levied in this chapter. The aggrieved taxpayer shall pay the tax as and when due, and, if paid under protest, may at any time within 90 days from the date of such payment, sue the state in an action at law to recover the tax so paid. If it is finally determined that said tax, or any part thereof, was wrongfully collected for any reason, it shall be the duty of the department secretary of administration to issue a warrant on the state treasurer for pay out of the transportation fund the amount of such tax so adjudged to have been wrongfully collected, and the treasurer shall pay the same out of the transportation fund. A separate suit need not be filed for each separate payment made by any taxpayer, but a recovery may be had in one suit for as many payments as may have been made within any 90-day period preceding the commencement of such an action. Such suits shall be commenced as provided in s. 775.01.

SB44-SSA1, s. 2273d Section 2273d. 195.29 (5) of the statutes is amended to read:

SB44-SSA1,854,18 195.29 (5) Elimination of grade crossings, costs. Upon petition of the department, or of the common council or board of any city, village, town, or county, alleging that one or more of them have undertaken or propose to undertake to relocate or improve an existing highway or to construct a new highway in such manner as to eliminate a highway grade crossing with any railroad or so as to permanently divert a material portion of the highway traffic from a highway grade crossing with any railroad, the office shall issue notice of investigation and hearing, as provided in s. 195.04. If upon such hearing the office finds that the public safety will be promoted by the highway relocation, improvement, or new construction, the office shall order the old crossings closed and new crossings opened as are deemed necessary for public safety. The order shall require the railroad company or companies to pay to the interested municipality or municipalities such sum as the office finds to be an equitable portion of the cost of the highway relocation, improvement, or new construction, if the work is performed by the municipalities; or to the state treasurer secretary of administration if the work is performed by the state; or to the proper county treasurer if the work is performed by the county. The sum shall be added to the joint fund available for the improvement and may be expended in like manner as the other portions of the fund.

SB44-SSA1, s. 2297m Section 2297m. 195.60 (3) of the statutes is amended to read:

SB44-SSA1,855,9 195.60 (3) If any railroad against which a bill has been rendered under sub. (1) or (2) within 30 days after the rendering of such bill neglects or refuses to pay the same or fails to file objections to the bill with the office, the office shall transmit to the state treasurer secretary of administration a certified copy of the bill, together with notice of neglect or refusal to pay the bill, and on the same day the office shall mail to the railroad against which the bill has been rendered a copy of the notice which it has transmitted to the state treasurer secretary of administration. Within 10 days after the receipt of such notice and certified copy of such bill, the state treasurer secretary of administration shall levy the amount stated on such bill to be due, with interest, by distress and sale of any goods and chattels, including stocks, securities, bank accounts, evidences of debt, and accounts receivable belonging to such delinquent railroad. Such levy by distress and sale shall be governed by the provisions of s. 74.10, 1985 stats., except that it shall be made by the state treasurer secretary of administration and that said goods and chattels anywhere within the state may be levied upon.

SB44-SSA1, s. 2302m Section 2302m. 195.60 (4) (d) of the statutes is amended to read: