Amendment SA2-SB391

LRBa2251/1

ARG:med&kjf:rs

2011 - 2012 LEGISLATURE

SENATE AMENDMENT 2, TO 2011 SENATE BILL 391

February 8, 2012 - Offered by Committee on Financial Institutions and Rural Issues.

SB391-SA2,1,1 At the locations indicated, amend the bill as follows:

SB391-SA2,1,5 1. Page 1, line 3: delete "corporations" and substitute "domestic business corporations, nonstock corporations, and limited liability companies and revocation of certificates of authority for foreign business corporations, nonstock corporations, and limited liability companies".

SB391-SA2,1,6 2. Page 2, line 1: before that line insert:

SB391-SA2,1,7 " Section 1c. 108.14 (11) of the statutes is amended to read:

SB391-SA2,2,5 108.14 (11) The department may require any employing unit which employs one or more individuals to perform work in this state to make such arrangements as will reasonably assure the department that the employing unit will keep such records, make such reports, and pay such contributions as are required under this chapter. Any employing unit which the department has notified, through notice served on it or sent by registered mail to its last-known address or served by publishing a notice under s. 180.1510 (4) (b) 1., that it is required to make such arrangements and which fails to do so within 20 days after such notification may, through proceedings instituted by the department in the circuit court for Dane County, be restrained from doing business in this state until it has made such arrangements.".

SB391-SA2,2,6 3. Page 2, line 1: delete " Section 1" and substitute "Section 1m".

SB391-SA2,2,9 4. Page 2, line 12: delete the material beginning with "publishing" and ending with "site" on line 14 and substitute "publishing a class 2 1 notice under ch. 985 in the official state newspaper".

SB391-SA2,2,11 5. Page 2, line 15: delete the material beginning with that line and ending with page 3, line 3 and substitute:

SB391-SA2,2,13 " Section 3c. 180.1510 (4) (b) 1. of the statutes is renumbered 180.1510 (4) (b) and amended to read:

SB391-SA2,2,19 180.1510 (4) (b) Except as provided in subd. 2. s. 180.1531 (2m) (b), if the address of the foreign corporation's principal office cannot be determined from the records of the department, the foreign corporation may be served by publishing a class 3 notice, under ch. 985, in the community where the foreign corporation's principal office or registered office, as most recently designated in the records of the department, is located.

SB391-SA2, s. 3d Section 3d. 180.1510 (4) (b) 2. of the statutes is repealed.

SB391-SA2, s. 3e Section 3e. 180.1531 (2m) (b) of the statutes is amended to read:

SB391-SA2,3,2 180.1531 (2m) (b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 2 1 notice under ch. 985 in the official state newspaper.

SB391-SA2, s. 3f Section 3f. 181.0504 (3) (a) of the statutes is renumbered 181.0504 (3) and amended to read:

SB391-SA2,3,9 181.0504 (3) Except as provided in par. (b) s. 181.1421 (2) (b), if the address of the corporation's principal office cannot be determined from the records held by the department, the corporation may be served by publishing a class 3 notice, under ch. 985, in the community where the corporation's principal office or registered office, as most recently designated in the records of the department, is located.

SB391-SA2, s. 3g Section 3g. 181.0504 (3) (b) of the statutes is repealed.

SB391-SA2, s. 3h Section 3h. 181.1421 (2) (b) of the statutes is amended to read:

SB391-SA2,3,15 181.1421 (2) (b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 2 1 notice under ch. 985 in the official state newspaper.

SB391-SA2, s. 3i Section 3i. 181.1421 (3) (d) of the statutes is amended to read:

SB391-SA2,3,18 181.1421 (3) (d) If the notice is published as a class 2 1 notice, under ch. 985, the effective date set under ch. 985 for the notice.

SB391-SA2, s. 3j Section 3j. 181.1510 (4) (b) 1. of the statutes is renumbered 181.1510 (4) (b) and amended to read:

SB391-SA2,4,2 181.1510 (4) (b) Except as provided in subd. 2. s. 181.1531 (2g) (b), if the address of the foreign corporation's principal office cannot be determined from the records of the department, the foreign corporation may be served by publishing a class 3 notice, under ch. 985, in the community where the foreign corporation's principal office or registered office, as most recently designated in the records of the department, is located.

SB391-SA2, s. 3k Section 3k. 181.1510 (4) (b) 2. of the statutes is repealed.

SB391-SA2, s. 3m Section 3m. 181.1531 (2g) (b) of the statutes is amended to read:

SB391-SA2,4,8 181.1531 (2g) (b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 2 1 notice under ch. 985 in the official state newspaper.

SB391-SA2, s. 3n Section 3n. 183.0105 (8) (c) of the statutes is amended to read:

SB391-SA2,4,15 183.0105 (8) (c) If Except as provided in s. 183.09025 (2) (d), if the address of the limited liability company's principal office cannot be determined from the records of the department, the limited liability company may be served by publishing a class 3 notice, under ch. 985, in the community where the limited liability company's registered office, as most recently designated in the records of the department, is located.

SB391-SA2, s. 3o Section 3o. 183.09025 (2) (b) of the statutes is amended to read:

SB391-SA2,4,21 183.09025 (2) (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 1 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.

SB391-SA2, s. 3p Section 3p. 183.09025 (2) (d) of the statutes is amended to read:

SB391-SA2,5,2 183.09025 (2) (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 1 notice under ch. 985 in the official state newspaper.

SB391-SA2, s. 3q Section 3q. 183.1010 (4) (b) 1. of the statutes is renumbered 183.1010 (4) (b) and amended to read:

SB391-SA2,5,10 183.1010 (4) (b) Except as provided in subd. 2. s. 183.1021 (2g) (b), if the address of the foreign limited liability company's principal office cannot be determined from the records of the department, the foreign limited liability company may be served by publishing a class 3 notice, under ch. 985, in the community where the foreign limited liability company's principal office or, if not in this state, its registered office, as most recently designated in the records of the department, is located.

SB391-SA2, s. 3r Section 3r. 183.1010 (4) (b) 2. of the statutes is repealed.

SB391-SA2, s. 3s Section 3s. 183.1021 (2g) (b) of the statutes is amended to read:

SB391-SA2,5,16 183.1021 (2g) (b) If the notice under par. (a) is returned to the department as undeliverable or if the foreign limited liability company's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 2 1 notice under ch. 985 in the official state newspaper.".

SB391-SA2,5,17 (End)