Amendment ASA1-AB40

AB40-ASA1,1050,8 167.35 (1) (f) 4. Any person who owns an automated roll-your-own machine that is used to make cigarettes, not including an individual who owns a roll-your-own machine and uses the machine in his or her home solely to make cigarettes for his or her personal use or for the use of other individuals who live in his or her home.

AB40-ASA1,1949 Section 1949. Chapter 168 (title) of the statutes is repealed and recreated to read:

AB40-ASA1,1050,11 CHAPTER 168

AB40-ASA1,1050,13 petroleum products and dangerous substances

AB40-ASA1,1950 Section 1950. Subchapter I (title) of chapter 168 [precedes 168.01] of the statutes is created to read:

AB40-ASA1,1050,16 CHAPTER 168

AB40-ASA1,1050,17 SUBCHAPTER I

AB40-ASA1,1050,18 Petroleum product inspections

AB40-ASA1,1951 Section 1951. 168.01 (intro.) of the statutes is amended to read:

AB40-ASA1,1050,20 168.01 Definitions. (intro.) In this chapter subchapter:

AB40-ASA1,1952 Section 1952. 168.01 (1) of the statutes is amended to read:

AB40-ASA1,1050,23 168.01 (1) "Department" means the department of safety and professional services agriculture, trade and consumer protection.

AB40-ASA1,1953 Section 1953. 168.01 (2) of the statutes is renumbered 168.01 (4).

AB40-ASA1,1954 Section 1954. 168.02 (title) of the statutes is repealed.

AB40-ASA1,1955 Section 1955. 168.02 of the statutes is renumbered 168.01 (2).

AB40-ASA1,1956 Section 1956. 168.03 (title) of the statutes is repealed.

AB40-ASA1,1957 Section 1957. 168.03 of the statutes is renumbered 168.01 (3).

AB40-ASA1,1958 Section 1958. 168.05 (1) of the statutes is amended to read:

AB40-ASA1,1051,13 168.05 (1) No petroleum product imported into and received in this state or received from a manufacturer or refiner or from a marine or pipeline terminal within this state may be unloaded from its original container except as provided under sub. (5), sold, offered for sale or used until a true sample of not less than 8 ounces is taken as provided in this chapter subchapter. This subsection does not apply if the department has previously inspected the petroleum product at the refinery, marine or pipeline terminal. Each person importing or receiving a petroleum product which has not been previously inspected shall notify the inspector in the person's district of the receipt thereof, and the inspector shall take a sample of the petroleum product.

AB40-ASA1,1959 Section 1959. 168.06 (1) of the statutes is amended to read:

AB40-ASA1,1052,2 168.06 (1) For the purposes of administering this chapter subchapter, inspectors may take samples of gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates for tests and make inspections at any points within or without this state, and may open any original container containing gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates and take a true sample of not less than 8 ounces of the contents thereof, even though the original containers may still be in the possession of a common or contract carrier, provided the opening and sampling does not unduly inconvenience or hamper the transportation of the products. After the original containers are opened and sampled the same shall be resealed with seals furnished by the department for such purposes. The authority conferred by this section shall be in addition to, and not in limitation of, any of the provisions of s. 168.05.

AB40-ASA1,1960 Section 1960. 168.08 (1) of the statutes is amended to read:

AB40-ASA1,1052,4 168.08 (1) Time and place of each inspection.

AB40-ASA1,1961 Section 1961. 168.09 of the statutes is amended to read:

AB40-ASA1,1052,10 168.09 Authority to enter. Any inspector may enter in or upon the premises of any manufacturer, vendor, dealer or user of gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates, during regular business hours to determine whether any petroleum product intended for sale or use has not been sampled and inspected in accordance with this chapter subchapter.

AB40-ASA1,1962 Section 1962. 168.125 of the statutes is amended to read:

AB40-ASA1,1052,16 168.125 Reports; payment. Persons who are liable for the fee under this chapter subchapter shall state the number of gallons of petroleum products on which the fee is due and the amount of their liability for the fee in the reports under s. 78.12 (1) to (3). The requirements for payment of the motor vehicle fuel tax under s. 78.12 (5) apply to the fee under this chapter subchapter.

AB40-ASA1,1963 Section 1963. 168.15 of the statutes is amended to read:

AB40-ASA1,1052,21 168.15 Penalty. Every person who violates any provision of this chapter subchapter that is not related to the fee under s. 168.12 (1) shall forfeit not less than $10 nor more than $100 for each violation. Each day a person fails to comply with any provision of this chapter subchapter is a separate violation.

AB40-ASA1,1964 Section 1964. 168.16 (1) of the statutes is amended to read:

AB40-ASA1,1052,24 168.16 (1) The department shall enforce this chapter subchapter. Inspection districts shall be defined and numbered by the department.

AB40-ASA1,1965 Section 1965. 168.16 (2) of the statutes is amended to read:

AB40-ASA1,1053,3 168.16 (2) Any accident or explosion involving products of petroleum which comes to the knowledge of the department shall be investigated to determine whether or not there has been a violation of this chapter subchapter.

AB40-ASA1,1966 Section 1966. 168.16 (4) of the statutes is amended to read:

AB40-ASA1,1053,6 168.16 (4) The department may promulgate reasonable rules relating to the administration and enforcement of this chapter subchapter.

AB40-ASA1,1967 Section 1967. 168.17 of the statutes is amended to read:

AB40-ASA1,1053,11 168.17 Attorney general and district attorney to prosecute. Upon request of the department, the attorney general or proper district attorney shall prosecute any action to enforce this chapter subchapter except the fee that is imposed under s. 168.12 (1).

AB40-ASA1,1968 Section 1968. 168.18 of the statutes is repealed.

AB40-ASA1,1969 Section 1969. Subchapter II (title) of chapter 168 [precedes 168.21] of the statutes is created to read:

AB40-ASA1,1053,15 CHAPTER 168

AB40-ASA1,1053,16 SUBCHAPTER II

AB40-ASA1,1053,17 Storage of dangerous substances

AB40-ASA1,1970 Section 1970. 168.21 (2) of the statutes is created to read:

AB40-ASA1,1053,20 168.21 (2) "Department" means the department of agriculture, trade and consumer protection.

AB40-ASA1,1970q Section 1970q. 175.35 (2i) of the statutes is amended to read:

AB40-ASA1,1054,2 175.35 (2i) The department shall charge a firearms dealer a $13 $10 fee for each firearms restrictions record search that the firearms dealer requests 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.

AB40-ASA1,1971 Section 1971. 175.49 (5m) of the statutes is amended to read:

AB40-ASA1,1054,9 175.49 (5m) Fees. The department may charge a fee to verify eligibility for a certification card under this section, for the issuance of a certification card under sub. (3), or for the renewal of a certification card under sub. (5), but the fee may not exceed the costs the department incurs in verifying eligibility or for issuing or renewing a certification card. Payments made to the department under this subsection shall be credited to the appropriation account under s. 20.455 (2) (gu) (gr).

AB40-ASA1,1971m Section 1971m. 177.01 (1) of the statutes is amended to read:

AB40-ASA1,1054,11 177.01 (1) "Administrator" means the state treasurer secretary of revenue.

AB40-ASA1,1971n Section 1971n. 177.075 (3) of the statutes is created to read:

AB40-ASA1,1054,16 177.075 (3) Any intangible property distributable in the course of the dissolution of the Health Insurance Risk-Sharing Plan under 2013 Wisconsin Act .... (this act), section 9122 (1L), is presumed abandoned as otherwise provided under this chapter if sub. (1) (a), (b), or (c) does not apply with respect to the distribution.

AB40-ASA1,1971r Section 1971r. 177.23 (2) (e) of the statutes is amended to read:

AB40-ASA1,1054,19 177.23 (2) (e) Salaries of the employees of the office of the state treasurer and the department of revenue that are attributable to the administration of this chapter.

AB40-ASA1,1972 Section 1972. 180.1421 (2m) (b) of the statutes is amended to read:

AB40-ASA1,1054,25 180.1421 (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 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40-ASA1,1972m Section 1972m. 180.1440 of the statutes is amended to read:

AB40-ASA1,1055,6 180.1440 Delivery to state treasurer secretary of revenue. Assets of a dissolved corporation that should be transferred to a creditor, claimant or shareholder of the corporation and are unclaimed shall be reduced to cash and shall be reported and delivered to the state treasurer secretary of revenue as provided under ch. 177.

AB40-ASA1,1973 Section 1973. 180.1531 (2m) (b) of the statutes is amended to read:

AB40-ASA1,1055,12 180.1531 (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 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40-ASA1,1974 Section 1974. 181.0203 (3) of the statutes is amended to read:

AB40-ASA1,1055,17 181.0203 (3) Notification of reporting requirements. Upon filing articles of incorporation of a corporation, the department shall inform the corporation of the reporting requirements under s. 440.42 202.12 for charitable organizations that solicit contributions.

AB40-ASA1,1975 Section 1975. 181.1421 (2) (b) of the statutes is amended to read:

AB40-ASA1,1055,23 181.1421 (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 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40-ASA1,1976 Section 1976. 181.1421 (3) (d) of the statutes is amended to read:

AB40-ASA1,1056,3 181.1421 (3) (d) If the notice is published as a class 1 notice, under ch. 985, the effective date set under ch. 985 for the notice posted on the department's Internet site, the date of posting.

AB40-ASA1,1976m Section 1976m. 181.1440 of the statutes is amended to read:

AB40-ASA1,1056,14 181.1440 Deposit with state treasurer secretary of revenue. Assets of a dissolved corporation that should be transferred to a creditor, claimant, or member of the corporation who cannot be found or who is not competent to receive them, shall be reduced to cash subject to known trust restrictions and deposited with the state treasurer secretary of revenue for safekeeping. However, in the state treasurer's secretary's discretion property may be received and held in kind. When the creditor, claimant, or member furnishes satisfactory proof of entitlement to the amount deposited or property held in kind, the state treasurer secretary of revenue shall deliver to the creditor, member or other person or his or her representative that amount or property.

AB40-ASA1,1977 Section 1977. 181.1531 (2g) (b) of the statutes is amended to read:

AB40-ASA1,1056,20 181.1531 (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 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40-ASA1,1978 Section 1978. 181.1622 (1) (intro.) of the statutes is amended to read:

AB40-ASA1,1057,4 181.1622 (1) Content. (intro.) Each domestic corporation and each foreign corporation authorized to transact business in this state shall file with the department an annual report under this section. The department shall forward by 1st class mail a report form to every corporation that has filed an annual report during the past 2 years. The department shall mail the report form no later than 60 days before the date on which the corporation is required by this chapter to file an annual report. The annual report shall include that includes all of the following information:

AB40-ASA1,1978d Section 1978d. 182.017 (1g) (b) 1. of the statutes is amended to read:

AB40-ASA1,1057,9 182.017 (1g) (b) 1. A domestic corporation, limited liability company, partnership, or other business entity organized to furnish telegraph or telecommunications service or transmit heat, power, or electric current to the public or for public purposes.

AB40-ASA1,1978h Section 1978h. 182.017 (1g) (bm) of the statutes is created to read:

AB40-ASA1,1057,14 182.017 (1g) (bm) "Municipal regulation" means any contract, ordinance, resolution, order, or other regulation entered into, enacted, or issued by a municipality before, on, or after the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1,1978p Section 1978p. 182.017 (8) (a) of the statutes is amended to read:

AB40-ASA1,1057,25 182.017 (8) (a) Upon complaint by a company that a regulation by a municipality under sub. (1r) is unreasonable, the commission shall set a hearing and, if the commission finds that the regulation is unreasonable, the regulation shall be void. If Subject to pars. (am) to (c), if the commission determines that a municipal regulation that was in effect on January 1, 2007, and immediately prior to January 9, 2008, or that a community standard, as demonstrated through consistent practice and custom in the municipality, that was in effect on January 1, 2007, and immediately prior to January 9, 2008, is substantially the same as the municipal regulation complained of, there is a rebuttable presumption that the latter regulation is reasonable.

AB40-ASA1,1978t Section 1978t. 182.017 (8) (as) of the statutes is created to read:

AB40-ASA1,1058,4 182.017 (8) (as) Notwithstanding sub. (2), a municipal regulation is unreasonable if it requires a company to pay any part of the cost to modify or relocate the company's facilities to accommodate an urban rail transit system.

AB40-ASA1,1980 Section 1980. 183.09025 (2) (b) of the statutes is amended to read:

AB40-ASA1,1058,10 183.09025 (2) (b) Within 60 days after the date on which the notice is received or the date on which the class 1 notice under par. (d) is published posted, 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.

AB40-ASA1,1981 Section 1981. 183.09025 (2) (d) of the statutes is amended to read:

AB40-ASA1,1058,17 183.09025 (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 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40-ASA1,1982 Section 1982. 183.1021 (2g) (b) of the statutes is amended to read:

AB40-ASA1,1058,23 183.1021 (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 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40-ASA1,1982d Section 1982d. 185.75 (2) of the statutes is amended to read:

AB40-ASA1,1059,6 185.75 (2) Assets distributable in the course of the liquidation of a cooperative that remain unclaimed after one year may be reported and delivered to the state treasurer secretary of revenue as provided under ch. 177. Assets distributable in the course of the liquidation of a cooperative that are not forfeited under sub. (1) and that remain unclaimed after 5 years shall be reported and delivered to the state treasurer secretary of revenue under ch. 177.

AB40-ASA1,1982h Section 1982h. 186.235 (11) (p) 3. of the statutes is amended to read: