AB150: Bill Text

AB150, s. 4478 Section 4478. 168.08 (4) of the statutes is repealed.

AB150, s. 4479 Section 4479. 168.08 (5) of the statutes is repealed.

AB150, s. 4480 Section 4480. 168.10 of the statutes is amended to read:

AB150,1525,23 168.10 Access to records. Every agent or employe of any railroad company or other transportation company and every person transporting gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates, having the custody of books or records showing the shipment or receipt of gasoline, gasoline-alcohol fuel blends, kerosene, or other refined oils, fuel oils and petroleum distillates shall give and permit the department and the inspectors; and, in regard to the fee under s. 168.12 (1), shall give and permit the department of revenue; free access to such books and records for the purpose of determining the amount of petroleum products shipped and received. All clerks, bookkeepers, express agents, railroad agents or officials, employes, or common carriers, or other persons shall render provide the department and the inspectors; and, in regard to the fee under s. 168.12 (1), shall provide the department of revenue; all information in their possession when so requested in tracing, finding, sampling and inspecting such shipments.

AB150, s. 4481 Section 4481. 168.11 (2) (d) of the statutes is amended to read:

AB150,1526,3 168.11 (2) (d) Containers of 275 gallons capacity or more. This provision does not exempt such containers from the identification requirements under ch. Ind 8, Wis. adm. code specified in rules promulgated by the department.

AB150, s. 4482 Section 4482. 168.12 (1) of the statutes is repealed and recreated to read:

AB150,1526,9 168.12 (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 fee shall be paid under s. 168.125 and shall be based on the number of gallons reported under s. 168.125.

AB150, s. 4483 Section 4483. 168.12 (1g) of the statutes is created to read:

AB150,1526,14 168.12 (1g) The fee under sub. (1) is not imposed on petroleum products that are shipped from storage at a refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture to a person for storage at another refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture.

AB150, s. 4484 Section 4484. 168.12 (1r) of the statutes is created to read:

AB150,1526,17 168.12 (1r) The fee under sub. (1) is not imposed on petroleum products exported from this state by a person who is licensed under sub. (7) or s. 78.09.

AB150, s. 4485 Section 4485. 168.12 (2) of the statutes is repealed.

AB150, s. 4486 Section 4486. 168.12 (3) of the statutes is repealed.

AB150, s. 4487 Section 4487. 168.12 (4) of the statutes is repealed.

AB150, s. 4488 Section 4488. 168.12 (6) of the statutes is repealed.

AB150, s. 4489 Section 4489. 168.12 (7) of the statutes is created to read:

AB150,1527,4 168.12 (7) No person may ship petroleum products into this state unless that person either has a license under s. 78.09 or obtains a petroleum products shipper license from the department of revenue by filing with that department an application prescribed and furnished by that department and verified by the owner of the business if the owner is an individual, by a member if the owner is an unincorporated association, by a partner if the owner is a partnership or by the president and secretary if the owner is a corporation.

AB150, s. 4490 Section 4490. 168.12 (8) of the statutes is created to read:

AB150,1527,17 168.12 (8) (a) To protect the revenues of this state, the department of revenue may require any person who is liable to that department for the fee under sub. (1) to place with it security in the amount that that department determines. The department of revenue may increase or decrease the amount of the security, but that amount may not exceed 3 times the person's average monthly liability for the fee under sub. (1) as estimated by that department. If any person fails to provide that security, the department of revenue may refuse to issue a license under sub. (7) or s. 78.09 or may revoke the person's license under sub. (7) or s. 78.09. If any taxpayer is delinquent in the payment of the fee under sub. (1), the department of revenue may, upon 10 days' notice, recover the fee, interest, penalties, costs and disbursements from the person's security. The department of revenue may not pay interest on any security deposit.

AB150,1527,20 (b) The security required under par. (a) may be a surety bond furnished to the department of revenue and payable to this state. The department of revenue shall prescribe the form and contents of the bond.

AB150,1528,5 (c) The surety of a bond under par. (b) may conditionally cancel the bond by filing written notice with the person who is liable for the fee under sub. (1) and with the department of revenue. A surety who files that notice is not discharged from any liability that has accrued or from any liability that accrues within 60 days after the filing. If the person who is liable for the fee under sub. (1) does not, within 60 days after receiving the notice, file with the department of revenue a new bond that is satisfactory to that department, that department shall revoke the person's license under sub. (7) or s. 78.09. If the person furnishes a new bond, the department of revenue shall cancel and surrender the old bond when it is satisfied that all liability under the old bond has been discharged.

AB150,1528,10 (d) If the liability on the bond is discharged or reduced or if the department of revenue determines that the bond is insufficient, that department shall require additional surety or new bonds. If any person who is liable for the fee under sub. (1) fails to file that additional bond within 5 days after the department of revenue provides written notice, that person's license under sub. (7) or s. 78.09 is revoked.

AB150,1528,13 (e) Suspension, revocation or cancellation of a license under sub. (7) or s. 78.09, partial recovery on the bond or execution of a new bond does not affect the validity of a bond under this subsection.

AB150, s. 4491 Section 4491. 168.12 (9) of the statutes is created to read:

AB150,1528,16 168.12 (9) Sections 78.65 to 78.74 and 78.79 to 78.81 as they apply to the taxes under ch. 78 apply to the fee under sub. (1).

AB150, s. 4492 Section 4492. 168.125 of the statutes is created to read:

AB150,1528,22 168.125 Reports; payment. Persons who are liable for the fee under this chapter 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 requirement for payment of the motor vehicle fuel tax under s. 78.12 (5) apply to the fee under this chapter.

AB150, s. 4493 Section 4493. 168.13 of the statutes is amended to read:

AB150,1529,7 168.13 Required records. Every person receiving petroleum products in this state shall keep books and records of all petroleum products so received, together with bills of lading, waybills and other pertinent documents. Such books and records and other papers and documents shall, at all times during business hours of the day, be subject to inspection by the department and its inspectors, and are subject to inspection by the department of revenue in regard to the fee under s. 168.12 (1). Such books, records and other papers and documents shall be preserved for not less than 3 4 years, unless the department, in writing, authorizes their destruction or disposal at an earlier date.

AB150, s. 4494 Section 4494. 168.15 of the statutes is amended to read:

AB150,1529,12 168.15 Penalty. Every person who violates any provision of this chapter 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 is a separate violation.

AB150, s. 4495 Section 4495. 168.17 of the statutes is amended to read:

AB150,1529,17 168.17 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 except the fee that is imposed under s. 168.12 (1).

AB150, s. 4496 Section 4496. 175.45 (9) of the statutes is amended to read:

AB150,1529,21 175.45 (9) Cooperation. The departments of corrections, and health and social services and industry, labor and human relations shall cooperate with the department of justice in obtaining information under this section.

AB150, s. 4497 Section 4497. 177.30 (2) of the statutes is amended to read:

AB150,1530,5 177.30 (2) The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with this chapter. The administrator may designate the commissioner of banking department of financial institutions or other appropriate regulatory authority to examine the records of regulated institutions to determine if the institutions have complied with this chapter. The administrator may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this chapter.

AB150, s. 4498 Section 4498. 179.01 (2m) of the statutes is created to read:

AB150,1530,7 179.01 (2m) "Department" means the department of revenue.

AB150, s. 4499 Section 4499. 179.03 (2) of the statutes is amended to read:

AB150,1530,24 179.03 (2) The reservation shall be made by filing with the secretary of state department an application executed by the applicant to reserve a specified name together with a fee of $10, or making a telephone application to reserve a specified name. The fee for a telephone application to reserve a specified name for 60 days is $20. If the secretary of state department finds that the name is available for use by a domestic limited partnership or foreign limited partnership, the secretary of state department shall reserve the name for the exclusive use of the applicant for a period of 60 days. The secretary of state department shall cancel the telephone application to reserve a specified name if the secretary of state department does not receive the proper fee within 15 business days after the application. Once having reserved a name, the same applicant may not again reserve the same name until more than 60 days after the expiration of the last 60-day period for which that applicant reserved that name. The right to the exclusive use of a reserved name may be transferred to any other person by filing in the office of the secretary of state with the department, together with a fee of $10, a notice of the transfer executed by the applicant for whom the name was reserved and specifying the name and address of the transferee.

AB150, s. 4500 Section 4500. 179.04 (2) of the statutes is amended to read:

AB150,1531,6 179.04 (2) If a limited partnership fails to maintain an agent for service of process in this state or if the agent cannot with reasonable diligence be found, substituted service may be made on the secretary of state department by delivering duplicate copies of the process, together with a fee of $10. The secretary of state department shall forward one copy by registered mail, addressed to the limited partnership at its record office.

AB150, s. 4501 Section 4501. 179.11 (1) (intro.) of the statutes is amended to read:

AB150,1531,11 179.11 (1) (intro.) To form a limited partnership, a certificate of limited partnership must be executed and filed in the office of the secretary of state with the department. The certificate shall be filed together with a fee of $70 and shall contain all of the following information:

AB150, s. 4502 Section 4502. 179.11 (2) of the statutes is amended to read:

AB150,1531,16 179.11 (2) A limited partnership is formed at the time of the filing of the certificate of limited partnership in the office of the secretary of state with the department or at any later time specified in the certificate of limited partnership, if there has been substantial compliance with this section.

AB150, s. 4503 Section 4503. 179.12 (1) (intro.) of the statutes is amended to read:

AB150,1531,20 179.12 (1) (intro.) A certificate of limited partnership is amended by filing a certificate of amendment in the office of the secretary of state with the department, together with a fee of $25. The certificate shall specify all of the following:

AB150, s. 4504 Section 4504. 179.12 (6) of the statutes is amended to read:

AB150,1531,24 179.12 (6) Except as otherwise provided in this chapter or in the certificate of amendment, a certificate of amendment is effective on its filing in the office of the secretary of state department.

AB150, s. 4505 Section 4505. 179.13 (intro.) of the statutes is amended to read:

AB150,1532,6 179.13 Cancellation of certificate. (intro.) A certificate of limited partnership shall be canceled upon the dissolution and the commencement of winding up of the limited partnership or at any other time that there are no limited partners. A certificate of cancellation shall be filed together with a fee of $10 in the office of the secretary of state with the department and shall specify all of the following:

AB150, s. 4506 Section 4506. 179.14 (1) (intro.) of the statutes is amended to read:

AB150,1532,10 179.14 (1) (intro.) Each certificate required by this subchapter to be filed in the office of the secretary of state with the department shall be executed in the following manner:

AB150, s. 4507 Section 4507. 179.15 of the statutes is amended to read:

AB150,1532,18 179.15 Execution of certificate by court order. If a person required by s. 179.14 to execute any certificate fails or refuses to do so, any other person who is adversely affected by the failure or refusal, may petition the circuit court to direct the execution of the certificate. If the court finds that it is proper for the certificate to be executed and that any person so designated has failed or refused to execute the certificate, it shall order the secretary of state department to record an appropriate certificate.

AB150, s. 4508 Section 4508. 179.16 (title) of the statutes is amended to read:

AB150,1532,20 179.16 (title) Filing with the secretary of state department of revenue.

AB150, s. 4509 Section 4509. 179.16 (1) (intro.) of the statutes is amended to read:

AB150,1533,3 179.16 (1) (intro.)  Two signed copies of the certificate of limited partnership and of any certificates of amendment or cancellation or of any court order under s. 179.15 shall be delivered to the secretary of state department. A person who executes a certificate as an officer, general partner or fiduciary need not exhibit evidence of his or her authority as a prerequisite to filing. Unless the document does not conform to law, upon receipt of all filing fees the secretary of state department shall do all of the following:

AB150, s. 4510 Section 4510. 179.16 (1) (b) of the statutes is amended to read:

AB150,1533,5 179.16 (1) (b) File one duplicate original in his or her office the department.

AB150, s. 4511 Section 4511. 179.16 (2) of the statutes is amended to read:

AB150,1533,11 179.16 (2) Upon the filing of a certificate of amendment or court order of amendment in the office of the secretary of state department, the certificate of limited partnership shall be amended as set forth in the certificate or order, and upon the effective date of a certificate of cancellation or court order of cancellation, the certificate of limited partnership is canceled.

AB150, s. 4512 Section 4512. 179.16 (3) (a) (intro.) of the statutes is amended to read:

AB150,1533,14 179.16 (3) (a) (intro.) The secretary of state department may waive any of the following:

AB150, s. 4513 Section 4513. 179.16 (3) (a) 2. of the statutes is amended to read:

AB150,1533,18 179.16 (3) (a) 2. An omission or defect in a document, if the secretary of state department determines from the face of the document that the omission or defect is immaterial.

AB150, s. 4514 Section 4514. 179.16 (4) (intro.) of the statutes is amended to read:

AB150,1533,21 179.16 (4) (intro.) The secretary of state department shall charge and collect for:

AB150, s. 4515 Section 4515. 179.16 (5) of the statutes is amended to read:

AB150,1534,2 179.16 (5) The secretary of state department shall charge and collect, for processing a document required or permitted to be filed under this chapter in an expeditious manner, or preparing the information under sub. (4) in an expeditious manner, the expedited service fee under s. 14.38 (9) s. 73.20 (4) in addition to the fee required by other provisions of this chapter.

AB150, s. 4516 Section 4516. 179.18 of the statutes is amended to read:

AB150,1534,7 179.18 Notice conferred by filing. The fact that a certificate of limited partnership is on file in the office of the secretary of state with the department is notice that the partnership is a limited partnership and the persons designated as general partners are general partners, but it is not notice of any other fact.

AB150, s. 4517 Section 4517. 179.185 (1) of the statutes is amended to read:

AB150,1534,14 179.185 (1) A limited partnership may integrate into a single instrument the operative provisions of its certificate of limited partnership, as shown by the original certificate and amendments filed under this subchapter, and it may at the same time also further amend its certificate of limited partnership by adopting a restated certificate of limited partnership. The restated certificate shall be filed together with a fee of $25 in the office of the secretary of state with the department.

AB150, s. 4518 Section 4518. 179.185 (4) of the statutes is amended to read:

AB150,1534,20 179.185 (4) On filing the restated certificate with the secretary of state department, the original certificate, as amended under this subchapter, is superseded. After its filing, the restated certificate is the certificate of limited partnership of the limited partnership, but the original effective date of formation shall remain unchanged.

AB150, s. 4519 Section 4519. 179.19 of the statutes is amended to read:

AB150,1535,2 179.19 Delivery of certificates to limited partners. Upon the return by the secretary of state department under s. 179.16 of a certificate marked "Filed", the general partners shall promptly deliver or mail a copy of the certificate of limited partnership and each certificate to each limited partner unless the partnership agreement provides otherwise.

AB150, s. 4520 Section 4520. 179.24 (1) (b) of the statutes is amended to read:

AB150,1535,7 179.24 (1) (b) Withdraws from future equity participation in the enterprise by executing and filing in the office of the secretary of state with the department, together with a $15 filing fee, a certificate declaring withdrawal under this paragraph.

AB150, s. 4521 Section 4521. 179.82 (intro.) of the statutes is amended to read:

AB150,1535,13 179.82 Registration. (intro.) Before transacting business in this state, a foreign limited partnership shall register with the secretary of state department. A foreign limited partnership shall submit in duplicate, together with a filing fee of $75, an application for registration as a foreign limited partnership, signed and sworn to by a general partner and setting forth all of the following:

AB150, s. 4522 Section 4522. 179.82 (5) of the statutes is amended to read:

AB150,1535,18 179.82 (5) A statement that the secretary of state department is appointed the agent of the foreign limited partnership for service of process under s. 179.88 if the agent's authority has been revoked or the agent cannot be found or served with the exercise of reasonable diligence.

AB150, s. 4523 Section 4523. 179.83 (1) (intro.) of the statutes is amended to read: