SB176: Bill Text

SB176,14,2 71.80 (12) (title) Department Secretary of state deemed lawful attorney for nonresident. (a) The transaction of business or the performance of personal services in this state or the derivation of income from property the income from which has a taxable situs in this state by any nonresident person, except where the nonresident is a foreign corporation that has been licensed pursuant to ch. 180, shall be deemed an irrevocable appointment by such person, binding upon that person, that person's executor, administrator or personal representative, of the department of financial institutions secretary of state to be that person's lawful attorney upon whom may be served any notice, order, pleading or process (including without limitation by enumeration any notice of assessment, denial of application for abatement or denial of claim for refund) by any administrative agency or in any proceeding by or before any administrative agency, or in any proceeding or action in any court, to enforce or effect full compliance with or involving the provisions of this chapter. The transaction of business, the performance of personal services or derivation of income from such property in this state shall be a signification of that person's agreement that any such notice, order, pleading or process which is so served shall be of the same legal force and validity as if served on that person personally, or upon that person's executor, administrator or personal representative.

SB176,14,18 (b) The transaction of business in this state or the derivation of income which has a situs in this state under the provisions of this chapter by any person while a resident of this state shall be deemed an irrevocable appointment by such person, binding upon that person, that person's executor, administrator or personal representative, effective upon such person becoming a nonresident of this state, of the department of financial institutions secretary of state to be that person's true and lawful attorney upon whom may be served any notice, order, pleading or process (including without limitation by enumeration any notice of assessment, denial of application for abatement or denial of claim for refund) by any administrative agency or in any proceeding by or before an administrative agency, or in any proceeding or action in any court, to enforce or effect full compliance with or involving the provisions of this chapter. And the transaction of such business or the derivation of such income shall be a signification of that person's agreement that any such notice, order, pleading or process which is so served shall be of the same legal force and validity as if served on that person personally, or upon that person's executor, administrator or personal representative.

SB176,15,6 (c) Service under par. (a) or (b) shall be made by serving a copy upon the department of financial institutions secretary of state or by filing such copy with the department of financial institutions office of the secretary of state, and such service shall be sufficient service upon such person, or that person's executor, administrator or personal representative if notice of such service and a copy of the notice, order, pleading or process are within 10 days thereafter sent by mail by the state department, officer or agency making such service to such person, or that person's executor, administrator or personal representative, at that person's last-known address, and that an affidavit of compliance herewith is filed with the department of financial institutions secretary of state. The department of financial institutions secretary of state shall keep a record of all such notices, orders, pleadings, processes and affidavits and shall note in such record the day and hour of service upon the department secretary.

SB176, s. 16 Section 16. 84.02 (4) (b) of the statutes is amended to read:

SB176,15,22 84.02 (4) (b) No person shall mark any other highway routes or trails unless the route marked shall coincide exactly with the state trunk system. No such routes shall be marked until exact descriptions of the routes selected for marking have been filed with and the routes and markings approved by the department. Every route laid out and marked shall be made to conform to the state trunk system, and the person responsible for the marking of such route shall remove or erase such marks from every portion of such route which does not coincide with the state trunk highway system. The department shall report to the department of financial institutions secretary of state any violations of or failure to comply with the provisions of this subsection, and the department of financial institutions secretary of state shall thereupon revoke the privilege, license or incorporation of the offender, and the department shall cause the offending marks to be erased, removed or destroyed. The expense of such erasure, removal or destruction shall be paid out of funds appropriated to the department, and may be recovered in the name of the state from the person responsible for such unauthorized marking.

SB176, s. 17 Section 17. 88.05 (6) of the statutes is amended to read:

SB176,16,3 88.05 (6) Railroad companies shall file with the department of financial institutions secretary of state a document stating the name and post-office address of the person upon whom any notice required by this chapter may be served.

SB176, s. 18 Section 18. 96.17 (6) of the statutes is amended to read:

SB176,16,12 96.17 (6) If a handler is not a resident or is not authorized to do business in this state, the handler may designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do business in this state. The designation shall be in writing and filed with the department of financial institutions secretary of state. If no designation is made and filed or if process cannot be served in this state upon the designated agent, after reasonable effort, process may be served upon the department of financial institutions secretary of state.

SB176, s. 19 Section 19. 100.23 (5) (b) (intro.) of the statutes is amended to read:

SB176,16,16 100.23 (5) (b) (intro.) Has a current annual report on file with the department of financial institutions secretary of state which satisfies all of the following requirements:

SB176, s. 20 Section 20. 100.23 (5) (b) 2. of the statutes is amended to read:

SB176,16,20 100.23 (5) (b) 2. Is on a form furnished to the association by the department of financial institutions secretary of state using information given as of the date of the execution of the report.

SB176, s. 21 Section 21. 100.23 (5) (b) 4. of the statutes is amended to read:

SB176,16,25 100.23 (5) (b) 4. Is filed with the department of financial institutions secretary of state in each year following the year in which the association first filed the annual report required under this paragraph, during the calendar year quarter in which the anniversary of the filing occurs.

SB176, s. 22 Section 22. 100.23 (6) (intro.) of the statutes is amended to read:

SB176,17,3 100.23 (6) (title) Department of financial institutions Secretary of state duties. (intro.) The department of financial institutions secretary of state shall:

SB176, s. 23 Section 23. 100.23 (6) (c) of the statutes is amended to read:

SB176,17,12 100.23 (6) (c) Upon receipt of a report required under sub. (5) (b), determine if the report satisfies the requirements of sub. (5) (b). If the department of financial institutions secretary of state determines that the report does not satisfy all of those requirements, the department of financial institutions secretary of state shall return the report to the association which filed it, along with a notice of any correction required. If the association files a corrected report within 30 days after the association receives that notice, the report shall be deemed timely filed for purposes of sub. (5) (b) 4.

SB176, s. 24 Section 24. 102.17 (1) (a) of the statutes is amended to read:

SB176,18,10 102.17 (1) (a) Upon the filing with the department by any party in interest of any application in writing stating the general nature of any claim as to which any dispute or controversy may have arisen, it shall mail a copy of such application to all other parties in interest and the insurance carrier shall be deemed a party in interest. The department may bring in additional parties by service of a copy of the application. The department shall cause notice of hearing on the application to be given to each party interested, by service of such notice on the interested party personally or by mailing a copy to the interested party's last-known address at least 10 days before such hearing. In case a party in interest is located without the state, and has no post-office address within this state, the copy of the application and copies of all notices shall be filed with the department of financial institutions in the office of the secretary of state and shall also be sent by registered or certified mail to the last-known post-office address of such party. Such filing and mailing shall constitute sufficient service, with the same effect as if served upon a party located within this state. The hearing may be adjourned in the discretion of the department, and hearings may be held at such places as the department designates, within or without the state. The department may also arrange to have hearing held by the commission, officer or tribunal having authority to hear cases arising under the worker's compensation law of any other state, of the District of Columbia, or of any territory of the United States, the testimony and proceedings at any such hearing to be reported to the department and to be part of the record in the case. Any evidence so taken shall be subject to rebuttal upon final hearing before the department.

SB176, s. 25 Section 25. 111.07 (2) (a) of the statutes is amended to read:

SB176,19,11 111.07 (2) (a) Upon the filing with the commission by any party in interest of a complaint in writing, on a form provided by the commission, charging any person with having engaged in any specific unfair labor practice, it shall mail a copy of such complaint to all other parties in interest. Any other person claiming interest in the dispute or controversy, as an employer, an employe, or their representative, shall be made a party upon application. The commission may bring in additional parties by service of a copy of the complaint. Only one such complaint shall issue against a person with respect to a single controversy, but any such complaint may be amended in the discretion of the commission at any time prior to the issuance of a final order based thereon. The person or persons so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the notice of hearing. The commission shall fix a time for the hearing on such complaint, which will be not less than 10 nor more than 40 days after the filing of such complaint, and notice shall be given to each party interested by service on the party personally or by mailing a copy thereof to the party at the party's last-known post-office address at least 10 days before such hearing. In case a party in interest is located without the state and has no known post-office address within this state, a copy of the complaint and copies of all notices shall be filed with the department of financial institutions in the office of the secretary of state and shall also be sent by registered mail to the last-known post-office address of such party. Such filing and mailing shall constitute sufficient service with the same force and effect as if served upon the party located within this state. Such hearing may be adjourned from time to time in the discretion of the commission and hearings may be held at such places as the commission shall designate.

SB176, s. 26 Section 26. 133.12 of the statutes is amended to read:

SB176,19,25 133.12 Domestic and foreign corporations and limited liability companies; cancellation of charters or certificates of authority for restraining trade; affidavit. Any corporation or limited liability company organized under the laws of this state or foreign corporation or foreign limited liability company authorized to transact business in this state pursuant to a certificate of authority from the department of financial institutions secretary of state which violates any provision of this chapter, may, upon proof thereof, in any circuit court have its charter or authority to transact business in this state suspended, canceled or annulled. Every corporation shall, in its annual report filed with the department of financial institutions secretary of state, show whether it has entered into any contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce. The department of justice shall enforce this section.

SB176, s. 27 Section 27. 134.45 (3) (b) of the statutes is amended to read:

SB176,20,6 134.45 (3) (b) A domestic or foreign corporation, association or limited liability company exercising any of the powers, franchises or functions of a business entity in this state that violates any provision of this section, shall not have the right of, and shall be prohibited from, doing business in this state, and the department of financial institutions secretary of state shall revoke its certificate to do business in this state.

SB176, s. 28 Section 28. 139.34 (9) of the statutes is amended to read:

SB176,20,22 139.34 (9) The applicant for a permit, if a nonresident, foreign corporation or foreign limited liability company, shall file proof that the applicant has appointed the department of financial institutions secretary of state as agent for the service of process on any matter arising under ss. 139.30 to 139.44. A foreign corporation without a place of business in this state need not obtain a certificate of authority under ss. 180.1501 to 180.1505. If a foreign corporation has a certificate of authority under ss. 180.1501 to 180.1505, the foreign corporation satisfies this subsection by filing the address of its registered office in this state and the name of its registered agent at that office and by promptly filing any changes to this information. A foreign limited liability company without a place of business in this state need not obtain a certificate of registration under ss. 183.1002 to 183.1007. If a foreign limited liability company has a certificate of registration under ss. 183.1002 to 183.1007, the foreign limited liability company satisfies this subsection by filing the address of its registered office in this state and the name of its registered agent at that office and by promptly filing any changes to this information.

SB176, s. 29 Section 29. 157.062 (1) of the statutes is amended to read:

SB176,21,8 157.062 (1) Organization. Seven or more residents of the same county may form a cemetery association. They shall meet, select a chairperson and secretary, choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor more than 9 trustees whom the chairperson and secretary shall immediately divide by lot into 3 classes, who shall hold their offices for 1, 2 and 3 years, respectively. Within 3 days, the chairperson and secretary shall certify the corporate name, the names, home addresses and business addresses of the organizers and of the trustees, and their classification, and the annual meeting date acknowledged by them, and, except as provided in sub. (9), deliver the certification to the department of financial institutions secretary of state. The association then has the powers of a corporation.

SB176, s. 30 Section 30. 157.062 (2) of the statutes is amended to read:

SB176,21,15 157.062 (2) Amendments. The association may change its name, the number of trustees or the annual meeting date by resolution at an annual meeting, or special meeting called for such purpose, by a majority vote of the members present, and, except as provided in sub. (9), by delivering to the department of financial institutions secretary of state a copy of the resolution, with the date of adoption, certified by the president and secretary or corresponding officers.

SB176, s. 31 Section 31. 157.062 (6) (b) of the statutes is amended to read:

SB176,22,6 157.062 (6) (b) If an association that has been dissolved under par. (a), or any group that was never properly organized as a cemetery association, has cemetery grounds and human remains are buried in the cemetery grounds, 5 or more members, or persons interested as determined by order of the circuit judge under par. (c), may publish a class 3 notice, under ch. 985, in the municipality in which the cemetery is located, of the time, place and object of the meeting, assemble and reorganize by the election of trustees and divide them into classes as provided in sub. (1), the commencement of the terms to be computed from the next annual meeting date. The secretary shall enter the proceedings of the meeting on the records. The association is reorganized upon delivery of a copy of the proceedings to the department of financial institutions secretary of state, except as provided in sub. (9). Upon reorganization, the title to the cemetery grounds, trust funds and all other property of the association or group vests in the reorganized association, under the control of the trustees. The reorganized association may continue the name of the dissolved association or may adopt a new name.

SB176, s. 32 Section 32. 157.062 (6m) of the statutes is amended to read:

SB176,22,10 157.062 (6m) Forms. The department of financial institutions secretary of state may prescribe and furnish forms for providing the information required under subs. (1) to (6).

SB176, s. 33 Section 33. 157.062 (9) of the statutes is amended to read:

SB176,22,18 157.062 (9) Exemptions for certain nonprofit cemeteries. In lieu of delivering a certification, resolution or copy of proceedings to the department of financial institutions secretary of state under sub. (1), (2) or (6) (b), a cemetery association that is not required to be registered under s. 440.91 (1) and that is not organized or conducted for pecuniary profit shall deliver the certification, resolution or copy of proceedings to the office of the register of deeds of the county in which the cemetery is located.

SB176, s. 34 Section 34. 157.064 (7) of the statutes is amended to read:

SB176,22,25 157.064 (7) Not more than 30 days after a transfer under sub. (6), the transferring association shall notify the department of financial institutions secretary of state in writing of the transfer, including the name and address of the accepting association or its treasurer. The department of financial institutions secretary of state may prescribe and furnish forms for providing the information required under this subsection.

SB176, s. 35 Section 35. 157.62 (1) (a) (intro.) of the statutes is amended to read:

SB176,23,7 157.62 (1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every cemetery association shall file an annual report with the department of financial institutions secretary of state. The report shall be made on a calendar-year basis unless the department of financial institutions secretary of state, by rule, provides for other reporting periods. The report is due on the 60th day after the last day of the reporting period. The annual report shall include all of the following:

SB176, s. 36 Section 36. 157.62 (1) (c) of the statutes is amended to read:

SB176,23,14 157.62 (1) (c) The department of financial institutions secretary of state may prescribe and furnish forms for reports required under this subsection. If the department of financial institutions secretary of state prescribes forms under this paragraph, the department of financial institutions secretary of state shall mail the forms to cemetery associations required to file under par. (a) no later than 60 days before the reports are due.

SB176, s. 37 Section 37. 178.01 (2) (de) of the statutes is repealed.

SB176, s. 38 Section 38. 178.40 (1) (intro.) of the statutes is amended to read:

SB176,23,20 178.40 (1) (intro.) To become a registered limited liability partnership or a foreign registered limited liability partnership, a partnership shall file with the department secretary of state the fee specified in s. 178.48 and a registration statement that includes all of the following:

SB176, s. 39 Section 39. 178.40 (2) (intro.) of the statutes is amended to read:

SB176,23,25 178.40 (2) (intro.) A registered limited liability partnership or a foreign registered limited liability partnership may amend its registration statement at any time by filing with the department secretary of state a statement that includes all of the following:

SB176, s. 40 Section 40. 178.40 (3) (intro.) of the statutes is amended to read:

SB176,24,5 178.40 (3) (intro.) A registered limited liability partnership or a foreign registered limited liability partnership may terminate its registration by filing with the department secretary of state the fee specified in s. 178.48 and a written notice of withdrawal that includes all of the following:

SB176, s. 41 Section 41. 178.41 (1) (a) of the statutes is amended to read:

SB176,24,11 178.41 (1) (a) The department's secretary of state's filing of a registration statement is conclusive proof that the partnership is registered as a registered limited liability partnership or a foreign registered limited liability partnership under this chapter, except in a proceeding by the state to revoke the registration, and is notice of all other facts set forth in the registration statement.

SB176, s. 42 Section 42. 178.41 (1) (b) of the statutes is amended to read:

SB176,24,16 178.41 (1) (b) The department's secretary of state's filing of a registration statement of a foreign registered limited liability partnership under s. 178.40 constitutes its certificate of authority to transact business in this state and is notice of all other facts set forth in the registration statement.

SB176, s. 43 Section 43. 178.42 (3) (intro.) of the statutes is amended to read:

SB176,24,20 178.42 (3) (intro.) Except as provided in sub. (4), the name of a registered limited liability partnership shall be distinguishable upon the records of the department secretary of state from all of the following names:

SB176, s. 44 Section 44. 178.44 (3) of the statutes is amended to read:

SB176,25,2 178.44 (3) If the address of the registered limited liability partnership's or foreign registered limited liability partnership's principal office cannot be determined from the records of the department secretary of state, the partnership may be served by publishing a class 3 notice, under ch. 985, in the community in which the partnership's principal office or registered office, as most recently designated in the records of the department secretary of state, is located.

SB176, s. 45 Section 45. 178.45 (1) (b) of the statutes is amended to read:

SB176,25,5 178.45 (1) (b) Obtain a certificate of authority from the department secretary of state by filing a registration statement under s. 178.40.

SB176, s. 46 Section 46. 178.45 (4) (f) of the statutes is amended to read:

SB176,25,12 178.45 (4) (f) The foreign registered limited liability partnership shall pay the amount owed under par. (e) to the department secretary of state. The department secretary of state may not issue a certificate of authority to the foreign registered limited liability partnership until the amount owed is paid. The attorney general may enforce a foreign registered limited liability partnership's obligation to pay any amount owed under par. (e).

SB176, s. 47 Section 47. 178.46 (1) (intro.) of the statutes is amended to read:

SB176,25,16 178.46 (1) (intro.) Except as provided in sub. (4), a document required or permitted to be filed under s. 178.40 or 178.50 in the office of the department secretary of state shall satisfy all of the following requirements:

SB176, s. 48 Section 48. 178.46 (1) (c) of the statutes is amended to read:

SB176,25,19 178.46 (1) (c) Contain the name of the drafter, if required by s. 14.38 (14) 182.01 (3).

SB176, s. 49 Section 49. 178.46 (1) (e) of the statutes is amended to read:

SB176,25,22 178.46 (1) (e) Be on the form prescribed by the department secretary of state if the document is described in s. 178.47.

SB176, s. 50 Section 50. 178.46 (1) (f) of the statutes is amended to read:

SB176,26,3 178.46 (1) (f) Be delivered to the department secretary of state for filing and be accompanied by one exact or conformed copy and the filing fee required by s. 178.48.

SB176, s. 51 Section 51. 178.46 (2) of the statutes is amended to read:

SB176,26,7 178.46 (2) The department secretary of state shall file photocopies or other reproduced copies of typewritten or printed documents if the copies satisfy sub. (1) and are originally executed to satisfy sub. (3).

SB176, s. 52 Section 52. 178.46 (4) of the statutes is amended to read:

SB176,26,11 178.46 (4) The department secretary of state may waive any of the requirements of subs. (1) to (3) if it appears from the face of the document that the document's failure to satisfy the requirement is immaterial.

SB176, s. 53 Section 53. 178.47 (1) (a) (intro.) of the statutes is amended to read:

SB176,26,14 178.47 (1) (a) (intro.) The department secretary of state shall prescribe and furnish on request forms for all of the following documents:

SB176, s. 54 Section 54. 178.47 (1) (b) of the statutes is amended to read:

SB176,26,18 178.47 (1) (b) The forms prescribed by the department secretary of state under par. (a) 1., 2. and 3. shall require disclosure of only the information required under s. 178.40 (1), (2) and (3), respectively.

SB176, s. 55 Section 55. 178.47 (2) of the statutes is amended to read:

SB176,26,23 178.47 (2) The department secretary of state may prescribe and furnish on request forms for other documents required or permitted to be filed with the department secretary of state under this chapter, but use of these forms is not mandatory.

SB176, s. 56 Section 56. 178.48 (1) (intro.) of the statutes is amended to read:

SB176,27,3 178.48 (1) (intro.) The department secretary of state shall collect the following fees when the documents described under this subsection are delivered to the department secretary of state for filing:

SB176, s. 57 Section 57. 178.48 (2) of the statutes is amended to read:

SB176,27,6 178.48 (2) The department secretary of state shall collect a $10 fee each time process is served on the department secretary of state under this chapter.

SB176, s. 58 Section 58. 178.48 (3) of the statutes is amended to read:

SB176,27,11 178.48 (3) In addition to the fees required under sub. (1), the department secretary of state shall collect $25 for processing in an expeditious manner a document required or permitted to be filed with the department secretary of state under this chapter.

SB176, s. 59 Section 59. 178.49 (1) (a) (intro.) of the statutes is amended to read: