SB176,14,210 71.80 (12) (title) Department Secretary of state deemed lawful attorney for
11nonresident.
(a) The transaction of business or the performance of personal services
12in this state or the derivation of income from property the income from which has a
13taxable situs in this state by any nonresident person, except where the nonresident
14is a foreign corporation that has been licensed pursuant to ch. 180, shall be deemed
15an irrevocable appointment by such person, binding upon that person, that person's
16executor, administrator or personal representative, of the department of financial
17institutions
secretary of state to be that person's lawful attorney upon whom may be
18served any notice, order, pleading or process (including without limitation by
19enumeration any notice of assessment, denial of application for abatement or denial
20of claim for refund) by any administrative agency or in any proceeding by or before
21any administrative agency, or in any proceeding or action in any court, to enforce or
22effect full compliance with or involving the provisions of this chapter. The
23transaction of business, the performance of personal services or derivation of income
24from such property in this state shall be a signification of that person's agreement
25that any such notice, order, pleading or process which is so served shall be of the same

1legal force and validity as if served on that person personally, or upon that person's
2executor, administrator or personal representative.
SB176,14,183 (b) The transaction of business in this state or the derivation of income which
4has a situs in this state under the provisions of this chapter by any person while a
5resident of this state shall be deemed an irrevocable appointment by such person,
6binding upon that person, that person's executor, administrator or personal
7representative, effective upon such person becoming a nonresident of this state, of
8the department of financial institutions secretary of state to be that person's true and
9lawful attorney upon whom may be served any notice, order, pleading or process
10(including without limitation by enumeration any notice of assessment, denial of
11application for abatement or denial of claim for refund) by any administrative agency
12or in any proceeding by or before an administrative agency, or in any proceeding or
13action in any court, to enforce or effect full compliance with or involving the
14provisions of this chapter. And the transaction of such business or the derivation of
15such income shall be a signification of that person's agreement that any such notice,
16order, pleading or process which is so served shall be of the same legal force and
17validity as if served on that person personally, or upon that person's executor,
18administrator or personal representative.
SB176,15,619 (c) Service under par. (a) or (b) shall be made by serving a copy upon the
20department of financial institutions secretary of state or by filing such copy with the
21department of financial institutions office of the secretary of state, and such service
22shall be sufficient service upon such person, or that person's executor, administrator
23or personal representative if notice of such service and a copy of the notice, order,
24pleading or process are within 10 days thereafter sent by mail by the state
25department, officer or agency making such service to such person, or that person's

1executor, administrator or personal representative, at that person's last-known
2address, and that an affidavit of compliance herewith is filed with the department
3of financial institutions
secretary of state. The department of financial institutions
4secretary of state shall keep a record of all such notices, orders, pleadings, processes
5and affidavits and shall note in such record the day and hour of service upon the
6department secretary.
SB176, s. 16 7Section 16. 84.02 (4) (b) of the statutes is amended to read:
SB176,15,228 84.02 (4) (b) No person shall mark any other highway routes or trails unless
9the route marked shall coincide exactly with the state trunk system. No such routes
10shall be marked until exact descriptions of the routes selected for marking have been
11filed with and the routes and markings approved by the department. Every route
12laid out and marked shall be made to conform to the state trunk system, and the
13person responsible for the marking of such route shall remove or erase such marks
14from every portion of such route which does not coincide with the state trunk
15highway system. The department shall report to the department of financial
16institutions
secretary of state any violations of or failure to comply with the
17provisions of this subsection, and the department of financial institutions secretary
18of state
shall thereupon revoke the privilege, license or incorporation of the offender,
19and the department shall cause the offending marks to be erased, removed or
20destroyed. The expense of such erasure, removal or destruction shall be paid out of
21funds appropriated to the department, and may be recovered in the name of the state
22from the person responsible for such unauthorized marking.
SB176, s. 17 23Section 17. 88.05 (6) of the statutes is amended to read:
SB176,16,3
188.05 (6) Railroad companies shall file with the department of financial
2institutions
secretary of state a document stating the name and post-office address
3of the person upon whom any notice required by this chapter may be served.
SB176, s. 18 4Section 18. 96.17 (6) of the statutes is amended to read:
SB176,16,125 96.17 (6) If a handler is not a resident or is not authorized to do business in this
6state, the handler may designate an agent upon whom service of process may be
7made in this state. The agent shall be a resident of this state or a corporation
8authorized to do business in this state. The designation shall be in writing and filed
9with the department of financial institutions secretary of state. If no designation is
10made and filed or if process cannot be served in this state upon the designated agent,
11after reasonable effort, process may be served upon the department of financial
12institutions
secretary of state.
SB176, s. 19 13Section 19. 100.23 (5) (b) (intro.) of the statutes is amended to read:
SB176,16,1614 100.23 (5) (b) (intro.) Has a current annual report on file with the department
15of financial institutions
secretary of state which satisfies all of the following
16requirements:
SB176, s. 20 17Section 20. 100.23 (5) (b) 2. of the statutes is amended to read:
SB176,16,2018 100.23 (5) (b) 2. Is on a form furnished to the association by the department of
19financial institutions
secretary of state using information given as of the date of the
20execution of the report.
SB176, s. 21 21Section 21. 100.23 (5) (b) 4. of the statutes is amended to read:
SB176,16,2522 100.23 (5) (b) 4. Is filed with the department of financial institutions secretary
23of state
in each year following the year in which the association first filed the annual
24report required under this paragraph, during the calendar year quarter in which the
25anniversary of the filing occurs.
SB176, s. 22
1Section 22. 100.23 (6) (intro.) of the statutes is amended to read:
SB176,17,32 100.23 (6) (title) Department of financial institutions Secretary of state
3duties.
(intro.) The department of financial institutions secretary of state shall:
SB176, s. 23 4Section 23. 100.23 (6) (c) of the statutes is amended to read:
SB176,17,125 100.23 (6) (c) Upon receipt of a report required under sub. (5) (b), determine
6if the report satisfies the requirements of sub. (5) (b). If the department of financial
7institutions
secretary of state determines that the report does not satisfy all of those
8requirements, the department of financial institutions secretary of state shall return
9the report to the association which filed it, along with a notice of any correction
10required. If the association files a corrected report within 30 days after the
11association receives that notice, the report shall be deemed timely filed for purposes
12of sub. (5) (b) 4.
SB176, s. 24 13Section 24. 102.17 (1) (a) of the statutes is amended to read:
SB176,18,1014 102.17 (1) (a) Upon the filing with the department by any party in interest of
15any application in writing stating the general nature of any claim as to which any
16dispute or controversy may have arisen, it shall mail a copy of such application to all
17other parties in interest and the insurance carrier shall be deemed a party in
18interest. The department may bring in additional parties by service of a copy of the
19application. The department shall cause notice of hearing on the application to be
20given to each party interested, by service of such notice on the interested party
21personally or by mailing a copy to the interested party's last-known address at least
2210 days before such hearing. In case a party in interest is located without the state,
23and has no post-office address within this state, the copy of the application and
24copies of all notices shall be filed with the department of financial institutions in the
25office of the secretary of state and shall also be sent by registered or certified mail

1to the last-known post-office address of such party. Such filing and mailing shall
2constitute sufficient service, with the same effect as if served upon a party located
3within this state. The hearing may be adjourned in the discretion of the department,
4and hearings may be held at such places as the department designates, within or
5without the state. The department may also arrange to have hearing held by the
6commission, officer or tribunal having authority to hear cases arising under the
7worker's compensation law of any other state, of the District of Columbia, or of any
8territory of the United States, the testimony and proceedings at any such hearing to
9be reported to the department and to be part of the record in the case. Any evidence
10so taken shall be subject to rebuttal upon final hearing before the department.
SB176, s. 25 11Section 25. 111.07 (2) (a) of the statutes is amended to read:
SB176,19,1112 111.07 (2) (a) Upon the filing with the commission by any party in interest of
13a complaint in writing, on a form provided by the commission, charging any person
14with having engaged in any specific unfair labor practice, it shall mail a copy of such
15complaint to all other parties in interest. Any other person claiming interest in the
16dispute or controversy, as an employer, an employe, or their representative, shall be
17made a party upon application. The commission may bring in additional parties by
18service of a copy of the complaint. Only one such complaint shall issue against a
19person with respect to a single controversy, but any such complaint may be amended
20in the discretion of the commission at any time prior to the issuance of a final order
21based thereon. The person or persons so complained of shall have the right to file an
22answer to the original or amended complaint and to appear in person or otherwise
23and give testimony at the place and time fixed in the notice of hearing. The
24commission shall fix a time for the hearing on such complaint, which will be not less
25than 10 nor more than 40 days after the filing of such complaint, and notice shall be

1given to each party interested by service on the party personally or by mailing a copy
2thereof to the party at the party's last-known post-office address at least 10 days
3before such hearing. In case a party in interest is located without the state and has
4no known post-office address within this state, a copy of the complaint and copies
5of all notices shall be filed with the department of financial institutions in the office
6of the secretary of state
and shall also be sent by registered mail to the last-known
7post-office address of such party. Such filing and mailing shall constitute sufficient
8service with the same force and effect as if served upon the party located within this
9state. Such hearing may be adjourned from time to time in the discretion of the
10commission and hearings may be held at such places as the commission shall
11designate.
SB176, s. 26 12Section 26. 133.12 of the statutes is amended to read:
SB176,19,25 13133.12 Domestic and foreign corporations and limited liability
14companies; cancellation of charters or certificates of authority for
15restraining trade; affidavit.
Any corporation or limited liability company
16organized under the laws of this state or foreign corporation or foreign limited
17liability company authorized to transact business in this state pursuant to a
18certificate of authority from the department of financial institutions secretary of
19state
which violates any provision of this chapter, may, upon proof thereof, in any
20circuit court have its charter or authority to transact business in this state
21suspended, canceled or annulled. Every corporation shall, in its annual report filed
22with the department of financial institutions secretary of state, show whether it has
23entered into any contract, combination in the form of trust or otherwise, or
24conspiracy in restraint of trade or commerce. The department of justice shall enforce
25this section.
SB176, s. 27
1Section 27. 134.45 (3) (b) of the statutes is amended to read:
SB176,20,62 134.45 (3) (b) A domestic or foreign corporation, association or limited liability
3company exercising any of the powers, franchises or functions of a business entity
4in this state that violates any provision of this section, shall not have the right of, and
5shall be prohibited from, doing business in this state, and the department of financial
6institutions
secretary of state shall revoke its certificate to do business in this state.
SB176, s. 28 7Section 28. 139.34 (9) of the statutes is amended to read:
SB176,20,228 139.34 (9) The applicant for a permit, if a nonresident, foreign corporation or
9foreign limited liability company, shall file proof that the applicant has appointed the
10department of financial institutions secretary of state as agent for the service of
11process on any matter arising under ss. 139.30 to 139.44. A foreign corporation
12without a place of business in this state need not obtain a certificate of authority
13under ss. 180.1501 to 180.1505. If a foreign corporation has a certificate of authority
14under ss. 180.1501 to 180.1505, the foreign corporation satisfies this subsection by
15filing the address of its registered office in this state and the name of its registered
16agent at that office and by promptly filing any changes to this information. A foreign
17limited liability company without a place of business in this state need not obtain a
18certificate of registration under ss. 183.1002 to 183.1007. If a foreign limited liability
19company has a certificate of registration under ss. 183.1002 to 183.1007, the foreign
20limited liability company satisfies this subsection by filing the address of its
21registered office in this state and the name of its registered agent at that office and
22by promptly filing any changes to this information.
SB176, s. 29 23Section 29. 157.062 (1) of the statutes is amended to read:
SB176,21,824 157.062 (1) Organization. Seven or more residents of the same county may
25form a cemetery association. They shall meet, select a chairperson and secretary,

1choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor
2more than 9 trustees whom the chairperson and secretary shall immediately divide
3by lot into 3 classes, who shall hold their offices for 1, 2 and 3 years, respectively.
4Within 3 days, the chairperson and secretary shall certify the corporate name, the
5names, home addresses and business addresses of the organizers and of the trustees,
6and their classification, and the annual meeting date acknowledged by them, and,
7except as provided in sub. (9), deliver the certification to the department of financial
8institutions
secretary of state. The association then has the powers of a corporation.
SB176, s. 30 9Section 30. 157.062 (2) of the statutes is amended to read:
SB176,21,1510 157.062 (2) Amendments. The association may change its name, the number
11of trustees or the annual meeting date by resolution at an annual meeting, or special
12meeting called for such purpose, by a majority vote of the members present, and,
13except as provided in sub. (9), by delivering to the department of financial
14institutions
secretary of state a copy of the resolution, with the date of adoption,
15certified by the president and secretary or corresponding officers.
SB176, s. 31 16Section 31. 157.062 (6) (b) of the statutes is amended to read:
SB176,22,617 157.062 (6) (b) If an association that has been dissolved under par. (a), or any
18group that was never properly organized as a cemetery association, has cemetery
19grounds and human remains are buried in the cemetery grounds, 5 or more
20members, or persons interested as determined by order of the circuit judge under par.
21(c), may publish a class 3 notice, under ch. 985, in the municipality in which the
22cemetery is located, of the time, place and object of the meeting, assemble and
23reorganize by the election of trustees and divide them into classes as provided in sub.
24(1), the commencement of the terms to be computed from the next annual meeting
25date. The secretary shall enter the proceedings of the meeting on the records. The

1association is reorganized upon delivery of a copy of the proceedings to the
2department of financial institutions secretary of state, except as provided in sub. (9).
3Upon reorganization, the title to the cemetery grounds, trust funds and all other
4property of the association or group vests in the reorganized association, under the
5control of the trustees. The reorganized association may continue the name of the
6dissolved association or may adopt a new name.
SB176, s. 32 7Section 32. 157.062 (6m) of the statutes is amended to read:
SB176,22,108 157.062 (6m) Forms. The department of financial institutions secretary of
9state
may prescribe and furnish forms for providing the information required under
10subs. (1) to (6).
SB176, s. 33 11Section 33. 157.062 (9) of the statutes is amended to read:
SB176,22,1812 157.062 (9) Exemptions for certain nonprofit cemeteries. In lieu of
13delivering a certification, resolution or copy of proceedings to the department of
14financial institutions
secretary of state under sub. (1), (2) or (6) (b), a cemetery
15association that is not required to be registered under s. 440.91 (1) and that is not
16organized or conducted for pecuniary profit shall deliver the certification, resolution
17or copy of proceedings to the office of the register of deeds of the county in which the
18cemetery is located.
SB176, s. 34 19Section 34. 157.064 (7) of the statutes is amended to read:
SB176,22,2520 157.064 (7) Not more than 30 days after a transfer under sub. (6), the
21transferring association shall notify the department of financial institutions
22secretary of state in writing of the transfer, including the name and address of the
23accepting association or its treasurer. The department of financial institutions
24secretary of state may prescribe and furnish forms for providing the information
25required under this subsection.
SB176, s. 35
1Section 35. 157.62 (1) (a) (intro.) of the statutes is amended to read:
SB176,23,72 157.62 (1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every
3cemetery association shall file an annual report with the department of financial
4institutions
secretary of state. The report shall be made on a calendar-year basis
5unless the department of financial institutions secretary of state, by rule, provides
6for other reporting periods. The report is due on the 60th day after the last day of
7the reporting period. The annual report shall include all of the following:
SB176, s. 36 8Section 36. 157.62 (1) (c) of the statutes is amended to read:
SB176,23,149 157.62 (1) (c) The department of financial institutions secretary of state may
10prescribe and furnish forms for reports required under this subsection. If the
11department of financial institutions secretary of state prescribes forms under this
12paragraph, the department of financial institutions secretary of state shall mail the
13forms to cemetery associations required to file under par. (a) no later than 60 days
14before the reports are due.
SB176, s. 37 15Section 37. 178.01 (2) (de) of the statutes is repealed.
SB176, s. 38 16Section 38. 178.40 (1) (intro.) of the statutes is amended to read:
SB176,23,2017 178.40 (1) (intro.) To become a registered limited liability partnership or a
18foreign registered limited liability partnership, a partnership shall file with the
19department secretary of state the fee specified in s. 178.48 and a registration
20statement that includes all of the following:
SB176, s. 39 21Section 39. 178.40 (2) (intro.) of the statutes is amended to read:
SB176,23,2522 178.40 (2) (intro.) A registered limited liability partnership or a foreign
23registered limited liability partnership may amend its registration statement at any
24time by filing with the department secretary of state a statement that includes all
25of the following:
SB176, s. 40
1Section 40. 178.40 (3) (intro.) of the statutes is amended to read:
SB176,24,52 178.40 (3) (intro.) A registered limited liability partnership or a foreign
3registered limited liability partnership may terminate its registration by filing with
4the department secretary of state the fee specified in s. 178.48 and a written notice
5of withdrawal that includes all of the following:
SB176, s. 41 6Section 41. 178.41 (1) (a) of the statutes is amended to read:
SB176,24,117 178.41 (1) (a) The department's secretary of state's filing of a registration
8statement is conclusive proof that the partnership is registered as a registered
9limited liability partnership or a foreign registered limited liability partnership
10under this chapter, except in a proceeding by the state to revoke the registration, and
11is notice of all other facts set forth in the registration statement.
SB176, s. 42 12Section 42. 178.41 (1) (b) of the statutes is amended to read:
SB176,24,1613 178.41 (1) (b) The department's secretary of state's filing of a registration
14statement of a foreign registered limited liability partnership under s. 178.40
15constitutes its certificate of authority to transact business in this state and is notice
16of all other facts set forth in the registration statement.
SB176, s. 43 17Section 43. 178.42 (3) (intro.) of the statutes is amended to read:
SB176,24,2018 178.42 (3) (intro.) Except as provided in sub. (4), the name of a registered
19limited liability partnership shall be distinguishable upon the records of the
20department secretary of state from all of the following names:
SB176, s. 44 21Section 44. 178.44 (3) of the statutes is amended to read:
SB176,25,222 178.44 (3) If the address of the registered limited liability partnership's or
23foreign registered limited liability partnership's principal office cannot be
24determined from the records of the department secretary of state, the partnership
25may be served by publishing a class 3 notice, under ch. 985, in the community in

1which the partnership's principal office or registered office, as most recently
2designated in the records of the department secretary of state, is located.
SB176, s. 45 3Section 45. 178.45 (1) (b) of the statutes is amended to read:
SB176,25,54 178.45 (1) (b) Obtain a certificate of authority from the department secretary
5of state
by filing a registration statement under s. 178.40.
SB176, s. 46 6Section 46. 178.45 (4) (f) of the statutes is amended to read:
SB176,25,127 178.45 (4) (f) The foreign registered limited liability partnership shall pay the
8amount owed under par. (e) to the department secretary of state. The department
9secretary of state may not issue a certificate of authority to the foreign registered
10limited liability partnership until the amount owed is paid. The attorney general
11may enforce a foreign registered limited liability partnership's obligation to pay any
12amount owed under par. (e).
SB176, s. 47 13Section 47. 178.46 (1) (intro.) of the statutes is amended to read:
SB176,25,1614 178.46 (1) (intro.) Except as provided in sub. (4), a document required or
15permitted to be filed under s. 178.40 or 178.50 in the office of the department
16secretary of state shall satisfy all of the following requirements:
SB176, s. 48 17Section 48. 178.46 (1) (c) of the statutes is amended to read:
SB176,25,1918 178.46 (1) (c) Contain the name of the drafter, if required by s. 14.38 (14) 182.01
19(3)
.
SB176, s. 49 20Section 49. 178.46 (1) (e) of the statutes is amended to read:
SB176,25,2221 178.46 (1) (e) Be on the form prescribed by the department secretary of state
22if the document is described in s. 178.47.
SB176, s. 50 23Section 50. 178.46 (1) (f) of the statutes is amended to read:
SB176,26,3
1178.46 (1) (f) Be delivered to the department secretary of state for filing and
2be accompanied by one exact or conformed copy and the filing fee required by s.
3178.48.
SB176, s. 51 4Section 51. 178.46 (2) of the statutes is amended to read:
SB176,26,75 178.46 (2) The department secretary of state shall file photocopies or other
6reproduced copies of typewritten or printed documents if the copies satisfy sub. (1)
7and are originally executed to satisfy sub. (3).
SB176, s. 52 8Section 52. 178.46 (4) of the statutes is amended to read:
SB176,26,119 178.46 (4) The department secretary of state may waive any of the
10requirements of subs. (1) to (3) if it appears from the face of the document that the
11document's failure to satisfy the requirement is immaterial.
SB176, s. 53 12Section 53. 178.47 (1) (a) (intro.) of the statutes is amended to read:
SB176,26,1413 178.47 (1) (a) (intro.) The department secretary of state shall prescribe and
14furnish on request forms for all of the following documents:
SB176, s. 54 15Section 54. 178.47 (1) (b) of the statutes is amended to read:
SB176,26,1816 178.47 (1) (b) The forms prescribed by the department secretary of state under
17par. (a) 1., 2. and 3. shall require disclosure of only the information required under
18s. 178.40 (1), (2) and (3), respectively.
SB176, s. 55 19Section 55. 178.47 (2) of the statutes is amended to read:
SB176,26,2320 178.47 (2) The department secretary of state may prescribe and furnish on
21request forms for other documents required or permitted to be filed with the
22department secretary of state under this chapter, but use of these forms is not
23mandatory.
SB176, s. 56 24Section 56. 178.48 (1) (intro.) of the statutes is amended to read:
SB176,27,3
1178.48 (1) (intro.) The department secretary of state shall collect the following
2fees when the documents described under this subsection are delivered to the
3department secretary of state for filing:
SB176, s. 57 4Section 57. 178.48 (2) of the statutes is amended to read:
SB176,27,65 178.48 (2) The department secretary of state shall collect a $10 fee each time
6process is served on the department secretary of state under this chapter.
SB176, s. 58 7Section 58. 178.48 (3) of the statutes is amended to read:
SB176,27,118 178.48 (3) In addition to the fees required under sub. (1), the department
9secretary of state shall collect $25 for processing in an expeditious manner a
10document required or permitted to be filed with the department secretary of state
11under this chapter.
SB176, s. 59 12Section 59. 178.49 (1) (a) (intro.) of the statutes is amended to read:
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