SB176: Bill Text

LRB-2213/2

KSH:mfd:km

1997 - 1998 LEGISLATURE

1997 Senate BILL 176

April 23, 1997 - Introduced by Senators C. Potter, Burke, Risser, Moen, Wineke and Clausing, cosponsored by Representatives Lorge, Schneider, R. Young, Black, Huber, Plouff, Meyer, Baumgart and Plale. Referred to Committee on Economic Development, Housing and Government Operations.

SB176,5,14 An Act to repeal 178.01 (2) (de), 179.01 (2m), 180.0103 (6m), 181.02 (4m), 182.01 (1), 183.0102 (3m), 185.01 (3m) and 409.105 (1) (dm); to renumber and amend 15.187; to amend 20.144 (1) (g), 44.03 (1), 44.03 (2), 50.05 (15) (f), 51.42 (3) (d) 12. f., 59.43 (1) (L), 59.43 (2) (d), 59.66 (2) (a) 1., 71.80 (12), 84.02 (4) (b), 88.05 (6), 96.17 (6), 100.23 (5) (b) (intro.), 100.23 (5) (b) 2., 100.23 (5) (b) 4., 100.23 (6) (intro.), 100.23 (6) (c), 102.17 (1) (a), 111.07 (2) (a), 133.12, 134.45 (3) (b), 139.34 (9), 157.062 (1), 157.062 (2), 157.062 (6) (b), 157.062 (6m), 157.062 (9), 157.064 (7), 157.62 (1) (a) (intro.), 157.62 (1) (c), 178.40 (1) (intro.), 178.40 (2) (intro.), 178.40 (3) (intro.), 178.41 (1) (a), 178.41 (1) (b), 178.42 (3) (intro.), 178.44 (3), 178.45 (1) (b), 178.45 (4) (f), 178.46 (1) (intro.), 178.46 (1) (c), 178.46 (1) (e), 178.46 (1) (f), 178.46 (2), 178.46 (4), 178.47 (1) (a) (intro.), 178.47 (1) (b), 178.47 (2), 178.48 (1) (intro.), 178.48 (2), 178.48 (3), 178.49 (1) (a) (intro.), 178.49 (1) (b), 178.50 (1), 178.50 (2) (intro.), 178.51 (title), 178.51 (1), 178.51 (2), 178.51 (3) (a), 178.51 (3) (b), 178.51 (3) (c), 178.52 (title), 178.52 (1), 178.52 (2), 178.52 (3), 178.52 (4), 179.03 (2), 179.04 (2), 179.11 (1) (intro.), 179.11 (2), 179.12 (1) (intro.), 179.12 (6), 179.13 (intro.), 179.14 (1) (intro.), 179.15, 179.16 (title), 179.16 (1) (intro.), 179.16 (1) (b), 179.16 (2), 179.16 (3) (a) (intro.), 179.16 (3) (a) 2., 179.16 (4) (intro.), 179.16 (5), 179.18, 179.185 (1), 179.185 (4), 179.19, 179.24 (1) (b), 179.82 (intro.), 179.82 (5), 179.83 (1) (intro.), 179.84, 179.85, 179.86 (1), 179.86 (2), 179.87 (4), 179.88, 180.0120 (1) (intro.), 180.0120 (1) (f), 180.0120 (1) (g), 180.0120 (2), 180.0120 (4), 180.0121 (1) (a) (intro.), 180.0121 (1) (b), 180.0121 (2), 180.0122 (1) (intro.), 180.0122 (1m) (intro.), 180.0122 (2), 180.0122 (3) (intro.), 180.0122 (4), 180.0123 (1) (a) (intro.), 180.0123 (1) (b), 180.0124 (1), 180.0124 (2) (intro.), 180.0125 (title), 180.0125 (1), 180.0125 (2) (a), 180.0125 (2) (b), 180.0125 (3) (a), 180.0125 (3) (b), 180.0125 (3) (c), 180.0125 (4) (intro.), 180.0126, 180.0127, 180.0128 (1), 180.0128 (2) (b) 3., 180.0128 (3), 180.0128 (4), 180.0128 (5), 180.0128 (6), 180.0129 (1), 180.0203 (2), 180.0401 (2) (a) (intro.), 180.0401 (3) (intro.), 180.0401 (3) (a), 180.0401 (3) (b), 180.0402, 180.0403 (1) (a), 180.0403 (1) (c), 180.0403 (2), 180.0403 (3m), 180.0502 (1) (a), 180.0502 (1) (c), 180.0502 (3), 180.0503 (1) (intro.), 180.0503 (2), 180.0503 (3) (a), 180.0504 (3) (a), 180.0504 (3) (b), 180.0602 (2) (intro.), 180.0602 (3), 180.0620 (1) (b), 180.0631 (3) (b) (intro.), 180.0860 (1), 180.0860 (2), 180.1002 (4), 180.1006 (intro.), 180.1007 (4) (intro.), 180.1008 (2) (intro.), 180.1104 (4), 180.1105 (1) (intro.), 180.1107 (3) (a), 180.1401 (2) (intro.), 180.1403 (1) (intro.), 180.1404 (3) (intro.), 180.1420 (intro.), 180.1420 (1), 180.1420 (2), 180.1420 (4), 180.1421 (1), 180.1421 (2), 180.1422 (1) (intro.), 180.1422 (2) (a) (intro.), 180.1422 (2) (a) 2., 180.1422 (2) (b), 180.1423 (1), 180.1423 (2), 180.1423 (3), 180.1433 (1), 180.1501 (1), 180.1502 (5) (b), 180.1503 (1) (intro.), 180.1503 (1) (j), 180.1504 (1) (intro.), 180.1506 (1), 180.1506 (2) (a) (intro.), 180.1506 (3), 180.1508 (1) (intro.), 180.1508 (2), 180.1509 (1) (intro.), 180.1509 (2), 180.1509 (3) (a), 180.1510 (4) (a) (intro.), 180.1510 (4) (b) 1., 180.1510 (4) (b) 2., 180.1520 (1), 180.1520 (2) (intro.), 180.1520 (2) (e), 180.1530 (1) (intro.), 180.1530 (1) (a), 180.1530 (1) (b), 180.1530 (1) (d), 180.1530 (1) (f), 180.1530 (1m), 180.1530 (2), 180.1531 (1), 180.1531 (2) (a), 180.1531 (2) (b), 180.1531 (2) (c) 1. (intro.), 180.1531 (2) (c) 1. b., 180.1531 (4), 180.1532 (1), 180.1532 (2), 180.1622 (title), 180.1622 (1) (intro.), 180.1622 (1) (i), 180.1622 (2), 180.1622 (3), 180.1622 (4), 180.1622 (5), 180.1708 (1), 180.1708 (8) (b), 180.1909, 180.1921 (1), 180.1921 (2), 180.1921 (4), 181.06 (3) (intro.), 181.07 (2), 181.07 (3), 181.07 (5), 181.08, 181.09 (1) (intro.), 181.095 (1) (intro.), 181.095 (3), 181.10 (3), 181.265, 181.32 (1), 181.32 (2), 181.38, 181.39 (2), 181.40, 181.45 (2), 181.45 (3), 181.46, 181.55, 181.561 (intro.), 181.561 (1), 181.561 (2), 181.561 (4), 181.562 (1), 181.562 (2) (a), 181.562 (2) (b), 181.563 (1) (intro.), 181.563 (2) (a) (intro.), 181.563 (2) (a) 2., 181.563 (2) (b), 181.564 (1), 181.564 (2), 181.564 (3), 181.63, 181.651 (2), 181.651 (3), 181.651 (5), 181.651 (6), 181.651 (7), 181.66 (2), 181.667 (intro.), 181.667 (1), 181.667 (3), 181.67 (1) (a), 181.67 (1) (b), 181.67 (2) (a), 181.67 (2) (b), 181.67 (3), 181.67 (4), 181.67 (5), 181.67 (6) (a) (intro.), 181.67 (6) (a) 2., 181.68 (1) (intro.), 181.68 (1) (b), 181.68 (1) (e), 181.68 (1) (f), 181.68 (3), 181.69, 181.73 (title), 181.73 (1), 181.74, 182.01 (2), 182.01 (3) (intro.), 182.01 (4), 182.01 (5), 182.01 (6), 182.031 (2), 182.34 (7) (d), 182.45, 183.0102 (17), 183.0103 (2) (intro.), 183.0103 (4), 183.0104 (1), 183.0104 (2), 183.0104 (3) (a), 183.0104 (3) (c), 183.0105 (2) (a), 183.0105 (2) (c), 183.0105 (4), 183.0105 (5) (intro.), 183.0105 (6), 183.0105 (8) (c), 183.0107 (1), 183.0107 (3), 183.0108 (1) (intro.), 183.0108 (1) (e), 183.0108 (1) (f), 183.0108 (2), 183.0108 (3), 183.0109 (1) (a) (intro.), 183.0109 (1) (b), 183.0109 (2), 183.0110 (title), 183.0110 (1), 183.0110 (2), 183.0110 (3), 183.0110 (4) (intro.), 183.0111 (1) (a) (intro.), 183.0111 (1) (b), 183.0112 (1), 183.0112 (2) (intro.), 183.0113 (1), 183.0113 (2) (b) 1m., 183.0113 (3), 183.0113 (4), 183.0113 (5), 183.0113 (6), 183.0114 (1) (intro.), 183.0120 (1) (intro.), 183.0120 (2), 183.0120 (3), 183.0120 (4), 183.0120 (5), 183.0201, 183.0203 (2) (intro.), 183.0204 (2), 183.0906 (intro.), 183.1002 (1), 183.1003 (5) (b), 183.1004 (intro.), 183.1006 (1) (intro.), 183.1008 (1) (intro.), 183.1008 (2), 183.1009 (1) (intro.), 183.1009 (2), 183.1010 (4) (a) (intro.), 183.1010 (4) (b) 1., 183.1010 (4) (b) 2., 183.1011 (1), 183.1011 (2) (intro.), 183.1011 (2) (e), 183.1020 (1) (intro.), 183.1020 (1) (a), 183.1020 (1) (b), 183.1020 (1) (d), 183.1020 (1) (f), 183.1020 (2), 183.1020 (3), 183.1021 (1), 183.1021 (2), 183.1021 (4), 183.1022 (1), 183.1022 (2), 183.1204 (1) (intro.), 183.1301, 185.05 (3), 185.08 (3), 185.31 (3), 185.35 (1), 185.48 (2), 185.48 (3), 185.48 (4), 185.48 (5), 185.48 (6), 185.53 (2), 185.62 (1m), 185.72 (3) (a), 185.72 (3) (bm), 185.815 (intro.), 185.815 (1), 185.815 (3), 185.82 (1) (a), 185.82 (1) (b), 185.82 (2) (a), 185.82 (2) (b), 185.82 (3), 185.82 (4), 185.82 (5), 185.82 (6) (a) (intro.), 185.82 (6) (a) 2., 185.83 (1) (intro.), 185.83 (1) (b), 185.83 (1) (d), 185.85, 187.05 (1), 187.05 (3) (a) (intro.), 187.05 (3) (a) (form) 4., 187.16 (1), 187.16 (5), 187.19 (7), 187.19 (9), 187.19 (10), 188.06, 188.08 (1), 188.085, 188.09 (1), 188.095, 188.10, 188.11 (1), 188.115, 188.12 (1), 188.13 (1), 188.14, 188.15 (1), 188.16 (1), 188.16 (4), 188.17 (1), 188.18 (1), 188.18 (3), 188.19 (1), 188.20, 188.21 (1), 188.22 (1), 188.23 (1), 188.235 (1), 188.24 (1), 188.25, 188.26, 190.01 (2), 190.01 (4), 190.02 (9) (c), 190.051 (1), 190.06 (1), 190.11 (1), 190.11 (3), 190.11 (4), 191.10 (1), 192.71, 218.165 (1), 218.165 (2), 226.025 (3), 226.14 (1), 226.14 (3), 226.14 (4) (intro.), 226.14 (4) (c), 226.14 (4) (d), 226.14 (5), 231.13 (2), 406.104 (1) (c), 409.401 (1) (c), 409.401 (5), 409.402 (3m), 409.403 (5) (a) 1., 409.403 (5) (a) 2., 409.403 (5) (a) 3., 409.403 (5) (b) (title), 409.403 (5) (b) 1., 409.403 (5) (b) 2., 409.404 (1) (b), 409.404 (1) (c) (intro.), 409.404 (3) (b), 409.405 (1), 409.405 (2), 409.406, 409.407 (2) (c), 409.410, 409.411, 422.505 (1) (d), 426.110 (4) (b), 440.47 (5), 443.10 (6), 601.72 (1) (intro.), 601.72 (2), 601.72 (3), 601.73 (1), 601.73 (2) (a), 601.73 (2) (b), 601.73 (3), 610.01 (4), 611.72 (1), 611.73 (1), 611.74 (1), 613.01 (8), 614.09, 616.09 (1) (c) 2., 616.74 (1) (c), 703.23 (1), 703.23 (2), 704.22 (2), 779.87 (3) (b), 779.97 (2) (c) 1., 779.97 (2) (c) 2., 779.97 (2) (c) 3., 779.97 (4) (a) 1., 779.97 (4) (b) 1., 779.97 (4) (b) 2., 779.97 (4) (b) 3., 779.97 (4) (b) 4., 779.97 (4) (c) 2., 891.20, 893.19 (1), 992.06 (2) and 992.06 (3); to repeal and recreate 20.575 (1) (g); and to create 20.575 (1) (gm), 20.575 (1) (hm) and 20.575 (1) (im) of the statutes; relating to: transferring responsibility for administering the uniform commercial code lien system and business organization filing requirements, authorizing positions, granting rule-making authority and making appropriations.

Analysis by the Legislative Reference Bureau

Under current law, the department of financial institutions (DFI) has responsibility for record keeping and filing of business organization records. These functions include the filing of articles of incorporation or other organizational articles and annual reports of corporations, limited liability companies, nonprofit corporations and cooperatives, and acting as agent for service of process for business organizations. DFI also has responsibility for uniform commercial code (UCC) filings, for federal lien filings and for the computerized statewide lien system that is operated in conjunction with county offices of registers of deeds. Prior to 1995 Wisconsin Act 27, the office of the secretary of state had these responsibilities. This bill transfers these corporate record, UCC and lien filing responsibilities from DFI back to the office of the secretary of state, effective July 1, 1998. In addition, the bill transfers employes performing these responsibilities from DFI to the office of the secretary of state and authorizes 13.5 additional FTE positions for the office of the secretary of state.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB176, s. 1 Section 1. 15.187 of the statutes is renumbered 14.367, and 14.367 (1) (intro.), as renumbered, is amended to read:

SB176,6,9 14.367 (1) Uniform commercial code statewide lien system council. (intro.) There is created in the department of financial institutions office of the secretary of state a uniform commercial code statewide lien system council. The council shall consist of the administrator of the division of information technology services in the department of administration or the administrator's designee and the following members appointed by the secretary of the department of financial institutions state for 6-year terms:

SB176, s. 2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB176, s. 3 Section 3. 20.144 (1) (g) of the statutes is amended to read:

SB176,7,11 20.144 (1) (g) General program operations. The amounts in the schedule for the general program operations of the department of financial institutions. Except as provided in pars. (a), (h), (i) and (u), all moneys received by the department, other than by the office of credit unions, the division of banking and the division of savings and loan, and 88% of all moneys received by the department's division of banking and the department's division of savings and loan shall be credited to this appropriation, but any balance at the close of a fiscal year exceeding 10% of the previous fiscal year's expenditures under this appropriation shall lapse to the general fund. Annually, $200,000 of the amounts received under this appropriation account shall be transferred to the appropriation account under s. 20.575 (1) (g).

SB176, s. 4 Section 4. 20.575 (1) (g) of the statutes is repealed and recreated to read:

SB176,8,4 20.575 (1) (g) Program fees. The amounts in the schedule for the purpose of carrying out general program operations. Except as provided under pars. (gm), (hm) and (ka), $4 of each amount collected under ss. 180.0122 (1) (x) and (y), 181.68 (1) (gm), 185.48 (4) and (6) and 185.83 (1) (e) plus 27.5% of the fees collected by the secretary of state, other than fees forwarded by registers of deeds under ss. 409.403 (5) (a), 409.405 (1) and (2) and 409.406 and other than $3 of the fees collected by the secretary of state for each filing under ss. 409.403 (5) (b), 409.405 (1) and (2) and 409.406 and other than $4 of each amount collected under ss. 180.0122 (1) (x) and (y), 181.68 (1) (gm) 185.48 (4) and (6) and 185.83 (1) (e), shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (a), any unencumbered balance at the close of a fiscal year exceeding 10% of the previous fiscal year's expenditures under this appropriation shall lapse to the general fund.

SB176, s. 5 Section 5. 20.575 (1) (gm) of the statutes is created to read:

SB176,8,16 20.575 (1) (gm) Expedited service and telephone applications for reservation of name. The amounts in the schedule for processing of a document, request for information or certification in an expeditious manner under s. 14.38 (9), 179.16 (5), 180.0122 (4), 181.68 (1) (k), 182.01 (4) or 185.83 (1) (h) and for taking telephone applications to reserve a name under s. 179.03 (2), 180.0402, 181.07 (2) or 185.045. All expedited service fees collected under ss. 14.38 (9), 179.16 (5), 180.0122 (4), 181.68 (1) (k), 182.01 (4) and 185.83 (1) (h) and all fees for telephone applications to reserve a name collected under s. 179.03 (2), 180.0122 (1) (e) or (f), 181.68 (1) or 185.045 shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (a), any unencumbered balance at the close of a fiscal year exceeding 10% of the previous fiscal year's expenditures under this appropriation shall lapse to the general fund.

SB176, s. 6 Section 6. 20.575 (1) (hm) of the statutes is created to read:

SB176,8,23 20.575 (1) (hm) Search fees. The amounts in the schedule for conducting searches under s. 409.407 (2). All moneys received by the office for search fees collected under s. 409.407 (2) shall be credited to this appropriation. Notwithstanding s. 20.001 (3) (a), any unencumbered balance at the close of a fiscal year exceeding 10% of the previous fiscal year's expenditures under this appropriation shall lapse to the general fund.

SB176, s. 7 Section 7. 20.575 (1) (im) of the statutes is created to read:

SB176,9,7 20.575 (1) (im) Uniform commercial code statewide lien system. The amounts in the schedule for the purpose of establishing and maintaining support services under s. 409.11 (2) for the uniform commercial code statewide lien system under s. 409.410. All moneys received from fees forwarded by registers of deeds under ss. 409.403 (5) (a), 409.405 (1) and (2) and 409.406 plus $3 of the fees collected by the secretary of state for each filing under ss. 409.403 (5) (b), 409.405 (1) and (2) and 409.406 shall be credited to this appropriation.

SB176, s. 8 Section 8. 44.03 (1) of the statutes is amended to read:

SB176,9,17 44.03 (1) County or local historical societies without capital stock may be incorporated as affiliates of the historical society, to gather and preserve the books, documents and artifacts relating to the history of their region or locality. No fees shall be charged by any register of deeds for recording nor by the department of financial institutions secretary of state for filing the articles of organization or its amendments, or for a certificate of incorporation of any such society, but the department of financial institutions secretary of state shall not accept articles of incorporation under this section unless they are approved by the board of curators of the historical society.

SB176, s. 9 Section 9. 44.03 (2) of the statutes is amended to read:

SB176,9,25 44.03 (2) Statewide, county or other patriotic or historical organizations, or chapters in this state may be incorporated as affiliates of the historical society under sub. (1) if their purposes and programs are similar to and consonant with those of the historical society and its affiliates, or if already incorporated, the organizations or chapters may apply to the board of curators for affiliation with the historical society. Upon incorporation under this section or acceptance of affiliation by the board of curators the applying organization shall as an affiliate accept the provisions and shall be entitled to all the benefits of this section. Any affiliated society shall be a member and entitled to one vote in any general meeting of the historical society. The board of curators may terminate the affiliation as an affiliate of the historical society under this section of any such organization by formal resolution, a copy of which shall be deposited with the department of financial institutions secretary of state.

SB176, s. 10 Section 10. 50.05 (15) (f) of the statutes is amended to read:

SB176,10,22 50.05 (15) (f) The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this subsection. No action on a lien created under this subsection may be brought more than 2 years after the date of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit court of the county in which the facility is located and entered on the judgment and lien docket kept under s. 779.07. If the lien is on personal property, the lien shall be filed with the department of financial institutions secretary of state. The department of financial institutions secretary of state shall place the lien on personal property in the same file as financing statements are filed under ss. 409.401 and 409.402. The notice shall specify the name of the person against whom the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien shall exist under this section against any person, on any property, or for any amount not specified in the notice filed under this paragraph. To the extent applicable, ch. 846 controls the foreclosure of liens under this subsection that attach to real property.

SB176, s. 11 Section 11. 51.42 (3) (d) 12. f. of the statutes is amended to read:

SB176,11,15 51.42 (3) (d) 12. f. The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this subdivision. No action on a lien created under this subdivision may be brought more than 2 years after the date of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit court for the county in which the county department of community programs or related program is located and entered on the judgment and lien docket kept under s. 779.07. If the lien is on personal property, the lien shall be filed with the department of financial institutions secretary of state. The department of financial institutions secretary of state shall place the lien on personal property in the same file as financing statements are filed under ss. 409.401 and 409.402. The notice shall specify the name of the county department of community programs or related program against which the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien may exist under this subdivision against any person, on any property or for any amount not specified in the notice filed under this subd. 12. f. To the extent applicable, ch. 846 controls the foreclosure of liens under this subdivision that attach to real property.

SB176, s. 12 Section 12. 59.43 (1) (L) of the statutes is amended to read:

SB176,12,9 59.43 (1) (L) File all documents pertaining to security interests in personal property, crops or fixtures that are required or authorized by law to be filed with the register. Except as otherwise prescribed by the department of financial institutions secretary of state under ss. 409.403 to 409.406, these documents shall be executed on white or light colored sheets of paper, 8 or 8.5 inches wide and 5, 7, 10.5 or 14 inches long. Whenever there is offered for filing any document that varies more than one-eighth of an inch from the approved size, or that is not on a standard form prescribed by the department of financial institutions secretary of state, then in addition to the regular filing fee an additional filing fee shall be charged by the register of deeds, as prescribed by sub. (2). No assignment, release or other instrument shall be offered for filing that is executed or endorsed on any other document, but each shall be a separate and distinct document, except those assignments or notices that are printed or written on and immediately following the original agreement or financing statement, offered for filing at the same time, shall be considered as one document. All of these documents shall be legibly written, and shall have the names of the debtor and secured party plainly printed or typed on the document and shall provide a space for filing data of the register of deeds on the outside of the document.

SB176, s. 13 Section 13. 59.43 (2) (d) of the statutes is amended to read:

SB176,12,19 59.43 (2) (d) For performing functions under s. 409.407 (1) and (2) (a) and (b), the register shall charge the fees stated in s. 409.407 (2) (a) or (b). A financing statement and an assignment or notice of assignment of the security interest, offered for filing at the same time, shall be considered as only one document for the purpose of this paragraph. Whenever there is offered for filing any document that is not on a standard form prescribed by the department of financial institutions secretary of state or that varies more than 0.125 inch from the approved size as prescribed by sub. (1), the appropriate fee specified in ss. 409.403 to 409.406 or an additional filing fee of one-half the regular fee, whichever is applicable, shall be charged by the register.

SB176, s. 14 Section 14. 59.66 (2) (a) 1. of the statutes is amended to read:

SB176,13,8 59.66 (2) (a) 1. On or before January 10 of every odd-numbered year, each officer of a municipality and county, and each clerk of every court of record, shall file with the treasurer of that person's county a written report under oath giving the names and the last-known addresses of all persons for whom any such officer or clerk holds money or security, and which has not been claimed for at least one year, and showing the amount of the money or the nature of the security in detail. A duplicate report shall also be mailed to the department of financial institutions secretary of state. Upon receiving the reports the treasurer shall cause to be published a class 3 notice, under ch. 985, on or before February 1 of the same year, which contains the names and last-known addresses of the owners of the unclaimed money or security, and shall state that unless the owners call for and prove their ownership of the money or security, within 6 months from the time of the completed publication, the treasurer will take possession or control of the money or security.

SB176, s. 15 Section 15. 71.80 (12) of the statutes is amended to read:

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.