AB40: Bill Text

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

AB40,1954 Section 1954. 168.02 (title) of the statutes is repealed.

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

AB40,1956 Section 1956. 168.03 (title) of the statutes is repealed.

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

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

AB40,876,22 168.05 (1) No petroleum product imported into and received in this state or received from a manufacturer or refiner or from a marine or pipeline terminal within this state may be unloaded from its original container except as provided under sub. (5), sold, offered for sale or used until a true sample of not less than 8 ounces is taken as provided in this chapter subchapter. This subsection does not apply if the department has previously inspected the petroleum product at the refinery, marine or pipeline terminal. Each person importing or receiving a petroleum product which has not been previously inspected shall notify the inspector in the person's district of the receipt thereof, and the inspector shall take a sample of the petroleum product.

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

AB40,877,10 168.06 (1) For the purposes of administering this chapter subchapter, inspectors may take samples of gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates for tests and make inspections at any points within or without this state, and may open any original container containing gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates and take a true sample of not less than 8 ounces of the contents thereof, even though the original containers may still be in the possession of a common or contract carrier, provided the opening and sampling does not unduly inconvenience or hamper the transportation of the products. After the original containers are opened and sampled the same shall be resealed with seals furnished by the department for such purposes. The authority conferred by this section shall be in addition to, and not in limitation of, any of the provisions of s. 168.05.

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

AB40,877,12 168.08 (1) Time and place of each inspection.

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

AB40,877,18 168.09 Authority to enter. Any inspector may enter in or upon the premises of any manufacturer, vendor, dealer or user of gasoline, gasoline-alcohol fuel blends, kerosene, other refined oils, fuel oils and petroleum distillates, during regular business hours to determine whether any petroleum product intended for sale or use has not been sampled and inspected in accordance with this chapter subchapter.

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

AB40,877,24 168.125 Reports; payment. Persons who are liable for the fee under this chapter subchapter shall state the number of gallons of petroleum products on which the fee is due and the amount of their liability for the fee in the reports under s. 78.12 (1) to (3). The requirements for payment of the motor vehicle fuel tax under s. 78.12 (5) apply to the fee under this chapter subchapter.

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

AB40,878,4 168.15 Penalty. Every person who violates any provision of this chapter subchapter that is not related to the fee under s. 168.12 (1) shall forfeit not less than $10 nor more than $100 for each violation. Each day a person fails to comply with any provision of this chapter subchapter is a separate violation.

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

AB40,878,7 168.16 (1) The department shall enforce this chapter subchapter. Inspection districts shall be defined and numbered by the department.

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

AB40,878,11 168.16 (2) Any accident or explosion involving products of petroleum which comes to the knowledge of the department shall be investigated to determine whether or not there has been a violation of this chapter subchapter.

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

AB40,878,14 168.16 (4) The department may promulgate reasonable rules relating to the administration and enforcement of this chapter subchapter.

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

AB40,878,19 168.17 Attorney general and district attorney to prosecute. Upon request of the department, the attorney general or proper district attorney shall prosecute any action to enforce this chapter subchapter except the fee that is imposed under s. 168.12 (1).

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

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

AB40,878,23 CHAPTER 168

AB40,878,24 SUBCHAPTER II

AB40,878,25 Storage of dangerous substances

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

AB40,879,3 168.21 (2) "Department" means the department of agriculture, trade and consumer protection.

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

AB40,879,10 175.49 (5m) Fees. The department may charge a fee to verify eligibility for a certification card under this section, for the issuance of a certification card under sub. (3), or for the renewal of a certification card under sub. (5), but the fee may not exceed the costs the department incurs in verifying eligibility or for issuing or renewing a certification card. Payments made to the department under this subsection shall be credited to the appropriation account under s. 20.455 (2) (gu) (gr).

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

AB40,879,16 180.1421 (2m) (b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

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

AB40,879,22 180.1531 (2m) (b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

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

AB40,880,2 181.0203 (3) Notification of reporting requirements. Upon filing articles of incorporation of a corporation, the department shall inform the corporation of the reporting requirements under s. 440.42 202.12 for charitable organizations that solicit contributions.

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

AB40,880,8 181.1421 (2) (b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

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

AB40,880,12 181.1421 (3) (d) If the notice is published as a class 1 notice, under ch. 985, the effective date set under ch. 985 for the notice posted on the department's Internet site, the date of posting.

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

AB40,880,18 181.1531 (2g) (b) If the notice under par. (a) is returned to the department as undeliverable or if the corporation's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

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

AB40,881,2 181.1622 (1) Content. (intro.) Each domestic corporation and each foreign corporation authorized to transact business in this state shall file with the department an annual report under this section. The department shall forward by 1st class mail a report form to every corporation that has filed an annual report during the past 2 years. The department shall mail the report form no later than 60 days before the date on which the corporation is required by this chapter to file an annual report. The annual report shall include that includes all of the following information:

AB40,1979 Section 1979. 182.028 of the statutes is amended to read:

AB40,881,16 182.028 School corporations. Any corporation formed for the establishment and maintenance of schools, academies, seminaries, colleges or universities or for the cultivation and practice of music shall have power to enact bylaws for the protection of its property, and provide fines as liquidated damages upon its members and patrons for violating the bylaws, and may collect the same in tort actions, and to prescribe and regulate the courses of instruction therein, and to confer such degrees and grant such diplomas as are usually conferred by similar institutions or as shall be appropriate to the courses of instruction prescribed, except that no corporation shall operate or advertise a school that is subject to s. 38.50 440.55 (10) without complying with the requirements of s. 38.50 440.55. Any stockholder may transfer his or her stock to the corporation for its use; and if the written transfer so provides the stock shall be perpetually held by the board of directors with all the rights of a stockholder, including the right to vote.

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

AB40,881,22 183.09025 (2) (b) Within 60 days after the date on which the notice is received or the date on which the class 1 notice under par. (d) is published posted, the limited liability company shall correct each ground for dissolution or demonstrate to the reasonable satisfaction of the department that each ground determined by the department does not exist.

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

AB40,882,4 183.09025 (2) (d) If a notice under par. (a) or (c) is returned to the department as undeliverable, the department shall again mail the notice to the limited liability company as provided under that paragraph. If the notice is again returned to the department as undeliverable, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

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

AB40,882,10 183.1021 (2g) (b) If the notice under par. (a) is returned to the department as undeliverable or if the foreign limited liability company's principal office cannot be determined from the records of the department, the department shall give the notice by publishing a class 1 notice under ch. 985 in the official state newspaper posting the notice on the department's Internet site.

AB40,1983 Section 1983. 194.03 (title) of the statutes is amended to read:

AB40,882,13 194.03 (title) Interstate and foreign commerce and intrastate commerce.

AB40,1984 Section 1984. 194.03 (1) of the statutes is amended to read:

AB40,882,18 194.03 (1) This chapter shall apply to motor carriers engaged in interstate and foreign commerce upon the public highways of this state, in all particulars and provisions lawful under the constitution of the United States and to motor carriers engaged in intrastate commerce upon the public highways of this state.

AB40,1985 Section 1985. 194.03 (2) of the statutes is amended to read:

AB40,882,23 194.03 (2) Fees and taxes provided in this chapter shall be assessed against operations in interstate and foreign commerce and intrastate commerce and collected from the carriers performing such operations, as partial compensation for the use of the highways and policing of the same.

AB40,1986 Section 1986. 194.03 (6) of the statutes is renumbered 194.01 (6m) and amended to read:

AB40,883,2 194.01 (6m) Whenever the term "interstate "Interstate commerce" is used in this chapter it shall be interpreted as including includes foreign commerce.

AB40,1987 Section 1987. 194.20 (title) of the statutes is amended to read:

AB40,883,5 194.20 (title) Certificates and licenses for carriers in interstate and foreign commerce and intrastate commerce.

AB40,1988 Section 1988. 194.20 (1) of the statutes is amended to read:

AB40,883,13 194.20 (1) Motor carriers operating in interstate and foreign commerce or intrastate commerce shall obtain certificates and licenses as provided in ss. 194.23 and 194.34. Certificates These certificates and licenses which involve operations in interstate and foreign commerce may be denied by the department if it finds that the record and experience of the applicant evinces a disposition to violate or evade the laws or regulations of the state applicable to the operations proposed by the applicant.

AB40,1989 Section 1989. 196.208 (5p) (a) 1. of the statutes is amended to read:

AB40,883,16 196.208 (5p) (a) 1. "Charitable organization" has the meaning given in s. 440.41 202.11 (1).

AB40,1990 Section 1990. Chapter 202 of the statutes is created to read:

AB40,883,18 chapter 202

AB40,883,22 regulation of professional employer organizations and the solicitation of funds for a charitable purpose

AB40,883,23 Subchapter i

AB40,883,24 general provisions

AB40,883,25 202.01 Definitions. In this subchapter:

AB40,884,1 (1) "Applicant" means any of the following:

AB40,884,2 (a) A person applying to the department for an initial registration.

AB40,884,3 (b) A person applying to the department for renewal of a registration.

AB40,884,4 (2) "Controlling person" has the meaning given in 202.21 (3).

AB40,884,5 (3) "Department" means the department of financial institutions.

AB40,884,7 (4) "Registrant" means a person who is registered under ss. 202.12 to 202.14 or 202.22.

AB40,884,9 (5) "Registration" means a registration the department issues under ss. 202.12 to 202.14 or 202.22.

AB40,884,13 202.02 General duties and powers. (1) The department may issue subpoenas for the attendance of witnesses and the production of documents or other materials prior to the commencement of a disciplinary or other proceeding under this chapter.

AB40,884,16 (2) The department shall establish the content and form of each type of registration. Upon the request of a registrant and payment of a $10 fee, the department may issue to a registrant a wall certificate.

AB40,884,17 (3) The department may require a registrant to do any of the following:

AB40,884,19 (a) Display the registrant's certificate of registration in a conspicuous place in the registrant's office or place of business.

AB40,884,21 (b) Post a notice in a conspicuous place in the registrant's office or place of business describing the procedures for filing a complaint against the registrant.

AB40,884,25 (4) (a) The department shall require each applicant to provide his or her social security number with the applicant's application for a registration or registration renewal, or, if the applicant is not an individual, the department shall require the applicant to provide its federal employer identification number.