1997 Wisconsin Act 35

35,438 Section 438 . 349.135 (1) of the statutes, as created by 1995 Wisconsin Act 373, is amended to read:

349.135 (1) Notwithstanding s. 346.94 (16), the governing body of any town, city, village or county may, by ordinance, provide that, except as provided in s. 347.38 (1), no person may operate or park, stop or leave standing a motor vehicle while using a radio or other electric sound amplification devise device emitting sound from the vehicle that is clearly audible under normal conditions from a distance of 50 or more feet, unless the electric sound amplification device is being used to request assistance or warn against an unsafe condition. The ordinance may provide that any person violating the ordinance may be required to forfeit not less than $40 nor more than $80 for the first violation and not less than $100 nor more than $200 for the 2nd or subsequent violation within a year.

Note: Corrects spelling.

35,439 Section 439 . 350.01 (6) of the statutes is amended to read:

350.01 (6) “Head lamp" “ Headlamp" has the meaning designated in s. 340.01 (21).

Note: Makes spelling consistent with s. 340.01 (21).

35,440 Section 440 . 350.01 (6m) of the statutes is amended to read:

350.01 (6m) “Head lamp Headlamp barrier" means a fence, natural growth, difference in elevation or other means of restricting the view that users of an adjacent roadway have of head lamps headlamps on a snowmobile trail.

Note: Makes spelling consistent with s. 340.01 (21).

35,441 Section 441 . 351.07 (1g) of the statutes, as created by 1995 Wisconsin Act 269, is amended to read:

351.07 (1g) No person may file a petition for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the clerk of the circuit court. The clerk of the circuit court shall give the person a receipt and forward the fee to the county treasurer. That treasurer shall pay 50% of the fee to the state treasurer under s. 59.20 (8r) 59.25 (3) (m) and retain the balance for the use of the county.

Note: Inserts correct cross-reference. Section 59.20 (8r) was renumbered to s. 59.25 (3) (m) by 1995 Wis. Act 201.

35,442 Section 442 . 402.305 (3) of the statutes is amended to read:

402.305 (3) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other party may at his or her option treat the contract as canceled or fix a reasonable price.

Note: Corrects error in transcribing 1991 Wis. Act 316.

35,443 Section 443 . 404.501 of the statutes, as affected by 1995 Wisconsin Act 449, is amended to read:

404.501 Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor. A bank that takes a documentary draft for collection shall prepare present or send the draft and accompanying documents for presentment and, upon learning that the draft has not been paid or accepted in due course, shall seasonably notify its customer of the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right.

Note: Corrects error in transcribing chapter 158, laws of 1963.

35,444 Section 444 . 408.313 (3) of the statutes is amended to read:

408.313 (3) Notice of an adverse claim received by the financial intermediary or by the purchaser after the financial intermediary takes delivery of a certificated security as a holder for value or after the transfer, pledge or release of an uncertificated security has been registered free of the claim to a financial intermediary who has given value is not effective either as to the financial intermediary or as to the purchaser. However, as between the financial intermediary and the purchaser, the purchaser may demand transfer of an equivalent security as to which no notice of adverse claim has been received.

Note: Inserts comma.

35,445 Section 445 . 408.316 of the statutes is amended to read:

408.316 Purchaser's right to requisites for registration of transfer, pledge or release on books. Unless otherwise agreed, the transferor of a certificated security or the transferor, pledgor or pledgee of an uncertificated security on due demand must supply his or her purchaser with any proof of his or her authority to transfer, pledge or release or with any other requisite necessary to obtain registration of the transfer, pledge or release of the security; but if the transfer, pledge or release is not for value a transferor need not do so unless the purchaser furnishes the necessary expenses. Failure within a reasonable time to comply with a demand made gives the purchaser the right to reject or rescind the transfer, pledge or release.

Note: Adds comma.

35,446 Section 446 . 422.201 (1) of the statutes is amended to read:

422.201 (1) With respect to a consumer credit transaction other than one pursuant to an open-end credit plan, the parties may agree to the payment by the customer of a finance charge not in excess of that permitted by subs. (2) to (4) and (3).

Note: Section 422.201 (4) was repealed by 1995 Wis. Act 329.

35,447 Section 447 . The amendment of 426.104 (2) (intro.) of the statutes by 1995 Wisconsin Act 216 is not repealed by 1995 Wisconsin Act 329. Both amendments stand.

Note: There is no conflict of substance.

35,448 Section 448 . 440.01 (2) (cm) of the statutes, as created by 1995 Wisconsin Act 333, is renumbered 440.01 (2) (cs).

Note: 1995 Wis. Act 233 also created an s. 440.01 (2) (cm).

35,449 Section 449 . 448.525 (2) of the statutes, as created by 1995 Wisconsin Act 166, is amended to read:

448.525 (2) The affiliated credentialing board may promulgate rules relating to the circumstances under which and the extent to which a chiropractor licensed under this chapter ch. 446 may claim to render physical therapy or physiotherapy services within the scope of the practice of chiropractic only as provided under sub. (1).

Note: Inserts correct cross-reference. Chiropractors are licensed under ch. 446.

35,450 Section 450 . The treatment of 455.02 (2m) (d) of the statutes, as renumbered, by 1995 Wisconsin Act 188, section 11, is not repealed by 1995 Wisconsin Act 225, section 466. Both treatments stand.

Note: There is no conflict of substance.

35,451 Section 451 . 455.07 (3) of the statutes is amended to read:

455.07 (3) The late renewal fees are specified under s. 440.08 (3) (a).

Note: Corrects error in transcribing 1991 Wis. Act 39.

35,452 Section 452 . 458.01 (11) of the statutes is amended to read:

458.01 (11) “General appraiser" means an individual who conducts appraisals of commercial real estate, or of both commercial real estate, and residential real estate, without regard to transaction value.

Note: Corrects error in transcribing 1991 Wis. Act 78.

35,453 Section 453 . 553.51 (4) of the statutes, as affected by 1995 Wisconsin Act 415, section 9, is amended to read:

553.51 (4) No action may be maintained against any person to enforce any liability under this section unless it is brought before the expiration of 3 years after the act or transaction constituting the violation upon which the liability is based or 90 days after delivery to the franchisee of a written notice from or on behalf of that person disclosing that discloses any violation of s. 553.21 or 553.41, which notice shall be approved as to form by this chapter and that is filed with the division, whichever first expires.

Note: 1995 Wis. Act 415, section 9, repealed and recreated this provision without taking into account the treatment of this provision by 1995 Wis. Act 364. This treatment inserts the Act 364 treatment.

35,453m Section 453m. 553.55 (1) of the statutes is reenacted to read:

553.55 (1) The division may make such public or private investigations within or outside of this state as the division deems necessary to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder, and publish information concerning the violation of this chapter or any rule or order hereunder.

Note: Corrects error in transcribing 1995 Wis. Act 27. The wrong paragraph was inadvertently inserted into the statutes.

35,454 Section 454 . Subchapter II (title) of chapter 563 [precedes 563.04] of the statutes, as affected by 1995 Wisconsin Act 27, section 9123, is amended to read:

chapter 563

subchapter ii
duties and powers of the board

Note: Corrects error in transcribing 1991 Wis. Act 269.

35,454m Section 454m. 565.30 (5m) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

565.30 (5m) Withholding of child support, spousal support, maintenance or family support. The administrator shall report to the department of workforce development the name, address and social security number of each winner of a lottery prize that is payable in instalments. Upon receipt of the report, the department of workforce development shall certify to the administrator whether any payee named in the report is obligated to provide child support, spousal support, maintenance or family support under s. 767.02 (1) (f) or (g), 767.10, 767.23, 767.25, 767.26, 767.261, 767.465 (2m), 767.51 (3) or 948.22 (7) or ch. 769 and the amount required to be withheld from the lottery prize under s. 767.265. The administrator shall withhold the certified amount from each payment made to the winner and remit the certified amount to the department of industry, labor and job workforce development.

Note: 1997 Wis. Act 3 was intended to replace all occurrences of “industry, labor and job development" with “workforce development".

35,455 Section 455 . The amendment of 600.01 (1) (b) 8. of the statutes by 1995 Wisconsin Act 116 is not repealed by 1995 Wisconsin Act 150. Both amendments stand.

Note: There is no conflict of substance.

35,456 Section 456 . 611.40 (1) of the statutes is amended to read:

611.40 (1) Meetings, notices, quorums and voting. Sections 180.0701 to 180.0703, 180.0705, 180.0721 to 180.0727 and 180.1708 (3) apply to stock corporations. Each director of a stock corporation shall be elected by a plurality of the votes cast by the shares entitled to vote in the election at a meeting at which a quorum is present.

Note: Inserts missing period.

35,457 Section 457 . 611.51 (9) (title) of the statutes is reenacted to read:

611.51 (9) (title) Books and records.

Note: Corrects error in transcribing 1991 Wis. Act 316. The title was inadvertently deleted.

35,458 Section 458 . 614.80 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

614.80 Tax exemption. Every domestic and nondomestic fraternal, except those that offer a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3) is exempt from all state, county, district, municipal and school taxes or fees, except the fees required by s. 601.31 (2), but is required to pay all taxes and special assessments on its real estate and office equipment, except as provided in s. ss. 70.11 (4) and (8) 70.1105.

Note: This bill renumbers s. 70.11 (8) to s. 70.1105.

35,459 Section 459 . 632.68 (1) (a) of the statutes, as created by 1995 Wisconsin Act 371, is amended to read:

632.68 (1) (a) “Catastrophic or life-threatening illness or condition" includes AIDS, as defined in s. 49.486 49.686 (1) (a), and HIV infection, as defined in s. 49.486 49.686 (1) (d).

Note: Inserts correct cross-reference. Section 49.486 was renumbered to s. 49.686 by 1995 Wis. Act 27.

35,460 Section 460 . 632.895 (8) (a) 3. b. of the statutes is amended to read:

632.895 (8) (a) 3. b. Before July 1 March 31, 1990, has successfully completed a formal one-year academic program that prepares registered nurses to perform an expanded role in the delivery of primary care, includes at least 4 months of classroom instruction and a component of supervised clinical practice, and awards a degree, diploma or certificate to individuals who successfully complete the program.

Note: Corrects error in transcribing 1989 Wis. Act 129.

35,461 Section 461. 632.898 (2) (d) of the statutes, as created by 1995 Wisconsin Act 453, is amended to read:

632.898 (2) (d) An employer that establishes a medical savings account on behalf of an employe is not required to deposit in the account more than $2,000 per year for the employe if the employe's coverage is single, or more than $2,000 per year for the employe, $2,000 per year for the employe's spouse or $1,000 per year for each nonspouse dependent of the employe if the employe's coverage is family. Beginning in 1998, the amounts specified in this paragraph shall be increased each year in the manner provided in s. 71.05 (6) (b) 22. 24.

Note: Inserts correct cross-reference. Section 71.05 (6) (b) 22., as created by 1995 Wis. Act 453, is renumbered to s. 71.05 (6) (b) 24. by this bill.

35,462 Section 462 . 632.898 (3) (c) of the statutes, as created by 1995 Wisconsin Act 453, is amended to read:

632.898 (3) (c) A self-employed person who establishes a medical savings account is not required to deposit in the account more than $2,000 per year for himself or herself if the self-employed person's coverage is single, or more than $2,000 per year for himself or herself, $2,000 per year for his or her spouse or $1,000 per year for each nonspouse dependent if the self-employed person's coverage is family. Beginning in 1998, the amounts specified in this paragraph shall be increased each year in the manner provided in s. 71.05 (6) (b) 22. 24.

Note: Inserts correct cross-reference. Section 71.05 (6) (b) 22., as crested by 1995 Wis. Act 453, is renumbered to s. 71.05 (6) (b) 24. by this bill.

35,463 Section 463 . 645.22 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

645.22 (1) (a) Direct the commissioner to take possession and control of all or a part of the property, books, accounts, documents and other records of an insurer and of the premises occupied by it for the transaction of its business, and.

Note: Deletes comma and word unintentionally retained by 1995 Wis. Act 225.

35,464 Section 464 . 646.01 (1) (a) 2. i. of the statutes, as created by 1995 Wisconsin Act 396, is renumbered 646.01 (1) (a) 2. j.

Note: 1995 Wis. Act 236 also created a s. 646.01 (1) (a) 2. i.

35,465 Section 465 . 706.05 (2m) (b) 2. of the statutes is amended to read:

706.05 (2m) (b) 2. Descriptions of property that is subject to liens granted on property thereafter acquired by a rural electric cooperative, or a telephone cooperative, organized under ch. 185, by a pipeline company under s. 76.02 (5b) (5), by a public utility under s. 196.01 (5) or by a railroad under s. 195.02 (1) or (5).

Note: This bill renumbers s. 76.02 (5b) to s. 76.02 (5).

35,466 Section 466 . 707.37 (4) (d) of the statutes, as affected by 1995 Wisconsin Acts 225 and 227, is amended to read:

707.37 (4) (d) A lien under s. 292.31 (8) (i), 144.77 292.41 (6) (d) or 292.81.

Note: “144.77" was added by 1995 Wis. Act 225, but was rendered surplusage by the treatment of this provision by 1995 Wis. Act 227.