AB971: Bill Text

1997 - 1998 LEGISLATURE

1997 Assembly BILL 971

April 30, 1998 - Introduced by Law Revision Committee. Referred to Committee on Judiciary.

AB971,1,5 An Act relating to: repealing, consolidating, renumbering, amending and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references and eliminating defects, anachronisms, conflicts, ambiguities and obsolete provisions. (Section 13.93 (2) (i) Revision Bill).

Analysis by the Legislative Reference Bureau

This bill is drafted pursuant to s. 13.93 (2) (j), stats., for the purpose of modernizing statutory structure and language and increasing conformity with current drafting style in order to improve user readability and accessibility. Throughout this bill the word form of numbers are replaced by digits, disfavored language is replaced with preferred terms and spellings, long sentences and statutory units are subdivided or otherwise shortened and nonspecific articles and references are replaced. Some punctuation is changed to accommodate the other changes. Notes provided by the revisor of statutes bureau in the body of the bill indicate treatments made to the specific statutory units. No substantive changes are intended.

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

AB971, s. 1 Section 1. 30.33 (1) of the statutes is amended to read:

AB971,2,12 30.33 (1) Board to have powers of railroad corporation. Any municipality operating a public harbor through a board of harbor commissioners may, through such board, construct, maintain or operate railway facilities or a harbor belt line connecting various harbor facilities with one another or with other railroads within the municipality or its vicinity. The board of harbor commissioners is granted all of the rights, powers and privileges conferred upon railroad corporations by s. ss. 190.02 and 190.025 (3), except such rights, powers and privileges as are conferred upon railroad corporations by s. 190.02 (9). Such facilities or belt line may be constructed, maintained or operated partly outside the corporate limits of the municipality. In constructing, maintaining or operating such facilities or belt line, the board of harbor commissioners has the powers and privileges of railroad corporations and shall be subject to the same restrictions as railroad corporations and to the supervision of the office of the commissioner of railroads, except as to the system of accounting and the payment of wages to employes.

Note: Section 190.02 (12) is renumbered to s. 190.025 (3) by this bill.

AB971, s. 2 Section 2. 134.245 of the statutes is created to read:

AB971,2,14 134.245 Definitions. In ss. 134.25 to 134.32:

AB971,2,18 (1) "Marked" means stamped, branded, engraved or imprinted upon, attached to a tag, card or label which is stamped, branded, engraved or imprinted upon, or contained in a box, package, cover or wrapper which is stamped, branded, engraved or imprinted upon.

AB971,2,19 (2) "Person" means an individual, firm, corporation or association.

AB971,2,21 (3) "Sells" includes making for sale, selling, offering to sell or dispose of, or possessing with intent to sell or dispose of.

Note: Creates definitions provision to simplify ss. 134.25 to 134.32.

AB971, s. 3 Section 3. 134.25 (1) of the statutes is renumbered 134.25 (1) (a) and amended to read:

AB971,3,17 134.25 (1) (a) Any Except as provided in par. (b) and subject to sub. (3), any person, firm, corporation or association, who or which makes for sale, or sells, or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, who sells any article of merchandise made in whole or in part of gold or any alloy of gold, and having stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed that is marked in any mark, way indicating, or designed or intended to indicate, that the gold or alloy of gold in such the article is of a greater degree of fineness than the actual fineness or quality of such the gold or alloy, unless the actual fineness of such gold or alloy, in the case of flat ware and watch cases, be not less by more than three one-thousandths parts, and in the case of all other articles be not less by more than one-half karat than the fineness indicated by the marks stamped, branded, engraved or imprinted upon any part of such article, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which such article is encased or enclosed, according to the standards and subject to the qualifications hereinafter set forth, is guilty of a misdemeanor.

Note: Deletes redundant language, replaces parentheses and inserts specific references. Simplifies structure by making long phrases definitions under s. 134.245 and making exception to liability a separate par. (b). See also the previous and next sections of this bill.

AB971, s. 4 Section 4. 134.25 (1) (b) of the statutes is created to read:

AB971,3,20 134.25 (1) (b) Paragraph (a) is not violated if the actual fineness of the gold or alloy in the article meets any of the following conditions:

AB971,3,23 1. The actual fineness is not less, by more than three one-thousandths parts in the case of flatware and watch cases, than the fineness actually marked on the article.

AB971,4,3 2. The actual fineness is not less, by more than one-half karat, than the fineness actually marked on the article in the case of all articles not specified in subd. 1.

Note: Moves liability exception to separate provision to simplify s. 134.25

AB971, s. 5 Section 5. 134.25 (2) and (3) of the statutes are amended to read:

AB971,4,10 134.25 (2) In any test for the ascertainment of to determine the fineness of the gold or its alloy in any such article, according to the foregoing standards set forth in this section, the part of the gold or of its gold alloy taken for the test, analysis or assay shall be such part or portion as does not contain or have attached thereto to it any solder or alloy of inferior fineness used for brazing or uniting the parts of said the article.

AB971,4,20 (3) In addition to the foregoing tests and standards, that the The actual fineness of the entire quantity of gold and of its gold alloys contained in any article mentioned in this section (, except watch cases and flat ware) flatware, including all solder or alloy of inferior metal used for brazing or uniting the parts of the article (all such gold, alloys and solder being assayed as one piece), shall not be less, by more than one karat, than the fineness indicated by the mark stamped, branded, engraved or imprinted upon such marked on the article, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed. In determining the quality of gold and gold alloys for purposes of this subsection, the gold, alloys and solder being tested shall be tested as one piece.

Note: Replaces disfavored terminology and reorders text for greater readability and conformity to current style.

AB971, s. 6 Section 6. 134.26 of the statutes is amended to read:

AB971,5,10 134.26 Misbranding of sterling silver articles. (1) Any Except as provided in sub. (2) and s. 134.29, any person, firm, corporation or association, who or which makes for sale, or sells, or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, who sells any article of merchandise made in whole or in part of silver or of any alloy of silver and having marked, stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto or upon any box, package, cover or wrapper in which said article is encased or enclosed, with the words "sterling silver" or "sterling ," or any colorable imitation thereof of "sterling silver" or "sterling" unless nine hundred twenty-five one-thousandths of the component parts of the metal appearing or purporting to be silver , of which such article is manufactured are pure silver, subject to the qualifications hereinafter set forth, is guilty of a misdemeanor.

AB971,5,13 (2) In the case of all such articles that are subject to sub. (1), there shall be allowed a divergence in fineness of four one-thousandths parts from the foregoing standards under sub. (1).

Note: Deletes redundant language, reorders text, replaces parentheses and inserts specific references and cross-references. Simplifies structure by making long phrases definitions under s. 134.245.

AB971, s. 7 Section 7. 134.27 of the statutes is amended to read:

AB971,6,3 134.27 Misbranding of coin silver articles. (1) Any Except as provided in sub. (2) and s. 134.29, any person, firm, corporation or association, who or which makes for sale, or sells, or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, who sells any article of merchandise made in whole or in part of silver or of any alloy of silver and having marked, stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which such article is encased or enclosed, with the words "coin" or "coin silver,", or any colorable imitation thereof of "coin" or "coin silver", unless nine hundred one-thousandths of the component parts of the metal appearing or purporting to be silver, of which such article is manufactured are pure silver, subject to the qualifications hereinafter set forth, is guilty of a misdemeanor.

AB971,6,6 (2) In the case of all such articles that are subject to sub. (1), there shall be allowed a divergence in fineness of four one-thousandths parts from the foregoing standards under sub. (1).

Note: Deletes redundant language, replaces parentheses and inserts specific references and cross-references. Simplifies structure by making long phrases definitions under s. 134.245.

AB971, s. 8 Section 8. 134.28 of the statutes is amended to read:

AB971,7,2 134.28 Misbranding of base silver articles. Any Except as provided in s. 134.29, any person, firm, corporation or association, who or which makes for sale, or sells, or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, who sells any article of merchandise made in whole or in part of silver or of any alloy of silver, and having stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed, any mark or word ( marked in way, other than with the word "sterling" or the word "coin"), indicating, or designed or intended to indicate, that the silver or alloy of silver in said the article, is of a greater degree of fineness than the actual fineness or quality of such the silver or alloy, unless the actual fineness of the silver or alloy of silver of which said the article is composed be is not less by more than four one-thousandths parts than the actual fineness indicated by the said mark or word (other than the word "sterling" or "coin") stamped, branded, engraved or imprinted upon any part of said article, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed, subject to the qualifications hereinafter set forth, is guilty of a misdemeanor.

Note: Deletes redundant language, replaces parentheses and inserts specific references and cross-references. Simplifies structure by making long phrases definitions under s. 134.245.

AB971, s. 9 Section 9. 134.29 (1) and (2) of the statutes are amended to read:

AB971,7,9 134.29 (1) In any test for the ascertainment of to determine the fineness of any such silver article mentioned in ss. 134.26 to 134.28, according to the standards therein contained in ss. 134.26 to 134.28, the part of the article taken for the test, analysis or assay, shall be such part or portion as does not contain or have attached thereto to it any solder or alloy of inferior metal used for brazing or uniting the parts of such the article.

AB971,7,21 (2) In addition to the foregoing test and standards Notwithstanding sub. (1) and ss. 134.26 to 134.28, the actual fineness of the entire quantity of metal purporting to be silver contained in any article mentioned in ss. 134.26 to 134.28, including all solder or alloy of inferior fineness used for brazing or uniting the parts of any such the article (all such silver, alloy or solder being assayed as one piece), shall not be less by more than ten one-thousandths parts than the fineness indicated marked on the article, according to the foregoing standards, by the mark stamped, branded, engraved or imprinted upon such article, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed contained in ss. 134.26 to 134.28. In determining the fineness of metal for purposes of this subsection, the silver, alloy or solder being tested shall be tested as one piece.

Note: Deletes redundant language, replaces parentheses and inserts specific references and cross-references. Simplifies structure by making long phrases definitions under s. 134.245.

AB971, s. 10 Section 10. 134.31 of the statutes is amended to read:

AB971,8,13 134.31 (title) Misbranding of silver plated silver-plated articles. Any person, firm, corporation or association, who or which makes for sale, or sells or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, who sells any article of merchandise made in whole or in part of inferior metal, having deposited or plated thereon on the inferior metal or brazed or otherwise affixed thereto to the inferior metal, a plate, plating, covering or sheet of silver or of any alloy of silver, and which article is known in the market as "silver plate" or "silver electroplate,", or by any similar designation, and having stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed, which is marked with the word "sterling" or the word "coin,", either alone or in conjunction with any other words or marks, is guilty of a misdemeanor.

Note: Deletes redundant language, replaces parentheses and inserts specific references and cross-references. Simplifies structure by making long phrases definitions under s. 134.245.

AB971, s. 11 Section 11. 134.32 of the statutes is amended to read:

AB971,8,22 134.32 (title) Penalty for violations of sections ss. 134.25 to 134.32 134.31. Every person, firm, corporation or association guilty of a violation of who violates any one of the provisions of ss. 134.25 to 134.32 134.31, and every officer, manager, director or managing agent of any such person, firm, corporation or association, directly participating in such violation or consenting thereto to a violation of ss. 134.25 to 134.31, shall be punished by a fine of not fined not less than $25 nor more than $500 nor less than $25, or imprisonment or imprisoned for not more than 3 months, or both, at the discretion of the court.

Note: Deletes redundant language, replaces parentheses and inserts specific references and cross-references. Standardizes penalty language with current style. Simplifies structure by making long phrases definitions under s. 134.245. There can be no violation of s. 134.32 as its sole function is to provide penalties for violations of other sections.

AB971, s. 12 Section 12. 134.33 (5) (e) 3. of the statutes is amended to read:

AB971,9,3 134.33 (5) (e) 3. The percentage of platinum in such the article shall be is no less than five per cent 5% in weight of the total weight of the article; and

Note: Replaces word form of number with digit and other disfavored terms.

AB971, s. 13 Section 13. 137.02 (1) of the statutes is amended to read:

AB971,9,15 137.02 (1) The governor shall have power to appoint one or more commissioners in any of the United States, or of the territories belonging to the United States and in foreign countries, who shall hold office for the a term of four 4 years unless sooner removed. Every such commissioner appointed under this subsection shall take the official oath before a judge or clerk of one of the courts of record of the state or territory or country in which the commissioner shall reside, and. The commissioner shall file the same oath, with an impression of the commissioner's seal of office and a statement of the commissioner's post-office address, in the office of the secretary of state, and. The commissioner shall at the same time pay into the treasury the sum of five dollars; and thereupon $5, at which time the commissioner's commission shall issue.

Note: Replaces word form of number with digit, inserts specific references and breaks up long sentence.

AB971, s. 14 Section 14. 148.02 (1) of the statutes is renumbered 148.02 (1) (intro.) and amended to read:

AB971,9,20 148.02 (1) (intro.) The physicians and surgeons, not less than five 5 in number, of the several counties, except those wherein counties where a county medical society already exists, may meet at such time and place at the county seat as a majority agree upon and organize a county medical society, and when. When so organized it shall, a county medical society:

AB971,10,4 (a) Shall be a body corporate by the name of the medical society of such the county, shall for which it is organized.

AB971,10,5 (b) Shall have the general powers of a corporation , and may.

AB971,10,6 (c) May take, by purchase or gift , and hold real and personal property. County

AB971,10,8 (1m) All County medical societies now existing are continued with organized prior to June 7, 1878, shall have the powers and privileges conferred by this chapter.

Note: Replaces word form of number with digit, subdivides provision and inserts specific references.

AB971, s. 15 Section 15. 148.02 (2) of the statutes is amended to read:

AB971,10,14 148.02 (2) Physicians and surgeons who, before April 20, 1897, received a diploma from an incorporated medical college or society of any of the United States or territories or of any foreign country, or who shall have received a license from the medical examining board, shall be entitled to meet for organization to organize or become members of the county medical society.

Note: Deletes obsolete clause that applies to doctors who received a diploma prior to April 20, 1897.

AB971, s. 16 Section 16. 157.062 (6) (a) of the statutes is amended to read:

AB971,10,17 157.062 (6) (a) The association is dissolved by failure to hold an annual election for three 3 successive years.

Note: Replaces word form of number with digit.

AB971, s. 17 Section 17. 167.07 (1) of the statutes is renumbered 167.07 (1) (intro.) and amended to read:

AB971,11,3 167.07 (1) (intro.) No person, association or corporation shall may manufacture, store, offer for sale, sell, or otherwise dispose of or distribute white, any of the following:

AB971,11,6 (a) White phosphorus, single-dipped, strike-anywhere matches of the type popularly known as "parlor matches; " nor manufacture, store, sell, offer for sale, or otherwise dispose of or distribute white".

AB971,11,11 (b) White phosphorus, double-dipped, strike-anywhere matches, or other type of double-dipped matches, unless the bulb or first dip of such match is composed of a so-called safety or inert composition, nonignitible on an abrasive surface; nor manufacture, store, sell or offer for sale, or otherwise dispose of or distribute matches.

AB971,11,15 (c) Matches which, when packed in a carton of five hundred 500 approximate capacity and placed in an oven maintained at a constant temperature of two hundred 200 degrees F. Fahrenheit, will ignite in eight 8 hours; nor manufacture, store, offer for sale, sell or otherwise dispose of or distribute.

AB971,11,17 (d) Blazer, or so-called wind matches, whether of the so-called safety or strike-anywhere type.

Note: Subdivides provision, deletes redundant language and replaces word form of number with digit. "Person" is defined in s. 992.01 to include firms, corporations and associations.

AB971, s. 18 Section 18. 167.07 (2) of the statutes is renumbered 167.07 (2) (a) (intro.) and amended to read:

AB971,11,21 167.07 (2) (a) (intro.) No person, association or corporation shall offer may do any of the following:

AB971,12,2 1. Offer for sale, sell or otherwise dispose of or distribute any matches, unless the package or container in which such matches are packed bears plainly marked on the outside thereof the name of the manufacturer and the brand or trademark under which such matches are sold, disposed of or distributed; nor shall.

AB971,12,5 2. Open more than one case of each brand of matches of any type or manufacture be opened at any one time in the a retail store where matches are sold or otherwise disposed of; nor shall.

AB971,12,8 3. Keep loose boxes or paper-wrapped packages of matches be kept on shelves or stored in such a retail stores store at a height exceeding five 5 feet from the floor; all.

AB971,12,12 (b) All matches, when stored in warehouses, excepting except manufacturers' warehouses at the place of manufacture, when such warehouses that contain automatic sprinkler equipment, must shall be subject to each of the following conditions: