1995 Wisconsin Act 27

27,7051 Section 7051 . 701.107 (4) of the statutes is amended to read:

701.107 (4) “Nonreciprocal state" means a state other than this state and other than a regional state, as defined in s. 221.58 (1) (h), that the commissioner of banking division finds satisfies s. 221.58 (4) (a).

27,7052 Section 7052 . 701.108 (1) (b) of the statutes is amended to read:

701.108 (1) (b) The bank or bank holding company proposing to obtain the stock of a bank holding company under this section has filed an application with the commissioner of banking division, and the commissioner of banking division does not disapprove the application under sub. (2).

27,7053 Section 7053 . 701.108 (1) (c) of the statutes is amended to read:

701.108 (1) (c) The commissioner of banking division gives a class 3 notice, under ch. 985, in the official state newspaper, of the application to take an action under this subsection and of the opportunity for a hearing and, if at least 25 residents of this state petition for a hearing within 30 days after the final notice or if the commissioner division on his or her the division's motion calls for a hearing within 30 days after the final notice, the commissioner division holds a public hearing on the application, except that a hearing is not required if the commissioner division finds that an emergency exists and that the proposed action under this subsection is necessary and appropriate to prevent the probable failure of a bank owned by the charitable trust that is closed or in danger of closing.

27,7054 Section 7054 . 701.108 (1) (d) of the statutes is amended to read:

701.108 (1) (d) The commissioner of banking division is provided a copy of any original application seeking approval by a federal agency of the transaction and of any supplemental material or amendments filed with the application.

27,7055 Section 7055 . 701.108 (1) (e) of the statutes is amended to read:

701.108 (1) (e) The applicant has paid the commissioner of banking division a fee of $1,000 together with the actual costs incurred by the commissioner division in holding any hearing on the application.

27,7056 Section 7056 . 701.108 (2) (intro.) of the statutes is amended to read:

701.108 (2) Standards for disapproval. (intro.) The commissioner of banking division may disapprove an application filed under sub. (1) if the commissioner division finds any of the following:

27,7057 Section 7057 . 701.108 (2) (f) (intro.) of the statutes is amended to read:

701.108 (2) (f) (intro.) The applicant has failed to enter into an agreement prepared by the commissioner division to comply with all of the following:

27,7058 Section 7058 . 701.108 (2) (i) of the statutes is amended to read:

701.108 (2) (i) The applicant fails to meet any other standards established by rule of the commissioner division.

27,7059 Section 7059 . 701.108 (3) (b) 2. of the statutes is amended to read:

701.108 (3) (b) 2. A regional state bank holding company, as defined in s. 221.58 (1) (g), that has its principal place of business in a regional state that the commissioner of banking division finds satisfies s. 221.58 (4) (a).

27,7060 Section 7060 . 701.108 (3m) (b) of the statutes is amended to read:

701.108 (3m) (b) With respect to a bank or bank holding company which obtains the stock of a bank holding company under this section and which has its principal place of business in a regional state, as defined in s. 221.58 (1) (h), par. (a) is satisfied if the commissioner of banking division finds that the statutes of that regional state satisfy s. 221.58 (4) (a).

27,7061 Section 7061 . 703.10 (2m) of the statutes is amended to read:

703.10 (2m) Limitation on enforcement of certain provisions. No bylaw or rule adopted under a bylaw and no covenant, condition or restriction set forth in a declaration or deed to a unit may be applied to discriminate against an individual in a manner described in s. 101.22 106.04.

27,7062b Section 7062b. 703.23 (1) of the statutes is amended to read:

703.23 (1) Appointment of resident agent; change in name or address. When any property is submitted to a condominium declaration, the declarant shall appoint a resident agent for the condominium who shall be a citizen and actual resident of the state or corporation duly registered or qualified to do business in the state. The declarant shall file the name and address of the resident agent with the secretary of state department of financial institutions. The name or address of the resident agent may be changed by the association or other proper authority of the condominium in the same manner and to the same extent that names and addresses of registered agents may be changed by corporations. If the association is incorporated, the registered agent for the association shall be the registered agent for the condominium.

27,7063b Section 7063b. 703.23 (2) of the statutes is amended to read:

703.23 (2) Index of names and address of resident agents. The secretary of state department of financial institutions shall keep an index of the names and addresses of resident agents and shall make the information available to the public on request.

27,7064b Section 7064b. 704.22 (2) of the statutes is amended to read:

704.22 (2) Designation of an agent under sub. (1) shall be in writing and filed with the secretary of state department of financial institutions.

27,7064m Section 7064m. 704.90 (11) (title) and (a) of the statutes are amended to read:

704.90 (11) (title) Duties of the department of justice agriculture, trade and consumer protection. (a) Except as provided in par. (c), the department of justice agriculture, trade and consumer protection shall investigate alleged violations of this section and rules promulgated under sub. (9). To facilitate its investigations, the department may subpoena persons and records and may enforce compliance with the subpoenas as provided in s. 885.12.

27,7065 Section 7065 . 705.04 (2g) of the statutes is created to read:

705.04 (2g) Notwithstanding subs. (1) and (2), the department of health and social services may collect, from funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a) and that was paid on behalf of the decedent or the decedent's spouse.

27,7065b Section 7065b. 705.04 (2g) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

705.04 (2g) Notwithstanding subs. (1) and (2), the department of health and social services may collect, from funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a) or an amount equal to aid under s. 49.48, 49.483 or 49.485 that is recoverable under s. 49.482 (2) (a) and that was paid on behalf of the decedent or the decedent's spouse.

27,7065bm Section 7065bm. 705.04 (2g) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 7065 and 7065b, is amended to read:

705.04 (2g) Notwithstanding subs. (1) and (2), the department of health and social services may collect, from funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), or an amount equal to aid under s. 49.48, 49.483 or 49.485 that is recoverable under s. 49.482 (2) (a) or an amount equal to long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that was paid on behalf of the decedent or the decedent's spouse.

27,7065c Section 7065c. 705.04 (2g) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 7065, 7065b and 7065bm, is amended to read:

705.04 (2g) Notwithstanding subs. (1) and (2), the department of health and social services may collect, from funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685 that is recoverable under s. 49.482 49.682 (2) (a) or an amount equal to long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that was paid on behalf of the decedent or the decedent's spouse.

27,7066 Section 7066 . 706.11 (1) (f) of the statutes is amended to read:

706.11 (1) (f) Any mortgage executed to a mortgage banker, as defined in s. 440.71 224.71 (3).

27,7066c Section 7066c. 707.49 (4) of the statutes is amended to read:

707.49 (4) Surety bond and other options. Instead of placing deposits in an escrow account, a developer may obtain a surety bond issued by a company authorized to do business in this state, an irrevocable letter of credit or a similar arrangement, in an amount which at all times is not less than the amount of the deposits otherwise subject to the escrow requirements of this section. The bond, letter of credit or similar arrangement shall be filed with the department of justice agriculture, trade and consumer protection and made payable to the department of justice agriculture, trade and consumer protection for the benefit of aggrieved parties.

27,7066g Section 7066g. 707.57 (2) (title) of the statutes is amended to read:

707.57 (2) (title) Attorney general's Department of agriculture, trade and consumer protection authority.

27,7066n Section 7066n. 707.57 (2) (a) of the statutes is amended to read:

707.57 (2) (a) The department of justice agriculture, trade and consumer protection, or any district attorney upon informing the department of justice agriculture, trade and consumer protection, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this chapter. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action if proof of these acts or practices is submitted to the satisfaction of the court.

27,7066r Section 7066r. 707.57 (2) (b) of the statutes is amended to read:

707.57 (2) (b) The department of justice agriculture, trade and consumer protection may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of this chapter.

27,7066w Section 7066w. 707.57 (3) of the statutes is amended to read:

707.57 (3) Penalty. Any person who violates this chapter shall be required to forfeit not more than $5,000 for each offense. Forfeitures under this subsection shall be enforced by action on behalf of the state by the department of justice agriculture, trade and consumer protection or by the district attorney of the county where the violation occurs.

27,7067 Section 7067 . 709.03 (form) 8. of the statutes is amended to read:

709.03 (form) 8. .... .... .... I am aware of underground fuel storage tanks on the property. (If correct, the owner, by law, must report the location to the department of industry, labor and human relations development at P.O. Box 7969 7970, Madison, Wisconsin, 53707.)

27,7068g Section 7068g. 751.025 of the statutes is created to read:

751.025 Temporary use of court reporters. If the court reporter appointed by the judge is not available or if an additional court reporter is needed, the judge, in cooperation with the chief judge and court administrator for that judicial district, shall attempt to locate and use a court reporter from another branch of court before hiring a private court reporter.

27,7070 Section 7070 . 753.061 (3) of the statutes is repealed.

27,7073 Section 7073 . 756.04 (2) (am) 1. f. of the statutes is amended to read:

756.04 (2) (am) 1. f. Lists of persons on general relief under ch. 49 and persons on receiving aid to families with dependent children under ch. 49.

27,7074 Section 7074 . 756.04 (2) (am) 1. f. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

756.04 (2) (am) 1. f. Lists of persons receiving aid to families with dependent children under subch. III of ch. 49.

27,7075 Section 7075 . 756.096 (3) (b) of the statutes is renumbered 756.096 (3) (b) 1. and amended to read:

756.096 (3) (b) 1. A Except as provided in subd. 2., a jury in civil and traffic cases shall consist of 6 persons unless a party requests a greater number, not to exceed 12. The court, on its own motion may require a greater number, not to exceed 12.

27,7076 Section 7076 . 756.096 (3) (b) 2. of the statutes is created to read:

756.096 (3) (b) 2. A jury in cases involving traffic regulations, as defined in s. 345.20 (1) (b), shall consist of 6 persons.

27,7076m Section 7076m. 757.48 (1) (b) of the statutes is amended to read:

757.48 (1) (b) The guardian ad litem shall be allowed reasonable compensation for his or her services such as is customarily charged by attorneys in this state for comparable services. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b). If the attorney of record is also the guardian ad litem, the attorney shall be entitled only to attorney fees and shall receive no compensation for services as guardian ad litem.

27,7077 Section 7077 . 757.57 (5) of the statutes is amended to read:

757.57 (5) Except as provided in SCR 71.04 (4), every reporter, upon the request of any party to an action or proceeding, shall make a typewritten transcript, and as many copies thereof as the party requests, of the testimony and proceedings reported by him or her in the action or proceeding, or any part thereof specified by the party, the transcript and each copy thereof to be duly certified by him or her to be a correct transcript thereof. For the transcripts the reporter is entitled to receive the fees prescribed in s. 814.69 (2) (1) (b).

27,7078 Section 7078 . 757.83 (4) of the statutes is amended to read:

757.83 (4) Staff. The judicial commission shall hire an executive director, and may hire one staff member, in the unclassified service. The executive director shall be a member of the state bar of Wisconsin and shall provide staff services to the judicial commission and the judicial council.

27,7079 Section 7079 . 758.01 (2) of the statutes is amended to read:

758.01 (2) The supreme court may establish and charge fees for photocopying, microfilm copying, books, generation of copies of documents from optical disk or electronic storage, computer services and other services provided by the state law library. The fees are subject to the cost limitations under ss. 19.35 (3) and 20.908.

27,7080 Section 7080 . 758.13 (1) of the statutes is amended to read:

758.13 (1) Membership; appointment; terms. There is created a judicial council of 20 21 members as follows: a supreme court justice designated by the supreme court; a court of appeals judge designated by the court of appeals; the director of state courts or his or her designee; 4 circuit judges designated by the judicial conference; the chairpersons of the senate and the assembly committees dealing with judicial affairs or a member of each such committee designated by the respective chairperson; the attorney general or his or her designee; the revisor of statutes or an assistant designated by the revisor; the deans of the law schools of the university of Wisconsin and Marquette university or a member of the respective law school faculties designated by the deans; the state public defender or his or her designee; the president-elect of the state bar of Wisconsin or a member of the board of governors of the state bar designated by the president-elect and 3 additional members thereof selected by the state bar to serve 3-year terms; one district attorney appointed by the governor; and 2 citizens at large appointed by the governor to serve 3-year terms. The names of the members shall be certified to the secretary of state by the executive secretary of the judicial commission. Members shall hold office until their successors have been selected. Members shall receive no compensation, but shall be reimbursed from the appropriation made by s. 20.645 20.665 (1) for expenses necessarily incurred by them in attending council meetings.

27,7081 Section 7081 . 758.13 (2) (g) of the statutes is created to read:

758.13 (2) (g) Recommend to the supreme court, legislature and governor any changes in the organization, operation and methods of conducting the business of the courts that will improve the efficiency and effectiveness of the court system and result in cost savings.

27,7082 Section 7082 . 758.13 (3) (d) of the statutes is repealed.

27,7084 Section 7084 . 758.19 (4m) of the statutes is created to read:

758.19 (4m) The director of state courts shall purchase equipment needed by court reporters employed by the state on July 1, 1999, who have not purchased the necessary equipment by July 1, 1999. The director of state courts is not required to purchase necessary equipment for any court reporter who has not purchased his or her equipment by July 1, 1999, if that court reporter, on July 1, 1999, is within 2 years of retirement, as determined by the director of state courts. If a court reporter begins employment as a court reporter with the state after July 1, 1999, he or she shall have the option of purchasing the necessary court reporter equipment before commencing employment or having the state purchase the necessary equipment. The department of administration shall promulgate a rule specifying the types and amount of equipment that a court reporter needs to purchase to be exempt from the state purchasing court reporter equipment on his or her behalf under this subsection. Any equipment that the director of state courts purchases for state employes, including equipment purchased for state-employed court reporters, is the property of the state.

27,7086 Section 7086 . 758.19 (5) (a) 8. of the statutes is created to read:

758.19 (5) (a) 8. Any other court costs, except costs related to courtroom security, including security personnel, and costs related to rent, utilities, maintenance, rehabilitation and construction of court facilities.

27,7087 Section 7087 . 758.19 (5) (b) (intro.) of the statutes is amended to read:

758.19 (5) (b) (intro.) From the appropriation under s. 20.625 (1) (d), the director of state courts shall make the following payments to counties totaling $3,443,950 on July 1, 1995, or the effective date of this paragraph .... [revisor inserts date], whichever is later, totaling $8,294,050 on January 1, 1996, and totaling $8,244,800 on every July 1 and January 1 thereafter, which the director of state courts shall distribute as follows:

27,7088 Section 7088 . 758.19 (5) (b) 1. and 2. of the statutes are repealed and recreated to read:

758.19 (5) (b) 1. For each circuit court branch in the county, $32,900.

2. In addition to the payment under subd. 1., for each county with one or less circuit court branches, $5,000 in the 1995-96 fiscal year and $10,000 in each fiscal year thereafter.

27,7089 Section 7089 . 758.19 (5) (b) 3. of the statutes is repealed and recreated to read:

758.19 (5) (b) 3. In addition to the payment under subd. 1., for each county with more than one circuit court branch, a payment equal to the county's proportion of the state population times the amount remaining after the payments are made under subds. 1. and 2.

27,7090 Section 7090 . 758.19 (5) (b) 4. of the statutes is repealed.

27,7091 Section 7091 . 758.19 (5) (c) of the statutes is amended to read: