SB436,192,8
71. The amount actually recovered from the insured by action or paid by
8agreement plus the reasonable costs and expenses of defense
, or b) the.
SB436,192,9
92. The amount allowed on the claims by the court.
SB436,192,13
10(c) After all claims are settled or barred, any sum remaining from the amount
11withheld shall revert to the undistributed assets of the insurer. Delay in final
12payment under this subsection shall not be a reason for unreasonable delay of final
13distribution and discharge of the liquidator.
Note: Subdivides provision for greater readability and conformity with current
style.
SB436, s. 477
14Section
477. 645.81 (1) (e) of the statutes is amended to read:
SB436,192,1715
645.81
(1) (e) That
1) its certificate of authority to do business in this state has
16been revoked or that none was ever issued, and
2)
that there are residents of this
17state with outstanding claims or outstanding policies.
Note: Deletes improper subdivision designations.
SB436, s. 478
18Section
478. 703.15 (2) (c) of the statutes is renumbered 703.15 (2) (c) 1. (intro.)
19and amended to read:
SB436,193,220
703.15
(2) (c) 1. (intro.)
Except as provided in par. (d), a declarant may
21authorize the declarant or persons designated by him or her to appoint and remove
22the officers of the association or to exercise the powers and responsibilities otherwise
23assigned by the declaration or this chapter to the association or its officers. A
1declaration may not authorize any declarant control of the association for a period
2exceeding the earlier of
1) 10: any of the following:
SB436,193,3
3a. Ten years in the case of an expandable condominium
; 2) 3.
SB436,193,4
4b. Three years in the case of any other condominium
; or 3) 30.
SB436,193,6
5c. Thirty days after the conveyance of 75% of the common element interest to
6purchasers.
SB436,193,10
72. The period of declarant control begins on the date that the first condominium
8unit is conveyed by a declarant to any person other than the declarant. If there is
9any other unit owner other than a declarant, a declaration may not be amended to
10increase the scope
nor or the period of the declarant control.
Note: Subdivides provision for greater conformity with current style.
SB436, s. 479
11Section
479. 703.15 (3) (b) 4. of the statutes is amended by replacing
12"incumber" with "encumber".
Note: Inserts preferred spelling.
SB436, s. 480
13Section
480. 704.19 (2) of the statutes is renumbered 704.19 (2) (a) (intro.) and
14amended to read:
SB436,193,1815
704.19
(2) (a) (intro.)
Such A periodic tenancy or a tenancy
at will can be
16terminated by either the landlord or the tenant only by giving to the other party
17written notice complying with this section, unless
a) the any of the following
18conditions is met:
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191. The parties have agreed expressly upon another method of termination and
20such the parties' agreement is established by clear and convincing proof
, b)
21termination.
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222. Termination has been effected by a surrender of the premises
, or c) sub.
SB436,193,23
233. Subsection (6) applies.
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1(b) A periodic tenancy can be terminated by notice under this section only at
2the end of a rental period
; in. In the case of a tenancy from year-to-year the end of
3the rental period is the end of the rental year even though rent is payable on a more
4frequent basis. Nothing in this section prevents termination of a tenancy for
5nonpayment of rent or breach of any other condition of the tenancy, as provided in
6s. 704.17.
Note: Subdivides provision and replaces language for greater readability and
conformity with current style.
SB436, s. 481
7Section
481. 707.37 (4) (d) of the statutes is amended by replacing "144.47 (6)
8(d)" with "144.77 (6) (d)".
Note: Corrects cross-reference inserted by
1993 Wis. Act 453. There is no s. 144.47
(6) (d).
SB436, s. 482
9Section
482. 753.06 (1) (a) of the statutes is amended to read:
SB436,194,1110
753.06
(1) (a) Milwaukee
county County. The circuit has
45 branches.
11Commencing August 1, 1994, the circuit has 46 branches.
Note: Deletes obsolete transition provision.
SB436, s. 483
12Section
483. 753.06 (2) (a) of the statutes is amended to read:
SB436,194,1413
753.06
(2) (a) Kenosha
county County. The circuit has
6 branches.
14Commencing August 1, 1994, the circuit has 7 branches.
Note: Deletes obsolete transition provision.
SB436, s. 484
15Section
484. 753.06 (2) (b) of the statutes is amended to read:
SB436,194,1716
753.06
(2) (b) Racine
county County. The circuit has
9 branches. Commencing
17August 1, 1994, the circuit has 10 branches.
Note: Deletes obsolete transition provision.
SB436, s. 485
18Section
485. 753.06 (4) (d) of the statutes is amended to read:
SB436,194,2019
753.06
(4) (d) Sheboygan
county County. The circuit has
4 branches.
20Commencing August 1, 1994, the circuit has 5 branches.
Note: Deletes obsolete transition provision.
SB436, s. 486
1Section
486. 753.06 (5) (a) of the statutes is amended to read:
SB436,195,32
753.06
(5) (a) Dane
county County. The circuit has
16 branches. Commencing
3August 1, 1994, the circuit has 17 branches.
Note: Deletes obsolete transition provision.
SB436, s. 487
4Section
487. 753.06 (6) (g) of the statutes is amended to read:
SB436,195,65
753.06
(6) (g) Portage
county County. The circuit has
2 branches. Commencing
6August 1, 1994, the circuit has 3 branches.
Note: Deletes obsolete transition provision.
SB436, s. 488
7Section
488. 753.06 (8) (b) of the statutes is amended to read:
SB436,195,98
753.06
(8) (b) Door
county County. The circuit has
one branch. Commencing
9August 1, 1994, the circuit has 2 branches.
Note: Deletes obsolete transition provision.
SB436, s. 489
10Section
489. 753.06 (8) (f) of the statutes is amended to read:
SB436,195,1211
753.06
(8) (f) Outagamie
county County. The circuit has
6 branches.
12Commencing August 1, 1994, the circuit has 7 branches.
Note: Deletes obsolete transition provision.
SB436, s. 490
13Section
490. 753.06 (10) (g) of the statutes is amended to read:
SB436,195,1514
753.06
(10) (g) Eau Claire
county
County. The circuit has
4 branches.
15Commencing August 1, 1994, the circuit has 5 branches.
Note: Deletes obsolete transition provision.
SB436, s. 491
16Section
491. 753.06 (10) (k) of the statutes is amended to read:
SB436,195,1817
753.06
(10) (k) St. Croix
county
County. The circuit has
2 branches.
18Commencing August 1, 1994, the circuit has 3 branches.
Note: Deletes obsolete transition provision.
SB436, s. 492
19Section
492. 753.35 (1) of the statutes, as affected by 1994 Supreme Court
20Order 94-09, is amended to read:
SB436,196,14
1753.35
(1) A circuit court may, subject to
to the approval of the chief judge of
2the judicial administrative district, adopt and amend rules governing practice in
3that court that are consistent with rules adopted under s. 751.12 and statutes
4relating to pleading, practice and procedure. The court shall file each adopted or
5amended rule with the clerk of circuit court. Except for a rule adopted or amended
6as an emergency rule, the court shall file an adopted or amended rule prior to the
7rule's effective date. The clerk of circuit court shall send a copy of the filed adopted
8or amended rule to the secretary of the local bar association in that circuit, the court
9administrator for that judicial administrative district, the state bar of Wisconsin and
10the state law library and the office of the director of state courts. A person may
11submit to the court written comments on a rule for the court's consideration in
12determining whether revision of the rule is needed. The clerk of circuit court shall
13print and make available to the public, at cost, all rules adopted or amended under
14this section.
Note: Corrects transcription error.
SB436, s. 493
15Section
493. 757.60 (8) of the statutes is amended by replacing "Oconto and,
16Outagamie and Waupaca" with "Oconto, Outagamie and Waupaca".
Note: Deletes surplus "and".
SB436, s. 494
17Section
494. 758.19 (5) (e) 1. to 4. of the statutes are repealed.
Note: Through an engrossing error, this provision was unintentionally deleted
from
1995 Wis. Act 27. The amendment by Act 27 made subds. 1. to 4. surplusage.
SB436, s. 495
18Section
495. 767.32 (1) (b) 3. of the statutes is created to read:
SB436,196,2019
767.32
(1) (b) 3. Failure of the payer to furnish a timely disclosure under s.
20767.27 (2m).
Note: 1993 Wis. Act 16 created s. 767.32 (1) (b) 3. identical to this provision. The
original draft of Act 16 also created s. 767.27 (2m). Section 767.27 (2m) was deleted from
Act 16 as adopted rendering s. 767.32 (1) (b) 3. without effect and was subsequently
repealed by
1993 Wis. Act 491, a revisor's correction bill. As a result of the May 1993
special session of the legislature,
1993 Wis. Act 481 created section 767.27 (2m) identical
to the provision originally included in
1993 Wis. Act 16. This provision restores section
767.32 (1) (b) 3. as it was created by
1993 Wis. Act 16 and as it existed at the time
1993
Wis. Act 481 was drafted.
SB436, s. 496
1Section
496. 769.305 (2) (i) of the statutes is amended by replacing "818.02 (1)
2(f)" with "818.02 (6)".
Note: Corrects cross-reference. Section 818.02 (1) (f) was renumbered s. 818.02
(6) by
1993 Wis. Act 481.
SB436, s. 497
3Section
497. 779.01 (4) of the statutes is amended by replacing "144.76 (6) (d)"
4with "144.77 (6) (d)".
Note: Corrects cross-reference inserted by
1993 Wis. Act 453. There is no s. 144.76
(6) (d).
SB436, s. 498
5Section
498. 779.40 (1) of the statutes is amended by replacing "144.76 (6) (d)"
6with "144.77 (6) (d)".
Note: Corrects cross-reference inserted by
1993 Wis. Act 453. There is no s. 144.76
(6) (d).
SB436, s. 499
7Section
499. 802.06 (8) (a) of the statutes is renumbered 802.06 (8) (a) (intro.)
8and amended to read:
SB436,197,129
802.06
(8) (a) (intro.) A defense of lack of jurisdiction over the person or the
10property, insufficiency of process, untimeliness or insufficiency of service of process
11or another action pending between the same parties for the same cause is waived
12only
if any of the following conditions is met:
SB436,197,1413
1
) if it. The defense is omitted from a motion in the circumstances described in
14sub. (7)
, or.
SB436,197,1615
2
) if it. The defense is neither made by motion under this section nor included
16in a responsive pleading.
Note: Subdivides provision for greater readability and conformity with current
style.
SB436, s. 500
17Section
500. 802.12 (3) (d) (intro.) of the statutes is amended to read:
SB436,198,3
1802.12
(3) (d) (intro.) The parties, including any guardian ad litem for their
2child,
amy may agree to resolve any of the following issues through binding
3arbitration:
Note: Corrects transcription error.
SB436, s. 501
4Section
501. 804.07 (1) (c) of the statutes is renumbered 804.07 (1) (c) 1. (intro.)
5and amended to read:
SB436,198,86
804.07
(1) (c) 1. (intro.) The deposition of a witness other than a medical expert,
7whether or not a party, may be used by any party for any purpose if the court finds
:
81. that the any of the following:
SB436,198,9
9a. That the witness is dead
; or 2. that the.
SB436,198,13
10b. That the witness is at a greater distance than 30 miles from the place of trial
11or hearing, or is out of the state, and will not return before the termination of the trial
12or hearing, unless it appears that the absence of the witness was procured by the
13party offering the deposition
; or 3. that the.
SB436,198,15
14c. That the witness is unable to attend or testify because of age, illness,
15infirmity
, or imprisonment
; or 4. that the.
SB436,198,17
16d. That the party offering the deposition has been unable to procure the
17attendance of the witness by subpoena
; or 5. upon.
SB436,198,21
18e. Upon application and notice, that
such exceptional circumstances exist
as
19to that make it desirable, in the interest of justice and with due regard to the
20importance of presenting the testimony of witnesses orally in open court, to allow the
21deposition to be used.
SB436,198,23
222. The deposition of a medical expert may be used by any party for any purpose,
23without regard to the limitations otherwise imposed by this paragraph.
Note: Subdivides provision and replaces language for greater readability and
conformity with current style.
SB436, s. 502
1Section
502. 809.70 (1) of the statutes is renumbered 809.70 (1) (intro.) and
2amended to read: