1997 Wisconsin Act 35

Note: Inserts correct department name. 1995 Wis. Act 27 transferred the enforcement of this section from the department of industry, labor and human relations (DILHR) (now industry, labor and job development) to the department of development (now commerce). 1995 Wis Act 330, which inserted the reference to DILHR, did not take into account the treatment of s. 167.10 by Act 27.

35,345 Section 345 . The amendment of 174.001 (3) of the statutes by 1995 Wisconsin Act 79 is not repealed by 1995 Wisconsin Act 316. Both amendments stand.

Note: There is no conflict of substance.

35,346 Section 346 . 178.06 (3) of the statutes is renumbered 178.06 (3) (intro.) and amended to read:

178.06 (3) (intro.) Unless authorized by the other partners or unless they have abandoned the business, one or more but less than all of the partners have no authority to do any of the following:

(a) Assign the partnership property in trust for creditors or on the assignee's promise to pay the debts of the partnership;.

(b) dispose Dispose of the good will goodwill of the business;.

(c) do Perform any other act which would make it impossible to carry on the ordinary business of the partnership;.

(d) confess Confess a judgment ; or.

(e) submit Submit a partnership claim or liability to arbitration or reference.

Note: Subdivides provision consistent with current style.

35,347 Section 347 . 178.46 (1) (c) of the statutes, as created by 1995 Wisconsin Act 97, is amended to read:

178.46 (1) (c) Contain the name of the drafter, if required by s. 14.38 (14) 182.01 (3).

Note: 1995 Wis. Act 27 renumbered s. 14.38 (14) to be s. 182.01 (3) effective 7-1-96.

35,348 Section 348 . 180.0126 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

180.0126 (1) If the department refuses to file a document received by his or her office the department for filing, the domestic corporation or foreign corporation may appeal the refusal by filing a petition in circuit court to compel the department to file the document. The domestic corporation or foreign corporation shall file the petition in the circuit court for the county where the domestic corporation's or foreign corporation's principal office or, if none in this state, its registered office is or will be located. The domestic corporation or foreign corporation shall attach to the petition the document and any explanation by the department of the reasons for the refusal to file.

Note: Inserts correct word.

35,349 Section 349 . 182.01 (3) (title) of the statutes is reenacted to read:

182.01 (3) (title) Name of drafter on documents.

Note: Corrects error in transcribing 1995 Wis. Act 27, section 53ad. The title was inadvertently deleted.

35,350 Section 350 . 182.025 (2) of the statutes is amended to read:

182.025 (2) Any foreign corporation licensed to transact any business in this state defined in ss. 76.02 (5b) (5) and 76.28 (1) and duly authorized to do so in accordance with the laws of the state of incorporation and by its charter may borrow money and execute its bonds or notes therefor; and to secure the payment of such bonds or notes to a fixed amount or in amounts to be from time to time determined by the board of directors may mortgage or trust deed any or all of the property, rights, privileges and franchises that it may own or thereafter acquire in this state and may, in and by mortgage or deed of trust, provide for the disposal of any of such property and the substitution of other property in its place. Every such mortgage or deed of trust may be recorded in the office of the register of deeds of the county designated by the corporation as its registered office in this state at the time of such recording and such record shall have the same effect as if such instrument were filed in the proper office as a chattel mortgage or financing statement and so remain until satisfied or discharged without any further affidavit, continuation statement or proceeding whatever.

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

35,351 Section 351 . 182.40 (1) of the statutes is amended to read:

182.40 (1) The following government agencies are to be exempt from the payment of tolls: All armed forces of the United States including the Wisconsin national guards guard and national guard units from other states; the Wisconsin state defense force; and civilian defense organizations.

Note: Corrects spelling.

35,352 Section 352 . 183.0114 (2) (intro.) of the statutes is amended to read:

183.0114 (2) (intro.)  The secretary of state department may not collect a fee for any of the following:

Note: 1995 Wis. Act 27 transferred filing and registration responsibility under ch. 183 from the secretary of state to the department of financial institutions.

35,353 Section 353 . 186.098 (3) (title) of the statutes is created to read:

186.098 (3) (title) Loan applications.

Note: The other subsections of s. 186.098 have titles.

35,354 Section 354 . 186.11 (4) (c) of the statutes, as created by 1995 Wisconsin Act 151, is amended to read:

186.11 (4) (c) A service corporation may be subject to audit by the commissioner office of credit unions.

Note: 1995 Wis. Act 151 was intended to replace all references to the commissioner of credit unions, effective 7-1-96. This reference was unintentionally retained.

35,355 Section 355 . 186.113 (1m) (title) of the statutes is created to read:

186.113 (1m) (title) Limited service offices.

Note: The other subsections of s. 186.113 have titles.

35,356 Section 356 . 186.235 (15) (b) of the statutes, as created by 1995 Wisconsin Act 151, is amended to read:

186.235 (15) (b) Witness fees shall be the same as fees under s. 814.67 (1) (b) and (c). The fees of witnesses who are called by the office in the interests of the state shall be paid by the state upon presentation of proper vouchers approved by the commissioner office of credit unions and charged to the appropriation under s. 20.141 (1) 20.144 (2) (g). A witness subpoenaed by the office at the instance of a party other than the office shall not be entitled to payment of fees by the state unless the office certifies that the testimony was material to the purpose for which the subpoena was issued.

Note: 1995 Wis. Act 27 renumbered s. 20.141 (1) (g) to be s. 20.144 (2) (g) and changed references to the “commissioner of credit unions" to the “office of credit unions", all effective 7-1-96.

35,357 Section 357 . 190.01 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

190.01 (2) The articles of incorporation and amendments thereto shall be filed with the department of revenue financial institutions; in the case of articles, the department of revenue financial institutions shall thereupon issue a certificate of incorporation and the corporation then has legal existence. The articles of incorporation or special charter of any railroad company may be amended by a majority vote of all the stock in the respects and for the purposes provided in s. 180.1001. The fees for filing articles and amendments thereto are as provided in s. 180.0122 (1) (a) and (m) except that the fees for filing an amendment which authorizes the issuance of redeemable preference shares for sale to the U.S. secretary of transportation under sections 505 and 506 of P.L. 94-210 is $15 for the amendment and an additional sum equal to $1 for each $100,000 or fraction thereof of par value redeemable preference shares authorized by the amendment.

Note: The governor's budget proposal provided for the transfer of corporate filings to the department of revenue, but was changed to the department of financial institutions as enacted in 1995 Wis. Act 27. That change inadvertently was not made to the treatment of this provision by Act 27.

35,357m Section 357m. 196.491 (2) (g) of the statutes is amended to read:

196.491 (2) (g) Within 180 days after the plan is filed, the commission shall hold a hearing thereon. The hearing shall be held in an administrative district, established by executive order 22, issued August 24, 1970, which the commission determines will be significantly affected by facilities proposed in the plan to be constructed in the following 3 years. The commission may thereafter adjourn the hearing to other locations or may conduct the hearing by interactive video conference or other electronic method. Notice of such hearing shall be given by class 1 notice, under ch. 985, published in the official state newspaper and such other regional papers of general circulation as may be designated by the commission. At such hearing the commission shall briefly describe the plan and give all interested persons an opportunity, subject to reasonable limitations on the presentation of repetitious material, to express their views on any aspect of the plan. The presentation of such views need not be under oath nor subject to cross-examination. The commission shall advise all persons present of their right to express their views orally or in writing, under oath or otherwise, and of the legal effect of each such form of testimony. A written record of unsworn testimony shall be made and considered by the commission as comments on the plan under par. (e). Persons presenting such views shall not be parties. The utility, any state agency, county, municipality, town, or any person whose substantial rights may be adversely affected by the testing for or construction of facilities described in an advance plan, shall, upon filing written notice setting forth its interest at least 10 days in advance, be afforded all the rights of a party in a contested case.

Note: Corrects error in transcribing 1995 Wis. Act 27.

35,357p Section 357p. 196.857 (2g) (title) of the statutes is amended to read:

196.857 (2g) (title) Farm service services fees.

Note: Corrects error in transcribing 1995 Wis. Act 27.

35,358 Section 358 . 214.26 (2) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

214.26 (2) (c) After 3 years of corporate existence, the board of directors may petition the division for authority to repay the incorporators, on a proportional basis, any unused portion remaining in the expense fund. If the division determines that the operations of the mutual savings bank at that point are of such degree as so to enable the mutual savings bank to operate without the subsidy, the division may authorize repayment.

Note: Inserts correct word.

35,359 Section 359 . 214.345 (5) of the statutes, as affected by 1995 Wisconsin Act 103, sections 8 and 9, is repealed and recreated to read:

214.345 (5) (a) Subject to the approval of the division, a savings bank's bylaws shall provide for reasonable indemnification to its officers, directors and employes in connection with the faithful performance of their duties for the savings bank. For stock savings banks, the provisions shall be consistent with those under ss. 180.0850 to 180.0859. For mutual savings banks, the provisions shall be consistent with those under ss. 215.512 to 215.525.

(b) The provisions relating to the limited liability of directors under s. 180.0828, as they apply to a director of a corporation, apply to a director of a stock savings bank. The provisions relating to the limited liability of directors and officers under s. 215.525, as they apply to a director or officer of a mutual savings and loan association, apply to a director or officer of a mutual savings bank.

Note: 1995 Wisconsin Act 103, section 8, repeals and recreates s. 214.345 (5) effective on July 1, 1996. 1995 Wisconsin Act 103, section 9, repealed and recreated s. 214.345 (5) effective on the day after publication of the act. The section 8 treatment was intended to take effect on publication, to be replaced by the section 9 treatment on July 1, 1996. This bill recreates the section 9 treatment.

35,360 Section 360 . 214.65 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 103, section 31, is amended to read:

214.65 (2) (b) The proposed sale is approved by the stockholders if it receives an affirmative vote from a majority of the total number of votes that are entitled to be cast. A proposal for the voluntary liquidation of the savings bank may be submitted to the stockholders at the same meeting or at any later meeting called for that purpose. A certified summary of proceedings setting forth the terms of the proposed sale, the form and timing of the notice given, the vote on the proposal and the total number of votes entitled to be cast shall be filed with the division.

Note: Inserts missing words.

35,361 Section 361 . 214.825 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

214.825 Purposes of taking custody. The purposes of taking custody of a savings bank may include examination; production of an audited financial statement; reconstruction of books and records; conservation of assets; restoration of impaired capital; the making of any necessary or equitable adjustment, including changes in officers and management, considered necessary by the division under any plan of reorganization or liquidation; restructuring of the savings bank through a merger or formation of a an interim institution; establishment of a conservatorship to operate and manage a savings bank as an ongoing concern until the grounds for custody and conservatorship are remedied; or the maturing of an obligation of the deposit insurance corporation.

Note: Inserts correct word.

35,362 Section 362 . 215.02 (6) (a) 3. of the statutes, as affected by 1995 Wisconsin Act 104, section 7, is amended to read:

215.02 (6) (a) 3. For the purpose of comparing notes as to matters affecting an association with an examiner of the a deposit insurance corporation or a federal regulatory agency as to any association whose savings accounts are insured by the deposit insurance corporation.

Note: Deletes unnecessary word consistent with the treatment of s. 215.02 (6) (a) 4. by 1995 Wis. Act 104.

35,362m Section 362m. 215.04 (1) (a) to (e) of the statutes are amended to read:

215.04 (1) (a) Advise the division in respect to improvement in the condition and service of associations; .

(b) Review the acts, orders and determinations of the division under sub. (4);.

(c) Act promptly on matters and questions, pertaining to associations, that may be submitted to it by the division;.

(d) Serve as an appeal board for associations under s. ss. 215.40 (18) and 215.60 (15);.

(e) Perform such other review functions in relation to associations as may be provided by law;.

Note: Replaces punctuation consistent with current style; and replaces “s." with “ss.".

35,362p Section 362p. 215.04 (1) (f) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

215.04 (1) (f) Conduct hearings and take testimony, and to subpoena and swear witnesses at such hearings. The review board shall have the same subpoena powers as are possessed by the department of workforce development and also the powers granted by s. 885.01 (4); .

Note: Replaces punctuation consistent with current style.

35,363 Section 363 . 215.32 (6) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

215.32 (6) (a) Notice, allowance and payment of claims. The special deputy commissioner shall publish a class 3 notice, under ch. 985, requiring all persons who have claims against the association, other than savers whose claims are shown in the records of the association, to file proof of their claims at a place and by a date not earlier than 30 days after the last insertion of the notice. The special deputy shall mail a copy of the notice to all persons, at their last-known addresses, who appear as creditors upon the books of the association. Proof of publication and service of the notice shall be filed with the clerk of circuit court. A claim, other than that of a saver whose claim is shown on the records of the association, for which no proof of claim is filed by the date fixed in the notice is barred. Savers whose claims are shown in the records of the association need not file proof of their claims. Any interested party may file written objections to any claim with the special deputy. The special deputy may reject any claim, including a claim of a saver. After notice by registered mail of rejection, the claim is barred unless the claimant commences an action within 90 days after the date of mailing of the notice of rejection.

NOTE: The stricken word should have been deleted by 1995 Wis. Act 27 which eliminated the office of the commissioner of savings and loan.

35,363m Section 363m. 215.32 (6) (d) of the statutes is amended to read:

215.32 (6) (d) Conservation of assets; collection of claims; sale of assets and performance of any other acts upon order of the court. A special deputy commissioner appointed under this section may take any action necessary to conserve the assets and business of an association subject to this section and shall proceed to liquidate its affairs. The special deputy commissioner shall collect all claims belonging to the association, and, with the prior approval of the commissioner and the circuit court, may sell or compound all bad or doubtful claims, do any act or execute any necessary instruments, or sell the property of the association. A special deputy appointed under this section may take any action necessary to conserve the assets and business of an association subject to this section and shall proceed to liquidate its affairs. The special deputy shall collect all claims belonging to the association, and, with the prior approval of the division and the circuit court, may sell or compound all bad or doubtful claims, do any act or execute any necessary instruments, or sell the property of the association.

Note: Corrects error in transcribing 1995 Wis. Act 27.

35,364 Section 364 . 215.32 (6) (h) (title) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

215.32 (6) (h) (title) Transfer of residual assets to commissioner division .

NOTE: The stricken word should have been deleted by 1995 Wis. Act 27 which eliminated the office of the commissioner of savings and loan and replaced it with the division of savings and loan in the department of financial institutions.

35,365 Section 365 . 217.12 (2) of the statutes is amended to read:

217.12 (2) Tokens. No licensee shall issue script scrip or tokens other than checks to be used in lieu of money for the purchase of goods or services from any enterprise.

Note: Inserts correct word.

35,366 Section 366 . 218.05 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read: