AB378: Bill Text

AB378,162,9 408.313 (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.

AB378, s. 445 Section 445. 408.316 of the statutes is amended to read:

AB378,162,20 408.316 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.

AB378, s. 446 Section 446. 422.201 (1) of the statutes is amended to read:

AB378,163,4 422.201 (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Note: Section 422.201 (4) was repealed by 1995 Wis.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.

AB378, s. 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 of the statutes by 1995 Wisconsin Act 216 is not repealed by 1995 Wisconsin Act 329.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.

AB378, s. 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).

AB378, s. 449 Section 449. 448.525 (2) of the statutes, as created by 1995 Wisconsin Act 166, is amended to read:

AB378,163,16 448.525 (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.

AB378, s. 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.

AB378, s. 451 Section 451. 455.07 (3) of the statutes is amended to read:

AB378,163,21 455.07 (3) The late renewal fees are specified under s. 440.08 (3) (a).

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

AB378, s. 452 Section 452. 458.01 (11) of the statutes is amended to read:

AB378,164,4 458.01 (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.

AB378, s. 453 Section 453. 553.51 (4) of the statutes, as affected by 1995 Wisconsin Act 415, section 9, is amended to read:

AB378,164,13 553.51 (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.

AB378, s. 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:

AB378,164,16 chapter 563

AB378,164,18 subchapter ii duties and powers of the board

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

AB378, s. 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.

AB378, s. 456 Section 456. 611.40 (1) of the statutes is amended to read:

AB378,165,6 611.40 (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.

AB378, s. 457 Section 457. 611.51 (9) (title) of the statutes is reenacted to read:

AB378,165,8 611.51 (9) (title) Books and records.

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

AB378, s. 458 Section 458. 614.80 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB378,165,16 614.80 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.

AB378, s. 459 Section 459. 632.68 (1) (a) of the statutes, as created by 1995 Wisconsin Act 371, is amended to read:

AB378,165,21 632.68 (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.

AB378, s. 460 Section 460. 632.895 (8) (a) 3. b. of the statutes is amended to read:

AB378,166,6 632.895 (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.

AB378, s. 461 Section 461. 632.898 (2) (d) of the statutes, as created by 1995 Wisconsin Act 453, is amended to read:

AB378,166,15 632.898 (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.

AB378, s. 462 Section 462. 632.898 (3) (c) of the statutes, as created by 1995 Wisconsin Act 453, is amended to read:

AB378,167,2 632.898 (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.

AB378, s. 463 Section 463. 645.22 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

AB378,167,7 645.22 (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.

AB378, s. 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.

AB378, s. 465 Section 465. 706.05 (2m) (b) 2. of the statutes is amended to read:

AB378,167,14 706.05 (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).

AB378, s. 466 Section 466. 707.37 (4) (d) of the statutes, as affected by 1995 Wisconsin Acts 225 and 227, is amended to read:

AB378,167,17 707.37 (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.

AB378, s. 467 Section 467. 708.10 (1) (c) of the statutes, as created by 1995 Wisconsin Act 394, is amended to read:

AB378,168,5 708.10 (1) (c) "Lender" means all lenders identified under s. 706.11 (1), loan solicitors, as defined under s. 440.71 224.71 (2), and savings and loan associations organized under ch. 215, except that "lender" does not include any federal, state or local unit of government or any agency, political subdivision or instrumentality of such a unit of government.

Note: Inserts correct cross-reference. Section 440.71 was renumbered to s. 224.71 by 1995 Wis. Act 27.

AB378, s. 468 Section 468. 753.35 (1) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

AB378,168,20 753.35 (1) A circuit court may, subject to the approval of the chief judge of the judicial administrative district, adopt and amend rules governing practice in that court that are consistent with rules adopted under s. 751.12 and statutes relating to pleading, practice and procedure. The court shall file each adopted or amended rule with the clerk of circuit court. Except for a rule adopted or amended as an emergency rule, the court shall file an adopted or amended rule prior to the rule's effective date. The clerk of circuit court shall send a copy of the filed adopted or amended rule to the secretary of the local bar association in that circuit, the court administrator for that judicial administrative district, the state bar of Wisconsin and, the state law library and the office of the director of state courts. A person may submit to the court written comments on a rule for the court's consideration in determining whether revision of the rule is needed. The clerk of circuit court shall print and make available to the public, at cost, all rules adopted or amended under this section.

Note: 1995 Wis. Act 225 deleted the comma without showing it as stricken and inserted "and" without showing it as underscored. No change was intended.

AB378, s. 469 Section 469. 757.295 (1) to (3) of the statutes are amended to read:

AB378,169,3 757.295 (1) Soliciting legal business. Except as provided under SCR 20.08 20:7.1 to 20:7.5, no person may solicit legal matters or a retainer, written or oral, or any agreement authorizing an attorney to perform or render legal services.

AB378,169,9 (2) Solicitation of a retainer for an attorney. Except as provided under SCR 20.08 20:7.1 to 20:7.5, no person may communicate directly or indirectly with any attorney or person acting in the attorney's behalf for the purpose of aiding, assisting or abetting the attorney in the solicitation of legal matters or the procurement through solicitation of a retainer, written or oral, or any agreement authorizing the attorney to perform or render legal services.

AB378,169,14 (3) Employment by attorney of person to solicit legal matters. Except as provided under SCR 20.08 20:7.1 to 20:7.5, no attorney may employ any person for the purpose of soliciting legal matters or the procurement through solicitation of a retainer, written or oral, or of any agreement authorizing the attorney to perform or render legal services.

Note: Corrects cross-reference.

AB378, s. 470 Section 470. 767.001 (7) of the statutes, as created by 1995 Wisconsin Act 279, is amended to read:

AB378,169,18 767.001 (7) "Support collection designee" means the county support collection designee under s. 59.07 (97m) 59.53 (5m).

Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.

AB378, s. 471 Section 471. The amendment of 767.075 (2) (a) and (b) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 404. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 472 Section 472. The amendment of 767.08 (3) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 404. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 473 Section 473. The amendment of 767.15 (1) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 289. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 474 Section 474. The amendment of 767.24 (2) (b) 2. c. of the statutes by 1995 Wisconsin Act 275 is not repealed by 1995 Wisconsin Act 343. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 475 Section 475. The amendment of 767.25 (4m) (d) 2. of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 404. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 476 Section 476. 767.262 (4) (b) of the statutes, as affected by 1995 Wisconsin Acts 201 and 279, is amended to read: