AB970,56,22
20103.58 Injunctions: contents. Except as provided in s. 103.56
no,
any 21restraining order or temporary or permanent injunction
shall be granted in a case
22involving or growing out of a labor dispute
, except
is subject to all of the following:
AB970,57,3
1(1) The order or injunction may be granted only on the basis of findings of fact
2made and filed by the court in the record of the case prior to the issuance of
such
3restraining the order or injunction
; and every restraining.
AB970,57,8
4(2) The order or injunction
granted in a case involving or growing out of a labor
5dispute shall include only a prohibition of
such
those specific
act or acts
as may be 6that are expressly complained of in the bill of complaint or petition filed in
such the 7case and expressly included in
said findings of fact made and filed by the court as
8provided
herein; and under sub. (1).
AB970,57,12
9(3) The order or injunction shall be binding only upon the parties to the suit,
10their agents, servants, employes and attorneys, or those in active concert and
11participation with them,
and who
shall by personal service or otherwise have
12received actual notice of the
same order or injunction.
Note: Subdivides provision and replaces language and nonspecific references with
specific references for greater readability and conformity with current style.
AB970, s. 98
13Section
98. 103.59 of the statutes is amended to read:
AB970,57,19
14103.59 Injunctions: appeals. If any court issues or denies any temporary
15injunction in a case involving or growing out of a labor dispute, the court shall, upon
16the request of any party to the proceedings, and on filing the usual bond for costs,
17forthwith immediately certify the entire record of the case, including a transcript of
18the evidence taken, to the appropriate appellate court for its review. Upon the filing
19of the record in the appropriate appellate court
, the appeal shall be given preference.
Note: Replaces language for greater readability and conformity with current style.
AB970, s. 99
20Section
99. 103.60 (intro.) of the statutes is amended to read:
AB970,57,23
21103.60 Contempt cases. (intro.) If a person is charged with contempt under
22this chapter for violation of a restraining order or injunction issued by a court
or
23judge or judges thereof, the accused shall enjoy
all of the following:
Note: Deletes redundant language for greater readability and conformity with
current style.
AB970, s. 100
1Section
100. 103.60 (1) of the statutes is amended to read:
AB970,58,32
103.60
(1) The rights
as to admission to bail that are accorded to persons
3accused of
a crime.
Note: Deletes redundant language for greater readability and conformity with
current style.
AB970, s. 101
4Section
101. 103.60 (2) of the statutes is amended to read:
AB970,58,75
103.60
(2) The right to be notified of the accusation and a reasonable time to
6make a defense,
provided if the alleged contempt is not committed in the immediate
7view or presence of the court.
Note: Replaces language for greater readability and conformity with current style.
AB970, s. 102
8Section
102. 103.60 (3) of the statutes is amended to read:
AB970,58,179
103.60
(3) Upon demand, the right to a speedy and public trial by an impartial
10jury of the county in which the contempt was committed,
provided except that this
11requirement
shall not be construed to does not apply to contempts committed in the
12presence of the court or so near
thereto to the court as to interfere directly with the
13administration of justice or to
apply to the misbehavior, misconduct or disobedience
14of any officer of the court in respect to the writs, orders or process of the court. All
15contempt proceedings brought for the alleged violation of any such restraining order
16or injunction are independent, original, special proceedings and shall require a
17unanimous finding of the jury.
Note: Replaces language and nonspecific references with specific references for
greater readability and conformity with current style.
AB970, s. 103
18Section
103. 103.61 of the statutes is amended to read:
AB970,59,5
19103.61 Punishment for contempt. Punishment for a contempt, specified in
20s. 103.60, may be by fine, not exceeding $25, or by imprisonment not exceeding
ten
110 days, in the jail of the county where the court is sitting, or both, in the discretion
2of the court.
Where If a person is committed to jail
, for the nonpayment of
such a fine
3imposed under this section, the person must be discharged at the expiration of
fifteen 415 days
; but where except that if the person is also committed for a definite time
, the
5fifteen 15 days must be computed from the expiration of the definite time.
Note: Replaces nonspecific reference with specific reference and word form of
numbers with digits for greater conformity with current style.
AB970, s. 104
6Section
104. 103.62 (intro.), (1) (intro.), (a), (b) and (d), (2) and (3) of the
7statutes are renumbered 103.505 (intro.), (1) (intro.), (a), (b) and (d), (2) and (3), and
8103.505 (intro.), (1) (d), (2) and (3) of the statutes, as renumbered, are amended to
9read:
AB970,59,12
10103.505 (title)
Definitions
Collective bargaining; definitions. (intro.)
11When used in ss.
103.51 103.505 to
103.62 103.61, and for the purposes of
these those 12sections:
AB970,59,15
13(1) (d) Between any conflicting or competing interests in a
"labor dispute
", as
14defined in sub. (3), of
"persons participating or interested
" therein, as defined in sub.
15(2) in the labor dispute.
AB970,59,21
16(2) A person or association shall be held to be a person participating or
17interested in a labor dispute if relief is sought against the person or association and
18if the person or association is engaged in the industry, trade, craft, or occupation in
19which
such the labor dispute occurs, or is a member, officer, or agent of any
20association of employers or employes engaged in
such
that industry, trade, craft, or
21occupation.
AB970,60,5
22(3) The term "labor "Labor dispute" means any controversy between an
23employer and the majority of the employer's employes in a collective bargaining unit
1concerning the right or process or details of collective bargaining or the designation
2of representatives. Any organization with which either the employer or
such the 3majority
of the employer's employes is affiliated may be considered a party to the
4labor dispute.
The provisions of this subsection shall supersede any provision of the
5statutes in conflict therewith.
Note: Renumbers provision for proper location; replaces nonspecific references
with specific references, amends the title and deletes quotation marks and redundant
language for greater readability and conformity with current style.
Note: See the note to the previous section of this bill.
AB970, s. 106
8Section
106. 111.01 (1) of the statutes is amended to read:
AB970,60,129
111.01
(1) It recognizes that there are
three 3 major interests involved, namely:
10That of the public, the employe
, and the employer. These
three 3 interests are to a
11considerable extent interrelated. It is the policy of the state to protect and promote
12each of these interests with due regard to the situation and to the rights of the others.
Note: Replaces word form of numbers with digits for greater readability and
conformity with current style.
AB970, s. 107
13Section
107. 111.63 of the statutes is amended to read:
AB970,60,20
14111.63 Enforcement. The commission shall
have the responsibility for
15enforcement of enforce compliance with
the provisions of this subchapter and to that
16end may file an action in the circuit court of the county in which any
such violation
17of this subchapter occurs to restrain and enjoin
such the violation and to compel the
18performance of the duties imposed by this subchapter. In any
such action
the
19provisions of ss. 103.51 to 103.62 shall described in this section, ss. 103.505 to 103.61
20do not apply.
Note: Reflects the renumbering of s. 103.62, deletes redundant language and
replaces nonspecific reference with specific references for greater readability and
conformity with current style.
AB970, s. 108
1Section
108. 112.01 (1) (d) of the statutes is amended to read:
AB970,61,42
112.01
(1) (d) "Person" includes a corporation, limited liability company,
3partnership, or other association
, or
two 2 or more persons having a joint or common
4interest.
Note: Replaces word form of numbers with digits for greater readability and
conformity with current style.
AB970, s. 109
5Section
109. 114.33 (6) of the statutes is renumbered 114.33 (6) (a) and
6amended to read:
AB970,61,177
114.33
(6) (a) For the purposes of carrying out this section and ss. 114.35 and
8114.37, the secretary may acquire by gift, devise, purchase or condemnation any
9lands for establishing, protecting, laying out, enlarging, extending, constructing,
10reconstructing, improving and maintaining airports, or interests in lands in and
11about airports
, and after establishment, layout and. After completion of
such the 12improvements, the secretary may convey as provided in this subsection lands
thus 13that were acquired
and under this subsection, but were not necessary for
the airport
14improvements
, with. The conveyances may be made with reservations concerning
15the future use and occupation of those lands so as to protect the airports and
16improvements and their environs and to preserve the view, appearance, light, air and
17usefulness of the airports.
AB970,62,9
18(b) Whenever the secretary
deems
considers it necessary to acquire any lands
19or interests in lands for any of
those the purposes
described in par. (a), the secretary
20shall so order and in the order, or on a map or plat, show the lands and interests
21required. The secretary shall file a copy of the order and map with the county clerk
22of each county in which the lands or interests are required. For the purposes of this
1section the secretary may acquire private or public lands or interests therein. When
2so provided in the secretary's order, the land shall be acquired in fee simple. Unless
3the secretary elects to proceed under sub. (3), the secretary shall
endeavor attempt 4to obtain easements or title in fee simple by conveyance of the lands or interests
5required at a price, including any damages,
deemed
considered reasonable by the
6secretary. The instrument of conveyance shall name the state as grantee and shall
7be recorded in the office of the register of deeds. The purchase or acquisition of lands
8or interests
therein in lands under this section is excepted and exempt from s. 20.914
9(1).
AB970,62,16
10(c) The secretary may purchase or accept donations of remnants of tracts or
11parcels of land existing at the time or after the secretary has acquired portions of
12tracts or parcels, by purchase or condemnation for airport purposes, where in the
13judgment of the secretary
such action the acquisition of the tracts or parcels would
14assist in making whole the
land owner landowner, a part of whose lands have been
15taken for airport purposes and would serve to minimize the overall cost of
such the 16taking by the public.
Note: Subdivides provision and replaces nonspecific references with specific
references and other language for greater readability and conformity with current style.
AB970, s. 110
17Section
110. 128.001 of the statutes is created to read:
AB970,62,18
18128.001 Definitions. In this chapter:
AB970,62,20
19(2) Petition. "Petition" means a petition for the appointment of a receiver
20under this chapter.
Note: Creates a definition section for the proper location of definitions in ch. 128.
The term "petition" is used throughout the chapter without specifying what is being
petitioned for. According to legislative counsel notes in the drafting files to chapter 289,
Laws of 1969, all references to petition are to petitions for the appointment of a receiver.
See also the treatment of s. 128.04 by this bill.
AB970, s. 111
21Section
111. 128.02 (2) of the statutes is amended to read:
AB970,63,9
1128.02
(2) No assignment shall be void because of any defect, informality or
2mistake
therein in the assignment or in the bond, inventory or list of creditors
3accompanying the
same; and the assignment. The court may direct the amendment
4of the assignment or of any other
paper document to effect the intention of the
5assignor or assignee, or to obtain a distribution of the assignor's assets as provided
6in this chapter, and any such amendment shall relate back to the time of the
7execution of the
paper document. No mistake in filing a copy instead of an original
8or any like mistake or inadvertent failure to comply with
the provisions of this
9chapter shall void the assignment.
AB970,63,14
10(3) (a) No creditor shall, in case a debtor has attempted to make an assignment
11for the benefit of creditors, or in case of the insolvency of any debtor, by attachment,
12garnishment or otherwise, obtain priority over other creditors upon
such the 13assignment being adjudged void, or in consequence of any sale, lien or security being
14adjudged void
; but in.
AB970,63,17
15(b) In all
such cases
described in par. (a), the property of
such the debtor shall
16be administered for the ratable benefit of all of the debtor's creditors under the
17direction of the court by the assignee or by a receiver.
Note: Subdivides provision, inserts specific references and cross-references and
replaces other language for greater readability and conformity with current style.
AB970, s. 112
18Section
112. 128.03 of the statutes is amended to read:
AB970,63,23
19128.03 Liens by legal proceedings; assignment. When a lien has been
20obtained by legal proceedings against the property of a debtor the debtor may, within
21thirty 30 days thereafter, make an assignment of all of the debtor's nonexempt
22property for the benefit of all of the debtor's creditors, whereupon
such the lien shall
23be dissolved and the property shall be turned over to the assignee.
Note: Replaces word form of numbers with digits and other language for greater
readability and conformity with current style.
AB970, s. 113
1Section
113. 128.04 of the statutes is renumbered 128.001 (1) (intro.) and
2amended to read:
AB970,64,53
128.001
(1) (title)
Definition of insolvency; time Insolvent. (intro.) A person
4shall be deemed is considered "insolvent
within the provisions of this chapter" 5whenever
any of the
following conditions is met:
AB970,64,10
6(a) The aggregate of the person's property, exclusive of any property
which that 7the person may have conveyed, transferred, concealed or removed, or permitted to
8be concealed or removed, with intent to defraud, hinder or delay the person's
9creditors, shall not, at a fair valuation be sufficient in amount to pay the person's
10debts
, or if an.
AB970,64,12
11(b) An execution
be against the person or the person's property is returned
12unsatisfied
or if the.
AB970,64,13
13(c) The person
shall make makes an assignment for the benefit of creditors.
Note: Repositions and subdivides provision and replaces language for greater
readability and conformity with current style.
AB970, s. 114
14Section
114. 128.05 (1) of the statutes is amended to read:
AB970,64,2015
128.05
(1) The assignee shall
indorse
endorse in writing the assignee's
16acceptance of the assignment, and shall file
such
the assignment with the clerk of
the 17circuit court in the county where the debtor has his or her residence or principal place
18of business. The court shall, upon the filing of
such
the assignment, order
such the 19assignee to administer the debtor's estate pursuant to this chapter, and the assignee
20shall be vested with the powers of a receiver.
Note: Replaces disfavored term.
AB970, s. 115
21Section
115. 128.05 (2) of the statutes is amended to read:
AB970,65,4
1128.05
(2) A certified copy
thereof of an assignment filed under sub. (1) may
2be recorded in the office of the register of deeds of any county wherein lands are
3conveyed by
such the assignment in the same manner and with the same effect as
4other conveyances.
Note: Inserts specific cross-reference and replaces disfavored term.
AB970, s. 116
5Section
116. 128.07 (1) (intro.) and (b) of the statutes are created to read:
AB970,65,66
128.07
(1) Definitions. (intro.) In this section:
AB970,65,87
(b) "Recipient" means a person who receives a preference, or benefits from a
8preference, or that person's agent.
Note: Creates a definition subsection for the proper location of definitions in s.
128.07. The definition of "recipient" is created from language in sub.(2) in order to
simplify and improve the clarity and readability of sub. (2).
AB970, s. 117
9Section
117. 128.07 (1) of the statutes is renumbered 128.07 (1) (a) and
10amended to read:
AB970,65,1711
128.07
(1) (a)
A person shall be
deemed considered to have given a preference
12if, being insolvent, the person has made a transfer of any of his or her property, or
13has procured or
suffered permitted a judgment to be entered against him or her in
14favor of any other person, and the effect of the transfer or the enforcement of the
15judgment will be to enable any
one of his or her creditors creditor to obtain a greater
16percentage of his or her debt than any other
of such creditors creditor of the same
17class.
Note: Moves definition to definitions subsection. Replaces disfavored terms.
AB970, s. 118
18Section
118. 128.07 (2) of the statutes is amended to read:
AB970,66,519
128.07
(2) If the debtor
shall have
has given a preference within
four 4 months
20before the filing of a petition, or an assignment,
or after the filing of the petition and
21before the appointment of a receiver, or after the filing of an assignment and before
22the qualification of the assignee, and the
person receiving it, or to be benefited
1thereby, or his or her agent acting therein, shall have had
recipient has reasonable
2cause to believe that the enforcement of
such the judgment or transfer would effect
3a preference,
it the judgment shall be voidable by the receiver or assignee, and the
4receiver or assignee may recover the property or its value from
such person the
5recipient.
Note: Deletes language moved to sub. (1) (a) and replaces word form of number
with digits and other language for greater readability and conformity with current style.
See also the previous section of this bill.
AB970, s. 119
6Section
119. 128.07 (3) of the statutes is renumbered 128.07 (1) (c) 1. (intro.)
7and amended to read:
AB970,66,118
128.07
(1) (c) 1. (intro.) "Transfer" means
the any of the following, whether
9made absolutely or conditionally, voluntarily or involuntarily, by or without judicial
10proceedings, as a conveyance, sale, assignment, payment, pledge, mortgage, lien,
11encumbrance, gift, security or otherwise:
AB970,66,13
12a. The sale or other disposal of or
of parting with property
or with, an interest
13therein in property or
with the possession
thereof or the of property.
AB970,66,17
14b. The fixing of a lien upon property or upon an interest
therein, absolutely or
15conditionally, voluntarily or involuntarily, by or without judicial proceedings, as a
16conveyance, sale, assignment, payment, pledge, mortgage, lien, encumbrance, gift,
17security or otherwise in property.
AB970,66,19
182. The retention of a security title to property delivered to a debtor shall be
19deemed considered a transfer
suffered permitted by
such the debtor.
Note: Repositions and subdivides provision, repositions text and replaces
disfavored language for greater readability and conformity with current style.
AB970, s. 120
20Section
120. 128.07 (4) of the statutes is amended to read:
AB970,67,1021
128.07
(4) A transfer of property other than real property shall be
deemed 22considered to have been made or
suffered permitted at the time when it became so
1far perfected that no subsequent lien upon
such the property obtainable by legal or
2equitable proceedings on a simple contract could become superior to the rights of the
3transferee. A transfer of real property shall be
deemed considered to have been made
4or
suffered permitted when it became so far perfected that no subsequent bona fide
5purchase from the debtor could create rights in
such
the property superior to the
6rights of the transferee. If any transfer of real property is not so perfected against a
7bona fide purchase, or if any transfer of other property is not so perfected against
8such liens by legal or equitable proceedings prior to the filing of a petition initiating
9a proceeding in insolvency, it shall be
deemed considered to have been made
10immediately before the filing of the petition.
Note: Replaces disfavored terms.
AB970, s. 121
11Section
121. 128.11 of the statutes is amended to read: