1999 Wisconsin Act 85

Note: Section 706.01 (1) is renumbered s. 706.001 (1) by this bill. Replaces improperly used "which" and conforms to current style.

85,141 Section 141. 706.07 (5) (a) 1. and 3. of the statutes are amended to read:

706.07 (5) (a) 1. A judge, clerk, or deputy clerk of a court;.

3. An officer of the foreign service or consular officer of the United States; or.

Note: Replaces punctuation for internal consistency and conformity with current style.

85,142 Section 142. 706.08 (1) (a) of the statutes is amended to read:

706.08 (1) (a) Every conveyance (except Except for patents issued by the United States or this state, or by the proper officers of either) which, every conveyance that is not recorded as provided by law shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, of the same real estate or any portion thereof of the same real estate whose conveyance shall first be duly is recorded first.

Note: Reorders text to eliminate the need for parentheses and replaces improperly used "which", deletes "duly" as being superfluous and inserts specific reference for improved readability and conformity with current style.

85,143 Section 143. 708.10 (1) (g) of the statutes is amended to read:

708.10 (1) (g) "Transaction" means a transaction under s. 706.01 706.001 (1), including a refinancing of an existing indebtedness that is secured by a mortgage on real property, except that "transaction" does not include an open end credit plan as defined under 15 USC 1602 (i).

Note: Section 706.01 (1) is renumbered s. 706.001 (1) by this bill.

85,144 Section 144. 765.02 (2) of the statutes is amended to read:

765.02 (2) If a person is between the age of 16 and 18 years, a marriage license may be issued with the written consent of the person's parents, guardian, custodian under s. 767.23 (1) or 767.24, or parent having the actual care, custody and control of the person. The written consent must be given before the county clerk under oath, or certified in writing and verified by affidavit (or affirmation) before a notary public or other official authorized to take affidavits. The written consent shall be filed with the county clerk at the time of application for a marriage license. If there is no guardian, parent or custodian or if the custodian is an agency or department, the written consent may be given, after notice to any agency or department appointed as custodian and hearing proper cause shown, by the court having probate jurisdiction.

Note: Deletes unnecessary parentheses.

85,145 Section 145. 765.05 of the statutes is amended to read:

765.05 Marriage license; by whom issued. No person may be joined in marriage within this state until a marriage license has been obtained for that purpose from the county clerk of the county in which one of the parties has resided for at least 30 days immediately prior to making application therefor. If both parties are nonresidents of the state, the marriage license may be obtained from the county clerk of the county where the marriage ceremony is to be performed. If one of the persons is a nonresident of the county where the marriage license is to issue, the nonresident's part of the application may be completed and sworn to (or affirmed) before the person authorized to accept such marriage license applications in the county and state in which the nonresident resides.

Note: Deletes unnecessary parentheses and inserts specific reference.

85,146 Section 146. 765.09 (3) of the statutes is renumbered 765.09 (3) (a) and amended to read:

765.09 (3) (a) Each party applicant for a marriage license shall present satisfactory, documentary proof of identification and residence and shall swear ( to or affirm) to the application before the clerk who is to issue the marriage license or the person authorized to accept such marriage license applications in the county and state where the party resides. The application shall contain the social security number of each party, as well as any other informational items that the department of health and family services directs. The portion of the marriage application form that is collected for statistical purposes only shall indicate that the address of the marriage license applicant may be provided by a county clerk to a law enforcement officer under the conditions specified under s. 765.20 (2).

(b) Each applicant for a marriage license under 30 years of age shall exhibit to the clerk a certified copy of a birth certificate, and any applicants each applicant shall submit a copy of any judgments judgment or a death certificate affecting the applicant's marital status. If such any applicable birth certificate, death certificate or judgment is unobtainable, other satisfactory documentary proof of the requisite facts therein may be presented in lieu thereof of the birth certificate, death certificate or judgment. Whenever the clerk is not satisfied with the documentary proof presented, he or she shall submit the same, for an opinion as to the sufficiency of the proof, presented proof to a judge of a court of record in the county of application for an opinion as to its sufficiency.

Note: Subdivides long subsection. Deletes unnecessary parentheses, changes plural word forms to the singular, inserts specific references and reorders text for improved readability and conformity with current style.

85,147 Section 147. 765.16 (intro.) and (1) to (3) of the statutes are amended to read:

765.16 Marriage contract, how made; officiating person. (intro.) Marriage may be validly solemnized and contracted in this state only after a marriage license has been issued therefor, and only in the following manner: by the mutual declarations of the 2 parties to be joined in marriage that they take each other as husband and wife, made before a duly an authorized officiating person and in the presence of at least 2 competent adult witnesses other than such the officiating person, that they take each other as husband and wife. The following are duly authorized to be officiating persons:

(1) Any ordained member of the clergy of any religious denomination or society who continues to be such an ordained member of the clergy ;.

(2) Any licentiate of a denominational body or an appointee of any bishop serving as the regular member of the clergy of any church of the denomination to which the member of the clergy belongs, if not restrained from so doing by the discipline of the church or denomination; .

(3) The 2 parties themselves, by such mutual declarations that they take each other as husband and wife, in accordance with the customs, rules and regulations of any religious society, denomination or sect to which either of said the parties may belong;.

Note: Reorders text and inserts specific reference and replaces for improved clarity and readability. Replaces punctuation for internal consistency and conformity with current style. Deletes "duly" as being superfluous.

85,148 Section 148. 799.14 (1) of the statutes is amended to read:

799.14 (1) Petition; hearing; trial on merits. In any action, where service of summons is made by mailing, a defendant, at any time within 15 days of receiving actual knowledge of the pendency of the action or of the entry of judgment against the defendant (, if judgment has been entered), but not more than one year after judgment was entered, may, by written verified petition, on forms provided by the court, petition to set aside the judgment if one has been entered and for an opportunity to be heard upon the merits. Thereupon the court shall set the matter for hearing at a time that will give the parties reasonable opportunity to appear and, if judgment has been entered, shall stay all proceedings on the judgment. At the time of the hearing the questions raised by the petition shall first be heard and determined by the court. If the court grants the petition, the court shall proceed to try the matter upon the merits or, if judgment has been entered, shall vacate the judgment and proceed to try the matter upon the merits. If the court denies the petition, it shall, if judgment has been entered, revoke its order staying proceedings thereon or, if a judgment has not been entered, it may give the defendant opportunity to be heard upon the merits.

Note: Replaces parentheses consistent with current style.

85,149 Section 149. 805.07 (6) (title) of the statutes is created to read:

805.07 (6) (title) Motion hearing procedure.

Note: The other subsections in s. 805.07 have titles.

85,150 Section 150. 807.13 (4) (title) of the statutes is amended to read:

807.13 (4) (title) Notice; reporting; stipulation; waivers; etc. effect of actions taken; access.

Note: Inserts more descriptive phrase to eliminate the use of "etc.".

85,151 Section 151. 809.25 (1) (a) 1. to 3. of the statutes are amended to read:

809.25 (1) (a) 1. Against the appellant before the court of appeals when the appeal is dismissed or the judgment or order affirmed;.

2. Against the respondent before the court of appeals when the judgment or order is reversed;.

3. Against the petitioner before the supreme court when the judgment of the court of appeals is affirmed by the supreme court;.

Note: Replaces punctuation for internal consistency and conformity with current style.

85,152 Section 152. 814.28 (4) of the statutes is amended to read:

814.28 (4) Deposit in lieu of undertaking. The plaintiffs in lieu of such an undertaking under sub. (3) may deposit with the clerk of the court (, who shall give a receipt therefor), money equal to the amount specified in the order for security, and give notice of such the deposit.

Note: Replaces parentheses and "such" for improved readability and conformity with current style.

85,153 Section 153. 815.05 (intro.) of the statutes is renumbered 815.05 (1g) (a) (intro.) and amended to read:

815.05 (1g) (a) (intro.) The execution shall be issued from and sealed with the seal of the court and signed by the clerk of circuit court where the judgment, or a certified copy of the judgment, or the transcript of the municipal judge's judgment is filed. The execution shall be directed to the sheriff, or, except as provided for in par. (b), the coroner if the sheriff is a party or interested, and countersigned by the judgment owner or his or her the owner's attorney. The execution shall intelligibly refer to the judgment, stating all of the following:

1. The court, the.

2. The county where the judgment or a certified copy of the judgment or the transcript is filed, the.

3. The names of the parties, the.

4. The amount of the judgment, if it is for money , the.

5. The amount due on the judgment, and the.

6. The time of entry in the judgment and lien docket in the county to which the execution is issued. The execution shall require the officer, substantially as follows:

Note: Subdivides provision in outline form consistent with current style. The directive to officers is deleted from this provision as it does not apply grammatically to all of subs. (1) to (8) and is inserted into each of those provisions to which it does apply. The deletion of the directive to officers renders this provision not an (intro.) and requires its renumbering to be a subsection. Section 815.13 allows directing an execution against a sheriff to persons other than the coroner. That section is renumbered to be sub. (1g) (b) of this section for more logical location. See the next 3 sections of this bill.

85,154 Section 154. 815.05 (1) of the statutes is renumbered 815.05 (1s) and amended to read:

815.05 (1s) If it be the execution is against the property of the judgment debtor, the execution shall require the officer to whom it is directed to satisfy the judgment out of the personal property of the debtor, and if sufficient personal property cannot be found, out of the real property belonging to the judgment debtor on the day when the judgment was entered in the judgment and lien docket in the county or at any time thereafter.

Note: The renumbering of s. 815.05 (intro.) by the previous section of this bill requires the renumbering of this provision to maintain its proper location within the section. A specific reference is inserted and the directive previously contained in s. 815.05 (intro.) is inserted for improved readability and conformity with current style. See also the previous section of this bill.

85,155 Section 155. 815.05 (2) to (8) of the statutes are amended to read:

815.05 (2) If real estate shall have has been attached and judgment rendered for the plaintiff, the execution may also direct a sale of the interest which that the defendant had in such the attached real estate at the time it was attached or at any time thereafter.

(3) If the execution is upon a judgment to enforce a lien upon specific property, the execution shall require the officer to whom it is directed to sell the interest which that the defendant had in such that specific property at the time such that the lien attached.

(4) If it be the execution is against property in the hands of personal representatives, heirs, devisees, legatees, tenants of real property or trustees, the execution shall require the officer to whom it is directed to satisfy the judgment out of such that property.

(5) If it be the execution is against the person of the judgment debtor, the execution shall require the officer to whom it is directed to arrest the judgment debtor and commit the judgment debtor to the county jail until the judgment debtor shall pay pays the judgment or be is discharged according to law.

(6) If it the execution is for the delivery of property, the execution shall require the officer to whom it is directed to deliver the possession of the property, particularly describing the property, to the party entitled to the property, and may require the officer to satisfy any costs, damages or rents and profits covered by the judgment out of the personal property of the party against whom the judgment was rendered, and shall specify the value of the property for which the judgment was recovered. If delivery of the property is not possible and if sufficient personal property cannot be found, the officer may satisfy the judgment out of the real property belonging to the person against whom the execution was rendered on the day when the judgment was entered in the judgment and lien docket or at any time thereafter. When

(6m) If a judgment in replevin is entered against the principal and also against the principal's sureties under s. 810.15, the execution shall direct that the property of the surety shall not be levied on unless the property found, belonging to the principal, is not sufficient to satisfy the judgment.

(7) When If the judgment is not all due, the execution may issue for the collection of such any instalments as that have become due, and shall direct the sheriff to collect the amount then due, with interest and costs, stating the amount of each; the. The judgment shall remain as security for the instalments thereafter to become due, and whenever any further instalments shall become due , execution may in like manner be issued for their collection.

(8) Except as provided in s. 807.01 (4), every execution upon a judgment for the recovery of money shall direct the collection of interest at the rate of 12% per year on the amount recovered from the date of the entry thereof of the judgment until it is paid.

Note: Specific references are inserted and the directive previously contained in s. 815.05 (intro.) is inserted where appropriate for improved readability and conformity with current style. Subsection (6m) is separated from sub. (6) because it relates to a separate subject. See also the previous 2 sections of this bill.

85,156 Section 156. 815.13 (title) of the statutes is repealed.

85,157 Section 157. 815.13 of the statutes is renumbered 815.05 (1g) (b) and amended to read:

815.05 (1g) (b) Whenever a judgment shall be is recovered in any court of record against the sheriff instead of directing, the execution thereon to the coroner of the county it may be directed and delivered to any person (, except a party in interest), designated by order of the court; and such person who shall perform the duties of a sheriff and be liable in all respects to all the provisions of law respecting sheriffs, as far as the same may be to the extent that those laws are applicable.

Note: Section 815.05 provides that executions "shall be directed to the sheriff, or the "coroner if the sheriff is a party or interested". This bill amends that provision to read that executions shall be directed to the sheriff, or, except as provided for in par. (b), [this provision as renumbered] the coroner if the sheriff is a party or interested", eliminating the need for the reference to the coroner in this section. Section 815.13 is moved to s. 815.05 to be placed with the related material in that section. Parentheses are replaced consistent with current style and more specific language is added.

85,158 Section 158. 840.01 of the statutes is renumbered 840.01 (intro.) amended to read:

840.01 Definition of interest in real property. (intro.) As used in chs. 840 to 846 "interest :

(1) Except as provided in sub. (2), "interest in real property" includes estates in, powers (as provided in ch. 702) under ch. 702 over, and all present and future rights to, title to, or and interests in real property, including, without limitation by enumeration, security interests and liens on land, easements, profits, rights of appointees under powers, rights under covenants running with the land, powers of termination and homestead rights; the . The interest may be such as an interest that was formerly designated legal or equitable; the. The interest may be surface, subsurface, suprasurface, riparian or littoral; but "interest.

(2) "Interest in real property" does not include interests held only as a member of the public nor does it include licenses.

Note: Reorders text to eliminate need for parentheses and replaces language, subdivides long sentence and inserts the full defined term in the second quote for internal consistency, improved readability and conformity with current style.

85,159 Section 159. 863.07 of the statutes is amended to read:

863.07 Assignment by distributee. If any person interested in an estate assigns all or part of his or her interest therein ( in the estate, other than an interest not assignable by the specific language of the will), as collateral or otherwise and the assignee serves a copy thereof of the assignment on the personal representative of the estate and files a copy with the court in which the estate is being administered before the entry of the final judgment and before the property or interest covered by the assignment has been distributed under s. 863.01, the court shall assign to the assignee in the final judgment the interest or part of the interest of the assignor included within the assignment to the extent that the assignment is valid as determined by the court, after giving effect to any credits to which the assignor may prove himself or herself entitled. A personal representative incurs no liability to an assignee of a person interested for any acts performed or distribution made by the personal representative prior to the time a copy of the assignment is received by the personal representative or he or she has actual knowledge of the assignment.

Note: Inserts specific references and replaces parentheses for improved readability and conformity with current style.

85,160 Section 160. 867.04 of the statutes is amended to read:

867.04 Termination of joint tenancy and life estate. If a domiciliary of this state dies who immediately prior to death had an estate for life or an interest as a joint tenant in any property, or if a person not domiciled in this state dies having such an interest in property in this state, upon petition of any person interested in the property to the court of the county of domicile of the decedent (, or if the decedent was not domiciled in this state, of any county where the property is situated), the court shall issue a certificate, under the seal of the court. The certificate shall set forth the fact of the death of the life or joint tenant, the termination of the life estate or joint tenancy interest, the right of survivorship of any joint tenant and any other facts essential to a determination of the rights of persons interested. The certificate is prima facie evidence of the facts recited, and if the certificate relates to an interest in real property or to a debt which that is secured by an interest in real property, a certified copy or duplicate original of the certificate shall be recorded by the petitioner in the office of the register of deeds in each county in this state in which the real property is located.

Note: Replaces parentheses and improperly used "which" in conformity with current style.

85,161 Section 161. 880.06 (2) of the statutes is amended to read:

880.06 (2) Change of residence of ward or guardian. If a guardian removes from the county where appointed to another county within the state or a ward removes from the county in which he or she has resided to another county within the state, the circuit court for the county in which the ward resides may appoint a new guardian as provided by law for the appointment of a guardian. Upon verified petition of the new guardian, accompanied by a certified copy of appointment and bond if the appointment is in another county, and upon the notice prescribed by s. 879.05 to the originally appointed guardian (, unless he or she is the same person), and to such any other persons as that the court shall order, the court of original appointment may order the guardianship accounts settled and the property delivered to the new guardian.

Note: Replaces parentheses and disfavored terms consistent with current style.

85,162 Section 162. 880.08 (3) (intro.) and (a) to (d) of the statutes are renumbered 880.08 (3) (am) (intro.) and 1. to 4. and amended to read:

880.08 (3) (am) (intro.) When the proposed ward is a minor, notice shall be given as provided in s. 879.05 to all of the following persons, if applicable:

1. To the The proposed ward's spouse ;.

2. To The proposed ward's parents ;.

3. To a A minor proposed ward over 14 years of age unless the minor appears at the hearing;.