AB925,57,6
1700.17
(3) Characteristics of tenancy in common. Each of 2 or more tenants
2in common has an undivided interest in the whole property for the duration of the
3tenancy. There is no right of survivorship incident to a tenancy in common
;, but a
4remainder may be created to vest ownership in the survivor of several persons who
5own as tenants in common other preceding interests
(, such as a life interest
), in the
6same property.
Note: Replaces parentheses and punctuation consistent with current style.
AB925, s. 124
7Section
124. 700.22 (1) of the statutes is renumbered 700.22 (1) (a) and
8amended to read:
AB925,57,129
700.22
(1) (a)
Nothing in ss. 700.17 to 700.21 governs the determination of
10rights to In this subsection, "deposits
(including" include checking accounts or
11instruments deposited
therein into or drawn
thereon on checking accounts, savings
12accounts, certificates of deposit, investment shares or any other form of deposit
).
AB925,57,15
13(b) Nothing in ss. 700.17 to 700.21 governs the determination of rights to
14deposits in banks, building and loan associations, savings banks, savings and loan
15associations, credit unions or other financial institutions.
Note: Subdivides provision and reorders text to accommodate the replacement of
parentheses and for improved readability and conformity with current style.
AB925, s. 125
16Section
125. 701.13 (3) of the statutes is amended to read:
AB925,58,517
701.13
(3) Termination. In the case of a living trust
where the whose settlor
18is deceased and in the case of any testamentary trust, regardless in either case of
19spendthrift or similar protective provisions, a court with the consent of the trustee
20may order termination of the trust, in whole or in part, and the distribution of the
21assets that it considers appropriate if the court is satisfied that because of any
22substantial reason existing at the inception of a testamentary trust or, in the case of
23any trust, arising from a subsequent change in circumstances
(, including but not
1limited to the amount of principal in the trust, income produced by the trust and the
2cost of administering the trust
), continuation of the trust, in whole or in part, is
3impractical. In any event, if the trust property is valued at less than $50,000, the
4court may order termination of the trust and the distribution of the assets that it
5considers appropriate.
Note: Replaces parentheses consistent with current style. "Where" is replaced as
it does not denote place.
AB925, s. 126
6Section
126. 701.13 (5) of the statutes is renumbered 701.13 (5) (b), and 701.13
7(5) (b) (intro.), 1., 2. and 3., as renumbered, are amended to read:
AB925,58,98
701.13
(5) (b) (intro.) Subsections (2) and (3) do not apply to a trust
where under
9which a future interest is indefeasibly vested in
any of the following:
AB925,58,1010
1. The United States or a political subdivision for exclusively public purposes
;.
AB925,58,1811
2. A corporation
that is organized exclusively for religious, charitable,
12scientific, literary or educational purposes, including the encouragement of art and
13the prevention of cruelty to children or animals, no part of the net earnings of which
14inures to the benefit of any private shareholder or individual and no substantial part
15of the activities of which is carrying on propaganda or otherwise attempting to
16influence legislation, and
which that does not participate or intervene in
(including
17the publishing or distributing of statements) any political campaign on behalf of any
18candidate for public office
;.
AB925,59,519
3. A trustee or a fraternal society, order or association operating under the lodge
20system, provided the principal or income of such trust is to be used by such trustee
21or by such fraternal society, order or association exclusively for religious, charitable,
22scientific, literary or educational purposes or for the prevention of cruelty to children
23and animals, and no substantial part of the activities of such trustee or of such
1fraternal society, order or association is carrying on propaganda or otherwise
2attempting to influence legislation, and such trustee or such fraternal society, order,
3or association does not participate or intervene in
(including the publishing or
4distributing of statements) any political campaign on behalf of any candidate for
5public office
; or.
Note: To remove parentheses, the material contained in the parentheses is moved
to a separate definition provision by the next section of this bill. Replaces punctuation
consistent with current style and "where" is replaced as it is not used to denote place. See
the next section of the this bill.
AB925, s. 127
6Section
127. 701.13 (5) (a) of the statutes is created to read:
AB925,59,87
701.13
(5) (a) In this subsection, "participate or intervene in any political
8campaign" includes the publishing or distributing of statements.
Note: See the previous section of this bill.
AB925, s. 128
9Section
128. 701.19 (4) (intro.) and (a) to (d) of the statutes are renumbered
10701.19 (4) (am) (intro.) and 1. to 4., and 701.19 (4) (am) 4., as renumbered, is amended
11to read:
AB925,59,1412
701.19
(4) (am) 4.
As to For the period of time for which the business may be
13conducted and
such any other conditions, restrictions, regulations, requirements
14and authorizations as the court orders.
Note: The subject matter of s. 701.19 (4) (e) does not correspond to, nor does it fit
grammatically within, the list of persons under s. 701.19 (4) (intro.), and accordingly the
provision is renumbered to separate par. (e) from that list. "As to" and "such" are replaced
to improve clarity.
AB925, s. 129
15Section
129. 701.19 (4) (e) of the statutes is amended to read:
AB925,59,1916
701.19
(4) (e) Nothing in this subsection shall be construed as requiring a
17trustee to liquidate a business, including a business operated as a closely held
18corporation, when
such action liquidating the business is not required by the
19creating instrument or other applicable law.
Note: Inserts specific reference to improve clarity and readability.
AB925, s. 130
1Section
130. 701.20 (4) (c) (intro.) of the statutes is amended to read:
AB925,60,42
701.20
(4) (c) (intro.) On termination of an income interest, the following
3amounts shall be classified as income and treated as if received prior to the
4termination
.:
Note: Inserts correct punctuation.
AB925, s. 131
5Section
131. 701.20 (4) (d) 2. of the statutes is amended to read:
AB925,60,96
701.20
(4) (d) 2.
Income Except for corporate distributions to stockholders,
7income in the form of periodic payments
(other than corporate distributions to
8stockholders), including interest, rent and annuities, shall be treated as accruing
9from day to day.
Note: Reorders text to eliminate the need for parentheses, consistent with current
style.
AB925, s. 132
10Section
132. 701.20 (5) (b) 1. of the statutes is renumbered 701.20 (5) (b) 1.
11(intro.) and amended to read:
AB925,60,1512
701.20
(5) (b) 1. (intro.) To legatees and devisees of specific property other than
13money, the income from the property bequeathed or devised to them less
any of the
14following recurrent and other ordinary expenses attributable to the specific
15property:
property
AB925,60,16
16a. Property taxes
(, excluding taxes prorated to the date of death
), interest (.
AB925,60,17
17b. Interest, excluding interest accrued to the date of death
), income.
AB925,60,20
18c. Income taxes
(, excluding taxes on income in respect of a decedent, capital
19gains and any other income taxes chargeable against principal
) which, that accrue
20during the period of administration
, ordinary.
AB925,60,22
21d. Ordinary repairs
, and other expenses of management and operation of the
22property.
Note: Subdivides provision in outline form, replaces parentheses, replaces
incorrectly used "which" and deletes comma for improved readability and conformity with
current style.
AB925, s. 133
1Section
133. 703.02 (15) of the statutes is amended to read:
AB925,61,52
703.02
(15) "Unit" means a part of a condominium intended for any type of
3independent use, including one or more cubicles of air at one or more levels of space
4or one or more rooms or enclosed spaces located on one or more floors
(, or parts
5thereof
), in a building. A unit may include 2 or more noncontiguous areas.
Note: Replaces parentheses consistent with current style.
AB925, s. 134
6Section
134. 704.29 (2) of the statutes is renumbered 704.29 (2) (a) and
7amended to read:
AB925,61,138
704.29
(2) (a) In
any claim against a tenant for rent and damages, or for either,
9the amount of recovery is reduced by the net rent obtainable by reasonable efforts
10to rerent the premises. Reasonable this subsection, "reasonable efforts
" mean those
11steps
which that the landlord would have taken to rent the premises if they had been
12vacated in due course, provided that
such those steps are in accordance with local
13rental practice for similar properties.
AB925,62,8
14(b) In any claim against a tenant for rent and damages, or for either, the amount
15of recovery is reduced by the net rent obtainable by reasonable efforts to rerent the
16premises. In the absence of proof that greater net rent is obtainable by reasonable
17efforts to rerent the premises, the tenant is credited with rent actually received
18under a rerental agreement minus expenses incurred as a reasonable incident of acts
19under sub. (4), including a fair proportion of any cost of remodeling or other capital
20improvements. In any case the landlord can recover, in addition to rent and other
21elements of damage, all reasonable expenses of listing and advertising incurred in
22rerenting and attempting to rerent
(, except as taken into account in computing the
1net rent under the preceding sentence
). If the landlord has used the premises as part
2of reasonable efforts to rerent, under sub. (4) (c), the tenant is credited with the
3reasonable value of the use of the premises, which is presumed to be equal to the rent
4recoverable from the defendant unless the landlord proves otherwise. If the landlord
5has other similar premises for rent and receives an offer from a prospective tenant
6not obtained by the defendant, it is reasonable for the landlord to rent the other
7premises for the landlord's own account in preference to those vacated by the
8defaulting tenant.
Note: Subdivides provision to properly locate a definition, replaces parentheses
and replaces improperly used "which" and disfavored term consistent with current style.
AB925, s. 135
9Section
135. 706.001 (title) of the statutes is created to read:
AB925,62,10
10706.001 (title)
Scope and construction.
Note: The nondefinition statutes in s. 706.01 are renumbered s. 706.001. The
definitions in s. 706.01 require a separate section, in accordance with current style.
AB925, s. 136
11Section
136. 706.01 (title) of the statutes is repealed.
Note: Section 706.01 contained nondefinitions and definitions. The nondefinitions
are being renumbered to s. 706.00l. The new title for 706.01 is created in the next section
of this bill.
AB925, s. 137
12Section
137. 706.01 (intro.) of the statutes is created to read:
AB925,62,13
13706.01 Definitions. (intro.) In this chapter:
Note: Creates an (intro.) that explicitly limits existing definitions to the chapter
in accordance with current style.
AB925, s. 138
14Section
138. 706.01 (1) to (3) of the statutes are renumbered 706.001 (1) to (3).
Note: Separates the nondefinitions in this section into a separate section in
accordance with current style by renumbering them into a new section.
AB925, s. 139
15Section
139. 706.01 (4) to (7m) (intro.) and (10) of the statutes are amended
16to read:
AB925,63,3
1706.01
(4) A "conveyance" is "Conveyance" means a written instrument,
2evidencing a transaction governed by this chapter,
which that satisfies the
3requirements of s. 706.02.
AB925,63,9
4(5) "Conveyance of mineral interests" means any transaction under
sub. s.
5706.001 (1) entered into for the purpose of determining the presence, location, quality
6or quantity of metalliferous minerals or for the purpose of mining, developing or
7extracting metalliferous minerals, or both. Any transaction under
sub. s. 706.001 (1)
8entered into by a mining company is rebuttably presumed to be a conveyance of
9mineral interests.
AB925,63,15
10(6) "Grantor" means the person from whom an interest in lands passes by
11conveyance
and includes, including, without limitation, lessors, vendors,
12mortgagors, optionors, releasors, assignors and trust settlors of interest in lands
.
13"Grantee", and "grantee" means the person to whom
such the interest
in land passes.
14Whenever consistent with the context, reference to the interest of a party includes
15the interest of the party's heirs, successors, personal representatives and assigns.
AB925,63,18
16(7) "Homestead", as used in this chapter, means the dwelling, and so much of
17the land surrounding it as is reasonably necessary for use of the dwelling as a home,
18but not less than one-fourth acre
(, if available
), and not exceeding 40 acres.
AB925,63,20
19(7m) (intro.) "Interest in minerals" means any fee simple interest in minerals
20beneath the surface of land
which that is:
AB925,63,23
21(10) "Signed" includes any handwritten signature or symbol on a conveyance
22intended by the person affixing or adopting the
same
signature or symbol to
23constitute an execution of the conveyance.
Note: Specific references are added, parentheses replaced and other modifications
made to improve readability and conformity with current style. Replaces improperly
used "which". Section 706.01 (1) is renumbered s. 706.001 (1) by this bill.
AB925, s. 140
1Section
140. 706.02 (1) (intro.) of the statutes is amended to read:
AB925,64,32
706.02
(1) (intro.) Transactions under s.
706.01 706.001 (1) shall not be valid
3unless evidenced by a conveyance
which that satisfies all of the following:
Note: Section 706.01 (1) is renumbered s. 706.001 (1) by this bill. Replaces
improperly used "which" and conforms to current style.
AB925, s. 141
4Section
141. 706.07 (5) (a) 1. and 3. of the statutes are amended to read:
AB925,64,55
706.07
(5) (a) 1. A judge, clerk, or deputy clerk of a court
;.
AB925,64,66
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.
AB925, s. 142
7Section
142. 706.08 (1) (a) of the statutes is amended to read:
AB925,64,128
706.08
(1) (a)
Every conveyance (except Except for patents issued by the United
9States or this state, or by the proper officers of either
) which, every conveyance that 10is not recorded as provided by law shall be void as against any subsequent purchaser
, 11in good faith and for a valuable consideration, of the same real estate or any portion
12thereof 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.
AB925, s. 143
13Section
143. 708.10 (1) (g) of the statutes is amended to read:
AB925,64,1714
708.10
(1) (g) "Transaction" means a transaction under s.
706.01 706.001 (1),
15including a refinancing of an existing indebtedness that is secured by a mortgage on
16real property, except that "transaction" does not include an open end credit plan as
17defined under
15 USC 1602 (i).
Note: Section 706.01 (1) is renumbered s. 706.001 (1) by this bill.
AB925, s. 144
18Section
144. 765.02 (2) of the statutes is amended to read:
AB925,65,919
765.02
(2) If a person is between the age of 16 and 18 years, a marriage license
20may be issued with the written consent of the person's parents, guardian, custodian
1under s. 767.23 (1) or 767.24, or parent having the actual care, custody and control
2of the person. The written consent must be given before the county clerk under oath,
3or certified in writing and verified by affidavit
(or affirmation
) before a notary public
4or other official authorized to take affidavits. The written consent shall be filed with
5the county clerk at the time of application for a marriage license. If there is no
6guardian, parent or custodian or if the custodian is an agency or department, the
7written consent may be given, after notice to any agency or department appointed
8as custodian and hearing proper cause shown, by the court having probate
9jurisdiction.
Note: Deletes unnecessary parentheses.
AB925, s. 145
10Section
145. 765.05 of the statutes is amended to read:
AB925,65,20
11765.05 Marriage license; by whom issued. No person may be joined in
12marriage within this state until a marriage license has been obtained for that
13purpose from the county clerk of the county in which one of the parties has resided
14for at least 30 days immediately prior to making application therefor. If both parties
15are nonresidents of the state, the marriage license may be obtained from the county
16clerk of the county where the marriage ceremony is to be performed. If one of the
17persons is a nonresident of the county where the marriage license is to issue, the
18nonresident's part of the application may be completed and sworn to
(or affirmed
) 19before the person authorized to accept
such marriage license applications in the
20county and state in which the nonresident resides.
Note: Deletes unnecessary parentheses and inserts specific reference.
AB925, s. 146
21Section
146. 765.09 (3) of the statutes is renumbered 765.09 (3) (a) and
22amended to read:
AB925,66,10
1765.09
(3) (a) Each
party
applicant for a marriage license shall present
2satisfactory, documentary proof of identification and residence and shall swear
( to 3or affirm
) to the application before the clerk who is to issue the marriage license or
4the person authorized to accept
such marriage license applications in the county and
5state where the party resides. The application shall contain the social security
6number of each party, as well as any other informational items that the department
7of health and family services directs. The portion of the marriage application form
8that is collected for statistical purposes only shall indicate that the address of the
9marriage license applicant may be provided by a county clerk to a law enforcement
10officer under the conditions specified under s. 765.20 (2).
AB925,66,20
11(b) Each applicant
for a marriage license under 30 years of age shall exhibit to
12the clerk a certified copy of a birth certificate, and
any applicants each applicant shall
13submit a copy of any
judgments judgment or
a death certificate affecting the
14applicant's marital status. If
such
any applicable birth certificate, death certificate
15or judgment is unobtainable, other satisfactory documentary proof of the requisite
16facts therein may be presented in lieu
thereof of the birth certificate, death certificate
17or judgment. Whenever the clerk is not satisfied with the documentary proof
18presented, he or she shall submit the
same, for an opinion as to the sufficiency of the
19proof, presented proof to a judge of a court of record in the county of application
for
20an 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.
AB925, s. 147
21Section
147. 765.16 (intro.) and (1) to (3) of the statutes are amended to read:
AB925,67,6
22765.16 Marriage contract, how made; officiating person. (intro.)
23Marriage may be validly solemnized and contracted in this state only after a
1marriage license has been issued therefor, and only
in the following manner: by the
2mutual declarations of the 2 parties to be joined in marriage
that they take each other
3as husband and wife, made before
a duly an authorized officiating person and in the
4presence of at least 2 competent adult witnesses other than
such the officiating
5person
, that they take each other as husband and wife. The following are
duly 6authorized to be officiating persons:
AB925,67,8
7(1) Any ordained member of the clergy of any religious denomination or society
8who continues to be
such an ordained member of the clergy
;.
AB925,67,12
9(2) Any licentiate of a denominational body or an appointee of any bishop
10serving as the regular member of the clergy of any church of the denomination to
11which the member of the clergy belongs, if not restrained from so doing by the
12discipline of the church or denomination
;.