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136. 706.01 (title) of the statutes is repealed.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
;.
AB925,67,16
13(3) The 2 parties themselves, by
such mutual declarations
that they take each
14other as husband and wife, in accordance with the customs, rules and regulations of
15any religious society, denomination or sect to which either of
said the parties may
16belong
;.
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.
AB925, s. 148
17Section
148. 799.14 (1) of the statutes is amended to read:
AB925,68,1018
799.14
(1) Petition; hearing; trial on merits. In any action, where service of
19summons is made by mailing, a defendant, at any time within 15 days of receiving
20actual knowledge of the pendency of the action or of the entry of judgment against
21the defendant
(, if judgment has been entered
), but not more than one year after
22judgment was entered, may, by written verified petition, on forms provided by the
23court, petition to set aside the judgment if one has been entered and for an
1opportunity to be heard upon the merits. Thereupon the court shall set the matter
2for hearing at a time that will give the parties reasonable opportunity to appear and,
3if judgment has been entered, shall stay all proceedings on the judgment. At the time
4of the hearing the questions raised by the petition shall first be heard and
5determined by the court. If the court grants the petition, the court shall proceed to
6try the matter upon the merits or, if judgment has been entered, shall vacate the
7judgment and proceed to try the matter upon the merits. If the court denies the
8petition, it shall, if judgment has been entered, revoke its order staying proceedings
9thereon or, if a judgment has not been entered, it may give the defendant opportunity
10to be heard upon the merits.
Note: Replaces parentheses consistent with current style.
AB925, s. 149
11Section
149. 805.07 (6) (title) of the statutes is created to read:
AB925,68,1212
805.07
(6) (title)
Motion hearing procedure.
Note: The other subsections in s. 805.07 have titles.
AB925, s. 150
13Section
150. 807.13 (4) (title) of the statutes is amended to read:
AB925,68,1514
807.13
(4) (title)
Notice; reporting;
stipulation; waivers; etc. effect of
15actions taken; access.
Note: Inserts more descriptive phrase to eliminate the use of "etc.".
AB925, s. 151
16Section
151. 809.25 (1) (a) 1. to 3. of the statutes are amended to read:
AB925,68,1817
809.25
(1) (a) 1. Against the appellant before the court of appeals when the
18appeal is dismissed or the judgment or order affirmed
;
.
AB925,68,2019
2. Against the respondent before the court of appeals when the judgment or
20order is reversed
;.
AB925,68,2221
3. Against the petitioner before the supreme court when the judgment of the
22court of appeals is affirmed by the supreme court
;.
Note: Replaces punctuation for internal consistency and conformity with current
style.
AB925, s. 152
1Section
152. 814.28 (4) of the statutes is amended to read:
AB925,69,52
814.28
(4) Deposit in lieu of undertaking. The plaintiffs in lieu of
such an 3undertaking
under sub. (3) may deposit with the clerk of the court
(, who shall give
4a receipt therefor
), money equal to the amount specified in the order for security, and
5give notice of
such the deposit.
Note: Replaces parentheses and "such" for improved readability and conformity
with current style.
AB925, s. 153
6Section
153. 815.05 (intro.) of the statutes is renumbered 815.05 (1g) (a)
7(intro.) and amended to read:
AB925,69,148
815.05
(1g) (a) (intro.) The execution shall be issued from and sealed with the
9seal of the court and signed by the clerk of circuit court where the judgment,
or a
10certified copy of the judgment, or the transcript of the municipal judge's judgment
11is filed. The execution shall be directed to the sheriff, or,
except as provided for in
12par. (b), the coroner if the sheriff is a party or interested, and countersigned by the
13judgment owner or
his or her the owner's attorney. The execution shall intelligibly
14refer to the judgment, stating
all of the
following:
AB925,69,15
151. The court
, the.
AB925,69,17
162. The county where the judgment or a certified copy of the judgment or the
17transcript is filed
, the.
AB925,69,18
183. The names of the parties
, the.
AB925,69,19
194. The amount of the judgment, if it is for money
, the.
AB925,69,20
205. The amount due on the judgment
, and the.
AB925,69,22
216. The time of entry in the judgment and lien docket in the county to which the
22execution 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.
AB925, s. 154
1Section
154. 815.05 (1) of the statutes is renumbered 815.05 (1s) and amended
2to read:
AB925,70,83
815.05
(1s) If
it be the execution is against the property of the judgment debtor,
4the execution shall require the officer to whom it is directed to satisfy the judgment
5out of the personal property of the debtor, and if sufficient personal property cannot
6be found, out of the real property belonging to the judgment debtor on the day when
7the judgment was entered in the judgment and lien docket in the county or at any
8time 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.
AB925, s. 155
9Section
155. 815.05 (2) to (8) of the statutes are amended to read:
AB925,70,1310
815.05
(2) If real estate
shall have
has been attached and judgment rendered
11for the plaintiff, the execution may also direct a sale of the interest
which that the
12defendant had in
such the attached real estate at the time it was attached or at any
13time thereafter.
AB925,70,17
14(3) If
the execution is upon a judgment to enforce a lien upon specific property,
15the execution shall require the officer to whom it is directed to sell the interest
which 16that the defendant had in
such that specific property at the time
such that the lien
17attached.
AB925,71,2
18(4) If
it be the execution is against property in the hands of personal
19representatives, heirs, devisees, legatees, tenants of real property or trustees,
the
1execution shall require the officer to whom it is directed to satisfy the judgment out
2of
such that property.
AB925,71,6
3(5) If
it be the execution is against the person of the judgment debtor,
the
4execution shall require the officer to whom it is directed to arrest the judgment
5debtor and commit the judgment debtor to the county jail until the judgment debtor
6shall pay pays the judgment or
be is discharged according to law.
AB925,71,16
7(6) If
it the execution is for the delivery of property,
the execution shall require
8the officer to whom it is directed to deliver the possession of the property, particularly
9describing the property, to the party entitled to the property, and may require the
10officer to satisfy any costs, damages or rents and profits covered by the judgment out
11of the personal property of the party against whom the judgment was rendered, and
12shall specify the value of the property for which the judgment was recovered. If
13delivery of the property is not possible and if sufficient personal property cannot be
14found, the officer may satisfy the judgment out of the real property belonging to the
15person against whom the execution was rendered on the day when the judgment was
16entered in the judgment and lien docket or at any time thereafter.
When
AB925,71,20
17(6m) If a judgment in replevin is entered against the principal and also against
18the principal's sureties under s. 810.15, the execution shall direct that the property
19of the surety shall not be levied on unless the property found, belonging to the
20principal, is not sufficient to satisfy the judgment.
AB925,72,2
21(7) When If the judgment is not all due
, the execution may issue for the
22collection of
such any instalments
as that have become due, and shall direct the
23sheriff to collect the amount then due, with interest and costs, stating the amount
24of each
; the. The judgment shall remain as security for the instalments thereafter
1to become due
, and whenever any further instalments
shall become due
, execution
2may in like manner be issued for their collection.
AB925,72,6
3(8) Except as provided in s. 807.01 (4), every execution upon a judgment for the
4recovery of money shall direct the collection of interest at the rate of 12% per year
5on the amount recovered from the date of the entry
thereof of the judgment until
it
6is 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.
AB925, s. 156
7Section
156. 815.13 (title) of the statutes is repealed.
AB925, s. 157
8Section
157. 815.13 of the statutes is renumbered 815.05 (1g) (b) and amended
9to read:
AB925,72,1510
815.05
(1g) (b) Whenever a judgment
shall be is recovered in any court of record
11against the sheriff
instead of directing, the execution thereon
to the coroner of the
12county it may be directed and delivered to any person
(
, except a party in interest
), 13designated by order of the court
; and such person
who shall perform the duties of a
14sheriff and be liable in all respects to all the provisions of law respecting sheriffs
, as
15far 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.