AB925: Bill Text

AB925,69,18 3. The names of the parties, the.

AB925,69,19 4. The amount of the judgment, if it is for money , the.

AB925,69,20 5. The amount due on the judgment, and the.

AB925,69,22 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.

AB925, s. 154 Section 154. 815.05 (1) of the statutes is renumbered 815.05 (1s) and amended to read:

AB925,70,8 815.05 (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.

AB925, s. 155 Section 155. 815.05 (2) to (8) of the statutes are amended to read:

AB925,70,13 815.05 (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.

AB925,70,17 (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.

AB925,71,2 (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.

AB925,71,6 (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.

AB925,71,16 (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

AB925,71,20 (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.

AB925,72,2 (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.

AB925,72,6 (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.

AB925, s. 156 Section 156. 815.13 (title) of the statutes is repealed.

AB925, s. 157 Section 157. 815.13 of the statutes is renumbered 815.05 (1g) (b) and amended to read:

AB925,72,15 815.05 (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.

AB925, s. 158 Section 158. 840.01 of the statutes is renumbered 840.01 (intro.) amended to read:

AB925,72,19 840.01 Definition of interest in real property. (intro.) As used in chs. 840 to 846 "interest:

AB925,73,8 (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.

AB925,73,10 (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.

AB925, s. 159 Section 159. 863.07 of the statutes is amended to read:

AB925,74,2 863.07 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.

AB925, s. 160 Section 160. 867.04 of the statutes is amended to read:

AB925,74,18 867.04 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.

AB925, s. 161 Section 161. 880.06 (2) of the statutes is amended to read:

AB925,75,8 880.06 (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.

AB925, s. 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:

AB925,75,12 880.08 (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:

AB925,75,13 1. To the The proposed ward's spouse ;.

AB925,75,14 2. To The proposed ward's parents ;.

AB925,75,16 3. To a A minor proposed ward over 14 years of age unless the minor appears at the hearing;.

AB925,75,18 4. To any Any other person, agency, institution, welfare department or other entity having the legal or actual custody of the minor.

Note: The subject matter of section 880.08 (3) (e) does not fit within the list under s. 880.08 (3) (intro.), nor does par. (e) fit grammatically within that list. The renumbering by this section separates par. (e) from the list.

AB925, s. 163 Section 163. 880.08 (3) (e) of the statutes is amended to read:

AB925,75,21 880.08 (3) (e) No notice under par. (am) need be given to parents whose rights have been judicially terminated.

Note: Inserts a specific cross-reference. See the previous section of this bill. The underscored language is inserted for clarity and conformity with current style.

AB925, s. 164 Section 164. 880.26 (1) and (2) of the statutes are amended to read:

AB925,76,3 880.26 (1) Guardianship of the person. A guardianship of the person shall terminate when any of the following occurs:

AB925,76,5 (a) When a A minor ward attains his or her majority, unless the minor is incompetent.

AB925,76,6 (b) When a A minor ward lawfully marries.

AB925,76,7 (c) When the The court adjudicates a former incompetent to be competent.

AB925,76,9 (2) Guardianship of the estate. A guardianship of the estate shall terminate when any of the following occurs:

AB925,76,10 (a) When a A minor ward attains his or her majority.

AB925,76,12 (b) When a A minor ward lawfully marries and the court approves such the termination.

AB925,76,14 (c) When the The court adjudicates a former incompetent or a spendthrift to be capable of handling his or her property.

AB925,76,16 (d) When a A ward dies (unless, except when the estate can be settled as provided by s. 880.28).

Note: Replaces parentheses and amends the (intro.) subsections and the subsequent paragraphs in conformity with current style.

AB925, s. 165 Section 165. 880.60 (2) of the statutes is amended to read:

AB925,77,2 880.60 (2) Administrator as party in interest. (a) The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding affecting in any manner the administration by the guardian of the estate of any present or former ward whose estate includes assets derived in whole or in part from benefits heretofore or hereafter paid by the U.S. department of veterans affairs.

AB925,77,7 (b) Not less than 15 days prior to a hearing in such matter a suit or proceeding described in par. (a), notice in writing of the time and place thereof of the hearing shall be given by mail (, unless notice is waived in writing), to the office of the U.S. department of veterans affairs having jurisdiction over the area in which any such the suit or any such proceeding is pending.

Note: Replaces parentheses, subdivides provision and inserts specific references for improved readability and conformity with current style.

AB925, s. 166 Section 166. 885.44 (12) of the statutes is renumbered 885.44 (12) (a) (intro.) and amended to read:

AB925,77,12 885.44 (12) (a) (intro.) The original videotape shall not be affected by any editing process. In its order for editing the court may: (a) order do any of the following:

AB925,77,15 1. Order the official to keep the original videotape intact and make an edited copy of the videotape which that deletes all references to objections and objectionable material; (b) order.

AB925,77,17 2. Order the person showing the original videotape at trial to suppress the objectionable audio portions of the videotape; or (c) order.

AB925,77,19 3. Order the person showing the original videotape at trial to suppress the objectionable audio and video portions of the videotape.

AB925,77,22 (b) If the court uses alternative (b) enters an order under par. (a) 2., it shall, in jury trials, instruct the jury to disregard the video portions of the presentation when the audio portion is suppressed.

AB925,78,3 (c) If the court uses alternative (c) enters an order under par. (a) 3., it shall, in jury trials, instruct the jury to disregard any deletions apparent in the playing of the videotape.

Note: Subdivides provision in outline form and amends the (intro.) paragraph and the subsequent subdivisions for improved readability and conformity with current style.

AB925, s. 167 Section 167. 891.23 of the statutes is renumbered 891.23 (1) and amended to read:

AB925,78,15 891.23 (1) Copies of the entries in the books of any life or mutual benefit insurance corporation or association engaged in doing business on the level premium or assessment plan, together with statements verified by the custodian of the books, showing the number of members insured in or belonging to the corporation or association, and the number of members in each class or grade thereof, and the aggregate amount which that would be due from them upon a single assessment, and that the copies are true and are taken from the regular books of the corporation or association used and kept for the transaction of its business, and that the books are now in his or her custody or under his or her control, shall be received in all proceedings as prima facie evidence of the entries or statements.

AB925,79,2 (2) No officer of any such corporation or association described in sub. (1) may be compelled (unless by special order of the court or officer before whom the action or proceeding is pending) to produce any books or records thereof of the corporation or association, except by special order of the court or officer before whom the action or proceeding is pending. Verified copies and statements shall be furnished to the attorney who reasonably requires them, at least 6 days before the time set for the trial or hearing of the action or proceeding, and the books and records shall be subject to the inspection of any interested party or his or her attorney to the extent prescribed by the court or officer.

Note: Subdivides long paragraph, inserts specific reference and cross-reference and relocates text to accommodate the removal of parentheses for improved readability and conformity with current style. Replaces "which" with "that" to correct grammar.

AB925, s. 168 Section 168. 893.17 (2) of the statutes is renumbered 893.17 (2) (intro.) and amended to read:

AB925,79,11 893.17 (2) (intro.) If Except as provided in sub. (2m), if a person entitled to commence any action for the recovery of real property or to make an entry or defense founded on the title to real property or to rents or services out of the same real property is, at the time such the title shall first descend or accrue, either: within under any of the following disabilities, the time during which the disability continues is not a part of the time limited by this chapter for the commencement of the action or the making of the entry or defense:

AB925,79,12 (a) The person is under the age of 18 years; or.

AB925,79,13 (b) The person is insane; or.

AB925,79,18 (c) The person is imprisoned on a criminal charge or in execution upon conviction of a criminal offense, for a term less than for life, the time during which such disability shall continue shall not be deemed any portion of the time in this chapter limited for the commencement of such action or the making of such entry or defense; but such.

AB925,79,23 (2m) An action under sub. (2) may be commenced or entry or defense made, after the time limited and within 5 years after the disability shall cease ceases or after the death of the person entitled, who shall die dies, if the person dies while under such the disability;, but such the action shall not be commenced or entry or defense made after that period.

Note: Subdivides provision in outline form and amends the (intro.) paragraph and the subsequent paragraphs for improved readability and conformity with current style and s. 893.18 (2), a similar and related provision.

AB925, s. 169 Section 169. 893.18 (2) (intro.) of the statutes is amended to read:

AB925,80,8 893.18 (2) (intro.) If a person entitled to bring an action mentioned in this chapter, Except as provided in sub. (2m), and except in actions for the recovery of a penalty or forfeiture or, actions against a sheriff or other officer for an escape, or actions for the recovery or possession of real property or the possession thereof is,, if a person entitled to bring an action mentioned in this chapter was at the time the cause of action accrued, either under any of the following disabilities, the time of the disability is not a part of the time limited for the commencement of the action:

Note: Moves text from s. 893.18 (2) (c) and amends provision in order to conform the style of this (intro.) subsection and the numbering of the subsection to current style. Changes "is" to "was" for internal agreement, using the past tense as this section applies only to actions accruing prior to 7-1-80. See the next section of this bill.

AB925, s. 170 Section 170. 893.18 (2) (a) to (c) of the statutes are amended to read:

AB925,80,11 893.18 (2) (a) Within The person is under the age of 18 years, except for actions against health care providers; or.

AB925,80,12 (b) Insane; The person is insane.

AB925,80,15 (c) Imprisoned The person is imprisoned on a criminal charge or in execution under sentence of a criminal court for a term less than life, the time of such disability is not a part of the time limited for the commencement of the action, except that the.

AB925,80,19 (2m) The period within which the an action must be brought cannot be extended under sub. (2) more than 5 years by any such disability, except infancy;, nor can it that period be so extended , in any case, longer than one year after the disability ceases.

Note: Separates language that does not fit within the subject matter of s. 893.18 (2) (c) into a separate sub. (2m) and amends pars. (a) to (c) in accordance with the treatment of s. 893.18 (2) (intro.) by the previous section of this bill.