SB558: Bill Text

SB558,23,17 340.01 (55g) "Salvage vehicle" means a vehicle less than 7 years old that is not precluded from subsequent registration and titling and which that is damaged by collision or other occurrence to the extent that the estimated or actual cost, whichever is greater, of repairing the vehicle exceeds 70% of its fair market value. The term does not include a hail-damaged vehicle unless the vehicle is repaired with any replacement part, as defined in s. 632.38 (1) (e).

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 62 Section 62. 341.26 (3m) of the statutes is amended to read:

SB558,24,14 341.26 (3m) Forest products vehicles. In recognition of the relationship of the basic economy of the state to the forest products industry, there shall be paid to the department for the annual registration of a road tractor, motor truck, or truck tractor used exclusively in connection with the transportation of raw forest products, as defined in s. 26.05 (1), or equipment that is owned or leased by the owner of the road tractor, motor truck, or truck tractor and used exclusively in the production of raw forest products, a fee determined in accordance with sub. (3) (g) on the basis of maximum gross weight, except that a trailer used exclusively in connection with the transportation of raw forest products or equipment that is owned or leased by the owner of the trailer and used exclusively in the production of raw forest products may be registered upon payment of a fee which that is 25% of the fee prescribed by s. 341.25 (2) for a motor truck having the same gross weight. The maximum gross weight of each vehicle registered under this subsection shall be computed in the manner specified in s. 341.25 for the same type of vehicle, except that a person who owns and operates more truck tractors than semitrailers registered by him or her within this state and used exclusively as provided in this subsection may register such an excess truck tractor at a fee specified under sub. (3) (g) determined on the basis of the weight of the truck tractor only.

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 63 Section 63. 341.266 (2) (a) of the statutes is amended to read:

SB558,24,22 341.266 (2) (a) Any person who is the owner of a special interest vehicle which that is 20 or more years old at the time of making application for registration or transfer of title of the vehicle and who, unless the owner is an historical society that is exempt from federal income taxes, owns, has registered in this state, and uses for regular transportation at least one vehicle that has regular registration plates may upon application register the vehicle as a special interest vehicle upon payment of a fee under par. (b).

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 64 Section 64. 341.268 (1) (b) 2. of the statutes is amended to read:

SB558,25,3 341.268 (1) (b) 2. A motorcycle that is a reproduction of a vehicle originally made by another manufacturer and which that consists of a reproduction body that is combined with a new, used, or replica frame and drivetrain.

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 65 Section 65. 341.268 (1) (e) of the statutes is amended to read:

SB558,25,8 341.268 (1) (e) "Replica vehicle" means a motor vehicle, other than a motorcycle, that is a reproduction of a vehicle originally made by another manufacturer and which that consists of a reproduction body that is combined with a new, used, or replica frame and drivetrain.

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 66 Section 66. 341.65 (1) (b) of the statutes is amended to read:

SB558,25,13 341.65 (1) (b) "Unregistered motor vehicle" means any motor vehicle that is not currently registered and which that is located upon a highway for such time and under such circumstances as to cause the motor vehicle to reasonably appear to have been unregistered for not less than 30 days.

Note: Replaces "which" with "that" to correct grammar.

SB558, s. 67 Section 67. 345.05 (1) (c) of the statutes is amended to read:

SB558,25,19 345.05 (1) (c) "Municipality" means any county, city, village, town, school district, sewer district (as enumerated in s. 67.01 (5)), sewer district, drainage district, commission formed by a contract under s. 66.0301 (2), and, without restriction because of failure of enumeration, any other political subdivision of the state.

Note: The phrase "(as enumerated in s. 67.01 (5))" was erroneously deleted by 1999 Wis. Act 85, a nonsubstantive revisor's revision bill, then reinserted by 2001 Wis. Act 30 in the wrong location, also a revisor's bill. Parentheses are deleted in conformity with current style.

SB558, s. 68 Section 68. 346.82 (1) of the statutes is amended to read:

SB558,26,3 346.82 (1) Any person violating ss. 346.77, 346.79 (1) to (3), or 346.80 to 346.805 may be required to forfeit not more than $20. (1) Any person violating ss. 346.77, 346.79 (1) to (3) or 346.80 to 346.804 may be required to forfeit not more than $20.

Note: 2001 Wis. Act 90 amended s. 346.82 (1). As the result of an error in transcribing Act 90, the previously existing version of s. 346.82 (1) was retained in the printed text along with the current text.

SB558, s. 69 Section 69. 350.12 (3) (cm) of the statutes is amended to read:

SB558,26,7 350.12 (3) (cm) Subsection (3h) does not not apply to commercial snowmobile certificates, reflectorized plates, or registration certificates issued for antique snowmobiles under par. (b).

Note: Deletes repeated word.

SB558, s. 70 Section 70. 409.102 (1) (ns) of the statutes is amended to read:

SB558,26,11 409.102 (1) (ns) "New debtor" means a person that becomes bound as a debtor under s. 409.203 (4) by a security agreement previously entered into by another person.

Note: Inserts missing article.

SB558, s. 71 Section 71. 409.102 (1) (os) of the statutes is amended to read:

SB558,26,15 409.102 (1) (os) "Original debtor", ," except as used in s. 409.310 (3), means a person that, as a debtor, entered into a security agreement to which a new debtor has become bound under s. 409.203 (4).

Note: Inserts missing article and corrects punctuation to conform with current style.

SB558, s. 72 Section 72. 410.106 (1) of the statutes is amended to read:

SB558,27,9 410.106 (1) The time of receipt of a payment order or communication canceling or amending a payment order is determined by the rules applicable to receipt of a notice stated in s. 401.201 (26) (b). A receiving bank may fix a cut-off cutoff time or times on a funds-transfer business day for the receipt and processing of payment orders and communications canceling or amending payment orders. Different cut-off cutoff times may apply to payment orders, cancellations, or amendments, or to different categories of payment orders, cancellations, or amendments. A cut-off cutoff time may apply to senders generally or different cut-off cutoff times may apply to different senders or categories of payment orders. If a payment order or communication canceling or amending a payment order is received after the close of a funds-transfer business day or after the appropriate cut-off cutoff time on a funds-transfer business day, the receiving bank may treat the payment order or communication as received at the opening of the next funds-transfer business day.

Note: Corrects spelling.

SB558, s. 73 Section 73. 441.001 (2m) (title) of the statutes is created to read:

SB558,27,11 441.001 (2m) (title) Nursing.

Note: The other subsections in s. 441.001 have titles.

SB558, s. 74 Section 74. 441.15 (2) (c) of the statutes is amended to read:

SB558,27,15 441.15 (2) (c) Except as provided in sub. (5) (a), the person has in effect the malpractice liability insurance required under the rules promulgated under sub. (5) (b) (bm).

Note: Inserts correct cross-reference. There is no s. 441.15 (5) (b). Section 441.15 (5) (bm) authorizes the promulgation of rules.

SB558, s. 75 Section 75. 441.15 (3) (a) 3. of the statutes is amended to read:

SB558,27,19 441.15 (3) (a) 3. If applicable, submits evidence satisfactory to the board that he or she has in effect the malpractice liability insurance required under the rules promulgated under sub. (5) (b) (bm).

Note: Inserts correct cross-reference. There is no s. 441.15 (5) (b). Section 441.15 (5) (bm) authorizes the promulgation of rules.

SB558, s. 76 Section 76. 441.15 (3) (b) of the statutes is amended to read:

SB558,28,7 441.15 (3) (b) On or before the applicable renewal date specified under s. 440.08 (2) (a), a person issued a license under par. (a) and practicing nurse-midwifery shall submit to the board on furnished forms a statement giving his or her name, residence, and other information that the board requires by rule, with the applicable renewal fee specified under s. 440.08 (2) (a). If applicable, the person shall also submit evidence satisfactory to the board that he or she has in effect the malpractice liability insurance required under the rules promulgated under sub. (5) (b) (bm).

Note: Inserts correct cross-reference. There is no s. 441.15 (5) (b). Section 441.15 (5) (bm) authorizes the promulgation of rules.

SB558, s. 77 Section 77. The second 441.50 (7) (e) of the statutes created by 1999 Wisconsin Act 22 is renumbered 441.50 (7) (g).

Note: Confirms the renumbering by the revisor under s. 13.93 (1) (b). 1999 Wis. Act 22 created two provisions numbered s. 441.50 (7) (e).

SB558, s. 78 Section 78. The treatment of 551.02 (3) (d) of the statutes by 2001 Wisconsin Act 102 is not repealed by 2001 Wisconsin Act 103. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 551.02 (3) (d) reads:

(d) A personal representative, guardian, conservator, or pledgee.

SB558, s. 79 Section 79. 611.72 (1) of the statutes is amended to read:

SB558,28,17 611.72 (1) General. Subject to this section, ss. 180.1101, 180.1103 to 180.1107 180.1106, 180.1706, 180.1707, and 180.1708 (5) apply to the merger of a domestic stock insurance corporation or its parent insurance holding corporation, except that papers required by those sections to be filed with the department of financial institutions shall instead be filed with the commissioner.

Note: 2001 Wis. Act 44 repealed s. 180.1107.

SB558, s. 80 Section 80. 813.12 (2) (a) of the statutes, as affected by 2001 Wisconsin Acts 16 and 109, is amended to read:

SB558,29,17 813.12 (2) (a) No action under this section may be commenced by complaint and summons. An action under this section may be commenced only by a petition described under sub. (5) (a). The action commences with service of the petition upon the respondent if a copy of the petition is filed before service or promptly after service. If the judge or a circuit court commissioner extends the time for a hearing under sub. (3) (c) and the petitioner files an affidavit with the court stating that personal service by the sheriff or a private server under s. 801.11 (1) (a) or (b) was unsuccessful because the respondent is avoiding service by concealment or otherwise, the judge or family circuit court commissioner shall inform the petitioner that he or she may serve the respondent by publication of a summary of the petition as a class 1 notice, under ch. 985, and by mailing or sending a facsimile if the respondent's post-office address or facsimile number is known or can with due diligence be ascertained. The mailing or sending of a facsimile may be omitted if the post-office address or facsimile number cannot be ascertained with due diligence. A summary of the petition published as a class 1 notice shall include the name of the respondent and of the petitioner, notice of the temporary restraining order, and notice of the date, time, and place of the hearing regarding the injunction.

Note: 2001 Wis. Act 61 replaced "family court commissioner" with "circuit court commissioner" throughout the statutes.

SB558, s. 81 Section 81. The treatment of 813.12 (3) (a) (intro.) of the statutes by 2001 Wisconsin Act 61 is not repealed by 2001 Wisconsin Act 109. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 813.12 (3) (a) (intro.) reads:

(a) (intro.) A judge or circuit court commissioner shall issue a temporary restraining order ordering the respondent to refrain from committing acts of domestic abuse against the petitioner, to avoid the petitioner's residence, except as provided in par. (am), or any other location temporarily occupied by the petitioner or both, or to avoid contacting or causing any person other than a party's attorney or a law enforcement officer to contact the petitioner unless the petitioner consents in writing, or any combination of these remedies requested in the petition, or any other appropriate remedy not inconsistent with the remedies requested in the petition, if all of the following occur:

SB558, s. 82 Section 82. The treatment of 813.12 (3) (a) 2. of the statutes by 2001 Wisconsin Act 61, section 263, and 2001 Wisconsin Act 109, section 519mo, is not repealed by 2001 Wisconsin Act 109. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 813.12 (3) (a) 2. reads:

2. The judge or circuit court commissioner finds reasonable grounds to believe that the respondent has engaged in, or based on prior conduct of the petitioner and the respondent may engage in, domestic abuse of the petitioner.

SB558, s. 83 Section 83. 813.12 (3) (aj) of the statutes, as affected by 2001 Wisconsin Act 61, section 263, and 2001 Wisconsin Act 109, section 519mo is amended to read:

SB558,30,15 813.12 (3) (aj) In determining whether to issue a temporary restraining order, the judge or circuit court commissioner shall consider the potential danger posed to the petitioner and the pattern of abusive conduct of the respondent but may not base his or her decision solely on the length of time since the last domestic abuse or the length of time since the relationship ended. The judge or circuit court commissioner may grant only the remedies requested or approved by the petitioner. The judge or family circuit court commissioner may not dismiss or deny granting a temporary restraining order because of the existence of a pending action or of any other court order that bars contact between the parties, nor due to the necessity of verifying the terms of an existing court order.

Note: 2001 Wis. Act 61 replaced "family court commissioner" with "circuit court commissioner" throughout the statutes.

SB558, s. 84 Section 84. The treatment of 813.12 (3) (c) of the statutes by 2001 Wisconsin Act 61 is not repealed by 2001 Wisconsin Act 109. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 813.12 (3) (c) reads:

(c) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under sub. (4). The temporary restraining order is not voided if the respondent is admitted into a dwelling that the order directs him or her to avoid. A judge or circuit court commissioner shall hold a hearing on issuance of an injunction within 14 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties or extended once for 14 days upon a finding that the respondent has not been served with a copy of the temporary restraining order although the petitioner has exercised due diligence.

SB558, s. 85 Section 85. The treatment of 813.12 (4) (a) (intro.) of the statutes by 2001 Wisconsin Act 61 is not repealed by 2001 Wisconsin Act 109. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 813.12 (4) (a) (intro.) reads:

(a) (intro.) A judge or circuit court commissioner may grant an injunction ordering the respondent to refrain from committing acts of domestic abuse against the petitioner, to avoid the petitioner's residence, except as provided in par. (am), or any other location temporarily occupied by the petitioner or both, or to avoid contacting or causing any person other than a party's attorney or a law enforcement officer to contact the petitioner unless the petitioner consents to that contact in writing, or any combination of these remedies requested in the petition, or any other appropriate remedy not inconsistent with the remedies requested in the petition, if all of the following occur:

SB558, s. 86 Section 86. The treatment of 813.12 (4) (a) 3. of the statutes by 2001 Wisconsin Act 61 is not repealed by 2001 Wisconsin Act 109. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 813.12 (4) (a) 3. reads:

3. After hearing, the judge or circuit court commissioner finds reasonable grounds to believe that the respondent has engaged in, or based upon prior conduct of the petitioner and the respondent may engage in, domestic abuse of the petitioner.

SB558, s. 87 Section 87. 813.12 (4) (aj) of the statutes, as affected by 2001 Wisconsin Act 61, section 268, and 2001 Wisconsin Act 109, section 519ms, is amended to read:

SB558,32,2 813.12 (4) (aj) In determining whether to issue an injunction, the judge or circuit court commissioner shall consider the potential danger posed to the petitioner and the pattern of abusive conduct of the respondent but may not base his or her decision solely on the length of time since the last domestic abuse or the length of time since the relationship ended. The judge or circuit court commissioner may grant only the remedies requested by the petitioner. The judge or family circuit court commissioner may not dismiss or deny granting an injunction because of the existence of a pending action or of any other court order that bars contact between the parties, nor due to the necessity of verifying the terms of an existing court order.

Note: 2001 Wis. Act 61 replaced "family court commissioner" with "circuit court commissioner" throughout the statutes.

SB558, s. 88 Section 88. 813.125 (4) (a) (intro.) of the statutes is amended to read:

SB558,32,9 813.125 (4) (a) (intro.) A judge or circuit court commissioner may issue a temporary restraining order grant an injunction ordering the respondent to cease or avoid the harassment of another person, to avoid the petitioner's residence, except as provided in par. (am), or any premises temporarily occupied by the petitioner or both, or any combination of these remedies requested in the petition, if all of the following occur:

Note: Corrects an error in transcribing 2001 Wis. Act 16.

SB558, s. 89 Section 89. 938.34 (3) (b) of the statutes is amended to read:

SB558,32,19 938.34 (3) (b) The home of a person who is not required to be licensed if placement is for less than 30 days, except that the court may not designate the name home of a person who is not required to be licensed as the juvenile's placement if the person has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside, or vacated, unless the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The court shall consider the wishes of the juvenile in making that determination.

Note: Replaces incorrect word inserted by 1999 Wis. Act 9, consistent with s. 938.34 (3) (a) and the parallel provisions in s. 48.345 (3) (a) and (b).

SB558, s. 90 Section 90. 938.38 (5m) (b) of the statutes is amended to read:

SB558,33,7 938.38 (5m) (b) Not less than 30 days before the date of the hearing, the court shall notify the juvenile; the juvenile's parent, guardian, and legal custodian; the juvenile's foster parent or treatment foster parent, the operator of the facility in which the juvenile is living, or the relative with whom the juvenile is living; the juvenile's counsel, and the juvenile's guardian ad litem; or the relative with whom the juvenile is living; the agency that prepared the permanency plan; and the person representing the interests of the public of the date, time, and place of the hearing.

Note: Moves text incorrectly placed in 2001 Wis. Act 109, consistent with the parallel provision in s. 48.38 (5m) (b), as created by section 102rm of Act 109.

SB558, s. 91 Section 91. The treatment of 938.78 (3) of the statutes by 2001 Wisconsin Act 59 is not repealed by 2001 Wisconsin Act 109. Both treatments stand.