SB539: Bill Text

SB539,31,9 192.71 Lands may be sold; proceedings if terms of grant not complied with. Any railroad corporation upon which any lands granted to this state shall have been conferred to aid in the construction of any railroad may sell, assign and transfer the lands so conferred upon it or any portion thereof to any other railroad corporation which shall by law have the right to construct a railroad along and upon the line or any portion of the line upon which such lands are applicable under the grant of this state, upon such terms and conditions as it shall fix; provided, that the corporation receiving such lands shall be bound to construct the part of the line of railroad, to aid in the construction of which the lands were granted to this state, to which the assigned lands are applicable according to the terms of the grant by congress, and to comply fully with all conditions and requirements contained in the act in and by which the state conferred said lands upon said corporation. The terms and conditions of every such transfer shall be embodied in an agreement in writing, which shall be recorded with the department of financial institutions; and provided further, that no such transfer or assignment shall be of any force or effect until two-thirds of the full-paid stockholders of the corporation making the same shall have assented in writing thereto and until such assent shall have been filed with the department of financial institutions. Whenever any grant of lands shall have been or shall hereafter be made to any corporation to aid in the construction of a railroad upon condition that such road or any portion thereof shall be completed within the period of time or times fixed or limited by the act or acts making such grant or grants or by any act or acts amendatory thereof, and such corporation shall have failed or shall hereafter fail to complete such railroad or any part or portions thereof within the time or times fixed or limited by such act or acts, it shall be the duty of the attorney general of the state to immediately institute, if the legislature shall not have revoked said grant, proceedings against such corporation in the supreme court of the state to ascertain judicially the facts in the premises, and if it shall appear that such corporation has failed to complete its railway or any portion thereof within the time limited by said act or acts, or has otherwise committed a breach of the condition or conditions upon which said grant was conferred upon it, or of the requirements of said act, judgment shall be entered in behalf of the state forfeiting, vacating and setting aside such grant or grants and annulling all rights and interest of such corporation in and to all lands granted to it and not fully earned and restoring such lands to the state, and such corporation shall thereafter be barred and foreclosed of all rights and interests in or to the lands so adjudged to be forfeited and restored to the state, and of all right to in any manner thereafter acquire the same.

Note: The first comma inserted reinserts a comma that was contained in this provision as created by Chapter 160, Laws of 1872, as codified as section 1858 in the Revised Statutes of 1878, and as amended by Chapter 266, Laws of 1882, but was dropped from section 1858 without legislative action in the Annotated Statutes of 1898. The second comma inserted reinserts a comma that was contained in Chapter 160, Laws of 1872, but was dropped from Chapter 266, Laws of 1882, without apparent reason.

SB539, s. 98 Section 98. 196.52 (9) (b) 8. a. of the statutes is amended to read:

SB539,31,15 196.52 (9) (b) 8. a. The public utility shall have the option, subject to commission approval, to extend the contract, or purchase the electric generating facility or the improvements to an electric generating facility, at fair market value as determined by a valuation process that is conducted by an independent third 3rd party and that is specified in the contract.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 99 Section 99. 223.05 (1) (b) of the statutes is amended to read:

SB539,32,2 223.05 (1) (b) Every security in which trust funds or property are invested shall immediately upon the receipt of the security by the bank, be transferred to the bank in its fiduciary capacity for the particular trust or fund by name and be entered in the proper records as belonging to the particular trust whose funds have been invested in the security. Any change in the investment of trust funds or property shall be fully specified in the account of the particular trust to which it belongs, so that all trust funds and property shall be readily identified at any time by any person.

Note: The stricken language was inserted by 2001 Wis. Act 102 without being underscored. The insertion was unintended.

SB539, s. 100 Section 100. 227.53 (1) (intro.) of the statutes is amended to read:

SB539,32,7 227.53 (1) (intro.) Except as otherwise specifically provided by law, any person aggrieved by a decision specified in s. 227.52 shall be entitled to judicial review of the decision as provided in this chapter and subject to the all of the following procedural requirements:

Note: Corrects error in 1999 Wis. Act 85.

SB539, s. 101 Section 101. 234.01 (4) (b) of the statutes is amended to read:

SB539,32,11 234.01 (4) (b) Legal, organizational and marketing expenses, including payment of attorneys' attorney fees, project manager and clerical staff salaries, office rent, and other incidental expenses;

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 102 Section 102. 254.345 of the statutes is repealed.

Note: By its terms, s. 254.345 has no application after December 31, 2002.

SB539, s. 103 Section 103. 281.36 (2) (b) 2. of the statutes is amended to read:

SB539,33,6 281.36 (2) (b) 2. For purposes of subd. 1., the department shall initially determine whether a complete application has been submitted and, no later than 30 days after the application is submitted, notify the applicant in writing about the initial determination of completeness. If the department determines that the application is incomplete, the notice shall state the reason for the determination and the specific items of information necessary to make the application complete. An applicant may supplement and resubmit an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may resubmit an application that the department has determined to be incomplete under this subdivision. The department may not demand items of information that are not specified in the notice as a condition for determining whether the application is complete unless both the department and the applicant agree or unless the applicant makes material additions or alterations to the project for which the the application has been submitted.

Note: Deletes repeated word.

SB539, s. 104 Section 104. 299.83 (5) (c) 1. b. of the statutes is amended to read:

SB539,33,10 299.83 (5) (c) 1. b. Determined by the department to be appropriate to the nature, scale, and environmental impacts of the applicant's operations related to to each covered facility or activity.

Note: Deletes repeated word.

SB539, s. 105 Section 105. 299.83 (6m) (d) 2. (intro.) of the statutes is amended to read:

SB539,33,14 299.83 (6m) (d) 2. (intro.) Notwithstanding subd. 1., this state may at any time begin a civil action to collect a forfeiture for a violation if any of the following apply applies:

Note: Corrects grammar.

SB539, s. 106 Section 106. 299.85 (7) (b) (intro.) of the statutes is amended to read:

SB539,33,18 299.85 (7) (b) (intro.) Notwithstanding par. (a), this state may at any time begin a civil action to collect a forfeiture not limited in amount under par. (a) 2. or 4. for a violation if any of the following apply applies:

Note: Corrects grammar.

SB539, s. 107 Section 107. 301.45 (1g) (intro.) of the statutes is amended to read:

SB539,33,22 301.45 (1g) Who is covered. (intro.) Except as provided in sub. subs. (1m) and (1p), a person shall comply with the reporting requirements under this section if he or she meets one or more of the following criteria:

Note: 2003 Wis. Act 50 created s. 301.45 (1p), "Exception to registration requirement; expungement of invasion of privacy adjudication or conviction," but the exception was not added as an exception to the general rule, stated in s. 301.45 (1g), in accordance with current drafting style.

SB539, s. 108 Section 108. 343.12 (7) (c) 6. of the statutes, as created by 2003 Wisconsin Act 280, is amended to read:

SB539,34,3 343.12 (7) (c) 6. Felony battery under s. 940.19 (2), (3), (4), (5), or (6).

Note: 2001 Wis. Act 109 repealed s. 940.19 (3).

SB539, s. 109 Section 109. 343.16 (1) (b) 3. (intro.) of the statutes is amended to read:

SB539,34,10 343.16 (1) (b) 3. (intro.) At least annually, the department shall conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for commercial driver licenses and with department standards for testing applicants for school bus endorsements. At least annually, the department shall also evaluate testing given by the 3rd-party 3rd party by one of the following means:

Note: Corrects spelling.

SB539, s. 110 Section 110. 346.70 (4) (i) 1. of the statutes is amended to read:

SB539,34,15 346.70 (4) (i) 1. As soon as practicable, contact the diplomatic security command center of the office of foreign missions, diplomatic motor vehicle office, within the the federal department of state, to verify the status and immunity, if any, of the driver claiming diplomatic immunity.

Note: Deletes repeated word.

SB539, s. 111 Section 111. 401.202 of the statutes is amended to read:

SB539,35,2 401.202 Prima facie evidence by third party 3rd-party documents. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third 3rd party shall be prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third 3rd party.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 112 Section 112. 402.107 (3) of the statutes is amended to read:

SB539,35,8 402.107 (3) The provisions of this section are subject to any third party 3rd-party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third 3rd parties of the buyer's rights under the contract for sale.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 113 Section 113. 402.305 (1) (c) of the statutes is amended to read:

SB539,35,12 402.305 (1) (c) The price is to be fixed in terms of some agreed market or other standard as set or recorded by a third 3rd person or agency and it is not so set or recorded.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 114 Section 114. 402.312 (2) and (3) of the statutes are amended to read:

SB539,35,18 402.312 (2) A warranty under sub. (1) will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or herself or that the person selling is purporting to sell only such right or title as the person selling or a third 3rd person may have.

SB539,36,2 (3) Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third 3rd person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 115 Section 115. 402.401 (intro.) of the statutes is amended to read:

SB539,36,9 402.401 Passing of title; reservation for security; limited application of this section. (intro.) Each provision of this chapter with regard to the rights, obligations, and remedies of the seller, the buyer, purchasers, or other third 3rd parties applies irrespective of title to the goods except where the provision refers to such title. Insofar as situations are not covered by the other provisions of this chapter and matters concerning title become material the following rules apply:

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 116 Section 116. 402.503 (4) (b) of the statutes is amended to read:

SB539,36,18 402.503 (4) (b) Tender to the buyer of a nonnegotiable document of title or of a written direction to the bailee to deliver is sufficient tender unless the buyer seasonably objects, and receipt by the bailee of notification of the buyer's rights fixes those rights as against the bailee and all third 3rd persons; but risk of loss of the goods and of any failure by the bailee to honor the nonnegotiable document of title or to obey the direction remains on the seller until the buyer has had a reasonable time to present the document or direction, and a refusal by the bailee to honor the document or to obey the direction defeats the tender.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 117 Section 117. 402.515 (2) of the statutes is amended to read:

SB539,36,22 402.515 (2) The parties may agree to a third 3rd party inspection or survey to determine the conformity or condition of the goods and may agree that the findings shall be binding upon them in any subsequent litigation or adjustment.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 118 Section 118. 402.722 (intro.) and (1) of the statutes are amended to read:

SB539,37,4 402.722 Who can sue third 3rd parties for injury to goods. (intro.) Where a third 3rd party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract:

SB539,37,9 (1) A right of action against the third 3rd party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other;

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 119 Section 119. 404.203 of the statutes is amended to read:

SB539,37,16 404.203 Effect of instructions. Subject to to s. 403.420 concerning conversion of instruments and to s. 403.206 concerning restrictive endorsements, only a collecting bank's transferor can give instructions that affect the bank or constitute notice to it and a collecting bank is not liable to prior parties for any action taken pursuant to the instructions or in accordance with any agreement with its transferor.

Note: Deletes repeated word.

SB539, s. 120 Section 120. 407.502 (2) of the statutes is amended to read:

SB539,38,2 407.502 (2) Subject to s. 407.503, title and rights so acquired are not defeated by any stoppage of the goods represented by the document or by surrender of such goods by the bailee, and are not impaired even though the negotiation or any prior negotiation constituted a breach of duty or even though any person has been deprived of possession of the document by misrepresentation, fraud, accident, mistake, duress, loss, theft or conversion, or even though a previous sale or other transfer of the goods or document has been made to a third 3rd person.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 121 Section 121. 551.23 (19) (c) 1. (intro.) of the statutes is amended to read:

SB539,38,8 551.23 (19) (c) 1. (intro.) Unless the cause for disqualification is waived under subd. 2., no exemption under par. (a) is available for the securities of an issuer unless the issuer did not know and in the exercise of reasonable care could not have known that any of the following apply applies to any of the persons described in 17 CFR 230.262 (a), (b), or (c):

Note: Corrects grammar.

SB539, s. 122 Section 122. 560.768 (3) (a) (intro.) of the statutes is amended to read:

SB539,38,11 560.768 (3) (a) (intro.) The department may reduce a limit established under sub. (1) or (2) if the department determines that any of the following apply applies:

Note: Corrects grammar.

SB539, s. 123 Section 123. 560.78 (2) (intro.) of the statutes is amended to read:

SB539,38,15 560.78 (2) (intro.) Subsection (1) does not apply if, after a hearing, the department, or the local governing body under sub. (3) (a), determines that any of the following apply applies:

Note: Corrects grammar.

SB539, s. 124 Section 124. 605.24 (3) (title) of the statutes is amended to read:

SB539,38,17 605.24 (3) (title) Right over against third 3rd persons.

Note: Makes spelling consistent with current style and the majority of statutes.

SB539, s. 125 Section 125. 645.41 (3) of the statutes is amended to read:

SB539,39,2 645.41 (3) That the insurer is engaging in a systematic practice of reaching settlements with and obtaining releases from policyholders or third party 3rd-party claimants and then unreasonably delaying payment of or failing to pay the agreed upon settlements;

Note: Corrects spelling and makes word form consistent with current style and the majority of statutes.

SB539, s. 126 Section 126. 645.54 (3) (b) of the statutes is amended to read:

SB539,39,14 645.54 (3) (b) When liens are superior. A lien obtainable by legal or equitable proceedings could become superior to the rights of a transferee, or a purchaser could obtain rights superior to the rights of a transferee within the meaning of sub. (2), if such consequences would follow only from the lien or purchase itself, or from the lien or purchase followed by any step wholly within the control of the respective lienholder or purchaser, with or without the aid of ministerial action by public officials. Such a lien could not, however, become superior and such a purchase could not create superior rights for the purpose of sub. (2) through any acts subsequent to the obtaining of such a lien or subsequent to such a purchase which require the agreement or concurrence of any third 3rd party or which require any further judicial action, or ruling.