SB539: Bill Text

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 Act 109 repealed s. 940.19 (3).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.

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

SB539, s. 127 Section 127. 645.62 (1) (a) 7. of the statutes is amended to read:

SB539,39,18 645.62 (1) (a) 7. In the case of any 3rd party 3rd-party claim based on a liability policy issued by the insurer, a conditional release of the insured pursuant to s. 645.64 (1).

Note: Corrects spelling.

SB539, s. 128 Section 128. 645.64 (title) and (1) of the statutes are amended to read:

SB539,40,5 645.64 (title) Special provisions for third party 3rd-party claims. (1) Third party's claim. Whenever any third 3rd party asserts a cause of action against an insured of an insurer in liquidation, the third 3rd party may file a claim with the liquidator. The filing of the claim shall release the insured's liability to the third 3rd party on that cause of action in the amount of the applicable policy limit, but the liquidator shall also insert in any form used for the filing of third party 3rd-party claims appropriate language to constitute such a release. The release shall be void if the insurance coverage is avoided by the liquidator.

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

SB539, s. 129 Section 129. 645.64 (4) of the statutes is amended to read:

SB539,40,14 645.64 (4) Multiple claims. If several claims founded upon one policy are filed, whether by third 3rd parties or as claims by the insured under this section, and the aggregate allowed amount of the claims to which the same limit of liability in the policy is applicable exceeds that limit, each claim as allowed shall be reduced in the same proportion so that the total equals the policy limit. Claims by the insured shall be evaluated as in sub. (3). If any insured's claim is subsequently reduced under sub. (3), the amount thus freed shall be apportioned ratably among the claims which that have been reduced under this subsection.

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

SB539, s. 130 Section 130. 645.68 (3) of the statutes is amended to read:

SB539,40,22 645.68 (3) Loss claims. All claims under policies for losses incurred, including third party 3rd-party claims and federal, state, and local government claims, except the first $200 of losses otherwise payable to any claimant under this subsection other than the federal government. All claims under life insurance and annuity policies, whether for death proceeds, annuity proceeds, or investment values, shall be treated as loss claims. Claims may not be cumulated by assignment to avoid application of the $200 deductible provision.

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

SB539, s. 131 Section 131. 645.72 (1) of the statutes is amended to read:

SB539,41,9 645.72 (1) Payments to creditors. Subject to ch. 646 and under the direction of the court, the liquidator shall pay dividends as promptly as possible to security funds under sub. (2) and to other creditors in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, including 3rd party 3rd-party claims. Distribution of assets in kind may be made at valuations set by agreement between the liquidator and the creditor and approved by the court.

Note: Corrects spelling.

SB539, s. 132 Section 132. 646.13 (1) (b) of the statutes is amended to read:

SB539,41,15 646.13 (1) (b) Stand in the position of the insurer in the investigation, compromise, settlement, denial, and payment of claims under s. 646.31 and the defense of 3rd party 3rd-party claims against insureds, subject to the limitations of s. 645.43. The fund shall consult and cooperate with the liquidator in carrying out these duties.

Note: Corrects spelling.

SB539, s. 133 Section 133. 646.31 (2) (d) of the statutes is amended to read:

SB539,41,19 646.31 (2) (d) Third party Third-party claimants. A claim under a liability or workers' compensation insurance policy, if either the insured or the 3rd party 3rd-party claimant was a resident of this state at the time of the insured event.

Note: Corrects spelling.

SB539, s. 134 Section 134. 646.35 (8) (d) (intro.) of the statutes is amended to read:

SB539,42,6 646.35 (8) (d) (intro.) If the fund transfers its obligations to another insurer and the fund and other insurer agree, unless the the fund has previously expressly determined in writing that it will not exercise an election under par. (b), the other insurer succeeds to the rights and obligations of the fund under pars. (b) and (c), regardless of whether the fund has exercised an election under par. (b). If the other insurer succeeds to the fund's rights and obligations under pars. (b) and (c):

Note: Deletes repeated word.

SB539, s. 135 Section 135. 700.215 (title) of the statutes is amended to read:

SB539,42,9 700.215 (title) Exception for equitable rights of cotenants and third 3rd persons.

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

SB539, s. 136 Section 136. 700.40 (4) (intro.) of the statutes is amended to read: