SB539: Bill Text

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:

SB539,42,12 700.40 (4) Validity of conservation easement. (intro.) A conservation easement is valid even though any of the following apply applies:

Note: Corrects grammar.

SB539, s. 137 Section 137. 701.19 (11) of the statutes is amended to read:

SB539,43,2 701.19 (11) Protection of third 3rd parties. With respect to a third 3rd person dealing with a trustee or assisting a trustee in the conduct of a transaction, the existence of trust power and its proper exercise by the trustee may be assumed without inquiry. The third 3rd person is not bound to inquire whether the trustee has power to act or is properly exercising the power; and a third 3rd person, without actual knowledge that the trustee is exceeding the trustee's powers or improperly exercising them, is fully protected in dealing with the trustee as if the trustee possessed and properly exercised the powers the trustee purports to exercise. A third 3rd person is not bound to assure the proper application of trust property paid or delivered to the trustee.

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

SB539, s. 138 Section 138. 702.05 (3) (title) of the statutes is amended to read:

SB539,43,4 702.05 (3) (title) Consent of third 3rd persons.

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

SB539, s. 139 Section 139. 704.05 (5) (c) (title) of the statutes is amended to read:

SB539,43,6 704.05 (5) (c) (title) Rights of third 3rd persons.

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

SB539, s. 140 Section 140. 767.25 (4m) (e) 1. of the statutes is amended to read:

SB539,43,14 767.25 (4m) (e) 1. If a parent who has been ordered by a court to provide coverage of the health care expenses of a child who is eligible for medical assistance under subch. IV of ch. 49 receives payment from a 3rd party for the cost of services provided to the child but does not pay the health care provider for the services or reimburse the department or any other person who paid for the services on behalf of the child, the department may obtain a judgment against the parent for the amount of the 3rd party 3rd-party payment.

Note: Corrects spelling.

SB539, s. 141 Section 141. 778.30 (2) (a) 1. of the statutes is amended to read:

SB539,44,6 778.30 (2) (a) 1. Upon entry of the assignment under sub. (1) (b), unless the court finds that income withholding is likely to cause the defendant irreparable harm, the clerk of circuit court shall provide notice of the assignment by regular mail to the last-known address of the person from whom the defendant receives or will receive money. If the clerk of circuit court does not receive the money from the person notified, the the clerk of circuit court shall provide notice of the assignment to any other person from whom the defendant receives or will receive money. Notice of an assignment under sub. (1) (b) shall inform the intended recipient that, if a prior assignment under sub. (1) (b) has been received relating to the same defendant, the recipient is required to notify the clerk of circuit court that sent the subsequent notice of assignment that another assignment has already been received. A notice of assignment shall include a form permitting the recipient to designate on the form that another assignment has already been received.

Note: Deletes repeated word.

SB539, s. 142 Section 142. 802.01 (1) of the statutes is amended to read:

SB539,44,13 802.01 (1) Pleadings. There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party 3rd-party complaint, if a person who was not an original party is summoned under s. 803.05, and a third-party 3rd-party answer, if a third-party 3rd-party complaint is served. No other pleading shall be allowed, except that the court may order a further pleading to a reply or to any answer.

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

SB539, s. 143 Section 143. 802.05 (3) (b) (intro.) of the statutes, as affected by Supreme Court Order 03-06, is amended to read:

SB539,44,23 802.05 (3) (b) Nature of sanction; limitations. (intro.) A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subds. 1. and 2., the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys' attorney fees and other expenses incurred as a direct result of the violation subject to all of the following:

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

SB539, s. 144 Section 144. 802.08 (1) of the statutes is amended to read:

SB539,45,6 802.08 (1) Availability. A party may, within 8 months of the filing of a summons and complaint or within the time set in a scheduling order under s. 802.10, move for summary judgment on any claim, counterclaim, cross-claim, or 3rd party 3rd-party claim which is asserted by or against the party. Amendment of pleadings is allowed as in cases where objection or defense is made by motion to dismiss.

Note: Corrects spelling.

SB539, s. 145 Section 145. 803.02 (1) of the statutes is amended to read:

SB539,45,11 803.02 (1) A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or 3rd party 3rd-party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable, as the party has against an opposing party.

Note: Corrects spelling.

SB539, s. 146 Section 146. 803.03 (2) (b) 3. of the statutes is amended to read:

SB539,45,21 803.03 (2) (b) 3. Except as provided in par. (bm), if the party joined chooses to have his or her interest represented by the party who caused the joinder, the party joined shall sign a written waiver of the right to participate that shall express consent to be bound by the judgment in the action. The waiver shall become binding when filed with the court, but a party may withdraw the waiver upon timely motion to the judge to whom the case has been assigned with notice to the other parties. A party who represents the interest of another party and who obtains a judgment favorable to the other party may be awarded reasonable attorneys attorney fees by the court.

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

SB539, s. 147 Section 147. 803.05 (1) of the statutes is amended to read:

SB539,46,24 803.05 (1) At any time after commencement of the action, a defending party, as a third-party 3rd-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to the defending party for all or part of the plaintiff's claim against the defending party, or who is a necessary party under s. 803.03. The third-party 3rd-party plaintiff need not obtain leave to implead if he or she serves the third-party 3rd-party summons and third-party 3rd-party complaint not later than 6 months after the summons and complaint are filed or the time set in a scheduling order under s. 802.10; thereafter, the third-party 3rd-party plaintiff must obtain leave on motion upon notice to all parties to the action. The person served with the summons and third-party 3rd-party complaint, hereinafter called the third-party 3rd-party defendant, shall make defenses to the third-party 3rd-party plaintiff's claim as provided in s. 802.06 and counterclaims against the third-party 3rd-party plaintiff and cross-claims against any other defendant as provided in s. 802.07. The third-party 3rd-party defendant may assert against the plaintiff any defenses which the third-party 3rd-party plaintiff has to the plaintiff's claim. The third-party 3rd-party defendant may also assert any claim against the plaintiff if the claim is based upon the same transaction, occurrence or series of transactions or occurrences as is the plaintiff's claim against the third-party 3rd-party plaintiff. The plaintiff may assert any claim against the third-party 3rd-party defendant if the claim is based upon the same transaction, occurrence or series of transactions or occurrences as is the plaintiff's claim against the third-party 3rd-party plaintiff, and the third-party 3rd-party defendant thereupon shall assert defenses as provided in s. 802.06 and counterclaims and cross-claims as provided in s. 802.07.

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

SB539, s. 148 Section 148. 804.05 (3) (b) 5. of the statutes is amended to read:

SB539,47,8 804.05 (3) (b) 5. In this subsection, the terms "defendant" and "plaintiff" include officers, directors, and managing agents of corporate defendants and corporate plaintiffs, or other persons designated under sub. (2) (e), as appropriate. A defendant who asserts a counterclaim or a cross-claim shall not be considered a plaintiff within the meaning of this subsection, but a 3rd party 3rd-party plaintiff under s. 803.05 (1) shall be so considered with respect to the 3rd party 3rd-party defendant.

Note: Corrects spelling.

SB539, s. 149 Section 149. 805.04 (3) of the statutes is amended to read:

SB539,47,14 805.04 (3) Counterclaim, cross-claim , and 3rd party 3rd-party claim. This section applies to the voluntary dismissal of any counterclaim, cross-claim, or 3rd party 3rd-party claim. A voluntary dismissal by the claimant alone shall be made before a responsive pleading is served, or if there is none, before the introduction of evidence at the trial or hearing.

Note: Corrects spelling.

SB539, s. 150 Section 150. 805.05 (2) of the statutes is amended to read:

SB539,47,20 805.05 (2) Separate trials. The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition or economy, or pursuant to s. 803.04 (2) (b), may order a separate trial of any claim, cross-claim, counterclaim, or 3rd party 3rd-party claim, or of any number of claims, always preserving inviolate the right of trial in the mode to which the parties are entitled.

Note: Corrects spelling.

SB539, s. 151 Section 151. 805.07 (2) (b) of the statutes is amended to read:

SB539,48,7 805.07 (2) (b) Notice of a third-party 3rd-party subpoena issued for discovery purposes shall be provided to all parties at least 10 days before the scheduled deposition in order to preserve their right to object. If a third-party 3rd-party subpoena requests the production of books, papers, documents, or tangible things that are within the scope of discovery under s. 804.01 (2) (a), those objects shall not be provided before the time and date specified in the subpoena. The provisions under this paragraph apply unless all of the parties otherwise agree.

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

SB539, s. 152 Section 152. 805.14 (9) of the statutes is amended to read:

SB539,48,11 805.14 (9) Involuntary dismissal of counterclaim, cross-claim, or 3rd party 3rd-party claim. This section applies to counterclaims, cross-claims, and 3rd party 3rd-party claims.

Note: Corrects spelling.

SB539, s. 153 Section 153. 809.80 (3) (b) 2. of the statutes is amended to read:

SB539,48,14 809.80 (3) (b) 2. Delivered to a third-party 3rd-party commercial carrier for delivery to the clerk within 3 calendar days.

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

SB539, s. 154 Section 154. 809.80 (4) (a) of the statutes is amended to read:

SB539,48,19 809.80 (4) (a) When a brief or appendix is filed by mail or commercial carrier in accordance with s. 809.80 (3) (b), the attorney or person filing the document shall append a certification or affidavit setting forth the date and manner by which the document was mailed or delivered to a third-party 3rd-party commercial carrier.

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

SB539, s. 155 Section 155. 810.11 of the statutes is amended to read:

SB539,49,5 810.11 Claims of third 3rd parties; indemnity to officer. If the property taken is claimed by a 3rd person, the 3rd person may make application to the judge or judicial officer under ss. 810.02 and 810.03 for an order directing that the 3rd person be given delivery of the property so claimed. Any person having possession of the property may move the court to vacate or modify the order directing delivery to the 3rd party 3rd-party claimant, or post bond in the same manner provided for the defendant.

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

SB539, s. 156 Section 156. 822.07 (3) (c) of the statutes is amended to read:

SB539,49,9 822.07 (3) (c) If substantial evidence concerning the child's present or future care, protection, training, and personal relationships is more readily available in another state:;

Note: Corrects punctuation.

SB539, s. 157 Section 157. 822.07 (7) of the statutes is amended to read:

SB539,49,15 822.07 (7) If it appears to the court that it is clearly an inappropriate forum it may require the party who commenced the proceedings to pay, in addition to the costs of the proceedings in this state, necessary travel and other expenses, including attorneys' attorney fees, incurred by other parties or their witnesses. Payment is to be made to the clerk of the court for remittance to the proper party.

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

SB539, s. 158 Section 158. 822.08 (3) of the statutes is amended to read:

SB539,49,19 822.08 (3) In appropriate cases a court dismissing a petition under this section may charge the petitioner with necessary travel and other expenses, including attorneys' attorney fees, incurred by other parties or their witnesses.

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

SB539, s. 159 Section 159. 822.15 (2) of the statutes is amended to read:

SB539,50,2 822.15 (2) A person violating a custody decree of another state which makes it necessary to enforce the decree in this state may be required to pay necessary travel and other expenses, including attorneys' attorney fees, incurred by the party entitled to the custody or his or her witnesses.

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

SB539, s. 160 Section 160. 880.75 (2) of the statutes is amended to read:

SB539,50,16 880.75 (2) Security transactions involving minors; liability. A bank, broker, issuer, third 3rd party, or transfer agent incurs no liability by reason of his or her treating a minor as having capacity to transfer a security, to receive or to empower others to receive dividends, interest, principal, or other payments or distributions, to vote or give consent in person or by proxy, or to make elections or exercise rights relating to the security, unless prior to acting in the transaction the bank, broker, issuer,third 3rd party, or transfer agent had received written notice in the office acting in the transaction that the specific security is held by a minor or unless an individual conducting the transaction for the bank, broker, issuer, third 3rd party, or transfer agent had actual knowledge of the minority of the holder of the security. Except as otherwise provided in this section, such a bank, broker, issuer, third 3rd party, or transfer agent may assume without inquiry that the holder of a security is not a minor.

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

SB539, s. 161 Section 161. 880.75 (3) of the statutes is amended to read:

SB539,51,5 880.75 (3) Acts of minors not subject to disaffirmance or avoidance. A minor, who has transferred a security, received or empowered others to receive dividends, interest, principal, or other payments or distributions, voted or given consent in person or by proxy, or made an election or exercised rights relating to the security, has no right thereafter, as against a bank, broker, issuer, third 3rd party, or transfer agent to disaffirm or avoid the transaction, unless prior to acting in the transaction the bank, broker, issuer, third 3rd party, or transfer agent against whom the transaction is sought to be disaffirmed or avoided had received notice in the office acting in the transaction that the specific security is held by a minor or unless an individual conducting the transaction for the bank, broker, issuer, third 3rd party, or transfer agent had actual knowledge of the minority of the holder.

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

SB539, s. 162 Section 162. 880.76 (2) of the statutes is amended to read:

SB539,51,22 880.76 (2) Security transactions involving incompetent or spendthrift; liability. A bank, broker, issuer, third 3rd party, or transfer agent incurs no liability by reason of his or her treating an incompetent or spendthrift as having capacity to transfer a security, to receive or to empower others to receive dividends, interest, principal, or other payments or distributions, to vote or give consent in person or by proxy, or to make elections or exercise rights relating to the security, unless prior to acting in the transaction the bank, broker, issuer, third 3rd party, or transfer agent had received written notice in the office acting in the transaction that the specific security is held by a person who has been adjudicated an incompetent or a spendthrift or unless an individual conducting the transaction for the bank, broker, issuer, third 3rd party, or transfer agent had actual knowledge that the holder of the security is a person who has been adjudicated an incompetent or a spendthrift, or actual knowledge of filing of lis pendens as provided in s. 880.215. Except as otherwise provided in this section, such a bank, broker, issuer, third 3rd party, or transfer agent may assume without inquiry that the holder of a security is not an incompetent or spendthrift.

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

SB539, s. 163 Section 163. 880.76 (3) of the statutes is amended to read:

SB539,52,14 880.76 (3) Acts not subject to disaffirmance or avoidance. An incompetent or spendthrift, who has transferred a security, received or empowered others to receive dividends, interest, principal, or other payments or distributions, voted or given consent in person or by proxy, or made an election or exercised rights relating to the security, has no right thereafter, as against a bank, broker, issuer, third 3rd party, or transfer agent to disaffirm or avoid the transaction, unless prior to acting in the transaction the bank, broker, issuer, third 3rd party, or transfer agent against whom the transaction is sought to be disaffirmed or avoided had received notice in the office acting in the transaction that the specific security is held by a person who has been adjudicated an incompetent or a spendthrift or unless an individual conducting the transaction for the bank, broker, issuer, third 3rd party, or transfer agent had actual knowledge that the holder is a person who has been adjudicated an incompetent or a spendthrift, or actual knowledge of filing of lis pendens as provided in s. 880.215.

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

SB539, s. 164 Section 164. 880.86 (title) of the statutes is amended to read:

SB539,52,16 880.86 (title) Exemption of third 3rd person from liability.

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