SB539: Bill Text

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.

SB539, s. 165 Section 165. 880.865 (title) of the statutes is amended to read:

SB539,52,18 880.865 (title) Liability to third 3rd person.

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

SB539, s. 166 Section 166. 895.58 (3) of the statutes is amended to read:

SB539,52,22 895.58 (3) Special waste, when used in a public works project, is exempt from regulation as solid waste under ch. 289 if all of the applicable conditions included in the list complied compiled under sub. (2) are met.

Note: Corrects spelling. The change has been made in the printed volumes.

SB539, s. 167 Section 167. 905.06 (4) of the statutes is amended to read:

SB539,53,5 905.06 (4) Exceptions. There is no privilege under this section concerning observations or information that a member of the clergy, as defined in s. 49.981 48.981 (1) (cx), is required to report as suspected or threatened child abuse under s. 48.981 (2) (bm).

Note: Inserts correct cross-reference. "Member of the clergy" is defined at s. 48.981 (1) (cx).

SB539, s. 168 Section 168. 938.34 (4h) (a) of the statutes is amended to read:

SB539,53,12 938.34 (4h) (a) The juvenile is 14 years of age or over and has been adjudicated delinquent for committing a violation of s. 939.31, 939.32 (1) (a), 940.03, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1), 948.025 (1), or 948.30 (2) or the juvenile is 10 years of age or over and has been adjudicated delinquent for attempting or committing a violation of s. 940.01 or for committing a violation of s. 940.02 or 940.05.

Note: Inserts missing "s."

SB539, s. 169 Section 169. 939.48 (4) of the statutes is amended to read:

SB539,53,20 939.48 (4) A person is privileged to defend a third 3rd person from real or apparent unlawful interference by another under the same conditions and by the same means as those under and by which the person is privileged to defend himself or herself from real or apparent unlawful interference, provided that the person reasonably believes that the facts are such that the third 3rd person would be privileged to act in self-defense and that the person's intervention is necessary for the protection of the third 3rd person.

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

SB539, s. 170 Section 170. 940.25 (1m) (a) of the statutes is amended to read:

SB539,54,5 940.25 (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b); any any combination of sub. (1) (a), (am), or (bm); any combination of sub. (1) (c), (cm), or (d); or any combination of or sub. (1) (c), (cm), or (e) for acts arising out of the same incident or occurrence.

Note: Deletes repeated word. Conforms punctuation to current style. Corrects placement of "or".

SB539, s. 171 Section 171. 942.01 (1) of the statutes is amended to read:

SB539,54,9 942.01 (1) Whoever with intent to defame communicates any defamatory matter to a third 3rd person without the consent of the person defamed is guilty of a Class A misdemeanor.

SB539, s. 172 Section 172. 943.212 (2) (b) 2. of the statutes is amended to read:

SB539,54,12 943.212 (2) (b) 2. Attorneys Attorney fees under s. 799.25 for actions commenced under ch. 799.

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

SB539, s. 173 Section 173. 973.195 (1r) (d) of the statutes is amended to read:

SB539,54,22 973.195 (1r) (d) If the sentence for which the inmate seek's seeks adjustment is for an offense under s. 940.225 (2) or (3), 948.02 (2), or 948.08 and the district attorney does not object to the petition within 10 days of receiving notice under par. (c), the district attorney shall notify the the victim, as defined under s. 950.02 (4), of the inmate's petition. The notice to the victim shall include information on the sentence adjustment petition process under this subsection, including information on how to object to the inmate's petition. If the victim objects to adjustment of the inmate's sentence within 45 days of the date on which the district attorney received notice under par. (c), the court shall deny the inmate's petition.

Note: Deletes repeated word and corrects spelling.

SB539, s. 174 Section 174. 980.101 (3) of the statutes is amended to read:

SB539,55,3 980.101 (3) An appeal may be taken from an an order entered under sub. (2) as from a final judgment.

Note: Deletes repeated word.

SB539, s. 175 Section 175. 2003 Wisconsin Act 327, section 30, is amended by replacing "196.204 (5) (ar) 2. of the statutes, as created by 2003 Wisconsin Act 278, is amended to read:" with "196.204 (5) (ar) 2. (intro.) of the statutes, as created by 2003 Wisconsin Act 278, is amended to read:".

Note: This provision only affected s. 196.204 (5) (ar) 2. (intro.).

SB539, s. 176 Section 176. 2005 Wisconsin Act 22, section 48 is amended by replacing "45.356 (9) (a) and (b)" with "45.356 (9) (a) or (b)".