SB539: Bill Text

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

SB539, s. 78 Section 78. 167.31 (2) (d) of the statutes is amended to read:

SB539,25,6 167.31 (2) (d) Except as provided in sub. (4) (a), (bg), (cg), (e), and (g), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.

Note: Section 167.31 (4) (bg) is repealed by this bill as by its terms that provision has no application after June 30, 2004.

SB539, s. 79 Section 79. 167.31 (4) (bg) of the statutes is repealed.

Note: By its terms, s. 167.31 (4) (bg) has no application after June 30, 2004.

SB539, s. 80 Section 80. 169.11 (1) (a) (intro.) of the statutes is amended to read:

SB539,25,14 169.11 (1) (a) (intro.) The department shall designate by rule cougars and members of the family ursidae as harmful wild animals. After consulting with the department of agriculture, trade and consumer protection and the department of health and family services, the department of natural resources may designate by rule other species of wild animals as harmful wild animals if any of the following apply applies:

Note: Corrects grammar.

SB539, s. 81 Section 81. 170.12 (4) (intro.) of the statutes is amended to read:

SB539,25,21 170.12 (4) Review by other agencies. (intro.) Upon receipt of an application under sub. (3), the board shall immediately transmit copies of the application to the department of natural resources and to the historical society for review. The department of natural resources and the historical society shall, as appropriate, within 30 days after their receipt of the application, notify the board whether any of the following apply applies:

Note: Corrects grammar.

SB539, s. 82 Section 82. 173.23 (4) (intro.) of the statutes is amended to read:

SB539,26,5 173.23 (4) Injured or dangerous animals. (intro.) A political subdivision or person contracting under s. 173.15 (1) who has custody of an animal may have the animal euthanized if there are reasonable grounds to believe that any of the following apply applies:

Note: Corrects grammar.

SB539, s. 83 Section 83. 177.04 (2) of the statutes is amended to read:

SB539,26,12 177.04 (2) Subject to sub. (4), any sum payable on a money order or similar written instrument, other than a 3rd party 3rd-party bank check, that has been outstanding for more than 7 years after its issuance is presumed abandoned unless the owner, within 7 years, has communicated in writing with the issuer concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee of the issuer.

Note: Corrects spelling.

SB539, s. 84 Section 84. 177.04 (4) (intro.) of the statutes is amended to read:

SB539,26,17 177.04 (4) (intro.) No sum payable on a travelers check, money order or similar written instrument, other than a 3rd party 3rd-party bank check, described in subs. (1) and (2) may be subjected to the custody of this state as unclaimed property unless one of the following exists:

Note: Corrects spelling.

SB539, s. 85 Section 85. 177.20 (7) of the statutes is amended to read:

SB539,27,2 177.20 (7) Property removed from a safe deposit box or other safekeeping repository is received by the administrator subject to the holder's right to be reimbursed for the actual cost of the opening and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges and subject to any 3rd party 3rd-party lien. The administrator shall reimburse the holder from the proceeds remaining after deducting the administrator's selling cost.

Note: Corrects spelling.

SB539, s. 86 Section 86. 177.31 (2) of the statutes is amended to read:

SB539,27,9 177.31 (2) Any business association that sells in this state its travelers checks, money orders or other similar written instruments, other than 3rd party 3rd-party bank checks on which the business association is directly liable, or that provides such instruments to others for sale in this state, shall, for 3 years after the date the property is reportable, maintain a record of those instruments while they remain outstanding, indicating the state and date of issue.

Note: Corrects spelling.

SB539, s. 87 Section 87. 178.04 (1) of the statutes is amended to read:

SB539,27,12 178.04 (1) Except as provided by s. 178.13, persons who are not partners as to each other are not partners as to third 3rd persons.

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

SB539, s. 88 Section 88. 178.07 (4) of the statutes is amended to read:

SB539,27,18 178.07 (4) Where the title to real property is in the name of one or more or all the partners, or in a third 3rd person in trust for the partnership, a conveyance executed by a partner in the partnership name, or in the partner's own name, passes the equitable interest of the partnership, provided the act is one within the authority of the partner under s. 178.06 (1).

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

SB539, s. 89 Section 89. 178.34 (1) and (2) of the statutes are amended to read:

SB539,28,2 178.34 (1) A lien on, or right of retention of, the surplus of the partnership property after satisfying the partnership liabilities to third 3rd persons for any sum of money paid by the party entitled to rescind for the purchase of an interest in the partnership and for any capital or advances contributed by the party entitled to rescind.

SB539,28,5 (2) To stand, after all liabilities to third 3rd persons have been satisfied, in the place of the creditors of the partnership for any payments made by the party entitled to rescind in respect of the partnership liabilities.

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

SB539, s. 90 Section 90. 178.36 (4) of the statutes is amended to read:

SB539,28,11 178.36 (4) When all the partners or their representatives assign their rights in partnership property to one or more third 3rd persons who promise to pay the debts and who continue the business of the dissolved partnership, creditors of the dissolved partnership are also creditors of the person or partnership continuing the business.

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

SB539, s. 91 Section 91. 179.23 (title) of the statutes is amended to read:

SB539,28,13 179.23 (title) Liability to third 3rd parties.

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

SB539, s. 92 Section 92. 180.1807 (1) (title) of the statutes is amended to read:

SB539,28,15 180.1807 (1) (title) Notice of 3rd party 3rd-party offer.

Note: Corrects spelling.

SB539, s. 93 Section 93. 185.93 (3) of the statutes is amended to read:

SB539,28,21 185.93 (3) If anything is recovered or obtained as the result of the action, whether by means of a compromise and settlement or by a judgment, the court may, out of the proceeds of the action, award the plaintiff the reasonable expenses of maintaining the action, including reasonable attorneys' attorney fees, and may direct the plaintiff to account to the association for the remainder of such proceeds.

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

SB539, s. 94 Section 94. 185.93 (4) of the statutes is amended to read:

SB539,29,8 185.93 (4) In any action brought in the right of an association by less than 3 per cent of the members or by holders of less than 3 per cent of any class of stock outstanding, the defendants may require the plaintiff to give security for the reasonable expenses of defending such action, including attorneys' attorney fees. The amount of such security may thereafter be increased or decreased in the discretion of the court upon showing that the security provided is or may be inadequate or is excessive.

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

SB539, s. 95 Section 95. 186.11 (4) (bh) of the statutes is amended to read:

SB539,29,16 186.11 (4) (bh) A credit union service organization under par. (a) may provide any service described under par. (b) or approved under par. (bd) through an investment by the credit union service organization in a third-party 3rd-party service provider. The amount that a credit union service organization may invest in a third-party 3rd-party service provider under this paragraph may not exceed the amount necessary to obtain the applicable services, or a greater amount if necessary for the credit union service organization to obtain the services at a reduced cost.

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

SB539, s. 96 Section 96. 186.113 (5) of the statutes is amended to read:

SB539,29,19 186.113 (5) Third-party checks. Issue third-party 3rd-party checks from an account of a member upon request of the member.

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

SB539, s. 97 Section 97. 192.71 of the statutes is amended to read:

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: