SB301: Bill Text

Note: Corrects spelling.

SB301, s. 212 Section 212. 803.05 (1) of the statutes, as affected by 2005 Wisconsin Act 253, is amended to read:

SB301,79,20 803.05 (1) At any time after commencement of the action, a defending party, as a 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 3rd-party plaintiff need not obtain leave to implead if he or she serves the 3rd-party summons and 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 3rd-party plaintiff must obtain leave on motion upon notice to all parties to the action. The person served with the summons and 3rd-party complaint, hereinafter called the 3rd-party defendant, shall make defenses to the 3rd-party plaintiff's claim as provided in s. 802.06 and counterclaims against the 3rd-party plaintiff and cross-claims cross claims against any other defendant as provided in s. 802.07. The 3rd-party defendant may assert against the plaintiff any defenses which the 3rd-party plaintiff has to the plaintiff's claim. The 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 3rd-party plaintiff. The plaintiff may assert any claim against the 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 3rd-party plaintiff, and the 3rd-party defendant thereupon shall assert defenses as provided in s. 802.06 and counterclaims and cross-claims cross claims as provided in s. 802.07.

Note: Corrects spelling.

SB301, s. 213 Section 213. 803.07 of the statutes is amended to read:

SB301,80,7 803.07 Interpleader. Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that the plaintiff is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim cross claim or counterclaim. The provisions of this section supplement and do not in any way limit the joinder of parties permitted in s. 803.04.

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SB301, s. 214 Section 214. 804.05 (3) (b) 5. of the statutes, as affected by 2005 Wisconsin Act 253, is amended to read:

SB301,80,15 804.05 (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 cross claim shall not be considered a plaintiff within the meaning of this subsection, but a 3rd-party plaintiff under s. 803.05 (1) shall be so considered with respect to the 3rd-party defendant.

Note: Corrects spelling.

SB301, s. 215 Section 215. 805.04 (3) of the statutes, as affected by 2005 Wisconsin Act 253, is amended to read:

SB301,80,22 805.04 (3) Counterclaim, cross-claim cross claim and 3rd-party claim. This section applies to the voluntary dismissal of any counterclaim, cross-claim cross claim, or 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.

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SB301, s. 216 Section 216. 805.05 (2) of the statutes, as affected by 2005 Wisconsin Act 253, is amended to read:

SB301,81,7 805.05 (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 cross claim, counterclaim, or 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.

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SB301, s. 217 Section 217. 805.14 (9) of the statutes, as affected by 2005 Wisconsin Act 253, is amended to read:

SB301,81,12 805.14 (9) Involuntary dismissal of counterclaim, cross-claim cross claim or 3rd-party claim. This section applies to counterclaims, cross-claims cross claims, and 3rd-party claims.

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SB301, s. 218 Section 218. 812.17 of the statutes is amended to read:

SB301,82,2 812.17 Impleader. When the answer of the garnishee discloses that any 3rd person claims the debt or property in the garnishee's hands and the name and residence of such claimant the court may order that such claimant be impleaded as a defendant in the garnishment action and that notice thereof, setting forth the facts, with a copy of such order and answer be served upon the 3rd person 3rd-person claimant, and that after such service is made the garnishee may pay or deliver to the officer or the clerk such debt or property and have a receipt therefor, which shall be a complete discharge from all liability for the amount so paid or property so delivered. Such notice shall be served as required for service of a summons. Upon such service being made such claimant shall be deemed a defendant in the garnishee action, and within 20 days shall answer setting forth the claimant's claim or any defense which that the garnishee might have made.

Note: Corrects spelling.

SB301, s. 219 Section 219. 814.75 (1g) of the statutes, as created by 2005 Wisconsin Act 433, is renumbered 814.75 (1j).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 288 also created a provision numbered 814.75 (1g).

SB301, s. 220 Section 220. 814.75 (1r) of the statutes, as affected by 2005 Wisconsin Act 433, is renumbered 814.75 (1m).

Note: 2005 Wis. Act 288 renumbered s. 814.75 (1) to 814.75 (1m). 2005 Wis. Act 433 renumbered 814.75 (1) to 814.75 (1r). The revisor under s. 13.93 (1) (b) numbers the provision 814.75 (1m).

SB301, s. 221 Section 221. 814.75 (13m) of the statutes, as created by 2005 Wisconsin Act 288, is amended to read:

SB301,82,9 814.75 (13m) The Great Lakes resource surcharge under s. 29.99 29.9905.

Note: Section 29.99, as created by 2005 Wis. Act 288, is renumbered to s. 29.9905 by this bill.

SB301, s. 222 Section 222. 814.76 (1g) of the statutes, as created by 2005 Wisconsin Act 433, is renumbered 814.76 (1j).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 288 also created a provision numbered 814.76 (1g).

SB301, s. 223 Section 223. 814.76 (1r) of the statutes, as affected by 2005 Wisconsin Act 433, section 13, is renumbered 814.76 (1m).

Note: 2005 Wis. Act 288 renumbered s. 814.76 (1) to 814.76 (1m). 2005 Wis. Act 433 renumbered 814.76 (1) to 814.76 (1r). The revisor under s. 13.93 (1) (b) numbers the provision 814.76 (1m).

SB301, s. 224 Section 224. 814.76 (10m) of the statutes, as created by 2005 Wisconsin Act 288, is amended to read:

SB301,82,16 814.76 (10m) The Great Lakes resource surcharge under s. 29.99 29.9905.

Note: Section 29.99, as created by 2005 Wis. Act 288, is renumbered to s. 29.9905 by this bill.

SB301, s. 225 Section 225. 814.77 (6m) of the statutes, as created by 2005 Wisconsin Act 288, is amended to read:

SB301,83,3 814.77 (6m) The Great Lakes resource surcharge under s. 29.99 29.9905.

Note: Section 29.99, as created by 2005 Wis. Act 288, is renumbered to s. 29.9905 by this bill.

SB301, s. 226 Section 226. 822.31 (1) of the statutes, as affected by 2005 Wisconsin Act 130, is amended to read:

SB301,83,7 822.31 (1) "Judicial day" means each day except Saturday, Sunday, or a legal holiday under s. 895.20 995.20.

Note: Corrects cross-reference. Section 895.20 was renumbered to s. 995.20 by 2005 Wis. Act 155.

SB301, s. 227 Section 227. 867.046 (1m) of the statutes, as affected by 2005 Wisconsin Acts 206 and 216, is amended to read:

SB301,84,5 867.046 (1m) Upon death; generally. If a domiciliary of this state dies who immediately prior to death had an interest in property in this state, including an interest in survivorship marital property or an interest in property passing under s. 705.20 705.10 (1), or if a person not domiciled in this state dies having an interest in property in this state, including an interest in survivorship marital property or an interest in property passing under s. 705.20 705.10 (1), upon petition of the decedent's spouse, a beneficiary of a marital property agreement or, a TOD beneficiary, or a beneficiary of a transfer under s. 705.20 705.10 (1) to the court of the county of domicile of the decedent or, if the decedent was not domiciled in this state, of any county where the property is situated, the court shall issue a certificate under the seal of the court. The certificate shall set forth the fact of the death of the decedent, the termination or transfer of the decedent's interest in the property, the interest of the petitioner in the property and any other facts essential to a determination of the rights of persons interested. The certificate is prima facie evidence of the facts recited, and if the certificate relates to an interest in real property or to a debt secured by an interest in real property, the petitioner shall record a certified copy or duplicate original of the certificate in the office of the register of deeds in each county in this state in which the real property is located.

Note: Section 705.20 was renumbered to s. 705.10 by 2005 Wis. Act 206. Corrects punctuation.

SB301, s. 228 Section 228. 867.046 (2) (intro.) of the statutes, as affected by 2005 Wisconsin Acts 206 and 216, is amended to read:

SB301,84,19 867.046 (2) Upon death; interest in property. (intro.) As an alternative to sub. (1m), upon the death of any person having an interest in any real property, a vendor's interest in a land contract, an interest in a savings or checking account, an interest in a security, a mortgagee's interest in a mortgage, or an interest in property passing under s. 705.20 705.10 (1), including an interest in survivorship marital property, the decedent's spouse, a beneficiary of a marital property agreement or, a TOD beneficiary, or a beneficiary of a transfer under s. 705.20 705.10 (1) may obtain evidence of the termination of that interest of the decedent and confirmation of the petitioner's interest in the property by providing to the register of deeds of the county in which the property is located the certified death certificate for the decedent and, on applications supplied by the register of deeds for that purpose, all of the following information:

Note: Section 705.20 was renumbered to s. 705.10 by 2005 Wis. Act 206. Corrects punctuation.

SB301, s. 229 Section 229. 867.046 (2) (k) of the statutes, as created by 2005 Wisconsin Act 216, is amended to read:

SB301,85,2 867.046 (2) (k) In the case of a transfer under s. 705.20 705.10 (1), except as described in par. (i) or (j), a copy of the document described in s. 705.20 705.10 (1).

Note: Section 705.20 was renumbered to s. 705.10 by 2005 Wis. Act 206.

SB301, s. 230 Section 230. 879.09 of the statutes, as affected by 2005 Wisconsin Acts 216 and 387, is amended to read:

SB301,85,12 879.09 Notice requirement satisfied by waiver of notice. Persons who are not minors or individuals adjudicated incompetent, on behalf of themselves, and appointed guardians ad litem and guardians of the estate on behalf of themselves and those whom they represent, may in writing waive the service of notice upon them and consent to the hearing of any matter without notice,. An attorney, or attorney-in-fact, for a person in the military service may waive notice on behalf of himself or herself but cannot waive notice on behalf of the person in the military service. Waiver of notice by any person is equivalent to timely service of notice.

Note: Deletes unnecessary comma.

SB301, s. 231 Section 231. 880.01 (8m) of the statutes, as created by 2005 Wisconsin Act 264, is renumbered 54.01 (28).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 387 created the same provision as s. 54.01 (28) and renumbered the remainder of s. 880.01 to s. 54.01.

SB301, s. 232 Section 232. 880.07 (2m) of the statutes, as created by 2005 Wisconsin Act 264, is renumbered 54.34 (2m).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 387 renumbers the remainder of s. 880.07 to s. 54.34.

SB301, s. 233 Section 233. 880.33 (2) (f) of the statutes, as created by 2005 Wisconsin Act 264, is renumbered 54.44 (5m).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 387 renumbered s. 880.33 to multiple locations in ch. 54 but did not take into account the creation of s. 880.33 (2) (f) by 2005 Wis. Act 264. It is moved to s. 54.44 (5) for proximity to provisions relating to who may be present at a guardianship hearing.

SB301, s. 234 Section 234. The treatment of 893.587 of the statutes by 2005 Wisconsin Act 155 is not repealed by 2005 Wisconsin Act 277. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 893.587 reads:

893.587 Sexual assault of a child; limitation. An action to recover damages for injury caused by an act that would constitute a violation of s. 948.02, 948.025, 948.06, 948.085, or 948.095 or would create a cause of action under s. 895.442 shall be commenced before the injured party reaches the age of 35 years or be barred.

SB301, s. 235 Section 235. 895.07 (7) (i) of the statutes, as created by 2005 Wisconsin Act 201, is amended to read:

SB301,86,15 895.07 (7) (i) If the contractor rejects the supplemental offer made by the supplier to remedy the construction defect or to settle the claim by monetary payment or a combination of each, the contractor shall, within 15 working days after receiving the offer, serve written notice of the contractor's rejection on the supplier. The notice shall include the reasons for the contractor's rejection of the supplier's supplemental settlement offer. If the contractor believes the supplier's supplemental settlement offer is unreasonable, the contractor shall set forth the reasons why the contractor believes the supplemental settlement offer is unreasonable. If the supplier declines to make a supplemental offer, or if the contractor rejects the supplemental offer, the contractor may bring an action against the supplier for the claim described in the notice of claim without further notice.

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SB301, s. 236 Section 236. 895.497 (title) of the statutes, as created by 2005 Wisconsin Act 322, is amended to read:

SB301,86,19 895.497 (title) Liability Civil liability exemption: furnishing safety services relating to child safety restraint systems.

Note: Conforms form of title to the other titles in ch. 895 relating to civil liability exemptions, as affected by 2005 Wis. Act 155.

SB301, s. 237 Section 237. 895.506 (title) of the statutes, as created by 2005 Wisconsin Act 325, is amended to read:

SB301,87,4 895.506 (title) Liability Civil liability exemption: weight gain and obesity claims.

Note: Conforms form of title to the other titles in ch. 895 relating to civil liability exemptions, as affected by 2005 Wis. Act 155.

SB301, s. 238 Section 238. 895.507 of the statutes, as created by 2005 Wisconsin Act 138, is renumbered 134.98.

Note: 2005 Wis. Act 155 revises ch. 895 to include only provisions related to limits on liability and miscellaneous court provisions and renumbers s. 895.505, relating to disposal of records containing personal information, to s. 134.97. Section 895.507 relating to notice of unauthorized acquisition of personal information, is renumbered 134.98 so the section continues to be located with the former s. 895.505 in the statutes.

SB301, s. 239 Section 239. 895.81 of the statutes, as created by 2005 Wisconsin Act 212, is renumbered 895.472.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 155 revises ch. 895 to create 2 subchapters and to reorganize the chapter accordingly. Section 895.81, Indemnification of a financial institution, is moved so it is not located in subchapter II, Exemptions From Liability, and is located in subchapter I, Damages, Liability, and Miscellaneous Provisions Regarding Actions in Courts.

SB301, s. 240 Section 240. The treatment of 905.04 (4) (a) of the statutes by 2005 Wisconsin Act 387 is not repealed by 2005 Wisconsin Act 434. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 905.04 (4) (a) reads:

(a) Proceedings for hospitalization, guardianship, protective services, or protective placement or for control, care, or treatment of a sexually violent person. There is no privilege under this rule as to communications and information relevant to an issue in proceedings to hospitalize the patient for mental illness, to appoint a guardian in this state, for court-ordered protective services or protective placement, for review of guardianship, protective services, or protective placement orders, or for control, care, or treatment of a sexually violent person under ch. 980, if the physician, registered nurse, chiropractor, psychologist, social worker, marriage and family therapist, or professional counselor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization, guardianship, protective services, or protective placement or control, care, and treatment as a sexually violent person.

SB301, s. 241 Section 241. 938.08 (3) (a) (intro.) of the statutes, as affected by 2005 Wisconsin Act 344, is amended to read:

SB301,88,7 938.08 (3) (a) (intro.) In addition to the law enforcement authority under sub. (2), department personnel designated by the department, and personnel of an agency contracted with under s. 301.08 (1) (b) 3. and designated by agreement between the agency and the department, and personnel of a county contracted with under s. 301.08 (1) (b) 4. and designated by agreement between the county and the department have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

Note: Section 301.08 (1) (b) 4. was repealed by 2005 Wis. Act 344, leaving the stricken language without effect.

SB301, s. 242 Section 242. 938.17 (1) (b) of the statutes is amended to read:

SB301,88,11 938.17 (1) (b) If the court orders the juvenile to serve a period of incarceration of less than 6 months, the juvenile may serve that period of incarceration only in a secure juvenile detention facility.

Note: The term "secure detention facility" was changed to "juvenile detention facility" by 2005 Wis. Act 344.

SB301, s. 243 Section 243. The treatment of 938.17 (2) (a) 3. (intro.) of the statutes by 2005 Wisconsin Act 190 is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 938.17 (2) (a) 3. (intro.) reads:

3. Except as provided in subd. 1m., when a juvenile is alleged to have violated a municipal ordinance, one of the following may occur:

SB301, s. 244 Section 244. The treatment of 938.18 (1) (a), as renumbered, of the statutes by 2005 Wisconsin Act 212, section 3, is not repealed by 2005 Wisconsin Act 344, section 150. Both treatments stand.