1997 Wisconsin Act 253

103.56 (3) Such If a complainant alleges that a substantial and irreparable injury to the complainant's property will be unavoidable unless a temporary restraining order is issued before a hearing under sub. (1) may be had, a temporary restraining order may be granted on reasonable notice of application for the temporary restraining order as the court may direct by order to show cause, but in no case less than 48 hour's notice. The order to show cause shall be served upon such the party or parties as that are sought to be restrained and as shall be that are specified in said the order , and then. The order shall be issued only upon testimony under oath, or , in the discretion of the court, upon affidavits, sufficient, if sustained, to justify the court in issuing a temporary injunction upon a hearing as herein provided for under this section.

Note: See the note to the previous section of this bill. Divides preexisting provision into 2 sentences and replaces word form of numbers with digits and other language for greater readability and conformity with current style.

253,93 Section 93 . 103.56 (4) of the statutes is amended to read:

103.56 (4) Such a A temporary restraining order issued under sub. (3) shall be effective for no longer than five 5 days, and, at the expiration of said five days the 5-day period, shall become void and not subject to renewal or extension, provided, however, except that if the hearing for a temporary injunction shall have been begun begins before the expiration of the said five days the 5-day period the restraining order may in the court's discretion be continued until a decision is reached upon on the issuance of the temporary injunction.

Note: Replaces word form of numbers with digits and other language for greater readability and conformity with current style.

253,94 Section 94 . 103.56 (5) of the statutes is amended to read:

103.56 (5) No temporary restraining order or temporary injunction shall may be issued under this section except on condition that the complainant shall first file files an undertaking with adequate security sufficient to recompense compensate those enjoined for any loss, expense, or damage caused by the improvident or erroneous issuance of such the order or injunction, including all reasonable costs (together with a, reasonable attorney's fee) attorney fees and expense against expenses that will be incurred in opposing the order or against the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court.

Note: Inserts cross-reference, deletes parentheses and replaces word form of numbers with digits and other language for greater readability and conformity with current style.

253,95 Section 95. 103.56 (6) of the statutes is amended to read:

103.56 (6) The undertaking herein mentioned required under sub. (5) shall be understood to signify represent an agreement entered into by between the complainant and the surety upon which a decree may be rendered in the same suit or proceeding against said the complainant and surety, the said complainant and surety submitting themselves to the jurisdiction of the court for that purpose. But However, nothing herein contained shall deprive in this section deprives any party having a claim or cause of action under or upon such an undertaking filed under sub. (5) from electing to pursue an ordinary remedy by suit at law or in equity.

Note: Inserts cross-references and replaces word form of numbers with digits and other language for greater readability and conformity with current style.

253,96 Section 96 . 103.57 of the statutes is amended to read:

103.57 Clean hands doctrine. No restraining order or injunctive relief shall may be granted to any complainant who has failed to comply with any legal obligation which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle such the dispute either by negotiation or with the aid of any available machinery of governmental mediation or voluntary arbitration, but nothing herein contained shall be deemed to require the in this section requires a court to await the action of any such tribunal if irreparable injury is threatened.

Note: Replaces language and nonspecific references with specific references and deletes redundant language for greater readability and conformity with current style.

253,97 Section 97 . 103.58 of the statutes is renumbered 103.58 (intro.) and amended to read:

103.58 Injunctions: contents. Except as provided in s. 103.56 no, any restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except is subject to all of the following:

(1) The order or injunction may be granted only on the basis of findings of fact made and filed by the court in the record of the case prior to the issuance of such restraining the order or injunction; and every restraining.

(2) The order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such those specific act or acts as may be that are expressly complained of in the bill of complaint or petition filed in such the case and expressly included in said findings of fact made and filed by the court as provided herein; and under sub. (1).

(3) The order or injunction shall be binding only upon the parties to the suit, their agents, servants, employes and attorneys, or those in active concert and participation with them, and who shall by personal service or otherwise have received actual notice of the same order or injunction.

Note: Subdivides provision and replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,98 Section 98 . 103.59 of the statutes is amended to read:

103.59 Injunctions: appeals. If any court issues or denies any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings, and on filing the usual bond for costs, forthwith immediately certify the entire record of the case, including a transcript of the evidence taken, to the appropriate appellate court for its review. Upon the filing of the record in the appropriate appellate court, the appeal shall be given preference.

Note: Replaces language for greater readability and conformity with current style.

253,99 Section 99 . 103.60 (intro.) of the statutes is amended to read:

103.60 Contempt cases. (intro.) If a person is charged with contempt under this chapter for violation of a restraining order or injunction issued by a court or judge or judges thereof, the accused shall enjoy all of the following:

Note: Deletes redundant language for greater readability and conformity with current style.

253,100 Section 100 . 103.60 (1) of the statutes is amended to read:

103.60 (1) The rights as to admission to bail that are accorded to persons accused of a crime.

Note: Deletes redundant language for greater readability and conformity with current style.

253,101 Section 101 . 103.60 (2) of the statutes is amended to read:

103.60 (2) The right to be notified of the accusation and a reasonable time to make a defense, provided if the alleged contempt is not committed in the immediate view or presence of the court.

Note: Replaces language for greater readability and conformity with current style.

253,102 Section 102 . 103.60 (3) of the statutes is amended to read:

103.60 (3) Upon demand, the right to a speedy and public trial by an impartial jury of the county in which the contempt was committed, provided except that this requirement shall not be construed to does not apply to contempts committed in the presence of the court or so near thereto to the court as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct or disobedience of any officer of the court in respect to the writs, orders or process of the court. All contempt proceedings brought for the alleged violation of any such restraining order or injunction are independent, original, special proceedings and shall require a unanimous finding of the jury.

Note: Replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,103 Section 103. 103.61 of the statutes is amended to read:

103.61 Punishment for contempt. Punishment for a contempt, specified in s. 103.60, may be by fine, not exceeding $25, or by imprisonment not exceeding ten 10 days, in the jail of the county where the court is sitting, or both, in the discretion of the court. Where If a person is committed to jail, for the nonpayment of such a fine imposed under this section, the person must be discharged at the expiration of fifteen 15 days; but where except that if the person is also committed for a definite time, the fifteen 15 days must be computed from the expiration of the definite time.

Note: Replaces nonspecific reference with specific reference and word form of numbers with digits for greater conformity with current style.

253,104 Section 104 . 103.62 (intro.), (1) (intro.), (a), (b) and (d), (2) and (3) of the statutes are renumbered 103.505 (intro.), (1) (intro.), (a), (b) and (d), (2) and (3), and 103.505 (intro.), (1) (d), (2) and (3) of the statutes, as renumbered, are amended to read:

103.505 (title) Definitions Collective bargaining; definitions. (intro.) When used in ss. 103.51 103.505 to 103.62 103.61, and for the purposes of these those sections:

(1) (d) Between any conflicting or competing interests in a “labor dispute", as defined in sub. (3), of “persons participating or interested" therein, as defined in sub. (2) in the labor dispute.

(2) A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against the person or association and if the person or association is engaged in the industry, trade, craft, or occupation in which such the labor dispute occurs, or is a member, officer, or agent of any association of employers or employes engaged in such that industry, trade, craft, or occupation.

(3) The term “labor “ Labor dispute" means any controversy between an employer and the majority of the employer's employes in a collective bargaining unit concerning the right or process or details of collective bargaining or the designation of representatives. Any organization with which either the employer or such the majority of the employer's employes is affiliated may be considered a party to the labor dispute. The provisions of this subsection shall supersede any provision of the statutes in conflict therewith.

Note: Renumbers provision for proper location; replaces nonspecific references with specific references, amends the title and deletes quotation marks and redundant language for greater readability and conformity with current style.

253,105 Section 105 . 103.62 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 35, is renumbered 103.505 (1) (c).

Note: See the note to the previous section of this bill.

253,106 Section 106 . 111.01 (1) of the statutes is amended to read:

111.01 (1) It recognizes that there are three 3 major interests involved, namely: That of the public, the employe, and the employer. These three 3 interests are to a considerable extent interrelated. It is the policy of the state to protect and promote each of these interests with due regard to the situation and to the rights of the others.

Note: Replaces word form of numbers with digits for greater readability and conformity with current style.

253,107 Section 107 . 111.63 of the statutes is amended to read:

111.63 Enforcement. The commission shall have the responsibility for enforcement of enforce compliance with the provisions of this subchapter and to that end may file an action in the circuit court of the county in which any such violation of this subchapter occurs to restrain and enjoin such the violation and to compel the performance of the duties imposed by this subchapter. In any such action the provisions of ss. 103.51 to 103.62 shall described in this section, ss. 103.505 to 103.61 do not apply.

Note: Reflects the renumbering of s. 103.62, deletes redundant language and replaces nonspecific reference with specific references for greater readability and conformity with current style.

253,108 Section 108 . 112.01 (1) (d) of the statutes is amended to read:

112.01 (1) (d) “Person" includes a corporation, limited liability company, partnership, or other association, or two 2 or more persons having a joint or common interest.

Note: Replaces word form of numbers with digits for greater readability and conformity with current style.

253,109 Section 109 . 114.33 (6) of the statutes is renumbered 114.33 (6) (a) and amended to read:

114.33 (6) (a) For the purposes of carrying out this section and ss. 114.35 and 114.37, the secretary may acquire by gift, devise, purchase or condemnation any lands for establishing, protecting, laying out, enlarging, extending, constructing, reconstructing, improving and maintaining airports, or interests in lands in and about airports, and after establishment, layout and. After completion of such the improvements, the secretary may convey as provided in this subsection lands thus that were acquired and under this subsection, but were not necessary for the airport improvements, with . The conveyances may be made with reservations concerning the future use and occupation of those lands so as to protect the airports and improvements and their environs and to preserve the view, appearance, light, air and usefulness of the airports.

(b) Whenever the secretary deems considers it necessary to acquire any lands or interests in lands for any of those the purposes described in par. (a), the secretary shall so order and in the order, or on a map or plat, show the lands and interests required. The secretary shall file a copy of the order and map with the county clerk of each county in which the lands or interests are required. For the purposes of this section the secretary may acquire private or public lands or interests therein. When so provided in the secretary's order, the land shall be acquired in fee simple. Unless the secretary elects to proceed under sub. (3), the secretary shall endeavor attempt to obtain easements or title in fee simple by conveyance of the lands or interests required at a price, including any damages, deemed considered reasonable by the secretary. The instrument of conveyance shall name the state as grantee and shall be recorded in the office of the register of deeds. The purchase or acquisition of lands or interests therein in lands under this section is excepted and exempt from s. 20.914 (1).

(c) The secretary may purchase or accept donations of remnants of tracts or parcels of land existing at the time or after the secretary has acquired portions of tracts or parcels, by purchase or condemnation for airport purposes, where in the judgment of the secretary such action the acquisition of the tracts or parcels would assist in making whole the land owner landowner, a part of whose lands have been taken for airport purposes and would serve to minimize the overall cost of such the taking by the public.

Note: Subdivides provision and replaces nonspecific references with specific references and other language for greater readability and conformity with current style.

253,110 Section 110 . 128.001 of the statutes is created to read:

128.001 Definitions. In this chapter:

(2) Petition. “Petition" means a petition for the appointment of a receiver under this chapter.

Note: Creates a definition section for the proper location of definitions in ch. 128. The term “petition" is used throughout the chapter without specifying what is being petitioned for. According to legislative counsel notes in the drafting files to chapter 289, Laws of 1969, all references to petition are to petitions for the appointment of a receiver. See also the treatment of s. 128.04 by this bill.

253,111 Section 111 . 128.02 (2) of the statutes is amended to read:

128.02 (2) No assignment shall be void because of any defect, informality or mistake therein in the assignment or in the bond, inventory or list of creditors accompanying the same; and the assignment. The court may direct the amendment of the assignment or of any other paper document to effect the intention of the assignor or assignee, or to obtain a distribution of the assignor's assets as provided in this chapter, and any such amendment shall relate back to the time of the execution of the paper document. No mistake in filing a copy instead of an original or any like mistake or inadvertent failure to comply with the provisions of this chapter shall void the assignment.

(3) (a) No creditor shall, in case a debtor has attempted to make an assignment for the benefit of creditors, or in case of the insolvency of any debtor, by attachment, garnishment or otherwise, obtain priority over other creditors upon such the assignment being adjudged void, or in consequence of any sale, lien or security being adjudged void; but in.

(b) In all such cases described in par. (a), the property of such the debtor shall be administered for the ratable benefit of all of the debtor's creditors under the direction of the court by the assignee or by a receiver.

Note: Subdivides provision, inserts specific references and cross-references and replaces other language for greater readability and conformity with current style.

253,112 Section 112 . 128.03 of the statutes is amended to read:

128.03 Liens by legal proceedings; assignment. When a lien has been obtained by legal proceedings against the property of a debtor the debtor may, within thirty 30 days thereafter, make an assignment of all of the debtor's nonexempt property for the benefit of all of the debtor's creditors, whereupon such the lien shall be dissolved and the property shall be turned over to the assignee.

Note: Replaces word form of numbers with digits and other language for greater readability and conformity with current style.

253,113 Section 113 . 128.04 of the statutes is renumbered 128.001 (1) (intro.) and amended to read:

128.001 (1) (title) Definition of insolvency; time Insolvent. (intro.) A person shall be deemed is considered “insolvent within the provisions of this chapter" whenever any of the following conditions is met:

(a) The aggregate of the person's property, exclusive of any property which that the person may have conveyed, transferred, concealed or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay the person's creditors, shall not, at a fair valuation be sufficient in amount to pay the person's debts, or if an.

(b) An execution be against the person or the person's property is returned unsatisfied or if the.

(c) The person shall make makes an assignment for the benefit of creditors.

Note: Repositions and subdivides provision and replaces language for greater readability and conformity with current style.

253,114 Section 114 . 128.05 (1) of the statutes is amended to read:

128.05 (1) The assignee shall indorse endorse in writing the assignee's acceptance of the assignment, and shall file such the assignment with the clerk of the circuit court in the county where the debtor has his or her residence or principal place of business. The court shall, upon the filing of such the assignment, order such the assignee to administer the debtor's estate pursuant to this chapter, and the assignee shall be vested with the powers of a receiver.

Note: Replaces disfavored term.

253,115 Section 115 . 128.05 (2) of the statutes is amended to read:

128.05 (2) A certified copy thereof of an assignment filed under sub. (1) may be recorded in the office of the register of deeds of any county wherein lands are conveyed by such the assignment in the same manner and with the same effect as other conveyances.

Note: Inserts specific cross-reference and replaces disfavored term.

253,116 Section 116 . 128.07 (1) (intro.) and (b) of the statutes are created to read:

128.07 (1) Definitions. (intro.) In this section:

(b) “Recipient" means a person who receives a preference, or benefits from a preference, or that person's agent.

Note: Creates a definition subsection for the proper location of definitions in s. 128.07. The definition of “recipient" is created from language in sub.(2) in order to simplify and improve the clarity and readability of sub. (2).

253,117 Section 117 . 128.07 (1) of the statutes is renumbered 128.07 (1) (a) and amended to read: