1997 Wisconsin Act 35

Note: Inserts correct cross-reference. Section 71.05 (6) (b) 22., as created by 1995 Wis. Act 453, is renumbered to s. 71.05 (6) (b) 24. by this bill.

35,462 Section 462 . 632.898 (3) (c) of the statutes, as created by 1995 Wisconsin Act 453, is amended to read:

632.898 (3) (c) A self-employed person who establishes a medical savings account is not required to deposit in the account more than $2,000 per year for himself or herself if the self-employed person's coverage is single, or more than $2,000 per year for himself or herself, $2,000 per year for his or her spouse or $1,000 per year for each nonspouse dependent if the self-employed person's coverage is family. Beginning in 1998, the amounts specified in this paragraph shall be increased each year in the manner provided in s. 71.05 (6) (b) 22. 24.

Note: Inserts correct cross-reference. Section 71.05 (6) (b) 22., as crested by 1995 Wis. Act 453, is renumbered to s. 71.05 (6) (b) 24. by this bill.

35,463 Section 463 . 645.22 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

645.22 (1) (a) Direct the commissioner to take possession and control of all or a part of the property, books, accounts, documents and other records of an insurer and of the premises occupied by it for the transaction of its business, and.

Note: Deletes comma and word unintentionally retained by 1995 Wis. Act 225.

35,464 Section 464 . 646.01 (1) (a) 2. i. of the statutes, as created by 1995 Wisconsin Act 396, is renumbered 646.01 (1) (a) 2. j.

Note: 1995 Wis. Act 236 also created a s. 646.01 (1) (a) 2. i.

35,465 Section 465 . 706.05 (2m) (b) 2. of the statutes is amended to read:

706.05 (2m) (b) 2. Descriptions of property that is subject to liens granted on property thereafter acquired by a rural electric cooperative, or a telephone cooperative, organized under ch. 185, by a pipeline company under s. 76.02 (5b) (5), by a public utility under s. 196.01 (5) or by a railroad under s. 195.02 (1) or (5).

Note: This bill renumbers s. 76.02 (5b) to s. 76.02 (5).

35,466 Section 466 . 707.37 (4) (d) of the statutes, as affected by 1995 Wisconsin Acts 225 and 227, is amended to read:

707.37 (4) (d) A lien under s. 292.31 (8) (i), 144.77 292.41 (6) (d) or 292.81.

Note: “144.77" was added by 1995 Wis. Act 225, but was rendered surplusage by the treatment of this provision by 1995 Wis. Act 227.

35,467 Section 467 . 708.10 (1) (c) of the statutes, as created by 1995 Wisconsin Act 394, is amended to read:

708.10 (1) (c) “Lender" means all lenders identified under s. 706.11 (1), loan solicitors, as defined under s. 440.71 224.71 (2), and savings and loan associations organized under ch. 215, except that “lender" does not include any federal, state or local unit of government or any agency, political subdivision or instrumentality of such a unit of government.

Note: Inserts correct cross-reference. Section 440.71 was renumbered to s. 224.71 by 1995 Wis. Act 27.

35,468 Section 468 . 753.35 (1) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

753.35 (1) A circuit court may, subject to the approval of the chief judge of the judicial administrative district, adopt and amend rules governing practice in that court that are consistent with rules adopted under s. 751.12 and statutes relating to pleading, practice and procedure. The court shall file each adopted or amended rule with the clerk of circuit court. Except for a rule adopted or amended as an emergency rule, the court shall file an adopted or amended rule prior to the rule's effective date. The clerk of circuit court shall send a copy of the filed adopted or amended rule to the secretary of the local bar association in that circuit, the court administrator for that judicial administrative district, the state bar of Wisconsin and, the state law library and the office of the director of state courts. A person may submit to the court written comments on a rule for the court's consideration in determining whether revision of the rule is needed. The clerk of circuit court shall print and make available to the public, at cost, all rules adopted or amended under this section.

Note: 1995 Wis. Act 225 deleted the comma without showing it as stricken and inserted “and" without showing it as underscored. No change was intended.

35,469 Section 469 . 757.295 (1) to (3) of the statutes are amended to read:

757.295 (1) Soliciting legal business. Except as provided under SCR 20.08 20:7.1 to 20:7.5, no person may solicit legal matters or a retainer, written or oral, or any agreement authorizing an attorney to perform or render legal services.

(2) Solicitation of a retainer for an attorney. Except as provided under SCR 20.08 20:7.1 to 20:7.5, no person may communicate directly or indirectly with any attorney or person acting in the attorney's behalf for the purpose of aiding, assisting or abetting the attorney in the solicitation of legal matters or the procurement through solicitation of a retainer, written or oral, or any agreement authorizing the attorney to perform or render legal services.

(3) Employment by attorney of person to solicit legal matters. Except as provided under SCR 20.08 20:7.1 to 20:7.5, no attorney may employ any person for the purpose of soliciting legal matters or the procurement through solicitation of a retainer, written or oral, or of any agreement authorizing the attorney to perform or render legal services.

Note: Corrects cross-reference.

35,470 Section 470 . 767.001 (7) of the statutes, as created by 1995 Wisconsin Act 279, is amended to read:

767.001 (7) “Support collection designee" means the county support collection designee under s. 59.07 (97m) 59.53 (5m).

Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.

35,471 Section 471 . The amendment of 767.075 (2) (a) and (b) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 404. Both amendments stand.

Note: There is no conflict of substance.

35,472 Section 472 . The amendment of 767.08 (3) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 404. Both amendments stand.

Note: There is no conflict of substance.

35,473 Section 473 . The amendment of 767.15 (1) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 289. Both amendments stand.

Note: There is no conflict of substance.

35,474 Section 474 . The amendment of 767.24 (2) (b) 2. c. of the statutes by 1995 Wisconsin Act 275 is not repealed by 1995 Wisconsin Act 343. Both amendments stand.

Note: There is no conflict of substance.

35,475 Section 475 . The amendment of 767.25 (4m) (d) 2. of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 404. Both amendments stand.

Note: There is no conflict of substance.

35,476 Section 476 . 767.262 (4) (b) of the statutes, as affected by 1995 Wisconsin Acts 201 and 279, is amended to read:

767.262 (4) (b) The court may order payment of costs under this section by a county in an action in which the court finds that the record of payments and arrearages kept by the clerk of court under s. 59.40 (2) (h) or the support collection designee under s. 59.07 (97m) 59.53 (5m) (b) 1. is substantially incorrect and that the clerk of court or support collection designee has failed to correct the record within 30 days after having received information that the court determines is sufficient for making the correction.

Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.

35,477 Section 477 . The amendment of 767.27 (3) (b) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 404. Both amendments stand.

Note: There is no conflict of substance.

35,478 Section 478 . 767.29 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 9126 (19), and 1995 Wisconsin Act 404, is amended to read:

767.29 (1) All orders or judgments providing for temporary or permanent maintenance, child support or family support payments shall direct the payment of all such sums to the clerk of the court, or support collection designee in a county that has designated a support collection designee under s. 59.07 (97m) 59.53 (5m), for the use of the person for whom the same has been awarded. A party securing an order for temporary maintenance, child support or family support payments shall forthwith file the order, together with all pleadings in the action, with the clerk of the court or support collection designee. Except as provided in sub. (1m), the clerk or support collection designee shall disburse the money so received under the judgment or order within 15 days and take receipts therefor, unless the clerk or support collection designee is unable to disburse the moneys because they were paid by check or other draft drawn upon an account containing insufficient funds. All moneys received or disbursed under this section shall be entered in a record kept by the clerk or support collection designee, whichever is appropriate, which shall be open to inspection by the department for the administration of the child and spousal support and establishment of paternity program under s. 49.22, the parties to the action and their attorneys, and the family court commissioner. If the maintenance, child support or family support payments adjudged or ordered to be paid shall not be paid to the clerk or support collection designee at the time provided in the judgment or order, the clerk or support collection designee or the family court commissioner of the county shall take such proceedings as he or she considers advisable to secure the payment of the sum including enforcement by contempt proceedings under ch. 785 or by other means. Copies of any order issued to compel the payment shall be mailed to counsel who represented each party when the maintenance, child support or family support payments were awarded. In case any fees of officers in any of the proceedings, including the compensation of the family court commissioner at the rate of $50 per day unless the commissioner is on a salaried basis, is not collected from the person proceeded against, the fees shall be paid out of the county treasury upon the order of the presiding judge and the certificate of the clerk of court or support collection designee.

Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.

35,479 Section 479 . The amendment of 767.32 (1) (a) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 404. Both amendments stand.

Note: There is no conflict of substance.

35,480 Section 480 . 767.455 (5g) (form) 1. of the statutes, as affected by 1995 Wisconsin Act 100, is amended to read:

767.455 (5g) (form) 1. You have been named in a petition alleging paternity. A judgment of paternity would legally designate the child as your child, grant parental rights to you, create the right of inheritance for the child, obligate you to pay child support until the child reaches the age of 18, or the age of 19 if the child is enrolled full-time in high school or its equivalent, and make your failure to pay child support punishable by imprisonment as a contempt of court or as a criminal violation.

Note: Inserts missing word.

35,481 Section 481 . The amendment of 767.455 (5g) (form) 2. of the statutes by 1995 Wisconsin Act 27 is not repealed by 1995 Wisconsin Act 100. Both amendments stand.

Note: There is no conflict of substance.

35,482 Section 482 . The amendment of 767.51 (3m) (d) 2. of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 404. Both amendments stand.

Note: There is no conflict of substance.

35,483 Section 483 . 767.52 (2m) of the statutes, as affected by 1995 Wisconsin Acts 27 and 100, is amended to read:

767.52 (2m) Representation by an attorney appointed under sub. (1) shall be provided only after the results of any genetic tests that were ordered by the court have been completed and only if all of the results fail to show that the alleged father is excluded and fail to give rise to the rebuttable presumption under s. 767.48 (1m) that the alleged father is the father of the child. genetic

Note: 1995 Wis. Act 27 deleted the last sentence of this provision, rendering the insertion of “genetic" by 1995 Wis. Act 100 surplusage.

35,484 Section 484 . The amendment of 767.52 (3) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 404. Both amendments stand.

Note: There is no conflict of substance.

35,485 Section 485 . 779.01 (4) of the statutes, as affected by 1995 Wisconsin Acts 225 and 227, is amended to read:

779.01 (4) Priority of construction lien. The lien provided in sub. (3) shall be prior to any lien which originates subsequent to the visible commencement in place of the work of improvement, except as otherwise provided by ss. 144.77 (6) (d) 215.21 (4) (a), 292.31 (8) (i), 292.41 (6) (d), 292.81 and 706.11 (1). When new construction is the principal improvement involved, commencement is deemed considered to occur no earlier than the beginning of substantial excavation for the foundations, footings or base of the new construction, except where the new construction is to be added to a substantial existing structure, in which case the commencement is the time of the beginning of substantial excavation or the time of the beginning of substantial preparation of the existing structure to receive the added new construction, whichever is earlier. The lien also shall be prior to any unrecorded mortgage given prior to the commencement of the work of improvement, if the lien claimant has no actual notice of the mortgage before the commencement. Lien claimants who perform work or procure its performance or furnish any labor or materials or plans or specifications for an improvement prior to the visible commencement of the work of improvement shall have lien rights, but shall have only the priority accorded to other lien claimants.

Note: Section “144.77" was added by 1995 Wis. Act 225, but was rendered surplusage by the treatment of this provision by 1995 Wis. Act 227.

35,486 Section 486 . 779.40 (1) of the statutes, as affected by 1995 Wisconsin Acts 225 and 227, is amended to read:

779.40 (1) Any person who shall perform any labor for an employer not the owner of the real estate, engaged in quarrying, crushing, cutting or otherwise preparing stone for use or for manufacturing lime and any bona fide holder of any draft, time check or order for the payment of money due for any such labor issued by such employer, shall have a lien for wages owed and for the amount due on such draft, check or order upon the personal property connected with such industry owned by such employer, including interest in the product of such quarry or factory and machinery and other personal property used in the operation of such quarry or factory, and all interest in any lease of the real estate connected with such business, which lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such employer, except taxes, fines or penalties and mortgages or judgments recorded or entered before such labor is performed and except liens under ss. 292.31 (8) (i), 144.77 292.41 (6) (d) and 292.81.

Note: Section “144.77" was added by 1995 Wis. Act 225, but was rendered surplusage by the treatment of this provision by 1995 Wis. Act 227.

35,487 Section 487 . 779.41 (1m) of the statutes, as created by 1995 Wisconsin Act 331, is renumbered 779.41 (1s).

Note: 1995 Wis. Act 107 also created an s. 779.41 (1m).

35,488 Section 488 . 803.01 (2) of the statutes is amended to read:

803.01 (2) Representatives. A personal representative, executor, administrator, guardian, bailee, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in the party's own name without joining the person for whose benefit the action is brought. A partner asserting a partnership claim may sue in the partner's own name without joining the other members of the partnership, but the partner shall indicate in the pleading that the claim asserted belongs to the partnership.

Note: Corrects error in transcribing chapter 218, laws of 1975.

35,489 Section 489 . 803.03 (3) (intro.) of the statutes is amended to read:

803.03 (3) Determination by court whenever joinder not feasible. (intro.) If any such person has not been so joined, the judge to whom the case has been assigned shall order that the person be made a party. If the party person should join as a plaintiff but refuses to do so, the party person may be made a defendant, or, in a proper case, an involuntary plaintiff. If a person as described in subs. (1) and (2) cannot be made a party, the court shall determine whether in equity and good conscience the action should proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include:

Note: Corrects error in transcribing chapter 218, laws of 1975.

35,490 Section 490 . 804.01 (2) (d) (intro.), 1. and 2. of the statutes are amended to read:

804.01 (2) (d) Trial preparation: experts. (intro.) Discovery of facts known and opinions held by experts, otherwise discoverable under par. (a) and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows:

1. A party may through written interrogatories require any other party to identify each person whom the other party expects to call as an expert witness at trial. A party may depose any person who has been identified as an expert whose opinions may be presented at trial. Upon motion, the court may order further discovery by other means, subject to such restrictions as to scope and such provisions, pursuant to subd. 3. concerning fees and expenses as the court may deem considers appropriate.

2. A party may, through written interrogatories or by deposition, discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial only upon a motion showing of that exceptional circumstances exist under which it is impracticable for the party seeking discovery to obtain facts or opinions on the same subject by other means.

Note: Effectuates the treatment of this provision by Supreme Court Order 95-03 which was inadvertently not included in the 1995-96 Statutes.

35,491 Section 491 . 804.05 (2) (c) of the statutes is amended to read:

804.05 (2) (c) The court may upon motion order that the testimony at a deposition be recorded by other than stenographic means or videotape means as provided in ss. 885.40 to 885.47, in which event the order shall designate the manner of recording, preserving, and filing the deposition, and may include other provisions to assure that the recorded testimony will be accurate and trustworthy. If the order is made, a party may nevertheless arrange to have a stenographic transcription made at the party's own expense.

Note: Removes punctuation. Corrects error in transcribing chapter 218, laws of 1975; “own" was deleted by that chapter.

35,492 Section 492 . 808.03 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Acts 139 and 224, is amended to read:

808.03 (1) Appeals as of right. (intro.) A final judgment or a final order of a circuit court may be appealed as a matter of right to the court of appeals unless otherwise expressly provided by law. A final judgment or final order is a judgment, order or disposition court record that disposes of the entire matter in litigation as to one or more of the parties, whether rendered in an action or special proceeding, and that is one of the following:

Note: The treatment of this provision by 1995 Wis. Act 139 rendered the insertion of “court record" by 1995 Wis. Act 224 surplusage.

35,493 Section 493 . 808.075 (4) (fn) 4. of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

808.075 (4) (fn) 4. Hearing for child juvenile held in custody under s. 938.21.

Note: Replaces “child" with “juvenile" for consistency of references with language of ch. 938.