AB378: Bill Text

Note: Inserts correct cross-reference. Section 20.124, the appropriation for the office of the commissioner of banking, was repealed by 1995 Wis. Act 27. The office of the commissioner of banking was replaced by the department of financial institutions, the appropriation for which appears at s. 20.144. The percentage and appropriation now appear at s. 20.144 (1) (g).

AB378, s. 372 Section 372. The amendment of 223.08 of the statutes by 1995 Wisconsin Act 336 is not repealed by 1995 Wisconsin Act 417. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 373 Section 373. 223.105 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB378,137,10 223.105 (4) Notice of fiduciary operation. Except for those organizations licensed under ch. 221 or this chapter, any organization engaged in fiduciary operations as defined in this section shall, as required by rule, notify the division of banking, the office of credit unions or the division of savings and loan of that fact, directing the notice to the agency then exercising regulatory authority over the organization or, if there is none, to the division of banking. Any organization which intends to engage in fiduciary operations shall, prior to engaging in such operations, notify the appropriate agency of this intention. The notifications required under this subsection shall be on forms and contain information required by the rules promulgated by the division of banking.

Note: Inserts missing word.

AB378, s. 374 Section 374. 223.12 (2) of the statutes, as affected by 1995 Wisconsin Act 273, section 8, is amended to read:

AB378,138,9 223.12 (2) Service of process. Any foreign corporation acting in this state in a fiduciary capacity is considered to have appointed the division of banking to be its true and lawful attorney upon whom may be served all legal process in any action or proceeding against it relating to or growing out of any trust, estate or matter in respect of which the foreign corporation has acted or is acting in this state in any such fiduciary capacity. Engagement in this state in any acts in a fiduciary capacity signifies agreement that any process against the foreign corporation which is served under this subsection shall be of the same legal force and validity as though served upon the foreign corporation personally. Service of process under this subsection shall be made by delivering to the division of banking a copy of the process, together with any fee for service of process required by the commissioner division. Service of process is sufficient if notice of such service and a copy of the process are, within 10 days after delivery to the division of banking, sent by registered mail by the plaintiff to the defendant at its principal office in such other state or territory and the plaintiff's affidavit of compliance with this requirement is appended to the summons. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action. The fee paid by the plaintiff to the division at the time of the service may be recovered as taxable costs by the plaintiff if the plaintiff prevails in the action. The division shall keep a record of all processes served upon the division under this subsection and shall record the time of the service.

Note: 1995 Wis. Act 273 inserted "division" without showing it underscored and deleted "commissioner" without showing it stricken. The change was intended.

AB378, s. 375 Section 375. 223.12 (4) (c) of the statutes, as affected by 1995 Wisconsin Act 273, section 11, is amended to read:

AB378,138,14 223.12 (4) (c) Each foreign corporation making application for a certificate of authority shall pay reasonable fees to the office of the division of banking as determined by the division for the services of that division.

Note: 1995 Wis. Act 273 deleted "office of the" without showing it stricken. The change was intended.

AB378, s. 376 Section 376. 224.72 (5) (b) 1. of the statutes, as affected by 1995 Wisconsin Act 465, is amended to read:

AB378,138,22 224.72 (5) (b) 1. Upon receiving a properly completed application for registration as a mortgage banker, the fee specified in sub. (8) (b) and, except as provided in s. 224.85 (2), satisfactory evidence of compliance with sub. (4), the department shall issue to the applicant a temporary certificate of registration as a mortgage banker. A temporary certificate of registration is valid for 6 months after the date of issuance.

Note: 1995 Wis. Act 465 deleted "in" without showing it as stricken. No change was intended.

AB378, s. 377 Section 377. 226.14 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB378,139,23 226.14 (1) No common law trust organized in this state, and no such trust formed or organized under or by authority of the laws of any state or foreign jurisdiction, for the purpose of doing business under a declaration of trust which shall have issued to five 5 or more persons, or which shall sell or propose to sell beneficial interests, certificates or memberships therein, shall transact business, or acquire, hold or dispose of property in this state until the trustees named in said declaration of trust shall have caused to be filed with the department of financial institutions the original declaration of trust, or a true copy thereof, and all amendments which may be made, verified as such by the affidavits of two 2 of the signers thereof. A like verified copy of the declaration and such amendments, and a certificate of the department of financial institutions, showing the date when such declaration was filed and accepted by the department of financial institutions, within thirty 30 days of such filing and acceptance, shall be recorded with the register of deeds of the county in which such trust has its principal office or place of business in this state. No such trust shall transact business in this state until such declaration or such copy thereof be left for record. The register of deeds shall forthwith transmit to the department of financial institutions a certificate stating the time when such copy was recorded and shall be entitled to a fee of twenty-five 25 cents therefor, to be paid by the person presenting such papers for record. Upon receipt of such certificate the department of financial institutions shall issue to said trustees a certificate of filing.

Note: Corrects error in transcribing 1991 Wis. Act 316 and replaces word form of number with digits for conformity with current style.

AB378, s. 378 Section 378. 227.01 (13) (zs) of the statutes, as created by 1995 Wisconsin Act 363, is renumbered 227.01 (13) (zt).

Note: 1995 Wis. Act 289 also created a s. 227.01 (13) (zs).

AB378, s. 379 Section 379. 233.04 (7s) of the statutes, as affected by 1995 Wisconsin Act 216, is amended to read:

AB378,140,7 233.04 (7s) Prior to the initial 5-year review by the joint committee on finance under s. 13.094, notify the legislative audit bureau and cooperate with the legislative audit bureau in its performance of the audit required under s. 13.94 (1) (o).

Note: The underscored language was added by 1995 Wis. Act 216 without being shown as underscored. The change was intended.

AB378, s. 380 Section 380. 234.15 (3) (a) 1. of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

AB378,140,12 234.15 (3) (a) 1. All interest payable during the fiscal year on all bonds secured in whole or in part by the capital reserve fund outstanding on the date of computation.

Note: "[T]he" is added to improve grammar.

AB378, s. 381 Section 381. The amendment of 234.265 (2) of the statutes by 1995 Wisconsin Act 116 is not repealed by 1995 Wisconsin Act 150. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 382 Section 382. 234.54 (3) (b) of the statutes, as affected by 1995 Wisconsin Act 225, is amended to read:

AB378,141,5 234.54 (3) (b) The annual debt service calculation made under par. (a) shall be calculated on the assumption that the bonds will after the date of computation cease to be outstanding by reason, but only by reason, of the payment of bonds when due, and the payment when due and application in accordance with the resolution authorizing those bonds, of all of the sinking fund payments payable at or after the date of computation. However, in computing the annual debt service for any calendar year, bonds considered to have been paid in accordance with the defeasance provisions of the resolution of the authority authorizing the issuance thereof shall may not be included in bonds outstanding on the date of computation.

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

AB378, s. 383 Section 383. 243.10 (9) (i) of the statutes is amended to read:

AB378,141,10 243.10 (9) (i) Prepare, sign, file and deliver reports, compilations of information, returns or other papers with respect to a business which are required by a governmental agency or instrumentality or which the agent considers desirable, and make related payments.

Note: Inserts missing period.

AB378, s. 384 Section 384. 252.14 (1) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB378,141,18 252.14 (1) (d) "Inpatient health care facility" means a hospital, nursing home, community-based residential facility, county home, county mental health complex, tuberculosis sanatorium or other place licensed or approved by the department under ss. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 and 252.076 or a facility under s. 45.365, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10 or ch. 142.

Note: 1995 Wis. Act 27 renumbered ch. 142 to be ss. 233.40 to 233.42 effective 6-29-96.

AB378, s. 385 Section 385. 281.13 (1) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act 227, section 372, and 1995 Wisconsin Act 378, section 40, is amended to read:

AB378,142,3 281.13 (1) (a) (intro.) Act The department is authorized to act with the U.S. geological survey in determining the sanitary and other conditions and nature of the natural water sources in this state, for the following purposes:

Note: The underscored language was deleted in an early draft of 1995 Wis. Act 378 and replaced with a section "(intro.)". The section "(intro.)" was dropped but this provision was not changed accordingly, leaving it incomplete.

AB378, s. 386 Section 386. The treatment of 281.17 (3) of the statutes, as renumbered, by 1995 Wisconsin Act 227, section 387, is not repealed by 1995 Wisconsin Act 378, section 43. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 281.17 (3) by 1995 Wis. Act 227.

AB378, s. 387 Section 387. 281.43 (2) (a) 3. of the statutes, as affected by 1995 Wisconsin Act 225, section 408, and 1995 Wisconsin Act 227, section 408, is amended to read:

AB378,142,16 281.43 (2) (a) 3. If the service rendered does not come under the provisions of a) or b) subd. 1. or 2., the charges for the service shall be placed upon the tax roll of the member governmental unit as a special tax upon each parcel of real estate benefited; and when collected it shall be paid to the treasurer of the member governmental unit rendering the service. Where the charges are to be extended on the tax roll under the provisions of this subdivision, the clerk of the member governmental unit furnishing the service shall itemize the statement showing separately the amount charged to each parcel of real estate benefited.

Note: 1995 Wis. Act 225 deleted "a) or b)" without showing it as stricken. The change was intended.

AB378, s. 388 Section 388. The treatment of 281.53 (1) of the statutes, as renumbered, by 1995 Wisconsin Act 227, section 399, is not repealed by 1995 Wisconsin Act 378, section 44. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 281.53 (1) by 1995 Wisconsin Act 227.

AB378, s. 389 Section 389. 285.01 (6) of the statutes, as affected by 1995 Wisconsin Act 227, is renumbered 285.01 (9m).

Note: Alphabetizes definitions consistent with current style.

AB378, s. 390 Section 390. 285.60 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 4310, and 1995 Wisconsin Act 227, section 485, is amended to read:

AB378,143,8 285.60 (2) (a) Operation permit requirement. Except as provided in sub. (6) or s. 285.62 (8), no person may operate an existing source after the operation permit requirement date specified under s. 285.62 (11) (a) unless the person has an operation permit under s. 144.3925 285.62 from the department.

Note: Inserts correct cross-reference. The prior reference was inserted by 1995 Wis. Act 27 and was not taken into account by 1995 Wis. Act 227.

AB378, s. 391 Section 391. The treatment of 285.62 (8) of the statutes, as renumbered, by 1995 Wisconsin Act 27, section 4312, is not repealed by 1995 Wisconsin Act 227, section 487. Both treatments stand.

Note: There is no conflict of substance. 1995 Wis. Act 227 stated that the treatment of this provision by that act was as affected by 1995 Wis. Act 27, but it was not. This provision was renumbered to s. 285.62 (8) by Act 227.

AB378, s. 392 Section 392. The treatment of 285.69 (2) (b) of the statutes, as renumbered, by 1995 Wisconsin Act 27, section 4316, is not repealed by 1995 Wisconsin Act 227, section 496. Both treatments stand.

Note: There is no conflict of substance. 1995 Wis. Act 227 stated that the treatment of this provision by that act was as affected by 1995 Wis. Act 27, but it was not. This provision was renumbered to s. 285.69 (2) (b) by Act 227.

AB378, s. 393 Section 393. The amendment of 287.01 (9) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 601, is not repealed by 1995 Wisconsin Act 227, section 885. Both treatments stand.

Note: There is no conflict of substance. This provision is renumbered to s. 287.01 (9) by 1995 Wis. act 227.

AB378, s. 394 Section 394. 289.24 (4) (title) of the statutes is created to read:

AB378,144,1 289.24 (4) (title) Distribution.

Note: The other subsections of s. 289.24 have titles.

AB378, s. 395 Section 395. 289.33 (3) (d) of the statutes, as affected by 1995 Wisconsin Act 201, section 596, and 1995 Wisconsin Act 227, section 626, is amended to read:

AB378,144,20 289.33 (3) (d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (10), (11), (12), (13), (14), (15), (19), (20),(51), (52) and (53) (23) , 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), and (26), (28), (30), (31), (32) and (33) 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (4), (5), (6), (7), (8), (9), (10) and (11), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.01, 66.052, 66.24 (8), 87.30, 91.73, 196.58, 236.45, 281.43 or 349.16 or subch. VIII of ch. 60.

Note: 1995 Wis. Act 201 renumbered the provisions of ch. 59. The cross-references in this provision were amended according to the original draft of Act 201, but not all subsequent changes were accounted for.

AB378, s. 396 Section 396. The treatment of 289.41 (1m) (b) 1. of the statutes, as renumbered, by 1995 Wisconsin Act 227, section 588, is not repealed by 1995 Wisconsin Act 377, section 1. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 289.41 (1m) (b) 1 by Act 227.

AB378, s. 397 Section 397. The amendment of 289.43 (7) (c) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 595, is not repealed by 1995 Wisconsin Act 227, section 580. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 289.43 (7) (c) by Act 227.

AB378, s. 398 Section 398. 292.11 (9) (d) 1. d. of the statutes, as affected by 1995 Wisconsin Act 227, section 707, is amended to read:

AB378,145,12 292.11 (9) (d) 1. d. "Registered" means registered under the federal insecticide, fungicide, and rodenticide act, as amended (7 USC 136 et. seq.), and regulations issued under that act or registered under the rules of the department of agriculture, trade and consumer protection.

Note: Deletes unnecessary period.

AB378, s. 399 Section 399. The amendment of 295.13 (1) of the statutes, as renumbered, by 1995 Wisconsin Act 201, section 598, is not repealed by 1995 Wisconsin Act 227, section 803. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 295.13 (1) by 1995 Wis. Act 227.

AB378, s. 400 Section 400. The amendment of 295.13 (2) of the statutes, as renumbered, by 1995 Wisconsin Act 225, section 411, is not repealed by 1995 Wisconsin Act 227, section 803. Both treatments stand.

Note: There is no conflict of substance. This provision was renumbered to s. 295.13 (2) by 1995 Wis. Act 227.

AB378, s. 401 Section 401. 299.95 of the statutes, as affected by 1995 Wisconsin Act 227, section 829, and 1995 Wisconsin Act 290, section 12, is amended to read:

AB378,146,17 299.95 Enforcement; duty of department of justice; expenses. The attorney general shall enforce chs. 281 to 285 and 289 to 295 and this chapter, except ss., and 144.783 281.48, 285.57 and, 285.59 and 299.64, and all rules, special orders, licenses, plan approvals and permits of the department, except those promulgated or issued under ss., and 144.783 281.48, 285.57 and, 285.59 and 299.64. The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval or permit by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where chs. 281 to 285 and 289 to 295 or this chapter or the rule, special order, license, plan approval or permit prohibits in whole or in part any pollution, a violation is deemed considered a public nuisance. The department of natural resources may enter into agreements with the department of justice to assist with the administration of chs. 281 to 285 and 289 to 295 and this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

Note: This bill renumbers s. 144.783 to s. 299.64. References in this provision to "this chapter" were changed by 1995 Wis. Act 227 to "chs. 281 to 285 and 289 to 295 and this chapter" to reflect the replacement of ch. 144 with several new chapters. The last reference was inadvertently retained.

AB378, s. 402 Section 402. 299.97 (1) of the statutes, as affected by 1995 Wisconsin Act 227, section 830, and 1995 Wisconsin Act 290, section 14, is amended to read:

AB378,147,2 299.97 (1) Any person who violates this chapter, except s. 144.78 (2), 144.783 (2), 299.15 (1), 299.51 (4) (b) or, 299.53 (2) (a) or (3), 299.62 (2) or 299.64 (2), or any rule promulgated or any plan approval, license or special order issued under this chapter, except under those sections, shall forfeit not less than $10 nor more than $5,000, for each violation. Each day of continued violation is a separate offense. While the order is suspended, stayed or enjoined, this penalty does not accrue.

Note: This bill renumbers ss. 144.78 and 144.783 to ss. 299.62 and 299.64.

AB378, s. 403 Section 403. 301.03 (10) (c) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

AB378,147,13 301.03 (10) (c) Promote the enforcement of laws for the protection of delinquent children. To this end, the department shall cooperate with courts assigned to exercise jurisdiction under chs. 48 and 938, county departments under s. ss. 46.215, 46.22 and 46.23 and licensed child welfare agencies and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent children. The department shall also establish and enforce standards for the development and delivery of services provided by the department under ch. 938 in regard to children juveniles who have been adjudicated delinquent.

Note: Replaces "children" with "juveniles" for consistency of references with language of ch. 938.

AB378, s. 404 Section 404. 301.03 (10) (g) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

AB378,147,20 301.03 (10) (g) Keep statistics, by race, age and gender, of the number of juveniles over whom the court assigned to exercise jurisdiction under chs. 48 and 938 waives its jurisdiction under s. 938.18 as well as the nature of the waiver that was ordered and annually report those statistics to the governor, and to the appropriate standing committees under s. 13.172 (3).

Note: Inserts missing word.

AB378, s. 405 Section 405. The amendment of 301.031 (1) (a) of the statutes by 1995 Wisconsin Act 77 is not repealed by 1995 Wisconsin Act 225. Both amendments stand.

Note: There is no conflict of substance.