AB378: Bill Text

Note: There is no conflict of substance.

AB378, s. 426 Section 426. 343.10 (5) (b) of the statutes, as affected by 1995 Wisconsin Acts 401 and 448, is amended to read:

AB378,156,5 343.10 (5) (b) Limitations. Occupational licenses are subject to the limitations specified in ss. 343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b) and (em), 343.31 (3m), 343.32 (1m) and, 767.303 and 961.50.

Note: Corrects phrasing that resulted from merging the treatment by Wis. Acts 401 and 448.

AB378, s. 427 Section 427. 343.10 (6) of the statutes, as affected by 1995 Wisconsin Acts 201 and 269, is amended to read:

AB378,156,9 343.10 (6) Fee. No person may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the department 59.25 (3) (m).

Note: The stricken language was inserted by 1995 Wis. Act 201, but was rendered surplusage by the treatment of this provision by 1995 Wis. Act 269.

AB378, s. 428 Section 428. The treatments of 343.23 (2) of the statutes by 1995 Wisconsin Acts 113 and 184 are not repealed by 1995 Wisconsin Act 338. All treatments stand.

Note: There is no conflict of substance.

AB378, s. 429 Section 429. 343.30 (5) of the statutes, as affected by 1995 Wisconsin Act 448, section 346, is amended to read:

AB378,157,2 343.30 (5) No court may suspend or revoke an operating privilege except as authorized by this chapter or ch. 345, 351 or 938 or s. 767.303, 800.09 (1) (c), 800.095 (4) (b) 4. or 961.50. When a court revokes, suspends or restricts a child's juvenile's operating privilege under ch. 938, the department of transportation shall not disclose information concerning or relating to the revocation, suspension or restriction to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, or the minor whose operating privilege is revoked, suspended or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies.

Note: 1995 Wis. Act 448, section 346, repealed and recreated this provision without taking into account the treatments of this provision by 1995 Wis. Acts 338 and 401, which are added here. Replaces "child" with "juvenile" for consistency of references with the language of ch. 938.

AB378, s. 430 Section 430. The amendment of 343.305 (5) (d) of the statutes by 1995 Wisconsin Act 436 is not repealed by 1995 Wisconsin Act 448. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 431 Section 431. 343.305 (9) (d) of the statutes is amended to read:

AB378,157,14 343.305 (9) (d) At the close of the hearing, or within 5 days thereafter, the court shall determine the issues under par. (a) 5. or (am) 5. If all issues are determined adversely to the person, the court shall proceed under sub. (10). If one or more of the issues is determined favorably to the person, the court shall order that no action be taken on the operating privilege on account of the person's refusal to take the test in question. This section does not preclude the prosecution of the person for violation of s. 346.63 (1), (2m), (5) or (7) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6), 940.09 (1) or 940.25.

Note: Inserts missing word.

AB378, s. 432 Section 432. The amendment of 343.305 (10) (em) of the statutes by 1995 Wisconsin Act 113 is not repealed by 1995 Wisconsin Act 425. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 433 Section 433. 346.57 (4) (a) to (g) and (i) to (k) of the statutes are amended to read:

AB378,158,3 346.57 (4) (a) 15 Fifteen miles per hour when passing a schoolhouse at those times when children are going to or from school or are playing within the sidewalk area at or about the school.

AB378,158,6 (b) 15 Fifteen miles per hour when passing an intersection properly marked with a "school crossing" sign of a type approved by the department when children are present.

AB378,158,9 (c) 15 Fifteen miles per hour when passing a safety zone occupied by pedestrians and at which a public passenger vehicle has stopped for the purpose of receiving or discharging passengers.

AB378,158,10 (d) 15 Fifteen miles per hour in any alley.

AB378,158,12 (e) 25 Twenty-five miles per hour on any highway within the corporate limits of a city or village, other than on highways in outlying districts in such city or village.

AB378,158,14 (em) 25 Twenty-five miles per hour on any service road within the corporate limits of a city or village unless modified by the authority in charge of the highway.

AB378,158,16 (f) 35 Thirty-five miles per hour in any outlying district within the corporate limits of a city or village.

AB378,158,18 (g) 35 Thirty-five miles per hour on any highway in a semiurban district outside the corporate limits of a city or village.

AB378,159,2 (i) 15 Fifteen miles per hour on any street or town road, except a state trunk highway or connecting highway, within, contiguous to or adjacent to a public park or recreation area when children are going to or from or are playing within such area, when the local authority has enacted an ordinance regulating such traffic and has properly marked such area with official traffic control devices erected at such points as said authority deems necessary and at those points on the streets or town roads concerned where persons traversing the same would enter such area from an area where a different speed limit is in effect.

AB378,159,8 (j) 35 Thirty-five miles per hour on any town road where on either side of the highway within any 1,000 feet along such highway the buildings in use for business, industrial or residential purposes fronting thereon average less than 150 feet apart, provided the town board has adopted an ordinance determining such speed limit and has posted signs at such points as the town board deems necessary to give adequate warning to users of the town road.

AB378,159,10 (k) 45 Forty-five miles per hour on any highway designated as a rustic road under s. 83.42.

Note: Changes digits to words consistent with current style for the treatment of numbers that begin statutory units.

AB378, s. 434 Section 434. 346.57 (4) (gm) of the statutes, as affected by1995 Wisconsin Act 318, is amended to read:

AB378,159,13 346.57 (4) (gm) 65 Sixty-five miles per hour on any freeway or expressway.

Note: Changes digits to words consistent with current style for the treatment of numbers that begin statutory units.

AB378, s. 435 Section 435. The amendment of 348.27 (9m) of the statutes by 1995 Wisconsin Act 113 is not repealed by 1995 Wisconsin Act 163. Both treatments stand.

Note: There is no conflict of substance.

AB378, s. 436 Section 436. 348.27 (12) of the statutes is amended to read:

AB378,160,3 348.27 (12) Transportation of garbage or refuse. The department may issue an annual or consecutive month permit for the transportation of garbage, as defined in s. 289.01 (9), or refuse, in a self-compactor equipped vehicle which exceeds statutory weight and length limitations and for the return of the vehicle when empty. A permit under this subsection may be issued for use on any highway within this state. In this subsection, "refuse" means combustible and noncombustible rubbish, including paper, wood, metal, glass, cloth an and products thereof, litter and street rubbish, ashes, and lumber, concrete and other debris resulting from the construction or demolition of structures.

Note: Corrects spelling.

AB378, s. 437 Section 437. 349.135 of the statutes, as created by 1995 Wisconsin Act 434, is renumbered 349.137.

Note: 1995 Wis. Act 373 also created an s. 349.135.

AB378, s. 438 Section 438. 349.135 (1) of the statutes, as created by 1995 Wisconsin Act 373, is amended to read:

AB378,160,17 349.135 (1) Notwithstanding s. 346.94 (16), the governing body of any town, city, village or county may, by ordinance, provide that, except as provided in s. 347.38 (1), no person may operate or park, stop or leave standing a motor vehicle while using a radio or other electric sound amplification devise device emitting sound from the vehicle that is clearly audible under normal conditions from a distance of 50 or more feet, unless the electric sound amplification device is being used to request assistance or warn against an unsafe condition. The ordinance may provide that any person violating the ordinance may be required to forfeit not less than $40 nor more than $80 for the first violation and not less than $100 nor more than $200 for the 2nd or subsequent violation within a year.

Note: Corrects spelling.

AB378, s. 439 Section 439. 350.01 (6) of the statutes is amended to read:

AB378,160,20 350.01 (6) "Head lamp" "Headlamp" has the meaning designated in s. 340.01 (21).

Note: Makes spelling consistent with s. 340.01 (21).

AB378, s. 440 Section 440. 350.01 (6m) of the statutes is amended to read:

AB378,161,3 350.01 (6m) "Head lamp Headlamp barrier" means a fence, natural growth, difference in elevation or other means of restricting the view that users of an adjacent roadway have of head lamps headlamps on a snowmobile trail.

Note: Makes spelling consistent with s. 340.01 (21).

AB378, s. 441 Section 441. 351.07 (1g) of the statutes, as created by 1995 Wisconsin Act 269, is amended to read:

AB378,161,10 351.07 (1g) No person may file a petition for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the clerk of the circuit court. The clerk of the circuit court shall give the person a receipt and forward the fee to the county treasurer. That treasurer shall pay 50% of the fee to the state treasurer under s. 59.20 (8r) 59.25 (3) (m) and retain the balance for the use of the county.

Note: Inserts correct cross-reference. Section 59.20 (8r) was renumbered to s. 59.25 (3) (m) by 1995 Wis. Act 201.

AB378, s. 442 Section 442. 402.305 (3) of the statutes is amended to read:

AB378,161,14 402.305 (3) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other party may at his or her option treat the contract as canceled or fix a reasonable price.

Note: Corrects error in transcribing 1991 Wis. Act 316.

AB378, s. 443 Section 443. 404.501 of the statutes, as affected by 1995 Wisconsin Act 449, is amended to read:

AB378,161,22 404.501 Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor. A bank that takes a documentary draft for collection shall prepare present or send the draft and accompanying documents for presentment and, upon learning that the draft has not been paid or accepted in due course, shall seasonably notify its customer of the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right.

Note: Corrects error in transcribing chapter 158, laws of 1963.

AB378, s. 444 Section 444. 408.313 (3) of the statutes is amended to read:

AB378,162,9 408.313 (3) Notice of an adverse claim received by the financial intermediary or by the purchaser after the financial intermediary takes delivery of a certificated security as a holder for value or after the transfer, pledge or release of an uncertificated security has been registered free of the claim to a financial intermediary who has given value is not effective either as to the financial intermediary or as to the purchaser. However, as between the financial intermediary and the purchaser, the purchaser may demand transfer of an equivalent security as to which no notice of adverse claim has been received.

Note: Inserts comma.

AB378, s. 445 Section 445. 408.316 of the statutes is amended to read:

AB378,162,20 408.316 Purchaser's right to requisites for registration of transfer, pledge or release on books. Unless otherwise agreed, the transferor of a certificated security or the transferor, pledgor or pledgee of an uncertificated security on due demand must supply his or her purchaser with any proof of his or her authority to transfer, pledge or release or with any other requisite necessary to obtain registration of the transfer, pledge or release of the security; but if the transfer, pledge or release is not for value a transferor need not do so unless the purchaser furnishes the necessary expenses. Failure within a reasonable time to comply with a demand made gives the purchaser the right to reject or rescind the transfer, pledge or release.

Note: Adds comma.

AB378, s. 446 Section 446. 422.201 (1) of the statutes is amended to read:

AB378,163,4 422.201 (1) With respect to a consumer credit transaction other than one pursuant to an open-end credit plan, the parties may agree to the payment by the customer of a finance charge not in excess of that permitted by subs. (2) to (4) and (3).

Note: Section 422.201 (4) was repealed by 1995 Wis. Act 329.

AB378, s. 447 Section 447. The amendment of 426.104 (2) (intro.) of the statutes by 1995 Wisconsin Act 216 is not repealed by 1995 Wisconsin Act 329. Both amendments stand.

Note: There is no conflict of substance.

AB378, s. 448 Section 448. 440.01 (2) (cm) of the statutes, as created by 1995 Wisconsin Act 333, is renumbered 440.01 (2) (cs).

Note: 1995 Wis. Act 233 also created an s. 440.01 (2) (cm).

AB378, s. 449 Section 449. 448.525 (2) of the statutes, as created by 1995 Wisconsin Act 166, is amended to read:

AB378,163,16 448.525 (2) The affiliated credentialing board may promulgate rules relating to the circumstances under which and the extent to which a chiropractor licensed under this chapter ch. 446 may claim to render physical therapy or physiotherapy services within the scope of the practice of chiropractic only as provided under sub. (1).

Note: Inserts correct cross-reference. Chiropractors are licensed under ch. 446.

AB378, s. 450 Section 450. The treatment of 455.02 (2m) (d) of the statutes, as renumbered, by 1995 Wisconsin Act 188, section 11, is not repealed by 1995 Wisconsin Act 225, section 466. Both treatments stand.

Note: There is no conflict of substance.

AB378, s. 451 Section 451. 455.07 (3) of the statutes is amended to read:

AB378,163,21 455.07 (3) The late renewal fees are specified under s. 440.08 (3) (a).

Note: Corrects error in transcribing 1991 Wis. Act 39.

AB378, s. 452 Section 452. 458.01 (11) of the statutes is amended to read:

AB378,164,4 458.01 (11) "General appraiser" means an individual who conducts appraisals of commercial real estate, or of both commercial real estate, and residential real estate, without regard to transaction value.

Note: Corrects error in transcribing 1991 Wis. Act 78.

AB378, s. 453 Section 453. 553.51 (4) of the statutes, as affected by 1995 Wisconsin Act 415, section 9, is amended to read:

AB378,164,13 553.51 (4) No action may be maintained against any person to enforce any liability under this section unless it is brought before the expiration of 3 years after the act or transaction constituting the violation upon which the liability is based or 90 days after delivery to the franchisee of a written notice from or on behalf of that person disclosing that discloses any violation of s. 553.21 or 553.41, which notice shall be approved as to form by this chapter and that is filed with the division, whichever first expires.

Note: 1995 Wis. Act 415, section 9, repealed and recreated this provision without taking into account the treatment of this provision by 1995 Wis. Act 364. This treatment inserts the Act 364 treatment.

AB378, s. 454 Section 454. Subchapter II (title) of chapter 563 [precedes 563.04] of the statutes, as affected by 1995 Wisconsin Act 27, section 9123, is amended to read:

AB378,164,16 chapter 563