SB146: Bill Text

SB146,93,13 551.29 (3) With respect to a federal covered security that is a covered security under section 18 (b) (3) or (4) of the Securities Act of 1933, the division may, by rule or order, require the filing, for purpose of providing notice to the division, of any document filed with the federal securities and exchange commission under the the Securities Act of 1933, together with a fee prescribed in the rule or order. The filing is effective upon receipt by the division of the documents and fee required under the rule or order.

Note: Deletes repeated word inserted by 1997 Wis. Act 316.

SB146, s. 325 Section 325. 551.32 (1) (bm) 2. b. of the statutes is amended to read:

SB146,93,17 551.32 (1) (bm) 2. b. The division may disclose information under subd. 1. a. to the department of industry, labor and job workforce development in accordance with a memorandum of understanding under s. 49.857.

Note: The department of industry, labor and job development was renamed the department of workforce development by 1997 Wis. Act 3.

SB146, s. 326 Section 326. 551.32 (9) (a) of the statutes, as affected by 1997 Wisconsin Act 316, section 60, is amended to read:

SB146,94,14 551.32 (9) (a) Withdrawal from the status of a licensed broker-dealer, agent, investment adviser or investment adviser representative becomes effective 30 days after receipt by the division or by an organization designated by rule of the division under s. 551.32 sub. (1) (a) of an application to withdraw or within such shorter period as the division determines, unless a revocation or suspension proceeding is pending when the application is filed or a proceeding to revoke or suspend or to impose conditions upon the withdrawal is instituted within 30 days after the application is filed. If a proceeding is pending or instituted, withdrawal becomes effective at such time and upon such conditions as the division by order determines. If no proceeding is pending or instituted and withdrawal automatically becomes effective, the division may institute a revocation or suspension proceeding for the grounds specified under sub. s. 551.34 (1) (b), (g), (m) or (n) within one year after withdrawal became effective and enter a revocation or suspension order as of the last date on which the license was in effect.

Note: 1997 Wis. Act 316 renumbered this provision from s. 551.34 (6), but did not amend the cross-references accordingly.

SB146, s. 327 Section 327. 551.65 (1) of the statutes is amended to read:

SB146,95,11 551.65 (1) Every applicant for license or registration under this chapter, every person filing a filing notice filing under this chapter and every issuer which that proposes to offer a security in this state through any person acting as agent shall file with the division or, if applying for a license, with the organization designated by the division under s. 551.32 (1) (a), an irrevocable consent appointing the division to be his or her attorney to receive service of any lawful process in any noncriminal suit, action or proceeding against him or her or a successor, executor or administrator which that arises under this chapter or any rule or order under this chapter after the consent has been filed, with the same validity as if served personally on the person filing the consent. The consent shall be in the form the division by rule prescribes. The consent need not be filed by a person who has filed a consent in connection with a previous registration or notice filing or license which that is then in effect. Service may be made by leaving a copy of the process at the office of the division, but it is not effective unless the plaintiff, who may be the division in a suit, action or proceeding instituted by the division, promptly sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at the person's last address on file with the division, and the plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, or within such time as the court allows.

Note: Corrects word order. 1997 Wis. Act 316 added provisions regarding "notice filing" to ch. 551. Replaces improperly used "which".

SB146, s. 328 Section 328. 552.05 (2) (intro.) of the statutes is amended to read:

SB146,95,17 552.05 (2) (intro.) The registration statement shall be filed on forms prescribed by the division, and shall be accompanied by a consent by the offeror to service of process specified in s. 551.65 (1) and the filing fee specified in s. 552.15 (1), and shall contain the following information and such additional information as the commissioner division by rule prescribes:

Note: Inserts the correct term. 1995 Wis. Act 27 replaced the commissioner of securities with the division of securities in the department of financial institutions.

SB146, s. 329 Section 329. 560.745 (2) (b) and (c) 1. of the statutes are amended to read:

SB146,95,21 560.745 (2) (b) Annually the department shall estimate the amount of foregone forgone state revenue because of tax benefits claimed by persons in each development zone.

SB146,96,3 (c) 1. Ninety days after the day on which the department determines that the foregone forgone tax revenues under par. (b) will equal or exceed the limit for the development zone established under par. (a) or (am).

Note: Inserts preferred spelling.

SB146, s. 330 Section 330. 560.795 (2) (c) and (d) 1. of the statutes are amended to read:

SB146,96,7 560.795 (2) (c) Annually, the department shall estimate the amount of foregone forgone state revenue because of tax benefits claimed by corporations in each development opportunity zone.

SB146,96,11 (d) 1. Notwithstanding par. (a), the designation of an area as a development opportunity zone shall expire 90 days after the day on which the department determines that the foregone forgone tax revenues under par. (c) will equal or exceed the limit for the development opportunity zone.

Note: Inserts preferred spelling.

SB146, s. 331 Section 331. 560.797 (5) (c) and (d) 1. of the statutes are amended to read:

SB146,96,15 560.797 (5) (c) Annually, the department shall estimate the amount of foregone forgone state revenue because of tax benefits claimed by persons in each enterprise development zone.

SB146,96,20 (d) 1. Notwithstanding the length of time specified by the department under par. (a), the designation of an area as an enterprise development zone shall expire 90 days after the day on which the department determines that the foregone forgone tax revenues under par. (c) will equal or exceed the limit established for the enterprise development zone.

Note: Inserts preferred spelling.

SB146, s. 332 Section 332. 615.03 (1) (c) of the statutes is amended to read:

SB146,97,3 615.03 (1) (c) A natural person who issues such an annuity to a relative by blood or marriage within the 3rd degree of kinship as computed according to s. 852.03 (2), 1995 stats. 990.001 (16).

Note: Section 852.03 (2), 1995 stats., is recreated as s. 990.001 (16) by this bill for user convenience. See also the note to the treatment of s. 990.001 (16) by this bill.

SB146, s. 333 Section 333. The treatment of 632.895 (1) (b) 5. b. of the statutes by 1997 Wisconsin Act 75 is not repealed by 1997 Wisconsin Act 175. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 334 Section 334. 632.895 (12) (a) of the statutes is amended to read:

SB146,97,8 632.895 (12) (a) In this subsection, "ambulatory surgery center" has the meaning given in s. 49.45 (6r) (a) 1. 42 CFR 416.2.

Note: Section 49.45 (6r) was repealed by 1997 Wis. Act 252. The definition from that section replaces the former cross-reference.

SB146, s. 335 Section 335. 751.15 (title) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

SB146,97,12 751.15 (title) Rules regarding the practice of law; delinquent support obligors.

Note: Conforms title to the subject matter of the section. 1997 Wis. Acts 191 and 237 each created a section numbered s. 751.15 and titled "Rules regarding the practice of law". Section 751.15 as created by Act 237 is renumbered to s. 751.155 and its title amended by the next section of this bill.

SB146, s. 336 Section 336. 751.15 of the statutes, as created by 1997 Wisconsin Act 237, is renumbered 751.155, and 751.155 (title), as renumbered, is amended to read:

SB146,97,16 751.155 (title) Rules regarding the practice of law; delinquent taxpayers.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b) and conforms title to the subject matter of the section. 1997 Wis. Acts 191 and 237 each created a section numbered s. 751.15 and titled "Rules regarding the practice of law". See also the previous section of this bill.

SB146, s. 337 Section 337. 757.69 (1) (n) of the statutes, as created by 1997 Wisconsin Act 192, is renumbered 757.69 (1) (o).

Note: Confirms the renumbering by the revisor under s. 13.93 (1) (b). 1991 Wis. Act 191 also created a provision numbered s. 757.69 (1) (n).

SB146, s. 338 Section 338. 767.25 (6) (a) of the statutes, as affected by 1997 Wisconsin Acts 27 and 191, is amended to read:

SB146,98,4 767.25 (6) (a) First, to payment of child support department or its due within the calendar month during which the payment is received.

Note: The stricken language was inserted by 1997 Wis. Act 27, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 191.

SB146, s. 339 Section 339. 767.261 (1) of the statutes, as affected by 1997 Wisconsin Acts 27 and 191, is amended to read:

SB146,98,8 767.261 (1) First, to payment of family support department or its due within the calendar month during which the payment is received.

Note: The stricken language was inserted by 1997 Wis. Act 27, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 191.

SB146, s. 340 Section 340. 767.303 (1) of the statutes, as affected by 1997 Wisconsin Act 191, is amended to read:

SB146,99,2 767.303 (1) If a person fails to pay a payment ordered for support under s. 767.077, support under s. 767.08, child support or family support under s. 767.23, child support under s. 767.25, family support under s. 767.261, revised child or family support under s. 767.32, child support under s. 767.458 (3), child support under s. 767.458 (3) 767.477, child support under s. 767.51, child support under s. 767.62 (4) (a), child support under ch. 769 or child support under s. 948.22 (7), the payment is 90 or more days past due and the court finds that the person has the ability to pay the amount ordered, the court may suspend the person's operating privilege, as defined in s. 340.01 (40), until the person pays all arrearages in full or makes payment arrangements that are satisfactory to the court, except that the suspension period may not exceed 5 years. If otherwise eligible, the person is eligible for an occupational license under s. 343.10 at any time.

Note: Corrects cross-reference. An incorrect number was erroneously inserted in the transcription 1997 Wis. Act 191.

SB146, s. 341 Section 341. The treatment of 767.303 (1) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1997 Wisconsin Act 191. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 342 Section 342. 767.51 (5p) (a) of the statutes, as affected by 1997 Wisconsin Acts 27 and 191, is amended to read:

SB146,99,8 767.51 (5p) (a) First, to payment of child support department or its due within the calendar month during which the payment is received.

Note: The stricken language was inserted by 1997 Wis. Act 27, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 191.

SB146, s. 343 Section 343. The treatment of 801.095 (1) of the statutes by 1997 Wisconsin Act 187 is not repealed by 1997 Wisconsin Act 250. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 344 Section 344. 801.095 (2) (form) of the statutes, as affected by 1997 Wisconsin Acts 187 and 250, is amended to read:

SB146,99,13 801.095 (2) (form)

SB146,99,14 STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY

SB146,99,16 A. B.

SB146,99,17 Address

SB146,99,18 City, State Zip Code File No. ....

SB146,99,19 , Plaintiff

SB146,99,20 vs. S U M M O N S

SB146,99,21 C. D.

SB146,100,1 Address .... (Case Classification Type): .... (Code No.)

SB146,100,2 City, State Zip Code

SB146,100,3 , Defendant

SB146,100,5 THE STATE OF WISCONSIN, To each person named above as a Defendant:

SB146,100,7 You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you.

SB146,100,11 Within 45 days of receiving this summons, you must respond with a written demand for a copy of the complaint. The demand must be sent or delivered to the court, whose address is ...., and to ...., Plaintiff's attorney, whose address is ..... You may have an attorney help or represent you.

SB146,100,17 If you do not demand a copy of the complaint within 45 days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property.

SB146,100,18 Dated: ...., .... (year)

SB146,100,19 Signed: .... ....

SB146,100,20 A. B., Plaintiff

SB146,100,21 or

SB146,100,22 E. F., Plaintiff's Attorney

SB146,100,23 State Bar Number No.: ....

SB146,100,24 Address: ....

SB146,100,25 City, State Zip Code: ....

SB146,101,1 Phone No.: ....

Note: The stricken language was deleted by 1997 Wis. Act 187 without being shown as stricken and the underscored material was inserted by Act 187 without being shown as underscored. The changes were intended.

SB146, s. 345 Section 345. 801.095 (3) of the statutes, as affected by 1997 Wisconsin Acts 187 and 250, is amended to read:

SB146,101,4 801.095 (3) No personal service; complaint served at the same time.

SB146,101,5 STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY