SB421: Bill Text

SB421, s. 147 Section 147. 292.65 (8m) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,60,13 292.65 (8m) Reimbursement of insurance proceeds. If, after the owner or operator receives an award under this section, the owner or operator receives payment from an insurance company arising out of a claim for payment of any eligible costs, the owner or operator shall pay to the department the amount by which the insurance payment exceeds the sum of the deductible and the amount by which the amount calculated under par. sub. (8) (e) exceeds the maximum award under par. sub. (8) (f), but not more than the amount of the award received. The amounts collected by the department under this subsection shall be deposited in the dry cleaner environmental response fund.

Note: Corrects cross-references. Section 292.65 (8m) is not separated into paragraphs. Section 292.15 (8) (e) relates to calculation of the deductible and sub. (8) (f) provides the maximum award.

SB421, s. 148 Section 148. 301.08 (1) (b) 4. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,60,22 301.08 (1) (b) 4. Contract with not more than 5 counties or with not more than 5 consortia of counties for the operation of not more than 5 secured group homes for the placement of juveniles who have been convicted under s. 938.183 or adjudicated delinquent under s. 983.183 938.183 or 938.34 (4m). The contract shall specify that the county or counties operating a secured group home must comply with all rules of the department that are applicable to the treatment of juveniles who are placed in a secured correctional facility.

Note: Corrects cross-reference consistent with the remainder of s. 301.08 (1) (b). There is no s. 983.183.

SB421, s. 149 Section 149. 342.12 (3) (b) of the statutes is amended to read:

SB421,61,20 342.12 (3) (b) The applicant has filed with the department a bond in the form prescribed by the department and executed by the applicant, and either accompanied by the deposit of cash with the department or also executed by a person authorized to conduct a surety business in this state. The bond shall be in an amount equal to one and one-half times the value of the vehicle as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the vehicle or person acquiring any security interest in it, and their respective successors in interest, against any expense, loss or damage, including reasonable attorney fees, by reason of the issuance of the certificate of title of for the vehicle or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the vehicle. Any such interested person has a right of action to recover on the bond for any breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond, and any deposit accompanying it, shall be returned at the end of 5 years or prior thereto if, apart from this section, a nondistinctive certificate of title could then be issued for the vehicle, or if the vehicle is no longer registered in this state and the currently valid certificate of title is surrendered to the department, unless the department has been notified of the pendency of an action to recover on the bond.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 342.

SB421, s. 150 Section 150. 342.282 (2) of the statutes is amended to read:

SB421,62,2 342.282 (2) The department issues a certificate of title of for the vehicle under this chapter.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 342.

SB421, s. 151 Section 151. 342.283 of the statutes is amended to read:

SB421,62,9 342.283 Distinctive certificate. If the department is not satisfied that there are no undisclosed security interests, created before June 1, 1966, in a previously certificated vehicle, it shall, unless the applicant fulfills the requirements of s. 342.12 (3), issue a distinctive certificate of title of for the vehicle containing the legend "This vehicle may be subject to an undisclosed security interest" and any other information the department prescribes.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 342.

SB421, s. 152 Section 152. 343.085 (2m) (a) 2. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,62,15 343.085 (2m) (a) 2. Between the hours of 12 midnight and 5 a.m., unless the licensee's parent or guardian, or a person who meets the requirements under s. 343.07 (1) (a), occupies the seat beside the licensee, or unless the licensee is traveling between his or her place of residence, school or and place of employment.

Note: Corrects sentence agreement problem.

SB421, s. 153 Section 153. The treatment of 343.085 (3) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 9. Both treatments stand.

Note: There are no conflicts of substance.

SB421, s. 154 Section 154. The treatment of 343.085 (5) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 9. Both treatments stand.

Note: There are no conflicts of substance.

SB421, s. 155 Section 155. 343.24 (2m) of the statutes is amended to read:

SB421,63,14 343.24 (2m) If the department, in maintaining a computerized operating record system, makes copies of its operating record file data base database, or a portion thereof, on computer tape or other electronic media, copies of the tape or media may be furnished to any person on request. The department may also furnish to any person upon request records on computer tape or other electronic media that contain information from files of uniform traffic citations or motor vehicle accidents and which that were produced for or developed by the department for purposes related to maintenance of the operating record file data base database. The department shall charge a fee of $3 for each file of vehicle operators' records contained in the tape or media. The department shall charge a fee of not more than $3 for each file of uniform traffic citations or motor vehicle accidents contained in the tape or media. Nothing in this subsection requires the department to produce records of particular files or data in a particular format except as those records or data are made by the department for its purposes.

Note: Corrects spelling. Replaces "which" with "that" to correct grammar.

SB421, s. 156 Section 156. The treatment of 343.32 (2) (c) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 9. Both treatments stand.

Note: There are no conflicts of substance.

SB421, s. 157 Section 157. The treatment of 345.47 (1) (b) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 9. Both treatments stand.

Note: There are no conflicts of substance.

SB421, s. 158 Section 158. 348.26 (1m) of the statutes is amended to read:

SB421,64,2 348.26 (1m) Telephone call-in procedure. The department shall develop and implement a telephone call-in procedure for permits issued under this section. The telephone call-in procedure for permits may not be utilized until permit information is computerized to ensure inquiry capability into the data base database for enforcement purposes.

Note: Corrects spelling.

SB421, s. 159 Section 159. 409.302 (1) (g) and (h) of the statutes are amended to read:

SB421,64,5 409.302 (1) (g) An assignment for the benefit of all the creditors of the transferor, and subsequent transfers by the assignee thereunder; or

SB421,64,7 (h) A security interest in investment property which is perfected without filing under s. 409.115 or 409.116; or.

Note: Amends the structure of s. 409.302 (1) to reflect the renumbering of s. 409.302 (1) (i) to s. 409.302 (3) (e) by 1999 Wis. Act 9.

SB421, s. 160 Section 160. 409.313 (4) (c) and (d) of the statutes are amended to read:

SB421,64,12 409.313 (4) (c) The fixtures are readily removable factory or office machines or readily removable replacements of domestic appliances which are consumer goods, and before the goods become fixtures the security interest is perfected by any method permitted by this chapter; or

SB421,64,15 (d) The conflicting interest is a lien on the real estate obtained by legal or equitable proceedings after the security interest was perfected by any method permitted by this chapter.; or

Note: Amends the structure of s. 409.313 (4) to reflect the creation of s. 409.313 (4) (e) by 1999 Wis. Act 9.

SB421, s. 161 Section 161. 441.50 (1) (n) of the statutes, as created by 1999 Wisconsin Act 22, is amended to read:

SB421,65,2 441.50 (1) (n) "State practice laws" means those individual party's state party state's laws and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. "State practice laws" does not include the initial qualifications for licensure or requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.

Note: Corrects spelling.

SB421, s. 162 Section 162. 441.50 (7) (a) and (e) of the statutes, as created by 1999 Wisconsin Act 22, are amended to read:

SB421,65,9 441.50 (7) (a) All party states shall participate in a cooperative effort to create a coordinated data base database of all licensed registered nurses and licensed practical/vocational nurses. This system will include information on the licensure and disciplinary history of each nurse, as contributed by party states, to assist in the coordination of nurse licensure and enforcement efforts.

SB421,65,13 (e) Any personally identifiable information obtained by a party states' state's licensing board from the coordinated licensure information system may not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.

Note: Corrects spelling.

SB421, s. 163 Section 163. 448.951 of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,65,21 448.951 Use of title. Except as provided in s. 448.952, no person may designate himself or herself as an athletic trainer or use or assume the title "athletic trainer", "licensed athletic trainer", "certified athletic trainer" or "registered athletic trainer" or append to the person's name any other title, letters or designation which that represents or may tend to represent the person as an athletic trainer unless the person is licensed under this subchapter.

Note: Replaces "which" with "that" to correct grammar.

SB421, s. 164 Section 164. 448.953 (4) (b) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,66,6 448.953 (4) (b) If a person who is issued a temporary license under par. (a) satisfies the requirements under sub. (1) (f) and (h) before the temporary license expires, the affiliated credentialing credentialing board shall issue the person a license under sub. (1).

Note: Deletes repeated word.

SB421, s. 165 Section 165. 560.035 of the statutes is amended to read:

SB421,66,13 560.035 Data base Database of women's businesses. The department shall develop, maintain and keep current a computer data base database of businesses in the state that are owned by women, containing demographic statistics and information on the types of industries represented, sales volume and growth rates, generation of jobs by both new and existing businesses and any other relevant characteristics.

Note: Corrects spelling.

SB421, s. 166 Section 166. 565.30 (5m) (a) (title) of the statutes, as affected by 1999 Wisconsin Act 9, section 3025pa, is renumbered 565.30 (5m) (title).

Note: Section 565.30 (5m) (title) was improperly shown as having been renumbered to s. 565.30 (5m) (a) (title) by 1999 Wis. Act 9.

SB421, s. 167 Section 167. 703.16 (4) of the statutes is amended to read:

SB421,67,8 703.16 (4) Assessments constitute lien. All assessments, until paid, together with interest on them and actual costs of collection, constitute a lien on the units on which they are assessed, if a statement of lien is filed within 2 years after the date the assessment becomes due. The lien is effective against a unit at the time the assessment became due regardless of when within the 2-year period it is filed. A statement of condominium lien is filed in the land records of the clerk of circuit court of the county where the unit is located, stating the description of the unit, the name of the record owner, the amount due and the period for which the assessment was due. The clerk of circuit court shall index the statement of condominium lien under the name of the record owner in the judgment and lien docket. The statement of condominium lien shall be signed and verified by an officer or agent of the association as specified in the bylaws and then may be filed. On full payment of the assessment for which the lien is claimed, the unit owner shall be entitled to a fileable satisfaction of the lien that may be filed with the clerk of circuit court.

Note: Corrects spelling. Under s. 35.17, "On questions of orthography the current edition of Webster's new international dictionary shall be taken as the standard." The dictionary does not contain "fileable".

SB421, s. 168 Section 168. 707.37 (2) (b) of the statutes is amended to read:

SB421,67,20 707.37 (2) (b) A statement of time-share lien shall be filed in the land records of the office of the clerk of circuit court of the county where the time-share property is located, stating the description of the time-share property and the time share, the name of the time-share owner, the amount due and the period for which the assessment for time-share expenses was due. The clerk of circuit court shall index the statement of time-share lien under the name of the time-share owner in the judgment and lien docket. The statement of time-share lien shall be signed and verified by an officer or agent of the association as specified in the bylaws or, if there is no association, a representative of the time-share owners. On full payment of the assessment for which the lien is claimed, the time-share owner shall be entitled to a fileable satisfaction of the lien that may be filed with the clerk of circuit court.

Note: Corrects spelling. Under s. 35.17, "On questions of orthography the current edition of Webster's new international dictionary shall be taken as the standard." The dictionary does not contain "fileable".

SB421, s. 169 Section 169. 767.47 (1m) (intro.) of the statutes is amended to read:

SB421,68,5 767.47 (1m) (intro.) If the child was born in this state, the petitioner shall present a certified copy of the child's birth certificate or a printed copy of the record from the birth data base database of the state registrar to the court, so that the court is aware of whether a name has been inserted on the birth certificate as the father of the child, at the earliest possible of the following:

Note: Corrects spelling.

SB421, s. 170 Section 170. 779.155 (5) (a) of the statutes is amended to read:

SB421,68,13 779.155 (5) (a) For the purpose of administering this section, sworn statements of the contractor setting forth the unpaid lien claims that have been or may be filed or filable under s. 779.15 may be accepted by the proper officer, board, department or commission, unless the judgment creditor or other interested person gives written notice that an action is pending to determine whether specified lien claims were incurred in performing the public work and the amount thereof, or to determine priorities in which event payments shall await the result of the action.

Note: Corrects spelling. Under s. 35.17, "On questions of orthography the current edition of Webster's new international dictionary shall be taken as the standard." The dictionary does not contain "filable".

SB421, s. 171 Section 171. The treatment of 800.09 (1) (c) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 9. Both treatments stand.

Note: There are no conflicts of substance.

SB421, s. 172 Section 172. The treatment of 800.095 (4) (b) 4. of the statutes by 1997 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 9. Both treatments stand.

Note: There are no conflicts of substance.

SB421, s. 173 Section 173. 880.75 (1) (f), (2) and (3) of the statutes are amended to read:

SB421,68,21 880.75 (1) (f) "Third-party" "Third party" is a person other than a bank, broker, transfer agent or issuer who with respect to a security held by a minor effects a transaction otherwise than directly with the minor.

SB421,69,13 (2) Security transactions involving minors; liability. A bank, broker, issuer, third-party third party or transfer agent incurs no liability by reason of his or her treating a minor as having capacity to transfer a security, to receive or to empower others to receive dividends, interest, principal, or other payments or distributions, to vote or give consent in person or by proxy, or to make elections or exercise rights relating to the security, unless prior to acting in the transaction the bank, broker, issuer, third-party third party or transfer agent had received written notice in the office acting in the transaction that the specific security is held by a minor or unless an individual conducting the transaction for the bank, broker, issuer, third-party third party or transfer agent had actual knowledge of the minority of the holder of the security. Except as otherwise provided in this section, such a bank, broker, issuer, third-party third party or transfer agent may assume without inquiry that the holder of a security is not a minor.

SB421,69,25 (3) Acts of minors not subject to disaffirmance or avoidance. A minor, who has transferred a security, received or empowered others to receive dividends, interest, principal, or other payments or distributions, voted or given consent in person or by proxy, or made an election or exercised rights relating to the security, has no right thereafter, as against a bank, broker, issuer, third-party third party or transfer agent to disaffirm or avoid the transaction, unless prior to acting in the transaction the bank, broker, issuer, third-party third party or transfer agent against whom the transaction is sought to be disaffirmed or avoided had received notice in the office acting in the transaction that the specific security is held by a minor or unless an individual conducting the transaction for the bank, broker, issuer, third-party third party or transfer agent had actual knowledge of the minority of the holder.

Note: Inserts correct word form.

SB421, s. 174 Section 174 . 880.76 (2) of the statutes is amended to read:

SB421,70,17 880.76 (2) Security transactions involving incompetent or spendthrift; liability. A bank, broker, issuer, third-party third party or transfer agent incurs no liability by reason of his or her treating an incompetent or spendthrift as having capacity to transfer a security, to receive or to empower others to receive dividends, interest, principal, or other payments or distributions, to vote or give consent in person or by proxy, or to make elections or exercise rights relating to the security, unless prior to acting in the transaction the bank, broker, issuer, third-party third party or transfer agent had received written notice in the office acting in the transaction that the specific security is held by a person who has been adjudicated an incompetent or a spendthrift or unless an individual conducting the transaction for the bank, broker, issuer, third-party third party or transfer agent had actual knowledge that the holder of the security is a person who has been adjudicated an incompetent or a spendthrift, or actual knowledge of filing of lis pendens as provided in s. 880.215. Except as otherwise provided in this section, such a bank, broker, issuer, third-party third party or transfer agent may assume without inquiry that the holder of a security is not an incompetent or spendthrift.

SB421, s. 175 Section 175 . 880.76 (3) of the statutes is amended to read:

SB421,71,8 880.76 (3) Acts not subject to disaffirmance or avoidance. An incompetent or spendthrift, who has transferred a security, received or empowered others to receive dividends, interest, principal, or other payments or distributions, voted or given consent in person or by proxy, or made an election or exercised rights relating to the security, has no right thereafter, as against a bank, broker, issuer, third-party third party or transfer agent to disaffirm or avoid the transaction, unless prior to acting in the transaction the bank, broker, issuer, third-party third party or transfer agent against whom the transaction is sought to be disaffirmed or avoided had received notice in the office acting in the transaction that the specific security is held by a person who has been adjudicated an incompetent or a spendthrift or unless an individual conducting the transaction for the bank, broker, issuer, third-party third party or transfer agent had actual knowledge that the holder is a person who has been adjudicated an incompetent or a spendthrift, or actual knowledge of filing of lis pendens as provided in s. 880.215.

Note: Sections 174 and 175 insert correct word form.

SB421, s. 176 Section 176. 895.46 (6) of the statutes is amended to read:

SB421,71,23 895.46 (6) The protection afforded by this section applies to any criminal action under s. 291.97 (2) or 293.87 (2) or under 7 USC 136L (b), 15 USC 2616 (b), 33 USC 1319 (c), 42 USC 2284, 6928 (d) and (e), 6973 (b), 6992 (b) and (c), 7413 (c), 9603 (b), 9606 (b) and 11045 (b) or 49 USC appendix 1809 (b) 5124 that is commenced against a state officer or state employe who is proceeded against in his or her official capacity or as an individual because of acts committed in the storage, transportation, treatment or disposal of hazardous substances, as defined in s. 289.01 (11), if that officer or employe is found to be acting within the scope of his or her employment and if the attorney general determines that the state officer or state employe acted in good faith. Regardless of the determination made by the attorney general, the protection afforded by this section applies if the state officer or agent is not found guilty of the criminal action commenced under this subsection. This protection includes the payment of reasonable attorney fees in defending the action and costs or fines arising out of the action.

Note: 49 USC Appendix 1809 (b) was codified as 49 USC 5124.

SB421, s. 177 Section 177. 895.48 (1m) (intro.) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,72,12 895.48 (1m) (intro.) Any physician or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, physician assistant licensed under ch. 448, registered nurse licensed under ch. 441 or massage therapist or bodyworker issued a license of registration under subch. X XI of ch. 440 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 46.93 (1m) (c), a private school, as defined in s. 115.001 (3r), a public agency, as defined in s. 46.93 (1m) (e), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist: