SB421: Bill Text

SB421,21,5 69.21 (1) (b) 3. A local registrar may issue a copy of a birth or death certificate under par. (a) through the state registrar's computer data base database if the event which that is the subject of the birth or death occurred in the local registrar's registration district or if the registrant resided in the local registrar's registration district when the event occurred.

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

SB421, s. 62 Section 62. 70.11 (2) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,21,22 70.11 (2) Municipal property and property of certain districts, exception. Property owned by any county, city, village, town, school district, technical college district, public inland lake protection and rehabilitation district, metropolitan sewerage district, municipal water district created under s. 198.22, joint local water authority created under s. 66.0735, family care district under s. 46.2895 or town sanitary district; lands belonging to cities of any other state used for public parks; land tax-deeded to any county or city before January 2; but any residence located upon property owned by the county for park purposes which that is rented out by the county for a nonpark purpose shall not be exempt from taxation. Except as to land acquired under s. 59.84 (2) (d), this exemption shall not apply to land conveyed after August 17, 1961, to any such governmental unit or for its benefit while the grantor or others for his or her benefit are permitted to occupy the land or part thereof in consideration for the conveyance. Leasing the property exempt under this subsection, regardless of the lessee and the use of the leasehold income, does not render that property taxable.

Note: The underscored comma was inserted by 1999 Wis. Act 9 without being shown as underscored. The change was intended. Replaces "which" with "that" to correct grammar.

SB421, s. 63 Section 63. 71.14 (3m) (a) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,22,5 71.14 (3m) (a) (intro.) Subject to par. (b) and except as provided in sub. (2) and s. 71.04 (1) (b) 2., only the following trusts, or portions of trusts, which that become irrevocable on or after October 29, 1999, are resident of this state:

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

SB421, s. 64 Section 64. 73.03 (28m) of the statutes is amended to read:

SB421,22,8 73.03 (28m) To enter into contracts for data base database and data processing services for audits of occasional sales of motor vehicles.

Note: Corrects spelling.

SB421, s. 65 Section 65. 79.10 (10) (c) of the statutes, as created by 1999 Wisconsin Act 5, is amended to read:

SB421,22,15 79.10 (10) (c) If a person who is certified under par. (a) to claim the credit under sub. (9) (bm) becomes ineligible for the credit under sub. (9) (bm), that person shall, within 30 days of becoming ineligible, notify the treasurer of the county in which the property is located or, if the property is located in a city that collects taxes under s. 74.87, with the treasurer of the city in which the property is located.

Note: Deletes unnecessary word.

SB421, s. 66 Section 66. 84.30 (3) (c) 1. and 2. of the statutes, as affected by 1999 Wisconsin Act 9, are amended to read:

SB421,22,20 84.30 (3) (c) 1. Signs which that contain, include or are illuminated by any flashing, intermittent or moving light or lights are prohibited, except electronic signs permitted by rule of the department.

SB421,23,3 2. Signs which that are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the interstate or federal-aid primary highway and which that are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which that otherwise interfere with any driver's operation of a motor vehicle, are prohibited.

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

SB421, s. 67 Section 67. 85.105 of the statutes is amended to read:

SB421,23,12 85.105 Sale of motor vehicle records. Notwithstanding s. 343.24 (2m), the department may contract with a person to periodically furnish that person with any records on computer tape or other electronic media that contain information from files of motor vehicle accidents or uniform traffic citations 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 and the person desiring to contract with the department shall make a good faith effort to negotiate the purchase price for the records to be provided under this section.

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

SB421, s. 68 Section 68. 85.12 (1) of the statutes is amended to read:

SB421,23,18 85.12 (1) The department shall administer a statewide public safety radio management program. From the appropriations under s. 20.395 (5) (dk) and (dq), the department may provide statewide tower site management, public safety frequency management, public safety data base database administration and planning services related to statewide public safety radio management.

Note: Corrects spelling.

SB421, s. 69 Section 69. 85.53 (3) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,24,3 85.53 (3) Grants under this section shall be paid from the appropriation under s. 20.395 (5) (jr). The amount of a grant may not exceed 80% of the amount expended by an eligible applicant for services related to the program.

Note: 1999 Wis. Act 9 deleted the underscored period without showing it as stricken. No change was intended.

SB421, s. 70 Section 70. 92.14 (4) (title) of the statutes is repealed.

Note: All of the other parts of s. 92.14 (4) were either repealed or renumbered by 1999 Wis. Act 9.

SB421, s. 71 Section 71. 97.42 (12) (title) of the statutes is created to read:

SB421,24,6 97.42 (12) (title) Substantial or repeated violations.

Note: The other subsections in s. 97.42 have titles.

SB421, s. 72 Section 72. 101.143 (1) (hm) of the statutes is amended to read:

SB421,24,12 101.143 (1) (hm) "Terminal" means a petroleum product storage system that is itself connected to a pipeline facility, as defined in 49 USC Appendix 2001 (4) 60101 (18) or is one of a number of connected petroleum product storage systems at least one of which is connected to a pipeline facility, as defined in 49 USC Appendix 2001 (4) 60101 (18).

Note: 49 USC Appendix 2001 (4) was codified as 49 USC 60101 (18).

SB421, s. 73 Section 73. 101.143 (11) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,24,20 101.143 (11) Reports. (intro.) No later than each January 1 and July 1, the department of commerce and the department of natural resources shall submit the to the governor, to the joint legislative audit committee, to the joint committee on finance and to the appropriate standing committees of the legislature, under s. 13.172 (3), a report on the program under this section. The departments shall include all of the following information in the report:

Note: Inserts correct word.

SB421, s. 74 Section 74. 101.9204 (1) (g) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,25,7 101.9204 (1) (g) If the mobile home is a used mobile home which that was last previously titled in another jurisdiction, the applicant shall furnish any certificate of ownership issued by the other jurisdiction and a statement, in the form prescribed by the the department, pertaining to the title history and ownership of the mobile home, such statement to be in the form that the department prescribes.

Note: Replaces "which" with "that" to correct grammar. Moves and rephrases clause for improved clarity and readability.

SB421, s. 75 Section 75. 101.9205 (2) (c) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,25,11 101.9205 (2) (c) In any other manner which that the department determines to be desirable.

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

SB421, s. 76 Section 76. 101.9206 (1) (e) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,25,15 101.9206 (1) (e) Any other data which that the department considers pertinent and desirable.

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

SB421, s. 77 Section 77. 101.9206 (3) (b) 2. of the statutes, as created by 1999 Wisconsin Act 2, is amended to read:

SB421,26,11 101.9206 (3) (b) 2. 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 1.5 times the value of the mobile home as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the mobile home 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 mobile home or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the mobile home. 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 mobile home.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 101.

SB421, s. 78 Section 78. 101.9208 (1) (b) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,26,20 101.9208 (1) (b) Upon filing an application under sub. (1) par. (a) or (4) (d) before the first day of the 2nd month beginning after September 1, 2000, an environmental impact fee of $5, by the person filing the application. Upon filing an application under sub. (1) par. (a) or (4) (d) on or after September 1, 2000, an environmental impact fee of $6, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management.

Note: Corrects cross-references.

SB421, s. 79 Section 79. 101.9208 (1) (h) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,27,4 101.9208 (1) (h) For processing applications for certificates of title which that have a special handling request for fast service, a fee established by the department by rule, which fee shall approximate the cost to the department for providing this special handling service to persons so requesting.

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

SB421, s. 80 Section 80. 101.921 (1) (a) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,28,6 101.921 (1) (a) Except as provided in par. (b), if a mobile home dealer acquires a mobile home and holds it for resale or accepts a mobile home for sale on consignment, the mobile home dealer may not submit to the department the certificate of title or application for certificate of title naming the mobile home dealer as owner of the mobile home. Upon transferring the mobile home to another person, the mobile home dealer shall immediately give the transferee, on a form prescribed by the department, a receipt for all title, security interest and sales tax moneys paid to the mobile home dealer for transmittal to the department when required. The mobile home dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale or sale on consignment, in the spaces provided therefor on the certificate or as the department prescribes. Within 7 business days following the sale or transfer, the mobile home dealer shall mail or deliver the certificate or application for certificate to the department with the transferee's application for a new certificate. A nonresident who purchases a mobile home from a mobile home dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the mobile home in this state unless the mobile home dealer determines that a certificate of title is necessary to protect the interests of a secured party. The mobile home dealer is responsible for determining whether a certificate of title and perfection of security interest is required. The mobile home dealer is liable for any damages incurred by the department or any secured party for the mobile home dealer's failure to perfect a security interest which that the mobile home dealer had knowledge of at the time of sale.

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

SB421, s. 81 Section 81. 101.9211 (4) (b) 1. (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,28,12 101.9211 (4) (b) 1. (intro.) The department shall transfer the decedent's interest in any mobile home to his or her surviving spouse upon receipt of the title executed by the surviving spouse and a statement by the spouse which shall state that states all of the following:

Note: Replaces "which" with "that" and replaces the passive voice with active voice to correct grammar.

SB421, s. 82 Section 82. 101.9212 (3) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,28,17 101.9212 (3) The department shall retain for 5 years a record of every surrendered certificate of title, the record to be maintained so as to permit the tracing of title of for the mobile home designated therein.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 101.

SB421, s. 83 Section 83. 101.9213 (7) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,29,3 101.9213 (7) If a mobile home is subject to a security interest when brought into this state, s. 409.103 (1), (2) and (3) states the rules which that apply to determine the validity and perfection of the security interest in this state.

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

SB421, s. 84 Section 84. 101.9216 (1) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,29,16 101.9216 (1) Within one month, or within 10 days following written demand by the debtor, after there is no outstanding obligation and no commitment to make advances, incur obligations or otherwise give value, secured by the security interest in a mobile home under any security agreement between the owner and the secured party, the secured party shall execute and deliver to the owner, as the department prescribes, a release of the security interest in the form and manner prescribed by the department and a notice to the owner stating in no less than 10-point boldface type the owner's obligation under sub. (2). If the secured party fails to execute and deliver the release and notice of the owner's obligation as required by this subsection, the secured party is liable to the owner for $25 and for any loss caused to the owner by the failure.

Note: Inserts commas to correct grammar.

SB421, s. 85 Section 85. 101.9217 (3) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,29,21 101.9217 (3) Any secured party who fails to disclose information under sub. (1) shall be liable for any loss caused to the owner thereby by the failure to disclose information.

Note: Inserts missing article. Inserts the specific reference for clarity.

SB421, s. 86 Section 86. 101.9218 of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,30,7 101.9218 Method of perfecting exclusive. The method provided in ss. 101.921 to 101.9218 of perfecting and giving notice of security interests subject to ss. 101.921 to 101.9218 is exclusive. Security interests subject to ss. 101.921 to 101.9218 are hereby exempted from the provisions of law which that otherwise require or relate to the filing of instruments creating or evidencing security interests.

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

SB421, s. 87 Section 87. 101.9219 (3) (b) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,31,3 101.9219 (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 1.5 times the value of the mobile home as determined by the department and conditioned to indemnify any prior owner and secured party and any subsequent purchaser of the mobile home 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 mobile home or on account of any defect in or undisclosed security interest upon the right, title and interest of the applicant in and to the mobile home. 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 mobile home, or if the currently valid certificate of title for the mobile home 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. 101.

SB421, s. 88 Section 88. 101.922 (4) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,31,7 101.922 (4) The department may seize and impound any certificate of title which that has been suspended or revoked.

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

SB421, s. 89 Section 89. 101.9221 (1) (a) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,31,11 101.9221 (1) (a) The person alleged to be the owner of the mobile home is not the owner.

Note: Inserts missing word.

SB421, s. 90 Section 90. 101.9222 (2) (b) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,31,15 101.9222 (2) (b) The department of commerce issues a certificate of title of for the mobile home under this chapter.

Note: Replaces "of" with "for" in order to make terminology consistent throughout ch. 101. Deletes unnecessary "of commerce"; "department" is defined in s. 101.01 (1m) as being the Department of Commerce.