SB421: Bill Text

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 The treatment of 343.32 (2) (c) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 9.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 The treatment of 345.47 (1) (b) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 9.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:

Note: Corrects cross-reference.

SB421, s. 178 Section 178. 895.58 (1) (d) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,72,17 895.58 (1) (d) "Special waste" means any solid waste which that is characterized for beneficial use in public works projects by the department of natural resources.

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

SB421, s. 179 Section 179. 938.34 (8) of the statutes, as affected by 1997 Wisconsin Act 84 and 1999 Wisconsin Act 9, is amended to read:

SB421,73,18 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and in aid of rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. Any such order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or, unless the forfeiture was imposed for violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

Note: The second underscored comma was inserted by 1999 Wis. Act 9 without being shown as underscored. The change was intended. The first underscored comma is inserted to correct grammar.

SB421, s. 180 Section 180. 938.343 (2) of the statutes, as affected by 1997 Wisconsin Act 84 and 1999 Wisconsin Act 9, is amended to read:

SB421,74,12 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age, $50. Any such order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or, unless the forfeiture was imposed for violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 2 years. The court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

Note: The underscored comma is inserted to correct grammar.

SB421, s. 181 Section 181. 945.03 (2m) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,74,20 945.03 (2m) (intro.) If the violation of sub. (1m) involves the possession, operation, set up setup, collection of proceeds, participation in earnings or maintenance of, or involves acting as the custodian of anything of value bet or offered to be bet on, not more than 5 video gambling machines on premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, the person may be penalized as follows:

Note: Inserts correct word form.

SB421, s. 182 Section 182. 945.04 (2m) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,75,4 945.04 (2m) If the violation of sub. (1m) involves the set up setup or use of not more than 5 video gambling machines on premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, the person may be penalized as follows:

Note: Inserts correct word form.

SB421, s. 183 Section 183. 968.02 (1) of the statutes is amended to read:

SB421,75,10 968.02 (1) Except as otherwise provided in this section, a complaint charging a person with an offense shall be issued only by a district attorney of the county where the crime is alleged to have been committed. A complaint is issued when it is approved for filing by the district attorney. The approval shall be in the form of a written indorsement endorsement on the complaint.

Note: Inserts preferred spelling.

SB421, s. 184 Section 184. 968.20 (1) of the statutes is amended to read:

SB421,75,20 968.20 (1) Any person claiming the right to possession of property seized pursuant to a search warrant or seized without a search warrant may apply for its return to the circuit court for the county in which the property was seized or where the search warrant was returned. The court shall order such notice as it deems adequate to be given the district attorney and all persons who have or may have an interest in the property and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the property, other than contraband or property covered under sub. (1m) or (1r) or s. 173.12 or 173.21 (4) (b), returned if:

Note: Section 173.21 (4) is not divided into multiple paragraphs.