AB40: Bill Text

AB40,1008,9 (b) A registration recorded under this section or s. 132.04 or 132.11 on or after May 1, 1990, is effective for 10 years. A registration may be renewed for 10-year periods upon application to the secretary of state department and payment of the same fee required for a registration. Application for renewal shall be made within 6 months before the expiration of the 10-year period specified in this paragraph.

AB40, s. 2610 Section 2610. 132.01 (7) (intro.) of the statutes is amended to read:

AB40,1008,12 132.01 (7) (intro.) The secretary of state department shall do all of the following:

AB40, s. 2611 Section 2611. 132.01 (7) (b) of the statutes is amended to read:

AB40,1008,16 132.01 (7) (b) Cancel from his or her register a registration of a mark under this section upon the request of the registrant of the mark. The secretary of state department may not charge a fee for canceling a registration under this paragraph.

AB40, s. 2612 Section 2612. 132.01 (8) of the statutes is amended to read:

AB40,1009,2 132.01 (8) Any person, firm, partnership, corporation, association or union who claims a right to the use of subject matter conflicting with any registration by another may bring action against such other in the circuit court for the county in which such other resides, or in the circuit court for Dane County, and in any such action the right to the use and registration of such subject matter shall be determined as between the parties, and registration shall be granted or withheld or canceled by the secretary of state department in accordance with the final judgment in any such action. Nonuser for a period of at least 2 years continuing to the date of commencement of any action in which abandonment is in issue shall be prima facie evidence of abandonment to the extent of such nonuser.

AB40, s. 2613 Section 2613. 132.01 (9) of the statutes is amended to read:

AB40,1009,12 132.01 (9) Title to any registration hereunder shall pass to any person, firm or corporation succeeding to the registrant's business to which such registration pertains. Written assignments of any such registration from a registrant to such a successor may be filed with and shall be recorded by the secretary of state department upon payment of the fee specified in sub. (3). When such assignment is recorded, a new registration shall be entered in the name of the assignee, and on such registration and any subsequent certificates or registration of an assigned registration the secretary of state department shall show the previous ownership and dates of assignment thereof.

AB40, s. 2614 Section 2614. 132.031 of the statutes is amended to read:

AB40,1009,21 132.031 Certificate; evidence. The secretary of state department shall deliver to the person, corporation, association or union so filing or causing to be filed any such mark, or any assignment of such subject matter previously registered, or to any person, corporation, association or union renewing a registration, as many duly attested certificates of the registration or renewal of the same as may be desired. Any such certificate shall, in all suits and prosecutions arising out of or depending upon any rights claimed under such mark, be prima facie evidence of the adoption thereof and of the facts prerequisite to registrations thereof as required by s. 132.01.

AB40, s. 2615 Section 2615. 132.04 (1) of the statutes is amended to read:

AB40,1010,11 132.04 (1) Any person who is the owner of cans, tubs, firkins, boxes, bottles, casks, barrels, kegs, cartons, tanks, fountains, vessels or containers with his or her names, brands, designs, trademarks, devices or other marks of ownership stamped, impressed, labeled, blown in or otherwise marked thereon, may file with the secretary of state department and record with the register of deeds of any county in which the person has his or her principal place of business, a written statement or description verified by affidavit of the owner or his or her agent, of the names, brands, designs, trademarks, devices or other marks of ownership used by him or her, and of the articles upon which they are used, or if the principal place of business is outside the state, then a written statement or verified description may be recorded with the register of deeds of any county. The statement shall be published as a class 3 notice, under ch. 985, in the county, and a copy of the publication, proved as provided in s. 985.12, shall also be filed with the secretary of state department and recorded with the register of deeds.

AB40, s. 2616 Section 2616. 132.04 (2) of the statutes is amended to read:

AB40,1010,23 132.04 (2) All such written statements or descriptions and all such certificates of publication so filed or recorded shall be subject at all reasonable hours to public inspection. The secretary of state department and the register of deeds shall deliver to all applicants certified copies of all such written statements or descriptions or names, brands, designs, trademarks, devices, or other marks of ownership and of all certificates of publication filed or recorded with them and such certified copies shall be admissible in evidence in all prosecutions under ss. 132.04 to 132.08, and shall be prima facie evidence that this section has been complied with, and of the title of the owner named therein to the property upon which the name, brand, design, trademark, device, or other marks of ownership of the owner appear as described therein.

AB40, s. 2617 Section 2617. 132.04 (3) of the statutes is amended to read:

AB40,1011,5 132.04 (3) The secretary of state department shall receive a fee of $15 and the register of deeds shall receive the fee specified in s. 59.43 (2) (ag) or (e) for each statement and certificate of publication filed or recorded and shall also receive the fee specified in s. 59.43 (2) (b) for each certified copy of such statement and certificate of publication, to be paid for by the person filing, recording or applying for the same.

AB40, s. 2618 Section 2618. 132.04 (4) of the statutes is amended to read:

AB40,1011,10 132.04 (4) (a) The secretary of state department and register of deeds shall cancel a statement or description under this section upon the request of the person named in the records of the secretary of state department or register of deeds as the owner of marks of ownership described in the statement or description.

AB40,1011,12 (b) The secretary of state department and register of deeds may not charge a fee for canceling a statement or description under par. (a).

AB40, s. 2619 Section 2619. 132.11 (1) (intro.) of the statutes is amended to read:

AB40,1011,15 132.11 (1) (intro.) The secretary of state department shall do all of the following:

AB40, s. 2620 Section 2620. 132.11 (1) (c) of the statutes is amended to read:

AB40,1011,21 132.11 (1) (c) Cancel the description of a name, brand or trademark recorded under par. (a) upon the request of the person, firm or corporation named in the records of the secretary of state department as the owner of the name, brand or trademark. The secretary of state department may not charge a fee for canceling a description under this paragraph.

AB40, s. 2621 Section 2621. 132.16 (1m) of the statutes is amended to read:

AB40,1012,2 132.16 (1m) Any organization may register, in the office of the secretary of state, with the department a facsimile, duplicate, or description of any of the organization's identifying information and may, by reregistration, alter or cancel the organization's identifying information.

AB40, s. 2622 Section 2622. 132.16 (2) of the statutes is amended to read:

AB40,1012,8 132.16 (2) Application for registration or reregistration under sub. (1m) shall be made by the organization's chief officer or officers upon forms provided by the secretary of state department. The registration shall be for the use, benefit, and on behalf of the organization and the organization's current and future individual members throughout this state.

AB40, s. 2623 Section 2623. 132.16 (3) of the statutes is amended to read:

AB40,1012,12 132.16 (3) The secretary of state department shall keep a properly indexed file of all registrations under this section, which shall also show any alterations or cancelations by reregistration.

AB40, s. 2624 Section 2624. 132.16 (5) of the statutes is amended to read:

AB40,1012,16 132.16 (5) Upon granting registration under this section, the secretary of state department shall issue his or her a certificate to the petitioners, setting forth the fact of the registration.

AB40, s. 2625 Section 2625. 132.16 (6) of the statutes is amended to read:

AB40,1012,23 132.16 (6) The fees of the secretary of state department for registration or reregistration under this section, searches made by the secretary of state department, and certificates issued by the secretary of state department under this section, shall be the same as provided by law for similar services. The fees collected under this section shall be paid by the secretary of state department into the state treasury.

AB40, s. 2626 Section 2626. 137.01 (1) (a) of the statutes is amended to read:

AB40,1013,4 137.01 (1) (a) The governor shall appoint notaries public who shall be United States residents and at least 18 years of age. Applicants who are not attorneys shall file an application with the secretary of state department of financial institutions and pay a $20 fee.

AB40, s. 2627 Section 2627. 137.01 (1) (b) of the statutes is amended to read:

AB40,1013,9 137.01 (1) (b) The secretary of state financial institutions shall satisfy himself or herself that the applicant has the equivalent of an 8th grade education, is familiar with the duties and responsibilities of a notary public and, subject to ss. 111.321, 111.322 and 111.335, does not have an arrest or conviction record.

AB40, s. 2628 Section 2628. 137.01 (1) (d) of the statutes is amended to read:

AB40,1013,14 137.01 (1) (d) Qualified applicants shall be notified by the secretary of state department of financial institutions to take and file the official oath and execute and file an official bond in the sum of $500, with a surety executed by a surety company and approved by the secretary of state financial institutions.

AB40, s. 2629 Section 2629. 137.01 (1) (e) of the statutes is amended to read:

AB40,1013,18 137.01 (1) (e) The qualified applicant shall file his or her signature, post-office address and an impression of his or her official seal, or imprint of his or her official rubber stamp with the secretary of state department of financial institutions.

AB40, s. 2630 Section 2630. 137.01 (1) (g) of the statutes is amended to read:

AB40,1013,22 137.01 (1) (g) At least 30 days before the expiration of a commission the secretary of state department of financial institutions shall mail notice of the expiration date to the holder of a commission.

AB40, s. 2631 Section 2631. 137.01 (2) (a) of the statutes is amended to read:

AB40,1014,5 137.01 (2) (a) Except as provided in par. (am), any United States resident who is licensed to practice law in this state is entitled to a permanent commission as a notary public upon application to the secretary of state department of financial institutions and payment of a $50 fee. The application shall include a certificate of good standing from the supreme court, the signature and post-office address of the applicant and an impression of the applicant's official seal, or imprint of the applicant's official rubber stamp.

AB40, s. 2632 Section 2632. 137.01 (2) (am) of the statutes is amended to read:

AB40,1014,14 137.01 (2) (am) If a United States resident has his or her license to practice law in this state suspended or revoked, upon reinstatement of his or her license to practice law in this state, the person may be entitled to receive a certificate of appointment as a notary public for a term of 4 years. An eligible notary appointed under this paragraph is entitled to reappointment for 4-year increments. At least 30 days before the expiration of a commission under this paragraph the secretary of state department of financial institutions shall mail notice of the expiration date to the holder of the commission.

AB40, s. 2633 Section 2633. 137.01 (2) (b) of the statutes is amended to read:

AB40,1014,19 137.01 (2) (b) The secretary of state financial institutions shall issue a certificate of appointment as a notary public to persons who qualify under the requirements of this subsection. The certificate shall state that the notary commission is permanent or is for 4 years.

AB40, s. 2634 Section 2634. 137.01 (2) (c) of the statutes is amended to read:

AB40,1014,24 137.01 (2) (c) The supreme court shall file with the secretary of state department of financial institutions notice of the surrender, suspension or revocation of the license to practice law of any attorney who holds a permanent commission as a notary public. Such notice shall be deemed a revocation of said commission.

AB40, s. 2635 Section 2635. 137.01 (6) (a) of the statutes is amended to read:

AB40,1015,3 137.01 (6) (a) The secretary of state financial institutions may certify to the official qualifications of any notary public and to the genuineness of the notary public's signature and seal or rubber stamp.

AB40, s. 2636 Section 2636. 137.01 (6m) of the statutes is amended to read:

AB40,1015,8 137.01 (6m) Change of residence. A notary public does not vacate his or her office by reason of his or her change of residence within the United States. Written notice of any change of address shall be given to the secretary of state department of financial institutions within 10 days of the change.

AB40, s. 2637 Section 2637. 137.01 (7) of the statutes is amended to read:

AB40,1015,20 137.01 (7) Official records to be filed. When any notary public ceases to hold office, the notary public, or in case of the notary public's death the notary public's personal representative, shall deposit the notary public's official records and papers in the office of the secretary of state with the department of financial institutions. If the notary or personal representative, after the records and papers come to his or her hands, neglects for 3 months to deposit them, he or she shall forfeit not less than $50 nor more than $500. If any person knowingly destroys, defaces, or conceals any records or papers of any notary public, the person shall forfeit not less than $50 nor more than $500, and shall be liable for all damages resulting to the party injured. The secretary of state department of financial institutions shall receive and safely keep all such papers and records.

AB40, s. 2638 Section 2638. 145.01 (4) of the statutes is amended to read:

AB40,1015,23 145.01 (4) Department. "Department" means the department of commerce safety and professional services.

AB40, s. 2639 Section 2639. 145.02 (4) (a) of the statutes is amended to read:

AB40,1016,6 145.02 (4) (a) The department shall prescribe rules as to the qualifications, examination and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers and for the registration and training of registered learners. The plumbers council, created under s. 15.157 (6) 15.407 (16), shall advise the department in formulating the rules.

AB40, s. 2640 Section 2640. 145.17 (2) of the statutes is amended to read:

AB40,1016,13 145.17 (2) The department shall prescribe rules as to the qualifications, examination and licensing of journeymen automatic fire sprinkler system fitters and automatic fire sprinkler contractors and for the registration and training of automatic fire sprinkler system apprentices. The automatic fire sprinkler system contractors and journeymen council, created under s. 15.157 (9) 15.407 (17), shall advise the department in formulating the rules.

AB40, s. 2641 Section 2641. 145.20 (5) (c) of the statutes is amended to read:

AB40,1016,21 145.20 (5) (c) The department of natural resources may suspend or revoke a license issued under s. 281.48 or a certificate issued under s. 281.17 (3) to the operator of a septage servicing vehicle if the department of natural resources finds that the licensee or operator falsified information on inspection forms. The department of commerce safety and professional services may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.

AB40, s. 2642 Section 2642. 145.245 (12m) (e) of the statutes is amended to read:

AB40,1017,2 145.245 (12m) (e) The department of commerce safety and professional services and the department of administration may enter into a financial assistance agreement with a governmental unit that applies for a loan under this subsection and meets the eligibility requirements for a loan, including the requirements under par. (d).

AB40, s. 2643 Section 2643. 145.245 (12m) (f) of the statutes is amended to read:

AB40,1017,11 145.245 (12m) (f) The department of administration, in consultation with the department of commerce safety and professional services, may establish those terms and conditions of a financial assistance agreement that relate to its financial management, including what type of municipal obligation is required for the repayment of the financial assistance. In setting the terms and conditions, the department of administration may consider factors that the department of administration finds are relevant, including the type of obligation evidencing the loan, the pledge of security for the obligation and the applicant's creditworthiness.

AB40, s. 2644 Section 2644. 145.245 (12m) (g) of the statutes is amended to read:

AB40,1017,17 145.245 (12m) (g) The department of administration shall make and disburse a loan to an applicant that has entered into a financial assistance agreement under par. (e). The department of administration, in consultation with the department of commerce safety and professional services, shall establish procedures for disbursing loans.

AB40, s. 2645 Section 2645. 145.245 (12m) (h) of the statutes is amended to read:

AB40,1018,3 145.245 (12m) (h) If a governmental unit fails to make a principal repayment after its due date, the department of administration shall place on file a certified statement of all amounts due under this subsection. After consulting the department of commerce safety and professional services, the department of administration may collect all amounts due by deducting those amounts from any state payments due the governmental unit or may add a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60. If the department of administration collects amounts due, it shall remit those amounts to the fund to which they are due and notify the department of commerce safety and professional services of that action.

AB40, s. 2646 Section 2646. 146.085 (3) of the statutes is amended to read:

AB40,1018,7 146.085 (3) Enforcement. The department, the department of commerce safety and professional services, and the public service commission shall enforce this section within their respective jurisdictions.

AB40, s. 2647 Section 2647. 146.40 (4r) (em) of the statutes is amended to read:

AB40,1018,13 146.40 (4r) (em) If the department receives a report under par. (a) or (am) and determines that an individual who is the subject of the report holds a credential that is related to the individual's employment at, or contract with, the entity, the department shall refer the report to the department of regulation and licensing safety and professional services.

AB40, s. 2648 Section 2648. 146.59 (2) (b) of the statutes is amended to read:

AB40,1018,19 146.59 (2) (b) If a contractual services agreement is terminated under s. 233.04 (4m) (b), the University of Wisconsin Hospitals and Clinics Board may negotiate and enter into a contractual services agreement with the University of Wisconsin Hospitals and Clinics Authority or the board of regents Board of Trustees of the University of Wisconsin System Wisconsin–Madison under s. 233.04 (4m) (b).

AB40, s. 2649 Section 2649. 146.83 (1c) (a) of the statutes is created to read:

AB40,1018,23 146.83 (1c) (a) Inspect the health care records of a health care provider pertaining to that patient at any time during regular business hours, upon reasonable notice.

AB40, s. 2650 Section 2650. 146.83 (1c) (b) of the statutes is created to read:

AB40,1019,2 146.83 (1c) (b) Receive a copy of the patient's health care records upon payment of fees, as established by rule under sub. (3f).

AB40, s. 2651 Section 2651. 146.83 (1c) (c) of the statutes is created to read:

AB40,1019,6 146.83 (1c) (c) Receive a copy of the health care provider's X-ray reports or have the X-rays referred to another health care provider of the patient's choice upon payment of fees, as established by rule under sub. (3f).

AB40, s. 2652 Section 2652. 146.83 (1d) of the statutes is renumbered 146.83 (1c) (intro.) and amended to read:

AB40,1019,16 146.83 (1c) (intro.) Except as provided in s. 51.30 or 146.82 (2), any patient or person authorized by the patient may, upon submitting a statement of informed consent, inspect the health care records of a health care provider pertaining to that patient. Except as provided in sub. (1g), the health care provider shall make the records available for inspection by the patient or person authorized by the patient during regular business hours, after the health care provider receives notice from the patient or person authorized by the patient. A health care provider may not charge a fee for inspection under this subsection.:

AB40, s. 2653 Section 2653. 146.83 (1f) (a) of the statutes is repealed.