SB284: Bill Text

SB284, s. 31 Section 31. 106.25 (1) (intro.) and (a) (intro.) of the statutes are consolidated, renumbered 106.25 (1) (intro.) and amended to read:

SB284,9,20 106.25 (1) Definitions Definition. (intro.) In this section: (a) "Public, "public insurrection" means a civil disturbance in which a group or groups of persons are simultaneously engaged in acts of violence against persons or property by the illegal use of weapons, by burning, pillaging or looting or by committing any other illegal acts, and which is of such a magnitude as to result in any of the following:

Note: Section 106.25 (1) does not contain multiple paragraphs.

SB284, s. 32 Section 32. 106.25 (1) (a) 1., 2. and 3. of the statutes are renumbered 106.25 (1) (am), (b) and (c).

Note: See the previous section of this bill.

SB284, s. 33 Section 33. 145.07 (7) (a) of the statutes, as affected by 2009 Wisconsin Act 291, is renumbered 145.07 (7).

Note: Section 145.07 (7) does not contain multiple paragraphs.

SB284, s. 34 Section 34. 165.76 (1m) of the statutes, as created by 2009 Wisconsin Act 261, is amended to read:

SB284,10,14 165.76 (1m) If a person is required to provide a biological specimen under sub. (1) (a) to (g) and the department of justice does not have the data obtained from analysis of a biological specimen from the person that the department is required to maintain in the data bank under s. 165.77 (3), the department may require the person to provide a biological specimen, regardless of whether the person previously provided a biological specimen under this section or s. 51.20 (13) (cr), 938.34 (15), 971.17 (1m) (a), 973.047, or 980.63 980.063. The department of justice, the department of corrections, a district attorney, or a county sheriff, shall notify any person whom the department of justice requires to provide a biological specimen under this subsection.

Note: Inserts correct cross-reference. There is no s. 980.63. Section 980.063 provides deoxyribonucleic acid analysis requirements for sexually violent persons under ch. 980.

SB284, s. 35 Section 35. 285.69 (2) (e) of the statutes is amended to read:

SB284,10,19 285.69 (2) (e) Beginning in 2001, the owner or operator of a stationary source for which an operation permit is required shall pay to the department an annual fee of $ .86 86 cents per ton of actual emissions in the preceding year of all air contaminants on which the fee under par. (a) is based.

Note: Conforms provision to current style.

SB284, s. 36 Section 36. 301.10 (2) of the statutes is renumbered 301.10.

Note: Section 301.10 does not contain multiple subsections.

SB284, s. 37 Section 37. 348.16 (1) (intro.) and (b) of the statutes are consolidated, renumbered 348.16 (1) and amended to read:

SB284,11,6 348.16 (1) In this section: (b) "Class , "class `B' highway" includes those county trunk highways, town highways and city and village streets, or portions thereof, which have been designated as class "B" highways by the local authorities pursuant to s. 349.15.

Note: Section 348.16 (1) does not contain multiple paragraphs.

SB284, s. 38 Section 38. 350.12 (1) of the statutes is amended to read:

SB284,11,12 350.12 (1) Registration requirement. After January 1, 1970, no person shall operate, and no owner shall give permission for the operation of any snowmobile within this state unless the operation of the snowmobile complies with sub. (3) (a) (intro.) 1. or (5) (cm) or is exempt from registration. No political subdivision shall have authority to register or license snowmobiles.

Note: Section 350.12 (3) (a) (intro.) is renumbered s. 350.12 (3) (a) 1. by this bill.

SB284, s. 39 Section 39. 350.12 (3) (a) (intro.) of the statutes is renumbered 350.12 (3) (a) 1.

Note: This provision is not introductory to s. 350.12 (3) (a) 2. to 4. and is not constructed as an introductory paragraph.

SB284, s. 40 Section 40. 401.204 of the statutes, as affected by 2009 Wisconsin Act 320, is amended to read:

SB284,11,19 401.204 Value. Except as otherwise provided in chs. 403, 404, and 405, and 406, a person gives value for rights if the person acquires them under any of the following circumstances:

Note: Chapter 406 was repealed by 2009 Wis. Act 110

SB284, s. 41 Section 41. 401.301 (3) (f) of the statutes, as affected by 2009 Wisconsin Act 320, is repealed.

Note: The text of s. 401.301 (3) (f) is a cross-reference to s. 406.103, which was repealed by 2009 Wis. Act 110.

SB284, s. 42 Section 42. 405.103 (3) of the statutes is amended to read:

SB284,12,8 405.103 (3) With the exception of this subsection, subs. (1) and (4), ss. 405.102 (1) (i) and (j), 405.106 (4) and 405.114 (4), and except to the extent prohibited in ss. 401.102 (3) 401.302 and 405.117 (4), the effect of this chapter may be varied by agreement or by a provision stated or incorporated by reference in an undertaking. A term in an agreement or undertaking generally excusing liability or generally limiting remedies for failure to perform obligations is not sufficient to vary obligations prescribed by this chapter.

Note: Section 401.102 (3), which provided for variation by agreement from the terms of the Uniform Commercial Code, chs. 401-411, was repealed by 2009 Wis. Act 320, which repealed and recreated chapter 401 in its entirety. Variation by agreement is now provided for in s. 401.302.

SB284, s. 43 Section 43. 408.103 (7) of the statutes, as created by 2009 Wisconsin Act 322, is amended to read:

SB284,12,12 408.103 (7) A document of title, as defined in s. 401.201 (15) (2) (i), is not a financial asset unless s. 408.102 (1) (i) 1. c. applies.

Note: Inserts the correct cross-reference. Section 401.201 (15) was repealed and the definition of "document of title" was recreated as s. 401.201 (2) (i) by 2009 Wis. Act 320.

SB284, s. 44 Section 44. 423.201 (1) (a) of the statutes is amended to read:

SB284,12,16 423.201 (1) (a) Is initiated by face-to-face solicitation away from a regular place of business of the merchant or by mail or telephone solicitation directed to the particular customer; and

Note: Inserts necessary semicolon.

SB284, s. 45 Section 45. 565.30 (5r) (b) of the statutes, as affected by 2009 Wisconsin Act 402, is amended to read:

SB284,13,18 565.30 (5r) (b) Subject to par. (c), if the administrator receives a notice under s. 778.30 (2) (a), 800.09 800.095 (1) (c), or 973.05 (5) (a) of the assignment of lottery prizes under s. 778.30 (1) (c), 800.09 800.095 (1) (c), or 973.05 (4) (c) and determines that the person subject to the assignment is a winner or assignee of a lottery prize that is payable in installments, the administrator shall withhold the amount of the judgment that is the basis of the assignment from the next installment payment. The administrator shall submit the withheld amount to the court that issued the assignment. At the time of the submittal, the administrator shall charge the administrative expenses related to that withholding and submittal to the winner or assignee of the lottery prize and withhold those expenses from the balance of the installment payment. The administrator shall notify the winner or assignee of the reason that the amount is withheld from the installment payment. If the initial installment payment is insufficient to pay the judgment and administrative expenses, the administrator shall withhold and submit to the court an amount from any additional installment payments until the judgment and administrative expenses are paid in full and the assignment is no longer in effect. The administrative expenses received by the department shall be credited to the appropriation under s. 20.566 (1) (h).

Note: Inserts correct cross-reference.

SB284, s. 46 Section 46. 623.06 (2) (intro.) of the statutes is amended to read:

SB284,14,6 623.06 (2) (intro.) Except as provided in subs. (2a) and (2m), the minimum standard for the valuation of all such policies and contracts issued prior to the effective date of this section [see sub. (8) and s. 632.43 (9)] shall be that provided by the laws in effect immediately prior to such date. Except as provided in subs. (2a) and (2m), the minimum standard for the valuation of all such policies and contracts issued on or after the effective date of this section shall be the commissioners reserve valuation methods defined in subs. (3) to (4m) and (7), with 3-1/2% 3.5 percent interest, or in the case of policies and contracts, other than annuity and pure endowment contracts, issued on or after June 19, 1974, and prior to November 8, 1977, 4% 4 percent interest, and for policies issued on or after November 8, 1977, 4.5% 4.5 percent interest and the following tables:

Note: Makes fraction and percent format consistent with current style.

SB284, s. 47 Section 47. 623.06 (2a) (a), (b), (c) and (d) of the statutes are amended to read:

SB284,14,13 623.06 (2a) (a) For individual annuity and pure endowment contracts issued prior to November 8, 1977, excluding any disability and accidental death benefits in such contracts—the 1971 individual annuity mortality table, or any modification of this table approved by the commissioner, and 6% 6 percent interest for single premium immediate annuity contracts, and 4% 4 percent interest for all other individual annuity and pure endowment contracts.

SB284,15,6 (b) For individual single premium immediate annuity contracts issued on or after November 8, 1977, excluding any disability and accidental death benefits in those contracts, the 1971 individual annuity mortality table or any individual annuity mortality table adopted after 1980 by the National Association of Insurance Commissioners, that is approved by rule adopted by the commissioner for use in determining the minimum standard of valuation for those contracts or any modification of either table approved by the commissioner, and 7.5% 7.5 percent interest. For other individual annuity and pure endowment contracts issued on or after November 8, 1977, excluding any disability and accidental death benefits in those contracts, the 1971 individual annuity mortality table or any individual annuity mortality table adopted after 1980 by the National Association of Insurance Commissioners, that is approved by rule adopted by the commissioner for use in determining the minimum standard of valuation for those contracts, or any modification of either table approved by the commissioner, and 5.5% 5.5 percent interest for single premium deferred annuity and pure endowment contracts and 4.5% 4.5 percent interest for all other individual annuity and pure endowment contracts.

SB284,15,11 (c) For all annuities and pure endowments purchased prior to November 8, 1977, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits purchased under such contracts—the 1971 group annuity mortality table, or any modification of this table approved by the commissioner, and 6% 6 percent interest.

SB284,15,19 (d) For all annuities and pure endowments purchased on or after November 8, 1977, under group annuity and pure endowment contracts, excluding any disability and accidental death benefits in those contracts, the 1971 group annuity mortality table or any group annuity mortality table adopted after 1980 by the National Association of Insurance Commissioners, that is approved by rule adopted by the commissioner for use in determining the minimum standard of valuation for those annuities and pure endowments, or any modification of either table approved by the commissioner, and 7.5% 7.5 percent interest.

Note: Makes percent format consistent with current style.

SB284, s. 48 Section 48. 623.06 (2m) (a) 3. of the statutes is amended to read:

SB284,15,22 623.06 (2m) (a) 3. "I" means the applicable calendar year valuation interest rate determined under par. (c), rounded to the nearest 0.25% 0.25 percent.

Note: Makes percent format consistent with current style.

SB284, s. 49 Section 49. 623.06 (2m) (d) of the statutes is amended to read:

SB284,16,9 623.06 (2m) (d) Notwithstanding par. (c) 1., if the calendar year valuation interest rate determined under par. (c) 1. differs from the corresponding actual rate for similar policies issued in the immediately preceding calendar year by less than 0.5% 0.5 percent, the calendar year valuation interest rate for those policies is the corresponding actual rate for the immediately preceding calendar year. For purposes of this paragraph, the calendar year valuation interest rate for policies issued in 1980 shall be determined using the reference interest rate for 1979 and shall be determined under this paragraph for subsequent calendar years notwithstanding s. 632.43 (6m).

Note: Makes percent format consistent with current style.

SB284, s. 50 Section 50. 623.06 (3m) (b) 1. of the statutes is amended to read:

SB284,16,12 623.06 (3m) (b) 1. The value defined in sub. (3) (a) is reduced by 15% 15 percent of the amount of the excess premium.

Note: Makes percent format consistent with current style.

SB284, s. 51 Section 51. 800.09 (3) (title) of the statutes, as created by 2009 Wisconsin Act 17, is repealed.

Note: No other subsections in s. 800.09 have titles.

SB284, s. 52 Section 52 . 911.01 (4) (c) of the statutes, as affected by 2009 Wisconsin Acts 214, 261 and 349, is amended to read:

SB284,17,4 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting, or revoking probation, modification of a sentence under s. 302.1135, adjustment of a bifurcated sentence under s. 973.195 (1r), release to extended supervision under s. 302.113 (2) (b) or 304.06 (1) or discharge under s. 973.01 (4m); issuance of subpoenas or warrants under s. 968.375, arrest warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); or proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969; and or proceedings under s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid analysis.

Note: Deletes "or" and replaces "and" with "or" to correct list structure. Deletes unnecessary comma inserted by 2009 Wis. Act 214. See also Section 56 of this bill, corrections of obvious typographical errors under s. 35.17, stats.

SB284, s. 53 Section 53. 941.29 (9) (b) of the statutes, as created by 2009 Wisconsin Act 258, is amended to read:

SB284,17,11 941.29 (9) (b) This section does not apply to a person specified in sub. (1) (em) if the order under s. 51.30 51.20 (13) (cv) 1. is canceled under s. 51.20 (13) (cv) 1m. c., if the order under s. 51.45 (13) (i) 1. is canceled under s. 51.45 (13) (i) 2. c., if the order under s. 54.10 (3) (f) 1. is canceled under s. 54.10 (3) (f) 2. c., or if the order under s. 55.12 (10) (a) is canceled under s. 55.12 (10) (b) 3.

Note: Inserts correct cross-reference. There is no s. 51.30 (13) (cv) 1. Section 51.20 (13) (cv) 1m. c. provides for cancelling orders under s. 51.20 (13) (cv) 1.

SB284, s. 54 Section 54. 973.045 (3) (b) of the statutes is renumbered 973.045 (3).

Note: Section 973.045 (3) does not contain multiple paragraphs.

SB284, s. 55 Section 55 . Renumbering and cross-reference changes under s. 13.92 (1) (bm) 2., stats. Each statute listed in column A is renumbered to the statute number in column B, and cross-references to the renumbered statute are changed in the statutes listed in column C to agree with the renumbered statute, under section 13.92 (1) (bm) 2. of the statutes:

SB284,18,6 Note: Confirms renumbering and corresponding cross-reference changes under s. 13.92 (1) (bm) 2. - See PDF for table

SB284, s. 56 Section 56 . Corrections of obvious typographical errors under s. 35.17, stats. In the sections of the statutes listed in Column A, the text shown in Column B was changed to the text shown in column C to correct obvious typographical errors under s. 35.17 of the statutes:

SB284,18,21 Note: Confirms the correction of obvious typographical errors in the statutes under s. 35.17. The affected statutes are printed in the 2009-10 printed volumes as corrected. - See PDF for table

SB284,19,1 (End)