185,171 Section 171. 880.75 (1) (f), (2) and (3) of the statutes are amended to read:
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.
(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.
(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.
185,172 Section 172 . 880.76 (2) of the statutes is amended to read:
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.
Note: Inserts correct word form.
185,173 Section 173 . 880.76 (3) of the statutes is amended to read:
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 172 and 173 insert correct word form.
185,174 Section 174. 895.46 (6) of the statutes is amended to read:
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.
185,175 Section 175. 895.58 (1) (d) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:
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.
185,176 Section 176. 938.34 (8) of the statutes, as affected by 1997 Wisconsin Act 84 and 1999 Wisconsin Act 9, is amended to read:
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.
185,177 Section 177. 938.343 (2) of the statutes, as affected by 1997 Wisconsin Act 84 and 1999 Wisconsin Act 9, is amended to read:
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.
185,178 Section 178. 945.03 (2m) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:
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.
185,179 Section 179. 945.04 (2m) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:
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.
185,180 Section 180. 968.02 (1) of the statutes is amended to read:
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.
185,181 Section 181. 968.20 (1) of the statutes is amended to read:
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.
185,182 Section 182. 972.11 (5) (b) 2. e. of the statutes is amended to read:
972.11 (5) (b) 2. e. A statement setting forth the allele frequency and genotype data for the appropriate data base database used.
Note: Corrects spelling.
185,183 Section 183. 973.032 (2) (b) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:
973.032 (2) (b) Notwithstanding par. (a), a the court may not sentence a person under sub. (1) if he or she is convicted of a felony punishable by life imprisonment or has at any time been convicted, adjudicated delinquent or found not guilty or not responsible by reason of insanity or mental disease, defect or illness for committing a violent offense, as defined in s. 301.048 (2) (bm).
Note: 1999 Wis. Act 9 deleted "the" and inserted "a" without striking and underscoring. The change was unintended.
185,184 Section 184. 973.055 (1) (a) 1. of the statutes is amended to read:
973.055 (1) (a) 1. The court convicts the person of a violation of a crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (1m), 940.201, 940.21, 940.225, 940.23, 940.285, 940.30, 940.305, 940.31, 940.42, 940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01, 947.012 or 947.0125 or of a municipal ordinance conforming to s. 940.201, 941.20, 940.201, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01, 947.012 or 947.0125; and
Note: Corrects cross-reference order.
185,185 Section 185. 1999 Wisconsin Act 9, section 1172g is amended by replacing "for all persons specified in sub. (2) (ag) (intro.) employes or contractors who are caregivers of the entity" with "for all persons specified in sub. (2) (ag) (intro.) who are employes or contractors caregivers of the entity".
Note: Existing text, "who are" was shown as underscored and in the wrong location within the paragraph.
185,186 Section 186. 1999 Wisconsin Act 9, section 2127 is amended by replacing "121.004 (7) (a) (intro.)" with "121.004 (7) (a)" in 2 places.
Note: Section 121.004 (7) (a) is amended. Section 121.004 (7) (a) does not have an (intro.).
185,187 Section 187. 1999 Wisconsin Act 9, section 2554j is amended by replacing "254.48 of the statutes is created to read:" with "254.48 and 254.49 of the statutes are created to read:"
Note: Section 254.49 was created by 1999 Wis. act 9, but its creation was not noted in an action phrase in the Act.
185,188 Section 188. 1999 Wisconsin Act 9, section 2637 is amended by replacing "292.65 (8) (e) 3a." with "292.65 (8) (e) 3. a." in 2 places.
Note: Inserts period to correct statute citation. There is no s. 292.65 (8) (e) 3a. 1999 Wis. Act 9 treated s. 292.65 (8) (e) 3. a. to c., but the period was omitted in each case.
185,189 Section 189. 1999 Wisconsin Act 9, section 2640 is amended by replacing "292.65 (8) (e) 3b." with "292.65 (8) (e) 3. b." in 2 places.
Note: Inserts period to correct statute citation. There is no s. 292.65 (8) (e) 3b. 1999 Wis. Act 9 treated s. 292.65 (8) (e) 3. a. to c., but the period was omitted in each case.
185,190 Section 190. 1999 Wisconsin Act 9, section 2641 is amended by replacing "292.65 (8) (e) 3c." with "292.65 (8) (e) 3. c." in 2 places.
Note: Inserts period to correct statute citation. There is no s. 292.65 (8) (e) 3c. 1999 Wis. Act 9 treated s. 292.65 (8) (e) 3. a. to c., but the period was omitted in each case.
185,191 Section 191. 1999 Wisconsin Act 9, section 3025pj is amended by replacing "565.30 (5t) of the statutes is amended to read:" with "565.30 (5t) (intro.) of the statutes is amended to read:".
Note: 1999 Wisconsin Act 9 only amends s. 565.30 (5t) (intro.), not s. 565.30 (5t) in its entirety.
185,192 Section 192. 1999 Wisconsin Act 9, section 9150 (7c) is amended to read:
[1999 Wisconsin Act 9], section 9150 (7c) Hartford Heritage Auto Museum. Notwithstanding section 86.91 86.19 (1) of the statutes, as affected by this act, the department of transportation shall erect directional signs along USH 41 near the interchange with STH 60 for the Hartford Heritage Auto Museum located in Hartford in Washington County. The department may not charge any fee related to signs erected under this subsection.
Note: Corrects transposed number. There is no s. 86.91. Drafting records indicate a cross-reference to s. 86.19 was intended.
185,193 Section 193 . Terminology changes.
(1) Wherever "employe", "employes", "employe's" or "employes'" appear in the statutes, "employee", "employees", "employee's" or "employees'" are substituted.
(2) Notwithstanding subsection (1), any person may use either spelling of these terms for any official purpose.
185,194 Section 194. Effective dates. This act takes effect on the day after publication, except as follows:
(1) The treatment of section 565.30 (5m) (a) (title) of the statutes takes effect on May 1, 2000.
(2) The treatment of sections 448.951, 448.953 (4) (b) and 895.48 (1m) (intro.) of the statutes takes effect on November 1, 2000.
(3) The treatment of sections 938.34 (8) and 938.343 (2) of the statutes takes effect on the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under section 85.515 of the statutes, or on May 1, 2001, whichever is earlier.
(4) The treatment of section 39.435 (6) of the statutes takes effect on the date stated in the notice published by the Department of Workforce Development in the Wisconsin Administrative Register under section 49.854 (2) (e) of the statutes by 1999 Wisconsin Act 9.
(5) The treatment of sections 101.9204 (1) (g), 101.9205 (2) (c), 101.9206 (1) (e) and (3) (b) 2., 101.9208 (1) (b) and (h), 101.921 (1) (a), 101.9211 (4) (b) 1. (intro.), 101.9212 (3), 101.9213 (7), 101.9216 (1), 101.9217 (3), 101.9218, 101.9219 (3) (b), 101.922 (4), 101.9222 (2) (b) and (3), 101.951 (6) (k), 101.953 (1) (intro.) and (a) to (d), 101.965 (3), 218.11 (7) (b) and 224.985 (2) (a) of the statutes takes effect on July 1, 2000.
(6) The treatment of section 343.085 (2m) (a) 2. of the statutes and Section 193 of this act take effect on September 1, 2000.
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