AB967,69,2
12(2) Security transactions involving minors; liability. A bank, broker, issuer,
13third-party third party or transfer agent incurs no liability by reason of his or her
14treating a minor as having capacity to transfer a security, to receive or to empower
15others to receive dividends, interest, principal, or other payments or distributions,
16to vote or give consent in person or by proxy, or to make elections or exercise rights
17relating to the security, unless prior to acting in the transaction the bank, broker,
18issuer,
third-party third party or transfer agent had received written notice in the
19office acting in the transaction that the specific security is held by a minor or unless
20an individual conducting the transaction for the bank, broker, issuer,
third-party 21third party or transfer agent had actual knowledge of the minority of the holder of
22the security. Except as otherwise provided in this section, such a bank, broker, issuer,
1third-party third party or transfer agent may assume without inquiry that the
2holder of a security is not a minor.
AB967,69,14
3(3) Acts of minors not subject to disaffirmance or avoidance. A minor, who
4has transferred a security, received or empowered others to receive dividends,
5interest, principal, or other payments or distributions, voted or given consent in
6person or by proxy, or made an election or exercised rights relating to the security,
7has no right thereafter, as against a bank, broker, issuer,
third-party third party or
8transfer agent to disaffirm or avoid the transaction, unless prior to acting in the
9transaction the bank, broker, issuer,
third-party
third party or transfer agent
10against whom the transaction is sought to be disaffirmed or avoided had received
11notice in the office acting in the transaction that the specific security is held by a
12minor or unless an individual conducting the transaction for the bank, broker, issuer,
13third-party third party or transfer agent had actual knowledge of the minority of the
14holder.
Note: Inserts correct word form.
AB967, s. 172
15Section
172
. 880.76 (2) of the statutes is amended to read:
AB967,70,716
880.76
(2) Security transactions involving incompetent or spendthrift;
17liability. A bank, broker, issuer,
third-party
third party or transfer agent incurs no
18liability by reason of his or her treating an incompetent or spendthrift as having
19capacity to transfer a security, to receive or to empower others to receive dividends,
20interest, principal, or other payments or distributions, to vote or give consent in
21person or by proxy, or to make elections or exercise rights relating to the security,
22unless prior to acting in the transaction the bank, broker, issuer,
third-party third
23party or transfer agent had received written notice in the office acting in the
24transaction that the specific security is held by a person who has been adjudicated
1an incompetent or a spendthrift or unless an individual conducting the transaction
2for the bank, broker, issuer,
third-party third party or transfer agent had actual
3knowledge that the holder of the security is a person who has been adjudicated an
4incompetent or a spendthrift, or actual knowledge of filing of lis pendens as provided
5in s. 880.215. Except as otherwise provided in this section, such a bank, broker,
6issuer,
third-party third party or transfer agent may assume without inquiry that
7the holder of a security is not an incompetent or spendthrift.
Note: Inserts correct word form.
AB967, s. 173
8Section
173
. 880.76 (3) of the statutes is amended to read:
AB967,70,229
880.76
(3) Acts not subject to disaffirmance or avoidance. An incompetent
10or spendthrift, who has transferred a security, received or empowered others to
11receive dividends, interest, principal, or other payments or distributions, voted or
12given consent in person or by proxy, or made an election or exercised rights relating
13to the security, has no right thereafter, as against a bank, broker, issuer,
third-party 14third party or transfer agent to disaffirm or avoid the transaction, unless prior to
15acting in the transaction the bank, broker, issuer,
third-party third party or transfer
16agent against whom the transaction is sought to be disaffirmed or avoided had
17received notice in the office acting in the transaction that the specific security is held
18by a person who has been adjudicated an incompetent or a spendthrift or unless an
19individual conducting the transaction for the bank, broker, issuer,
third-party third
20party or transfer agent had actual knowledge that the holder is a person who has
21been adjudicated an incompetent or a spendthrift, or actual knowledge of filing of lis
22pendens as provided in s. 880.215.
Note: Sections 172 and 173 insert correct word form.
AB967, s. 174
23Section
174. 895.46 (6) of the statutes is amended to read:
AB967,71,14
1895.46
(6) The protection afforded by this section applies to any criminal action
2under s. 291.97 (2) or 293.87 (2) or under
7 USC 136L (b),
15 USC 2616 (b),
33 USC
31319 (c),
42 USC 2284,
6928 (d) and (e),
6973 (b),
6992 (b) and (c),
7413 (c),
9603 (b),
49606 (b) and
11045 (b) or 49 USC
appendix 1809 (b)
5124 that is commenced against
5a state officer or state employe who is proceeded against in his or her official capacity
6or as an individual because of acts committed in the storage, transportation,
7treatment or disposal of hazardous substances, as defined in s. 289.01 (11), if that
8officer or employe is found to be acting within the scope of his or her employment and
9if the attorney general determines that the state officer or state employe acted in
10good faith. Regardless of the determination made by the attorney general, the
11protection afforded by this section applies if the state officer or agent is not found
12guilty of the criminal action commenced under this subsection. This protection
13includes the payment of reasonable attorney fees in defending the action and costs
14or fines arising out of the action.
Note: 49 USC Appendix 1809 (b) was codified as
49 USC 5124.
AB967,71,1917
895.58
(1) (d) "Special waste" means any solid waste
which that is
18characterized for beneficial use in public works projects by the department of natural
19resources.
Note: Replaces "which" with "that" to correct grammar.
AB967,72,2022
938.34
(8) Forfeiture. Impose a forfeiture based upon a determination that
23this disposition is in the best interest of the juvenile and in aid of rehabilitation. The
1maximum forfeiture that the court may impose under this subsection for a violation
2by a juvenile is the maximum amount of the fine that may be imposed on an adult
3for committing that violation or, if the violation is applicable only to a person under
418 years of age, $100. Any such order shall include a finding that the juvenile alone
5is financially able to pay the forfeiture and shall allow up to 12 months for payment.
6If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order
7other alternatives under this section, in accordance with the conditions specified in
8this chapter; or the court may suspend any license issued under ch. 29 for not less
9than 30 days nor more than 5 years, or, unless the forfeiture was imposed for
10violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may
11suspend the juvenile's operating privilege
, as defined in s. 340.01 (40)
, for not more
12than 2 years. If the court suspends any license under this subsection, the clerk of the
13court shall immediately take possession of the suspended license and forward it to
14the department which issued the license, together with a notice of suspension clearly
15stating that the suspension is for failure to pay a forfeiture imposed by the court. If
16the forfeiture is paid during the period of suspension, the suspension shall be reduced
17to the time period which has already elapsed and the court shall immediately notify
18the department which shall then return the license to the juvenile. Any recovery
19under this subsection shall be reduced by the amount recovered as a forfeiture for
20the 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.
AB967,73,15
1938.343
(2) Impose a forfeiture not to exceed the maximum forfeiture that may
2be imposed on an adult for committing that violation or, if the violation is only
3applicable to a person under 18 years of age, $50. Any such order shall include a
4finding that the juvenile alone is financially able to pay and shall allow up to 12
5months for the payment. If a juvenile fails to pay the forfeiture, the court may
6suspend any license issued under ch. 29 or, unless the forfeiture was imposed for
7violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may
8suspend the juvenile's operating privilege
, as defined in s. 340.01 (40), for not less
9than 2 years. The court shall immediately take possession of the suspended license
10and forward it to the department which issued the license, together with the notice
11of suspension clearly stating that the suspension is for failure to pay a forfeiture
12imposed by the court. If the forfeiture is paid during the period of suspension, the
13court shall immediately notify the department, which will thereupon return the
14license to the person. Any recovery under this subsection shall be reduced by the
15amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
Note: The underscored comma is inserted to correct grammar.
AB967,73,2318
945.03
(2m) (intro.) If the violation of sub. (1m) involves the possession,
19operation,
set up setup, collection of proceeds, participation in earnings or
20maintenance of, or involves acting as the custodian of anything of value bet or offered
21to be bet on, not more than 5 video gambling machines on premises for which a
22Class "B" or "Class B" license or permit has been issued under ch. 125, the person
23may be penalized as follows:
Note: Inserts correct word form.
AB967,74,63
945.04
(2m) If the violation of sub. (1m) involves the
set up setup or use of not
4more than 5 video gambling machines on premises for which a Class "B" or "Class B"
5license or permit has been issued under ch. 125, the person may be penalized as
6follows:
Note: Inserts correct word form.
AB967, s. 180
7Section
180. 968.02 (1) of the statutes is amended to read:
AB967,74,128
968.02
(1) Except as otherwise provided in this section, a complaint charging
9a person with an offense shall be issued only by a district attorney of the county
10where the crime is alleged to have been committed. A complaint is issued when it
11is approved for filing by the district attorney. The approval shall be in the form of
12a written
indorsement endorsement on the complaint.
Note: Inserts preferred spelling.
AB967, s. 181
13Section
181. 968.20 (1) of the statutes is amended to read:
AB967,74,2214
968.20
(1) Any person claiming the right to possession of property seized
15pursuant to a search warrant or seized without a search warrant may apply for its
16return to the circuit court for the county in which the property was seized or where
17the search warrant was returned. The court shall order such notice as it deems
18adequate to be given the district attorney and all persons who have or may have an
19interest in the property and shall hold a hearing to hear all claims to its true
20ownership. If the right to possession is proved to the court's satisfaction, it shall
21order the property, other than contraband or property covered under sub. (1m) or (1r)
22or s. 173.12 or 173.21 (4)
(b), returned if:
Note: Section 173.21 (4) is not divided into multiple paragraphs.
AB967, s. 182
1Section
182. 972.11 (5) (b) 2. e. of the statutes is amended to read:
AB967,75,32
972.11
(5) (b) 2. e. A statement setting forth the allele frequency and genotype
3data for the appropriate
data base database used.
Note: Corrects spelling.
AB967,75,106
973.032
(2) (b) Notwithstanding par. (a),
a the court may not sentence a person
7under sub. (1) if he or she is convicted of a felony punishable by life imprisonment
8or has at any time been convicted, adjudicated delinquent or found not guilty or not
9responsible by reason of insanity or mental disease, defect or illness for committing
10a 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.
AB967, s. 184
11Section
184. 973.055 (1) (a) 1. of the statutes is amended to read:
AB967,75,1712
973.055
(1) (a) 1. The court convicts the person of a violation of a crime specified
13in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (1m), 940.201, 940.21,
14940.225, 940.23, 940.285, 940.30, 940.305, 940.31, 940.42, 940.43, 940.44, 940.45,
15940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01, 947.012 or
16947.0125 or of a municipal ordinance conforming to s.
940.201, 941.20,
940.201, 17941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01, 947.012 or 947.0125; and
Note: Corrects cross-reference order.
AB967, s. 185
18Section
185. 1999 Wisconsin Act 9, section
1172g is amended by replacing "for
19all persons
specified in sub. (2) (ag) (intro.) employes or contractors who are
20caregivers of the entity" with "for all persons
specified in sub. (2) (ag) (intro.) who are
21employes or contractors caregivers of the entity".
Note: Existing text, "who are" was shown as underscored and in the wrong location
within the paragraph.
Note: Section 121.004 (7) (a) is amended. Section 121.004 (7) (a) does not have an
(intro.).
AB967, s. 187
3Section
187. 1999 Wisconsin Act 9, section
2554j is amended by replacing
4"254.48 of the statutes is created to read:" with "254.48 and 254.49 of the statutes are
5created 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.
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.
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.
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.
AB967, s. 191
12Section
191. 1999 Wisconsin Act 9, section
3025pj is amended by replacing
13"565.30 (5t) of the statutes is amended to read:" with "565.30 (5t) (intro.) of the
14statutes is amended to read:".
AB967,77,316[
1999 Wisconsin Act 9], section 9150 (7c)
Hartford Heritage Auto Museum.
17Notwithstanding section
86.91 86.19 (1) of the statutes, as affected by this act, the
18department of transportation shall erect directional signs along USH 41 near the
1interchange with STH 60 for the Hartford Heritage Auto Museum located in
2Hartford in Washington County. The department may not charge any fee related to
3signs 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.
AB967,77,65
(1) Wherever "employe", "employes", "employe's" or "employes'" appear in the
6statutes, "employee", "employees", "employee's" or "employees'" are substituted.
AB967,77,87
(2) Notwithstanding subsection (1), any person may use either spelling of these
8terms for any official purpose.
AB967, s. 194
9Section
194.
Effective dates. This act takes effect on the day after
10publication, except as follows:
AB967,77,1211
(1)
The treatment of section 565.30 (5m) (a) (title) of the statutes takes effect
12on May 1, 2000.
AB967,77,1413
(2)
The treatment of sections 448.951, 448.953 (4) (b) and 895.48 (1m) (intro.)
14of the statutes takes effect on November 1, 2000.
AB967,77,1815
(3)
The treatment of sections 938.34 (8) and 938.343 (2) of the statutes takes
16effect on the date stated in the notice published by the secretary of transportation
17in the Wisconsin Administrative Register under section 85.515 of the statutes, or on
18May 1, 2001, whichever is earlier.
AB967,77,2219
(4)
The treatment of section 39.435 (6) of the statutes takes effect on the date
20stated in the notice published by the Department of Workforce Development in the
21Wisconsin Administrative Register under section 49.854 (2) (e) of the statutes by
221999 Wisconsin Act 9.
AB967,78,6
1(5)
The treatment of sections 101.9204 (1) (g), 101.9205 (2) (c), 101.9206 (1) (e)
2and (3) (b) 2., 101.9208 (1) (b) and (h), 101.921 (1) (a), 101.9211 (4) (b) 1. (intro.),
3101.9212 (3), 101.9213 (7), 101.9216 (1), 101.9217 (3), 101.9218, 101.9219 (3) (b),
4101.922 (4), 101.9222 (2) (b) and (3), 101.951 (6) (k), 101.953 (1) (intro.) and (a) to (d),
5101.965 (3), 218.11 (7) (b) and 224.985 (2) (a) of the statutes takes effect on July 1,
62000.
AB967,78,87
(6)
The treatment of section 343.085 (2m) (a) 2. of the statutes and
Section 193
8of this act take effect on September 1, 2000.