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".
Note: There are no conflicts of substance.
Note: There are no conflicts of substance.
SB421, s. 173
18Section
173. 880.75 (1) (f), (2) and (3) of the statutes are amended to read:
SB421,68,2119
880.75
(1) (f)
"Third-party"
"Third party" is a person other than a bank, broker,
20transfer agent or issuer who with respect to a security held by a minor effects a
21transaction otherwise than directly with the minor.
SB421,69,13
1(2) Security transactions involving minors; liability. A bank, broker, issuer,
2third-party third party or transfer agent incurs no liability by reason of his or her
3treating a minor as having capacity to transfer a security, to receive or to empower
4others to receive dividends, interest, principal, or other payments or distributions,
5to vote or give consent in person or by proxy, or to make elections or exercise rights
6relating to the security, unless prior to acting in the transaction the bank, broker,
7issuer,
third-party third party or transfer agent had received written notice in the
8office acting in the transaction that the specific security is held by a minor or unless
9an individual conducting the transaction for the bank, broker, issuer,
third-party 10third party or transfer agent had actual knowledge of the minority of the holder of
11the security. Except as otherwise provided in this section, such a bank, broker, issuer,
12third-party third party or transfer agent may assume without inquiry that the
13holder of a security is not a minor.
SB421,69,25
14(3) Acts of minors not subject to disaffirmance or avoidance. A minor, who
15has transferred a security, received or empowered others to receive dividends,
16interest, principal, or other payments or distributions, voted or given consent in
17person or by proxy, or made an election or exercised rights relating to the security,
18has no right thereafter, as against a bank, broker, issuer,
third-party third party or
19transfer agent to disaffirm or avoid the transaction, unless prior to acting in the
20transaction the bank, broker, issuer,
third-party
third party or transfer agent
21against whom the transaction is sought to be disaffirmed or avoided had received
22notice in the office acting in the transaction that the specific security is held by a
23minor or unless an individual conducting the transaction for the bank, broker, issuer,
24third-party third party or transfer agent had actual knowledge of the minority of the
25holder.
Note: Inserts correct word form.
SB421, s. 174
1Section
174
. 880.76 (2) of the statutes is amended to read:
SB421,70,172
880.76
(2) Security transactions involving incompetent or spendthrift;
3liability. A bank, broker, issuer,
third-party
third party or transfer agent incurs no
4liability by reason of his or her treating an incompetent or spendthrift as having
5capacity to transfer a security, to receive or to empower others to receive dividends,
6interest, principal, or other payments or distributions, to vote or give consent in
7person or by proxy, or to make elections or exercise rights relating to the security,
8unless prior to acting in the transaction the bank, broker, issuer,
third-party third
9party or transfer agent had received written notice in the office acting in the
10transaction that the specific security is held by a person who has been adjudicated
11an incompetent or a spendthrift or unless an individual conducting the transaction
12for the bank, broker, issuer,
third-party third party or transfer agent had actual
13knowledge that the holder of the security is a person who has been adjudicated an
14incompetent or a spendthrift, or actual knowledge of filing of lis pendens as provided
15in s. 880.215. Except as otherwise provided in this section, such a bank, broker,
16issuer,
third-party third party or transfer agent may assume without inquiry that
17the holder of a security is not an incompetent or spendthrift.
SB421, s. 175
18Section
175
. 880.76 (3) of the statutes is amended to read:
SB421,71,819
880.76
(3) Acts not subject to disaffirmance or avoidance. An incompetent
20or spendthrift, who has transferred a security, received or empowered others to
21receive dividends, interest, principal, or other payments or distributions, voted or
22given consent in person or by proxy, or made an election or exercised rights relating
23to the security, has no right thereafter, as against a bank, broker, issuer,
third-party 24third party or transfer agent to disaffirm or avoid the transaction, unless prior to
1acting in the transaction the bank, broker, issuer,
third-party third party or transfer
2agent against whom the transaction is sought to be disaffirmed or avoided had
3received notice in the office acting in the transaction that the specific security is held
4by a person who has been adjudicated an incompetent or a spendthrift or unless an
5individual conducting the transaction for the bank, broker, issuer,
third-party third
6party or transfer agent had actual knowledge that the holder is a person who has
7been adjudicated an incompetent or a spendthrift, or actual knowledge of filing of lis
8pendens as provided in s. 880.215.
Note: Sections 174 and 175 insert correct word form.
SB421, s. 176
9Section
176. 895.46 (6) of the statutes is amended to read:
SB421,71,2310
895.46
(6) The protection afforded by this section applies to any criminal action
11under s. 291.97 (2) or 293.87 (2) or under
7 USC 136L (b),
15 USC 2616 (b),
33 USC
121319 (c),
42 USC 2284,
6928 (d) and (e),
6973 (b),
6992 (b) and (c),
7413 (c),
9603 (b),
139606 (b) and
11045 (b) or 49 USC
appendix 1809 (b)
5124 that is commenced against
14a state officer or state employe who is proceeded against in his or her official capacity
15or as an individual because of acts committed in the storage, transportation,
16treatment or disposal of hazardous substances, as defined in s. 289.01 (11), if that
17officer or employe is found to be acting within the scope of his or her employment and
18if the attorney general determines that the state officer or state employe acted in
19good faith. Regardless of the determination made by the attorney general, the
20protection afforded by this section applies if the state officer or agent is not found
21guilty of the criminal action commenced under this subsection. This protection
22includes the payment of reasonable attorney fees in defending the action and costs
23or fines arising out of the action.
Note: 49 USC Appendix 1809 (b) was codified as
49 USC 5124.
SB421,72,123
895.48
(1m) (intro.) Any physician or athletic trainer licensed under ch. 448,
4chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency
5medical technician licensed under s. 146.50, physician assistant licensed under ch.
6448, registered nurse licensed under ch. 441 or massage therapist or bodyworker
7issued a license of registration under subch.
X XI of ch. 440 who renders voluntary
8health care to a participant in an athletic event or contest sponsored by a nonprofit
9corporation, as defined in s. 46.93 (1m) (c), a private school, as defined in s. 115.001
10(3r), a public agency, as defined in s. 46.93 (1m) (e), or a school, as defined in s. 609.655
11(1) (c), is immune from civil liability for his or her acts or omissions in rendering that
12care if all of the following conditions exist:
Note: Corrects cross-reference.
SB421,72,1715
895.58
(1) (d) "Special waste" means any solid waste
which that is
16characterized for beneficial use in public works projects by the department of natural
17resources.
Note: Replaces "which" with "that" to correct grammar.
SB421,73,1820
938.34
(8) Forfeiture. Impose a forfeiture based upon a determination that
21this disposition is in the best interest of the juvenile and in aid of rehabilitation. The
22maximum forfeiture that the court may impose under this subsection for a violation
23by a juvenile is the maximum amount of the fine that may be imposed on an adult
1for committing that violation or, if the violation is applicable only to a person under
218 years of age, $100. Any such order shall include a finding that the juvenile alone
3is financially able to pay the forfeiture and shall allow up to 12 months for payment.
4If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order
5other alternatives under this section, in accordance with the conditions specified in
6this chapter; or the court may suspend any license issued under ch. 29 for not less
7than 30 days nor more than 5 years, or, unless the forfeiture was imposed for
8violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may
9suspend the juvenile's operating privilege
, as defined in s. 340.01 (40)
, for not more
10than 2 years. If the court suspends any license under this subsection, the clerk of the
11court shall immediately take possession of the suspended license and forward it to
12the department which issued the license, together with a notice of suspension clearly
13stating that the suspension is for failure to pay a forfeiture imposed by the court. If
14the forfeiture is paid during the period of suspension, the suspension shall be reduced
15to the time period which has already elapsed and the court shall immediately notify
16the department which shall then return the license to the juvenile. Any recovery
17under this subsection shall be reduced by the amount recovered as a forfeiture for
18the 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.
SB421,74,1221
938.343
(2) Impose a forfeiture not to exceed the maximum forfeiture that may
22be imposed on an adult for committing that violation or, if the violation is only
23applicable to a person under 18 years of age, $50. Any such order shall include a
1finding that the juvenile alone is financially able to pay and shall allow up to 12
2months for the payment. If a juvenile fails to pay the forfeiture, the court may
3suspend any license issued under ch. 29 or, unless the forfeiture was imposed for
4violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may
5suspend the juvenile's operating privilege
, as defined in s. 340.01 (40), for not less
6than 2 years. The court shall immediately take possession of the suspended license
7and forward it to the department which issued the license, together with the notice
8of suspension clearly stating that the suspension is for failure to pay a forfeiture
9imposed by the court. If the forfeiture is paid during the period of suspension, the
10court shall immediately notify the department, which will thereupon return the
11license to the person. Any recovery under this subsection shall be reduced by the
12amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
Note: The underscored comma is inserted to correct grammar.
SB421,74,2015
945.03
(2m) (intro.) If the violation of sub. (1m) involves the possession,
16operation,
set up setup, collection of proceeds, participation in earnings or
17maintenance of, or involves acting as the custodian of anything of value bet or offered
18to be bet on, not more than 5 video gambling machines on premises for which a
19Class "B" or "Class B" license or permit has been issued under ch. 125, the person
20may be penalized as follows:
Note: Inserts correct word form.
SB421,75,4
1945.04
(2m) If the violation of sub. (1m) involves the
set up setup or use of not
2more than 5 video gambling machines on premises for which a Class "B" or "Class B"
3license or permit has been issued under ch. 125, the person may be penalized as
4follows:
Note: Inserts correct word form.
SB421, s. 183
5Section
183. 968.02 (1) of the statutes is amended to read:
SB421,75,106
968.02
(1) Except as otherwise provided in this section, a complaint charging
7a person with an offense shall be issued only by a district attorney of the county
8where the crime is alleged to have been committed. A complaint is issued when it
9is approved for filing by the district attorney. The approval shall be in the form of
10a written
indorsement endorsement on the complaint.
Note: Inserts preferred spelling.
SB421, s. 184
11Section
184. 968.20 (1) of the statutes is amended to read:
SB421,75,2012
968.20
(1) Any person claiming the right to possession of property seized
13pursuant to a search warrant or seized without a search warrant may apply for its
14return to the circuit court for the county in which the property was seized or where
15the search warrant was returned. The court shall order such notice as it deems
16adequate to be given the district attorney and all persons who have or may have an
17interest in the property and shall hold a hearing to hear all claims to its true
18ownership. If the right to possession is proved to the court's satisfaction, it shall
19order the property, other than contraband or property covered under sub. (1m) or (1r)
20or s. 173.12 or 173.21 (4)
(b), returned if:
Note: Section 173.21 (4) is not divided into multiple paragraphs.
SB421, s. 185
21Section
185. 972.11 (5) (b) 2. e. of the statutes is amended to read:
SB421,76,2
1972.11
(5) (b) 2. e. A statement setting forth the allele frequency and genotype
2data for the appropriate
data base database used.
Note: Corrects spelling.
SB421,76,95
973.032
(2) (b) Notwithstanding par. (a),
a the court may not sentence a person
6under sub. (1) if he or she is convicted of a felony punishable by life imprisonment
7or has at any time been convicted, adjudicated delinquent or found not guilty or not
8responsible by reason of insanity or mental disease, defect or illness for committing
9a 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.
SB421, s. 187
10Section
187. 973.055 (1) (a) 1. of the statutes is amended to read:
SB421,76,1611
973.055
(1) (a) 1. The court convicts the person of a violation of a crime specified
12in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (1m), 940.201, 940.21,
13940.225, 940.23, 940.285, 940.30, 940.305, 940.31, 940.42, 940.43, 940.44, 940.45,
14940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01, 947.012 or
15947.0125 or of a municipal ordinance conforming to s.
940.201, 941.20,
940.201, 16941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01, 947.012 or 947.0125; and
Note: Corrects cross-reference order.
SB421, s. 188
17Section
188. 1999 Wisconsin Act 9, section
1172g is amended by replacing "for
18all persons
specified in sub. (2) (ag) (intro.) employes or contractors who are
19caregivers of the entity" with "for all persons
specified in sub. (2) (ag) (intro.) who are
20employes 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.).
SB421, s. 190
3Section
190. 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.
SB421, s. 194
12Section
194. 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:".
SB421,78,316[
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.
SB421,78,65
(1) Wherever "employe", "employes", "employe's" or "employes'" appear in the
6statutes, "employee", "employees", "employee's" or "employees'" are substituted.
SB421,78,87
(2) Notwithstanding subsection (1), any person may use either spelling of these
8terms for any official purpose.
SB421, s. 197
9Section
197.
Effective dates. This act takes effect on the day after
10publication, except as follows:
SB421,78,1211
(1)
The treatment of section 565.30 (5m) (a) (title) of the statutes takes effect
12on May 1, 2000.
SB421,78,1413
(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.
SB421,78,1815
(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.
SB421,78,2219
(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.
SB421,79,6
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), 101.9221 (1) (a), 101.9222 (2) (b) and (3), 101.951 (6) (k), 101.953 (1)
5(intro.) and (a) to (d), 101.965 (3), 218.11 (7) (b) and 224.985 (2) (a) of the statutes
6takes effect on July 1, 2000.
SB421,79,87
(6)
The treatment of section 343.085 (2m) (a) 2. of the statutes and
Section 196
8of this act take effect on September 1, 2000.