AB846: Bill Text

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 942.09 (2) (bm) 1m. (intro.), as renumbered and amended from s. 942.09 (2) (bm) (intro.) by 2015 Wis. Act 370, reads:

1m. Notwithstanding par. (am), if the person depicted in an intimate representation or reproduction is a child, a parent, guardian, or legal custodian of the child may do any of the following:

AB846,92 Section 92 . 968.01 (1) (b) of the statutes is amended to read:

AB846,36,7 968.01 (1) (b) “Electronic signature" has the meaning given in s. 801.17 (1) (e) 801.18 (1) (f).

Note: Inserts correct cross-reference. Supreme Court Order No. 14-03 repealed s. 801.17 governing electronic filing and created s. 801.18 to govern electronic filing. Section 801.17 (1) (e) defined “electronic signature." Order No. 14-03 created s. 801.18 (1) (f) to define “electronic signature."

AB846,93 Section 93 . The treatment of 968.20 (1) (intro.) of the statutes by 2015 Wisconsin Act 64 is not repealed by 2015 Wisconsin Act 233. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 968.20 (1) and (1g) (intro.), as renumbered and amended from s. 968.20 (1) (intro.) by 2015 Wis. Act 64, read:

(1) Any person claiming the right to possession of property seized pursuant to a search warrant or seized without a search warrant, except for an animal taken into custody under s. 173.13 (1) or withheld from its owner under s. 173.21 (1) (a), 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, except that a court may commence a hearing, on its own initiative, to return property seized under s. 968.26.

(1g) The court shall order such notice as it deems adequate to be given the district attorney and, unless notice was provided under s. 968.26 (7), to all persons who have or may have an interest in the property. The court 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. 173.21 (4) or 968.205, returned if:

AB846,94 Section 94 . 971.19 (10) of the statutes, as affected by 2015 Wisconsin Act 170, is amended to read:

AB846,37,11 971.19 (10) In an action under s. 23.33 (2h), 23.335 (5m), 30.547, or 350.12 (3i) for intentionally falsifying an application for a certificate of number, a registration, or a certificate of title, the defendant may be tried in the defendant's county of residence at the time that the complaint is filed, in the county where the defendant purchased the all-terrain vehicle, utility terrain vehicle, off-highway motorcycle, boat, or snowmobile if purchased from a dealer or the county where the department of natural resources received the application.

Note: 2015 Wis. Act 170 added the cross-reference to s. 23.335 (5m), which prohibits making a false statement on an application for a registration for an off-highway motorcycle, but Act 170 did not add off-highway motorcycle to the list of vehicle types.

AB846,95 Section 95. 2015 Wisconsin Act 117, section 67 is amended by replacing “563.907 (3) (b) of the statutes is amended to read:" with “563.907 (3) (b) of the statutes, as affected by 2015 Wisconsin Act 6, is amended to read:".

Note: Section 563.907 (3) was renumbered from s. 563.905 (2) by 2015 Wis. Act 6.

AB846,96 Section 96 . 2015 Wisconsin Act 155, section 4 is amended by replacing “the amount reflected on a billing statement addressed to the customer" with “the amount reflected on a billing statement addressed to the customer".

Note: Due to an error in enrolling 2015 Wis. Act 155, inserted language was shown without it being underscored. The language was underscored in the bill as adopted by the legislature.

AB846,97 Section 97 . 2015 Wisconsin Act 172, section 182 is amended by replacing “county, city," with “county, city,".

Note: A comma was inserted without underscoring. The change was intended.

AB846,98 Section 98 . 2015 Wisconsin Act 180, section 16 is amended by replacing “102.04 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:" with “102.04 (1) (a) of the statutes is amended to read:".

Note: Section 102.04 (1) (a) was not affected by 2015 Wis. Act 55.

AB846,99 Section 99 . 2015 Wisconsin Act 180, section 69 is amended by replacing “exempted under s. 102.28 (2) (b)" with “exempted under s. 102.28 (2) (b)".

Note: The “(b)" was inserted without underscoring. The change was intended.

AB846,100 Section 100 . 2015 Wisconsin Act 212, section 14 is amended by replacing “under this section in the previous school year, the governing" with “under that this section in the previous school year, the governing".

Note: The treatment by 2015 Wis. Act 212, section 14, of s. 119.23 (7) (an), as created by 2015 Wis. Act 55, replaced “that" with “this" without showing the removed text with a strike and the inserted text with an underscore. The change was intended and provides parallel construction with s. 118.60 (7) (an), as created by 2015 Wis. Act 55 and affected by 2015 Wis. Act 212.

AB846,101 Section 101 . 2015 Wisconsin Act 246, section 1 is amended by replacing “county, a class 3" with “county, as a class 3".

Note: “As" was removed from s. 59.66 (1) (c) 1. a. by 2015 Wis. Act 246 without being stricken. The change was intended.

AB846,102 Section 102 . 2015 Wisconsin Act 246, section 3 is amended by replacing “value of less than $20" with “value of less than $10 $20".

Note: “$10" was removed from s. 59.66 (2) (a) 1t. by 2015 Wis. Act 246 without being stricken and “$20" inserted without being underscored. The change was intended.

AB846,103 Section 103 . 2015 Wisconsin Act 257, section 5 is amended by replacing “60.85 (8) (c) (intro.) of the statutes is amended to read:" with “60.85 (8) (c) of the statutes is renumbered 60.85 (8) (c) (intro.) and amended to read:".

Note: Section 60.85 (8) (c) was changed to an (intro.) provision by 2015 Wis. Act 257.

AB846,104 Section 104 . 2015 Wisconsin Act 257, section 18m is amended by replacing “The treatment of section 60.85 (4) (a) 1. and (d), (6) (e) and (f), and (8) (c) (intro.) and 1. to 7. of the statutes takes effect on October 1, 2015." with “The treatment of section 60.85 (4) (a) 1. and (d) and (6) (e) and (f) of the statutes, the renumbering and amendment of section 60.85 (8) (c) of the statutes, and the creation of section 60.85 (8) (c) 1. to 7. of the statutes take effect on October 1, 2015.".

Note: See the note following Section 103 of this bill.

AB846,105 Section 105 . 2015 Wisconsin Act 258, section 103 is amended by replacing “(hereinafter agents) owes you" with “ (hereinafter agents) owes you".

Note: “Owes" was inserted without being underscored. A change to “owe" was intended and has been made under s. 35.17 (2) as shown at the entry for s. 452.135 (1) (a) at Section 111 .

AB846,106 Section 106 . 2015 Wisconsin Act 299, section 44 is amended by replacing “285.41 (4) (a) of the statutes is amended" with “285.41 (4) (a) (intro.) of the statutes is amended".

Note: 2015 Wis. Act 299 treats only the (intro.) provision of s. 285.41 (4) (a).

AB846,107 Section 107 . 2015 Wisconsin Act 366, section 15 is amended by replacing “(3), or (5) (a) 1., 2., 3., or 4." with “(3) , or (5) (a) 1., 2., 3., or 4.".

Note: A comma was inserted without being underscored. The change was intended.

AB846,108 Section 108 . The treatment of UWS 4.02 (3) of the administrative code by 2015 Wisconsin Act 330 is not repealed by CR 15-061. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. UWS 4.02 (3) reads:

(3) The statement of charges shall be served personally, by electronic means, or by certified mail, return receipt requested. If such service cannot be made within 20 days, service shall be accomplished by first class mail and by publication as if the statement of charges were a summons and the provisions of s. 801.11 (1) (c), Stats., were applicable. Such service by mailing and publication shall be effective as of the first insertion of the notice of statement of charges in the newspaper. If the statement of charges includes sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the statement shall be provided to the complainant upon request, except as may be precluded by applicable state or federal law.

AB846,109 Section 109 . The treatment of UWS 11.02 (2) of the administrative code by 2015 Wisconsin Act 330 is not repealed by CR 15-059. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. UWS 11.02 (2) reads:

(2) Any formal statement of specific charges shall be served personally, by electronic means, or by certified mail, return receipt requested. If such service cannot be made within 20 days, service shall be accomplished by first class mail and by publication as if the statement of charges were a summons and the provisions of s. 801.11 (1) (c), Stats., were applicable. Such service by mailing and publication shall be effective as of the first insertion of the notice of statement of charges in the newspaper. If the formal statement of specific charges involves sexual harassment, sexual assault, dating violence, domestic violence, or stalking, the formal statement shall be provided to the complainant upon request, except as may be precluded by applicable state or federal law.

AB846,110 Section 110 . Renumbering and cross-reference changes under s. 13.92 (1) (bm) 2., stats. Each statute listed in column A was renumbered to the statute number in column B, and cross-references to the renumbered statute were changed in the statutes listed in column C to agree with the renumbered statute, under section 13.92 (1) (bm) 2. of the statutes:

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

AB846,111 Section 111 . Corrections of obvious nonsubstantive errors under s. 35.17 (2), 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 nonsubstantive errors under s. 35.17 (2) of the statutes:

Note: Confirms correction of obvious nonsubstantive errors in the statutes under s. 35.17 (2). - See PDF for table

AB846,112 Section 112 . Terminology changes.

AB846,62,3 (1) Wherever “Web site" or “web site” appears in the statutes, “website” is substituted.

AB846,62,4 (End)