SB715,32,5
1(13) (a)
General rule. An attorney filing an appendix under these rules may
2file with the court a copy of the appendix in electronic form. A self-represented party
3is not required to file an electronic copy of the appendix, but may do so as provided
4for in this subsection. Notwithstanding s.
801.17
801.18 (9), the paper copy of the
5appendix remains the official court record.
SB715,32,76
(b)
Process. Attorneys and self-represented parties filing an electronic
7appendix shall use the electronic filing system under s.
801.17 801.18.
Note: Inserts correct cross-references. Supreme Court Order No. 14-03 repealed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 (9) governed the official record. Order No. 14-03 created s. 801.18 (9) to
govern the official record.
SB715,83
8Section
83. 809.32 (1) (fm) of the statutes is amended to read:
SB715,33,69
809.32
(1) (fm)
Electronic no-merit report and supplemental no-merit report. 10An attorney filing a no-merit report or the optional supplemental no-merit report
11under this rule shall file with the court a copy of the no-merit report and
12supplemental no-merit report, if any, in electronic form, using the procedure under
13s. 809.19 (12). The date on which the paper no-merit report or supplemental
14no-merit report is filed
shall be the official date of filing of the no-merit report or
15supplemental no-merit report. The electronic copy of the no-merit report and
16supplemental no-merit report shall be electronically transmitted on or before the
17date that the paper no-merit report and supplemental no-merit report is filed. An
18electronic copy of a no-merit report or supplemental no-merit report submitted to
19the electronic filing system before the close of regular business hours shall be
20considered transmitted on that date. An electronic no-merit report or supplemental
21no-merit report submitted after the close of regular business hours shall be
22considered transmitted the next business day. The attorney shall certify that the text
23of the electronic copy of the report is identical to the text of the paper copy of the
1report. Notwithstanding s.
801.17
801.18 (9), the paper copy of the no-merit report
2or supplemental no-merit report remains the official court record. An attorney who
3lacks technological capability to comply with this subsection may file a motion under
4s. 809.14 for relief from the electronic filing requirements at the time the attorney
5files the paper no-merit report or supplemental no-merit report. An attorney shall
6show good cause why it is not feasible to file a copy of the report electronically.
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 (9) governed the official record. Order No. 14-03 created s. 801.18 (9) to
govern the official record.
SB715,84
7Section
84. 809.62 (4) (b) of the statutes is amended to read:
SB715,33,198
809.62
(4) (b)
Electronic petition for review. An attorney filing a petition for
9review under this rule shall file with the clerk of the supreme court a copy of the
10petition for review or response in electronic form using the procedure under s. 809.19
11(12) and may file a copy of an appendix to the petition for review or response in
12electronic form using the procedure under s. 809.19 (13). A self-represented party
13is not required to file an electronic copy of the petition for review or response, but may
14do so as provided for in this subsection. Notwithstanding s.
801.17 801.18 (9), the
15paper copy of the petition for review or response remains the official court record.
16An attorney who lacks technological capability to comply with this subsection may
17file a motion under s. 809.14 for relief from the electronic filing requirements at the
18time the attorney files the paper petition for review. An attorney shall show good
19cause why it is not feasible to file a copy of the petition of review electronically.
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 (9) governed the official record. Order No. 14-03 created s. 801.18 (9) to
govern the official record.
SB715,34,15
3813.115 Service notification system. A sheriff who executes or serves, or
4who assists a petitioner in executing or serving, a temporary restraining order,
5injunction, or other document or notice under s.
812.12 813.12, 813.122, 813.123, or
6813.125 may use the Wisconsin Statewide Victim Notification service or another
7service notification system administered by the department of corrections that
8enables the petitioner to receive an automated notification of the service of the
9temporary restraining order, injunction, or other document or notice that must be
10served on the respondent. A sheriff for a county that uses the system shall enter each
11order for service into the system as soon as practicable so that the petitioner receives
12timely notification of the service. The clerk of court for a county that uses a service
13notification system shall, at the time a petition is filed under s.
812.12 813.12,
14813.122, 813.123, or 813.125, make available to the petitioner information on how
15to gain access to the system.
Note: Inserts correct cross-reference. There is no s. 812.12. Sections 813.12,
813.122, 813.123, and 813.125 all relate to temporary restraining orders, injunctions, and
related documents or notices.
SB715,86
16Section
86. 814.65 (1) of the statutes is amended to read:
SB715,35,217
814.65
(1) Court costs. In a municipal court action, except for a financial
18responsibility violation under s. 344.62 (2) or for a violation of an ordinance in
19conformity with s. 343.51 (1m) (b) or 347.48 (2m)
, the municipal judge shall collect
20a fee of not less than $15 nor more than $38 on each separate matter, whether it is
21on default of appearance, a plea of guilty or no contest, on issuance of a warrant or
22summons, or the action is tried as a contested matter. Of each fee received by the
23judge under this subsection, the municipal treasurer shall pay monthly $5 to the
1secretary of administration for deposit in the general fund and shall retain the
2balance for the use of the municipality.
NOTE: The underscored comma was deleted by
2009 Wis. Act 121 without being
stricken. No change was intended.
SB715,35,75
895.519
(3) (c) Fails to conspicuously post warning signs of a dangerous
6inconspicuous condition known to him or her on the property that he or she owns,
7leases, rents, or is otherwise in lawful control
of or possession
of.
Note: Corrects grammar.
SB715,35,1810
938.38
(4) (h) 7. A document that describes the rights of the juvenile with
11respect to education, health, visitation, and participation in court proceedings, the
12right of the juvenile to receive the documents and information specified in s. 938.385
13(2), the right of the juvenile to receive a copy of the juvenile's consumer report, as
14defined in 15
USCa USC 1681a (d), and the right of the juvenile to stay safe and to
15avoid exploitation, together with a signed acknowledgement by the juvenile that he
16or she has been provided with a copy of that document and that the rights described
17in that document have been explained to him or her in an age-appropriate and
18developmentally appropriate way.
Note: Inserts correct cross-reference. There is no 15 USCa. “Consumer report"
is defined at
15 USC 1681a (d). Section 48.38 (4) (h)
7., a parallel provision relating to
children rather than juveniles, uses the cross-reference to
15 USC 1681a (d) to define
“consumer report."
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 938.78 (3) reads:
(3) Release of information when escape or absence; rules. If a juvenile adjudged
delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or
services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or
(14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11,
941.20, 941.21, 941.23, 941.231, 941.235, 941.237, 941.26, 941.28, 941.295, 941.298,
941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), 943.32
(2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2), 948.60, 948.605, or 948.61 or
any crime specified in ch. 940 has escaped from a juvenile correctional facility, residential
care center for children and youth, inpatient facility, as defined in s. 51.01 (10), juvenile
detention facility, or juvenile portion of a county jail, or from the custody of a peace officer
or a guard of such a facility, center, or jail, or has been allowed to leave a juvenile
correctional facility, residential care center for children and youth, inpatient facility,
juvenile detention facility, or juvenile portion of a county jail for a specified time period
and is absent from the facility, center, home, or jail for more than 12 hours after the
expiration of the specified period, the department of corrections or county department,
whichever has supervision over the juvenile, may release the juvenile's name and any
information about the juvenile that is necessary for the protection of the public or to
secure the juvenile's return to the facility, center, home, or jail. The department of
corrections shall promulgate rules establishing guidelines for the release of the juvenile's
name or information about the juvenile to the public.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 941.29 (1m) (f), as renumbered from s. 941.29 (1) (f) by
2015 Wis. Act 109, reads:
(f) The person is subject to an injunction issued under s. 813.12 or 813.122 or under
a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any
federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe
of Wisconsin, that includes notice to the respondent that he or she is subject to the
requirements and penalties under this section and that has been filed under s. 813.128
(3g).
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:
SB715,92
5Section
92. 968.01 (1) (b) of the statutes is amended to read:
SB715,36,76
968.01
(1) (b) “Electronic signature" has the meaning given in s.
801.17 (1) (e) 7801.18 (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."
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:
SB715,37,115
971.19
(10) In an action under s. 23.33 (2h), 23.335 (5m), 30.547, or 350.12 (3i)
6for intentionally falsifying an application for a certificate of number, a registration,
7or a certificate of title, the defendant may be tried in the defendant's county of
8residence at the time that the complaint is filed, in the county where the defendant
9purchased the all-terrain vehicle, utility terrain vehicle,
off-highway motorcycle, 10boat, or snowmobile if purchased from a dealer or the county where the department
11of 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.
Note: Section 563.907 (3) was renumbered from s. 563.905 (2) by
2015 Wis. Act 6.
SB715,96
4Section
96. 2015 Wisconsin Act 155, section
4 is amended by replacing “
the
5amount reflected on a billing statement addressed to the
customer" with “
the amount 6reflected 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.
Note: A comma was inserted without underscoring. The change was intended.
Note: The “(b)" was inserted without underscoring. The change was intended.
SB715,100
14Section
100. 2015 Wisconsin Act 212, section
14 is amended by replacing
15“under this section in the previous school year, the governing" with “under
that this 16section 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.
Note: “As" was removed from s. 59.66 (1) (c) 1. a. by
2015 Wis. Act 246 without
being stricken. The change was intended.
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.
SB715,103
3Section
103
. 2015 Wisconsin Act 257, section
5 is amended by replacing “60.85
4(8) (c) (intro.) of the statutes is amended to read:" with “60.85 (8) (c) of the statutes
5is 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.
SB715,104
6Section
104. 2015 Wisconsin Act 257, section
18m is amended by replacing
7“The treatment of section 60.85 (4) (a) 1. and (d), (6) (e) and (f), and (8) (c) (intro.) and
81. to 7. of the statutes takes effect on October 1, 2015." with “The treatment of section
960.85 (4) (a) 1. and (d) and (6) (e) and (f) of the statutes, the renumbering and
10amendment of section 60.85 (8) (c) of the statutes, and the creation of section 60.85
11(8) (c) 1. to 7. of the statutes take effect on October 1, 2015.".
Note: See the note following Section 103 of this bill.
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
.
SB715,106
14Section
106. 2015 Wisconsin Act 299, section
44 is amended by replacing
15“285.41 (4) (a) of the statutes is amended" with “285.41 (4) (a) (intro.) of the statutes
16is amended".
SB715,107
17Section
107. 2015 Wisconsin Act 366, section
15 is amended by replacing “
(3),
18or (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.
SB715,108
1Section
108. The treatment of UWS 4.02 (3) of the administrative code by
2015
2Wisconsin 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.
SB715,109
3Section
109. The treatment of UWS 11.02 (2) of the administrative code by
42015 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.
SB715,110
5Section
110
.
Renumbering and cross-reference changes under s. 13.92
6(1) (bm) 2., stats. Each statute listed in column A was renumbered to the statute
7number in column B, and cross-references to the renumbered statute were changed
8in the statutes listed in column C to agree with the renumbered statute, under
9section 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 ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB715,111
1Section
111
.
Corrections of obvious nonsubstantive errors under s.
235.17 (2), stats. In the sections of the statutes listed in column A, the text shown
3in column B was changed to the text shown in column C to correct obvious
4nonsubstantive 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 ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB715,62,32
(1)
Wherever “Web site" or “web site” appears in the statutes, “website” is
3substituted.