1995 Wisconsin Act 225

895.056 (1) (intro.) Any In this section:

(b) “Wagerer" means any person who, by playing at any game or by betting or wagering on any game, election, horse or other race, ball playing, cock fighting, fight, sport or pastime or on the issue or event thereof, or on any future contingent or unknown occurrence or result in respect to anything whatever, shall have put up, staked or deposited any property with any stakeholder or 3rd person any money, property or thing in action, or shall have lost and delivered the same any property to any winner thereof may, within.

(2) (a) A wagerer may, within 3 months after such putting up, staking or depositing property with a stakeholder or 3rd person, sue for and recover the same property from such the stakeholder or 3rd person whether such money, the property or thing in action has been lost or won or whether it has been delivered over by such the stakeholder or 3rd person to the winner or not, and may, within.

(b) A wagerer may, within 6 months after any such delivery by such person the wagerer or the stakeholder of the property put up, staked or deposited, sue for and recover such money, the property or thing in action from the winner thereof if the same property has been delivered over to such the winner ; and if.

(3) If the betting or wagering person shall wagerer does not so sue for and recover such money, the property or thing in action, which was put up, staked or deposited, within the time above limited then specified under sub. (1), any other person may, in the person's behalf and in the person's name, sue for and recover the same property for the use and benefit of the person's wagerer's family or the person's heirs, in case of the person's wager's death,. The suit may be brought against and property recovered from such any of the following:

(a) The stakeholder or a 3rd person if the same the property is still held by the stakeholder or 3rd person, within 6 months after such the putting up, staking or depositing, or from the of the property.

(b) The winner thereof of the property, within one year from the delivery thereof of the property to such the winner.

(4) This section does not apply to any money, property or thing in action that is permitted to be played, bet or wagered under chs. 561 to 569 or under state or federal laws relating to the conduct of gaming on Indian lands.

Note: Subdivides provision and reorganizes and replaces text for greater readability and conformity to current style. See also the next section of this bill.

225,517 Section 517 . 895.056 (1) (a) of the statutes is created to read:

895.056 (1) (a) “Property" means any money, property or thing in action.

Note: See the previous section of this bill and the accompanying note.

225,518 Section 518 . 895.41 (3) of the statutes is renumbered 895.41 (3) (a) (intro.) and amended to read:

895.41 (3) (a) (intro.) In case of the death of such an employe who was required to give a cash bond dies before such the cash bond is withdrawn in the manner provided in sub. (1) such, the accounting and withdrawal may be effected not less than 5 days after such the employe's death and before the filing of a petition for letters testamentary or of administration in the matter of the decedent's estate, by the employer with the any of the following, in the following order:

1. The decedent's surviving spouse; and if there be no surviving spouse with the.

2. The decedent's children; and if the decedent shall leave no children, the surviving spouse.

3. The decedent's father or mother; and if the decedent shall leave no father or mother, the surviving spouse or children.

4. The decedent's brother or sister, in if the decedent shall leave no surviving spouse, children or parent.

(b) The accounting and withdrawal under par. (a) shall be effected in the same manner and with like effect as if such accounting and withdrawal were accomplished by and between the employer and employe as provided in sub. (1).

(c) The amount of such the cash bond, together with principal and interest, to which the deceased employe would have been entitled had the decedent deceased employe lived, shall, as soon as paid out by the depository, be turned over to such the relative of the deceased employe effecting such the accounting and withdrawal with the employer, and such. The turning over shall be a discharge and release of the employer to the amount of such the payment.

(d) If no such relatives designated under par. (a) survive, the employer may apply such the cash bond, or so much thereof as may be necessary, to paying creditors of the decedent in the order of preference prescribed in s. 859.25 for satisfaction of debts by executors and administrators and the. The making of payment in such manner under this paragraph shall be a discharge and release of the employer to the amount of such the payment.

Note: Subdivides provision and replaces languages for greater readability and conformity with current style.

225,519 Section 519 . 906.08 (1) of the statutes is renumbered 906.08 (1) (intro.) and amended to read:

906.08 (1) (intro.) Except as provided in s. 972.11 (2), the credibility of a witness may be attacked or supported by evidence in the form of reputation or opinion, but subject to these the following limitations:

(a) the The evidence may refer only to character for truthfulness or untruthfulness, and.

(b), except Except with respect to an accused who testifies in his or her own behalf, evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.

Note: Subdivides provision for greater conformity with current style.

225,520 Section 520 . 910.01 (4) of the statutes is amended by replacing “re-recording" with “rerecording".

Note: Corrects spelling.

225,521 Section 521 . 939.623 of the statutes, as created by 1993 Wisconsin Act 224, is renumbered 939.626.

Note: Confirms renumbering by revisor under s. 13.93 (1) (b). 1993 Wis. Act 97 also created s. 939.623.

225,522 Section 522 . 940.20 (5) (title) of the statutes is amended to read:

940.20 (5) (title) Battery to vocational, technical and adult education college district or school district officers and employes.

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

225,523 Section 523 . 940.20 (5) (a) 2. of the statutes is amended by replacing “Vocational, technical and adult education" with “Technical college".

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

225,524 Section 524 . 940.20 (5) (b) of the statutes is amended by replacing “vocational, technical and adult education" with “technical college", in 2 places.

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

225,525 Section 525 . 940.295 (1) (g) of the statutes is amended by replacing “s. 141.15 (1) (a)" with “s. 50.49 (1) (a)".

Note: Corrects cross-reference. Section 141.15 (1) (a) was renumbered s. 50.49 (1) (a) by 1993 Wis. Act 27.

225,526 Section 526 . 943.28 (4) of the statutes is amended to read:

943.28 (4) Whoever knowingly participates in any way in the use of any extortionate means a) to collect or attempt to collect any extension of credit, or b) to punish any person for the nonrepayment thereof, is guilty of a Class C felony.

Note: Deletes improper subdivision designation for greater conformity with current style.

225,527 Section 527 . 943.41 (2) of the statutes is amended by replacing “the other person's financial condition" with “the person's financial condition".

Note: Deletes “other" unintentionally inserted by 1993 Wis. Act 486.

225,528 Section 528 . 945.095 (1) (b) of the statutes, as created by 1995 Wisconsin Act 11, is amended to read:

945.095 (1) (b) The person performs the work on the vessel that is equipped with the gambling devices at a shipbuilding business that is located in Sturgeon Bay or , Manitowoc, Marinette, Superior or La Crosse, Wisconsin.

Note: Replaces unnecessary “or" with comma.

225,529 Section 529 . 945.13 of the statutes, as created by 1995 Wisconsin Act 11, is amended to read:

945.13 Interstate transportation of gambling devices. Pursuant to the authority granted the state in 15 USC 1172, which makes unlawful the transportation of any gambling device to any place in a state or a possession of the United States from any place outside of the state or the possession, this state exempts Sturgeon Bay and, Manitowoc, Marinette, Superior and La Crosse, Wisconsin, from the application of 15 USC 1172.

Note: Replaces unnecessary “and" with comma.

225,530 Section 530 . 946.13 (2) (g) of the statutes is amended by replacing “ss. 71.09 (11) and 91.13" with “subch. IX of ch. 71 and s. 91.13".

Note: Inserts correct cross-reference. The creation of s. 946.13 (2) (g) by 1987 Wis. Act 344 contained references to the farmland preservation credit which was numbered s. 71.09 (11) in the 1985 stats. 1987 Wis. Act 312 repealed and recreated all of ch. 71, effectively renumbering the farmland preservation credit provisions to be subch. IX of ch. 71, but 1987 Wis. Act 344 did not take cognizance of the treatment of ch. 71 by 1987 Wis. Act 312.

225,531 Section 531 . 946.69 (2) (b) of the statutes is amended by replacing “his or she" with “his or her".

Note: The incorrect word was inserted by 1993 Wis. Act 486.

225,532 Section 532 . 947.04 (2) of the statutes is amended to read:

947.04 (2) The person in charge of a common carrier may take from any passenger found violating this section any intoxicant then in the possession of such passenger, giving the passenger a receipt therefor, and shall keep the intoxicant until the passenger's point of destination is reached. Thereupon, the person in charge of a the common carrier shall either return the intoxicant to the passenger or turn it over to the station agent. At any time within 10 days after the intoxicant is turned over to the station agent, the passenger may recover the intoxicant by surrendering the receipt given the passenger at the time the intoxicant was taken from the passenger.

Note: Inserts correct word.

225,533 Section 533 . 969.09 (1) of the statutes is amended to read:

969.09 (1) If a defendant is admitted to bail before sentencing the conditions of the bond shall include, without limitation, the requirements that the defendant will appear in the court having jurisdiction on a day certain and thereafter as ordered until discharged on final order of the court and that the defendant will submit himself to the orders and process of the court.

Note: Deletes unnecessary gender specific pronoun.

225,534 Section 534 . 972.085 of the statutes is amended to read:

972.085 Immunity; use standard. Immunity from criminal or forfeiture prosecution under ss. 13.35, 17.16 (7), 77.61 (12), 93.17, 111.07 (2) (b), 128.16, 133.15, 139.20, 139.39 (5), 195.048, 196.48, 551.56 (3), 553.55 (3), 601.62 (5), 767.47 (4), 767.65 (21), 776.23, 885.15, 885.24, 885.25 (2), 891.39 (2), 968.26, 972.08 (1) and 979.07 (1) and ch. 769, provides immunity only from the use of the compelled testimony or evidence in subsequent criminal or forfeiture proceedings, as well as immunity from the use of evidence derived from that compelled testimony or evidence.

Note: 1993 Wis. Act 481 repealed s. 767.65 and replaced it with ch. 769.

225,535 Section 535 . 976.03 (4) of the statutes is amended by replacing “charged with crime" with “charged with a crime".

Note: Inserts missing word.

225,536 Section 536 . 980.02 (2) (ag) of the statutes is amended by replacing “violent offense from a secured correctional facility" with “violent offense, from a secured correctional facility".

Note: The comma is inserted to improve grammar after the partial veto of this provision in 1993 Act 479.

225,537 Section 537 . 1995 Wisconsin Act 27, section 7141bg (bill Section heading) is amended to delete “(intro.)".

Note: Section 800.095 (1) does not have an introductory paragraph.

225,538 Section 538 . 1993 Wisconsin Act 453, section 22 is amended by replacing “109.02 (2) The department" with “109.09 (2) The department".

Note: The provision affected by section 22 of 1993 Wisconsin Act 453 was incorrectly identified in the citation preceding the text.

225,539 Section 539 . 1993 Wisconsin Act 483, section 3 is amended by replacing “949.08" with “948.08".

Note: This provision replaced “949.08" with “948.08" without showing any strikes or underscores. No change was intended.

225,540 Section 540 . 1993 Wisconsin Act 496, section 143 is amended by replacing “par. (a) (intro.)" with “par. (a)".

Note: 1993 Wis. Act 496 inserted “(intro.)" without showing it as underscored. There is no s. 196.49 (3) (a) (intro.).

225,541 Section 541 . 1995 Wisconsin Act 27, section 1366m is amended by replacing “24.60 (1) of the statutes is created to read:" with “24.60 (1), (1g) and (1r) of the statutes are created to read:".

Note: 1995 Wisconsin Act 27, section 1366m, created 3 subsections, but the action phrase only accounted for one.

225,542 Section 542 . 1995 Wisconsin Act 27, section 1650, is amended by replacing “shipping certificates of origin are issued" with “shipping certificates are issued".

Note: Text which was not a part of s. 29.547 (8) (d), which was amended by 1995 Wis. Act 27, s. 1650, was inserted into the stricken text.

225,543 Section 543 . 1995 Wisconsin Act 27, section 9142 (6) of the statutes is repealed.

Note: Section 9142 (6) of 1995 Wis. Act 27, nonstatutory provisions regarding the transfer of the Petroleum Storage Program from the Dept. of Natural Resources to the Dept. of Development, was effective on the date after publication. Section 9442 (7) of Act 27 provides that the transfer of the program is to be effective 7-1-96, but through an error section 9142 (3) rather than 9142 (6) was included in section 9442 (7). There is no section 9142 (3). Section 9142 (6) is repealed and subsequently recreated effective 7-1-96, by this bill, for the purpose of clarifying that section 9142 (6) is to take effect 7-1-96.

225,544 Section 544 . 1995 Wisconsin Act 27, section 9142 (6) is created to read:

[1995 Wisconsin Act 27] Section 9142 (6) Petroleum storage tank transfer.

(b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of natural resources primarily related to the responsibilities that are given to the department of development by this act concerning discharges from petroleum storage tanks, as determined by the secretary of administration, shall become the assets and liabilities of the department of development.

(c) Employe transfers. On the effective date of this paragraph, the employes of the department of natural resources that perform primarily activities associated with the responsibilities that are given to the department of development by this act concerning discharges from petroleum storage tanks, as determined by the secretary of administration, are transferred to the department of development.

(d) Employe status. Employes transferred under paragraph (b) to the department of development have all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of development that they enjoyed in the department of natural resources immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

(e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of natural resources primarily used in relation to the responsibilities that are given to the department of development by this act concerning discharges from petroleum storage tanks, as determined by the secretary of administration, are transferred to the department of development.

(f) Contracts. All contracts entered into by the department of natural resources relating to the responsibilities that are given to the department of development by this act concerning discharges from petroleum storage tanks that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of development. The department of development shall carry out any obligations under those contracts until they are modified or rescinded by the department of development to the extent allowed under the contracts.