AB846: Bill Text

AB846,56 Section 56 . 115.385 (2) of the statutes, as affected by 2015 Wisconsin Acts 55 and 195, is amended to read:

AB846,20,15 115.385 (2) Beginning 115.383 (3) with the accountability report published for the 2015-16 school year, the department shall include in its annual school accountability report under sub. (1) charter schools established under s. 118.40 (2r) or (2x) and private schools participating in a parental choice program under s. 118.60 or 119.23. The department shall use the same criteria to measure the performance of all schools included in the annual school accountability report.

Note: The stricken text was inserted by 2015 Wis. Act 195 but rendered without effect by the treatment by 2015 Wis. Act 55.

AB846,57 Section 57 . 120.05 (3) of the statutes is amended to read:

AB846,21,8 120.05 (3) If the school district president, vice president, treasurer or clerk of any school board is unable to discharge the duties of the office due to disability or absence, the school board may appoint a person to discharge the duties of such person until the disability or absence no longer exists. In the case of a 3-member school board the appointee shall be an elector of the school district. In the case of a larger school board the appointee for the president shall be the vice president and the appointee for the other officers shall be another school board member. The school board shall determine the compensation of such appointees. A person acting as school district clerk or school district treasurer shall have the powers of a deputy and shall take and file an official bond covering the person's acts unless the bond of such officer includes a bond for the officer's deputy. This subsection does not apply to vacancies caused by absence from the school district for a period exceeding 60 days covered by s. 17.03 (4) (4m).

Note: Section 17.03 (4m), which reads as follows, was part of s. 17.03 (4) prior to being renumbered to s. 17.03 (4m) by 1985 Wis. Act 332:

(4m) In the case of a school district office, the incumbent is absent from the district for a period exceeding 60 days.

Section 120.05 (3) was not amended by 1985 Wis. Act 332 to reflect the renumbering to s. 17.03 (4m) of the language regarding an incumbent's absence from the school district for a period exceeding 60 days.

AB846,58 Section 58 . 134.48 (1) (title) of the statutes is repealed.

Note: Deletes title, “Definitions.” The only other subsection of s. 134.48 does not have a title.

AB846,59 Section 59 . 145.02 (2) (b) of the statutes, as created by 2015 Wisconsin Act 49, is amended to read:

AB846,21,19 145.02 (2) (b) The department shall promulgate rules that establish separate plumbing standards applicable only to camping units that are set in a fixed location in a campground for which a permit is issued under s. 254.47 97.67, that contain a sleeping place, and that are used for seasonal overnight camping. If the department has appointed one or more committees under s. 227.13 to advise the department on rule making with respect to private on-site wastewater treatment systems or other plumbing systems, the department shall promulgate the rules required under this paragraph in consultation with those committees.

Note: Section 254.47 was renumbered to s. 97.67 by 2015 Wis. Act 55.

AB846,60 Section 60. 165.505 (8) of the statutes, as created by 2015 Wisconsin Act 369, is amended to read:

AB846,22,7 165.505 (8) Records and information produced in response to a subpoena issued under sub. (2) are not subject to inspection or copying under s. 19.35 (1), except that the attorney general or his or her designee may, upon request, disclose the records and information to another law enforcement agency, an Internet crimes against children task force, or a district attorney.

Note: Inserts missing article.

AB846,61 Section 61 . 165.63 (5) (title) of the statutes is created to read:

AB846,22,9 165.63 (5) (title) Return of seized firearm.

Note: All other subsections of s. 165.63 have titles.

AB846,62 Section 62 . 178.1009 (1) (a) of the statutes, as created by 2015 Wisconsin Act 295, is amended to read:

AB846,22,13 178.1009 (1) (a) The name of the registered foreign limited liability partnership before the merger or conversion.

Note: Inserts missing word consistent with the remainder of s. 178.1009. This paragraph refers back to s. 178.1009 (1) (intro.), which specifically relates to limited liability partnerships. All other references to a partnership in s. 178.1009 are to “the limited liability partnership."

AB846,63 Section 63 . 230.06 (1) (m) of the statutes, as created by 2015 Wisconsin Act 150, is amended to read:

AB846,22,17 230.06 (1) (m) Prepare a progressive discipline plan which that complies with the standards established by the administrator under s. 230.04 (13m).

Note: Replaces “which" with “that" consistent with current style.

AB846,64 Section 64 . 238.30 (7) (a) of the statutes is amended to read:

AB846,23,3 238.30 (7) (a) Except as provided in pars. (b), (c), and (d), to (e) “tax benefits" means the development zones credit under ss. 71.07 (2dx), 71.28 (1dx), 71.47 (1dx), and 76.636.

Note: Section 238.30 (7) (a) provides the definition of “tax benefits" in ss. 238.30 to 238.395 and 238.398 except when another definition is specifically provided in the remaining paragraphs of s. 238.30 (7). Section 238.30 (7) (e) was added by 2015 Wis. Act 55 to provide a specific definition of “tax benefits" in s. 238.308, but was not included in the provisions excepted from the general definition in s. 238.30 (7) (a). The list of individual paragraphs is replaced with the range of paragraphs consistent with current style.

AB846,65 Section 65 . 244.445 (2) of the statutes, as created by 2015 Wisconsin Act 300, is amended to read:

AB846,23,14 244.445 (2) Access, manage, distribute, delete, terminate, transfer, transfer ownership rights in, or otherwise control my digital accounts, other than the content of electronic communications, as defined in s. 711.03 (6), with digital accounts to include my bank or other financial institution accounts, electronic mail accounts, blogs, software licenses, social network accounts, social media accounts, file-sharing and storage accounts, financial management accounts, domain registration accounts, domain name service accounts, Web hosting accounts, tax preparation service accounts, online store accounts, and affiliated programs currently in existence or that may exist as technology develops.

Note: Deletes unnecessary language. Section 244.445 provides general conditions relating to language in powers of attorney and is not related to a particular person.

AB846,66 Section 66 . The treatment of 301.45 (3) (b) 2. of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 159. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-17, or on the 2nd day after publication of the 2017-19 biennial budget act, whichever is later, s. 301.45 (3) (b) 2. reads:

2. The department shall notify a person who is being released from prison in this state because he or she has reached the expiration date of his or her sentence and who is covered under sub. (1g) of the need to comply with the requirements of this section. Also, probation, extended supervision, and parole agents, community supervision agents, aftercare agents, and agencies providing supervision shall notify any client who is covered under sub. (1g) of the need to comply with the requirements of this section at the time that the client is placed on probation, extended supervision, parole, supervision, community supervision, or aftercare supervision or, if the client is on probation, extended supervision, parole, or other supervision from another state under ss. 48.988 and 48.989 or under s. 48.99, 304.13 (1m), 304.135, 304.16, or 938.999, when the client enters this state.

AB846,67 Section 67 . The treatment of 304.074 (2) of the statutes by 2015 Wisconsin Act 164 is not repealed by 2015 Wisconsin Act 355. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 304.074 (2) reads:

(2) The department shall charge a reasonable fee as determined by the department to probationers, parolees, and persons on extended supervision to partially reimburse the department for the costs of providing supervision and services and, as provided under s. 302.33 (2) (a) 3., to reimburse counties and tribal governing bodies. Subject to sub. (3m), the department shall collect moneys for the fees charged under this subsection and credit those moneys to the appropriation account under s. 20.410 (1) (gf).

AB846,68 Section 68 . The treatment of 341.14 (6r) (b) 1. of the statutes, as affected by 2015 Wisconsin Acts 227, 296 and 328, is amended to read:

AB846,25,6 341.14 (6r) (b) 1. Subject to subd. 1m., upon application to register an automobile or motor home, or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds, or a farm truck which has a gross weight of not more than 12,000 pounds, by any person who is a resident of this state and a member of an authorized special group or, with respect to an authorized special group designated under par. (fm) that includes the statement under par. (fm) 2. e., interested in supporting the authorized special group, the department shall issue to the person special plates whose colors and design shall indicate that the vehicle is owned by a person who is a member, or if applicable a supporter, of the applicable special group. The department may not issue any special group plates under par. (f) 55., 60., or 61r. until 6 months after the department has received information sufficient for the department to determine that any approvals required for use of any logo, trademark, trade name or other commercial symbol have been obtained. Subject to subs. (9) (d), (10) (d), and (11) (d), (11m) (d), (12) (d), (13) (d), and (14) (d), the department may not issue any special group plates under par. (f) 61m., 63., or 65., or 65m. to 68. until the department has received information sufficient for the department to determine that any license or other approval required for use of any logo, trademark or service mark, trade name or other commercial symbol to be used on or in association with these plates has been obtained.

Note: “And" and “or" were inserted by 2015 Wis. Act 296 but rendered unnecessary by 2015 Wis. Act 328. See also the renumbering of s. 341.14 (6r) (f) 65. and (11), as created by 2015 Wis. Act 328, to s. 341.14 (6r) (f) 65m. and (11m), respectively, at Section 110 .

AB846,69 Section 69 . 341.14 (6r) (c) of the statutes, as affected by 2015 Wisconsin Acts 195, 296 and 328, is amended to read:

AB846,27,11 341.14 (6r) (c) Special group plates shall display the word “Wisconsin", the name of the applicable authorized special group, a symbol representing the special group, not exceeding one position, and identifying letters or numbers or both, not exceeding 7 positions and not less than one position. Except as provided in this paragraph, the department shall specify the design for special group plates, but the department shall consult the president of the University of Wisconsin System before specifying the word or symbol used to identify the special groups under par. (f) 35. to 47., the secretary of natural resources before specifying the word or symbol used to identify the special groups under par. (f) 50. and 59., the chief executive officer of the professional football team and an authorized representative of the league of professional football teams described in s. 229.823 to which that team belongs before specifying the design for the applicable special group plate under par. (f) 55., the chief trademark officer of Harley-Davidson Michigan, LLC before specifying the design for the applicable special group plate under par. (f) 61r., the department of veterans affairs before specifying the design for the special group plates under par. (f) 49d., 49h., and 49s., and the department of tourism and chief executive officer of the organization specified in par. (f) 55m. before specifying the design and word or symbol used to identify the special group name for special group plates under par. (f) 55m., and the Three Harbors Council, Boy Scouts of America NESA License Committee before specifying the designs for the initial special group plate under par. (f) 66. Special group plates under par. (f) 50. shall be as similar as possible to regular registration plates in color and design. Special group plates issued under par. (f) 62. shall display the words “In God We Trust". The department shall make available 2 designs for the special group plates under par. (f) 60. The department may not specify any design for the special group plates under par. (f) 60. unless the design is approved by the executive vice president of the Milwaukee Brewers Baseball Club LP. The department may not specify any design for the special group plates under par. (f) 65. unless the design is approved by the president of the Milwaukee Bucks. The word or symbol used to identify the special group under par. (f) 59. shall be different from the word or symbol used to identify the special group under par. (f) 50. and the design shall cover the entire plate. Special group plates under par. (f) 61m. shall display a logo or image of the lion associated with the Lions Clubs International. Special group plates under par. (f) 61r. shall display a bar and shield logo associated with Harley-Davidson, Inc., on the left portion of the plates and the words “share the road" on the bottom portion of the plates. Special group plates under par. (f) 63. shall display the words “Trout Unlimited." Special group plates under par. (f) 65m. shall display the words “Help Cure Childhood Cancer" in purple lettering and a symbol comprised of a purple handprint superimposed upon a red heart superimposed upon a gold ribbon. Special group plates under par. (f) 66. shall display the words “Scouting Alumni" and, at the option of the vehicle owner, either a logo or symbol associated with the Boy Scouts of America or a logo or symbol associated with the Eagle Scouts. Special group plates under par. (f) 67. shall display a logo or symbol associated with Whitetails Unlimited. Special group plates under par. (f) 68. shall display a logo or symbol associated with the Wisconsin Rocky Mountain Elk Foundation. Special group plates under par. (f) 69. shall display the words “Nurses Change Lives" and an image of a heart partially encircled by a stethoscope. Notwithstanding par. (e), special group plates under par. (f) 33m. and 48m. shall be the same color and design that was specified by the department for special group plates under par. (f) 33. and 48., respectively, immediately prior to January 1, 2007. The design for special group plates under par. (f) 33. and 48. shall be different from the design of special group plates under par. (f) 33m. and 48m., respectively.

Note: Deletes unnecessary “and."

AB846,70 Section 70 . 341.14 (6r) (fm) 7. of the statutes, as affected by 2015 Wisconsin Acts 195, 296, and 328, is amended to read:

AB846,27,20 341.14 (6r) (fm) 7. After October 1, 1998, additional authorized special groups may only be special groups designated by the department under this paragraph. The authorized special groups enumerated in par. (f) shall be limited solely to those special groups specified under par. (f) on October 1, 1998. This subdivision does not apply to the special groups specified under par. (f) 3m., 6m., 9g., 9m., 12g., 12m., 15m., 15n., 15o., 15p., 15q., 19m., 33m., 48m., 49d., 49h., 49s., 54., 55., 55m., 56., 57., 58., 59., 60., 61., 61m., 61r., 62., 63., 64., and 65., 65m., 66., 67., 68., and 69.

Note: “And" was inserted by 2015 Wis. Act 296 but rendered unnecessary by 2015 Wis. Act 328. See also the renumbering of s. 341.14 (6r) (f) 65., as created by 2015 Wis. Act 328, to s. 341.14 (6r) (f) 65m. at Section 110.

AB846,71 Section 71 . The treatment of 341.145 (1) (c) of the statutes by 2015 Wisconsin Act 328 is not repealed by 2015 Wisconsin Act 227. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 341.145 (1) (c) reads:

(c) A registration plate of the same color and design as provided in s. 341.14 (6r) for a vehicle specified under s. 341.14 (6r), which displays the applicable symbol of the authorized special group to which the person belongs or supports and a registration number composed of letters or numbers, or both, not exceeding 7 positions and not less than one position, requested by the applicant.

AB846,72 Section 72 . 343.027 of the statutes, as affected by 2015 Wisconsin Act 261, is amended to read:

AB846,28,10 343.027 Confidentiality of signatures. Any signature collected under this chapter may be maintained by the department and shall be kept confidential, except that the department shall release a signature or a facsimile of a signature to the department of revenue for the purposes of administering state taxes and collecting debt, to the elections commission, in electronic or digital format, for the purposes specified in s. 6.30 (5), to the person to whom the signature relates, to a court, district attorney, county corporation counsel, city, village, or town attorney, to a law enforcement agency, or to the driver licensing agency of another jurisdiction.

Note: Inserts “to a" for internal consistency and parallel construction.

AB846,73 Section 73 . 343.165 (1) (intro.) of the statutes, as affected by 2015 Wisconsin Acts 193 and 197, is amended to read:

AB846,28,18 343.165 (1) (intro.) Subject to ss. 343.14 (3m) and 343.50 (4g), the department may not complete the processing of an application for initial issuance or renewal of an operator's license or identification card January 1, 2013 and no such license or identification card may be issued or renewed, unless the applicant presents or provides, and, subject to sub. (7), the department verifies under sub. (3), all of the following information:

Note: Deletes text inserted by 2015 Wis. Act 197 but rendered surplusage by the treatment by 2015 Wis. Act 193.

AB846,74 Section 74. 343.165 (4) (a) of the statutes, as affected by 2015 Wisconsin Acts 193 and 197, is amended to read:

AB846,29,8 343.165 (4) (a) Subsection (1) does not apply to an application for renewal of an operator's license or identification card January 1, 2013 if in connection with a prior application January 1, 2013 the applicant previously presented or provided, and the department verified under sub. (3) or (7), the information specified in sub. (1) and, if verified under sub. (3), the department recorded the date on which the verification procedures were completed as described in sub. (2) (b).

Note: Deletes text inserted by 2015 Wis. Act 197 but rendered surplusage by the treatment by 2015 Wis. Act 193.

AB846,75 Section 75 . 343.165 (5) of the statutes, as affected by 2015 Wisconsin Acts 193 and 197, is amended to read:

AB846,29,16 343.165 (5) The department may, by rule, require that applications for reinstatement of operator's licenses or identification cards, issuance of occupational licenses, reissuance of operator's licenses, or issuance of duplicate operator's licenses or identification cards January 1, 2013 be processed in a manner consistent with the requirements established under this section for applications for initial issuance or renewal of operator's licenses and identification cards.

Note: Deletes text inserted by 2015 Wis. Act 197 but rendered surplusage by the treatment by 2015 Wis. Act 193.

AB846,76 Section 76 . 343.165 (7) (a) 2. of the statutes, as affected by 2015 Wisconsin Acts 193 and 197, is amended to read:

AB846,29,21 343.165 (7) (a) 2. The operator's license or identification card is processed and issued or renewed in compliance with applicable department practices and procedures that were in effect on December 31, 2012 January 1, 2013.

Note: 2015 Wis. Act 197 replaced the phrase “the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under s. 85.515 (2) (b)" with the actual date that was stated in that notice — January 1, 2013. 2015 Wis. Act 193 replaced the same phrase, plus “immediately prior to" that preceded that phrase, and replaced that with December 31, 2012 — the actual date that is immediately prior to the date stated in the notice. The removal of “immediately prior to" by Act 193 made the date inserted by Act 197 incorrect and resulted in it being rendered surplusage.

AB846,77 Section 77 . 343.165 (7) (b) of the statutes, as affected by 2015 Wisconsin Acts 193 and 197, is amended to read:

AB846,30,6 343.165 (7) (b) In addition to other instances of original issuance or renewal, this subsection specifically applies to renewals occurring after December 31, 2012 January 1, 2013, of operator's licenses or identification cards originally issued prior to January 1, 2013.

Note: 2015 Wis. Act 193 and 2015 Wis. Act 197 each replaced the phrase “the date stated in the notice provided by the secretary of transportation and published in the Wisconsin Administrative Register under s. 85.515 (2) (b)" with an actual date—December 31, 2012, in Act 193 and January 1, 2013, in Act 197. The date stated in the published notice was January 1, 2013.

AB846,78 Section 78 . 347.06 (1) of the statutes, as affected by 2015 Wisconsin Act 165, is amended to read:

AB846,30,16 347.06 (1) Except as provided in subs. (2) and (4), no person may operate a vehicle upon a highway during hours of darkness or during a period of limited visibility unless all headlamps, tail lamps, and clearance lamps with which the vehicle is required to be equipped are lighted. Parking lamps as described in s. 347.27 may not be used for this purpose. This subsection does not apply if lamps that are automatically activated whenever the vehicle is started are in use, if the headlamps are of sufficient intensity to satisfy the requirements for daytime running lamps under 49 CFR 571.108, S5.5.11 (a) S7.10.13.

Note: Corrects cross-reference.

AB846,79 Section 79 . The treatment of 440.03 (11m) (c) 4. of the statutes by 2015 Wisconsin Act 116 is not repealed by 2015 Wisconsin Act 258. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 440.03 (11m) (c) 4. reads:

4. For a social security number obtained under par. (a), the department of revenue for the purpose of requesting certifications under s. 73.0301 and administering state taxes and the department of workforce development for the purpose of requesting certifications under s. 108.227.

AB846,80 Section 80 . The treatment of 452.12 (4) of the statutes by 2015 Wisconsin Act 258 is not repealed by 2015 Wisconsin Act 269. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 452.12 (4) reads:

(4) Register of licensees. The board shall include in the register the board maintains under s. 440.035 (1m) (d) the names of all persons whose licenses issued under this chapter were revoked within the past 2 years. The register shall be available for purchase at cost.

AB846,81 Section 81 . The treatment of 767.75 (1f) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 172. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 767.15 (1f) reads:

(1f) Payment order as assignment of income. A payment order constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108, lottery prizes that are payable in installments, and other money due or to be due in the future to the department or its designee. The assignment shall be for a fixed sum regardless of whether the court-ordered obligation on which the assignment is based is expressed in the court order as a percentage of the payer's income, and shall be for an amount sufficient to ensure payment under the order, obligation, or stipulation and to pay any arrearages due at a periodic rate not to exceed 50 percent of the amount of support due under the order, obligation, or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under 42 USC 9902 (2).

AB846,82 Section 82 . 809.19 (12) (a) and (b) and (13) (a) and (b) of the statutes are amended to read:

AB846,31,11 809.19 (12) (a) General rule. An attorney filing a brief under these rules shall file with the court a copy of the brief in electronic form. A self-represented party is not required to file an electronic copy of the brief, but may do so as provided for in this subsection. Notwithstanding s. 801.17 801.18 (9), the paper copy of the brief remains the official court record.

AB846,31,13 (b) Process. Attorneys and self-represented parties filing an electronic brief shall use the electronic filing system under s. 801.17 801.18.

AB846,32,5 (13) (a) General rule. An attorney filing an appendix under these rules may file with the court a copy of the appendix in electronic form. A self-represented party is not required to file an electronic copy of the appendix, but may do so as provided for in this subsection. Notwithstanding s. 801.17 801.18 (9), the paper copy of the appendix remains the official court record.

AB846,32,7 (b) Process. Attorneys and self-represented parties filing an electronic appendix 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.

AB846,83 Section 83 . 809.32 (1) (fm) of the statutes is amended to read:

AB846,33,6 809.32 (1) (fm) Electronic no-merit report and supplemental no-merit report. An attorney filing a no-merit report or the optional supplemental no-merit report under this rule shall file with the court a copy of the no-merit report and supplemental no-merit report, if any, in electronic form, using the procedure under s. 809.19 (12). The date on which the paper no-merit report or supplemental no-merit report is filed shall be the official date of filing of the no-merit report or supplemental no-merit report. The electronic copy of the no-merit report and supplemental no-merit report shall be electronically transmitted on or before the date that the paper no-merit report and supplemental no-merit report is filed. An electronic copy of a no-merit report or supplemental no-merit report submitted to the electronic filing system before the close of regular business hours shall be considered transmitted on that date. An electronic no-merit report or supplemental no-merit report submitted after the close of regular business hours shall be considered transmitted the next business day. The attorney shall certify that the text of the electronic copy of the report is identical to the text of the paper copy of the report. Notwithstanding s. 801.17 801.18 (9), the paper copy of the no-merit report or supplemental no-merit report remains the official court record. An attorney who lacks technological capability to comply with this subsection may file a motion under s. 809.14 for relief from the electronic filing requirements at the time the attorney files the paper no-merit report or supplemental no-merit report. An attorney shall show 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.

AB846,84 Section 84 . 809.62 (4) (b) of the statutes is amended to read: