AB846: Bill Text

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 The treatment of 452.12 (4) of the statutes by 2015 Wisconsin Act 258 is not repealed by 2015 Wisconsin Act 269.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 The treatment of 767.75 (1f) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 172.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:

AB846,33,19 809.62 (4) (b) Electronic petition for review. An attorney filing a petition for review under this rule shall file with the clerk of the supreme court a copy of the petition for review or response in electronic form using the procedure under s. 809.19 (12) and may file a copy of an appendix to the petition for review or response in electronic form using the procedure under s. 809.19 (13). A self-represented party is not required to file an electronic copy of the petition for review or response, but may do so as provided for in this subsection. Notwithstanding s. 801.17 801.18 (9), the paper copy of the petition for review or response 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 petition for review. An attorney shall show good cause 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.

AB846,85 Section 85. 813.115 of the statutes, as created by 2015 Wisconsin Act 349, is amended to read:

AB846,34,15 813.115 Service notification system. A sheriff who executes or serves, or who assists a petitioner in executing or serving, a temporary restraining order, injunction, or other document or notice under s. 812.12 813.12, 813.122, 813.123, or 813.125 may use the Wisconsin Statewide Victim Notification service or another service notification system administered by the department of corrections that enables the petitioner to receive an automated notification of the service of the temporary restraining order, injunction, or other document or notice that must be served on the respondent. A sheriff for a county that uses the system shall enter each order for service into the system as soon as practicable so that the petitioner receives timely notification of the service. The clerk of court for a county that uses a service notification system shall, at the time a petition is filed under s. 812.12 813.12, 813.122, 813.123, or 813.125, make available to the petitioner information on how to 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.

AB846,86 Section 86 . 814.65 (1) of the statutes is amended to read:

AB846,35,2 814.65 (1) Court costs. In a municipal court action, except for a financial responsibility violation under s. 344.62 (2) or for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $38 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.

NOTE: The underscored comma was deleted by 2009 Wis. Act 121 without being stricken. No change was intended.

AB846,87 Section 87 . 895.519 (3) (c) of the statutes, as created by 2015 Wisconsin Act 293, is amended to read:

AB846,35,7 895.519 (3) (c) Fails to conspicuously post warning signs of a dangerous inconspicuous condition known to him or her on the property that he or she owns, leases, rents, or is otherwise in lawful control of or possession of.

Note: Corrects grammar.

AB846,88 Section 88 . 938.38 (4) (h) 7. of the statutes, as created by 2015 Wisconsin Act 128, is amended to read:

AB846,35,18 938.38 (4) (h) 7. A document that describes the rights of the juvenile with respect to education, health, visitation, and participation in court proceedings, the right of the juvenile to receive the documents and information specified in s. 938.385 (2), the right of the juvenile to receive a copy of the juvenile's consumer report, as defined in 15 USCa USC 1681a (d), and the right of the juvenile to stay safe and to avoid exploitation, together with a signed acknowledgement by the juvenile that he or she has been provided with a copy of that document and that the rights described in that document have been explained to him or her in an age-appropriate and developmentally 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."

AB846,89 Section 89 . The treatment of 938.78 (3) of the statutes by 2015 Wisconsin Act 55 is not repealed by 2015 Wisconsin Act 149. Both treatments stand.

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.

AB846,90 Section 90 . The treatment of 941.29 (1) (f) of the statutes by 2015 Wisconsin Act 109 is not repealed by 2015 Wisconsin Act 352. Both treatments stand.

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).

AB846,91 Section 91 . The treatment of 942.09 (2) (bm) (intro.) of the statutes by 2015 Wisconsin Act 292 is not repealed by 2015 Wisconsin Act 370. Both treatments stand.

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.