Feed for /2003/related/acts/326 PDF
Date of enactment: May 27, 2004
2003 Senate Bill 564 Date of publication*: June 11, 2004
* Section 991.11, Wisconsin Statutes 2001-02 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2003 WISCONSIN ACT 326
An Act relating to: repealing, consolidating, renumbering, amending, and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references, eliminating defects, anachronisms, conflicts, ambiguities, and obsolete provisions, reconciling conflicts, and repelling unintended repeals (Revisor's Correction Bill).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
326,1 Section 1. 6.35 (3) of the statutes, as affected by 2003 Wisconsin Act .... (Assembly Bill 600), is amended to read:
6.35 (3) Original registration records forms shall be maintained in the office of the municipal clerk or board of election commissioners at all times.
Note: 2003 Wis. Act (AB 600) inserted "records" and deleted "forms" without strikes and scores. No change was intended.
326,2 Section 2. 6.50 (7) of the statutes, as affected by 2003 Wisconsin Act .... (Assembly Bill 600), is amended to read:
6.50 (7) When an elector's registration is changed from eligible to ineligible status, the municipal clerk shall make an entry on the registration list, giving the date of and cause reason for the change.
Note: Deletes word inadvertently retained by 2003 Wis. Act (AB 600).
326,3 Section 3. 16.527 (7) (a) 2. of the statutes, as created by 2003 Wisconsin Act 33, is amended to read:
16.527 (7) (a) 2. A determination by the department that a refinancing is advantageous or that any of the amounts provided under subd. 1. should be included in the refinancing shall be conclusive.
Note: Inserts missing word.
326,4 Section 4. 20.115 (2) (j) of the statutes, as affected by 2003 Wisconsin Act 133, section 2, is amended to read:
20.115 (2) (j) Dog licenses, rabies control and related services. All moneys received under ss. 95.21 (9) (c), 173.27, 173.40, and 174.09 (1) and (3), to provide dog license tags and forms under s. 174.07 (2), to perform other program responsibilities under ch. 174, to administer the rabies control program under s. 95.21, to help administer the rabies control media campaign, and to carry out activities under s. 93.07 (11) and ch. 173.
Note: Section 173.40 was repealed by 2003 Wis. Act 33.
326,5 Section 5. 20.245 (1) (j) of the statutes is amended to read:
20.245 (1) (j) Self-amortizing facilities; principal repayment, interest, and rebates. A sum sufficient from the revenues received under pars. (g) and (h) and (r) to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the acquisition, construction, development, enlargement, or improvement of facilities of the historical society and to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing such facilities.
Note: Corrects cross-reference. 2003 Wis. Act 91 renumbered s. 20.245 (1) (g) to s. 20.245 (1) (r).
326,6 Section 6. 20.435 (1) (gm) of the statutes is amended to read:
20.435 (1) (gm) Licensing, review and certifying activities; fees; supplies and services. The amounts in the schedule for the purposes specified in ss. 146.50 (8), 250.05 (6), 252.23, 252.24, 252.245, 254.176, 254.178, 254.179, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.89 254.88 and 255.08 (2) and ch. 69, for the purchase and distribution of medical supplies and to analyze and provide data under s. 250.04. All moneys received under ss. 146.50 (5) (f), (8) (d), 250.04 (3m), 250.05 (6), 252.23 (4) (a), 252.24 (4) (a), 252.245 (9), 254.176, 254.178, 254.181, 254.20 (5) and (8), 254.31 to 254.39, 254.41, 254.47, 254.61 to 254.89 254.88 and 255.08 (2) (b) and ch. 69 and as reimbursement for medical supplies shall be credited to this appropriation account.
Note: 2003 Wis. Act 33 renumbered s. 254.89 to s. 97.24 (5) and moved the responsibilities under s. 254.89 from DHFS to DATCP.
326,7 Section 7. The treatment of 20.455 (2) (i) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 20.455 (2) (i) reads:
(i) Penalty surcharge, receipts. The amounts in the schedule for the purposes of s. 165.85 (5) (b) and for crime laboratory equipment. All moneys received from the penalty surcharge on court fines and forfeitures as allocated to this appropriation account under s. 757.05 (2) (a), and all moneys transferred under 2003 Wisconsin Act 33, sections 9201 (1p), 9210 (1p), 9215 (1) (gp), 9232 (1p), 9240 (1p), and 9241 (1p), shall be credited to this appropriation account. Moneys may be transferred from this paragraph to pars. (j), (ja), and (jb) by the secretary of administration for expenditures based upon determinations by the department of justice.
326,8 Section 8. The treatment of 20.475 (1) (i) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 20.475 (1) (i) reads:
(i) Other employees. The amounts in the schedule to reimburse Milwaukee County for the costs of clerks necessary for the prosecution of violent crime cases under s. 978.13 (1) (c), clerks providing clerical services under s. 978.13 (1) (b) to prosecutors handling cases involving felony violations under ch. 961, and clerks providing clerical services under s. 978.13 (1) (d) to prosecutors handling cases involving the unlawful possession or use of firearms. All moneys received under s. 814.86 (1m) shall be credited to this appropriation account.
326,9 Section 9. The treatment of 20.530 (1) (ja) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 20.505 (1) (ja), as renumbered from s. 20.530 (1) (ja) by 2003 Wis. Act 33, reads:
(ja) Justice information systems. The amounts in the schedule for the development and operation of automated justice information systems under s. 16.971 (9). Two-ninths of the moneys received under s. 814.86 (1) shall be credited to this appropriation account.
326,10 Section 10. The treatment of 20.505 (6) (j) (intro.) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 20.505 (6) (j) (intro.) reads:
(j) Penalty surcharge receipts. (intro.) All moneys received from the penalty surcharge under s. 757.05 (2) (b) on court fines and forfeitures and all moneys transferred under 2003 Wisconsin Act 33, sections 9201 (1p), 9210 (1p), 9215 (1) (gp), 9232 (1p), 9240 (1p), and 9241 (1p), for the purpose of transferring the following amounts to the following appropriation accounts:
326,11 Section 11. 20.924 (4) of the statutes is amended to read:
20.924 (4) In addition to the authorized building program for the historical society, the society may expend any funds which are made available from the appropriations under s. 20.245 (1) (a), (g), (h), (m), and (n), and (r).
Note: Corrects cross-reference. 2003 Wis. Act 91 renumbered s. 20.245 (1) (g) to s. 20.245 (1) (r).
326,12 Section 12. The treatment of 21.18 (3) of the statutes by 2003 Wisconsin Act 25 is not repealed by 2003 Wisconsin Act 69. Both treatments stand.
Note: There is no conflict of substance. The amendment of s. 21.18 (3) by 2003 Wis. Act 25 divided that provision into 3 parts, subs. (3), (4), and (5). As merged by the revisor, s. 21.18 (3), (4), and (5) read:
(3) All staff officers appointed under sub. (1), except the adjutant general whose tenure is governed by ss. 15.31 and 17.07 (5), shall hold their positions unless terminated earlier by resignation, disability, or for cause or unless federal recognition of the officer's commission under 32 USC 323 is refused or withdrawn. The governor shall remove an officer whose federal recognition is refused or withdrawn, effective on the date of the loss of federal recognition.
(4) The terms of the deputy adjutants general for army and air shall be 5 years beginning on the first day of the 7th month of the term of the adjutant general. The deputy adjutants general may be reappointed to successive terms.
(5) The adjutant general shall appoint persons to fill vacancies in positions in the military staff of the governor. Vacancies on the military staff of the governor shall be filled by appointment from officers actively serving in the national guard, except as provided in s. 15.31. Interim vacancies shall be filled by appointment by the adjutant general for the residue of the unexpired term.
326,13 Section 13. The treatment of 23.33 (4c) (b) 4. of the statutes by 2003 Wisconsin Act 30 is not repealed by 2003 Wisconsin Act 97. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 23.33 (4c) (b) 4. a., as renumbered from s. 23.33 (4c) (b) 4. by 2003 Wis. Act 97, reads:
a. In an action under this paragraph, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, did not have an alcohol concentration of 0.08 or more, or did not have a detectable amount of a restricted controlled substance in his or her blood.
326,14 Section 14. 23.85 of the statutes, as affected by 2003 Wisconsin Acts 33 and 139, is amended to read:
23.85 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board of supervisors, submit to it a verified statement of all forfeitures,, costs, fees, and surcharges imposed under ch. 814 and received during the previous year. The county clerk shall deduct all expenses incurred by the county in recovering those forfeitures,, costs, fees, and surcharges from the aggregate amount so received, and shall immediately certify the amount of clear proceeds of those forfeitures,, costs, fees, and surcharges to the county treasurer, who shall pay the proceeds to the state as provided in s. 59.25 (3). Jail surcharges imposed under ch. 814 shall be treated separately as provided in s. 302.46.
Note: Deletes commas inserted by 2003 Wis. Act 33, but rendered superfluous by 2003 Wis. Act 139.
326,15 Section 15. The treatment of 29.983 (1) (e) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 29.983 (1) (e) reads:
(e) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the wild animal protection surcharge under this section. If the deposit is forfeited, the amount of the wild animal protection surcharge shall be transmitted to the secretary of administration under par. (f). If the deposit is returned, the wild animal protection surcharge shall also be returned.
326,16 Section 16. The treatment of 29.983 (1) (f) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 29.983 (1) (f) reads:
(f) The clerk of the court shall collect and transmit to the county treasurer the wild animal protection surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.
326,17 Section 17. The treatment of 29.985 (1) (c) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 29.985 (1) (c) reads:
(c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the fishing shelter removal surcharge under this section. If the deposit is forfeited, the amount of the fishing shelter removal surcharge shall be transmitted to the secretary of administration under par. (d). If the deposit is returned, the fishing shelter removal surcharge shall also be returned.
326,18 Section 18. The treatment of 29.985 (1) (d) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 29.985 (1) (d) reads:
(d) The clerk of the court shall collect and transmit to the county treasurer the fishing shelter removal surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.
326,19 Section 19. The treatment of 29.987 (1) (c) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 29.987 (1) (c) reads:
(c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources surcharge under this section. If the deposit is forfeited, the amount of the natural resources surcharge shall be transmitted to the secretary of administration under par. (d). If the deposit is returned, the natural resources surcharge shall also be returned.
326,20 Section 20. 29.987 (1) (d) of the statutes, as affected by 2003 Wisconsin Acts 33 and 139, is amended to read:
29.987 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The secretary of administration shall deposit the amount of the natural resources surcharge in the conservation fund.
Note: 2003 Wis. Act 33 changed state treasurer to secretary of administration in s. 59.25 (3) (f) 2.
326,21 Section 21. The treatment of 29.989 (1) (c) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 29.989 (1) (c) reads:
(c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources restitution surcharge under this section. If the deposit is forfeited, the amount of the natural resources restitution surcharge shall be transmitted to the secretary of administration under par. (d). If the deposit is returned, the natural resources restitution surcharge shall also be returned.
326,22 Section 22. The treatment of 29.989 (1) (d) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139. Both treatments stand.
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