SB566: Bill Text

SB566, s. 4 Section 4. 6.79 (2) (a) of the statutes, as affected by 2003 Wisconsin Act 265, section 95g, is amended to read:

SB566,4,13 6.79 (2) (a) Except as provided in sub. (6) (b), where there is registration, each person, before receiving a voting number, shall state his or her full name and address. Upon the prepared registration list, after the name of each elector, the officials shall enter the serial number of the vote as it is polled, beginning with number one. Each elector shall receive a slip bearing the same serial number. A separate list shall be maintained for electors who are voting under s. 6.15, 6.29 or 6.55 (2) or (3) and electors who are reassigned from another polling place under s. 5.25 (5) (b). Each such elector shall have his or her full name, address and serial number likewise entered and shall be given a slip bearing such number.

Note: Section 6.79 (6) (b) is renumbered s. 6.79 (6) by 2003 Wis. Act 265.

SB566, s. 5 Section 5. The treatment of 16.385 (3) (e) 7. of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act .... (Senate Bill 558). Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 16.27 (3) (e) 7., as renumbered from s. 16.385 (3) (e) 7. by 2003 Wis Act 33, reads:

7. By October 1 of each year, allocate funds budgeted but not spent and any funds remaining from previous fiscal years to heating assistance under sub. (6) or to the weatherization assistance program under s. 16.26.

SB566, s. 6 Section 6. 20.115 (2) (j) (title) of the statutes, as affected by 2003 Wisconsin Act .... (Senate Bill 564), is amended to read:

SB566,4,19 20.115 (2) (j) (title) Dog licenses, rabies control, and related services.

Note: The underscored comma was deleted by 2003 Wis. Act .... (SB 564) without being shown as stricken. No change was intended.

SB566, s. 7 Section 7. 20.370 (6) (eg) of the statutes, as created by 2003 Wisconsin Act 314, is renumbered 20.370 (6) (eh).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2003 Wis. Act 310 also creates a provision numbered s. 20.370 (6) (eg).

SB566, s. 8 Section 8. The treatment of 20.435 (1) (gm) of the statutes by 2003 Wisconsin Act .... (Senate Bill 557) is not repealed by 2003 Wisconsin Act .... (Senate Bill 564). Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 20.435 (1) (gm) reads:

(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 254.88, 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) and (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 254.88, and 255.08 (2) (b) and ch. 69 and as reimbursement for medical supplies shall be credited to this appropriation account.

SB566, s. 9 Section 9. The treatment of 30.12 (3) (a) 6. of the statutes by 2003 Wisconsin Act 118 is not repealed by 2003 Wisconsin Act .... (Senate Bill 558). Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 30.12 (3) (a) 6. reads:

6. Place a permanent boat shelter adjacent to the owner's property for the purpose of storing or protecting watercraft and associated materials, except that no general or individual permit may be issued for a permanent boat shelter that is constructed after May 3, 1988, if the property on which the permanent boat shelter is to be located also contains a boathouse within 75 feet of the ordinary high-water mark or if there is a boathouse over navigable waters adjacent to the owner's property.

SB566, s. 10 Section 10. 30.209 (1) (title) of the statutes is created to read:

SB566,5,10 30.209 (1) (title) Definition.

Note: The other subsections in this section have titles.

SB566, s. 11 Section 11. 33.30 (2m) (a) of the statutes, as created by 2003 Wisconsin Act 275, is amended to read:

SB566,5,13 33.30 (2m) (a) The proposed annual budget required under sub. s. 33.29 (1) (g).

Note: Inserts correct cross-reference. There is no s. 33.30 (1) (g). Section 33.29 (1) (g), as created by 2003 Wis. Act 275, requires the proposed annual budgets.

SB566, s. 12 Section 12. The treatment of 49.175 (1) (z) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act .... (Senate Bill 558). Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 49.175 (1) (z) reads:

(z) Grants to the Boys and Girls Clubs of America. For grants to the Wisconsin Chapter of the Boys and Girls Clubs of America to fund programs that improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., $300,000 in each fiscal year.

SB566, s. 13 Section 13. 60.85 (7) (a) of the statutes, as affected by 2003 Wisconsin Act .... (Senate Bill 564), is amended to read:

SB566,6,13 60.85 (7) (a) Any person who operates for profit and is paid project costs under sub. (1) (h) 1. a., d., i., and j. in connection with the project plan for a tax incremental district shall notify the department of workforce development and the local workforce development board established under 29 USC 2832 of any positions to be filled in the county in which the town which that created the tax incremental district is located during the period commencing with the date the person first performs work on the project and ending one year after receipt of its final payment of project costs. The person shall provide this notice at least 2 weeks prior to advertising the position.

Note: Inserts serial comma and replaces "which" with "that" in conformity with current style.

SB566, s. 14 Section 14. 66.0217 (14) of the statutes, as created by 2003 Wisconsin Act 171, is renumbered 66.0217 (15).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2003 Wis. Act 317 also created a provision numbered s. 66.0217 (14).

SB566, s. 15 Section 15. The treatment of 66.0223 of the statutes by 2003 Wisconsin Act 171 is not repealed by 2003 Wisconsin Act 317. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 66.0223 (1), as renumbered from s. 66.0223 by 2003 Wis. Act 317, reads:

(1) In addition to other methods provided by law and subject to sub. (2) and ss. 59.692 (7) and 66.0307 (7), territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed and the names of the towns from which detached, and attaches the territory to the village or city upon the filing of 7 certified copies of the ordinance in the office of the secretary of state, together with 7 copies of a plat showing the boundaries of the territory attached. Two copies of the ordinance and plat shall be forwarded by the secretary of state to the department of transportation, one copy to the department of administration, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of public instruction. Within 10 days of filing the certified copies, a copy of the ordinance and plat shall be mailed or delivered to the clerk of the county in which the annexed territory is located. Sections 66.0203 (8) (c) and 66.0217 (11) apply to annexations under this section.

SB566, s. 16 Section 16. 66.0419 (3m) (a) 3. of the statutes, as created by 2003 Wisconsin Act 278, is amended to read:

SB566,7,4 66.0419 (3m) (a) 3. The provision of broadband service by the cable television system, if the requirements of s. 66.0422 (3d) (a) 1., 2., (b), or 3. (c) are satisfied.

Note: Section 66.0422 (3d) (a) is renumbered s. 66.0422 (3d) by this bill.

SB566, s. 17 Section 17. 66.0422 (3d) (a) of the statutes, as created by 2003 Wisconsin Act 278, is renumbered 66.0422 (3d), and 66.0422 (3d) (b) and (c), as renumbered, are amended to read:

SB566,7,12 66.0422 (3d) (b) The local government determines that a person who responded to a written request under subd. 1. par. (a) that the person currently provides broadband service to the area did not actually provide broadband service to the area and no other person makes the response to the local government described in subd. 1. par. (a).

SB566,8,2 (c) The local government determines that a person who responded to a written request under subd. 1. par. (a) that the person intended to provide broadband service to the area within 9 months did not actually provide broadband service to the area within 9 months and no other person makes the response to the local government described in subd. 1. par. (a).

Note: Section 66.0422 (3d) has no other paragraphs.

SB566, s. 18 Section 18. 66.1001 (5) of the statutes, as created by 2003 Wisconsin Act 307, is renumbered 66.1001 (6).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2003 Wis. Act 233 also created a provision numbered s. 66.1001 (5).

SB566, s. 19 Section 19. 77.89 (2) (b) (title) of the statutes, as affected by 2003 Wisconsin Act 228, section 65, is repealed.

Note: Allows for consistency between s. 77.89 (2) (a) and (b). The renumbering by 2003 Wis. Act 228 of s. 77.89 (2) to s. 77.89 (2) (a) and s. 77.89 (3) to s. 77.89 (2) (b) resulted in s. 77.89 (2) (a) not having a title and s. 77.89 (2) (b) having a title.

SB566, s. 20 Section 20. The treatment of 79.035 (2) (a) 1. of the statutes by 2003 Wisconsin Act 164 is not repealed by 2003 Wisconsin Act .... (Senate Bill 557). Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 79.035 (2) (a) 1. reads:

1. Except as provided under ss. 79.02 (3) (e) and 79.043 (2) and (3), for the distribution in 2004, each county and municipality will receive a payment that is equal to the amount of the payments the county or municipality would have received in 2003 under ss. 79.03, 79.058, and 79.06, if not for the reductions under s. 79.02 (3) (c) 3., less the amount of the reduction under subd. 2.

SB566, s. 21 Section 21. 82.16 (title) of the statutes, as affected by 2003 Wisconsin Act 214, is amended to read:

SB566,8,12 82.16 (title) Highway orders; presumptions ; limitation of actions.

Note: After the treatment by 2003 Wis. Act 214, section 94, s. 82.16 contains no reference to limitations of actions.

SB566, s. 22 Section 22. 83.08 (4) of the statutes, as affected by 2003 Wisconsin Act 212, is amended to read:

SB566,9,6 83.08 (4) Subject to s. 84.09 (3) (c) and to the approval of the department, the county board is authorized and empowered to sell at public sale, or to sell at private sale for fair market value to an owner of adjacent property, property, owned by the county in fee for highway purposes, when the county board shall determine that such property is no longer necessary for the county's use for highway purposes. The funds derived from such sale shall be deposited in the county highway fund and the expense incurred in connection with the sale shall be paid from that fund. However, approval of the department is not required where county funds only have been used.

Note: 2003 Wis. Act 212 deleted the underscored comma without showing it as stricken. No change was intended.

SB566, s. 23 Section 23. The treatment of 84.09 (5) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 211. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 84.09 (5) reads:

(5) Subject to the approval of the governor, the department may sell at public or private sale property of whatever nature owned by the state and under the jurisdiction of the department when the department determines that the property is no longer necessary for the state's use for transportation purposes and, if real property, the real property is not the subject of a petition under s. 560.9810 (2). The department shall present to the governor a full and complete report of the property to be sold, the reason for the sale, and the minimum price for which the same should be sold, together with an application for the governor's approval of the sale. The governor shall thereupon make such investigation as he or she may deem necessary and approve or disapprove the application. Upon such approval and receipt of the full purchase price, the department shall by appropriate deed or other instrument transfer the property to the purchaser. The approval of the governor is not required for public or private sale of property having a fair market value at the time of sale of not more than $15,000, for the transfer of surplus state real property to the department of administration under s. 560.9810, or for the transfer of surplus state personal property to the department of tourism under sub. (5s). The funds derived from sales under this subsection shall be deposited in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from such fund.

SB566, s. 24 Section 24. The treatment of 84.09 (5r) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 211. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor s. 84.09 (5r) reads:

(5r) In lieu of the sale or conveyance of property under sub. (5) or (5m), the department may, subject to the approval of the governor, donate real property that is adjacent to the veterans memorial site located at The Highground in Clark County and owned by the state and under the jurisdiction of the department to the Wisconsin Vietnam Veterans Memorial Project, Inc., for the purpose of the veterans memorial site located at The Highground in Clark County for the purpose of a memorial hall specified in s. 70.11 (9). The department may donate property under this subsection only when the department determines that the property is no longer necessary for the state's use for transportation purposes and is not the subject of a petition under s. 560.9810 (2) and is transferred with a restriction that the donee may not subsequently transfer the real property to any person except to this state, which shall not be charged for any improvements thereon. Such restriction shall be recorded in the office of the register of deeds in the county in which the property is located. The department shall present to the governor a full and complete report of the property to be donated, the reason for the donation, and the minimum price for which the property could likely be sold under sub. (5), together with an application for the governor's approval of the donation. The governor shall thereupon make such investigation as he or she considers necessary and approve or disapprove the application. Upon such approval, the department shall by appropriate deed or other instrument transfer the property to the donee. The approval of the governor is not required for donation of property having a fair market value at the time of donation of not more than $15,000. Any expense incurred by the department in connection with the donation shall be paid from the transportation fund.

SB566, s. 25 Section 25. 84.1026 (1) of the statutes, as created by 2003 Wisconsin Act 218, is amended to read:

SB566,10,7 84.1026 (1) The department shall designate and, subject to sub. (2), mark the route of USH 151, commencing at the Wisconsin-Illinois Wisconsin-Iowa border and proceeding easterly to Manitowoc, as the "Wisconsin Law Enforcement Officers Highway" to commemorate and honor all law enforcement officers of this state for their dedicated public service in defending and protecting life, health, and property.

Note: The Wisconsin part of U.S. Highway 151 starts at the Iowa-Wisconsin border, crossing the Mississippi River at Dubuque, Iowa.

SB566, s. 26 Section 26. 85.21 (3m) (bm) of the statutes, as created by 2003 Wisconsin Act 297, is amended to read:

SB566,10,14 85.21 (3m) (bm) Notwithstanding par. (b) 4. and 5. 7., a specialized transportation service that is operated by a county or that contracts with a county for services under this section may employ as an operator of a human service vehicle any person holding a valid school bus endorsement under s. 343.12 that was issued or renewed within 4 years prior to employment.

Note: Corrects cross-reference, consistent with s. 85.21 (3m) (dm), as created by 2003 Wis. Act 297.

SB566, s. 27 Section 27. The treatment of 101.563 (2) (b) 1. of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act .... (Senate Bill 558). Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 101.563 (2) (b) 1. reads:

1. `Payments from calendar year 2001 dues.' Notwithstanding s. 101.573 (3) (a), by the 30th day following July 30, 2002, the department shall compile the fire department dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), subtract the total amount due to be paid under par. (a), withhold 0.5%, and certify to the secretary of administration the proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) (b) and s. 101.575. If the department has previously certified an amount to the secretary of administration under s. 101.573 (3) (a) during calendar year 2002, the department shall recertify the amount in the manner provided under this subdivision. On or before August 1, 2002, the secretary of administration shall pay the amounts certified or recertified by the department under this subdivision to each city, village, and town entitled to a proportionate share of fire department dues as provided under sub. (1) and s. 101.575. The secretary of administration may combine any payment due under this subdivision with any amount due to be paid on or before August 1, 2002, to the same city, village, or town under par. (a).

SB566, s. 28 Section 28. The treatment of 101.563 (2) (b) 3. of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act .... (Senate Bill 558). Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 101.563 (2) (b) 3. reads:

3. `Payments to correct errors.' The amounts withheld under subds. 1. and 2. shall be disbursed to correct errors of the department or the commissioner of insurance. The department shall certify to the secretary of administration the amount that must be disbursed to correct an error and the secretary of administration shall pay the amount to the specified city, village, or town. The balance of the amount withheld in a calendar year under subd. 1. or 2., as applicable, that is not disbursed under this subdivision shall be included in the total compiled by the department under subd. 2. for the next calendar year, except that amounts withheld under subd. 2. from fire department dues collected for calendar year 2004 that are not disbursed under this subdivision shall be included in the total compiled by the department under s. 101.573 (3) (a) for the next calendar year. If errors in payments exceed the amount withheld, adjustments shall be made in the distribution for the next year.

SB566, s. 29 Section 29. The treatments of 165.755 (1) (b) of the statutes by 2003 Wisconsin Acts 30 and 139 are not repealed by 2003 Wisconsin Act 268. All treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 165.755 (1) (b) reads:

(b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (b), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation or a safety belt use violation under s. 347.48 (2m).

SB566, s. 30 Section 30. 196.204 (5) (ar) 2. of the statutes, as created by 2003 Wisconsin Act 278, is amended to read:

SB566,12,10 196.204 (5) (ar) 2. For purposes of subd. 1., the total service long-run incremental cost of a local government telecommunications utility shall take into account, by imputation or allocation, equivalent charges for all taxes, pole rentals, rights-of-way, licenses, and similar costs that are incurred by nongovernmental telecommunications utilities. This subdivision does not apply to a local government telecommunications utility that is subject to the exemption under s. 66.0422 (3m) (3n). This subdivision also does not apply to a telecommunications service, relevant group of services, or basic network function if all of the following conditions apply:

Note: Inserts the correct cross-reference. Separate adopted amendments to 2003 Senate Bill 272, which was enacted as 2003 Wis. Act 278, created different provisions numbered s. 66.0422 (3m). In enrolling the amendments, s. 66.0422 (3m), created in Assembly Amendment 7, was renumbered s. 66.0422 (3n), but the cross-reference to s. 66.0422 (3m) inserted by Assembly Amendment 7 in s. 196.204 (5) (ar) 2. was not changed accordingly.

SB566, s. 31 Section 31. The treatment of 218.0114 (1) of the statutes by 2003 Wisconsin Act 215 is not repealed by 2003 Wisconsin Act 216. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 11-1-04, s. 218.0114 (1) reads:

(1) No motor vehicle dealer, motor vehicle wholesaler, motor vehicle salesperson, motor vehicle buyer, or sales finance company may engage in business as a motor vehicle dealer, motor vehicle wholesaler, motor vehicle salesperson, motor vehicle buyer, or sales finance company in this state without a license therefor as provided in ss. 218.0101 to 218.0163. If any motor vehicle dealer acts as a motor vehicle salesperson, he or she shall secure a motor vehicle salesperson's license in addition to a motor vehicle dealer license. Every motor vehicle dealer shall be responsible for the licensing of every motor vehicle salesperson or motor vehicle buyer in his or her employ. Any person violating this subsection may be required to forfeit not less than $500 nor more than $5,000.

SB566, s. 32 Section 32. 255.055 of the statutes, as created by 2003 Wisconsin Act 175, is renumbered 255.056.

Note: 2003 Wis. Act 176 also created a provision numbered s. 255.055.

SB566, s. 33 Section 33. 299.83 (6) (a) 1. of the statutes, as created by 2003 Wisconsin Act 276, is amended to read:

SB566,13,8 299.83 (6) (a) 1. Describe the involvement of interested persons in developing the proposal for maintaining and improving the applicant's superior environmental performance, identify the interested persons, and describe the interests that those person persons have in the applicant's participation in the program.

Note: Corrects spelling.

SB566, s. 34 Section 34. The treatments of 302.46 (1) (a) of the statutes by 2003 Wisconsin Acts 30 and 139 are not repealed by 2003 Wisconsin Act 268. All treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 302.46 (1) (a) reads:

(a) On or after October 1, 1987, if a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1% of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.