AB969: Bill Text

Note: Inserts necessary word.

AB969, s. 113 Section 113. 293.45 (1) of the statutes is amended to read:

AB969,42,9 293.45 (1) The department shall issue a prospecting permit under this section to an applicant within 60 days following the date of the completion of the hearing record if, on the basis of the application, the department's investigation and hearing and any written comments, it finds that the site is not unsuitable for prospecting or, absent a certification under sub. s. 293.35 (1), surface mining, the department has approved the prospecting plan and the reclamation plan complies with ss. 293.13 (2) and 293.35 (2) and (3) and rules promulgated under ss. 293.13 (2) and 293.35 (2) and (3). The department may modify any part of the application or reclamation plan and approve it as modified. Except as otherwise provided in this chapter, prospecting permits shall be valid for the life of the project, unless canceled under s. 293.83 (1) or (3) or 293.85 or revoked under s. 293.87 (2) or (3).

Note: Inserts correct cross-reference. 1995 Wis. Act 227 renumbered this provision from s. 144.84 (2) but did not change the then existing cross-reference to s. 144.84 (1), which was renumbered by the same act to s. 293.35 (1).

AB969, s. 114 Section 114. 301.45 (5m) (a) 3. b. of the statutes, as created by 1999 Wisconsin Act 89, is amended to read:

AB969,42,15 301.45 (5m) (a) 3. b. Ten years from the date on which the person was released from prison or placed on parole, probation, extended supervision or other supervised release for the sex offense which that subjects the person to the requirements of this section.

Note: Replaces "which" with "that" to correct grammar.

AB969, s. 115 Section 115. The treatment of 341.04 (1) (intro.) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 80. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 341.04 (1) (intro.) reads:

(1) It is unlawful for any person to operate or for an owner to consent to being operated on any highway of this state any motor vehicle, recreational vehicle, trailer or semitrailer or any other vehicle for which a registration fee is specifically prescribed unless at the time of operation the vehicle in question either is registered in this state, or, except for registration under s. 341.30 or 341.305, a complete application for registration, including evidence of any inspection under s. 110.20 when required, accompanied by the required fee has been delivered to the department, submitted to a dealer under s. 341.09 (2m) for transmittal to the department or deposited in the mail properly addressed with postage prepaid and, if the vehicle is an automobile or motor truck having a registered weight of 8,000 pounds or less, the vehicle displays a temporary operation plate issued for the vehicle unless the operator or owner of the vehicle produces proof that operation of the vehicle is within 2 business days of the vehicle's sale or transfer, or the vehicle in question is exempt from registration.

AB969, s. 116 Section 116. The treatment of 341.05 (26) (a) of the statutes by 1999 Wisconsin Act 53 is not repealed by 1999 Wisconsin Act 85. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 341.05 (26) (a) reads:

(a) The vehicle is a manufactured home, as defined in s. 101.91 (2).

AB969, s. 117 Section 117. The treatment of 341.14 (6m) (a) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 80. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 341.14 (6m) (a) reads:

(a) Upon application to register an automobile or motor truck which has a gross weight of not more than 8,000 pounds by any person who is a resident of this state and a member or retired member of the national guard, the department shall issue to the person special plates whose colors and design shall be determined by the department and which have the words "Wisconsin guard member" placed on the plates in the manner designated by the department. The department shall consult with or obtain the approval of the adjutant general with respect to any word or symbol used to identify the national guard. An additional fee of $10 shall be charged for the issuance of the plates. Registration plates issued under this subsection shall expire annually.

AB969, s. 118 Section 118. 341.47 (1) (intro.) of the statutes, as affected by 1999 Wisconsin Acts 9 and 91, is amended to read:

AB969,43,13 341.47 (1) (intro.) Except as provided in sub. (2), any motor vehicle, recreational vehicle, trailer or semitrailer that is owned or repossessed by, or consigned for sale to, a dealer, distributor or manufacturer may be operated on the highways of this state for either private or business purposes without being registered if such the vehicle has displayed upon it valid registration plates issued under s. 341.51 to the dealer, distributor or manufacturer who is the owner of the vehicle or holder of the repossessed or consigned for sale vehicle and such the vehicle:

Note: Inserts "that is" and replaces "such" for improved readability and conformity with current style. The last phrase is deleted as being redundant.

AB969, s. 119 Section 119. The treatment of 342.10 (1) (d) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 80. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 342.10 (1) (d) reads:

(d) A description of the vehicle, including make and identification number, except that if the vehicle was last registered in another jurisdiction the make and model contained in the certificate shall be the make and model contained in the last certificate of title issued by the other jurisdiction.

AB969, s. 120 Section 120. The treatment of 342.18 (4) (a) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 31. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 342.18 (4) (a) reads, effective 7-1-00:

(a) Whenever application therefor accompanied by the required fee is made by a finance company licensed under ss. 138.09 or 218.0101 to 218.0163, a bank organized under the laws of this state, or a national bank located in this state, and the vehicle in question is a used vehicle for which the department had issued a certificate of title to the previous owner or a vehicle previously registered in another jurisdiction or is a recreational vehicle.

AB969, s. 121 Section 121. 342.30 (2) of the statutes, as affected by 1999 Wisconsin Acts 9 and 80, is amended to read:

AB969,44,15 342.30 (2) Except as provided in this subsection, an identification number assigned by the department to a recreational vehicle vehicle shall be permanently affixed to a location on the vehicle that is readily visible when observed from outside the vehicle, as specified by the department by rule. Identification numbers assigned for cycles shall be stamped on the left side, near the top of the engine casting just below the cylinder barrel. Such stamping or affixing shall be done under the supervision of a dealer, distributor or manufacturer registered under s. 341.51 or under the supervision of a peace officer. The person supervising the stamping or affixing shall make a report thereof to the department.

Note: The stricken language was inserted by 1999 Wis. Act 9 but rendered surplusage by the treatment of this provision by 1999 Wis. Act 80.

AB969, s. 122 Section 122. The treatment of 343.50 (4) of the statutes by 1999 Wisconsin Acts 9 and 80 is not repealed by 1999 Wisconsin Act 88. All treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 343.50 (4) reads:

(4) Application. The application for an identification card shall include any information required under ss. 85.103 (2) and 343.14 (2) (a), (b), (bm) and (br), such further information as the department may reasonably require to enable it to determine whether the applicant is entitled by law to an identification card and, for applicants who are aged 65 years or older, material, as provided by the department, explaining the voluntary program that is specified in s. 71.55 (10) (b). The department shall, as part of the application process, take a photograph of the applicant to comply with sub. (3). No application may be processed without the photograph being taken. Misrepresentations in violation of s. 343.14 (5) are punishable as provided in s. 343.14 (9).

AB969, s. 123 Section 123. 344.26 (1) of the statutes, as affected by 1997 Wisconsin Act 84 and 1999 Wisconsin Act 80, is amended to read:

AB969,45,11 344.26 (1) Subject to the exceptions stated in ss. 344.25 (2) and 344.27 (2), any operating privilege or registration suspended or revoked under s. 344.25 shall remain suspended or revoked until every judgment mentioned in s. 344.25 is stayed, satisfied or discharged and, unless 3 years have elapsed since the date suspension or on which the judgment was stayed, satisfied or discharged, until the person whose operating privilege and registration was suspended or revoked furnishes and maintains in effect proof of financial responsibility for the future.

Note: The stricken language was inserted by 1997 Wis. Act 84 but rendered surplusage by the treatment by 1999 Wis. Act 80.

AB969, s. 124 Section 124. The treatment of 344.27 (2) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 80. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 5-1-01 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, s. 344.27 (2) reads:

(2) The secretary shall not suspend the operating privilege or registration and shall restore any operating privilege or registration suspended following nonpayment of a judgment when the judgment debtor obtains such order permitting the payment of the judgment in instalments and, unless 3 years have elapsed since the date on which the order permitting the payment of the judgment in instalments is filed with the secretary, furnishes and maintains proof of financial responsibility for the future.

AB969, s. 125 Section 125. The treatment of 344.46 (1) of the statutes by 1997 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 80. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 5-1-01 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, s. 344.27 (2) reads:

(1) No owner of a motor vehicle involved in an accident in this state which is reportable under s. 346.70 shall transfer the ownership or registration of any vehicle whose registration is subject to suspension or revocation under this chapter until all of the applicable provisions of this chapter has been complied with or until the secretary is satisfied that such transfer is proposed in good faith and not for the purpose or with the effect of defeating the purposes of this chapter.

AB969, s. 126 Section 126. 348.07 (2) (c) of the statutes, as affected by 1999 Wisconsin Act 85, is amended to read:

AB969,46,5 348.07 (2) (c) 45 Forty five feet for mobile homes and motor buses.

Note: 1999 Wis. Act 85 deleted the stricken text without showing it as stricken and added the underscored text without showing it as underscored. The change was intended.

AB969, s. 127 Section 127. The treatment of 409.302 (3) (b) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act .... (Assembly Bill 137). Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 409.302 (3) (b) reads:

(b) The following vehicle title statutes: ss. 342.19 and 342.20; but during any period in which collateral is inventory held for sale by a person who is in the business of selling goods of that kind, the filing provisions of ss. 409.401 to 409.408 apply to a security interest in that collateral created by that person as debtor.

AB969, s. 128 Section 128. The treatment of 440.982 (1) (b) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 98. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 440.982 (1) (b) reads:

(b) Promulgate rules establishing the education, training or competency requirements that an applicant for a license must satisfy in order to be issued a license of registration under this subchapter. The rules shall require an applicant to complete at least 500 classroom hours of study in a course of instruction in massage therapy or bodywork approved by the department or at a school approved by the educational approval board under s. 45.54. The rules shall also require an applicant whose application is received after March 1, 2000, to successfully complete the national certification examination for therapeutic massage and bodywork that is offered by the National Certification Board for Therapeutic Massage and Bodywork or a substantially equivalent examination relating to the practice of massage therapy or bodywork that is approved by the National Commission of Certifying Agencies of the National Organization for Competency Assurance or that is developed, administered or approved by the department. The rules may also require an applicant to pass an examination on state laws and administrative rules governing massage therapy or bodywork.

AB969, s. 129 Section 129. 443.11 (6) of the statutes, as affected by 1999 Wisconsin Act 32, is amended to read:

AB969,47,11 443.11 (6) The examining board, for reasons the appropriate section of the examining board considers sufficient, may reissue a certificate of registration or a certificate of record to any person, or a certificate of authorization to any firm, partnership or corporation, whose certificate has been revoked, except for a certificate revoked under s. 440.12, if 3 members of the section vote in favor of such reissuance. Subject to the rules of the examining board, the examining board, the examining board may, upon payment of the required fee, issue a new certificate of registration, certificate of record or certificate of authorization, to replace any certificate that is revoked, lost, destroyed or mutilated.

Note: The stricken text was inserted by 1999 Wis. Act 32 without being shown as underscored. No change was intended.

AB969, s. 130 Section 130. 560.033 of the statutes is repealed.

Note: By its terms, this provision has no application after June 30, 1999.

AB969, s. 131 Section 131. 753.40 of the statutes, as affected by 1999 Wisconsin Acts 58 and 69, is renumbered 753.40 (1) and amended to read:

AB969,48,2 753.40 (1) If a circuit court finds in a forfeiture action that a person violated an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment, the circuit court may require the person to make a contribution not to exceed the maximum amount of the forfeiture that may be levied to an organization or agency specified in s. 973.06 (1) (f) 1. if the court determines that the violator has the financial ability to make the contribution.

AB969,48,11 (2) If the court does require a person to make a contribution to a crime prevention organization an organization or agency specified in s. 973.06 (1) (f) 1. but does not require the person to pay a forfeiture or court costs, the court shall state on the record the reasons why it is not requiring the person to pay the forfeiture or court costs. All contributions made under this section shall be made to the clerk of circuit court for distribution to the crime prevention organization or agency specified in s. 973.06 (1) (f) 1. The circuit court may not require a person to make a contribution under this section to a crime prevention organization an organization or agency specified in s. 973.06 (1) (f) 1. that has not complied with the provisions of s. 757.17.

Note: Renumbers provision to break up long paragraph and to conform with the treatment of s. 973.06 (1) (f) by this bill. Conforms the language added by Act 58 with the terminology added to the statutes by Act 69. Section 973.06 (1) (f) is renumbered s. 973.06 (1) (f) 1. by this bill.

AB969, s. 132 Section 132. 755.20 of the statutes, as affected by 1999 Wisconsin Acts 58 and 69, is renumbered 755.20 (1) and amended to read:

AB969,48,20 755.20 (1) If a municipal court finds in a forfeiture action that a person violated an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment, the municipal court may require the person to make a contribution not to exceed the maximum amount of the forfeiture that may be levied to an organization or agency specified in s. 973.06 (1) (f) 1. if the court determines that the violator has the financial ability to make the contribution.

AB969,49,6 (2) If the court does require a person to make a contribution to a crime prevention organization an organization or agency specified in s. 973.06 (1) (f) 1. but does not require the person to pay a forfeiture or court costs, the court shall state on the record the reasons why it is not requiring the person to pay the forfeiture or court costs. All contributions made under this section shall be made to the municipal court for distribution to the crime prevention organization or agency specified in s. 973.06 (1) (f) 1. The municipal court may not require a person to make a contribution under this section to a crime prevention organization an organization or agency specified in s. 973.06 (1) (f) 1. that has not complied with the provisions of s. 757.17.

Note: Renumbers provision to break up long section and to conform with the treatment of s. 973.06 (1) (f) by this bill. Conforms the language added by Act 58 with the terminology added to the statutes by Act 69. Section 973.06 (1) (f) is renumbered s. 973.06 (1) (f) 1. by this bill.

AB969, s. 133 Section 133. 757.17 (intro.) of the statutes, as created by 1999 Wisconsin Act 58, is amended to read:

AB969,49,15 757.17 Crime prevention organization reporting Reporting by certain organizations and agencies. (intro.) Every organization or agency specified in s. 973.06 (1) (f) 1. that receives contributions under s. 753.40, 755.20, 973.06 (1) (f) or 973.09 (1x) shall submit a report annually by February 1 to the clerk of the court that ordered the contribution. The report shall be on a form designed and provided by the director of state courts and shall include all of the following information for the calendar year preceding the submittal of the report:

Note: Conforms the language created by Act 58 with the terminology added to the statutes by Act 69.

AB969, s. 134 Section 134. 757.17 (5) of the statutes, as created by 1999 Wisconsin Act 58, is amended to read:

AB969,49,19 757.17 (5) The name of the organization or agency that received the contribution and the names of the officers of the organization or agency.

Note: Conforms the language created by Act 58 with the terminology added to the statutes by Act 69.

AB969, s. 135 Section 135. 778.027 of the statutes, as created by 1999 Wisconsin Act 58, is amended to read:

AB969,50,8 778.027 Dismissals for contributions to crime prevention certain organizations or agencies. A prosecutor or an attorney representing the state or a political subdivision of the state may not, in exchange for a person's payment of a contribution to a crime prevention organization an organization or agency specified in s. 973.06 (1) (f) 1., dismiss or amend a citation or complaint alleging a violation that provides for a forfeiture.

Note: Conforms the language created by Act 58 with the terminology added to the statutes by Act 69.

AB969, s. 136 Section 136. 801.095 (3) of the statutes, as affected by 1999 Wisconsin Act 32, is amended to read:

AB969,50,11 801.095 (3) No personal service; complaint served at the same time.

AB969,50,12 STATE OF WISCONSIN CIRCUIT COURT: .... COUNTY

AB969,50,14 A. B.

AB969,50,15 Address

AB969,50,17 City, State Zip Code File No. ....

AB969,50,18 , Plaintiff

AB969,50,19 vs. S U M M O N S

AB969,50,20 C. D.

AB969,50,21 Address .... (Case Classification Type): .... (Code No.)

AB969,50,22 City, State Zip Code

AB969,51,1 , Defendant

AB969,51,3 THE STATE OF WISCONSIN, To each person named above as a Defendant:

AB969,51,6 You are hereby notified that the Plaintiff named above has filed a lawsuit or other legal action against you. The complaint, which is also served upon you, states the nature and basis of the legal action.

AB969,51,12 Within 45 days after ...., .... (year), you must respond with a written answer, as that term is used in chapter 802 of the Wisconsin Statutes, to the complaint. The court may reject or disregard an answer that does not follow the requirements of the statutes. The answer must be sent or delivered to the court, whose address is ...., and to ...., Plaintiff's attorney, whose address is ..... You may have an attorney help or represent you.