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.
327,21 Section 21. 82.16 (title) of the statutes, as affected by 2003 Wisconsin Act 214, is amended to read:
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.
327,22 Section 22. 83.08 (4) of the statutes, as affected by 2003 Wisconsin Act 212, is amended to read:
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.
327,23 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 The treatment of 84.09 (5) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 211.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.
327,24 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.
327,25 Section 25. 84.1026 (1) of the statutes, as created by 2003 Wisconsin Act 218, is amended to read:
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.
327,26 Section 26. 85.21 (3m) (bm) of the statutes, as created by 2003 Wisconsin Act 297, is amended to read:
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.
327,27 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).
327,28 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.
327,29 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).
327,30 Section 30. 196.204 (5) (ar) 2. of the statutes, as created by 2003 Wisconsin Act 278, is amended to read:
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.
327,31 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.
327,32 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.
327,33 Section 33. 299.83 (6) (a) 1. of the statutes, as created by 2003 Wisconsin Act 276, is amended to read:
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.
327,34 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.
327,35 Section 35. 341.05 (27) of the statutes, as created by 2003 Wisconsin Act 237, is renumbered 341.05 (28).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2003 Wis. Act 192 also created a provision numbered s. 341.05 (27).
327,36 Section 36. The treatment of 343.12 (2) (intro.) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 280. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, effective 9-30-05, s. 343.12 (2) (intro.), reads:
(2) (intro.) Except as provided in sub. (2m), the department shall issue or, except as provided in par. (h), renew a school bus endorsement to a person only if such person meets all of the following requirements:
327,37 Section 37. The treatment of 343.12 (4) (b) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 280. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, effective 9-30-05, s. 343.12 (4) (b) reads:
(b) The department shall, by rule, establish standards for the employment by an employer of a person under par. (a) as an operator of a school bus in this state. The rules may require the person to meet the qualifications contained in sub. (2), (2m), or (3) and any rules of the department applicable to residents, except that the rules shall require the person to meet the qualifications contained in sub. (2) (dm) and (em). The rules shall also require the employer to perform the actions specified in s. 121.555 (3) (a) 1. and 3.
327,38 Section 38. 346.495 (1) (b) of the statutes, as created by 2003 Wisconsin Act 209, is amended to read:
346.495 (1) (b) If a court imposes a forfeiture under s. 346.49 (2r) with respect to a violation of s. 346.44 or 346.45, the court shall also impose a railroad crossing improvement assessment surcharge equal to 50% of the amount of the forfeiture.
Note: Inserts the correct term consistent with 2003 Wis. Act 139.
327,39 Section 39. 346.923 (1) (intro.), (a), (f) and (h) of the statutes, as created by 2003 Wisconsin Act 297, are renumbered 346.923 (intro.), (1), (6) and (8).
Note: Section 346.923 was created with only one subsection.
327,40 Section 40. 346.95 (4) of the statutes, as affected by 2003 Wisconsin Act 297, is amended to read:
346.95 (4) Any person violating s. 346.923 (1) or (2), 346.925, or 346.94 (8) or (8m) may be required to forfeit not more than $20 for the first offense and not more than $50 for each subsequent offense.
Note: 2003 Wis. Act 297 created s. 346.923 with only one subsection, sub. (1), which is renumbered to s. 346.923 by the previous section of this bill.
327,41 Section 41. The treatment of 440.05 (intro.) of the statutes, as affected by 2003 Wisconsin Acts 270 and 285, is amended to read:
440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 444.03, 444.11, 447.04 (2) (c) 2., 449.17, and 449.18,:
Note: Deletes comma inserted by 2003 Wis. Act 285 but rendered unnecessary by 2003 Wis. Act 270.
327,42 Section 42. The treatment of 440.05 (intro.) of the statutes by 2003 Wisconsin Act 150 is not repealed by 2003 Wisconsin Act .... (this act). Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, effective 10-1-04, s. 440.05 (intro.) reads:
440.05 Standard fees. (intro.) The following standard fees apply to all initial credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 440.9935, 444.03, 444.11, 447.04 (2) (c) 2., 449.17, and 449.18:
327,43 Section 43. The treatment of 440.08 (2) (a) (intro.) of the statutes, as affected by 2003 Wisconsin Acts 270 and 285, is amended to read:
440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.11, 448.065, 447.04 (2) (c) 2., 449.17, and 449.18,, the renewal dates and renewal fees for credentials are as follows:
Note: Deletes comma inserted by 2003 Wis. Act 285 but rendered unnecessary by 2003 Wis. Act 270.
327,44 Section 44. 440.23 (1) of the statutes, as affected by 2003 Wisconsin Acts 270 and 285, is amended to read:
440.23 (1) If the holder of a credential pays a fee required under s. 440.05 (1) or (6), 440.08, 444.03, or 444.11, by check or debit or credit card and the check is not paid by the financial institution upon which the check is drawn or if the demand for payment under the debit or credit card transaction is not paid by the financial institution upon which demand is made, the department may cancel the credential on or after the 60th day after the department receives the notice from the financial institution, subject to sub. (2).
Note: Deletes comma inserted by 2003 Wis. Act 285 but rendered unnecessary by 2003 Wis. Act 270.
327,45 Section 45. The treatments of 757.05 (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. 757.05 (1) (a) reads:
(a) Whenever 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), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 24% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.
327,46 Section 46. The treatment of 814.61 (7) (b) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 165. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 814.61 (7) (b) reads:
(b) Upon the filing of any petition, motion, or order to show cause by either party under s. 767.325 or 767.327, $50. No fee may be collected under this paragraph for filing a petition, motion, or order to show cause for the revision of a judgment or order for legal custody or physical placement if both parties have stipulated to the revision of the judgment or order. Of the fees received by the clerk under this paragraph, the county treasurer shall pay 25% to the secretary of administration for deposit in the general fund, retain 25% for the use of the county, and deposit 50% in a separate account to be used by the county exclusively for the purposes specified in s. 767.11.
327,47 Section 47. The treatment of 814.63 (1) (c) of the statutes by 2003 Wisconsin Act 30 is not repealed by 2003 Wisconsin Act 268. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, s. 814.63 (1) (c) reads:
(c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), 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 safety belt use violation under s. 347.48 (2m).
327,48 Section 48. 940.32 (3m) of the statutes, as created by 2003 Wisconsin Act 222, is amended to read:
940.32 (3m) A prosecutor need not need show that a victim received or will receive treatment from a mental health professional in order to prove that the victim suffered serious emotional distress under sub. (2) (c) or (2e) (c).
Note: Deletes unnecessary word.
327,49 Section 49. 943.21 (3) (am) (intro.) of the statutes, as affected by 2003 Wisconsin Act 80, is amended to read:
943.21 (3) (am) (intro.) Whoever violates sub. (1) (1m) (a), (b), or (c):
Note: Inserts correct cross-reference. 2003 Wis. Act 252 renumbered s. 943.21 (1) to s. 943.21 (1m).
327,50 Section 50. 943.21 (3) (bm) of the statutes, as created by 2003 Wisconsin Act 80, is amended to read:
943.21 (3) (bm) Whoever violates sub. (1) (1m) (d) is subject to a Class D forfeiture.
Note: Inserts correct cross-reference. 2003 Wis. Act 252 renumbered s. 943.21 (1) to s. 943.21 (1m).
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