SB564,29,1310 299.83 (1) (c) "Environmental performance," unless otherwise qualified, means
11the effects, whether regulated under chs. 29 to 31, 160, and or 280 to 299 or
12unregulated, of a facility or activity on air, water, land, natural resources, and human
13health.
Note: Inserts correct word.
SB564, s. 92 14Section 92. 299.83 (3) (d) 2. a. of the statutes, as created by 2003 Wisconsin Act
15.... (Senate Bill 61), is amended to read:
SB564,29,1816 299.83 (3) (d) 2. a. Improving the environmental performance of the applicant,
17with respect to each covered facility or activity, in aspects of environmental
18performance that are regulated under chs. 29 to 31, 160, and or 280 to 299.
Note: Inserts correct word.
SB564, s. 93 19Section 93. 299.83 (3) (d) 2. b. of the statutes, as created by 2003 Wisconsin Act
20.... (Senate Bill 61), is amended to read:
SB564,30,3
1299.83 (3) (d) 2. b. Improving the environmental performance of the applicant,
2with respect to each covered facility or activity, in aspects of environmental
3performance that are not regulated under chs. 29 to 31, 160, and or 280 to 299.
Note: Inserts correct word.
SB564, s. 94 4Section 94. 299.83 (4m) (f) of the statutes, as created by 2003 Wisconsin Act
5.... (Senate Bill 61), is amended to read:
SB564,30,126 299.83 (4m) (f) After a participant in tier I of the program implements an
7environmental management system that complies with sub. (3) (d) 1., the
8department shall conduct any inspections of the participant's covered facilities or
9activities that are required under chs. 29 to 31, 160, and or 280 to 299 at the lowest
10frequency permitted under those chapters, except that the department may conduct
11an inspection whenever it has reason to believe that a participant is out of compliance
12with a requirement in an approval or with an environmental requirement.
Note: Inserts correct word.
SB564, s. 95 13Section 95. 299.85 (1) (c) 1. of the statutes, as created by 2003 Wisconsin Act
14.... (Senate Bill 61), is amended to read:
SB564,30,1715 299.85 (1) (c) 1. Chapters 29 to 31, 160, or 280 to 299, a rule promulgated under
16one of those chapters, or a permit, license, other approval, or order issued by the
17department under one of those chapters.
Note: Inserts missing comma.
SB564, s. 96 18Section 96. The treatment of 299.93 (3) of the statutes by 2003 Wisconsin Act
1933
is not repealed by 2003 Wisconsin Act 139.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. 299.93 (3) reads:
(3) 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 environmental
surcharge under this section. If the deposit is forfeited, the amount of the environmental
surcharge shall be transmitted to the secretary of administration under sub. (4). If the
deposit is returned, the environmental surcharge shall also be returned.
SB564, s. 97
1Section 97. The treatment of 299.93 (4) of the statutes by 2003 Wisconsin Act
233
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. 299.93 (4) reads:
(4) The clerk of the court shall collect and transmit to the county treasurer the
environmental 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. The secretary of administration shall deposit the amount of the surcharge
in the environmental fund.
SB564, s. 98 3Section 98. 302.31 (8) of the statutes, as created by 2003 Wisconsin Act ....
4(Assembly Bill 390), is renumbered 302.31 (8m).
Note: 2003 Wis. Act 81 also created a provision numbered s. 302.31 (8).
SB564, s. 99 5Section 99. The treatment of 302.46 (1) (a) of the statutes by 2003 Wisconsin
6Act 30
is not repealed by 2003 Wisconsin Act 139. Both 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), or (br) 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.
SB564, s. 100 7Section 100. The treatment of 343.10 (1) (a) of the statutes by 2003 Wisconsin
8Act 80
is not repealed by 2003 Wisconsin Act .... (Senate Bill 105). Both treatments
9stand.
Note: There is no conflict of substance. As merged by the revisor s. 343.10 (1) (a)
reads:
(a) If a person's license or operating privilege is revoked or suspended under this
chapter or s. 767.303, 943.21 (3m), 943.34 (14q), or 961.50 and if the person is engaged
in an occupation, including homemaking or full-time or part-time study, or a trade
making it essential that he or she operate a motor vehicle, the person, after payment of
the fee provided in sub. (6), may file an application with the department setting forth in
detail the need for operating a motor vehicle. No person may file more than one
application with respect to each revocation or suspension of the person's license or

operating privilege under this chapter or s. 767.303, 943.21 (3m), 943.34 (14q), or 961.50,
except that this limitation does not apply to an application to amend an occupational
license restriction.
SB564, s. 101 1Section 101. 343.12 (6) (a) of the statutes, as created by 2003 Wisconsin Act
2.... (Senate Bill 350), is amended to read:
SB564,32,133 343.12 (6) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, prior to the
4initial issuance or renewal of a school bus endorsement, the department shall
5conduct a background investigation of the applicant. In conducting the background
6investigation, the department shall obtain from the records maintained by the
7department of justice a criminal history search of the applicant. If the applicant has
8not resided in this state at anytime any time within the 2 years preceding the date
9of the search, the department shall make a good faith effort to obtain additional
10criminal history information from any state in which the applicant has resided
11during this time period of or from any other applicable federal or state agency. The
12department shall record in the applicant's file specified in s. 343.23 (2) (a) the date
13on which the background investigation was completed.
Note: Inserts correct words.
SB564, s. 102 14Section 102. The treatment of 346.177 (3) of the statutes by 2003 Wisconsin
15Act 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. 346.717 reads:
(3) 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 railroad crossing
improvement surcharge under this section. If the deposit is forfeited, the amount of the
railroad crossing improvement surcharge shall be transmitted to the secretary of
administration under sub. (4). If the deposit is returned, the amount of the railroad
crossing improvement surcharge shall also be returned.
SB564, s. 103 16Section 103. The treatment of 346.177 (4) of the statutes by 2003 Wisconsin
17Act 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. 346.177 (4), reads:

(4) The clerk of the circuit court shall collect and transmit to the county treasurer
the railroad crossing improvement surcharge as required under s. 59.40 (2) (m). The
county treasurer shall then pay the secretary of administration as provided in s. 59.25
(3) (f) 2. The secretary of administration shall deposit all amounts received under this
subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).
SB564, s. 104 1Section 104. The treatment of 346.495 (3) of the statutes by 2003 Wisconsin
2Act 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. 346.65 (3) reads:
(3) 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 railroad crossing
improvement surcharge under this section. If the deposit is forfeited, the amount of the
railroad crossing improvement surcharge shall be transmitted to the secretary of
administration under sub. (4). If the deposit is returned, the amount of the railroad
crossing improvement surcharge shall also be returned.
SB564, s. 105 3Section 105. The treatment of 346.495 (4) of the statutes by 2003 Wisconsin
4Act 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. 346.495 (4) reads:
(4) The clerk of the circuit court shall collect and transmit to the county treasurer
the railroad crossing improvement surcharge as required under s. 59.40 (2) (m). The
county treasurer shall then pay the secretary of administration as provided in s. 59.25
(3) (f) 2. The secretary of administration shall deposit all amounts received under this
subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).
SB564, s. 106 5Section 106. The treatment of 346.65 (4r) (c) of the statutes by 2003 Wisconsin
6Act 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. 346.65 (4r) (c) reads:
(c) If any deposit is made for an offense to which this subsection applies, the person
making the deposit shall also deposit a sufficient amount to include the railroad crossing
improvement surcharge under this subsection. If the deposit is forfeited, the amount of
the railroad crossing improvement surcharge shall be transmitted to the secretary of
administration under par. (d). If the deposit is returned, the amount of the railroad
crossing improvement surcharge shall also be returned.
SB564, s. 107 7Section 107. The treatment of 346.65 (4r) (d) of the statutes by 2003 Wisconsin
8Act 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. 346.65 (4r) (d) reads:
(d) The clerk of the circuit court shall collect and transmit to the county treasurer
the railroad crossing improvement surcharge as required under s. 59.40 (2) (m). The

county treasurer shall then pay the secretary of administration as provided in s. 59.25
(3) (f) 2. The secretary of administration shall deposit all amounts received under this
paragraph in the transportation fund to be appropriated under s. 20.395 (2) (gj).
SB564, s. 108 1Section 108. The treatment of 346.655 (1) of the statutes by 2003 Wisconsin
2Act 30
is not repealed by 2003 Wisconsin Act 139. Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor s. 346.655 (1),
reads:
(1) If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5),
except for a first violation of s. 346.63 (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 a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25,
or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver
improvement surcharge under ch. 814 in an amount of $355 in addition to the fine or
forfeiture, plus costs, fees, and other surcharges imposed under ch. 814.
SB564, s. 109 3Section 109. The treatment of 349.04 (3) of the statutes by 2003 Wisconsin Act
433
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. 349.04 (3) (d) reads:
(3) 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 truck driver
education surcharge under this section. If the deposit is forfeited, the amount of the truck
driver education surcharge shall be transmitted to the secretary of administration under
sub. (4). If the deposit is returned, the amount of the truck driver education surcharge
shall also be returned.
SB564, s. 110 5Section 110. The treatment of 349.04 (4) of the statutes by 2003 Wisconsin Act
633
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. 349.04 (4) (d) reads:
(4) The clerk of the circuit court shall collect and transmit to the county treasurer
the truck driver education surcharge as required under s. 59.40 (2) (m). The county
treasurer shall then pay the secretary of administration as provided in s. 59.25 (3) (f) 2.
The secretary of administration shall deposit all amounts received under this subsection
in the general fund to be credited to the appropriation account under s. 20.292 (1) (hm).
SB564, s. 111 7Section 111. The treatment of 350.101 (2) (d) of the statutes by 2003 Wisconsin
8Act 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. 350.101 (2) (d)
1., as renumbered from s. 350.101 (2) (d) by 2003 Wis. Act 97, reads:
1. In an action under this subsection, 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 or did not have an alcohol concentration of 0.08 or more or a detectable amount
of a restricted controlled substance in his or her blood.
SB564, s. 112 1Section 112. The treatment of 350.115 (1) (c) of the statutes by 2003 Wisconsin
2Act 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. 350.115 (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 snowmobile
registration restitution surcharge under this section. If the deposit is forfeited, the
amount of the snowmobile registration restitution surcharge shall be transmitted to the
secretary of administration under par. (d). If the deposit is returned, the snowmobile
registration restitution surcharge shall also be returned.
SB564, s. 113 3Section 113. The treatment of 350.115 (1) (d) of the statutes by 2003 Wisconsin
4Act 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. 350.115 (1) (d) reads:
(d) The clerk of the court shall collect and transmit to the county treasurer the
snowmobile registration restitution 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.
SB564, s. 114 5Section 114. 440.994 (3) (form) of the statutes, as created by 2003 Wisconsin
6Act 150
, is amended to read:
SB564,35,77 440.994 (3) (form)
SB564,35,88 WARNING TO STUDENT ATHLETE
SB564,35,99 IF YOU SIGN THIS CONTRACT:
SB564,35,1110 1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT
11ATHLETE IN YOUR SPORT;
SB564,35,1612 2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER
13ENTERING INTO THIS CONTRACTOR CONTRACT OR BEFORE THE NEXT
14SCHEDULED ATHLETIC EVENT IN WHICH YOU MAY PARTICIPATE,
15WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT
16MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
SB564,36,3
13) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER
2SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE
3YOUR ELIGIBILITY.
Note: Inserts correct term.
SB564, s. 115 4Section 115. 703.165 (2) of the statutes, as affected by 2003 Wisconsin Act ....
5(Assembly Bill 254), is amended to read:
SB564,36,176 703.165 (2) Liability for assessments. A unit owner shall be liable for all
7assessments, or instalments installments thereof, coming due while owning a unit,
8including any assessments coming due during the pendency of any claim by the unit
9owner against the association or during any period in which the unit is not occupied
10by the unit owner or is leased or rented to any other person. In a voluntary grant,
11the grantee shall be jointly and severally liable with the grantor for all unpaid
12assessments against the grantor for his or her share of the common expenses up to
13the time of the voluntary grant for which a statement of condominium lien is
14recorded, without prejudice to the rights of the grantee to recover from the grantor
15the amounts paid by the grantee for such assessments. Liability for assessments may
16not be avoided by waiver of the use or enjoyment of any common element or by
17abandonment of the unit for which the assessments are made.
Note: 2003 Wis. Act (AB 254) changed the spelling of word without strikes and
underscores. No change was intended.
SB564, s. 116 18Section 116. 703.19 (8) of the statutes, as affected by 2003 Wisconsin Act ....
19(Assembly Bill 254), is amended to read:
SB564,37,320 703.19 (8) Preservation of the right of appeal. The owner of each unit taken
21may appeal the necessity of the taking and the condemnation award made for the
22taking. A unit owner may appeal the necessity of the taking, and the condemnation
23award made for the taking, of the owner's interest in the common elements. The unit

1owners having an interest in the ownership of limited common elements may
2individually or as a group appeal the necessity of the taking or the condemnation
3award made for the taking of the limited common elements.
Note: Inserts missing articles.
SB564, s. 117 4Section 117. The treatment of 757.05 (1) (a) of the statutes by 2003 Wisconsin
5Act 30
is not repealed by 2003 Wisconsin Act 139. Both 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), or (br) 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.
SB564, s. 118 6Section 118. The treatment of 757.05 (1) (d) of the statutes by 2003 Wisconsin
7Act 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. 757.05 (1) (d) reads:
(d) If any deposit of bail is made for a noncriminal offense to which this subsection
applies, the person making the deposit shall also deposit a sufficient amount to include
the surcharge under this subsection for forfeited bail. If bail is forfeited, the amount of
the surcharge shall be transmitted monthly to the secretary of administration under this
subsection. If bail is returned, the surcharge shall also be returned.
SB564, s. 119 8Section 119. The treatment of 757.05 (2) (a) of the statutes by 2003 Wisconsin
9Act 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. 757.05 (2) (a)
reads:
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