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.
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.
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: 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.
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.
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).
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.
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).
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.
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).
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.
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.
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).
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.
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.
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.
SB564,35,77
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.
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.
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.
Note: There is no conflict of substance. As merged by the revisor s. 757.05 (2) (a)
reads:
(a) Law enforcement training fund. Forty-eight percent of all moneys collected
from penalty surcharges under sub. (1) shall be credited to the appropriation account
under s. 20.455 (2) (i) and utilized in accordance with ss. 20.455 (2) and 165.85 (5). The
moneys credited to the appropriation account under s. 20.455 (2) (i), except for the moneys
transferred to s. 20.455 (2) (jb), constitute the law enforcement training fund.
SB564,38,7
1767.23
(1n) (b) 2. If the court or circuit court commissioner finds by a
2preponderance of the evidence that a party has engaged in a pattern or serious
3incident of interspousal battery, as described under s. 940.19 or 940.20 (1m), or
4domestic abuse, as defined in s. 813.12 (1) (am), and makes a temporary order
5awarding joint or sole legal custody or periods of physical placement to the party, the
6court or circuit court commissioner shall comply with the requirements of s. 767.24
7(6) (f) and, if appropriate,
s. 767.24 (6) (g).
Note: Corrects citation form.
Note: There is no conflict of substance. As merged by the revisor, s. 786.36 (1)
(intro.) reads:
(1) (intro.) Except as provided in sub. (3) or s. 301.47, any resident of this state, whether
a minor or adult, upon petition to the circuit court of the county where he or she resides
and upon filing a copy of the notice required under s. 786.37 (1), with proof of publication,
may, if no sufficient cause is shown to the contrary, have his or her name changed or
established by order of the court. Subject to sub. (1m), if the person whose name is to be
changed is a minor under the age of 14 years, the petition may be made by whichever of
the following is applicable:
SB564,38,1912
786.36
(1m) (a) 2. If the nonpetitioning parent cannot be found or provided with
13notice, the name of a minor under 14 years
or of age who has 2 living parents may
14be changed on the petition of one parent if, in addition to meeting the filing
15requirements under subd. 1., the petitioning parent has made a reasonable attempt
16to find and provide notice to the nonpetitioning parent, but with reasonable diligence
17the nonpetitioning parent cannot be found or provided with notice, and the
18nonpetitioning parent does not appear at the hearing or otherwise answer the
19petition.