SB564: Bill Text

SB564,32,13 343.12 (6) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, prior to the initial issuance or renewal of a school bus endorsement, the department shall conduct a background investigation of the applicant. In conducting the background investigation, the department shall obtain from the records maintained by the department of justice a criminal history search of the applicant. If the applicant has not resided in this state at anytime any time within the 2 years preceding the date of the search, the department shall make a good faith effort to obtain additional criminal history information from any state in which the applicant has resided during this time period of or from any other applicable federal or state agency. The department shall record in the applicant's file specified in s. 343.23 (2) (a) the date on which the background investigation was completed.

Note: Inserts correct words.

SB564, s. 102 Section 102. The treatment of 346.177 (3) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139.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 Section 103. The treatment of 346.177 (4) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139.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 Section 104. The treatment of 346.495 (3) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139.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 Section 105. The treatment of 346.495 (4) of the statutes by 2003 Wisconsin Act 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 Section 106. The treatment of 346.65 (4r) (c) of the statutes by 2003 Wisconsin Act 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 Section 107. The treatment of 346.65 (4r) (d) of the statutes by 2003 Wisconsin Act 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 Section 108. The treatment of 346.655 (1) of the statutes by 2003 Wisconsin Act 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 Section 109. The treatment of 349.04 (3) of the statutes by 2003 Wisconsin Act 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. 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 Section 110. The treatment of 349.04 (4) of the statutes by 2003 Wisconsin Act 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. 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 Section 111. The treatment of 350.101 (2) (d) of the statutes by 2003 Wisconsin Act 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 Section 112. The treatment of 350.115 (1) (c) of the statutes by 2003 Wisconsin Act 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 Section 113. The treatment of 350.115 (1) (d) of the statutes by 2003 Wisconsin Act 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 Section 114. 440.994 (3) (form) of the statutes, as created by 2003 Wisconsin Act 150, is amended to read:

SB564,35,7 440.994 (3) (form)

SB564,35,8 WARNING TO STUDENT ATHLETE

SB564,35,9 IF YOU SIGN THIS CONTRACT:

SB564,35,11 1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;

SB564,35,16 2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACTOR CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU MAY PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND

SB564,36,3 3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.

Note: Inserts correct term.

SB564, s. 115 Section 115. 703.165 (2) of the statutes, as affected by 2003 Wisconsin Act .... (Assembly Bill 254), is amended to read:

SB564,36,17 703.165 (2) Liability for assessments. A unit owner shall be liable for all assessments, or instalments installments thereof, coming due while owning a unit, including any assessments coming due during the pendency of any claim by the unit owner against the association or during any period in which the unit is not occupied by the unit owner or is leased or rented to any other person. In a voluntary grant, the grantee shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor for his or her share of the common expenses up to the time of the voluntary grant for which a statement of condominium lien is recorded, without prejudice to the rights of the grantee to recover from the grantor the amounts paid by the grantee for such assessments. Liability for assessments may not be avoided by waiver of the use or enjoyment of any common element or by abandonment 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 Section 116. 703.19 (8) of the statutes, as affected by 2003 Wisconsin Act .... (Assembly Bill 254), is amended to read:

SB564,37,3 703.19 (8) Preservation of the right of appeal. The owner of each unit taken may appeal the necessity of the taking and the condemnation award made for the taking. A unit owner may appeal the necessity of the taking, and the condemnation award made for the taking, of the owner's interest in the common elements. The unit owners having an interest in the ownership of limited common elements may individually or as a group appeal the necessity of the taking or the condemnation award made for the taking of the limited common elements.

Note: Inserts missing articles.

SB564, s. 117 Section 117. The treatment of 757.05 (1) (a) of the statutes by 2003 Wisconsin Act 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 Section 118. The treatment of 757.05 (1) (d) of the statutes by 2003 Wisconsin Act 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 Section 119. The treatment of 757.05 (2) (a) of the statutes by 2003 Wisconsin Act 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:

(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, s. 120 Section 120. 767.23 (1n) (b) 2. of the statutes, as created by 2003 Wisconsin Act 130, is amended to read:

SB564,38,7 767.23 (1n) (b) 2. If the court or circuit court commissioner finds by a preponderance of the evidence that a party has engaged in a pattern or serious incident of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), and makes a temporary order awarding joint or sole legal custody or periods of physical placement to the party, the court or circuit court commissioner shall comply with the requirements of s. 767.24 (6) (f) and, if appropriate, s. 767.24 (6) (g).

Note: Corrects citation form.

SB564, s. 121 Section 121. The treatment of 786.36 (1) (intro.) of the statutes by 2003 Wisconsin Act 52 is not repealed by 2003 Wisconsin Act 65. Both treatments stand.

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, s. 122 Section 122. 786.36 (1m) (a) 2. of the statutes, as created by 2003 Wisconsin Act 65, is amended to read:

SB564,38,19 786.36 (1m) (a) 2. If the nonpetitioning parent cannot be found or provided with notice, the name of a minor under 14 years or of age who has 2 living parents may be changed on the petition of one parent if, in addition to meeting the filing requirements under subd. 1., the petitioning parent has made a reasonable attempt to find and provide notice to the nonpetitioning parent, but with reasonable diligence the nonpetitioning parent cannot be found or provided with notice, and the nonpetitioning parent does not appear at the hearing or otherwise answer the petition.

Note: Inserts correct word.

SB564, s. 123 Section 123. The treatment of 814.634 (1) (a) of the statutes by 2003 Wisconsin Acts 30 and 33 is not repealed by 2003 Wisconsin Act 139. All treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 814.85 (1) (a), as renumbered from s. 814.634 (1) (a) by 2003 Wis. Act 1239, reads:

(a) Except for an action 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 safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court support services surcharge from any person, including any governmental, unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).

SB564, s. 124 Section 124. The treatment of 814.634 (1) (b) of the statutes by 2003 Wisconsin Act 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. 814.85 (1) (b), as renumbered from s. 814.634 (1) (b) by 2003 Wis. Act 139, reads:

(b) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $169 court support services surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2), if the party paying the fee seeks the recovery of money and the amount claimed exceeds the amount under s. 799.01 (1) (d).

SB564, s. 125 Section 125. The treatment of 814.634 (1) (c) of the statutes by 2003 Wisconsin Act 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. 814.85 (1) (c), as renumbered from s. 814.634 (1) (c) by 2003 Wis. Act 139, reads:

(c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $51 court support services surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or (b), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying the fee seeks the recovery of money and the amount claimed is equal to or less than the amount under s. 799.01 (1) (d).

SB564, s. 126 Section 126. The treatment of 814.86 (1) of the statutes, as affected by 2003 Wisconsin Acts 30 and 139, is amended to read:

SB564,40,5 814.86 (1) Except for an action 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 safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $9 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in this section sub. (1m).

Note: Makes reference more specific and provides consistency between s. 814.86 (1) and (1m).

SB564, s. 127 Section 127. The treatment of 814.635 (1m) of the statutes by 2003 Wisconsin Act 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. 814.86 (1m), as renumbered from s. 814.635 (1m) by 2003 Wis. Act 139, reads:

(1m) Beginning on October 1, 1995, whenever the clerk of circuit court for Milwaukee County charges and collects a surcharge under sub. (1), he or she shall also charge and collect a $3.50 special prosecution clerks surcharge. The special prosecution clerks surcharge is in addition to the surcharge listed in sub. (1).

SB564, s. 128 Section 128. 881.01 (1) (b) of the statutes, as affected by 2003 Wisconsin Act .... (Senate Bill 492), is amended to read:

SB564,40,11 881.01 (1) (b) "Fiduciary" means a personal representative, trustee, conservator, or guardian of the estate.

Note: Inserts missing article.

SB564, s. 129 Section 129. 938.299 (6) (c) of the statutes is amended to read: