SB564,4,108
20.924
(4) In addition to the authorized building program for the historical
9society, the society may expend any funds which are made available from the
10appropriations under s. 20.245 (1) (a),
(g), (h), (m),
and (n)
, and (r).
Note: Corrects cross-reference.
2003 Wis. Act 91 renumbered s. 20.245 (1) (g) to
s. 20.245 (1) (r).
Note: There is no conflict of substance. The amendment of s. 21.18 (3) by
2003 Wis.
Act 25 divided that provision into 3 parts, subs. (3), (4), and (5). As merged by the revisor,
s. 21.18 (3), (4), and (5) read:
(3) All staff officers appointed under sub. (1), except the adjutant general whose
tenure is governed by ss. 15.31 and 17.07 (5), shall hold their positions unless terminated
earlier by resignation, disability, or for cause or unless federal recognition of the officer's
commission under
32 USC 323 is refused or withdrawn. The governor shall remove an
officer whose federal recognition is refused or withdrawn, effective on the date of the loss
of federal recognition.
(4) The terms of the deputy adjutants general for army and air shall be 5 years
beginning on the first day of the 7th month of the term of the adjutant general. The
deputy adjutants general may be reappointed to successive terms.
(5) The adjutant general shall appoint persons to fill vacancies in positions in the
military staff of the governor. Vacancies on the military staff of the governor shall be filled
by appointment from officers actively serving in the national guard, except as provided
in s. 15.31. Interim vacancies shall be filled by appointment by the adjutant general for
the residue of the unexpired term.
Note: There is no conflict of substance. As merged by the revisor, s. 23.33 (4c) (b)
4. a., as renumbered from s. 23.33 (4c) (b) 4. by
2003 Wis. Act 97, reads:
a. In an action under this paragraph, 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, did not have an alcohol concentration of 0.08 or more, or did not have a
detectable amount of a restricted controlled substance in his or her blood.
SB564,6,2
523.85 Statement to county board; payment to state. Every county
6treasurer shall, on the first day of the annual meeting of the county board of
7supervisors, submit to it a verified statement of all forfeitures,
, costs, fees, and
8surcharges imposed under ch. 814 and received during the previous year. The county
9clerk shall deduct all expenses incurred by the county in recovering those
10forfeitures,
, costs, fees, and surcharges from the aggregate amount so received, and
11shall immediately certify the amount of clear proceeds of those forfeitures,
, costs,
12fees, and surcharges to the county treasurer, who shall pay the proceeds to the state
1as provided in s. 59.25 (3). Jail surcharges imposed under ch. 814 shall be treated
2separately as provided in s. 302.46.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04,
s. 29.983 (1) (e) reads:
(e) 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 wild animal
protection surcharge under this section. If the deposit is forfeited, the amount of the wild
animal protection surcharge shall be transmitted to the secretary of administration
under par. (f). If the deposit is returned, the wild animal protection surcharge shall also
be returned.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04,
s. 29.983 (1) (f) reads:
(f) The clerk of the court shall collect and transmit to the county treasurer the wild
animal protection 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.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04,
s. 29.985 (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 fishing shelter
removal surcharge under this section. If the deposit is forfeited, the amount of the fishing
shelter removal surcharge shall be transmitted to the secretary of administration under
par. (d). If the deposit is returned, the fishing shelter removal surcharge shall also be
returned.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04,
s. 29.985 (1) (d) reads:
(d) The clerk of the court shall collect and transmit to the county treasurer the
fishing shelter removal 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.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04,
s. 29.987 (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 natural resources
surcharge under this section. If the deposit is forfeited, the amount of the natural
resources surcharge shall be transmitted to the secretary of administration under par.
(d). If the deposit is returned, the natural resources surcharge shall also be returned.
SB564,7,105
29.987
(1) (d) The clerk of the court shall collect and transmit to the county
6treasurer the natural resources surcharge and other amounts required under s.
759.40 (2) (m). The county treasurer shall then make payment to the
state treasurer 8secretary of administration as provided in s. 59.25 (3) (f) 2. The secretary of
9administration shall deposit the amount of the natural resources surcharge in the
10conservation fund.
Note: 2003 Wis. Act 33 changed state treasurer to secretary of administration in
s. 59.25 (3) (f) 2.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04,
s. 29.989 (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 natural resources
restitution surcharge under this section. If the deposit is forfeited, the amount of the
natural resources restitution surcharge shall be transmitted to the secretary of
administration under par. (d). If the deposit is returned, the natural resources restitution
surcharge shall also be returned.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04,
s. 29.989 (1) (d) reads:
(d) The clerk of the court shall collect and transmit to the county treasurer the
natural resources 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. The secretary of administration shall deposit the amount
of the natural resources restitution surcharge in the conservation fund.
SB564, s. 23
1Section
23. 30.12 (1m) (title) of the statutes is created to read:
SB564,8,22
30.12
(1m) (title)
Duck Creek Drainage District structures and deposits.
Note: 2003 Wis. Act 118 inadvertently repealed the title to s. 30.12 (4m), which was
renumbered s. 30.12 (1m) by Act 118.
SB564, s. 24
3Section
24. 30.206 (1m) (title) of the statutes is created to read:
SB564,8,44
30.206
(1m) (title)
General permit for certain utility facilities.
Note: After
2003 Wis. Act 118, the remainder of the subsections in s. 30.206 have
titles.
SB564, s. 25
5Section
25. 30.206 (7) (title) of the statutes is created to read:
SB564,8,66
30.206
(7) (title)
Inapplicability.
Note: After
2003 Wis. Act 118, the remainder of the subsections in s. 30.206 have
titles.
SB564,8,169
30.209
(2) (b) If a stay under sub.
(1) (1m) (c) is in effect, the hearing examiner
10shall, within 30 days after receipt of the referral under sub.
(1) (1m) (g), determine
11whether continuation of the stay is necessary to prevent significant adverse impacts
12or irreversible harm to the environment pending completion of the hearing. The
13hearing examiner shall make the determination based on the request under sub.
(1) 14(1m) (c), any response from the applicant under sub.
(1) (1m) (e), and any testimony
15at a public hearing or any public comments. The determination shall be made
16without a hearing.
Note: Inserts correct cross-reference.
SB564,9,6
130.209
(2) (c) A hearing under this section shall be completed within 90 days
2after receipt of the referral of the petition under sub.
(1) (1m) (g), unless all parties
3agree to an extension of that period. In addition, a hearing examiner may grant a
4one-time extension for the completion of the hearing of up to 60 days on the motion
5of any party and a showing of good cause demonstrating extraordinary
6circumstances justifying an extension.
Note: Inserts correct cross-reference.
Note: There is no conflict of substance. As merged by the revisor, s. 30.681 (2) (d)
1. a., as renumbered from s. 30.681 (2) (d) 1. by
2003 Wis. Act 97, reads:
a. In an action under this subsection for a violation of the intoxicated boating law
where the defendant was operating a motorboat that is not a commercial motorboat, 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.
SB564,9,1811
40.95
(2) The department is not required to administer any program that
12provides health insurance premium credits for the purchase of health insurance for
13a retired employee
, or the retired employee's surviving insured dependents; for an
14eligible employee under s. 40.02 (25) (b) 6e., or the eligible employee's surviving
15insured dependents; for an employee who is laid off, but who is not on a temporary,
16school year, seasonal, or sessional layoff, and his or her surviving insured
17dependents; and for the surviving insured dependents of an employee who dies while
18employed by the state, if the department determines that the program does not
1conform to the program approved by the joint committee on employment relations
2under s. 230.12 (9).
Note: The underscored comma was deleted by
2003 Wis. Act 117 without being
shown as stricken. No change was intended.
SB564, s. 30
3Section
30. 51.13 (5) of the statutes is amended to read:
SB564,10,64
51.13
(5) Appeal. Any person who is aggrieved by a determination or order
5under this section and who is directly affected thereby may appeal to the court of
6appeals under s.
809.40 809.30.
Note: Corrects cross-reference. Prior to the adoption of Sup. Ct. Order No. 02-01,
appeals of cases under chs. 51 and 55 were made under s. 809.40 (1). Sup. Ct. Order No.
02-01 repealed s. 809.40 (1) and amended s. 809.30 to apply to ch. 51 and 55 appeals but
did not treat cross-references to s. 809.40.
SB564, s. 31
7Section
31. 51.14 (5) of the statutes is amended to read:
SB564,10,108
51.14
(5) Appeal. Any person who is aggrieved by a determination or order
9under sub. (4) and who is directly affected by the determination or order may appeal
10to the court of appeals under s.
809.40 809.30.
Note: Corrects cross-reference. Prior to the adoption of Sup. Ct. Order No. 02-01,
appeals of cases under chs. 51 and 55 were made under s. 809.40 (1). Sup. Ct. Order No.
02-01 repealed s. 809.40 (1) and amended s. 809.30 to apply to ch. 51 and 55 appeals but
did not treat cross-references to s. 809.40.
SB564, s. 32
11Section
32. 51.20 (15) of the statutes is amended to read:
SB564,10,1512
51.20
(15) Appeal. An appeal may be taken to the court of appeals within the
13time period specified in s. 808.04 (3) in accordance with s.
809.40 809.30 by the
14subject of the petition or the individual's guardian, by any petitioner
, or by the
15representative of the public.
Note: Corrects cross-reference. Prior to the adoption of Sup. Ct. Order No. 02-01,
appeals of cases under chs. 51 and 55 were made under s. 809.40 (1). Sup. Ct. Order No.
02-01 repealed s. 809.40 (1) and amended s. 809.30 to apply to ch. 51 and 55 appeals but
did not treat cross-references to s. 809.40.
SB564, s. 33
16Section
33. 55.06 (18) of the statutes is amended to read:
SB564,11,4
155.06
(18) An appeal may be taken to the court of appeals from a final judgment
2or final order under this section within the time period specified in s. 808.04 (3) and
3in accordance with s.
809.40 809.30 by the subject of the petition or the individual's
4guardian, by any petitioner
, or by the representative of the public.
Note: Corrects cross-reference. Prior to the adoption of Sup. Ct. Order No. 02-01,
appeals of cases under chs. 51 and 55 were made under s. 809.40 (1). Sup. Ct. Order No.
02-01 repealed s. 809.40 (1) and amended s. 809.30 to apply to ch. 51 and 55 appeals but
did not treat cross-references to s. 809.40.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04,
s. 59.25 (3) (f) 1. reads:
1. Except as provided in subd. 2., transmit to the secretary of administration at the
time required by law to pay the state taxes a particular statement, certified by the county
treasurer's personal signature affixed or attached thereto, of all moneys received by him
or her during the preceding year and which are payable to the secretary of administration
for licenses, fines, forfeitures, or on any other account, and at the same time pay to the
secretary of administration the amount thereof after deducting the legal fees.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04,
s. 59.25 (3) (f) 2. reads:
2. For all court imposed fines and forfeitures, plus costs, fees, and surcharges
imposed under ch. 814, required by law to be deposited in the state treasury, transmit to
the secretary of administration a statement of all moneys required by law to be paid on
the actions entered during the preceding month on or before the first day of the next
succeeding month, certified by the county treasurer's personal signature affixed or
attached thereto, and at the same time pay to the secretary of administration the amount
of the money transmitted.
SB564,11,1311
59.25
(3) (k) Forward 40% of the state forfeitures and fines
, under ch. 348 to
12the secretary of administration for deposit in the transportation fund under s. 25.40
13(1) (ig).
SB564,12,103
59.40
(2) (m) Pay monthly to the
secretary of administration treasurer for the
4use of the state the state's percentage of the costs, fees, and surcharges imposed
5under ch. 814 that are required to be paid on each civil action, criminal action, and
6special proceeding filed during the preceding month and pay monthly to the
7secretary of administration treasurer for the use of the state the percentage of court
8imposed fines and forfeitures that are required by law to be deposited in the state
9treasury
,,. The payments shall be made by the 15th day of the month following
10receipt of the payments.
Note: 2003 Wisconsin Act 33 replaced "treasurer" with "secretary of
administration" throughout the statutes in order to transfer certain functions from the
state treasurer to the secretary or department of administration. The change was made
inadvertently to this provision. In chapter 59, treasurer means the county treasurer, not
the state treasurer. The stricken commas were inserted by
2003 Wis. Act 33 but rendered
superfluous by
2003 Wis. Act 139.
SB564, s. 38
11Section
38. 60.85 (1) (h) 1. k. of the statutes, as created by 2003 Wisconsin Act
12.... (Assembly Bill 437), is amended to read:
SB564,12,1513
60.85
(1) (h) 1. k. Costs for the removal
, or containment
, of lead contamination
14in buildings or infrastructure if the town declares that such lead contamination is
15a public health concern.
Note: Deletes unnecessary commas.
SB564, s. 39
16Section
39. 60.85 (1) (h) 2. c. of the statutes, as created by 2003 Wisconsin Act
17.... (Assembly Bill 437), is amended to read:
SB564,12,1918
60.85
(1) (h) 2. c. General government operating expenses
, unrelated to the
19planning or development of a tax incremental district.
Note: Deletes unnecessary comma.
SB564, s. 40
1Section
40. 60.85 (6) (b) 3. of the statutes, as created by 2003 Wisconsin Act
2.... (Assembly Bill 437), is amended to read: