SB564: Bill Text

SB564,7,10 29.987 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The secretary of administration shall deposit the amount of the natural resources surcharge in the conservation fund.

Note: 2003 Wis. Act 33 changed state treasurer to secretary of administration in s. 59.25 (3) (f) 2.

SB564, s. 21 Section 21. The treatment of 29.989 (1) (c) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139.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. 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.

SB564, s. 22 Section 22. The treatment of 29.989 (1) (d) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139.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. 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 Section 23. 30.12 (1m) (title) of the statutes is created to read:

SB564,8,2 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 Act 118 inadvertently repealed the title to s. 30.12 (4m), which was renumbered s. 30.12 (1m) by Act 118.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 Section 24. 30.206 (1m) (title) of the statutes is created to read:

SB564,8,4 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 Section 25. 30.206 (7) (title) of the statutes is created to read:

SB564,8,6 30.206 (7) (title) Inapplicability.

Note: After 2003 Wis. Act 118, the remainder of the subsections in s. 30.206 have titles.

SB564, s. 26 Section 26. 30.209 (2) (b) of the statutes, as created by 2003 Wisconsin Act 118, is amended to read:

SB564,8,16 30.209 (2) (b) If a stay under sub. (1) (1m) (c) is in effect, the hearing examiner shall, within 30 days after receipt of the referral under sub. (1) (1m) (g), determine whether continuation of the stay is necessary to prevent significant adverse impacts or irreversible harm to the environment pending completion of the hearing. The hearing examiner shall make the determination based on the request under sub. (1) (1m) (c), any response from the applicant under sub. (1) (1m) (e), and any testimony at a public hearing or any public comments. The determination shall be made without a hearing.

Note: Inserts correct cross-reference.

SB564, s. 27 Section 27. 30.209 (2) (c) of the statutes, as created by 2003 Wisconsin Act 118, is amended to read:

SB564,9,6 30.209 (2) (c) A hearing under this section shall be completed within 90 days after receipt of the referral of the petition under sub. (1) (1m) (g), unless all parties agree to an extension of that period. In addition, a hearing examiner may grant a one-time extension for the completion of the hearing of up to 60 days on the motion of any party and a showing of good cause demonstrating extraordinary circumstances justifying an extension.

Note: Inserts correct cross-reference.

SB564, s. 28 Section 28. The treatment of 30.681 (2) (d) 1. 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. 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, s. 29 Section 29. 40.95 (2) of the statutes, as affected by 2003 Wisconsin Act 117, is amended to read:

SB564,9,18 40.95 (2) The department is not required to administer any program that provides health insurance premium credits for the purchase of health insurance for a retired employee, or the retired employee's surviving insured dependents; for an eligible employee under s. 40.02 (25) (b) 6e., or the eligible employee's surviving insured dependents; for an employee who is laid off, but who is not on a temporary, school year, seasonal, or sessional layoff, and his or her surviving insured dependents; and for the surviving insured dependents of an employee who dies while employed by the state, if the department determines that the program does not conform to the program approved by the joint committee on employment relations under 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 Section 30. 51.13 (5) of the statutes is amended to read:

SB564,10,6 51.13 (5) Appeal. Any person who is aggrieved by a determination or order under this section and who is directly affected thereby may appeal to 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. 31 Section 31. 51.14 (5) of the statutes is amended to read:

SB564,10,10 51.14 (5) Appeal. Any person who is aggrieved by a determination or order under sub. (4) and who is directly affected by the determination or order may appeal to 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 Section 32. 51.20 (15) of the statutes is amended to read:

SB564,10,15 51.20 (15) Appeal. An appeal may be taken to the court of appeals within the time period specified in s. 808.04 (3) in accordance with s. 809.40 809.30 by the subject of the petition or the individual's guardian, 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.

SB564, s. 33 Section 33. 55.06 (18) of the statutes is amended to read:

SB564,11,4 55.06 (18) An appeal may be taken to the court of appeals from a final judgment or final order under this section within the time period specified in s. 808.04 (3) and in accordance with s. 809.40 809.30 by the subject of the petition or the individual's guardian, 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.

SB564, s. 34 Section 34. The treatment of 59.25 (3) (f) 1. 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. 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.

SB564, s. 35 Section 35. The treatment of 59.25 (3) (f) 2. 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. 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, s. 36 Section 36. 59.25 (3) (k) of the statutes, as affected by 2003 Wisconsin Acts 33 and 139, is amended to read:

SB564,11,13 59.25 (3) (k) Forward 40% of the state forfeitures and fines, under ch. 348 to the secretary of administration for deposit in the transportation fund under s. 25.40 (1) (ig).

Note: The stricken comma was inserted by 2003 Wis. Act 33 but rendered superfluous by 2003 Wis. Act 139.

SB564, s. 37 Section 37. 59.40 (2) (m) of the statutes, as affected by 2003 Wisconsin Acts 33 and 139, is amended to read:

SB564,12,10 59.40 (2) (m) Pay monthly to the secretary of administration treasurer for the use of the state the state's percentage of the costs, fees, and surcharges imposed under ch. 814 that are required to be paid on each civil action, criminal action, and special proceeding filed during the preceding month and pay monthly to the secretary of administration treasurer for the use of the state the percentage of court imposed fines and forfeitures that are required by law to be deposited in the state treasury,,. The payments shall be made by the 15th day of the month following receipt 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 Section 38. 60.85 (1) (h) 1. k. of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 437), is amended to read:

SB564,12,15 60.85 (1) (h) 1. k. Costs for the removal, or containment, of lead contamination in buildings or infrastructure if the town declares that such lead contamination is a public health concern.

Note: Deletes unnecessary commas.

SB564, s. 39 Section 39. 60.85 (1) (h) 2. c. of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 437), is amended to read:

SB564,12,19 60.85 (1) (h) 2. c. General government operating expenses, unrelated to the planning or development of a tax incremental district.

Note: Deletes unnecessary comma.

SB564, s. 40 Section 40. 60.85 (6) (b) 3. of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 437), is amended to read:

SB564,13,6 60.85 (6) (b) 3. The limitations on the period during which expenditures may be made under subd. 1. do not apply to expenditures authorized by the adoption of an amendment to the project plan under sub. (3) (j), except that in no case may the total number of years during which expenditures are made exceed 7 years.

Note: Inserts missing word.

SB564, s. 41 Section 41. 60.85 (7) (a) of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 437), is amended to read:

SB564,13,16 60.85 (7) (a) Any person who operates for profit and is paid project costs under sub. (1) (h) 1. a., d., i. and j. in connection with the project plan for a tax incremental district shall notify the department of workforce development and the local workforce development board established under 29 USC 2832, of any positions to be filled in the county in which the town which created the tax incremental district is located during the period commencing with the date the person first performs work on the project and ending one year after receipt of its final payment of project costs. The person shall provide this notice at least 2 weeks prior to advertising the position.

Note: Deletes unnecessary comma.

SB564, s. 42 Section 42. 60.85 (7) (b) of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 437), is amended to read:

SB564,14,3 60.85 (7) (b) Any person who operates for profit and buys or leases property in a tax incremental district from a town for which the town incurs real property assembly costs under sub. (1) (h) 1. c. shall notify the department of workforce development and the local workforce development board established under 29 USC 2832, of any position to be filled in the county in which the town creating the tax incremental district is located within one year after the sale or commencement of the lease. The person shall provide this notice at least 2 weeks prior to advertising the position.

Note: Deletes unnecessary comma.

SB564, s. 43 Section 43. 60.85 (10) (c) (intro.) of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 437), is amended to read:

SB564,14,10 60.85 (10) (c) (intro.) Not later than February 15 of the year immediately following the year in which a town transmits to the department of revenue the notice required under par. (a), the town shall send to the department, on a form prescribed by the department, all of the following information that relates to the terminated tax incremental district:

Note: Inserts comma.

SB564, s. 44 Section 44. 60.85 (10) (c) 3. of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 437), is amended to read:

SB564,14,14 60.85 (10) (c) 3. The total amount of positive tax increments received by a the town.

Note: Replaces article consistent with the remainder of s. 60.85 (10) (c).

SB564, s. 45 Section 45. 62.23 (7) (hg) 1. of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 858), is amended to read:

SB564,14,22 62.23 (7) (hg) 1. In this paragraph, "amortization ordinance" means an ordinance that allows the continuance of the lawful use of a nonconforming building, premises, structure, or fixture that may be lawfully used as described under par. (h), but only for a specified period of time., after which the lawful use of such building, premises, structure, or fixture must be discontinued without the payment of just compensation.

Note: Corrects punctuation.

SB564, s. 46 Section 46. The treatment of 66.0114 (1) (bm) 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. 66.0114 (1) (bm) reads:

(bm) The official receiving the penalties shall remit all moneys collected to the treasurer of the city, village, town sanitary district, or public inland lake protection and rehabilitation district in whose behalf the sum was paid, except that all jail surcharges imposed under ch. 814 shall be remitted to the county treasurer, within 20 days after their receipt by the official. If timely remittance is not made, the treasurer may collect the payment of the officer by action, in the name of the office, and upon the official bond of the officer, with interest at the rate of 12% per year from the date on which it was due. In the case of any other costs, fees, and surcharges imposed under ch. 814, the treasurer of the city, village, town sanitary district, or public inland lake protection and rehabilitation district shall remit to the secretary of administration the amount 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. The governing body of the city, village, town sanitary district, or public inland lake protection and rehabilitation district shall by ordinance designate the official to receive the penalties and the terms under which the official qualifies.

SB564, s. 47 Section 47. 66.1105 (4m) (b) 4. of the statutes, as created by 2003 Wisconsin Act 126, is renumbered 66.1105 (4m) (b) 4m.

Note: 2003 Wis. Act 127 also created a provision numbered 66.1105 (4m) (b) 4.

SB564, s. 48 Section 48. The treatment of 66.1105 (5) (a) of the statutes by 2003 Wisconsin Act 126 is not repealed by 2003 Wisconsin Act 127. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 10-1-04, s. 66.1105 (5) (a) reads:

(a) Subject to sub. (8) (d), upon the creation of a tax incremental district or upon adoption of any amendment subject to par. (c), its tax incremental base shall be determined as soon as reasonably possible. The department of revenue may impose a fee of $1,000 on a city to determine or redetermine the tax incremental base of a tax incremental district under this subsection.

SB564, s. 49 Section 49. 66.1105 (7) (am) 3. of the statutes, as created by 2003 Wisconsin Act 194, is amended to read:

SB564,16,10 66.1105 (7) (am) 3. For a district that is created after September 30, 2004, about which a finding is made under sub. (4) (gm) 4. a. that not less than 50 percent, by area, of the real property within the district is a blighted area or in need of rehabilitation, 27 years after the district is created, except that the city that created the district may, subject to sub. (8) (e), request that the joint review board extend the life of the district for an additional 3 years. Along with its request for a 3-year extension, the city may provide the joint review board with an independent audit that demonstrates that the district is unable to pay off its project costs within the 27 years after the district is created. The joint review board may deny or approve a request to extend the life of the district for 3 years if the request does not include the independent audit, and the board shall approve a request to extend the life of the district for 3 years if the request includes the audit. If the joint review board extends the district's life, the district shall terminate at the earlier of the end of the extended period or the period specified in par. (a).

Note: Inserts missing word.

SB564, s. 50 Section 50. 66.1105 (8) (c) (intro.) of the statutes, as created by 2003 Wisconsin Act 126, is amended to read: