Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2003 Wis. Act
233 also created a provision numbered s. 66.1001 (5).
Note: Allows for consistency between s. 77.89 (2) (a) and (b). The renumbering by
2003 Wis. Act 228 of s. 77.89 (2) to s. 77.89 (2) (a) and s. 77.89 (3) to s. 77.89 (2) (b) resulted
in s. 77.89 (2) (a) not having a title and s. 77.89 (2) (b) having a title.
SB566, s. 20
7Section
20. The treatment of 79.035 (2) (a) 1. of the statutes by
2003 Wisconsin
8Act 164 is not repealed by 2003 Wisconsin Act .... (Senate Bill 557). Both treatments
9stand.
Note: There is no conflict of substance. As merged by the revisor, s. 79.035 (2) (a)
1. reads:
1. Except as provided under ss. 79.02 (3) (e) and 79.043 (2) and (3), for the
distribution in 2004, each county and municipality will receive a payment that is equal
to the amount of the payments the county or municipality would have received in 2003
under ss. 79.03, 79.058, and 79.06, if not for the reductions under s. 79.02 (3) (c) 3., less
the amount of the reduction under subd. 2.
SB566,8,12
1282.16 (title)
Highway orders; presumptions
; limitation of actions.
Note: After the treatment by
2003 Wis. Act 214, section
94,
s. 82.16 contains no
reference to limitations of actions.
SB566,9,615
83.08
(4) Subject to s. 84.09 (3) (c) and to the approval of the department, the
16county board is authorized and empowered to sell at public sale, or to sell at private
1sale for fair market value to an owner of adjacent property, property
, owned by the
2county in fee for highway purposes, when the county board shall determine that such
3property is no longer necessary for the county's use for highway purposes. The funds
4derived from such sale shall be deposited in the county highway fund and the expense
5incurred in connection with the sale shall be paid from that fund. However, approval
6of the department is not required where county funds only have been used.
Note: 2003 Wis. Act 212 deleted the underscored comma without showing it as
stricken. No change was intended.
Note: There is no conflict of substance. As merged by the revisor s. 84.09 (5) reads:
(5) Subject to the approval of the governor, the department may sell at public or
private sale property of whatever nature owned by the state and under the jurisdiction
of the department when the department determines that the property is no longer
necessary for the state's use for transportation purposes and, if real property, the real
property is not the subject of a petition under s. 560.9810 (2). The department shall
present to the governor a full and complete report of the property to be sold, the reason
for the sale, and the minimum price for which the same should be sold, together with an
application for the governor's approval of the sale. The governor shall thereupon make
such investigation as he or she may deem necessary and approve or disapprove the
application. Upon such approval and receipt of the full purchase price, the department
shall by appropriate deed or other instrument transfer the property to the purchaser. The
approval of the governor is not required for public or private sale of property having a fair
market value at the time of sale of not more than $15,000, for the transfer of surplus state
real property to the department of administration under s. 560.9810, or for the transfer
of surplus state personal property to the department of tourism under sub. (5s). The
funds derived from sales under this subsection shall be deposited in the transportation
fund, and the expense incurred by the department in connection with the sale shall be
paid from such fund.
Note: There is no conflict of substance. As merged by the revisor s. 84.09 (5r) reads:
(5r) In lieu of the sale or conveyance of property under sub. (5) or (5m), the
department may, subject to the approval of the governor, donate real property that is
adjacent to the veterans memorial site located at The Highground in Clark County and
owned by the state and under the jurisdiction of the department to the Wisconsin Vietnam
Veterans Memorial Project, Inc., for the purpose of the veterans memorial site located at
The Highground in Clark County for the purpose of a memorial hall specified in s. 70.11
(9). The department may donate property under this subsection only when the
department determines that the property is no longer necessary for the state's use for
transportation purposes and is not the subject of a petition under s. 560.9810 (2) and is
transferred with a restriction that the donee may not subsequently transfer the real
property to any person except to this state, which shall not be charged for any
improvements thereon. Such restriction shall be recorded in the office of the register of
deeds in the county in which the property is located. The department shall present to the
governor a full and complete report of the property to be donated, the reason for the
donation, and the minimum price for which the property could likely be sold under sub.
(5), together with an application for the governor's approval of the donation. The
governor shall thereupon make such investigation as he or she considers necessary and
approve or disapprove the application. Upon such approval, the department shall by
appropriate deed or other instrument transfer the property to the donee. The approval
of the governor is not required for donation of property having a fair market value at the
time of donation of not more than $15,000. Any expense incurred by the department in
connection with the donation shall be paid from the transportation fund.
SB566,10,73
84.1026
(1) The department shall designate and, subject to sub. (2), mark the
4route of USH 151, commencing at the
Wisconsin-Illinois
Wisconsin-Iowa border and
5proceeding easterly to Manitowoc, as the "Wisconsin Law Enforcement Officers
6Highway" to commemorate and honor all law enforcement officers of this state for
7their dedicated public service in defending and protecting life, health, and property.
Note: The Wisconsin part of U.S. Highway 151 starts at the Iowa-Wisconsin
border, crossing the Mississippi River at Dubuque, Iowa.
SB566,10,1410
85.21
(3m) (bm) Notwithstanding par. (b) 4. and
5. 7., a specialized
11transportation service that is operated by a county or that contracts with a county
12for services under this section may employ as an operator of a human service vehicle
13any person holding a valid school bus endorsement under s. 343.12 that was issued
14or renewed within 4 years prior to employment.
Note: Corrects cross-reference, consistent with s. 85.21 (3m) (dm), as created by
2003 Wis. Act 297.
SB566, s. 27
1Section
27. The treatment of 101.563 (2) (b) 1. of the statutes by
2003
2Wisconsin Act 33 is not repealed by 2003 Wisconsin Act .... (Senate Bill 558). Both
3treatments stand.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04,
s. 101.563 (2) (b) 1. reads:
1. `Payments from calendar year 2001 dues.' Notwithstanding s. 101.573 (3) (a),
by the 30th day following July 30, 2002, the department shall compile the fire department
dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under
s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), subtract the total amount due
to be paid under par. (a), withhold 0.5%, and certify to the secretary of administration the
proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city,
village, and town entitled to a proportionate share of fire department dues as provided
under sub. (1) (b) and s. 101.575. If the department has previously certified an amount
to the secretary of administration under s. 101.573 (3) (a) during calendar year 2002, the
department shall recertify the amount in the manner provided under this subdivision.
On or before August 1, 2002, the secretary of administration shall pay the amounts
certified or recertified by the department under this subdivision to each city, village, and
town entitled to a proportionate share of fire department dues as provided under sub. (1)
and s. 101.575. The secretary of administration may combine any payment due under
this subdivision with any amount due to be paid on or before August 1, 2002, to the same
city, village, or town under par. (a).
SB566, s. 28
4Section
28. The treatment of 101.563 (2) (b) 3. of the statutes by
2003
5Wisconsin Act 33 is not repealed by 2003 Wisconsin Act .... (Senate Bill 558). Both
6treatments stand.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04,
s. 101.563 (2) (b) 3. reads:
3. `Payments to correct errors.' The amounts withheld under subds. 1. and 2. shall
be disbursed to correct errors of the department or the commissioner of insurance. The
department shall certify to the secretary of administration the amount that must be
disbursed to correct an error and the secretary of administration shall pay the amount
to the specified city, village, or town. The balance of the amount withheld in a calendar
year under subd. 1. or 2., as applicable, that is not disbursed under this subdivision shall
be included in the total compiled by the department under subd. 2. for the next calendar
year, except that amounts withheld under subd. 2. from fire department dues collected
for calendar year 2004 that are not disbursed under this subdivision shall be included in
the total compiled by the department under s. 101.573 (3) (a) for the next calendar year.
If errors in payments exceed the amount withheld, adjustments shall be made in the
distribution for the next year.
Note: There is no conflict of substance. As merged by the revisor, s. 165.755 (1) (b)
reads:
(b) A court may not impose the crime laboratories and drug law enforcement
surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv)
or (5) (b), 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 a state law or
municipal or county ordinance involving a nonmoving traffic violation or a safety belt use
violation under s. 347.48 (2m).
SB566,12,103
196.204
(5) (ar) 2. For purposes of subd. 1., the total service long-run
4incremental cost of a local government telecommunications utility shall take into
5account, by imputation or allocation, equivalent charges for all taxes, pole rentals,
6rights-of-way, licenses, and similar costs that are incurred by nongovernmental
7telecommunications utilities. This subdivision does not apply to a local government
8telecommunications utility that is subject to the exemption under s. 66.0422
(3m) 9(3n). This subdivision also does not apply to a telecommunications service, relevant
10group of services, or basic network function if all of the following conditions apply:
Note: Inserts the correct cross-reference. Separate adopted amendments to 2003
Senate Bill 272, which was enacted as
2003 Wis. Act 278, created different provisions
numbered s. 66.0422 (3m). In enrolling the amendments, s. 66.0422 (3m), created in
Assembly Amendment 7, was renumbered s. 66.0422 (3n), but the cross-reference to s.
66.0422 (3m) inserted by Assembly Amendment 7 in s. 196.204 (5) (ar) 2. was not changed
accordingly.
Note: There is no conflict of substance. As merged by the revisor, effective 11-1-04,
s. 218.0114 (1) reads:
(1) No motor vehicle dealer, motor vehicle wholesaler, motor vehicle salesperson,
motor vehicle buyer, or sales finance company may engage in business as a motor vehicle
dealer, motor vehicle wholesaler, motor vehicle salesperson, motor vehicle buyer, or sales
finance company in this state without a license therefor as provided in ss. 218.0101 to
218.0163. If any motor vehicle dealer acts as a motor vehicle salesperson, he or she shall
secure a motor vehicle salesperson's license in addition to a motor vehicle dealer license.
Every motor vehicle dealer shall be responsible for the licensing of every motor vehicle
salesperson or motor vehicle buyer in his or her employ. Any person violating this
subsection may be required to forfeit not less than $500 nor more than $5,000.
SB566,13,85
299.83
(6) (a) 1. Describe the involvement of interested persons in developing
6the proposal for maintaining and improving the applicant's superior environmental
7performance, identify the interested persons, and describe the interests that those
8person persons have in the applicant's participation in the program.
Note: Corrects spelling.
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), (br), or (bv) 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.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2003 Wis. Act
192 also created a provision numbered s. 341.05 (27).
Note: There is no conflict of substance. As merged by the revisor, effective 9-30-05,
s. 343.12 (2) (intro.), reads:
(2) (intro.) Except as provided in sub. (2m), the department shall issue or, except
as provided in par. (h), renew a school bus endorsement to a person only if such person
meets all of the following requirements:
Note: There is no conflict of substance. As merged by the revisor, effective 9-30-05,
s. 343.12 (4) (b) reads:
(b) The department shall, by rule, establish standards for the employment by an
employer of a person under par. (a) as an operator of a school bus in this state. The rules
may require the person to meet the qualifications contained in sub. (2), (2m), or (3) and
any rules of the department applicable to residents, except that the rules shall require
the person to meet the qualifications contained in sub. (2) (dm) and (em). The rules shall
also require the employer to perform the actions specified in s. 121.555 (3) (a) 1. and 3.
SB566,14,75
346.495
(1) (b) If a court imposes a forfeiture under s. 346.49 (2r) with respect
6to a violation of s. 346.44 or 346.45, the court shall also impose a railroad crossing
7improvement
assessment surcharge equal to 50% of the amount of the forfeiture.
Note: Section 346.923 was created with only one subsection.
SB566,14,1412
346.95
(4) Any person violating s. 346.923
(1) or (2), 346.925, or 346.94 (8) or
13(8m) may be required to forfeit not more than $20 for the first offense and not more
14than $50 for each subsequent offense.
Note: 2003 Wis. Act 297 created s. 346.923 with only one subsection, sub. (1), which
is renumbered to s. 346.923 by the previous section of this bill.
SB566,15,3
1440.05 Standard fees. (intro.) The following standard fees apply to all initial
2credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 444.03, 444.11,
3447.04 (2) (c) 2., 449.17, and 449.18
,:
SB566, s. 42
4Section
42. The treatment of 440.05 (intro.) of the statutes by
2003 Wisconsin
5Act 150 is not repealed by 2003 Wisconsin Act .... (this act). Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, effective 10-1-04,
s. 440.05 (intro.) reads:
440.05 Standard fees. (intro.) The following standard fees apply to all initial
credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 440.9935, 444.03,
444.11, 447.04 (2) (c) 2., 449.17, and 449.18:
SB566,15,108
440.08
(2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
9444.03, 444.11, 448.065, 447.04 (2) (c) 2., 449.17, and 449.18,
, the renewal dates and
10renewal fees for credentials are as follows:
SB566,15,1913
440.23
(1) If the holder of a credential pays a fee required under s. 440.05 (1)
14or (6), 440.08, 444.03, or 444.11
, by check or debit or credit card and the check is not
15paid by the financial institution upon which the check is drawn or if the demand for
16payment under the debit or credit card transaction is not paid by the financial
17institution upon which demand is made, the department may cancel the credential
18on or after the 60th day after the department receives the notice from the financial
19institution, subject to sub. (2).
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), (br), or (bv) 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. 814.61 (7) (b) reads:
(b) Upon the filing of any petition, motion, or order to show cause by either party
under s. 767.325 or 767.327, $50. No fee may be collected under this paragraph for filing
a petition, motion, or order to show cause for the revision of a judgment or order for legal
custody or physical placement if both parties have stipulated to the revision of the
judgment or order. Of the fees received by the clerk under this paragraph, the county
treasurer shall pay 25% to the secretary of administration for deposit in the general fund,
retain 25% for the use of the county, and deposit 50% in a separate account to be used by
the county exclusively for the purposes specified in s. 767.11.
Note: There is no conflict of substance. As merged by the revisor, s. 814.63 (1) (c)
reads:
(c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a),
(am) 1., (ar), (bm), (br), or (bv) or (5), 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 a safety belt use violation under s. 347.48 (2m).
SB566,17,3
1940.32
(3m) A prosecutor need not
need show that a victim received or will
2receive treatment from a mental health professional in order to prove that the victim
3suffered serious emotional distress under sub. (2) (c) or (2e) (c).
Note: Deletes unnecessary word.
SB566,17,66
943.21
(3) (am) (intro.) Whoever violates sub.
(1) (1m) (a), (b), or (c):