(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.
23.85 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board of supervisors, submit to it a verified statement of all forfeitures,, costs, fees, and surcharges imposed under ch. 814 and received during the previous year. The county clerk shall deduct all expenses incurred by the county in recovering those forfeitures,, costs, fees, and surcharges from the aggregate amount so received, and shall immediately certify the amount of clear proceeds of those forfeitures,, costs, fees, and surcharges to the county treasurer, who shall pay the proceeds to the state as provided in s. 59.25 (3). Jail surcharges imposed under ch. 814 shall be treated separately 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.
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.
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.
326,23
Section
23. 30.12 (1m) (title) of the statutes is created to read:
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.
326,24
Section
24. 30.206 (1m) (title) of the statutes is created to read:
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.
326,25
Section
25. 30.206 (7) (title) of the statutes is created to read:
30.206 (7) (title) Inapplicability.
Note: After
2003 Wis. Act 118, the remainder of the subsections in s. 30.206 have titles.
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.
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.
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.
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.
326,30
Section
30. 51.13 (5) of the statutes is amended to read:
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.
326,31
Section
31. 51.14 (5) of the statutes is amended to read:
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.
326,32
Section
32. 51.20 (15) of the statutes is amended to read:
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.
326,33
Section
33. 55.06 (18) of the statutes is amended to read:
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.
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.
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).
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.
326,38
Section
38. 60.85 (1) (h) 1. k. of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 437), is amended to read:
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.
326,39
Section
39. 60.85 (1) (h) 2. c. of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 437), is amended to read:
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.
326,40
Section
40. 60.85 (6) (b) 3. of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 437), is amended to read:
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.
326,41
Section
41. 60.85 (7) (a) of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 437), is amended to read:
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.
