230.08 (2) (c) The director, associate director and state historian of the historical society; and, with the approval of the board of curators and the administrator, such number of specialists as are required by the society for specific research, writing, collecting or editing projects which for a limited period of time not to exceed 2 years, renewable at the discretion of the board of curators and the administrator for an additional 2-year period, require persons with particular training or experience in a specialized phase or field of history, historical research, writing, collecting or editing, and any persons whose entire salary is paid from funds reappropriated to the society by s. 20.245 (1) (g) (r) where competitive examination is impractical.
Note: Corrects cross-reference. 2003 Wis. Act 91 renumbered s. 20.245 (1) (g) to s. 20. 245 (1) (r).
326,89 Section 89. 251.12 (1) of the statutes, as affected by 2003 Wisconsin Act 158, is amended to read:
251.12 (1) A city health department that is established as specified in s. 251.02 (1) and (2) (a),.
Note: Deletes incorrect comma.
326,90 Section 90. 285.60 (9) of the statutes, as created by 2003 Wisconsin Act 118, is amended to read:
285.60 (9) Petitions for registration permits, general permits, and exemptions. A person may petition the department to make a determination that a type of stationary source meets the criteria for a registration permit under sub. (2g), a general permit under sub. (3), or an exemption under sub. (6). The department shall provide a written response to a petition within 30 days after receiving the petition indicating whether the type of stationary source meets the applicable criteria for a registration permit, a general permit, or an exemption. If the type of source meets the applicable criteria, the department shall, within 365 days after receiving the petition, issue the registration permit or general permit or, for an exemption, shall submit to the legislative council staff under s. 227.15 (1) in proposed form any necessary rules or take any other action that is necessary to provide the exemption.
Note: Inserts missing word.
326,91 Section 91. 299.83 (1) (c) of the statutes, as created by 2003 Wisconsin Act .... (Senate Bill 61), is amended to read:
299.83 (1) (c) "Environmental performance," unless otherwise qualified, means the effects, whether regulated under chs. 29 to 31, 160, and or 280 to 299 or unregulated, of a facility or activity on air, water, land, natural resources, and human health.
Note: Inserts correct word.
326,92 Section 92. 299.83 (3) (d) 2. a. of the statutes, as created by 2003 Wisconsin Act .... (Senate Bill 61), is amended to read:
299.83 (3) (d) 2. a. Improving the environmental performance of the applicant, with respect to each covered facility or activity, in aspects of environmental performance that are regulated under chs. 29 to 31, 160, and or 280 to 299.
Note: Inserts correct word.
326,93 Section 93. 299.83 (3) (d) 2. b. of the statutes, as created by 2003 Wisconsin Act .... (Senate Bill 61), is amended to read:
299.83 (3) (d) 2. b. Improving the environmental performance of the applicant, with respect to each covered facility or activity, in aspects of environmental performance that are not regulated under chs. 29 to 31, 160, and or 280 to 299.
Note: Inserts correct word.
326,94 Section 94. 299.83 (4m) (f) of the statutes, as created by 2003 Wisconsin Act .... (Senate Bill 61), is amended to read:
299.83 (4m) (f) After a participant in tier I of the program implements an environmental management system that complies with sub. (3) (d) 1., the department shall conduct any inspections of the participant's covered facilities or activities that are required under chs. 29 to 31, 160, and or 280 to 299 at the lowest frequency permitted under those chapters, except that the department may conduct an inspection whenever it has reason to believe that a participant is out of compliance with a requirement in an approval or with an environmental requirement.
Note: Inserts correct word.
326,95 Section 95. 299.85 (1) (c) 1. of the statutes, as created by 2003 Wisconsin Act .... (Senate Bill 61), is amended to read:
299.85 (1) (c) 1. Chapters 29 to 31, 160, or 280 to 299, a rule promulgated under one of those chapters, or a permit, license, other approval, or order issued by the department under one of those chapters.
Note: Inserts missing comma.
326,96 Section 96. The treatment of 299.93 (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. 299.93 (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 environmental surcharge under this section. If the deposit is forfeited, the amount of the environmental surcharge shall be transmitted to the secretary of administration under sub. (4). If the deposit is returned, the environmental surcharge shall also be returned.
326,97 Section 97. The treatment of 299.93 (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. 299.93 (4) reads:
(4) The clerk of the court shall collect and transmit to the county treasurer the environmental 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 surcharge in the environmental fund.
326,98 Section 98. 302.31 (8) of the statutes, as created by 2003 Wisconsin Act .... (Assembly Bill 390), is renumbered 302.31 (8m).
Note: 2003 Wis. Act 81 also created a provision numbered s. 302.31 (8).
326,99 Section 99. The treatment of 302.46 (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. 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), 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), 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.
326,100 Section 100. The treatment of 343.10 (1) (a) of the statutes by 2003 Wisconsin Act 80 is not repealed by 2003 Wisconsin Act .... (Senate Bill 105). Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor s. 343.10 (1) (a) reads:
(a) If a person's license or operating privilege is revoked or suspended under this chapter or s. 767.303, 943.21 (3m), 943.34 (14q), or 961.50 and if the person is engaged in an occupation, including homemaking or full-time or part-time study, or a trade making it essential that he or she operate a motor vehicle, the person, after payment of the fee provided in sub. (6), may file an application with the department setting forth in detail the need for operating a motor vehicle. No person may file more than one application with respect to each revocation or suspension of the person's license or operating privilege under this chapter or s. 767.303, 943.21 (3m), 943.34 (14q), or 961.50, except that this limitation does not apply to an application to amend an occupational license restriction.
326,101 Section 101. 343.12 (6) (a) of the statutes, as created by 2003 Wisconsin Act .... (Senate Bill 350), is amended to read:
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.
326,102 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.
326,103 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).
326,104 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.
326,105 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).
326,106 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.
326,107 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).
326,108 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.
326,109 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.
326,110 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).
326,111 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.
326,112 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.
326,113 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.
326,114 Section 114. 440.994 (3) (form) of the statutes, as created by 2003 Wisconsin Act 150, is amended to read:
440.994 (3) (form)
WARNING TO STUDENT ATHLETE
IF YOU SIGN THIS CONTRACT:
1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;
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
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.
326,115 Section 115. 703.165 (2) of the statutes, as affected by 2003 Wisconsin Act .... (Assembly Bill 254), is amended to read:
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.
326,116 Section 116. 703.19 (8) of the statutes, as affected by 2003 Wisconsin Act .... (Assembly Bill 254), is amended to read:
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.
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