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.
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.
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).
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.
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.
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.
SB564,35,77
440.994
(3) (form)
SB564,35,88
WARNING TO STUDENT ATHLETE
SB564,35,99
IF YOU SIGN THIS CONTRACT:
SB564,35,1110
1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT
11ATHLETE IN YOUR SPORT;
SB564,35,1612
2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER
13ENTERING INTO THIS
CONTRACTOR CONTRACT OR BEFORE THE NEXT
14SCHEDULED ATHLETIC EVENT IN WHICH YOU MAY PARTICIPATE,
15WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT
16MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
SB564,36,3
13) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER
2SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE
3YOUR ELIGIBILITY.
Note: Inserts correct term.
SB564, s. 115
4Section
115. 703.165 (2) of the statutes, as affected by 2003 Wisconsin Act ....
5(Assembly Bill 254), is amended to read:
SB564,36,176
703.165
(2) Liability for assessments. A unit owner shall be liable for all
7assessments, or
instalments installments thereof, coming due while owning a unit,
8including any assessments coming due during the pendency of any claim by the unit
9owner against the association or during any period in which the unit is not occupied
10by the unit owner or is leased or rented to any other person. In a voluntary grant,
11the grantee shall be jointly and severally liable with the grantor for all unpaid
12assessments against the grantor for his or her share of the common expenses up to
13the time of the voluntary grant for which a statement of condominium lien is
14recorded, without prejudice to the rights of the grantee to recover from the grantor
15the amounts paid by the grantee for such assessments. Liability for assessments may
16not be avoided by waiver of the use or enjoyment of any common element or by
17abandonment 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.
SB564, s. 116
18Section
116. 703.19 (8) of the statutes, as affected by 2003 Wisconsin Act ....
19(Assembly Bill 254), is amended to read:
SB564,37,320
703.19
(8) Preservation of the right of appeal. The owner of each unit taken
21may appeal the necessity of
the taking and the condemnation award made for the
22taking. A unit owner may appeal the necessity of
the taking, and the condemnation
23award made for the taking, of the owner's interest in the common elements. The unit
1owners having an interest in the ownership of limited common elements may
2individually or as a group appeal the necessity of
the taking or the condemnation
3award made for the taking of the limited common elements.
Note: Inserts missing articles.
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), 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), 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. 757.05 (1) (d) reads:
(d) If any deposit of bail is made for a noncriminal offense to which this subsection
applies, the person making the deposit shall also deposit a sufficient amount to include
the surcharge under this subsection for forfeited bail. If bail is forfeited, the amount of
the surcharge shall be transmitted monthly to the secretary of administration under this
subsection. If bail is returned, the surcharge shall also be returned.
Note: There is no conflict of substance. As merged by the revisor s. 757.05 (2) (a)
reads:
(a) Law enforcement training fund. Forty-eight percent of all moneys collected
from penalty surcharges under sub. (1) shall be credited to the appropriation account
under s. 20.455 (2) (i) and utilized in accordance with ss. 20.455 (2) and 165.85 (5). The
moneys credited to the appropriation account under s. 20.455 (2) (i), except for the moneys
transferred to s. 20.455 (2) (jb), constitute the law enforcement training fund.
SB564,38,7
1767.23
(1n) (b) 2. If the court or circuit court commissioner finds by a
2preponderance of the evidence that a party has engaged in a pattern or serious
3incident of interspousal battery, as described under s. 940.19 or 940.20 (1m), or
4domestic abuse, as defined in s. 813.12 (1) (am), and makes a temporary order
5awarding joint or sole legal custody or periods of physical placement to the party, the
6court or circuit court commissioner shall comply with the requirements of s. 767.24
7(6) (f) and, if appropriate,
s. 767.24 (6) (g).
Note: Corrects citation form.
Note: There is no conflict of substance. As merged by the revisor, s. 786.36 (1)
(intro.) reads:
(1) (intro.) Except as provided in sub. (3) or s. 301.47, any resident of this state, whether
a minor or adult, upon petition to the circuit court of the county where he or she resides
and upon filing a copy of the notice required under s. 786.37 (1), with proof of publication,
may, if no sufficient cause is shown to the contrary, have his or her name changed or
established by order of the court. Subject to sub. (1m), if the person whose name is to be
changed is a minor under the age of 14 years, the petition may be made by whichever of
the following is applicable:
SB564,38,1912
786.36
(1m) (a) 2. If the nonpetitioning parent cannot be found or provided with
13notice, the name of a minor under 14 years
or of age who has 2 living parents may
14be changed on the petition of one parent if, in addition to meeting the filing
15requirements under subd. 1., the petitioning parent has made a reasonable attempt
16to find and provide notice to the nonpetitioning parent, but with reasonable diligence
17the nonpetitioning parent cannot be found or provided with notice, and the
18nonpetitioning parent does not appear at the hearing or otherwise answer the
19petition.
Note: Inserts correct word.
Note: There is no conflict of substance. As merged by the revisor, s. 814.85 (1) (a),
as renumbered from s. 814.634 (1) (a) by
2003 Wis. Act 1239, reads:
(a) Except for an action 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 safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and
collect a $68 court support services surcharge from any person, including any
governmental, unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3),
or (8) (am) or 814.63 (1).
Note: There is no conflict of substance. As merged by the revisor, s. 814.85 (1) (b),
as renumbered from s. 814.634 (1) (b) by
2003 Wis. Act 139, reads:
(b) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a
$169 court support services surcharge from any person, including any governmental unit,
as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2),
if the party paying the fee seeks the recovery of money and the amount claimed exceeds
the amount under s. 799.01 (1) (d).
Note: There is no conflict of substance. As merged by the revisor, s. 814.85 (1) (c),
as renumbered from s. 814.634 (1) (c) by
2003 Wis. Act 139, reads:
(c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $51
court support services surcharge from any person, including any governmental unit, as
defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or (b), or paying a fee under
s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying the fee seeks the recovery of
money and the amount claimed is equal to or less than the amount under s. 799.01 (1) (d).
SB564,40,59
814.86
(1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
10(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
11had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
12violation, or for a safety belt use violation under s. 347.48 (2m), the clerk of circuit
1court shall charge and collect a $9 justice information system surcharge from any
2person, including any governmental unit, as defined in s. 108.02 (17), paying a fee
3under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1).
4The justice information system surcharge is in addition to the surcharge listed in
this
5section sub. (1m).
Note: Makes reference more specific and provides consistency between s. 814.86
(1) and (1m).
Note: There is no conflict of substance. As merged by the revisor, s. 814.86 (1m),
as renumbered from s. 814.635 (1m) by
2003 Wis. Act 139, reads:
(1m) Beginning on October 1, 1995, whenever the clerk of circuit court for
Milwaukee County charges and collects a surcharge under sub. (1), he or she shall also
charge and collect a $3.50 special prosecution clerks surcharge. The special prosecution
clerks surcharge is in addition to the surcharge listed in sub. (1).
SB564, s. 128
8Section
128. 881.01 (1) (b) of the statutes, as affected by 2003 Wisconsin Act
9.... (Senate Bill 492), is amended to read:
SB564,40,1110
881.01
(1) (b) "Fiduciary" means
a personal representative, trustee,
11conservator, or guardian of the estate.
Note: Inserts missing article.
SB564, s. 129
12Section
129. 938.299 (6) (c) of the statutes is amended to read:
SB564,40,1613
938.299
(6) (c) The court having jurisdiction over actions affecting the family
14shall give priority under
s. 767.475 (7m) to an action brought under s. 767.45
15whenever the petition filed under s. 767.45 indicates that the matter was referred
16by the court under par. (a).
Note: Inserts missing "s."
SB564, s. 130
17Section
130. 939.74 (2) (c) of the statutes, as affected by 2003 Wisconsin Act
18.... (Senate Bill 207), is amended to read:
SB564,41,4
1939.74
(2) (c) A prosecution for violation of s. 948.02, 948.025, 948.03 (2) (a),
2948.05, 948.06, 948.07 (1), (2), (3), or (4),
948.075, 948.08, or 948.095 shall be
3commenced before the victim reaches the age of 45 years or be barred, except as
4provided in sub. (2d) (c).
Note: 2003 Wis. Act (SB 207) deleted the underscored text without showing it as
stricken. No change was intended.
SB564,41,117
949.08
(2) (em) Is an adult passenger in the offender's commercial motor
8vehicle, the crime involved is specified in s. 346.63 (6) or 940.25, and the passenger
9knew the offender was
0.08 committing that offense. This paragraph does not apply
10if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31, or
11948.30.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04,
s. 973.055 (2) (a) reads:
(a) If the surcharge is imposed by a court of record, after the court determines the
amount due, the clerk of the court shall collect and transmit the amount to the county
treasurer as provided in 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. 973.055 (2) (b) reads:
(b) If the surcharge is imposed by a municipal court, after a determination by the
court of the amount due, the court shall collect and transmit the amount to the treasurer
of the county, city, town, or village, and that treasurer shall make payment to the
secretary of administration as provided in s. 66.0114 (1) (bm).
SB564, s. 134
16Section
134. 974.02 (1) of the statutes is amended to read:
SB564,42,9
1974.02
(1) A motion for postconviction relief other than under s. 974.06 or
2974.07 (2) by the defendant in a criminal case shall be made in the time and manner
3provided in
ss. s. 809.30
and 809.40. An appeal by the defendant in a criminal case
4from a judgment of conviction or from an order denying a postconviction motion or
5from both shall be taken in the time and manner provided in ss. 808.04 (3)
, and 6809.30
and 809.40. An appeal of an order or judgment on habeas corpus remanding
7to custody a prisoner committed for trial under s. 970.03 shall be taken under ss.
8808.03 (2) and 809.50, with notice to the attorney general and the district attorney
9and opportunity for them to be heard.
Note: Corrects cross-references. Prior to the adoption of Sup. Ct. Order No. 02-01,
appeals of misdemeanors were made under s. 809.40 (1) and of felonies under s. 809.30.
Sup. Ct. Order No. 02-01 repealed s. 809.40 (1) and amended s. 809.30 to apply to all
criminal cases but did not treat cross-references to s. 809.40.
SB564, s. 135
10Section
135. 2003 Wisconsin Act 97, section
77 is amended by replacing
11"939.75 (2) (b) of the statutes is amended to read:" with "939.75 (2) (b) (intro.) of the
12statutes is amended to read:".
SB564, s. 136
13Section
136. 2003 Wisconsin Act 97, section
78 is amended by replacing
14"939.75 (3) (intro) of the statutes is amended to read:" with "939.75 (3) of the statutes
15is amended to read:".