SB564: Bill Text

SB564, s. 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 The treatment of 350.115 (1) (d) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139.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.

SB564, s. 114 Section 114. 440.994 (3) (form) of the statutes, as created by 2003 Wisconsin Act 150, is amended to read:

SB564,35,7 440.994 (3) (form)

SB564,35,8 WARNING TO STUDENT ATHLETE

SB564,35,9 IF YOU SIGN THIS CONTRACT:

SB564,35,11 1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;

SB564,35,16 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

SB564,36,3 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.

SB564, s. 115 Section 115. 703.165 (2) of the statutes, as affected by 2003 Wisconsin Act .... (Assembly Bill 254), is amended to read:

SB564,36,17 703.165 (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.

SB564, s. 116 Section 116. 703.19 (8) of the statutes, as affected by 2003 Wisconsin Act .... (Assembly Bill 254), is amended to read:

SB564,37,3 703.19 (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.

Note: Inserts missing articles.

SB564, s. 117 Section 117. The treatment of 757.05 (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. 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.

SB564, s. 118 Section 118. The treatment of 757.05 (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. 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.

SB564, s. 119 Section 119. The treatment of 757.05 (2) (a) 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 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, s. 120 Section 120. 767.23 (1n) (b) 2. of the statutes, as created by 2003 Wisconsin Act 130, is amended to read:

SB564,38,7 767.23 (1n) (b) 2. If the court or circuit court commissioner finds by a preponderance of the evidence that a party has engaged in a pattern or serious incident of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), and makes a temporary order awarding joint or sole legal custody or periods of physical placement to the party, the court or circuit court commissioner shall comply with the requirements of s. 767.24 (6) (f) and, if appropriate, s. 767.24 (6) (g).

Note: Corrects citation form.

SB564, s. 121 Section 121. The treatment of 786.36 (1) (intro.) of the statutes by 2003 Wisconsin Act 52 is not repealed by 2003 Wisconsin Act 65. Both treatments stand.

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, s. 122 Section 122. 786.36 (1m) (a) 2. of the statutes, as created by 2003 Wisconsin Act 65, is amended to read:

SB564,38,19 786.36 (1m) (a) 2. If the nonpetitioning parent cannot be found or provided with notice, the name of a minor under 14 years or of age who has 2 living parents may be changed on the petition of one parent if, in addition to meeting the filing requirements under subd. 1., the petitioning parent has made a reasonable attempt to find and provide notice to the nonpetitioning parent, but with reasonable diligence the nonpetitioning parent cannot be found or provided with notice, and the nonpetitioning parent does not appear at the hearing or otherwise answer the petition.

Note: Inserts correct word.

SB564, s. 123 Section 123. The treatment of 814.634 (1) (a) of the statutes by 2003 Wisconsin Acts 30 and 33 is not repealed by 2003 Wisconsin Act 139. All treatments stand.

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).

SB564, s. 124 Section 124. The treatment of 814.634 (1) (b) 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, 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).

SB564, s. 125 Section 125. The treatment of 814.634 (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, 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, s. 126 Section 126. The treatment of 814.86 (1) of the statutes, as affected by 2003 Wisconsin Acts 30 and 139, is amended to read:

SB564,40,5 814.86 (1) 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 $9 justice information system 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), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in this section sub. (1m).

Note: Makes reference more specific and provides consistency between s. 814.86 (1) and (1m).

SB564, s. 127 Section 127. The treatment of 814.635 (1m) 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, 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 Section 128. 881.01 (1) (b) of the statutes, as affected by 2003 Wisconsin Act .... (Senate Bill 492), is amended to read:

SB564,40,11 881.01 (1) (b) "Fiduciary" means a personal representative, trustee, conservator, or guardian of the estate.

Note: Inserts missing article.

SB564, s. 129 Section 129. 938.299 (6) (c) of the statutes is amended to read:

SB564,40,16 938.299 (6) (c) The court having jurisdiction over actions affecting the family shall give priority under s. 767.475 (7m) to an action brought under s. 767.45 whenever the petition filed under s. 767.45 indicates that the matter was referred by the court under par. (a).

Note: Inserts missing "s."

SB564, s. 130 Section 130. 939.74 (2) (c) of the statutes, as affected by 2003 Wisconsin Act .... (Senate Bill 207), is amended to read:

SB564,41,4 939.74 (2) (c) A prosecution for violation of s. 948.02, 948.025, 948.03 (2) (a), 948.05, 948.06, 948.07 (1), (2), (3), or (4), 948.075, 948.08, or 948.095 shall be commenced before the victim reaches the age of 45 years or be barred, except as provided in sub. (2d) (c).

Note: 2003 Wis. Act (SB 207) deleted the underscored text without showing it as stricken. No change was intended.

SB564, s. 131 Section 131. 949.08 (2) (em) of the statutes, as affected by 2003 Wisconsin Acts 30 and 97, is amended to read:

SB564,41,11 949.08 (2) (em) Is an adult passenger in the offender's commercial motor vehicle, the crime involved is specified in s. 346.63 (6) or 940.25, and the passenger knew the offender was 0.08 committing that offense. This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31, or 948.30.

Note: The stricken language was inserted by 2003 Wis. Act 30 but rendered superfluous by 2003 Wis. Act 97.

SB564, s. 132 Section 132. The treatment of 973.055 (2) (a) 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. 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.

SB564, s. 133 Section 133. The treatment of 973.055 (2) (b) 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. 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 Section 134. 974.02 (1) of the statutes is amended to read:

SB564,42,9 974.02 (1) A motion for postconviction relief other than under s. 974.06 or 974.07 (2) by the defendant in a criminal case shall be made in the time and manner provided in ss. s. 809.30 and 809.40. An appeal by the defendant in a criminal case from a judgment of conviction or from an order denying a postconviction motion or from both shall be taken in the time and manner provided in ss. 808.04 (3), and 809.30 and 809.40. An appeal of an order or judgment on habeas corpus remanding to custody a prisoner committed for trial under s. 970.03 shall be taken under ss. 808.03 (2) and 809.50, with notice to the attorney general and the district attorney and 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 Section 135. 2003 Wisconsin Act 97, section 77 is amended by replacing "939.75 (2) (b) of the statutes is amended to read:" with "939.75 (2) (b) (intro.) of the statutes is amended to read:".

Note: Only s. 939.75 (2) (b) (intro.) was affected by 2003 Wis Act 97.

SB564, s. 136 Section 136. 2003 Wisconsin Act 97, section 78 is amended by replacing "939.75 (3) (intro) of the statutes is amended to read:" with "939.75 (3) of the statutes is amended to read:".

Note: Section 939.75 (3) is not subdivided.

SB564, s. 137 Section 137. 2003 Wisconsin Act 118, section 16 is amended by replacing "bridges, arches, or culverts" with "bridges, arches, or culverts".

Note: The comma following "bridges" was preexisting.

SB564, s. 138 Section 138. 2003 Wisconsin Act 118, section 55 is amended by replacing "30.12 (1m) (c) (intro.)" with "30.12 (1m) (intro.)" in 2 places.

Note: Section 55 of 2003 Wis. Act 118 states " 30.12 (4m) of the statutes is renumbered 30.12 (1m), and 30.12 (1m) (c) (intro.), as renumbered, is amended," but the renumbering does not result in there being a 30.12 (1m) (c) (intro.), and the text shown is that of the former 30.12 (4m) (intro.), which after renumbering 30.12 (4m) to 30.12 (1m) is 30.12 (1m) (intro.).

SB564, s. 139 Section 139. 2003 Wisconsin Act 135, section 6 is amended by replacing "s. 71.28 (1), (3), (4), and (5)" with "s. 71.28 (1), (3), (4), and (5)".

Note: The underscored "and" was preexisting text.

SB564, s. 140 Section 140. 2003 Wisconsin Act .... (Assembly Bill 323), section 30 is amended by replacing "March 31 and before the expiration date" with "March 31 before the expiration date and".

Note: The stricken "and" was shown in the wrong location.

SB564, s. 141 Section 141. 2003 Wisconsin Act 129, section 2 is amended by replacing "20.866 (2) (z) (intro.) of the statutes is amended to read:" with "20.866 (2) (z) (intro.) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:".

Note: The text of s. 20.866 (2) (z) (intro.) cited in the treatment by 2003 Wisconsin Act 129, section 2, was shown as affected by 2003 Wisconsin Act 33.

SB564, s. 142 Section 142. 2003 Wisconsin Act .... (Senate Bill 380), section 4 is amended by replacing "of foreign corporations and debt of foreign governments" with "of foreign corporations and debt of foreign governments,".

Note: A comma was deleted without being shown as stricken. The change was intended.

SB564, s. 143 Section 143. 2003 Wisconsin Act .... (Senate Bill 218), section 25m is amended by replacing "180.1302 (1) of the statutes is amended to read:" with "180.1302 (1) (intro.) of the statutes is amended to read:".

Note: 2003 Wis. Act (SB 218), section 25m affects only the (intro.) provision of s. 180.1302 (1).