SB564: Bill Text

Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 100.261 (2) reads:

(2) If any deposit is made for a violation to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the consumer protection surcharge under this section. If the deposit is forfeited, the amount of the consumer protection surcharge shall be transmitted to the secretary of administration under sub. (3). If the deposit is returned, the consumer protection surcharge shall also be returned.

SB564, s. 65 Section 65. The treatment of 100.261 (3) (a) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139.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. 100.261 (3) (a) reads:

(a) The clerk of court shall collect and transmit the consumer protection surcharges imposed under ch. 814 to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.

SB564, s. 66 Section 66. The treatment of 100.261 (3) (b) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139.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. 100.261 (3) (b) reads:

(b) The secretary of administration shall deposit the consumer protection surcharges imposed under ch. 814 in the general fund and shall credit them to the appropriation account under s. 20.115 (1) (jb), subject to the limit under par. (c).

SB564, s. 67 Section 67. The treatment of 102.85 (4) (c) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139.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. 102.85 (4) (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 uninsured employer surcharge under this section. If the deposit is forfeited, the amount of the uninsured employer surcharge shall be transmitted to the secretary of administration under par. (d). If the deposit is returned, the uninsured employer surcharge shall also be returned.

SB564, s. 68 Section 68. The treatment of 102.85 (4) (d) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139.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. 102.85 (4) (d) reads:

(d) The clerk of the court shall collect and transmit to the county treasurer the uninsured employer 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 uninsured employer surcharge, together with any interest thereon, in the uninsured employers fund as provided in s. 102.80 (1).

SB564, s. 69 Section 69. 126.60 (title) of the statutes is amended to read:

SB564,23,5 126.60 (title) Contribution Contributing vegetable contractors; fund assessments.

Note: Corrects error in transcribing 2001 Wis. Act 16.

SB564, s. 70 Section 70. 134.66 (1) (h) of the statutes is amended to read:

SB564,23,7 134.66 (1) (h) "School" has the meaning given in s. 118.257 (1) (c) (d).

Note: Corrects cross-reference. The definition of "school" is at s. 118.257 (1) (d).

SB564, s. 71 Section 71. 145.245 (7) (b) of the statutes, as affected by 2003 Wisconsin Act 169, is amended to read:

SB564,23,14 145.245 (7) (b) Except as provided in par. (e), costs allowable in determining grant funding under this section may not exceed the costs of rehabilitating or replacing a private sewage system by the least costly method methods, except that a holding tank may not be used as the measure of the least costly method for rehabilitating or replacing a private sewage system other than a holding tank.

Note: The letter "s" was dropped by 2003 Wis. Act 169 without strikes or underscores. No change was intended.

SB564, s. 72 Section 72. The treatment of 165.755 (1) (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. 165.755 (1) (a) reads:

(a) Except as provided in par. (b), a court shall impose under ch. 814 a crime laboratories and drug law enforcement surcharge of $7 if the court imposes a sentence, places a person on probation, or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.

SB564, s. 73 Section 73. The treatment of 165.755 (1) (b) 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. 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), or (br) 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).

SB564, s. 74 Section 74. The treatment of 165.755 (5) 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. 165.755 (5) reads:

(5) If any deposit of bail is made for a noncriminal offense to which sub. (1) (a) applies, the person making the deposit shall also deposit a sufficient amount to include the surcharge under sub. (1) (a) for forfeited bail. If bail is forfeited, the amount of the surcharge under sub. (1) (a) shall be transmitted monthly to the secretary of administration under this section. If bail is returned, the surcharge shall also be returned.

SB564, s. 75 Section 75. The treatment of 165.755 (6) 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. 165.755 (6) reads:

(6) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime laboratories and drug law enforcement surcharge under sub. (1) (a), the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.

SB564, s. 76 Section 76. The treatment of 165.755 (7) 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. 165.755 (7) reads:

(7) All moneys collected from crime laboratories and drug law enforcement surcharges under this section shall be deposited by the secretary of administration and used as specified in s. 20.455 (2) (kd) and (Lm).

SB564, s. 77 Section 77. The treatment of 167.31 (5) (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. 167.31 (5) (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 weapons surcharge under this subsection. If the deposit is forfeited, the amount of the weapons surcharge shall be transmitted to the secretary of administration under par. (d). If the deposit is returned, the amount of the weapons surcharge shall also be returned.

SB564, s. 78 Section 78. 167.31 (5) (d) of the statutes, as affected by 2003 Wisconsin Acts 33 and 139, is amended to read:

SB564,25,10 167.31 (5) (d) The clerk of the circuit court shall collect and transmit to the county treasurer the weapons surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer 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 conservation fund to be appropriated under s. 20.370 (3) (mu).

Note: 2003 Wis. Act 33 changed "state treasurer" to "secretary of administration" in the second sentence, but not in the first.

SB564, s. 79 Section 79. The treatment of 169.46 (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. 169.46 (1) (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 natural resources surcharge under this subsection. 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.

SB564, s. 80 Section 80. The treatment of 169.46 (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. 169.46 (1) (d) reads:

(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 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.

SB564, s. 81 Section 81. The treatment of 169.46 (2) (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. 169.46 (2) (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 natural resources restitution surcharge under this subsection. 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.

SB564, s. 82 Section 82. The treatment of 169.46 (2) (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. 169.46 (2) (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.

SB564, s. 83 Section 83. 186.45 (3) (intro.) of the statutes, as created by 2003 Wisconsin Act 63, is amended to read:

SB564,26,8 186.45 (3) Requirements. (intro.) A non-Wisconsin credit union that opens an office and conducts business as a credit union in this state shall do all of the following:

Note: Inserts missing word.

SB564, s. 84 Section 84. 196.027 (1) (d) 1. of the statutes, as created by 2003 Wisconsin Act 152, is amended to read:

SB564,26,13 196.027 (1) (d) 1. The construction, installation, or otherwise putting into place of environmental control equipment in connection with an energy utility plant that, before March 30, 2004, has been used to provide service to customers.

Note: Inserts missing word.

SB564, s. 85 Section 85. 218.0116 (1) (v) of the statutes, as created by 2003 Wisconsin Act 77, is amended to read:

SB564,27,13 218.0116 (1) (v) Being a manufacturer, importer, or distributor who fails or refuses to offer for sale to its same line make franchised dealers all models manufactured or distributed for the line make. The offer for sale may be subject to the manufacturer's, importer's, or distributor's plan or system for the allocation, scheduling, and delivery of such models that complies with the requirements of s. 218.0123. However, the failure to deliver any such motor vehicle shall not be considered a violation of this paragraph if the failure is due to a lack of manufacturing capacity, a strike or labor difficulty, a shortage or of materials, a freight embargo, or other cause beyond the control of the manufacture, importer, or distributor. This paragraph does not prohibit reasonable requirements being imposed on dealers for the sale, marketing, or servicing of particular models.

Note: Inserts correct word.

SB564, s. 86 Section 86. 222.0403 (4) (a) of the statutes, as created by 2003 Wisconsin Act 63, is amended to read:

SB564,27,17 222.0403 (4) (a) Definition. In this subsection, "local governmental unit" has the meaning given in s. 22.01 16.97 (7).

Note: Corrects cross-reference. Section 22.01 (7) was renumbered to s. 16.97 (7) by 2003 Wis. Act 33.

SB564, s. 87 Section 87. 222.0403 (8) (a) of the statutes, as created by 2003 Wisconsin Act 63, is amended to read:

SB564,27,23 222.0403 (8) (a) Liabilities secured by certain short-term federal obligations. A liability that is secured by not less than a like amount of direct obligations of the United States which that will mature not more than 18 months after the date on which such liabilities to the universal bank are entered into.

Note: Corrects grammar.

SB564, s. 88 Section 88. 230.08 (2) (c) of the statutes is amended to read:

SB564,28,11 230.08 (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).

SB564, s. 89 Section 89. 251.12 (1) of the statutes, as affected by 2003 Wisconsin Act 158, is amended to read:

SB564,28,15 251.12 (1) A city health department that is established as specified in s. 251.02 (1) and (2) (a),.

Note: Deletes incorrect comma.

SB564, s. 90 Section 90. 285.60 (9) of the statutes, as created by 2003 Wisconsin Act 118, is amended to read:

SB564,29,7 285.60 (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.

SB564, s. 91 Section 91. 299.83 (1) (c) of the statutes, as created by 2003 Wisconsin Act .... (Senate Bill 61), is amended to read:

SB564,29,13 299.83 (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.

SB564, s. 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:

SB564,29,18 299.83 (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.

SB564, s. 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:

SB564,30,3 299.83 (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.