SB564: Bill Text

(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 The treatment of 165.755 (7) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139.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 The treatment of 167.31 (5) (c) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139.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 The treatment of 169.46 (1) (c) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 139.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.

SB564, s. 94 Section 94. 299.83 (4m) (f) of the statutes, as created by 2003 Wisconsin Act .... (Senate Bill 61), is amended to read:

SB564,30,12 299.83 (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.

SB564, s. 95 Section 95. 299.85 (1) (c) 1. of the statutes, as created by 2003 Wisconsin Act .... (Senate Bill 61), is amended to read:

SB564,30,17 299.85 (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.

SB564, s. 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.

SB564, s. 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.

SB564, s. 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).

SB564, s. 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.

SB564, s. 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.

SB564, s. 101 Section 101. 343.12 (6) (a) of the statutes, as created by 2003 Wisconsin Act .... (Senate Bill 350), is amended to read:

SB564,32,13 343.12 (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.

SB564, s. 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.

SB564, s. 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).

SB564, s. 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.

SB564, s. 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: