Note: Corrects cross-reference, consistent with s. 85.21 (3m) (dm), as created by
2003 Wis. Act 297.
SB566, s. 27
1Section
27. The treatment of 101.563 (2) (b) 1. of the statutes by
2003
2Wisconsin Act 33 is not repealed by 2003 Wisconsin Act .... (Senate Bill 558). Both
3treatments stand.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04,
s. 101.563 (2) (b) 1. reads:
1. `Payments from calendar year 2001 dues.' Notwithstanding s. 101.573 (3) (a),
by the 30th day following July 30, 2002, the department shall compile the fire department
dues paid by all insurers under s. 601.93 and the dues paid by the state fire fund under
s. 101.573 (1) and funds remaining under s. 101.573 (3) (b), subtract the total amount due
to be paid under par. (a), withhold 0.5%, and certify to the secretary of administration the
proper amount to be paid from the appropriation under s. 20.143 (3) (L) to each city,
village, and town entitled to a proportionate share of fire department dues as provided
under sub. (1) (b) and s. 101.575. If the department has previously certified an amount
to the secretary of administration under s. 101.573 (3) (a) during calendar year 2002, the
department shall recertify the amount in the manner provided under this subdivision.
On or before August 1, 2002, the secretary of administration shall pay the amounts
certified or recertified by the department under this subdivision to each city, village, and
town entitled to a proportionate share of fire department dues as provided under sub. (1)
and s. 101.575. The secretary of administration may combine any payment due under
this subdivision with any amount due to be paid on or before August 1, 2002, to the same
city, village, or town under par. (a).
SB566, s. 28
4Section
28. The treatment of 101.563 (2) (b) 3. of the statutes by
2003
5Wisconsin Act 33 is not repealed by 2003 Wisconsin Act .... (Senate Bill 558). Both
6treatments stand.
Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04,
s. 101.563 (2) (b) 3. reads:
3. `Payments to correct errors.' The amounts withheld under subds. 1. and 2. shall
be disbursed to correct errors of the department or the commissioner of insurance. The
department shall certify to the secretary of administration the amount that must be
disbursed to correct an error and the secretary of administration shall pay the amount
to the specified city, village, or town. The balance of the amount withheld in a calendar
year under subd. 1. or 2., as applicable, that is not disbursed under this subdivision shall
be included in the total compiled by the department under subd. 2. for the next calendar
year, except that amounts withheld under subd. 2. from fire department dues collected
for calendar year 2004 that are not disbursed under this subdivision shall be included in
the total compiled by the department under s. 101.573 (3) (a) for the next calendar year.
If errors in payments exceed the amount withheld, adjustments shall be made in the
distribution for the next year.
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), (br), or (bv)
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).
SB566,12,103
196.204
(5) (ar) 2. For purposes of subd. 1., the total service long-run
4incremental cost of a local government telecommunications utility shall take into
5account, by imputation or allocation, equivalent charges for all taxes, pole rentals,
6rights-of-way, licenses, and similar costs that are incurred by nongovernmental
7telecommunications utilities. This subdivision does not apply to a local government
8telecommunications utility that is subject to the exemption under s. 66.0422
(3m) 9(3n). This subdivision also does not apply to a telecommunications service, relevant
10group of services, or basic network function if all of the following conditions apply:
Note: Inserts the correct cross-reference. Separate adopted amendments to 2003
Senate Bill 272, which was enacted as
2003 Wis. Act 278, created different provisions
numbered s. 66.0422 (3m). In enrolling the amendments, s. 66.0422 (3m), created in
Assembly Amendment 7, was renumbered s. 66.0422 (3n), but the cross-reference to s.
66.0422 (3m) inserted by Assembly Amendment 7 in s. 196.204 (5) (ar) 2. was not changed
accordingly.
Note: There is no conflict of substance. As merged by the revisor, effective 11-1-04,
s. 218.0114 (1) reads:
(1) No motor vehicle dealer, motor vehicle wholesaler, motor vehicle salesperson,
motor vehicle buyer, or sales finance company may engage in business as a motor vehicle
dealer, motor vehicle wholesaler, motor vehicle salesperson, motor vehicle buyer, or sales
finance company in this state without a license therefor as provided in ss. 218.0101 to
218.0163. If any motor vehicle dealer acts as a motor vehicle salesperson, he or she shall
secure a motor vehicle salesperson's license in addition to a motor vehicle dealer license.
Every motor vehicle dealer shall be responsible for the licensing of every motor vehicle
salesperson or motor vehicle buyer in his or her employ. Any person violating this
subsection may be required to forfeit not less than $500 nor more than $5,000.
SB566,13,85
299.83
(6) (a) 1. Describe the involvement of interested persons in developing
6the proposal for maintaining and improving the applicant's superior environmental
7performance, identify the interested persons, and describe the interests that those
8person persons have in the applicant's participation in the program.
Note: Corrects spelling.
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), (br), or (bv) 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.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2003 Wis. Act
192 also created a provision numbered s. 341.05 (27).
Note: There is no conflict of substance. As merged by the revisor, effective 9-30-05,
s. 343.12 (2) (intro.), reads:
(2) (intro.) Except as provided in sub. (2m), the department shall issue or, except
as provided in par. (h), renew a school bus endorsement to a person only if such person
meets all of the following requirements:
Note: There is no conflict of substance. As merged by the revisor, effective 9-30-05,
s. 343.12 (4) (b) reads:
(b) The department shall, by rule, establish standards for the employment by an
employer of a person under par. (a) as an operator of a school bus in this state. The rules
may require the person to meet the qualifications contained in sub. (2), (2m), or (3) and
any rules of the department applicable to residents, except that the rules shall require
the person to meet the qualifications contained in sub. (2) (dm) and (em). The rules shall
also require the employer to perform the actions specified in s. 121.555 (3) (a) 1. and 3.
SB566,14,75
346.495
(1) (b) If a court imposes a forfeiture under s. 346.49 (2r) with respect
6to a violation of s. 346.44 or 346.45, the court shall also impose a railroad crossing
7improvement
assessment surcharge equal to 50% of the amount of the forfeiture.
Note: Section 346.923 was created with only one subsection.
SB566,14,1412
346.95
(4) Any person violating s. 346.923
(1) or (2), 346.925, or 346.94 (8) or
13(8m) may be required to forfeit not more than $20 for the first offense and not more
14than $50 for each subsequent offense.
Note: 2003 Wis. Act 297 created s. 346.923 with only one subsection, sub. (1), which
is renumbered to s. 346.923 by the previous section of this bill.
SB566,15,3
1440.05 Standard fees. (intro.) The following standard fees apply to all initial
2credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 444.03, 444.11,
3447.04 (2) (c) 2., 449.17, and 449.18
,:
SB566, s. 42
4Section
42. The treatment of 440.05 (intro.) of the statutes by
2003 Wisconsin
5Act 150 is not repealed by 2003 Wisconsin Act .... (this act). Both treatments stand.
Note: There is no conflict of substance. As merged by the revisor, effective 10-1-04,
s. 440.05 (intro.) reads:
440.05 Standard fees. (intro.) The following standard fees apply to all initial
credentials, except as provided in ss. 440.42, 440.43, 440.44, 440.51, 440.9935, 444.03,
444.11, 447.04 (2) (c) 2., 449.17, and 449.18:
SB566,15,108
440.08
(2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04,
9444.03, 444.11, 448.065, 447.04 (2) (c) 2., 449.17, and 449.18,
, the renewal dates and
10renewal fees for credentials are as follows:
SB566,15,1913
440.23
(1) If the holder of a credential pays a fee required under s. 440.05 (1)
14or (6), 440.08, 444.03, or 444.11
, by check or debit or credit card and the check is not
15paid by the financial institution upon which the check is drawn or if the demand for
16payment under the debit or credit card transaction is not paid by the financial
17institution upon which demand is made, the department may cancel the credential
18on or after the 60th day after the department receives the notice from the financial
19institution, subject to sub. (2).
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), (br), or (bv) 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. 814.61 (7) (b) reads:
(b) Upon the filing of any petition, motion, or order to show cause by either party
under s. 767.325 or 767.327, $50. No fee may be collected under this paragraph for filing
a petition, motion, or order to show cause for the revision of a judgment or order for legal
custody or physical placement if both parties have stipulated to the revision of the
judgment or order. Of the fees received by the clerk under this paragraph, the county
treasurer shall pay 25% to the secretary of administration for deposit in the general fund,
retain 25% for the use of the county, and deposit 50% in a separate account to be used by
the county exclusively for the purposes specified in s. 767.11.
Note: There is no conflict of substance. As merged by the revisor, s. 814.63 (1) (c)
reads:
(c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a),
(am) 1., (ar), (bm), (br), or (bv) or (5), 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 safety belt use violation under s. 347.48 (2m).
SB566,17,3
1940.32
(3m) A prosecutor need not
need show that a victim received or will
2receive treatment from a mental health professional in order to prove that the victim
3suffered serious emotional distress under sub. (2) (c) or (2e) (c).
Note: Deletes unnecessary word.
SB566,17,66
943.21
(3) (am) (intro.) Whoever violates sub.
(1) (1m) (a), (b), or (c):
Note: Inserts correct cross-reference.
2003 Wis. Act 252 renumbered s. 943.21 (1)
to s. 943.21 (1m).
SB566,17,109
943.21
(3) (bm) Whoever violates sub.
(1) (1m) (d) is subject to a Class D
10forfeiture.
Note: Inserts correct cross-reference.
2003 Wis. Act 252 renumbered s. 943.21 (1)
to s. 943.21 (1m).
SB566,17,1413
943.21
(3m) (a) 2. "Repeat offense" means a violation of sub.
(1) (1m) (d) that
14occurs after a person has been found by a court to have violated sub.
(1) (1m) (d).
Note: Inserts correct cross-reference.
2003 Wis. Act 252 renumbered s. 943.21 (1)
to s. 943.21 (1m).
SB566,18,217
943.21
(3m) (c)
Driver's license suspension; 3rd offense. Subject to par. (d), if
18a person violates sub.
(1) (1m) (d) after having been found by a court to have
19committed an offense that constitutes a repeat offense, the court, in addition to
1imposing any penalty under sub. (3) (bm), shall suspend the person's operating
2privilege for not more than 6 months.
Note: Inserts correct cross-reference.
2003 Wis. Act 252 renumbered s. 943.21 (1)
to s. 943.21 (1m).
SB566,18,85
943.21
(3m) (d)
Driver's license suspension; 4th offense. If a person violates sub.
6(1) (1m) (d) after having his or her operating privilege suspended under par. (c), the
7court, in addition to imposing any penalty under sub. (3) (bm), shall suspend the
8person's operating privilege for one year.
Note: Inserts correct cross-reference.
2003 Wis. Act 252 renumbered s. 943.21 (1)
to s. 943.21 (1m).
SB566,18,1211
943.212
(4) (b) This subsection does not apply to an action based on acts that
12constitute a violation of s. 943.21
(1) (1m) (d).
Note: Inserts correct cross-reference.
2003 Wis. Act 252 renumbered s. 943.21 (1)
to s. 943.21 (1m).
SB566,19,215
961.41
(1m) (hm)
Certain other schedule I controlled substances and ketamine. 16(intro.) If the person violates this subsection with respect to gamma-hydroxybutyric
17acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine
, 184-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine,
19ketamine, or a controlled substance analog of gamma-hydroxybutyric acid,
20gamma-butyrolactone, 3,4-methylenedioxymethamphetamine
, 214-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is
1subject to the following penalties if the amount possessed, with intent to
2manufacture, distribute, or deliver is:
Note: Inserts commas between 2 separate substances as indicated by s. 961.14 (4)
(am), which states "3,4-methylenedioxymethamphetamine, commonly known as
"MDMA"" and s. 961.14 (4) (wg), which states
"4-bromo-2,5-dimethoxy-beta-phenylethylamine, commonly known as "2C-B" or
"Nexus"."
SB566, s. 56
3Section
56. 961.41 (2) (bm) of the statutes, as affected by 2003 Wisconsin Act
4.... (Senate Bill 562), is amended to read:
SB566,19,145
961.41
(2) (bm)
Counterfeit of phencyclidine and certain other drugs. If a person
6violates this subsection with respect to a counterfeit substance that is a counterfeit
7of phencyclidine, methamphetamine, lysergic acid diethylamide,
8gamma-hydroxybutyric acid, gamma-butyrolactone,
93,4-methylenedioxymethamphetamine
104-bromo-2,5-dimethoxy-beta-phenylethyl-amine,
114-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, or
12ketamine, the person is subject to the applicable fine and imprisonment for
13manufacture, distribution, delivery, or possession with intent to manufacture,
14distribute, or deliver, of the genuine controlled substance under sub. (1) or (1m).
Note: Inserts a comma between 2 separate substances as indicated by s. 961.14 (4)
(am), which states "3,4-methylenedioxymethamphetamine, commonly known as
"MDMA"" and s. 961.14 (4) (wg), which states
"4-bromo-2,5-dimethoxy-beta-phenylethylamine, commonly known as "2C-B" or
"Nexus"," and deletes hyphen to correct error in transcribing
2001 Wis. Act 16.