SB566: Bill Text

SB566, s. 28 Section 28. The treatment of 101.563 (2) (b) 3. of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act .... (Senate Bill 558). Both treatments 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.

SB566, s. 29 Section 29. The treatments of 165.755 (1) (b) of the statutes by 2003 Wisconsin Acts 30 and 139 are not repealed by 2003 Wisconsin Act 268. All 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), (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, s. 30 Section 30. 196.204 (5) (ar) 2. of the statutes, as created by 2003 Wisconsin Act 278, is amended to read:

SB566,12,10 196.204 (5) (ar) 2. For purposes of subd. 1., the total service long-run incremental cost of a local government telecommunications utility shall take into account, by imputation or allocation, equivalent charges for all taxes, pole rentals, rights-of-way, licenses, and similar costs that are incurred by nongovernmental telecommunications utilities. This subdivision does not apply to a local government telecommunications utility that is subject to the exemption under s. 66.0422 (3m) (3n). This subdivision also does not apply to a telecommunications service, relevant group 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.

SB566, s. 31 Section 31. The treatment of 218.0114 (1) of the statutes by 2003 Wisconsin Act 215 is not repealed by 2003 Wisconsin Act 216. Both treatments stand.

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, s. 32 Section 32. 255.055 of the statutes, as created by 2003 Wisconsin Act 175, is renumbered 255.056.

Note: 2003 Wis. Act 176 also created a provision numbered s. 255.055.

SB566, s. 33 Section 33. 299.83 (6) (a) 1. of the statutes, as created by 2003 Wisconsin Act 276, is amended to read:

SB566,13,8 299.83 (6) (a) 1. Describe the involvement of interested persons in developing the proposal for maintaining and improving the applicant's superior environmental performance, identify the interested persons, and describe the interests that those person persons have in the applicant's participation in the program.

Note: Corrects spelling.

SB566, s. 34 Section 34. The treatments of 302.46 (1) (a) of the statutes by 2003 Wisconsin Acts 30 and 139 are not repealed by 2003 Wisconsin Act 268. All 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), (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.

SB566, s. 35 Section 35. 341.05 (27) of the statutes, as created by 2003 Wisconsin Act 237, is renumbered 341.05 (28).

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).

SB566, s. 36 Section 36. The treatment of 343.12 (2) (intro.) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 280. Both treatments stand.

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:

SB566, s. 37 Section 37. The treatment of 343.12 (4) (b) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 280. Both treatments stand.

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, s. 38 Section 38. 346.495 (1) (b) of the statutes, as created by 2003 Wisconsin Act 209, is amended to read:

SB566,14,7 346.495 (1) (b) If a court imposes a forfeiture under s. 346.49 (2r) with respect to a violation of s. 346.44 or 346.45, the court shall also impose a railroad crossing improvement assessment surcharge equal to 50% of the amount of the forfeiture.

Note: Inserts the correct term consistent with 2003 Wis. Act 139.

SB566, s. 39 Section 39. 346.923 (1) (intro.), (a), (f) and (h) of the statutes, as created by 2003 Wisconsin Act 297, are renumbered 346.923 (intro.), (1), (6) and (8).

Note: Section 346.923 was created with only one subsection.

SB566, s. 40 Section 40. 346.95 (4) of the statutes, as affected by 2003 Wisconsin Act 297, is amended to read:

SB566,14,14 346.95 (4) Any person violating s. 346.923 (1) or (2), 346.925, or 346.94 (8) or (8m) may be required to forfeit not more than $20 for the first offense and not more than $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, s. 41 Section 41. The treatment of 440.05 (intro.) of the statutes, as affected by 2003 Wisconsin Acts 270 and 285, is amended to read:

SB566,15,3 440.05 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, 444.03, 444.11, 447.04 (2) (c) 2., 449.17, and 449.18,:

Note: Deletes comma inserted by 2003 Wis. Act 285 but rendered unnecessary by 2003 Wis. Act 270.

SB566, s. 42 Section 42. The treatment of 440.05 (intro.) of the statutes by 2003 Wisconsin Act 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, s. 43 Section 43. The treatment of 440.08 (2) (a) (intro.) of the statutes, as affected by 2003 Wisconsin Acts 270 and 285, is amended to read:

SB566,15,10 440.08 (2) (a) (intro.) Except as provided in par. (b) and in ss. 440.51, 442.04, 444.03, 444.11, 448.065, 447.04 (2) (c) 2., 449.17, and 449.18,, the renewal dates and renewal fees for credentials are as follows:

Note: Deletes comma inserted by 2003 Wis. Act 285 but rendered unnecessary by 2003 Wis. Act 270.

SB566, s. 44 Section 44. 440.23 (1) of the statutes, as affected by 2003 Wisconsin Acts 270 and 285, is amended to read:

SB566,15,19 440.23 (1) If the holder of a credential pays a fee required under s. 440.05 (1) or (6), 440.08, 444.03, or 444.11, by check or debit or credit card and the check is not paid by the financial institution upon which the check is drawn or if the demand for payment under the debit or credit card transaction is not paid by the financial institution upon which demand is made, the department may cancel the credential on or after the 60th day after the department receives the notice from the financial institution, subject to sub. (2).

Note: Deletes comma inserted by 2003 Wis. Act 285 but rendered unnecessary by 2003 Wis. Act 270.

SB566, s. 45 Section 45. The treatments of 757.05 (1) (a) of the statutes by 2003 Wisconsin Acts 30 and 139 are not repealed by 2003 Wisconsin Act 268. All 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), (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.

SB566, s. 46 Section 46. The treatment of 814.61 (7) (b) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 165. Both treatments stand.

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.

SB566, s. 47 Section 47. The treatment of 814.63 (1) (c) of the statutes by 2003 Wisconsin Act 30 is not repealed by 2003 Wisconsin Act 268. Both treatments stand.

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, s. 48 Section 48. 940.32 (3m) of the statutes, as created by 2003 Wisconsin Act 222, is amended to read:

SB566,17,3 940.32 (3m) A prosecutor need not need show that a victim received or will receive treatment from a mental health professional in order to prove that the victim suffered serious emotional distress under sub. (2) (c) or (2e) (c).

Note: Deletes unnecessary word.

SB566, s. 49 Section 49. 943.21 (3) (am) (intro.) of the statutes, as affected by 2003 Wisconsin Act 80, is amended to read:

SB566,17,6 943.21 (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, s. 50 Section 50. 943.21 (3) (bm) of the statutes, as created by 2003 Wisconsin Act 80, is amended to read:

SB566,17,10 943.21 (3) (bm) Whoever violates sub. (1) (1m) (d) is subject to a Class D forfeiture.

Note: Inserts correct cross-reference. 2003 Wis. Act 252 renumbered s. 943.21 (1) to s. 943.21 (1m).

SB566, s. 51 Section 51. 943.21 (3m) (a) 2. of the statutes, as created by 2003 Wisconsin Act 80, is amended to read:

SB566,17,14 943.21 (3m) (a) 2. "Repeat offense" means a violation of sub. (1) (1m) (d) that occurs 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, s. 52 Section 52. 943.21 (3m) (c) of the statutes, as created by 2003 Wisconsin Act 80, is amended to read:

SB566,18,2 943.21 (3m) (c) Driver's license suspension; 3rd offense. Subject to par. (d), if a person violates sub. (1) (1m) (d) after having been found by a court to have committed an offense that constitutes a repeat offense, the court, in addition to imposing any penalty under sub. (3) (bm), shall suspend the person's operating privilege 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, s. 53 Section 53. 943.21 (3m) (d) of the statutes, as created by 2003 Wisconsin Act 80, is amended to read:

SB566,18,8 943.21 (3m) (d) Driver's license suspension; 4th offense. If a person violates sub. (1) (1m) (d) after having his or her operating privilege suspended under par. (c), the court, in addition to imposing any penalty under sub. (3) (bm), shall suspend the person'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, s. 54 Section 54. 943.212 (4) (b) of the statutes, as created by 2003 Wisconsin Act 80, is amended to read:

SB566,18,12 943.212 (4) (b) This subsection does not apply to an action based on acts that constitute 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, s. 55 Section 55. 961.41 (1m) (hm) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB566,19,2 961.41 (1m) (hm) Certain other schedule I controlled substances and ketamine. (intro.) If the person violates this subsection with respect to gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is subject to the following penalties if the amount possessed, with intent to manufacture, 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 Section 56. 961.41 (2) (bm) of the statutes, as affected by 2003 Wisconsin Act .... (Senate Bill 562), is amended to read:

SB566,19,14 961.41 (2) (bm) Counterfeit of phencyclidine and certain other drugs. If a person violates this subsection with respect to a counterfeit substance that is a counterfeit of phencyclidine, methamphetamine, lysergic acid diethylamide, gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine 4-bromo-2,5-dimethoxy-beta-phenylethyl-amine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, or ketamine, the person is subject to the applicable fine and imprisonment for manufacture, distribution, delivery, or possession with intent to manufacture, distribute, 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.

SB566, s. 57 Section 57. The treatment of 973.055 (1) (intro.) of the statutes by 2003 Wisconsin Act 139 is not repealed by 2003 Wisconsin Act 225. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 973.055 (1) (intro.) reads:

(1) (intro.) If a court imposes a sentence on an adult person or places an adult person on probation, regardless of whether any fine is imposed, the court shall impose a domestic abuse surcharge under ch. 814 of $75 for each offense if:

SB566, s. 58 Section 58. 2003 Wisconsin Act 176, section 1 is amended by replacing "20.250 (2) (g) of the statutes is created to read:" with "20.250 (2) of the statutes is created to read:".

Note: 2003 Wis. Act 176, section 1, creates all of s. 20.250 (2), not just s. 20.250 (2) (g).